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Buy through us
Explore buy through us
Category management
Government property for sale or lease
Personal property (tangible goods)
Real property (real estate and buildings) for public use
Real property sales
Vehicle sales
Products and services
Human capital
Industrial products and services
Office management
Professional services
Security and protection
Transportation and logistics services
Purchasing programs
Assisted acquisition
Commercial platforms
Emergency acquisition basic ordering agreements
Federal strategic sourcing initiative
Fleet management
HCaTS and HCaTS SB
OASIS and OASIS SB
Requisition programs
State and local programs
Shared services
Payroll services
Support services for CABs
Sell to government
Explore sell to government
Step 1: Learn about government contracting
Ways you can sell to government
How to access contract opportunities
Conduct market research
Step 2: Compete for a contract
Register your business
Certify as a small business
Become a schedule holder
Market your business
Research active solicitations
Respond to a solicitation
What to expect during the award process
Step 3: Manage your contract
Comply with contractual requirements
Handle contract modifications
Monitor past performance evaluations
Real estate
Explore real estate
Design and construction
3D-4D building information modeling
Computer-aided design standards
Engineering
Project management information system
Prospectus thresholds
Facilities management
Security
Tenant services
Water quality management
Our properties
Owned and leased properties
Regional buildings
Renting property
Real estate services
Leasing
Real property disposal
Reimbursable services (RWA)
For businesses seeking opportunities
For workers in federal buildings
Voice of the customer
Workplace optimization
Commercial coworking
Federal coworking
Policy and regulations
Explore policy and regulations
Acquisition management policy
Aviation management policy
Information technology policy
Real property management policy
Relocation management policy
Travel management policy
Vehicle management policy
Regulations
Federal acquisition regulations
Federal management regulations
Federal travel regulations
Small business
Explore small business
Small business goals
Register your business
Explore business models
Research the federal market
Subcontracting and other partnerships
Forecast of contracting opportunities
Small business resources
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Videos
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Explore travel
Plan a trip
Per diem rates
Transportation (airfare rates, POV rates, etc.)
Lodging
Travel charge card
Travel and lodging services
E-gov travel service (ETS)
Rideshare
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Federal travel regulation
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Explore technology
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FedRAMP
Federal identity, credentials, and access management
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About us
Explore about us
Background and history
Overview
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Role in presidential transitions
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Get an internship
Launch your career
Elevate your professional career
Discover special hiring paths
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Our training programs
Newsroom
Agency blog
Congressional testimony
GSA does that podcast
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Federal Acquisition Service
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Staff offices
Regions
Region 1 | New England
Region 2 | Northeast and Caribbean
Region 3 | Mid-Atlantic
Region 4 | Southeast Sunbelt
Region 5 | Great Lakes
Region 6 | Heartland
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Region 9 | Pacific Rim
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  1. Home
  2. Policy & regulations
  3. Policy
  4. Federal Advisory Committee Management
  5. Advice and Guidance
  6. When is FACA Applicable?

When is Federal Advisory Committee Act (FACA) Applicable?

When FACA Is and Is Not Applicable To Interactions with the Private Sector

INTRODUCTION
FACA was enacted in 1972 to control the growth and operation of the “numerous committees, board, commissions, councils, and similar groups which have been established to advise officers and agencies in the executive branch of the Federal Government.” 5 U.S.C. App. 1, § 2(a).

When initially enacted FACA assigned to the Office of Management and Budget (OMB) responsibility for government oversight of advisory committees. In 1977 President Carter, acting pursuant to a congressionally approved reorganization plan, transferred the advisory committee functions from OMB to the General Services Administration (GSA). (See Executive Order 12024.) The statutorily mandated Committee Management Secretariat (CMS) therefore, also was transferred to GSA to carry out this responsibility.

As part of its responsibility under FACA, GSA issues governmentwide guidelines and regulations for Federal Advisory Committee Management.

ILLUSTRATIVE SCENARIOS
The scenarios illustrate when FACA does and does not apply to interactions between Executive branch officials and the private sector. An overview of the process when FACA applies is also included.

SCENARIO ONE - FACA NOT APPLICABLE
Factual assumptions: As part of continuing National Performance Review (NPR) initiatives, the Administrator wishes a series of meetings with senior corporate executives from companies which have faced or are facing challenges similar to those facing government today, e.g., downsizing, restructuring, reduced resources, creative financing needs, labor and human resources concerns, increased customer relations demands, etc.

The Administrator will obtain experiential and anecdotal information from each executive on challenges faced by his/her company, how the company met the challenges, approaches which were productive or successful, and those which were not. The specific agenda subjects will likely change and may be set in advance or be free form. No collective advice or recommendations will be solicited.

FACA does not apply because:

  • The purpose is to obtain information or viewpoints from individual attendees as opposed to advice, opinions or recommendations from the group acting in a collective mode.

FACA coverage could become an issue if:

  • The function/mission of the group changes over time and the Administrator begins to use the group as a source of collective advice or recommendations. The more static the group composition, i.e., the same attendees at each meeting, the more likely an issue of FACA’s applicability will arise.

SCENARIO TWO - FACA APPLICABLE
Factual assumptions: Same fact pattern as described in paragraph 1 of Scenario One except rather than seeking information on individual corporate experiences the Administrator prefers to establish a committee composed of senior corporate officials which will meet, interact, deliberate, and advise him/her on a variety of issues arising out of the NPR. The committee structure could include a core membership with subgroups.

FACA applies because:

  • The committee is established by an agency head (the Administrator) to obtain advice or recommendations for him or herself or other federal officers in the executive branch; and
  • The committee is not composed wholly of full-time, or permanent part-time federal employees.

REQUIREMENTS/PROCESS WHEN FACA APPLIES
Establishment:

  • The Administrator is authorized to establish advisory committees to advise him/her on functions vested in the Administrator by the Federal Property and Administrative Services Act, or other GSA authorizing legislation.
  • Committees which advise the Administrator also may be established by specific statutory language.
  • No advisory committee can meet or take action prior to the Administrator approving a charter, and appropriate notifications and filing.

Members:

  • The membership must be balanced in terms of points of view represented and the functions to be performed by the committee.
  • Members may be subject to ethics laws depending on their appointment.

Meetings:

  • Must have 15 days advance notice in the Federal Register.
  • Must be open to the public unless limited statutory bases for closure apply.
  • Must have a Designated Federal Officer in attendance.
  • Must have minutes which are available for public inspection (except for portions of a meeting which was closed).

 

Have questions? Contact the Committee Management Secretariat. 

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Last updated: Aug 15, 2024
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      • When is FACA Applicable?
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    • FACA Database

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