The Federal Advisory Committee Act: Analysis of Operations and Costs

Contents

• Introduction
• Data and Methodology
• Data Examination and Analysis
• Limits on the Possible Number of FACA Committees
• FACA Committee Functions
• FACA Committee Members
• Total Number of Members
• Ethical Requirements Placed on Members
• FACA Meetings
• Total Number of Meetings
• Open vs. Closed Meetings
• Meeting Attendance Type
• FACA Costs
• Total Meeting Costs
• Salary Costs
• Travel, Per Diem, and "Other" Costs
• Costs by Committee Function
• Potential Policy Options
• Clarifying Data Reporting Requirements
• Consistency in Subcommittees
• Consistency in Member Information
• Changing Member Pay
• Separating Grant Review Committees and Special Emphasis Panels
• Pending Legislation

Summary

Federal advisory committees are established to allow experts from outside the federal government to provide advice and recommendations to executive branch agencies or the President. Federal advisory committees can be created either by Congress, the President, or an executive branch agency.

The Federal Advisory Committee Act (FACA) requires agencies to report on the structure, operations, and costs of qualifying federal advisory committees. The General Services Administration (GSA) is authorized to collect, retain, and verify the reported information, and does so using an online tool called the FACA Database.

This report provides an overview of the data that populates the FACA Database, which details the costs and operations of all active federal advisory committees. This report examines the data from FY2004-FY2014, with additional in-depth analysis of FY2014.

Generally, the data show that the number of active FACA committees has remained relatively stable over time, hovering around 1,000 committees in any given fiscal year. The Department of Health and Human Services consistently operates the most federal advisory committees, with 264 active committees in FY2014. The Department of Agriculture had the second most active committees in FY2014 with 166. In any given year, around half of the active FACA committees were required to be established by statute. In FY2014, Congress established 10 new FACA committees by statute.

Generally, around 70,000 people serve as members on FACA committees and subcommittees in any given year. In FY2014, 68,179 members served. In FY2014, 825 federal advisory committees held 7,173 meetings and cost more than $334 million to operate.

The report provides an in-depth examination of FACA committee operations, using the data collected by GSA. The report concludes by providing a list of policy options that Congress can consider when deliberating current or future legislation to amend FACA.

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The Federal Advisory Committee Act: Analysis of Operations and Costs

Introduction

Federal advisory committees are designed to collect a variety of viewpoints and to provide advice to the executive branch of the federal government from nonfederal sources. Congress, the President, or agency or department heads may establish advisory committees, which render independent advice or make recommendations to their affiliated department or agency.¹

In 1972, Congress enacted the Federal Advisory Committee Act (FACA) in response to the perception that existing advisory committees were duplicative, inefficient, and lacked adequate control or oversight.² FACA sets structural and operational requirements for advisory committees, including formal reporting and oversight procedures. FACA requires that committee membership be "fairly balanced in terms of the points of view represented," and that the advice provided by committees be objective, independent, and accessible to the public.³ Additionally, FACA requires that committee meetings be open to the public, unless the material discussed meets certain requirements.⁴ Pursuant to FACA, the General Services Administration (GSA) promulgates regulations and produces management guidelines for federal advisory committees. GSA also maintains the FACA Database, a database of information concerning membership, operations, and costs of FACA committees.⁵

Data and Methodology

Pursuant to FACA Section 7, the Administrator of GSA must complete an annual review of FACA committees to determine whether they are carrying out their purposes, can be merged together, or should be abolished. To complete this review, the Administrator has the authority to request necessary information from agencies. GSA collected the information in paper form between 1972-1997. Since 1997, GSA has collected the information by requiring agencies to report data directly into the FACA Database, an online data collection tool created and managed by GSA.

This report uses data from the FACA Database, the only publicly available source that includes aggregated and historical information on the membership, operations, and costs of FACA committees.⁶ According to GSA, the database is a "shared management system" wherein each participating agency and individual committee manager has responsibility for providing accurate and timely information that can be accessed by the system's wide array of users.⁷

Within the database, GSA provides descriptions of the data sought from agencies. Agency employees then interpret these requests and report data. Agencies' employees, however, may interpret the requested data in a variety of ways.⁸

The accuracy and completeness of the information contained in the FACA Database have not been independently validated by the Congressional Research Service (CRS). In some cases, data reporting appears inconsistent. Certain data elements in the database are required, while others are optional. Consequently, some data elements are reported by some committees and not reported by others. One example of this data limitation is the reporting of federal advisory committees' subcommittee meetings, membership, and costs. GSA allows committees to report this information, but agencies are not required to do so by statute or regulation. Some committees, therefore, report their subcommittees' titles, member names, member affiliations, costs, and meeting dates—often in accordance with requirements set by the committee charter. In cases where a FACA committee does not report subcommittee information, all committee and subcommittee costs are required to be aggregated and reported as total costs. In these cases, users of the data would not necessarily be able to determine whether subcommittees exist. Additional data concerns and limitations are discussed later in this report.

In addition to the aggregated, longitudinal data described above, this report provides detailed analysis of data from FY2014, the data most recently verified by the agencies and departments sponsoring the advisory committees and reviewed by GSA.

Data Examination and Analysis

Limits on the Possible Number of FACA Committees

Pursuant to GSA's interpretation of Executive Order 12838 and Office of Management and Budget (OMB) Circular A-135, the total number of advisory committees established by the executive branch, as opposed to those required by statute, may not exceed 534. According to GSA, every executive branch agency has a "ceiling" on the number of advisory committees it may create, "and the Committee Management Secretariat [within GSA] can adjust individual agency ceilings in consultation with the agency, as long as the overall [g]overnmentwide cap [of 534 total committees] is not exceeded."⁹ GSA requires agencies to provide a "determination of need" if they ask for a modification of their FACA committee ceiling or if they request new discretionary FACA committees—even if they are within their available ceiling.¹⁰ While agencies are capped on the number of advisory committees they can create, Congress and the President have no limitations on the number of advisory committees they may establish. The potential number of total advisory committees, therefore, cannot be determined.

Figure 1 shows the total number of active FACA committees from FY2004 through FY2014. Included in this figure is a breakdown of the authorities used to create the FACA committees.

Figure 1. Number of Active FACA Committees, FY2004 to FY2014

Source: CRS analysis of data from the FACA Database, at http://fido.gov/facadatabase/default.asp and http://facadatabase.gov/. Note: FACA committees may be established by Congress, the President, or an agency head. Moreover, Congress has authority to explicitly require the establishment of a FACA committee or to statutorily authorize an agency (meaning it is at the discretion of an agency) to create a specific FACA committee.

As Figure 1 shows, FY2009 had the fewest committees report as active with 907, and FY2011 had the greatest number of committees reported as active with 1,029.¹¹ In FY2014, 989 committees reported as active.

Committees required by statute have increased from 459 in FY2004 to 515 in FY2014.¹² The number of committees created in other ways has either remained relatively consistent or decreased slightly.¹³ Figure 2 shows the number of new committees created during each fiscal year. From FY2010 to FY2014, the establishment of new committees declined 84.0% (from 147 in FY2010 to 23 in FY2014). According to the FACA Database, in FY2010, 147 new committees were established, more than double the FY2011 total of 70.¹⁴ For FY2010, Congress statutorily required the creation of 107 of the 147 new committees established (72.8%). Eighty-three of the 107 statutory committees were resource advisory committees located within the U.S. Department of Agriculture, established pursuant to the Emergency Economic Stabilization Act of 2008.¹⁵ In contrast to FY2010, in FY2011 Congress statutorily required the establishment 26 of 70 new committees (37.1%) established in that year. In FY2012, the number of new FACA committees established continued to decline, with 25 new committees. Five of these committees were statutorily required (20.0%).¹⁶ The number of new committees decreased to 23 (a 54% decrease) in FY2014—10 (44%) of which were created by statute.¹⁷ The 10 new committees established by statute in FY2014 marked a 90.7% decrease in the statutory establishment of committees from FY2010. New committees established by agency heads or by presidential directive and agency established committees also saw declines since FY2010 (75.0% and 54.6%, respectively).

Figure 2. Number of New Active FACA Committees, FY2004 to FY2014

Source: CRS analysis of data from the FACA Database, at http://fido.gov/facadatabase/default.asp and http://facadatabase.gov/.

Figure 3 shows the 10 executive branch departments or agencies that reported the largest number of FACA committees in FY2014.¹⁸ The data show that the Department of Health and Human Services reported the greatest number of FACA committees with 264 (26.7% of total active FACA committees). HHS consistently operates the largest number of FACA committees in the executive branch.

Figure 3. Executive Branch Departments and Agencies with the Greatest Number of Federal Advisory Committees

Source: FACA Database, at http://facadatabase.gov.

FACA Committee Functions

GSA requires FACA committees to report their primary function, using one of seven categorical options. These are

• non-scientific program advisory board;
• scientific technical program advisory board;
• national policy issue advisory board;
• grant review committee;
• special emphasis panel; ¹⁹
• regulatory negotiations committee; or
• other committee.²⁰

As shown in Table 1, of the 989 advisory committees active in FY2014, 253 (25.6%) reported acting as non-scientific program advisory boards, 197 (19.9%) reported acting as scientific technical program advisory boards, 126 (12.7%) reported acting as national policy issue advisory boards, 89 (9.0%) reported acting as grant review committees, 26 (2.6%) reported acting as special emphasis panels, 2 (0.2%) reported acting as regulatory negotiations advisory committees, and 296 (29.9%) reported acting as "other" committees.

FACA Committee Members

Total Number of Members

Roughly 70,000 FACA committee and subcommittee members serve in any fiscal year.²¹ Figure 4 shows the number of members who served on FACA committees from FY2004 through FY2014. This number represents members who were reported as serving on committees and not the potential number of members who could serve if all committees had all available membership positions filled.²² GSA requires all FACA committees to enter the maximum number of members specified by their "charter or authorizing legislation."²³ If neither document includes a maximum number of committee members, GSA instructs FACA committees to report their membership count as "unlimited."²⁴ In FY2009, FACA committees had 81,947 members, the largest number to date. In FY2014, 68,179 members served on advisory committees.²⁵

As shown in Figure 4, the number of FACA committee members remained around 70,000 per year from FY2004 through FY2014, the only exception being FY2009, when membership rose by 28.4% (an increase of 18,113 members). According to GSA, the growth in FACA committee membership in FY2009 was prompted largely by an increase in membership on committees that made recommendations about where and how to distribute appropriations provided by the American Recovery and Reinvestment Act of 2009 (P.L. 111-5).²⁶ Examination of those data reveals that a majority of the FY2009 increase in FACA committee membership was prompted by a sharp increase in the number of peer review consultants—which only serve the National Institutes of Health. The number of members of other designations has stayed relatively stable over time. Since FY2009, FACA member levels have declined 16.8% (13,768 members), led by the decline in peer review consultants.

Figure 4. Number of Total and HHS FACA Committee Members, FY2004 to FY2014

Source: CRS analysis of data from the FACA Database, at http://fido.gov/facadatabase/default.asp and http://facadatabase.gov/.

Figure 5 shows the total number of members separated into the five distinct member designations—each designation with its own requirements, expectations, and standards.

Figure 5. Number of FACA Committee Members by Member Designation, FY2005–FY2014

Source: CRS analysis of data from the FACA Database, at http://fido.gov/facadatabase/default.asp and http://facadatabase.gov/. Notes: GSA did not require committees to report member designation information until FY2005.

In FY2014, 185 (19.2%) FACA committees reported an unlimited number of members.²⁷ Moreover, in FY2014, 61 (6.3%) FACA committees reported that their membership was required to fall within a certain range. Of the 695 (72.2%) committees that reported a specific membership cap in FY2014, the Environmental Management Site-Specific Advisory Board within the Department of Energy reported the largest committee membership limit with 200 members.

Ethical Requirements Placed on Members

FACA committee members are selected to serve for a variety of reasons, usually determined by an individual's expertise or experience in a particular policy or research arena. Because of these unique perspectives and backgrounds, not all FACA committee members must adhere to ethics and financial disclosure requirements that are placed on federal government employees. In some cases, for example, it may be in the government's interest to appoint to a committee a representative of private, commercial company to ensure that the interests of an industry are taken into account when deliberating policies that will affect them. Table 2 includes the member designation for each category of FACA member, which, in turn, determines what ethical and financial disclosure requirements must be followed.

Peer Review Consultants

Pursuant to 42 C.F.R. §52h.2, peer review consultants are expected to identify "real or apparent conflicts of interest" that could bias their evaluations of grant applications or other proposals. The FACA Database defines peer review consultant as

[a]n individual, primarily nongovernment expert, qualified by training and experience in particular scientific or technical fields, or qualified as an authority knowledgeable in the various disciplines and fields related to the scientific areas under review. For purposes of the FACA Database, this category applies only to an individual serving on a particular Department of Health and Human Services, National Institutes of Health peer review Federal advisory committee, who provides expert advice on the scientific and technical merit of grant applications or contract proposals, or the concept of contract proposals.²⁸

In FY2014, approximately half (50.1%) of all FACA committee members served as peer review consultants.

A peer review consultant is required to "recuse him/herself from the review" of a proposal or grant application if there is a conflict of interest.²⁹ Some potential conflicts of interest are provided in the Code of Federal Regulations, and include certain cases in which the grant reviewer is a salaried employee of the applicant or the reviewer is a relative or close relation of the applicant. In each instance of a potential conflict of interest, the Director of NIH has the authority to waive the recusal requirements if he or she "determines that there are no other practical means for securing appropriate expert advice."³⁰

Special Government Employees

Pursuant to 18 U.S.C. §202(a), a Special Government Employee (SGE) is "an officer or employee of the executive or legislative branch of the United States Government, or any independent agency of the United States or of the District of Columbia, who is retained, designated, appointed, or employed to perform, with or without compensation, for not to exceed one hundred and thirty days during any period of three hundred and sixty-five consecutive days [.]"³¹ SGEs are subject to some ethics and financial disclosure regulations.³² In FY2014, 32.2% of FACA members were reported to serve as special government employees (SGEs).

Representatives

The FACA Database defines a representative as

[a]n individual who is not a [f]ederal employee (or a [f]ederal employee who is attending in a personal capacity), who is selected for membership on a [f]ederal advisory committee for the purpose of obtaining the point of view or perspective of an outside interest group or stakeholder interest. While representative members may have expertise in a specific area, discipline, or subject matter, they are not selected solely on the basis of this expertise, but rather are selected to represent the point of view of a group or particular interest.... A representative member may represent groups or organizations, such as industry, labor, consumers, or any other recognizable group of persons having an interest in matters before the committee, including on occasion the public at large.³³

In FY2014, 14.3%, or 9,770 committee members were representatives. Financial disclosure is not required for representatives because these members serve for the purpose of representing an interest.

Regular Government Employees

The FACA Database defines regular government employees as

[g]enerally, an individual employed within the meaning of 5 U.S.C. [§]2105, or a [f]ederal officer as defined in 5 U.S.C. [§]2104. For purposes of the FACA Database only, this category also includes a [f]ederal officer holding a position in the uniformed services.

A small number of FACA committee members (1,528 members, or 2.2%) were regular government employees, who are subject to federal ethics requirements.

Ex-Officio

The FACA Database defines ex officio as

[a]n individual who serves on a [f]ederal advisory committee strictly by virtue of holding a particular governmental or organizational office, title, or other specified position. For example, if the committee's authority or charter states that a [f]ederal officer by position, or the Governor of a particular State, or the leader of a particular tribe, or the head of a particular trade association or other organization will serve as a member of the committee, that individual would be characterized as an Ex Officio member for purposes of the FACA Database.³⁴

The ethical requirements of ex officio members are not specified in the database. Many ex officio members are regular government employees. Others are private sector individuals. The ethical requirements for these individuals would be determined by the agency on a case by case basis.

Ex-officio members were the smallest reported designation of FACA members in FY2014 (732 members, or 1.1%).³⁵ Some ex officio members are not allocated a vote and participate only in the deliberations of the advisory committee.

FACA Meetings

Total Number of Meetings

According to the FACA Database, in FY2014, 825 federal advisory committees held 7,173 meetings. The remaining 164 active committees held no meetings in FY2014.³⁶ The Center for Scientific Review Special Emphasis Panel held the most meetings in FY2014, with 963.

As shown in Figure 6, since FY2004, the number of meetings held per year by federal advisory committees has increased 6.5% from 6,737 in FY2004 to 7,173 in FY2014. ³⁷ FY2011 had the greatest number of meetings, with 7,622.The increase in FY2011 appears to be the result of a 35.6% increase, from FY2010, in the number of meetings held by committees with a function of "Other." It is unclear what might cause the increase in meetings in that category.

Figure 6. Meetings Held by FACA Committees, FY2004-FY2014

Source: CRS analysis of data from the FACA Database, at http://facadatabase.gov/.

Open vs. Closed Meetings

Figure 7 shows the trends in the number of federal advisory committee meetings that are open, closed, or partially closed. ³⁸ As shown, from FY2004 to FY2014, the number of closed meetings grew. In FY2010, the number of closed meetings started to decline. The number of closed meetings decreased by 286 from 4,927 in FY2010 (67.5% of total meetings held in FY2010) to 4,641 in FY2012 (66.3% of total meetings held in FY2012). The number of closed meetings has increased by 9.9% (461 meetings) since FY2012. FY2014 reported the highest percentage of closed meetings (71.1%) during the time period of examination. The number of open meetings increased from 1,923 in FY2010 (26.4% of total meetings held in FY2010) to 2,338 in FY2011 (30.7% of total meetings held in FY2011). After the increase in FY2011, the number of open meetings has steadily declined from 1,933 in FY2012 (27.6% of total meetings held in FY2012) to 1,647 in FY2014 (23.0% of total meetings held in FY2014).³⁹ In FY2014, committees appeared to report the highest number of closed meetings, while committees in FY2013 reported the lowest number of open meetings.

Figure 7. Meetings Held by FACA Committees by Meeting Type, FY2004-FY2014

Source: FACA Database, at http://facadatabase.gov/.

The majority of grant review committee meetings (97.6%) and special emphasis panel meetings (99.7%) in FY2014 were closed to the public. When grant review and special emphasis panel committees are removed from the analysis, only 12.1% of the remaining 2,308 FACA committee meetings were closed. These data demonstrate that grant review committees and special emphasis panels hold the majority of FACA closed committee meetings as well as the total number of meetings.

Table 3 examines the proportion of total meetings in FY2014 according to their committee functions. Grant review committees, which account for 10.5% of total committees, and special emphasis panels, which account for 3.2% of total committees, hold the majority of the meetings—39.9% and 28.4%, respectively.⁴⁰

Meeting Attendance Type

Since 2010, GSA has required committees to report "attendance type"—which indicates whether the meeting was held in person, via teleconference or otherwise. In FY2014, of the 7,071 meetings for which the attendance type was clearly reported, 1,581 (22.4%) were held in person, 4,189 (59.2%) were a mix of in person and virtual meetings, 1,284 (18.2%) were virtual meetings, and 17 (0.2%) chose not to report the attendance type. ⁴¹ The percentage of meetings held via teleconference increased 18.1% from FY2012. Since FY2012, the percentage of meetings held via videoconference increased by 496.8%. Meetings by webcast saw the biggest increase since FY2012 (600%).⁴²

Table 4 displays the number of meetings for each attendance type, by committee function. The majority of committee meetings were mixed (a combination of in person and virtual meetings). Grant review committees and special emphasis committees held the highest proportion of their meetings using a combination of in person and virtual (53.0% and 96.1%, respectively).

Table 5 displays the number of meetings for mixed attendance type, by committee function. The majority (79.7%) of mixed committee meetings were held using any combination of the virtual categories.⁴³ Grant review and special emphasis held the highest percentage of their meetings in this category (81% and 100% respectively). Any combination was followed by teleconference which held 692 mixed meetings (16.5%).

Table 6 displays the number of meetings for each virtual attendance type, by committee function. A plurality (43.7%) of virtual committee meetings was held by teleconference. Non-Scientific, Scientific, National Policy, Special Emphasis and Other committees held the highest percentage of their meetings by teleconference (89.8%, 55.1%, 78.2%, 59.1%, and 81.0% respectively). The volume of teleconferences was followed by videoconferences of which there were 376 virtual meetings (29.3%).

FACA Costs

Total Meeting Costs

Figure 8 shows the FY2004-FY2014 total annual operating costs for federal advisory committees in constant 2014 dollars.⁴⁴ Overall, total operating costs have fallen from $379,577,175 in FY2004 to $334,538,221 in FY2014 (an 11.9% decrease). Total operating costs includes six categories:

• salaries for federal staff who support committee operations;
• salaries for nonfederal employee members;
• salaries for nonmember consultants;
• salaries for regular government employees;
• travel and per diem costs; and
• "other" costs.⁴⁵

Figure 8 also shows these disaggregated, component costs.⁴⁶

According to the data, total operating costs peaked in FY2006 at $437,190,386, accompanying a sharp rise in costs for nonfederal members (34.1% increase from FY2005), travel and per diem costs (17.6% increase from FY2005), and "other" costs (24.5% increase from FY2005). In the past year, total annual operating costs decreased 2.6% from $343,062,584 in FY2013 to $334,538,221 in FY2014. This decrease in costs from FY2013 to FY2014 can be attributed to decreased costs in nonfederal members, nonmember consultants, travel and per diem, and other costs.

Figure 8. Costs of FACA Committees, FY2004 - FY2014

Source: FACA Database, at http://facadatabase.gov/. Notes: Costs adjusted for inflation are calculated using Bureau of Labor Statistics Consumer Price Index (CPI) annual averages. To calculate the inflation adjustment values, CRS divided the 2014 CPI by the appropriate year's CPI rate (for example, the CPI rate for 2007 when calculating the constant dollar costs for 2007). CRS then multiplied that dividend by the current dollar amount spent on FACA committees as provided by the FACA Database.

Salary Costs

Figure 9 shows salary costs for federal staff who support FACA operations, nonfederal members who serve on FACA committees, nonmember consultants who support FACA operations, and regular government employee members who serve on FACA committees. As illustrated in Figure 9, since FY2004, federal staff has constituted the largest proportion of salary costs, accounting for 82.1% of FACA salary costs in FY2014. Additionally, costs for federal staff have gradually increased over the past decade from $164,355,666 in FY2004 to $192,458,943 in FY2014.⁴⁷ From FY2013 to FY2014, federal staff costs increased (4.1%) from $184,831,904 to $192,458,943. In contrast, salary costs for members and consultants have remained relatively stable. Salary costs for nonfederal employees have seen a steady decrease over the last four years. Costs have decreased by 32.2% from $48,939,658 in FY2013 to $33,186,732 in FY2014.

Figure 9. Salary Costs for FACA Committees, FY2004–FY2014

Source: FACA Database, at http://facadatabase.gov/. Notes: Costs adjusted for inflation are calculated using Bureau of Labor Statistics Consumer Price Index (CPI) annual averages. To calculate the inflation adjustment values, CRS divided the 2014 CPI by the appropriate year's CPI rate (for example, the CPI rate for 2007 when calculating the constant dollar costs for 2007). CRS then multiplied that dividend by the current dollar amount spent on FACA committees as provided by the FACA Database.

Table 7 uses FY2014 data to illustrate the breakdown of costs among personnel, members, and consultants. As shown in Table 7, 92.6% of committees that reported costs included salaries for federal staff members to support their operations.

Travel, Per Diem, and "Other" Costs

In addition to salary costs, FACA committees are required to report "travel and per diem" costs and "other" costs. According to GSA, the "travel and per diem" category "should include all travel and per diem costs incurred by committee activity and authorized by 5 U.S.C. §5703 and paid to" federal employees, federal members, nonfederal members, and consultants. "Other" costs include costs for use of meeting rooms, costs for creating and making available transcripts, and costs associated with the design and maintenance of a committee website. ⁴⁸

Figure 10 shows "travel and per diem," and "other" costs for FACA committees from FY2004 through FY2014 in constant 2014 dollars.⁴⁹ As shown in the figure, since FY2001, these two categories of costs ebbed and flowed comparably to one another, peaking in FY2006 at $87,046,956 for "travel and per diem" costs and at $92,538,449 for "other" costs. The period between FY2006 and FY2008 saw a decline in both "travel and per diem" and "other" costs—decreasing to $63,210,863 and $70,342,001, respectively, in FY2008. These categories of costs began to rise again from FY2008 to FY2010—increasing to $76,385,289 for "travel and per diem" and $77,811,673 for "other" costs in FY2010. Since FY2010, "travel and per diem" and "other" costs have steadily decreased to $49,821,291 for "travel and per diem" costs and to $50,146,214 for "other" costs in FY2014. Overall from FY2004 to FY2014, "travel and per diem" costs have decreased 19.7%, while "other" costs have decreased by 8.3%.

Figure 10. "Travel and Per Diem" and "Other" Costs for FACA Committees, FY2004–FY2014

Source: FACA Database, at http://facadatabase.gov/. Notes: Costs adjusted for inflation are calculated using Bureau of Labor Statistics Consumer Price Index (CPI) annual averages. To calculate the inflation adjustment values, CRS divided the 2014 CPI by the appropriate year's CPI rate (for example, the CPI rate for 2007 when calculating the constant dollar costs for 2007). CRS then multiplied that dividend by the current dollar amount spent on FACA committees as provided by the FACA Database.

Of the 916 FACA committees that reported costs in FY2014, 772 reported "other" costs. These 772 committees reported a total of $50,146,214 in such costs, averaging $64,956 per committee. The median for "other" costs per committee was $6,889. On average, "other" costs account for 13.9% of total committee costs; however, as a percentage of total costs, "other" costs range from 95.2% to less than 0.08%. The median percentage of total costs accounted for by "other" costs was 7.4%. "Travel and per diem" costs are examined more closely in Table 8.

Table 8 disaggregates reported FACA committee "travel and per diem" cost data. The data demonstrate that of the 916 committees that reported costs in FY2014, 640 (69.9%) committees reported travel and per diem costs for nonfederal members. In comparison, 126 (13.8%) committees reported travel and per diem costs for regular government employee members. Travel and per diem costs for nonfederal members was $42,589,692, or 85.5% of all travel and per diem costs in FY2014. The difference between the average and median reported costs demonstrates that the travel and per diem costs varied widely among advisory committees.

Costs by Committee Function

Table 9 more closely examines the costs of advisory committees, disaggregating cost data by committee function.⁵⁰ Columns C, D, E, and F of the table examine costs per committee.⁵¹ As displayed in Table 9, in FY2014, special emphasis panels reported the highest average cost per committee ($2,540,154). The average cost, however, might not provide the best analysis of FACA committees' costs. Special emphasis panels had the widest range of costs ($47,023 to $22,245,722) and the highest single committee cost ($22,245,722).⁵² Providing the average, therefore, does not demonstrate the variance of special emphasis panel costs. Further, averages do not reflect number of meetings, number of members, and types of operations that drive committee costs. A more accurate measure of costs for special emphasis panels might be the median cost of $1.2 million. Five of the 26 advisory committees reporting as special emphasis panels reported costs within $200,000 of that median value.

Columns G, H, I, J, K, and L in Table 9 examine the total, average, and median number of members per type of committee and the total, average, and median number of committee meetings held by each type of committee.⁵³ As mentioned previously, the FACA Database reports costs on the committee level. Consequently, member and meeting-specific cost data are not available. The number of members and the number of meetings likely have a strong link to costs a committee incurs. Congress, therefore, may choose to consider these factors when assessing advisory committee costs. For instance, special emphasis panels rank highest in terms of average cost per committee ($2,540,154) and in terms of median cost per committee ($1,197,590). Special emphasis panels also have the highest average and median number of members per committee (877 members and 321 members, respectively) as well as the highest average and median number of meetings per committee (78 meetings and 27 meetings, respectively). It could be reasonably expected, therefore, that each special emphasis panel would cost more to administer than other types of committees.⁵⁴ Grant review advisory committee costs appear to be similar to special emphasis panel costs, demonstrating more members and more meetings per committee—leading to higher overall costs.

Potential Policy Options

Federal advisory committees can be effective tools for gathering expertise from a variety of federal and nonfederal experts. The data discussed and analyzed throughout this report show that advisory committees have certain commonalities, but each committee has a unique structure, operation, and mission. Despite these differences, FACA provides a common framework through which these committees communicate with the public and ultimately offer policy recommendations to federal officials. Congress could decide to amend FACA in ways that might affect costs or operations associated with FACA administration. This section discusses some potential policy options for Congress.

Clarifying Data Reporting Requirements

Consistency in Subcommittees

As discussed earlier in this report, GSA requires committees to report certain data elements (i.e., the number of members serving on the committee or the total costs incurred by the committee). GSA asks for, but does not require, other data elements—such as subcommittee titles, membership, and costs. Within the FACA Database, therefore, some advisory committees offer detailed information about their subcommittees while others do not. Congress could consider whether the public should have access to data that identify the membership and costs of advisory body subcommittees. Such information could make the operations of FACA committees more transparent. Such reporting requirements, however, might increase the amount of time committees spend reporting such information. Requiring subcommittees to report costs and member data could also cause some confusion over costs because it may be unclear whether data that are reported by the full committee represent both the full committee and its subcommittees or only the full committee. GSA would need to provide clear guidelines on how committees are to report data for full committees and subcommittees as well as make clear to those who use the dataset how the data were collected and are reported.

Consistency in Member Information

Member names and affiliations are available in the FACA Database. Database users are able to enter a member's first or last name into the database search engine and will be brought to a spreadsheet that includes every name that matches their request.⁵⁵ Despite the usefulness of this feature, concerns exist over the consistency of member name inputs. For example, certain members may serve on multiple committees. According to the FACA Database, Health and Human Services Secretary Sylvia Burwell served on the greatest number of committees in FY2014 (29).⁵⁶ Although Burwell's name was easy to identify as a unique member, the name "John Williams" is not. In FY2014, "John Williams" appears on the membership rosters of 11 committees. It is unclear whether this is the same "John Williams" in each case or if there is more than one "John Williams" serving as a member of an advisory committee. In another example, a single member could be input in the database under multiple variations or misspellings of their name and title. In that case, database users may not be able to determine that it was the same person serving on all of those committees.⁵⁷ The FACA Database, therefore, may not be optimally helpful in allowing the public to determine who from the private sector or from other levels of government is given multiple opportunities to advise policymakers.

Congress may have an interest in requiring GSA to clarify requirements for inputting FACA member names and affiliations. Legislation introduced in the 113^th Congress (H.R. 3316, the Grant Reform and New Transparency Act of 2013 (GRANT Act)) would have, among other things, required committee members be assigned "unique identifiers."⁵⁸ As of this writing, similar legislation has not been introduced in the 114^th Congress. Creating a unique identifier could demonstrate a person's service and influence over time without identity confusion. The unique identifier could be used in lieu of a name or other personal detail. In that way, a unique identifier may provide anonymity for peer reviewers who need their identities to be kept secret for fear they may be subject to criticism by peers who disagree with their recommendations. Congress may, however, decide that making such a change to data entry practices could add time and costs to operating and maintaining the FACA Database.

In addition, the public identification of each member on grant-making committees could make it difficult to attract qualified and appropriate members to the committee. Some academic communities are small enough so most practitioners know one another's work. If a grant applicant was provided access to a meeting in which he learned a colleague voted against his or her grant application, that scholar may seek to harm the future work or reputation of the advisory board member. Some level of anonymity for grant reviewers, therefore, may be warranted. Congress, however, may decide that the identity of anyone who serves on a federal advisory committee should be public at all times.

Changing Member Pay

In FY2014, FACA committees reported that the federal government paid nonfederal members of federal advisory committees $33.2 million. In addition to pay, nonfederal members are eligible to receive travel and per diem costs. In FY2014, FACA committees reported that nonfederal members received $42.6 million in travel and per diem costs.

In some cases, these members may be appointed to the committee specifically to serve as representatives of a private industry;⁵⁹ state, local, or tribal government; or a nonprofit organization.⁶⁰ In these cases, the federal government may be paying employees of private sector organizations or other levels of government to serve on a federal advisory committee as advocates for nonfederal entities.⁶¹ According to CRS analysis, in FY2014, 12 FACA committees reported providing compensation—in addition to travel and per diem—to a total of 726 members who were designated as representatives.⁶² The data show that most representatives who received compensation in addition to travel costs and per diem were affiliated with universities or research institutions. It is unclear why these members were designated as representatives.⁶³ Regardless, this designation allows the members to provide advice to the federal government without complying with many ethics requirements placed on other federal employees. These members, therefore, do not have to recuse themselves from any recommendation—regardless of whether they may benefit from it financially or otherwise.

Congress may choose to consider whether FACA committee members appointed to serve as representatives should receive federal compensation for their service. Moreover, Congress may choose to consider amending FACA to clarify whether the federal government should pay any nonfederal member of an advisory body—regardless of member designation. Most members receive pay to cover their travel costs as well as a payment for per diem expenses. Congress may decide it is unnecessary to provide compensation to members in addition to travel and per diem. Such an amendment to FACA would have reduced FACA implementation costs in FY2014 by nearly $33.2 million. On the other hand, Congress may conclude that paying members of federal advisory bodies will attract a more qualified membership. Certain representatives or scholars from outside of the federal government may choose not to participate on a federal advisory committee unless they believe they are receiving fair compensation for their time and expertise.

Separating Grant Review Committees and Special Emphasis Panels

The analysis of FACA data suggests several categories in which grant review committees and special emphasis panels appear to operate differently than FACA committees with other functions. The most notable example of these differences is the percentage of closed meetings grant review committees and special emphasis panels hold. More than 98% of grant review committee meetings and 100% of special emphasis panel meetings are closed to the public. As noted earlier, if grant review committees and special emphasis panels are removed from the analysis of open and closed meetings in FY2014, 70.7% of FACA committee meetings would be open, as opposed to 22.9% when they are included. 12.1% of committees would be closed, as opposed to 71.2% when grant review and special emphasis committees are included.

Grant review committee and special emphasis panel meetings are likely closed to the public for a variety of reasons. For example, a subject matter expert may join a FACA committee to provide his or her honest expert advice on which academic studies are the most qualified to receive a federal grant. The expert may not be able to provide an opinion in a public forum without fear of retaliation. Additionally, meetings may be closed to protect proprietary information that a grant applicant may supply in his or her grant proposal. FACA was enacted to make federal advisory committee meetings more transparent and accessible to the public. It may be argued, therefore, that including committees whose primary function requires closed meetings under FACA may not appropriately fit FACA's aims.

Grant review committees and special emphasis panels also have, on average, more meetings and more members than federal advisory committees with other functions.⁶⁴ This characteristic arguably demonstrates further that the operations and use of grant-review committees and special emphasis panels appear substantively different from those of other federal advisory committees.

Congress might consider removal of grant review committees and special emphasis panels from the jurisdiction of FACA. Removing those committee functions from the FACA Database would more appropriately demonstrate FACA's efforts to make federal meetings more transparent and accessible. Removing grant review committees from the FACA dataset could, however, make oversight of advisory committees more difficult for Congress and the public because the information on such committees would no longer be available in a single, centralized database. Congress could also consider removal of grant review committees and special emphasis panels from the jurisdiction of FACA while requiring those committees to continue to report certain data elements to GSA.

Pending Legislation

Legislation pending in the 114^th Congress (H.R. 2347, the Federal Advisory Committee Act Amendments of 2015), as reported in the House, would amend the Federal Advisory Committee Act in several ways. Among the amendments would be a requirement to clearly designate each nonfederal member of an advisory committee as either a representative or a special government employee. H.R. 2347 would also require agencies to provide "interested persons an opportunity to suggest potential committee members." Currently, agencies not required to solicit public input on their advisory committee membership, provided their selections adhere to federal law.⁶⁵ Furthermore, H.R. 2347 would require agencies to designate Advisory Committee Management Officers to supervise advisory committees and ensure that information pertaining to advisory committees and their activities is made available on the agency's website. Furthermore, H.R. 2347 would require the Government Accountability Office to conduct reviews of agency compliance with FACA. Legislation similar to H.R. 2347 was introduced in the following previous Congresses:

• 113^th Congress (H.R. 1104);
• 112^th Congress (H.R. 3124 and H.R. 1144);
• 111^th Congress (H.R. 1320);
• 110^th Congress (H.R. 5687).

Raw Data Used to Create Figures

CRS used data from the FACA Database to create the figures provided in this report. This Appendix provides the raw data used in the CRS analysis.

Administratively Inactive Committees

Committee Membership and Meetings

Author Contact Information

Acknowledgments

[author name scrubbed], formerly an Analyst in American National Government, contributed to this report.

Bisola Momoh, Visual Information Specialist, created the figures for this report.

Footnotes

1.	FACA does not define agency head.
2.	See, for example, U.S. Congress, Senate Committee on Government Operations, The Federal Advisory Committee Act, 92nd Cong., 2nd sess., September 7, 1972, S.Rept. 92-1098 (Washington: GPO, 1972), pp. 5-6.
3.	5 U.S.C. (FACA) Appendix, §5(b) (2); P.L. 92-463; 86 Stat. 770, October 6, 1972.
4.	The process and requirements to hold a closed meeting will be discussed later in this report.
5.	FACA Database is online at http://facadatabase.gov/.
6.	In some cases, the data totals calculated using the downloaded dataset are different from those published in the FACA Database's online totals. According to GSA, these differences may be caused by human errors and database limitations when inputting or eliminating certain data elements from the FACA Database. The differences do not affect data trends. Information provided to the author from GSA via e-mail on June 19, 2012.
7.	U.S. General Services Administration, "FACA Shared Management System," at http://www.gsa.gov/portal/content/101348.
8.	GSA officials stated that "Every data field in the FACA database has a detailed description of the data requested/required, with the intent to minimize the need for agency interpretation." Information provided to the author via email on September 18, 2015.
9.	Information provided to the authors by GSA via email on September 18, 2015.
10.	41 C.F.R. §102-3.30. A "determination of need" may include information on whether the committee's deliberations will culminate in establishing or amending regulations, policies, or guidelines of the agency; will result in service improvement or cost reductions; or will offer a new viewpoint or perspective to the agency. See also Executive Order 12838, "Termination and Limitation of Federal Advisory Committees," 58 Federal Register 8207, February 10, 1993, at http://www.archives.gov/federal-register/executive-orders/pdf/12838.pdf; and Office of Management and Budget, Memorandum to the Heads of Executive Departments and Establishments: Management of Federal Advisory Committees, Washington, DC, October 5, 1994, at http://www.whitehouse.gov/omb/circulars_a135/.
11.	Certain committees may self-report as "administratively inactive." The FACA Database does not define "administratively inactive." According to the General Services Administration (GSA), however, an agency is to report as administratively inactive if it meets four criteria: (1) it was created by statute; (2) has no sunset date; (3) reports no costs; and (4) reports no activity. In some cases a committee will become administratively inactive during a fiscal year. In the database, these committees are reported as administratively inactive, but they also may have reported members, meetings, and costs prior to becoming administratively inactive in a fiscal year. This information was provided by e-mail from GSA to the author on August 3, 2011. Pursuant to FACA's requirements, administratively inactive committees continue to be included in the FACA database. For data analyses in this report, CRS, in certain cases, included administratively inactive committees. It is noted whether, and how many, inactive committees are included in each part of the analysis—as well as why the inactive committees were included. A list of all agencies that have administratively inactive committees is included in Appendix B. In FY2014, 61 committees reported as administratively inactive. All were created by statute and likely did not have sunset provisions in their authorizing legislation.
12.	Of the 576 total committees (active and inactive) required by statute in FY2014, 515 were active while 61 were reported as administratively inactive.
13.	FACA committees may be established by Congress, the President, or an agency head. Moreover, Congress has authority to explicitly require the establishment of a FACA committee or to statutorily authorize an agency (meaning it is at the discretion of an agency) to create a specific FACA committee.
14.	A new committee is one established during the fiscal year under examination. A fiscal year is defined as the period of October 1 of the previous year to September 30 of the current year. For example, the 70 new FACA committees created in FY2011 were established on a date between October 1, 2010 and September 30, 2011.
15.	P.L. 110-343.
16.	Of the remaining 20 FACA committees created in FY2012, 19 (76.0%) were created by agency authority and 1 (4.0%) was authorized—but not required—by law.
17.	Of the remaining 23 FACA committees created in FY2014, 10 (76.9%) were created by agency authority and 3 (23.0%) were created through presidential directive. No new committees were created by statute.
18.	This part of the analysis includes "administratively inactive" committees. In FY2014, the FACA Database included 1,050 total committees (both active and administratively inactive).
19.	According to the FACA Database, "[a] Special Emphasis Panel generally has a purpose similar to a Grant Review Committee and is not just an advisory committee dealing with a single topic of great concern. This term has limited usage and most SEPs are located in NIH." See FACA Database, at http://facadatabase.gov/help.aspx.
20.	Instructions within the FACA Database require any federal advisory committee that performs more than one advisory function to input their primary function as "other." Committees may then provide qualitative detail on their primary function or functions in the "Remarks" section of the FACA Database. See FACA Database, at http://facadatabase.gov/.
21.	Some people serve on more than one FACA committee. The dataset, however, counts each member slot as a unique member. The total number of FACA committee members, therefore, might be greater than the actual number of people who serve on FACA committees each year.
22.	There is currently no system that identifies whether a particular individual sits on more than one committee. Members who sit on multiple committees are counted for each committee on which they sit. Therefore, the number of committee members counted using the FACA Database may total more than the number of people who serve as members on FACA committees.
23.	Data from the FACA Database, at http://facadatabase.gov/.
24.	Ibid.
25.	In FY2014, 958 committees reported their committee membership. Of those 958 committees, seven were reported as "administratively inactive," indicating that their operations most likely ended within the fiscal year.
26.	Information provided to the author from GSA on June 21, 2011, at a meeting in GSA's Washington, DC office.
27.	CRS analysis of maximum committee membership in FY2014 examined the 942 chartered committees that reported committee membership as "unlimited," a specific membership cap, a range of potential members, or a minimum number of members. The 18 committees that reported an approximate committee membership limit were removed from the dataset.
28.	See FACA Database, at http://facadatabase.gov/rpt/help.asp.
29.	42 C.F.R. §52h.5.
30.	Ibid.
31.	Ibid.
32.	For more information on the ethical requirements placed on SGEs, see, U.S. Office of Government Ethics, "DO-00-003: Summary of Ethical Requirements Applicable to Special Government Employees," at http://www.oge.gov/OGE-Advisories/Legal-Advisories/DO-00-003—Summary-of-Ethical-Requirements-Applicable-to-Special-Government-Employees/. For a general discussion of SGE ethical requirements, see, U.S. Office of Government Ethics, "Special Government Employees," at http://www.oge.gov/Topics/Selected-Employee-Categories/Special-Government-Employees/.
33.	Ibid.
34.	See FACA Database, at http://facadatabase.gov/rpt/help.asp.
35.	See FACA Database, at http://facadatabase.gov/.
36.	Active committees may not have held meetings during FY2014 for a variety of reasons. Some committees, for example, may meet once every 18 months, which would not require a meeting in FY2014. Five administratively inactive committees held a total of 7 meetings in FY2014 before they became administratively inactive.
37.	This assessment is based on the longitudinal data from FY2004-FY2014 available at http://facadatabase.gov.
38.	Committees have the authority to hold closed meetings. Pursuant to 41 C.F.R. §102-3.155, a committee's designated federal officer must obtain prior approval from either the agency head or GSA's Committee Management Secretariat to hold a closed meeting. A designated federal officer is a full or part-time federal employee who ensures that a federal advisory committee is complying with FACA's requirements. For more information see 41 C.F.R. §102-3.120. GSA does not provide a definition of partially closed.
39.	In FY2014 there were 171 meetings (2.4%) held for which it was not reported whether the meeting was open, closed, or partially closed. Although those meetings are not reported separately in Figure 6, they are included as part of the total number of meetings.
40.	One active committee, the Regional Energy Resource Council, whose function is unknown, held four meetings.
41.	GSA provides an opportunity for FACA committees to report "attendance type" and "virtual attendance type." Meetings were omitted from the dataset if the attendance type was not reported or if the reported "attendance type" was not consistent with the "virtual attendance type." For example, if a committee reported for "attendance type" that it held an "in person meeting (face-to-face) only" but reported for "virtual attendance type" that the meeting was held via teleconference, that meeting was excluded from the dataset (102 in person meetings fit this description). The 7,071 meetings included data from 800 committees. GSA does not provide definitions for the attendance type categories.
42.	The FACA Database does not contain information that explains these trends. Notably, because costs are reported on the committee level as opposed to the meeting level, it was not possible to ascertain difference in cost between types of meetings.
43.	It is not clear from the FACA database what the category "any combination" means. For example, it could mean that a meeting is a mix of in person, teleconference and webcast.
44.	Not all committees report incurring costs in the FACA Database. In FY2014, 916 committees reported costs. All costs for this section are reported in constant 2014 dollars. The values are therefore adjusted to reflect the rate of inflation when compared to the rate for 2014. Costs in current dollars can be found in Appendix A.
45.	These subcomponents of total cost are discussed in-depth in the following sections: "Salary Costs" and "Travel, Per Diem, and 'Other' Costs."
46.	Unless otherwise noted, all analyses use adjusted dollar values.
47.	Costs adjusted for inflation are calculated using Bureau of Labor Statistics Consumer Price Index (CPI) annual averages. To calculate the inflation adjustment values, CRS divided the 2014 CPI by the appropriate year's CPI rate.
48.	Information is from the FACA Database, at http://facadatabase.gov/.
49.	All costs for this section are reported in constant 2014 dollars. Costs in current dollars can be found in Appendix A.
50.	The 820 committees included in this table reported a value larger than zero for their costs, members, and meetings in FY2014.
51.	In the FACA Database, costs are reported at the committee or, in some cases, the subcommittee level. For example, the database does not provide the costs associated with a particular member or for a particular meeting.
52.	The committee with the highest reported costs in FY2014 was the Center for Scientific Review within the Department of Health and Human Services, which reported $22,245,722.
53.	For the range of membership and meetings held by each committee, see Appendix C.
54.	The data cannot account for certain start-up or overhead costs that might be spread across a large number of meetings and members in cases where a committee has more of both. A committee with fewer members and meetings may have to pay the same start-up and overhead costs as a committee with many meetings and members.
55.	For a variety of reasons, including concerns over data reporting accuracy, CRS chose not to include analysis of FACA member identities.
56.	Burwell served as director of the Office of Management and Budget for most of FY2014. She assumed the office of Secretary of Health and Human Services in June of 2014.
57.	A member's affiliation is included as part of his or her identity. Some members, however, may serve on multiple committees and may serve using a variety of affiliations. In FY2010, for example, the FACA Database member information includes a Theresa Smith who is reported to serve as an SGE on the Defense Science Board within the Department of Defense. A Ms. Theresa B. Smith is reported as serving as an SGE on the U.S. Army Science Board. It is impossible to determine from the data whether these two data points represent the same person.
58.	H.R. 3433 (113th Congress) was placed on the Union Calendar on May 16, 2012. No further action was taken.
59.	Private industry includes a member who serves as a representative for a single business or corporation, or a member who represents an entire private sector. For example, according to the FACA Database, in FY2012, Mary Andringa, a member on the Export-Import Bank Advisory Committee, is listed as representing "manufacturing" and is listed as being affiliated with an individual private company, Vermeer Corporation. Also in FY2012, John Bakane, another member on the same committee is listed as representing "textiles" and his affiliation is also listed as with an individual private company, Frontier Spinning Mills, Inc.
60.	For example, in FY2012, according to the FACA Database, Susan Friedman served as a member of the Advisory Committee on Farm, Ranch, and Rural Communities and was affiliated with the "Environmental Defense Fund," which is a not-for-profit organization.
61.	In most cases, representatives are not provided compensation in lieu of or in addition to travel and per diem costs. In most cases in which a representative was provided compensation, Congress provided an agency the statutory authority do so. In a few cases, committees reported paying a representative who served on an advisory committee created by agency authority. Pursuant to Office of Government Ethics Memorandum 82 x 22, "[a] person who receives compensation from the Government for his services as an adviser or consultant is its employee and not a representative of an outside group. However, the Government's payment of travel expenses and a per diem allowance does not by itself make the recipient an employee." See J. Jackson Walter, director of the Office of Government Ethics, 82 x 22, Office of Government Ethics, Memorandum dated July 9, 1982 regarding Members of Federal Advisory Committees and the Conflict of Interest Statute, Washington, DC, July 9, 1982, p. 4, at http://www.usoge.gov/ethics_guidance/opinons/advop_files/1982/82x22.pdf.
62.	This number does not include representatives who were reported to receive only travel costs and a per diem or only compensation. CRS analysis of FACA Database data showed that in FY2012, 413 FACA committees reported paying members designated as representatives.
63.	A representative is "[a]n individual who is not a [f]ederal employee (or a Federal employee who is attending in a personal capacity), who is selected for membership on a [f]ederal advisory committee for the purpose of obtaining the point of view or perspective of an outside interest group or stakeholder interest. While representative members may have expertise in a specific area, discipline, or subject matter, they are not selected solely on the basis of this expertise, but rather are selected to represent the point of view of a group or particular interest.... A representative member may represent groups or organizations, such as industry, labor, consumers, or any other recognizable group of persons having an interest in matters before the committee, including on occasion the public at large." See FACA Database, at http://facadatabase.gov/rpt/help.asp.
64.	In FY2014, special emphasis panels had 78 meetings and 877 members on average. In FY2014, grant review committees had 33 meetings and 321 members on average. The other types of committees had three meetings and 21 committee members on average.
65.	In some cases, statutes may provide Congress or the President the authority to appoint an advisory committee member, which would prohibit the agency from selecting that member. Additionally, as noted earlier in this report, FACA requires committee membership be "fairly balanced in terms of the points of view represented."