Wendy Ginsberg
Analyst in American National Government
Federal advisory committees—which may be designated as commissions, councils, or task forces—are created as provisional advisory bodies to collect viewpoints on various policy issues. Advisory bodies have been created to address a host of issues and can help the government manage and solve complex or divisive issues. Congress, the President, or an agency head may create a federal advisory committee to render independent advice or make policy recommendations to various federal agencies or departments.
In 1972, Congress enacted the Federal Advisory Committee Act (FACA; 5 U.S.C. Appendix— Federal Advisory Committee Act; 86 Stat.770, as amended). Enactment of FACA was prompted by the perception that advisory committees were duplicative, inefficient, and lacked adequate control or oversight. FACA mandates certain formal structural and operational requirements, including formal reporting and oversight procedures. Additionally, FACA requires committee meetings be open to the public, unless they meet certain requirements. Also, FACA committee records are to be accessible to the public. Pursuant to statute, the General Services Administration (GSA) maintains and administers management guidelines for federal advisory committees. During FY2011, 1,029 active committees reported a total of 69,750 members. Operating costs for those committees reportedly was $395,179,373, of which $188,342,083 was reportedly spent on federal staff to support the committees’ operations.
FACA was originally enacted to make executive branch advisory committee operations more accessible and transparent. Congress can decide, however, to apply FACA’s requirements to a legislative branch advisory committee. Existing statutes are sometimes unclear as to whether a congressionally created committee would have to comply with FACA’s requirements—except in cases when the statute includes language that indicates whether the act is to apply.
In the 112th Congress, one bill has been introduced that would modify FACA’s implementation and administration. On October 6, 2011, Representative William Lacy Clay introduced H.R. 3124, the Federal Advisory Committee Act Amendments of 2011. Among other changes, the bill would require the selection of advisory committee members without regard to their partisan affiliation. In addition, H.R. 3124 would create a formal process for the public to recommend potential advisory committee members. The bill seeks to clarify the ethics requirements placed on committee members, and the bill increases records access requirements. On October 6, 2011, the bill was concurrently referred to the House Committee on Oversight and Government Reform and the House Committee on Ways and Means. On October 13, 2011, the House Committee on Oversight and Government Reform ordered the bill to be reported by unanimous consent. No further action has been taken on the bill.
In addition to considering H.R. 3124, the 112th Congress may create new advisory bodies as well as oversee the operations of existing bodies. 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: June 26, 2012
Number of Pages: 31
Order Number: R40520
Price: $29.95
Document available via e-mail as a pdf file or in paper form.
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