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Congressional Research Service
Informing the legislitive debate sinee 1914
Updated June 5, 2023
Federal Advisory Committee Act (FACA): Meeting
Requirements
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 Congress.
Many federal advisory committees are subject to the
Federal Advisory Committee Act (FACA; 5 U.S.C. Chapter
10), which includes statutory meeting and transparency
requirements. The Committee Management Secretariat
(hereinafter Secretariat) of the General Services
Administration (GSA) is responsible for matters relating to
advisory committees subject to FACA. As part of this
responsibility, GSA has issued guidance on meeting
procedures (Federal Advisory Committee Management;
Final Rule, 66 Federal Register 37738-37740, 2001).
In the Final Rule, GSA stated
[w]hile FACA is not a public participation statute,
it directly affects how the executive branch is held
accountable for the use and management of Federal
advisory committees as a major means of obtaining
public involvement.
One of these methods is through FACA's open and
accessible meeting requirements.
This In Focus provides an overview of the type of meetings
covered by FACA, frequency and notice considerations,
open meeting requirements, and meeting minute
preparation requirements. For more information on FACA,
see CRS Report R44232, Creating a Federal Advisory
Committee in the Executive Branch, by Meghan M.
Stuessy.
Defining Meetings
While the statute itself does not specify, the Final Rule
provides a definition of what types of gatherings are subject
to FACA's meeting requirements and procedures.
What Is a Committee Meeting?
Committee meeting means any gathering of advisory committee
members (whether in person or through electronic means)
held with the approval of an agency for the purpose of
deliberating on the substantive matters upon which the
advisory committee provides advice or recommendations.
Federal Advisory Committee Management; Final Rule, 66
Federal Register 37734, July 19, 2001.
The Final Rule recognizes that not all gatherings address
substantive matters that require public inspection. The Final
Rule excludes the activities of two or more advisory
committee members related to
* preparatory work: meetings convened solely to gather
information, conduct research, or analyze relevant issues
and facts in preparation for a meeting of the advisory
committee, or to draft position papers for deliberation by
the advisory committee; and
* administrative work: meetings convened solely to
discuss administrative matters of the advisory
committee or to receive administrative information from
a Federal officer or agency. (41 C.F.R. §102-3.160)
According to GSA, FACA requires contemporaneous
access to the advisory committee deliberative process.
Critics, however, have questioned the relationship between
emails and the preparatory work exception as possibly
allowing agencies to conduct business without triggering
FACA. To remedy this tension, in 2011, the Administrative
Conference of the United States suggested a FACA revision
to permit the use of a moderated web forum to be open for
an extended period of time, rather than solely for the
duration of the meeting, in order to capture deliberative and
preparatory comments. This recommendation has not been
adopted to date.
Frequency of Meetings
While FACA does not provide for a minimum or maximum
number of advisory committee meetings, the statute does
indicate that the estimated number and frequency of
meetings must be reported when an advisory committee
files its charter with GSA (5 U.S.C. §1008). A committee's
charter must define the federal advisory committee's
mission or charge, its specific duties, and general operating
characteristics.
When an advisory committee is established, its statute,
agency guidance, or presidential directive creating the
committee may specify the number and frequency of
meetings. These meeting requirements would similarly be
reported in the committee's charter. For more information
on the establishment of federal advisory committees, see
CRS In Focus IF12102, Federal Advisory Committee Act
(FACA): Committee Establishment and Termination, by
Meghan M. Stuessy.
Meeting Notice Requirements
The Final Rule requires advisory committee meeting
notices to be published in the Federal Register at least 15
calendar days in advance. Such a notice is to include](ViewImageLocal?handle=hein.crs/govelwg0001&div=1&collection=&method=preview&ext=.png&size=3)