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 |
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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.