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1 1 (October 19, 2023)

handle is hein.crs/govenfo0001 and id is 1 raw text is: aaCongressional Research Service Informing the legislative debate since 1914 Updated October 19, 2023 Federal Advisory Committee Act (FACA): Committee Establishment and Termination 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 also allow the federal government to provide a forum where potentially controversial topics may be discussed by experts outside the political arena and reduce the workload of executive branch employees and Members of Congress. Many federal advisory committees are subject to the Federal Advisory Committee Act (FACA; 5 U.S.C. Appendix), which has chartering and transparency requirements. The method by which a committee is established under FACA also provides for how the committee may be terminated. Decisions on whether a specific committee is subject to FACA rests on many factors and is often made on a case-by-case basis. The Committee Management Secretariat (hereinafter Secretariat) of the General Services Administration (GSA) is responsible for all matters relating to advisory committees subject to FACA. As part of this responsibility, GSA has issued guidance on committee establishment and termination procedures (Federal Advisory Committee Management; Final Rule, 66 Federal Register 37728- 37750, 2001). This In Focus details the ways in which a federal advisory committee may be established, how a committee may be terminated, and previous efforts to limit the number of committees within the executive branch. For more information on FACA, see CRS Report R44232, Creating a Federal Advisory Committee in the Executive Branch, by Meghan M. Stuessy. Committee Establishment All federal advisory committees subject to FACA must submit charters to the GSA Administrator in order to be formally established (5 U.S.C. §1008). The charter must define the federal advisory committee's mission or charge, its specific duties, and general operating characteristics. The charter must be filed with the advisory committee's agency head, the agency's Senate and House committees of jurisdiction, the Secretariat, and the Library of Congress (41 C.F.R. §102-3.70). A committee cannot meet or take action without filing a charter, which must also be refiled every two years (5 U.S.C. §1013(b)). Methods to Establish an Advisory Committee Committees may be established under FACA by one of four methods, which are further categorized as either non- discretionary or discretionary committees. A non-discretionary advisory committee is either a * presidential advisory committee mandated by presidential directive, or * statutory advisory committee mandated by statute. A discretionary advisory committee is either * established under agency authority in cases when nonfederal input might benefit agency decisionmaking, or * authorized by law under specific authorization from Congress. Differences Between Discretionary and Non- Discretionary Committees Discretionary committees face more procedural hurdles in the chartering process than non-discretionary committees do. In order to establish, renew, or reestablish a discretionary committee, an agency must consult with the Secretariat and explain (1) why the committee needs to be established; (2) why its existence is essential to the conduct of agency business and is in the public interest; and (3) how the committee's functions cannot be performed by the agency, another existing committee, or other means such as a public hearing. A non-discretionary committee, by comparison, performs the functions provided for in statute or in the establishing presidential directive. Creating a Committee by Legislation When considering legislation that establishes or authorizes the establishment of any advisory committee, FACA requires that such legislation include five factors: 1. a clearly defined purpose for the advisory committee; 2. a fairly balanced advisory committee membership in terms of the points of view represented and the functions to be performed by the advisory committee; 3. appropriate provisions to ensure that the advisory committee's recommendations are the result of its independent judgment; 4, provisions dealing with authorization of appropriations, the date for submission of reports (if any), and the duration of the advisory committee; and

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