In 1972, the Federal Advisory Committee Act (FACA) was enacted to set operational requirements for federal advisory committees. Pursuant to statute, the General Services Administration (GSA) maintains and administers management guidelines for federal advisory committees. In the 114 th Congress, one bill has been introduced that, if enacted, would affect FACA's implementation and administration government-wide. The Federal Advisory Committee Act Amendments of 2016 ( H.R. 2347 seeks to clarify the ethics requirements of committee members and would increase certain federal advisory committee records access requirements. On March 2, 2016, H.R. This report provides a legislative and executive-branch history of FACA, and examines its application. Subsequently, Congress enacted FACA in 1972. FACA places certain requirements on the formation and oversight of federal advisory committees. Most committee meetings are required to be advertised in the Federal Register and open to the public. Committee Operations and Cost Statistics44

In FY2015, 1,009 committees reported a total of 72,200 members and a cost to the federal government of $367,568,370. 2347 , the Federal Advisory Committee Act Amendments of 2015. 2347 would increase public access to federal advisory committees, clarify ethics requirements of FACA committee members, and extend FACA requirements to federal advisory committees established by entities outside of a federal agency, but under contract with the agency. On March 1, 2016, H.R. 2347 passed the House. 2347 was referred to the Senate Committee on Homeland Security and Governmental Affairs. No further action has been taken on the bill. 2347 would require the selection of members without regard to their partisan affiliations. In addition, H.R. The agency must also put online a copy of each such certification, a summary description of the conflict necessitating the certification, and the reason for granting the certification Any recusal agreement made by a member or any recusal known to the agency that occurs during the course of a meeting or other work of the committee A summary of the process used by the advisory committee for making decisions Detailed minutes of all meetings of the committee and a description of committee efforts to make meetings accessible to the public using online technologies (such as video recordings) or other techniques (such as audio recordings) Any written determination by the President or the head of the agency to which the advisory committee reports, pursuant to Section 10(d), to close a meeting or any portion of a meeting and the reasons for such determination Notices of future meetings of the committee Any additional information considered relevant by the head of the agency to which the advisory committee reports. Below are discussions of potential policy options that Congress may consider when examining the operations of FACA committees. Appendix. 5. The purpose of S. 3529 is to: strengthen the authority of Congress and the executive branch to limit the use of Federal advisory committees to those that are necessary and serve an essential purpose; provide uniform standards for the creation, operation, and management of such committees; provide that the Congress and the public are kept fully and currently informed as to the number, purposes, membership, and costs of advisory committees, including their accomplishments; and assure that Federal advisory committees shall be advisory only. 4383 as amended.
Federal advisory committees—which may also be labeled as commissions, councils, task forces, or working groups—are established to assist congressional and executive branch policymaking and grantmaking. In some cases, federal advisory committees assist in solving complex or divisive issues. Federal advisory committees may be established by Congress, the President, or an agency head to render independent advice or provide the federal government with policy recommendations.
In 1972, Congress enacted the Federal Advisory Committee Act (FACA; 5 U.S.C. Appendix—Federal Advisory Committee Act; 86 Stat. 770, as amended). FACA was prompted by the perception that some advisory committees were duplicative, inefficient, and lacked adequate oversight. FACA mandates certain structural and operational requirements, including formal reporting and oversight procedures. Additionally, FACA requires committee meetings be open to the public, unless certain requirements are met. Also, FACA committee records are generally required to be accessible to the public. Pursuant to statute, the General Services Administration (GSA) maintains and administers management guidelines for federal advisory committees.
During FY2015, 1,009 active FACA committees reported a total of 72,200 members. Federal operating costs for those committees was reported as $367,568,370, of which $205,800,103 (56.0%) was spent on federal support staff to administer the committees. The preponderance of FACA committee members and meetings are providing advice and recommendations in the grantmaking processes of the federal government.
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 114th Congress (2015-2016), one bill has been introduced that would amend FACA's implementation and administration. H.R. 2347, the Federal Advisory Committee Act Amendments of 2016, would create a formal process for the public to recommend potential advisory committee members and require member selection without regard to partisan affiliations. In addition, H.R. 2347 seeks to clarify the ethics requirements placed on committee members, and would increase each FACA committee's records access requirements. On March 1, 2016, H.R. 2347 passed the House. On March 2, 2016, H.R. 2347 was referred to the Senate Committee on Homeland Security and Governmental Affairs. No further action has been taken on the bill.