Federal Advisory Committee Act

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 and best practices in agencies’ compliance therewith.  This recommendation is the result of the public, consensus-driven work of the Committee on Collaborative Governance of the Assembly of the Conference.  The Conference previously posted drafts of the project reports and recommendation and invited public comment.

Read the Recommendation 2011-7: Federal Advisory Committee Act - Issues and Proposed Reforms () adopted by the Administrative Conference.

Project Background

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.  Both Mr. O’Reilly and Mr. Bull’s reports appear below.

Details of the Committee Process

The Committee on Collaborative Governance held four meetings in 2011 to discuss the project and decide upon a draft recommendation.  Please see the links below for the documents considered by the Committee on Collaborative Governance during those meetings.

Documents Considered in Connection with Recommendation 2011-7

Proposed Recommendations

Proposed Recommendation for Consideration at Plenary Session ().
Proposed Amendments to Recommendation ().
Draft Recommendation for October 18 Meeting ().
Proposed Non-Substantive Revisions to Draft Recommendation for October 18 Meeting ().
Draft Recommendation for April 21 Meeting ().
Draft Recommendation for March 23 Meeting ().

Reports and Memoranda

Reeve T. Bull's Report on FACA ().
Professor James T. O'Reilly's FACA Report ().
Reeve T. Bull's Memorandum on Web Forum Advisory Committee Meetings ().

Minutes

Approved Minutes from October 18 Meeting ().
Approved Minutes from September 20 Meeting ().
Approved Minutes from April 21 Meeting ().
Approved Minutes from March 23 Meeting ().

Comments for Consideration at Plenary

Comments from USACITIZEN1@LIVE.COM on Recommendation for Consideration at Plenary ().
Comments from POGO on Recommendation for Consideration at Plenary ().
Comments from Stephen Buckley on Recommendation for Consideration at Plenary ().
Comments from Robert Rutkowski on Recommendation for Consideration at Plenary ().
Comments from Dept. of Veterans Affairs on Recommendation for Consideration at Plenary ().

Comments Considered at Committee Meetings

Memorandum from Phil Harter for October 18 Meeting ().
Comments from GSA for October 18 Meeting ().
Comments from Alan Morrison for October 18 Meeting ().
Memorandum from Philip Harter and John Kamensky on Alternative Recommendation ().
Comments from Philip Harter for September 20 Meeting ().
Informal Comments from Alan Morrison for September 20 Meeting ().
Comments from GSA for September 20 Meeting ().
Comments from "Jean Public" for September 20 Meeting ().
Comments from POGO et al. for April 21 Meeting ().
Additional Comments from POGO et al. for April 21 Meeting ().
Comments from Philip Harter for April 21 Meeting ().
Comments from GSA for April 21 Meeting ().

Other Documents

Meeting Policies and Procedures ().
ABA Letter re Lobbyists' Service on Advisory Committees ().

Webcasts of Meetings Addressing Recommendation 2011-7

• December 9 (Plenary Session)
• October 18
• September 20
• April 21
• March 23

Contacts

Research Consultant (Initial Phase)
Professor James T. O’Reilly
University of Cincinnati School of Law

Staff Counsel
David M. Pritzker

Project Advisor
Reeve T. Bull

For all media inquiries, please contact Kathy Kyle at 202.480.2091 or kkyle@acus.gov.