Federal Advisory Committee Act management overview

What is FACA?  

The Federal Advisory Committee Act, as amended, 5 U.S.C. chapter 10, governs the establishment, operation, and termination of advisory committees within the executive branch of the Federal Government. FACA defines what constitutes a Federal advisory committee and provides general procedures for the executive branch to follow for the operation of these committees. The Act helps to ensure that Congress and the public are kept informed regarding the number, purpose, membership, activities, and cost of advisory committees. GSA’s authority for administering FACA is contained in 5 U.S.C. 1006(c) of the Act and Executive Order 12024.

What are Federal advisory committees?

Federal advisory committees may be composed of subject matter experts, representative members, and Federal Government employees who provide advice and recommendations to help inform and improve executive branch operations and programs. Absent any legislative requirements, advisory committees are advisory only. They are a useful tool for “furnishing expert advice, ideas, and diverse opinions to the Federal Government,” (5 U.S.C. 1002(a)). 

Federal advisory committee member perspectives may come from those of consumers, technical experts, the public at-large, academia, business, or other sectors. Together, Federal advisory committee members deliberate to provide recommendations during Federal advisory committee meetings, which operate under transparency laws that promote public access, input and accountability.

A subcommittee is a sub-group that reports to a Federal advisory committee, and not directly to a Federal officer or agency, whether or not its members are drawn in whole or in part from the parent advisory committee. However, if a subcommittee makes advice or recommendations directly to a Federal officer or agency, it’s no longer functioning as a subcommittee, and must: file a charter following the requirements of § 102-3.70 of the Act, that includes the information required in § 102-3.75; comply with all of the requirements of the FACA final rule; and will be counted as a chartered advisory committee at an agency.

Who Creates Federal Advisory Committees?

A Federal advisory committee can be established under the authority of an agency head, statute, or Presidential Directive. 

• A discretionary advisory committee is established under the authority of an agency head or authorized by statute. An advisory committee referenced in general (non-specific) authorizing language or Congressional committee report language is discretionary, and its establishment or termination is within the legal discretion of an agency head.
• A non-discretionary advisory committee is either required by statute or by Presidential Directive. A non-discretionary advisory committee required by statute generally is identified specifically in a statute by name, purpose, or function(s), and its establishment or termination is beyond the legal discretion of an agency head. 

What is the GSA Committee Management Secretariat? 

FACA also created the Committee Management Secretariat (“Secretariat”), which provides oversight on the government-wide FACA program that includes approximately 1,000 Federal advisory committees. The Secretariat accomplishes this by working with executive branch agencies and departments regarding compliance with the Act and reporting on executive branch activities under the Act. 

As the secretariat, we carry out our responsibilities by:

• Engaging in consultations with agencies on the establishment, re-establishment, renewal, merger, and termination of Federal advisory committees.
• Prescribing advice and guidance applicable to Federal advisory committees.
• Assisting other agencies in implementing and interpreting the Act.
• Conducting an annual comprehensive review of government-wide Federal advisory committee accomplishments, costs, benefits, and other indicators to measure performance.
• Developing and providing government-wide training regarding the Act and related statutes and principles.
• Supporting the Interagency Committee on Federal Advisory Committee Management and FACA Attorney Council to improve compliance with the Act.
• Designing and maintaining a FACA database to facilitate data collection, reporting, and use of information required by the Act.
• Preparing regulations on Federal advisory committees.
• Identifying performance measures that may be used to evaluate Federal advisory committee accomplishments.