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1 1 (October 18, 2023)

handle is hein.crs/govenem0001 and id is 1 raw text is: Con gressional Research Service Informing the IegisIative debate since 1914 October 18, 2023 Federal Advisory Committee Act (FACA): Membership Federal advisory committees are created by Congress, Presidents, and executive branch agencies to gain expertise and policy advice from individuals outside the federal government. Establishing an advisory committee may allow the federal government to provide a forum for discussion of potentially controversial topics, and reporting of recommendations by experts outside the federal government. Federal advisory committees may also reduce the workload of executive branch employees and Congress. Many federal advisory committees are subject to the Federal Advisory Committee Act (FACA; 5 U.S.C. Chapter 10), which allows advisory committee members to offer perspectives, advice, and ideas on the implementation of federal policy. In administering FACA, the General Services Administration (GSA) has issued guidance in the form of a rule on membership procedures (hereinafter Final Rule; see Federal Advisory Committee Management; Final Rule, 66 Federal Register 37728- 37750, 2001). This In Focus provides an overview of FACA's membership requirements, including committee composition, the nomination process, membership balance requirements, types of members, and compensation. For more information on FACA, see CRS Report R44232, Creating a Federal Advisory Committee in the Executive Branch, by Meghan M. Stuessy. FACA s Scope and Membership Composition FACA applies to advisory committees where at least one nonfederal person-such as members of the public, business leaders, or state, local, or tribal officials-is included in the committee's membership. Committees composed wholly of full-time, or permanent part-time, officers or employees of the Federal Government are outside of FACA's coverage (5 U.S.C. §1001). The Final Rule further clarifies which membership compositions and purposes are outside FACA's scope. For example, intergovernmental committees where the members are acting in their official capacities may be outside of FACA's coverage. GSA explains that in order to be excluded from FACA the purpose of such a committee must be solely to exchange views, information, or advice relating to the management or implementation of Federal programs established pursuant to statute, that explicitly or inherently share intergovernmental responsibilities or administration (41 C.F.R. §102-3.40(g)). Nomination Process and A ppointments FACA does not specify the manner in which committee members must be appointed. Statute, agency guidance, or executive order language, however, may stipulate the nomination process for a particular advisory committee (66 Federal Register 37743). For committees without explicit direction, the appointment process is often described in a membership balance plan (see discussion below). Absent these requirements, each agency head may specify an agency's own nomination policy and procedure (see also GAO-19-280). For example, certain agencies solicit nominations through a notice published in the Federal Register; however, there is no requirement in FACA to do so. Relatedly, GSA notes that Members of Congress, agency officials, the general public, professional societies, or current and former committee members may nominate potential candidates for membership on a committee. Appointing Official The Final Rule explains that agency heads retain the final authority for selecting advisory committee members, unless otherwise provided for by a specific statute or Presidential directive. In certain cases, the appointing official may be the President, or the agency head may have designated this responsibility to another agency official, such as the agency committee management officer (CMO) who oversees the agency's implementation of FACA. Membership Balance Requirement 5 U.S. Code §1004(b)(2) FACA requires the membership of an advisory committee be fairly balanced in terms of the points of view represented and the functions to be performed by the advisory committee. Membersh ip Balance FACA requires that committees have a balanced membership. The method for ensuring a committee's balance varies based on its establishment authority, and whether it is a nondiscretionary committee (e.g., those mandated by presidential directive or statute) or discretionary committee (e.g., those authorized by law or established under agency authority). For more information about committee establishment, see CRS In Focus IF12102, Federal Advisory Committee Act (FA CA): Committee Establishment and Termination, by Meghan M. Stuessy. For nondiscretionary advisory committees, the membership balance is incorporated and assessed when Congress or the President drafts the establishment authority. Similarly, the establishment authority could require the membership to hold certain levels of education, geographic diversity, professional expertise, or interests to be represented on the committee. For discretionary advisory committees, the Final Rule requires agencies to submit a membership

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