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Federal Advisory Committees: An Introduction and Overview (CRS Report for Congress)

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Release Date Revised Oct. 27, 2016
Report Number R44253
Report Type Report
Authors Wendy Ginsberg, Analyst in American National Government
Source Agency Congressional Research Service
Older Revisions
  • Premium   Oct. 28, 2015 (149 pages, $24.95) add
Summary:

Federal advisory committees—which may also be labeled as commissions, councils, task forces, or working groups—are established to assist congressional and executive branch policymaking and grantmaking. In some cases, federal advisory committees assist in solving complex or divisive issues. Federal advisory committees may be established by Congress, the President, or an agency head to render independent advice or provide the federal government with policy recommendations. In 1972, Congress enacted the Federal Advisory Committee Act (FACA; 5 U.S.C. Appendix— Federal Advisory Committee Act; 86 Stat. 770, as amended). FACA was prompted by the perception that some advisory committees were duplicative, inefficient, and lacked adequate oversight. FACA mandates certain structural and operational requirements, including formal reporting and oversight procedures. Additionally, FACA requires committee meetings be open to the public, unless certain requirements are met. Also, FACA committee records are generally required to be accessible to the public. Pursuant to statute, the General Services Administration (GSA) maintains and administers management guidelines for federal advisory committees. During FY2015, 1,009 active FACA committees reported a total of 72,200 members. Federal operating costs for those committees was reported as $367,568,370, of which $205,800,103 (56.0%) was spent on federal support staff to administer the committees. The preponderance of FACA committee members and meetings are providing advice and recommendations in the grantmaking processes of the federal government. For Congress, several aspects of federal advisory committees may be of interest. For example, Congress can  require the establishment of new federal advisory committees;  oversee the operations of existing advisory committees; and  legislate changes to FACA or the ethics responsibilities placed on members who serve on FACA committees. This report offers a history of FACA, examines its current requirements, and provides data on federal advisory committees’ operations and costs. To date in the 114th Congress (2015-2016), one bill has been introduced that would amend FACA’s implementation and administration. H.R. 2347, the Federal Advisory Committee Act Amendments of 2016, would create a formal process for the public to recommend potential advisory committee members and require member selection without regard to partisan affiliations. In addition, H.R. 2347 seeks to clarify the ethics requirements placed on committee members, and would increase each FACA committee’s records access requirements. On March 1, 2016, H.R. 2347 passed the House. On March 2, 2016, H.R. 2347 was referred to the Senate Committee on Homeland Security and Governmental Affairs. No further action has been taken on the bill.