Federal Advisory Committees: A Primer

Publication Date: April 2008

Publisher: Library of Congress. Congressional Research Service

Author(s):

Research Area: Government

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Abstract:

Federal advisory committees are frequently chartered by the Chief Executive, Congress, and agency heads to render independent advice and to make recommendations. By virtue of their ad hoc status, advisory committees can circumvent normal bureaucratic constraints to provide diverse points of view in matters of public policy within a definite time frame. Whether designated as commissions, committees, councils, or task forces, these independent study bodies have dealt with social crises, policy issues, and technical problems of major proportions. Commissions provide a flexible option, since their composition, organization, and working arrangements may be varied through the specific mandates establishing them.

Congress formally acknowledged the merits of using advisory committees to obtain expert views drawn from business, academic, government, and other interests when it enacted the Federal Advisory Committee Act (FACA) in 1972 (5 U.S.C. Appendix -- Federal Advisory Committee Act; 86 Stat. 770, as amended). The legislative history pertaining to FACA reveals that Congress had two major concerns about advisory committees before 1972. The first concern was that the public perceived many advisory committees as duplicative and inefficient, and otherwise lacking adequate controls or oversight. The second concern was the widespread belief that advisory committees did not adequately represent the public interest, and that committee meetings were too often closed to the public. Congressional enactment of FACA established the first requirements for the management and oversight of federal advisory committees to ensure impartial and relevant expertise. FACA requires that the advice provided by advisory committees be objective and accessible to the public, and that committee membership be "fairly balanced in terms of the points of view represented." Pursuant to FACA requirements, the General Services Administration (GSA) maintains and administers management guidelines for commissions. During FY2007, GSA reported a total of 904 advisory committees, composed of 44,337 members, which provided advice and recommendations to 57 departments and agencies. The total reported cost to operate these advisory committees during FY2007 was nearly $626.9 million.

This report sets forth definitions and requirements for creating commissions as required by FACA. Twelve commissions were created by the Omnibus Consolidated and Emergency Supplemental Appropriations Act (112 Stat. 2681), and are used here to illustrate the various options that are available for creating independent study bodies. This report will be updated periodically to reflect changes in FACA guidelines.