Implementation of the federal advisory committee act: An overview

Abstract

A number of problems arising under the Federal Advisory Committee Act (FACA) call for administrative and possibly legislative action. The problems reflect uncertainties in the scope of coverage of the Act; tensions in the relationship between FACA, Executive Order 12044, and laws calling for Federal consultations with State and local governments; and the manner of implementation of the Act. As a consequence of these problems. Federal agencies have established a number of unchartered, de facto advisory committees existing outside the requirements of the Act. To avoid the requirements of FACA, a number of agencies have increasingly turned to using expert consultants and to convening meetings open to the public. Many agencies that have attempted to conform strictly to FACA's requirements have felt it necessary to reduce their consultations with the public because of uncertainties about the range of contacts permitted by FACA. It is also clear, however, that the Act has opened up to the public some deliberations that otherwise would have been conducted behind closed doors. Because of the existence of many advisory groups outside the scope of FACA, and the reduction of public participation in the work of some agencies, corrective action is in order. The General Services Administration (GSA), which is responsible for generally administering FACA, should use the opportunity presented in its forthcoming rulemaking on FACA to correct the problems of implementation. This will require the cooperation of OMB. In addition, the possibility of legislative change to clarify coverage of the Act and its relationship to other laws should be explored.