Wendy R. Ginsberg
Analyst in American National Government
Federal advisory committees—which may also be designated as commissions, councils, or task forces—are created as provisional advisory bodies that can circumvent bureaucratic constraints to collect a variety of viewpoints on specific policy issues. Advisory bodies have been created to address a host of issues, ranging from policies on organ donation to the design and implementation of the Department of Homeland Security. These committees are often created to help the government manage and solve complex or divisive issues. Such committees may be mandated to render independent advice or make recommendations to various bodies within the federal government by congressional statute, created by presidential executive order, or required by fiat of an agency head.
Congress formally acknowledged the merits of using advisory committees to acquire viewpoints from business, academic, governmental, and other interests when it passed the Federal Advisory Committee Act (FACA) in 1972 (5 U.S.C. Appendix—Federal Advisory Committee Act; 86 Stat.770, as amended). Enactment of FACA was prompted by the belief of many citizens and Members of Congress that such committees were duplicative and inefficient, and lacked adequate control or oversight. Additionally, some citizens believed the committees failed to sufficiently represent the public interest—an opinion punctuated by the closed-door meeting policies of many committees. FACA mandated certain structural and operational requirements for many federal committees, including formal reporting and oversight procedures for the advisory bodies. FACA requires that committee membership be “fairly balanced in terms of the points of view represented,” and advice provided by committees be objective and accessible to the public. Additionally, FACA requires nearly all committee meetings be open to the public. Pursuant to statute, the General Services Administration (GSA) maintains and administers management guidelines for federal advisory committees. During FY2010, 1,004 active committees had total of 74,336 members. The operating cost for those committees was $385,947,973, of which $180,359,637 was spent on federal staff to support the committees’ operations.
Committees that fit certain FACA criteria and are created by the executive branch are governed by FACA guidelines. FACA was designed to eliminate duplication of committee expertise and make advisory bodies in the executive branch more transparent. Congress may decide, however, to place FACA requirements on a body that it statutorily created. Existing statutes are sometimes unclear as to whether a congressionally created committee would have to comply with FACA requirements—except in cases when the statute explicitly mandates FACA’s applicability.
The 112th Congress may create new advisory bodies as well as oversee operations of and review reports created by existing ones. This report offers a history of the Federal Advisory Committee Act, examines its current requirements, and analyzes various advisory body design elements and operations.
Date of Report: January 24, 2011
Number of Pages: 25
Order Number: R40520
Price: $29.95
Follow us on TWITTER at http://www.twitter.com/alertsPHP or #CRSreports
Document available via e-mail as a pdf file or in paper form.
To order, e-mail Penny Hill Press or call us at 301-253-0881. Provide a Visa, MasterCard, American Express, or Discover card number, expiration date, and name on the card. Indicate whether you want e-mail or postal delivery. Phone orders are preferred and receive priority processing.
Analyst in American National Government
Federal advisory committees—which may also be designated as commissions, councils, or task forces—are created as provisional advisory bodies that can circumvent bureaucratic constraints to collect a variety of viewpoints on specific policy issues. Advisory bodies have been created to address a host of issues, ranging from policies on organ donation to the design and implementation of the Department of Homeland Security. These committees are often created to help the government manage and solve complex or divisive issues. Such committees may be mandated to render independent advice or make recommendations to various bodies within the federal government by congressional statute, created by presidential executive order, or required by fiat of an agency head.
Congress formally acknowledged the merits of using advisory committees to acquire viewpoints from business, academic, governmental, and other interests when it passed the Federal Advisory Committee Act (FACA) in 1972 (5 U.S.C. Appendix—Federal Advisory Committee Act; 86 Stat.770, as amended). Enactment of FACA was prompted by the belief of many citizens and Members of Congress that such committees were duplicative and inefficient, and lacked adequate control or oversight. Additionally, some citizens believed the committees failed to sufficiently represent the public interest—an opinion punctuated by the closed-door meeting policies of many committees. FACA mandated certain structural and operational requirements for many federal committees, including formal reporting and oversight procedures for the advisory bodies. FACA requires that committee membership be “fairly balanced in terms of the points of view represented,” and advice provided by committees be objective and accessible to the public. Additionally, FACA requires nearly all committee meetings be open to the public. Pursuant to statute, the General Services Administration (GSA) maintains and administers management guidelines for federal advisory committees. During FY2010, 1,004 active committees had total of 74,336 members. The operating cost for those committees was $385,947,973, of which $180,359,637 was spent on federal staff to support the committees’ operations.
Committees that fit certain FACA criteria and are created by the executive branch are governed by FACA guidelines. FACA was designed to eliminate duplication of committee expertise and make advisory bodies in the executive branch more transparent. Congress may decide, however, to place FACA requirements on a body that it statutorily created. Existing statutes are sometimes unclear as to whether a congressionally created committee would have to comply with FACA requirements—except in cases when the statute explicitly mandates FACA’s applicability.
The 112th Congress may create new advisory bodies as well as oversee operations of and review reports created by existing ones. This report offers a history of the Federal Advisory Committee Act, examines its current requirements, and analyzes various advisory body design elements and operations.
Date of Report: January 24, 2011
Number of Pages: 25
Order Number: R40520
Price: $29.95
Follow us on TWITTER at http://www.twitter.com/alertsPHP or #CRSreports
Document available via e-mail as a pdf file or in paper form.
To order, e-mail Penny Hill Press or call us at 301-253-0881. Provide a Visa, MasterCard, American Express, or Discover card number, expiration date, and name on the card. Indicate whether you want e-mail or postal delivery. Phone orders are preferred and receive priority processing.
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