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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 th Congress , one bill has been introduced that would amend FACA's implementation and administration.
In addition, H. On March 1, , H. On March 2, , H. No further action has been taken on the bill. Introduction Congress, Presidents, and executive branch agencies create federal advisory committees to gain expertise and policy advice from individuals outside the federal government.
Federal advisory committees have historically been created on an ad hoc, provisional basis to bring together various experts—often with divergent opinions and political backgrounds—to examine an issue and recommend statutory, regulatory, grantmaking, or other policy actions. Federal advisory committees are one of only a few formalized mechanisms for private-sector citizens to participate in the federal policymaking process.
Whether called commissions, committees, councils, task forces, or boards, these entities have historically been used to address a gamut of public policy issues, offering policy recommendations on topics ranging from organ transplant practices 1 to improving operations at the Department of Homeland Security. Advisory bodies statutorily mandated may or may not be obligated to follow FACA requirements—often depending on whether Congress explicitly states in legislation whether FACA should apply.
One general principle is that FACA's application can be determined by examining which branch of the federal government appoints committee members and to which branch the committee reports its findings. More detail on determining whether FACA's requirements apply to a particular committee are provided later in this report.
With advisory committees' broad utility, agency administrators, the President, and Congress are likely to continue creating federal advisory committees throughout the th Congress and in the future.
In the th Congress, one bill has been introduced that, if enacted, would affect FACA's implementation and administration government-wide. Additionally, the bill seeks to ensure that any advisory body subcommittees and privately contracted advisory committees adhere to FACA's requirements.
Currently, such subcommittees and privately contracted committees are not covered by FACA. Among other changes, H. The bill, however, could increase the time and costs associated with starting and administering advisory committees.
This report provides a legislative and executive-branch history of FACA, and examines its application.
It also provides analysis of data on committee operations and costs over time, with a specific focus on advisory committee operations in FY In , for example, a law was enacted that prohibited payment to "any commission or inquiry, except courts martial or courts of inquiry in the military or naval service" without explicit "special appropriations. By the 20th century, some Members of Congress believed the executive branch's advisory bodies were inefficient and not accessible to the public.
Some Members believed that the public harbored concerns that a proliferation of federal advisory committees had created inefficient duplication of federal efforts. Congress was called on to increase oversight of the proliferating advisory boards. The law established the first statutory requirements for management of, access to, and oversight of federal committees.
The act requires that all advisory committees "be advisory only," and that issues on which they offer recommendations are to be "determined, in accordance with law, by the official, agency, or officer involved. FACA places certain requirements on the formation and oversight of federal advisory committees.
For example, FACA requires congressional committees to continuously review whether existing federal advisory committees that fall under their legislative jurisdiction are necessary or redundant. Congress is also to determine if the committees are "fairly balanced in terms of the points of view represented and the functions to be performed. The OMB Director's first mandated task was to review, concurrently with Congress, existing advisory entities to determine whether they should be abolished.
The Director was also to create operating policies for advisory committees and provide "advice, assistance, and guidance" to entities "to improve their performance. In the case of a presidential advisory committee, 23 however, the President must submit to Congress—within a year of receiving a committee's public report—proposals for action or reasons for inaction on the recommendations in the public report.
The law authorizes only Congress, the President, or an agency head to create an advisory committee. The Code of Federal Regulations defines an advisory committee nearly identically to FACA's definition, but adds that the body must be created "for the purpose of obtaining advice or recommendations for the President or on issues or policies within the scope of an agency official's responsibilities.
Committees that consist entirely of part- or full-time federal employees are explicitly exempted from FACA, as are committees created by the National Academy of Sciences or the National Academy of Public Administration.
According to GSA, it is generally up to the agency that hosts the advisory committee to determine whether FACA statutes are applicable. While FACA may improve both the reality and perception of transparent governmental operation and accessibility, its requirements may also place a number of additional chartering, record-keeping, notification, and oversight requirements on the entity.
In particular, agencies have claimed that compliance with the various FACA requirements are cumbersome and resource intensive, thereby reducing the ability of committees to focus on substantive issues in a spontaneous and timely fashion. For example, the requirement that all meetings be posted "with timely notice" in the Federal Register 42 may slow down the daily operations of an advisory committee, which will typically not hold meetings until 15 days after the notice is published.
The data are reported to GSA by federal employees assigned to ensure appropriate operation of each agency's affiliated advisory committees.
In the past five years, the number of FACA committees operating government-wide has remained consistent, while the number of committee members has increased by 2, 3.
In each year examined, a majority of the active committees were required to be established by statute. Five of the statutorily required committees newly established in operate within the Department of the Interior.
Figure 1. The data show an inconsistent increase in the number of members, from 69, in FY to 72, in FY FY marks a 5. Figure 2.
This reduction over time appears prompted by fewer FACA members, as well as by a reduction in travel and per diem costs for members to attend advisory committee meetings.
Figure 3. Notes: Adjusted to FY dollars. When a hazard cannot be abated without assistance of the General Services Administration or other Federal lessor agency, an agency shall act with the lessor agency to secure abatement. Assure the right to anonymity of those making the reports.
Occupational Safety and Health Committees.
Agency heads may establish occupational safety and health committees. If committees are established, they shall be established at both the national level and, for agencies with field or regional offices, other appropriate levels.
The committees shall be composed of representatives of management and an equal number of nonmanagement employees or their representatives.
Where there are exclusive bargaining representatives for employees at the national or other level in an agency, such representatives shall select the appropriate nonmanagement members of the committee. The committees shall, except where prohibited by law, a Have access to agency information relevant to their duties, including information on the nature and hazardousness of substances in agency workplaces.
A Committee may request the Secretary of Labor to conduct an evaluation or inspection pursuant to this order if half of a Committee is not substantially satisfied with an agency's response to a report of hazardous working conditions. Department of Labor. The Secretary of Labor shall: a Provide leadership and guidance to the heads of agencies to assist them with their occupational safety and health responsibilities. The program elements shall help agency heads establish occupational safety and health committees and operate effective occupational safety and health programs, and shall provide flexibility to each agency head to implement a program consistent with its mission, size and organization.
Upon request of an agency head, and after consultation with the Federal Advisory Council on Occupational Safety and Health, the Secretary may approve alternate program elements.
These services may include studies of accidents, causes of injury and illness, identification of unsafe and unhealthful working conditions, and means to abate hazards.