Federal Advisory Committee Act

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Federal Advisory Committee Act in stage 8. Implementation

Project Stages:

1. Gather ideas - Completed
2. Select ideas - Completed
3. Council approval - Completed
4. Picking a researcher - Completed
5. Committee consideration - Completed
6. Back to the council - Completed
7. Consideration by the full conference - Completed
8. Implementation - Current
Stage:  
8. Implementation

Contacts

Implementation Contact
202.480.2083
rbull@acus.gov
Staff Counsel
202.480.2093
dpritzker@acus.gov
In-House Researcher
202.480.2083
rbull@acus.gov
Consultant
James T. O’Reilly
Professor
University of Cincinnati School of Law
Media
202.480.2091
mkindelan@acus.gov

The Federal Advisory Committee Act ("FACA"), 5 U.S.C. App. 2, §§ 1-16, restricts the creation and use of advisory committees by federal agencies. An advisory committee is any committee or similar group, which does not consist solely of federal officers or employees, and which is established by statute, by the President, or by a federal agency to advise the President or a federal agency or officer. Among other things, FACA imposes procedural requirements on the creation of advisory committees, requires advisory committees to be fairly balanced, requires the meetings of advisory committees to be public and to be preceded by public notice, and requires the papers of an advisory committee to be public. The Conference conducted a study of FACA in order to recommend possible improvements.  The project examined whether FACA is functioning effectively and efficiently almost 40 years after its enactment and suggested ways to reduce procedural burdens and enhance transparency and objectivity of advisory committees. The initial phase of this study examined potential uses of new media in relation to advisory committees under FACA.  The consultant for this phase of the study was James T. O’Reilly, Professor of Law, University of Cincinnati College of Law.  Additional research on more general questions concerning applicability and implementation of the Federal Advisory Committee Act was conducted by Project Advisor Reeve Bull. 

Final Recommendation

Recommendation 2011-7, “The Federal Advisory Committee Act—Issues and Proposed Reforms,” addresses the issue of whether the Federal Advisory Committee Act (“FACA”) is functioning effectively and efficiently almost 40 years after its enactment. The recommendation offers three sets of proposed revisions to the existing FACA regime to make the law more relevant in light of agency experience with FACA and 21st century technologies....

Implementation

At its Plenary Session on December 8-9, 2011, the Administrative Conference of the United States adopted Recommendation 2011-7, regarding proposed reforms to the Federal Advisory Committee Act (FACA) and best practices in agencies’ compliance therewith.  This recommendation contains a number of reforms designed to clarify the scope of the Act (and exempt certain activities from FACA), alleviate the procedural burden associated therewith, and encourage certain “best practices” that greatly increase the transparency of advisory committee activities without imposing a substantial compliance burden on agencies.

Read the Federal Register notice announcing the adoption of Recommendation 2011-7, available at 77 Fed. Reg. 2257, 2261

Project Documents

Name Committee Type Date
Federal Advisory Committee Act Public Comments Collaborative Governance Public Comment December 1, 2011 Download
Proposed Amendments to Recommendation: The Federal Advisory Committee Act Collaborative Governance Recommendation December 8, 2011 Download
ABA Letter re Lobbyists' Service on Advisory Committees Collaborative Governance Public Comment March 9, 2010 Download
Comments from Alan Morrison for October 18 Meeting Collaborative Governance Public Comment October 18, 2011 Download
Comments from GSA for April 21 Meeting Collaborative Governance Public Comment April 15, 2011 Download
Comments from Philip Harter for April 21 Meeting Collaborative Governance Public Comment April 21, 2011 Download
Additional Comments from POGO et al. for April 21 Meeting Collaborative Governance Public Comment April 15, 2011 Download
Comments from POGO et al. for April 21 Meeting Collaborative Governance Public Comment April 15, 2011 Download
Comments from "Jean Public" for September 20 Meeting Collaborative Governance Public Comment September 2, 2011 Download
Comments from GSA for September 20 Meeting Collaborative Governance Public Comment September 12, 2011 Download
Informal Comments from Alan Morrison for September 20 Meeting Collaborative Governance Public Comment September 15, 2011 Download
Comments from Philip Harter for September 20 Meeting Collaborative Governance Public Comment September 15, 2011 Download
Memorandum from Philip Harter and John Kamensky on Alternative Recommendation Collaborative Governance Public Comment September 29, 2011 Download
Comments from GSA for October 18 Meeting Collaborative Governance Public Comment October 18, 2011 Download
Memorandum from Phil Harter for October 18 Meeting Collaborative Governance Public Comment October 17, 2011 Download
Comments from Dept. of Veterans Affairs on Recommendation for Consideration at Plenary Collaborative Governance Public Comment November 29, 2011 Download
Comments from Robert Rutkowski on Recommendation for Consideration at Plenary Collaborative Governance Public Comment December 3, 2011 Download
Comments from Stephen Buckley on Recommendation for Consideration at Plenary Collaborative Governance Public Comment December 2, 2011 Download
Comments from POGO on Recommendation for Consideration at Plenary Collaborative Governance Public Comment December 2, 2011 Download
Comments from USACITIZEN1@LIVE.COM on Recommendation for Consideration at Plenary Collaborative Governance Public Comment November 21, 2011 Download
Committee on Collaborative Governance - Minutes of Meeting – March 23, 2011 Collaborative Governance Meeting Minutes March 23, 2011 Download
Approved Minutes from March 23 Meeting Collaborative Governance Meeting Minutes March 23, 2011 Download
Approved Minutes from April 21 Meeting Collaborative Governance Meeting Minutes April 21, 2011 Download
Committee on Collaborative Governance - Minutes of Meeting – April 21, 2011 Collaborative Governance Meeting Minutes April 21, 2011 Download
Approved Minutes from September 20 Meeting Collaborative Governance Meeting Minutes September 20, 2011 Download
Committee on Collaborative Governance Minutes of Meeting – September 20, 2011 Collaborative Governance Meeting Minutes September 20, 2011 Download
Approved Minutes from October 18 Meeting Collaborative Governance Meeting Minutes October 18, 2011 Download
O'Reilly FACA Report Collaborative Governance Report April 15, 2011 Download
Draft Recommendation for April 21 Meeting Collaborative Governance Recommendation April 18, 2011 Download
Proposed Non-Substantive Revisions to Draft Recommendation for October 18 Meeting Collaborative Governance Recommendation October 18, 2011 Download
Draft Recommendation for October 18 Meeting: The Federal Advisory Committee Act Collaborative Governance Recommendation October 14, 2011 Download
Federal Advisory Committee Act Proposed Recommendation Collaborative Governance Recommendation November 20, 2011 Download
Draft Recommendation for March 23 Meeting Collaborative Governance Recommendation March 17, 2011 Download
Report on Web Forum Advisory Committee Meetings Collaborative Governance Report March 17, 2011 Download
Reeve T. Bull's Report on FACA Collaborative Governance Report September 12, 2011 Download
The Federal Advisory Committee Act-Issues and Proposed Reforms Collaborative Governance Recommendation December 9, 2011 Download
Committee Meeting Webcast Collaborative Governance Webcast September 20, 2011 Watch Video
Committee Meeting Webcast Collaborative Governance Webcast March 23, 2011 Watch Video
Committee Meeting Webcast Collaborative Governance Webcast April 21, 2011 Watch Video
Committee Meeting Webcast Collaborative Governance Webcast October 18, 2011 Watch Video
55th Plenary Session Webcast - Day 2 Collaborative Governance Webcast December 9, 2011 Watch Video
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