The Federal Advisory Committee Act (FACA): Overview and Considerations for Congress

March 26, 2024 R47984

The Federal Advisory Committee Act (FACA):
March 26, 2024
Overview and Considerations for Congress
Meghan M. Stuessy
Federal advisory committees are created by Congress, Presidents, and executive branch agencies
Analyst in Government
to gain expertise and policy advice from individuals outside the federal government. While they
Organization and
may be called by other names—such as task forces, panels, commissions, working groups,
Management
boards, councils, or conferences—the practical purpose of federal advisory committees typically

remains the same: to facilitate an exchange of policy ideas among experts and affected parties
Kathleen E. Marchsteiner
and to provide recommendations to the federal government. Since 1972, many federal advisory
Senior Research Librarian
committees have been subject to the Federal Advisory Committee Act (FACA; 5 U.S.C. Chapter

10).

Generally, FACA applies to advisory committees that are either established or utilized by the
President or an agency and include at least one member—such as a member of the public; business leader; or state, local, or
tribal official—who is not a full-time or permanent part-time federal employee or official. The statute requires covered
committees to operate in accordance with certain transparency, membership balance, and open meeting requirements.
Committees may be established under FACA by one of four methods, which are further categorized as either “non-
discretionary” or “discretionary” committees.
A non-discretionary advisory committee is either a
• presidential advisory committee mandated by presidential directive or a
• statutory advisory committee mandated by statute.
A discretionary advisory committee is either
• established under agency authority in cases when nonfederal input might benefit agency decisionmaking or
• authorized by law under specific authorization from Congress.
All federal advisory committees subject to FACA must submit a charter in order to be formally established. Charters must be
filed with the advisory committee’s agency head, the agency’s Senate and House committees of jurisdiction, the General
Services Administration’s (GSA’s) Committee Management Secretariat, and the Library of Congress. The charter must
define the federal advisory committee’s mission or charge, its specific duties, and its general operating characteristics. In the
interest of transparency, committees subject to FACA also must comply with certain meeting notice and open meeting
requirements.
FACA requires that committees have a balanced membership in terms of “the points of view represented and the functions to
be performed by the advisory committee.” The method for ensuring a committee’s balance varies on the basis of its
establishment authority and whether it is a non-discretionary committee or discretionary committee. For non-discretionary
advisory committees, the membership balance is incorporated and assessed when Congress or the President drafts the
establishment authority. For discretionary committees, GSA requires the submission of a membership balance plan to ensure
that the agency considers and selects from a cross-section of persons directly affected by, interested in, and qualified to
participate in the functions of the advisory committee.
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ederal advisory committees are created by Congress, Presidents, and executive branch
agencies to gain expertise and policy advice from individuals outside the federal
F government. While they may also be called by other names—such as task forces, panels,
commissions, working groups, boards, councils, or conferences—the practical purpose of federal
advisory committees typically remains the same: to facilitate an exchange of policy ideas among
experts and affected parties and to solicit recommendations. Establishing an advisory committee
may allow the federal government to create a forum for discussing potentially controversial topics
and reporting recommendations to federal decisionmakers by outside experts.
Many federal advisory committees are subject to the Federal Advisory Committee Act (FACA; 5
U.S.C. Chapter 10),1 which allows advisory committee members to offer perspectives, advice,
and ideas on the implementation of federal policy. In administering FACA, the General Services
Administration (GSA), via the Committee Management Secretariat (hereinafter “Secretariat”),
has issued guidance in the form of a rule on advisory committee management, commonly referred
to as the “Final Rule.”2
Congress began studying how to improve the administration of federal advisory committees in
response to concerns that the number and membership of advisory committees had proliferated
and that the committee operations were not consistent or transparent. In a 1970 report detailing
their findings, the House Committee on Government Operations found that the extensive use and
creation of advisory committees warranted an overall federal policy that would specify “what
policy criteria, organization and administrative guidelines are needed to justify the investment of
time, effort and expense in the use of advisory groups as an instrument of Government.”3
Building upon previous administrative efforts to track advisory committees, these findings led to
the enactment of FACA.4
According to the legislation’s accompanying report from the Senate Committee on Government
Operations, advisory committees were intended to provide an “opportunity for the public to learn
either about [advisory committee] deliberations and recommendations or about the information
on which [advisory committees] base those recommendations.”5 To those ends and to clarify the
consultatory and impartial roles expected of advisory committees, FACA requires that such
committees be
• advisory only and not binding in nature and that final determination on
committee recommendations be made by federal officials,6

1 The Federal Advisory Committee Act (FACA) was originally enacted in P.L. 92-463, 86 Stat. 770 (1972). In
December 2022, P.L. 117-286 (136 Stat. 4197) revised Title 5 of the U.S. Code and moved FACA from the Appendix
to Chapter 10. Older citations, therefore, may make reference to the Appendix of Title 5.
2 General Services Administration (GSA), “Federal Advisory Committee Management; Final Rule,” 66 Federal
Register 37728-37750, July 19, 2001.
3 U.S. Congress, House Committee on Government Operations, The Role and Effectiveness of Federal Advisory
Committees, 91st Cong., 2nd sess., December 11, 1970, H.Rept. 91-1731, p. 2.
4 Executive Order 11007, “Prescribing Regulations for the Formation and Use of Advisory Committees,” 27 Federal
Register 1875-1877, February 26, 1962.
5 U.S. Congress, Senate Committee on Government Operations, The Federal Advisory Committee Act, report to
accompany S. 3529, 92nd Cong., 2nd sess., September 7, 1972, S.Rept. 92-1098 (Washington: Government Publishing
Office, 1972), p. 6. The report continued: “The lack of public scrutiny of the activities of advisory committees was
found to pose the danger that subjective influence not in the public interest could be exerted on the Federal
decisionmakers.”
6 5 U.S.C. §1002(b)(6). See also “Committee Reports and Recommendations.”
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• “fairly balanced in terms of the points of view represented and the functions to be
performed,”7 and
• open to the public and make committee records available for public inspection.8
This report provides an overview of the statute’s requirements and illustrative committee
examples from statute, presidential directives, agency authorities, and the Federal Register. It
presents information on GSA’s role in FACA administration and the role of agency officials in
advisory committees. It also provides information on FACA’s scope, committee establishment
and termination, committee member selection, meeting requirements, and treatment of committee
reports and recommendations.
FACA’s Scope
Generally, FACA applies to advisory committees that are either established or utilized by the
President or an agency and include at least one member—such as a member of the public;
business leader; or state, local, or tribal official—who is not a full-time or permanent part-time
federal employee or official.9 Committees “composed wholly of full-time, or permanent part-
time, officers or employees of the Federal Government” are outside of FACA’s coverage.10
For purposes of FACA, utilized means “when the President or a Federal office or agency
exercises actual management or control over its operation.”11 The Final Rule clarifies that certain
committee compositions are exempt from FACA, including those that are
• not actually managed or controlled by the executive branch;12
• composed of groups assembled to provide individual advice or to exchange facts
or information;13 and
• composed of federal officials or officers and elected officers of state, local, and
tribal governments acting in their official capacities.14
The number of committees within a particular sponsoring agency varies greatly. At department-
level entities in FY2023, for example, the Department of Health and Human Services reported
264 committees, while the Department of Housing and Urban Development reported three
committees. Figure 1 shows the number of federal advisory committees reported at the 15
department-level entities.

7 5 U.S.C. §1004(b)(2). See also “Membership Balance.”
8 5 U.S.C. §1009. See also “Meeting Requirements.”
9 5 U.S.C. §1001(2).
10 5 U.S.C. §1001(2)(B)(i).
11 41 C.F.R. §102-3.25.
12 41 C.F.R. §102-3.40(d).
13 41 C.F.R. §§102-3.40(e) and (f).
14 41 C.F.R. §102-3.40(g). GSA explains that in order to be excluded from FACA “the purpose of such a committee
must be solely to exchange views, information, or advice relating to the management or implementation of Federal
programs established pursuant to statute, that explicitly or inherently share intergovernmental responsibilities or
administration.”
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The Federal Advisory Committee Act (FACA): Overview and Considerations for Congress

Figure 1. Federal Advisory Committees at Department-Level Entities
FY2023

Source: CRS analysis of the FACA database, located at http://www.facadatabase.gov.
Does FACA Apply?
Whether a specific committee is subject to FACA rests on many factors and is often decided on a
case-by-case basis. If the establishing statute or directive is not explicit, the agency head of the
committee’s sponsoring agency or the courts would likely determine whether or not FACA
applies.
Congress may choose to specify whether and how FACA applies to a statutorily created
committee (see Table 1 for examples). These specifications can include a complete exemption
from FACA; an exemption from certain provisions of FACA, such as a committee’s expected
two-year duration, open meeting requirements, or membership balance requirements; or the
application of FACA to an entity that might otherwise be exempt. Explanations and examples of
these options are discussed below.
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Table 1. Examples of Statutes Applying or Exempting a Committee from FACA
Citation
Language
42 U.S.C. §1320a–7c(a)(6)(I)
The provisions of the Federal Advisory Committee Act shall not apply to the
partnership established by subparagraph (A). [Partnership refers to] a public-
private partnership of health plans, Federal and State agencies, law enforcement
agencies, health care anti-fraud organizations, and any other entity determined
appropriate by the Secretary for purposes of detecting and preventing health care
waste, fraud, and abuse.
7 U.S.C. §6712(f)(7)
The Advisory Council [Greenhouse Gas Technical Assistance Provider and
Third-Party Verifier Program] shall be subject to the Federal Advisory
Committee Act (5 U.S.C. App.), except that section 14(a)(2) of that Act shall not
apply.
16 U.S.C. §7702(d)(C)(iv)
The Advisory Committee [related to the North Pacific Fisheries Convention]
shall not be subject to the Federal Advisory Committee Act (5 U.S.C. App.).
Source: CRS analysis of the U.S. Code.
Note: Examples in this table are illustrative and are not a comprehensive list of all variations that may be found
in statute.
Subcommittees
In some instances, advisory committees may also contain subcommittees. During the
deliberations leading to the issuing of the Final Rule, observers commented that previous
guidance was unclear on whether subcommittees reporting to a committee were subject to
FACA.15
The Final Rule clarifies that FACA does not apply “to subcommittees that report to a parent
advisory committee and not directly to a Federal officer or agency,” but the creation and
operation of a subcommittee “must be approved by the agency establishing the parent advisory
committee.”16 Even so, an agency may still choose to apply any FACA provision to a
subcommittee.
Committee Establishment and Termination
A federal advisory committee may be established by the President, Congress, or an executive
agency by either a presidential directive, such as an Executive Order (E.O.); statute; or agency
authority, respectively. The method by which a committee is established under FACA also
provides for how the committee may be terminated. In addition, after being established and
before meeting, the agency must file a charter with GSA.17
Figure 2 displays the methods by which FY2023 FACA committees were established. Of the
1,021 total committees reported in FY2023, a majority were required by statute (58%), while the
fewest were required by presidential directive (3%).

15 GSA, “Federal Advisory Committee Management; Final Rule,” 66 Federal Register 37728-37729, July 19, 2001.
16 41 C.F.R. §102-3.35.
17 41 C.F.R. §102-3.70. Typically, the Committee Management Officer (CMO) is responsible for filing the committee’s
charter with GSA; however, the agency head may designate another agency official instead. CMOs are discussed later
in this report in the “Agency Roles” section.
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Figure 2. Federal Advisory Committee Establishment Methods
FY2023

Source: CRS analysis of the FACA database, located at http://www.facadatabase.gov.
Establishment
Committees may be established under FACA by one of four methods, which are further
categorized as either “non-discretionary” or “discretionary” committees (see Table 2 for
examples).
A non-discretionary advisory committee is either a
• presidential advisory committee mandated by presidential directive or a
• statutory advisory committee mandated by statute.
A discretionary advisory committee is either
• established under agency authority in cases when nonfederal input might benefit agency
decisionmaking or
• authorized by law under specific authorization from Congress.
Discretionary committees face more procedural hurdles in the chartering process than non-
discretionary committees do.18 To establish, renew, or reestablish a discretionary committee, an
agency must consult with the Secretariat and explain (1) why the committee needs to be
established; (2) why its existence is essential to the conduct of agency business and is in the
public interest; and (3) why the committee’s functions cannot be performed by the agency,
another existing committee, or other means, such as a public hearing.19
A non-discretionary committee, by comparison, performs the functions provided for in statute or
in the establishing presidential directive.

18 The chartering process is discussed further in the “Chartering Requirements” section.
19 41 C.F.R. §102-3.60.
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Table 2. Examples of Statutes and Directives Establishing a Committee
Citation
Language
47 U.S.C. §906(a)(F)
The Secretary [of the Treasury], acting through the NTIA [National
Telecommunications and Information Administration] Administrator, and in
consultation with the Under Secretary of Commerce for Standards and Technology,
shall establish a Federal advisory committee, in accordance with the Federal Advisory
Committee Act (5 U.S.C. App.), composed of government and private sector experts,
to advise the Secretary and the NTIA Administrator on the administration of the
Innovation Fund.
87 Federal Register 43383
Department of Transportation, Notice to Establish the Transforming Transportation
Advisory Committee (TTAC), “This notice announces the establishment of the DOT
TTAC as a Federal Advisory Committee in accordance with the Federal Advisory
Committee Act (Pub. L. 92–463, 5 U.S.C. App. 2) to provide information, advice, and
recommendations to the Secretary on matters relating to transportation innovation.”
Executive Order 12310
President’s Commission on Housing (Ronald Reagan), “By the authority vested in me
as President of the United States, and in order to establish, in accordance with the
provisions of the Federal Advisory Committee Act, as amended (5 U.S.C. App. I), a
Presidential advisory committee on national housing policies and Federal programs in
furtherance thereof, it is hereby ordered as follows: Section 1. Establishment. (a)
There is established the President's Commission on Housing. The Commission shall
be composed of not more than twenty-two (22) members from private life and from
State and local governments who shall be appointed by the President.”
Source: CRS analysis of the U.S. Code and Federal Register.
Note: Examples in this table are illustrative and are not a comprehensive list of all variations that may be found
in statute, agency, or executive directives.
Chartering Requirements
All federal advisory committees subject to FACA must submit a charter in order to be formally
established. Charters must be filed with the advisory committee’s agency head, the agency’s
Senate and House committees of jurisdiction, the Secretariat, and the Library of Congress.20 The
charter must define the federal advisory committee’s mission or charge, its specific duties, and its
general operating characteristics. A committee cannot meet or take action without filing a charter,
which must be refiled every two years.21
Creating a Committee by Legislation
When Congress is considering legislation that establishes or authorizes the establishment of any
advisory committee, FACA requires that it include five factors:
1. a clearly defined purpose for the advisory committee;
2. a fairly balanced advisory committee membership in terms of the points of view
represented and the functions the committee will perform;
3. appropriate provisions to ensure that the advisory committee’s recommendations
are the result of its independent judgment;
4. provisions dealing with authorization of appropriations, the date for submission
of reports (if any), and the duration of the advisory committee; and

20 5 U.S.C. §1008(c) and 41 C.F.R. §102-3.75.
21 5 U.S.C. §§1008(c)(1) and 1013(b)(2).
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5. provisions to assure that the advisory committee will have adequate staff and
funds, which may be supplied by an agency.22
Such factors are also reflected in FACA’s chartering information requirements.
Termination
All advisory committees subject to FACA must renew their charters with GSA every two years or
cease operations (see Table 3). Discretionary and non-discretionary advisory committee charters
may differ in descriptions of a committee’s expected duration.23
A discretionary committee charter typically indicates that it is expected to terminate two years
from the date the charter is filed unless the charter is renewed. In contrast, a non-discretionary
presidential advisory committee charter typically indicates that the need for the committee is
continuing but is subject to renewal every two years. A presidential advisory committee may
terminate earlier if the E.O. establishing the committee is rescinded.
A statutory advisory committee may exist for any period that its establishing statute provides. A
statutory advisory committee charter typically indicates that the committee will terminate on a
specific date and is subject to renewal every two years until that date. A statutory advisory
committee that waives the termination requirement in its establishing statute, however, may exist
indefinitely and be terminated only by additional legislation. GSA considers a statutory
committee with an indefinite termination date and no approved charter to be administratively
inactive, and the committee is unable to conduct business until a charter is approved.
The Administrative Conference of the United States (ACUS) has recommended that, as a best
practice when creating a statutory committee, Congress “should provide guidance concerning the
intended duration of each such committee or, alternatively, a clear explanation of the committee’s
mission and a provision that the committee should terminate upon completion of that mission.”24
Table 3. Examples of Statutes and Directives Terminating a Committee
Citation
Language
5 U.S.C. §315(g)
The Advisory Committee [on Data for Evidence Building] shall terminate not later
than two years after the date of the first meeting.
15 U.S.C. §8814
The [National Quantum Initiative] Advisory Committee shall be exempt from

section 14 of the Federal Advisory Committee Act (5 U.S.C. App.)
Executive Order 12382
President’s National Security Telecommunications Advisory Committee (Ronald
Reagan), “In accordance with the Federal Advisory Committee Act, as amended,
the Committee shall terminate on December 31, 1982, unless sooner extended.”
Source: CRS analysis of the U.S. Code and Federal Register.
Note: Examples in this table are illustrative and are not a comprehensive list of all variations that may be found
in statute, agency, or executive directives.

22 5 U.S.C. §1004(b).
23 5 U.S.C. §1013.
24 Administrative Conference of the United States (ACUS), Administrative Conference Recommendation 2011-7, The
Federal Advisory Committee Act – Issues and Proposed Reforms, December 9, 2011, p. 10, at https://www.acus.gov/
sites/default/files/documents/Recommendation-2011-7-Federal-Advisory-Committee-Act.pdf. ACUS is an independent
agency established in 5 U.S.C. §§591-596 to study federal administrative procedures and develop recommendations for
improvement.
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Efforts to Reduce the Number of Committees
Congress and other establishing entities are encouraged by both FACA’s statutory language and
implementing guidance to consider whether or not a new committee’s purposes would be
duplicative of existing efforts. For example, FACA requires each standing committee of the
Senate and House of Representatives, when considering legislation establishing or authorizing
any advisory committee, to determine if “the functions of the proposed advisory committee are
being or could be performed by one or more agencies or by an advisory committee already in
existence.”25
In addition, two E.O.s—E.O. 12838, issued in 1993, and E.O. 13875, issued in 2019—have
sought to reduce the number of advisory committees in an effort to improve advisory committee
efficiency and reduce redundancy. E.O.s cannot terminate statutory advisory committees.
However, these E.O.s do directly affect discretionary committees established by executive
agencies and suggest changes to committees established by or subject to renewal by presidential
directive.
E.O. 12838 required that one-third of discretionary advisory committees subject to FACA be
terminated by the end of FY1993.26 The order also created a requirement that proposed new
committees be approved by the Director of the Office of Management and Budget (OMB) in
addition to existing GSA Secretariat approval requirements.
E.O. 12838 was later incorporated into OMB Circular No. A-135, which, among other powers,
permits OMB to set ceilings on the number of advisory committees for each agency.27 These
limits do not affect non-discretionary committees. Further, Circular No. A-135 encourages
agencies to work with OMB to develop legislation for Congress to terminate non-discretionary
statutory committees that are no longer considered necessary.
In 1997, the Government Accountability Office (GAO) studied E.O. 12838’s effectiveness on
committee efficiency. GAO found that the overall number of federal advisory committees had
declined by one-third since 1993.28 However, the number of members per committee and
committee costs rose during the same five-year period. GAO suggested that increased costs and
membership may have been the result of committee mergers.
E.O. 13875 revisited aspects of E.O. 12838 and directed the termination of at least one-third of
discretionary advisory committees by September 30, 2019.29 E.O. 13875 required an agency to
apply for a waiver from OMB to create a new advisory committee if the number of discretionary
committees government-wide exceeded 350. E.O. 13992, issued on January 20, 2021, revoked
E.O. 13875.30

25 5 U.S.C. §1004(b).
26 Executive Order 12838, “Termination and Limitation of Federal Advisory Committees,” 58 Federal Register 28,
February 10, 1993.
27 Office of Management and Budget (OMB), Circular No. A-135: Management of Federal Advisory Committees,
Washington, DC, October 5, 1994, at https://www.whitehouse.gov/wp-content/uploads/2017/11/Circular-A-135.pdf.
28 Government Accountability Office (GAO), Federal Advisory Committee Act: Overview of Advisory Committees
Since 1993, T-GGD-98-24, November 5, 1997, p. 1, at https://www.gao.gov/assets/t-ggd-98-24.pdf.
29 Executive Order 13875, “Evaluating and Improving the Utility of Federal Advisory Committees,” 84 Federal
Register 28711, June 14, 2019.
30 Executive Order 13992, “Revocation of Certain Executive Orders Concerning Federal Regulation,” 86 Federal
Register 7049, January 20, 2021.
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Committee Management Secretariat and Resources
GSA’s Secretariat is responsible for “all matters relating to advisory committees” subject to
FACA.31 In addition to issuing the Final Rule, the Secretariat is responsible for providing training
for agency officials who administer FACA,32 consultations to ensure committee compliance with
FACA, and other advice and guidance on the establishment and management of federal advisory
committees.33 The 2001 Final Rule remains the current overall guidance for the administration of
FACA.
The FACA statute also directs the Secretariat to conduct a comprehensive review of each advisory
committee to determine whether the committee continues to carry out its purpose, whether it
should be merged with other committees or abolished, and whether the committee’s assigned
responsibilities should be revised.34 To assist in carrying out this directive, the Secretariat created
the FACA database (located at www.facadatabase.gov), which contains information on the
establishment, members, meetings, and activities of advisory committees subject to FACA.
While the information in the FACA database is managed by the Secretariat, the agencies self-
report information about FACA committees. The Secretariat notes that “[a]lthough centrally
supported by the General Services Administration’s Committee Management Secretariat, the
database represents a true ‘shared system’ wherein each participating agency and individual
committee manager has responsibility for providing accurate and timely information that may be
used to assure that the system’s wide array of users has access to data required by FACA.”35
Information on committees, therefore, may vary on the basis of agency requirements.
Agency Roles
Generally, three agency officials oversee advisory committee administration: the agency head, the
committee management officer (CMO), and the designated federal officer (DFO).36 In some
cases, administration of an advisory committee may involve additional staff or the committee’s
members, although FACA does not assign any specific responsibilities to members or staff.37
Agency Head
FACA requires each agency head to “establish uniform administrative guidelines and
management controls for advisory committees established by that agency,” which are consistent

31 5 U.S.C. §1006(a). Originally, the Secretariat was established within OMB by P.L. 92-463; however, Executive
Order 12024 transferred these functions to GSA in December 1977.
32 GSA, GSA Portal FACA Training Registration, at https://www.gsa.gov/about-us/events-and-training/gsa-training-
programs/training-for-federal-employees/gsa-portal-faca-training-registration.
33 GSA, Federal Advisory Committee Act (FACA) Management Overview, at https://www.gsa.gov/policy-regulations/
policy/federal-advisory-committee-management.
34 5 U.S.C. §1006(b). Originally, FACA required the President under Section 6(c) to submit an annual report to
Congress on “the activities, status, and changes in composition of advisory committees in existence during the
preceding calendar year.” See 86 Stat. 772. The President’s annual reports from 1972 to 1998 may be retrieved at
https://www.facadatabase.gov/FACA/s/1972-1998-the-annual-reports.
35 GSA, Welcome to the GSA Federal Advisory Committee Act (FACA) Database, at https://www.facadatabase.gov/
FACA/s/.
36 In the case of independent presidential advisory committees, the committee chair may conduct certain functions
otherwise provided by agency officials, as discussed further in the “Committee Chairs” section. Contact information for
agency CMOs and committee designated federal officers is listed in the FACA database.
37 41 C.F.R. §102-3.125.
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with Secretariat guidance.38 This includes determining the rates of compensation for committee
members, if applicable, and staff; developing procedures to ensure that the advice or
recommendations of the committee are the result of the committee’s independent judgment; and
ensuring that committee members’ interests and affiliations conform with applicable conflict-of-
interest statutes, regulations issued by the Office of Government Ethics (OGE), and supplemental
agency ethics requirements.39 Agency heads are also to review the need to continue existing
advisory committees within the agency.40
Agency heads are also responsible for ensuring that members of the public have reasonable
opportunities to participate in public advisory committee activities and for providing a written
determination stating the reasons for closing any advisory committee meeting to the public, per
the requirements of the Government in the Sunshine Act (Sunshine Act; 5 U.S.C. §552b). 41
The Final Rule also requires agency heads to designate a CMO for the agency and DFOs for
committees and subcommittees.42 Agency heads are also permitted to delegate these
responsibilities to the CMO.43
Committee Management Officer
The CMO is responsible for carrying out the duties outlined in Section 1007(b) of FACA, which
include (1) exercising “control and supervision over the establishment, procedures, and
accomplishments of advisory committees established by the agency” and (2) assembling,
maintaining, and making available the reports, records, and other papers of agency advisory
committees.
In addition, the Final Rule requires the CMO to maintain agency committee records, including a
set of filed charters and membership lists for each advisory committee, agency information
required to be included as part of GSA’s annual advisory committee review, agency guidelines for
committee management operations and procedures, and closed meeting determinations.44
Designated Federal Officer
The DFO is required to chair or attend each meeting of each advisory committee. Similarly,
statute requires the DFO to call and approve committee meetings and agendas and to adjourn
committee meetings.45 FACA prohibits advisory committees from conducting any meeting in the
absence of the DFO.46

38 5 U.S.C. §1007(a).
39 41 C.F.R. §102-3.105(f), (g), and (h). For more information on membership and ethics considerations, see also CRS
In Focus IF12512, Federal Advisory Committee Act (FACA): Membership, by Meghan M. Stuessy and Jacob R. Straus.
40 41 C.F.R. §102-3.105(e).
41 41 C.F.R. §102-3.105(d) and (j).
42 41 C.F.R. §102-3.105(c) and (i).
43 GSA, “Federal Advisory Committee Management; Final Rule,” 66 Federal Register 37740, July 19, 2001. See key
point I under Appendix A to Subpart B.
44 41 C.F.R. §102-3.115.
45 5 U.S.C. §1009(e) and (f) and 41 C.F.R. §102-3.120.
46 5 U.S.C. §1009(e).
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Agency Funding
With regard to committee funding and administration, FACA stipulates that “[e]ach agency shall
be responsible for providing support services for each advisory committee established by or
reporting to it unless the establishing authority provides otherwise.”47 If an agency creates a
discretionary committee or the establishing statute or directive is silent on additional
appropriations, therefore, the sponsoring agency remains responsible for appointing a DFO,
providing meeting space, and assisting with Federal Register requirements, among other support
services.
Members
Agency guidance and statute may contemplate a variety of membership combinations in the
context of soliciting appropriate input on a particular policy area. Decisions on who will comprise
an advisory committee’s membership may be determined through an agency nomination process
or specified in the committee’s establishing directive. This section discusses examples for the
appointment of committee members, including creating an agency nomination process,
determining a balance of members with a variety of viewpoints, categorizing committee members
and ethics considerations, determining compensation for committee members, and selecting the
size of the committee.48
Nomination Process and Appointments
FACA does not specify the manner in which committee members must be appointed. Statute,
agency guidance, or E.O. language, however, may stipulate who appoints members, how
committee membership might be identified, and if an agency should create a nomination process
for a particular advisory committee.49 For committees without explicit direction, the appointment
process is often described in the membership balance plan. Absent these requirements, each
agency head may specify an agency’s own nomination policy and procedure.50
For example, certain agencies solicit nominations through a notice published in the Federal
Register (see Table 4 for examples); however, FACA does not require a particular process.
Relatedly, GSA notes that Members of Congress, agency officials, the general public,
professional societies, or current and former committee members may nominate candidates for
membership on a committee.51

47 5 U.S.C. §1011(b).
48 Jacob R. Straus, Specialist on the Congress, contributed to this section of the report.
49 GSA, “Federal Advisory Committee Management; Final Rule,” 66 Federal Register 37743, July 19, 2001. See key
point I under Appendix A to Subpart C.
50 See also GAO, EPA Advisory Committees: Improvements Needed for the Member Appointment Process, 19-280, July
2019, at https://www.gao.gov/assets/gao-19-280.pdf.
51 GSA, The Federal Advisory Committee Act (FACA) Brochure, Washington, DC, at https://www.gsa.gov/policy-
regulations/policy/federal-advisory-committee-management/advice-and-guidance/faca-brochure.
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Table 4. Examples of Federal Register Nomination Solicitations
Citation
Language
88 Federal Register 53451
Solicitation of Nominations for Members of the Grain Inspection Advisory
Committee.
“The United States Department of Agriculture's (USDA) Agricultural Marketing
Service (AMS) is seeking nominations for individuals to serve on the Grain Inspection
Advisory Committee (Advisory Committee). The Advisory Committee meets no less
than once annually to advise AMS on the programs and services it delivers pursuant to
the U.S. Grain Standards Act (USGSA) and in accordance with the Federal Advisory
Committee Act (FACA), as amended.”
88 Federal Register 87400
Intent To Reestablish the Black Hills National Forest Advisory Board and Solicitation
of Nominations for Membership for the Black Hills National Forest Advisory Board.
“The Black Hills National Forest Advisory Board will be governed by the provisions of
FACA. Duration of the Black Hills National Forest Advisory Board is for two years
unless renewed by the Secretary, USDA. This notice also solicits nominations for
membership on the Black Hills National Forest Advisory Board.”
Source: CRS analysis of the Federal Register.
Note: Examples in this table are illustrative and are not a comprehensive list of all variations that may be found
in the Federal Register.
Appointing Official
The Final Rule explains that agency heads “retain the final authority for selecting advisory
committee members, unless otherwise provided for by a specific statute or Presidential
directive.”52 In certain cases, the appointing official may be the President, or the agency head may
have delegated this responsibility to another agency official, such as the CMO (see Table 5 for
examples of appointing officials).
Table 5. Examples of Different Appointing Officials in Statute
Citation
Language
10 U.S.C. §7223
The Secretary of the Army shall appoint an advisory committee on Arlington National
Cemetery.
4 U.S.C. §7385s-16(a)(2)
The President shall make appointments to the Board [The Advisory Board on Toxic
Substances and Worker Health] in consultation with organizations with expertise on
worker health issues in order to ensure that the membership of the Board reflects a
proper balance of perspectives from the scientific, medical, and claimant communities.
Source: CRS analysis of the U.S. Code.
Note: Examples in this table are illustrative and are not a comprehensive list of all variations that may be found
in statute.
Committee Chairs
While FACA itself does not specify how committee chairs are to be selected, the committee’s
authorizing statute or directive may provide instruction (see Table 6 for examples). FACA
requires that “the chairman of the advisory committee” certifies the accuracy of meeting minutes;
however, the responsibilities for chairs of committees within agencies and for independent

52 GSA, “Federal Advisory Committee Management; Final Rule,” 66 Federal Register 37743, July 19, 2001. See key
point II under Appendix A to Subpart C. The Final Rule also notes that “the extent to which agency heads have
delegated responsibility for selecting members varies from agency to agency.”
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Presidential advisory committees differ.53 For committees within agencies, the agency head,
CMO, and DFO provide the committee with administrative support and direction, and a
committee chair is optional.
In the case of an independent presidential advisory committee, the committee chair is responsible
for many administrative tasks assigned to an agency head and is necessary for the committee to
function.54 These include ensuring overall compliance with FACA, ensuring meetings are held at
a reasonable time and in a manner to facilitate public input,55 and certifying meeting minutes.56
Table 6. Examples of Chair Designations in Statute
Citation
Language
4 U.S.C. §7385s-16(a)(3)
The President shall designate a Chair of the Board [Advisory Board on Toxic
Substances and Worker Health] from among its members.
42 U.S.C. §7709(b)
The Director [of the U.S. Geological Survey] shall establish procedures for selection
of individuals not employed by the Federal Government who are qualified in the
seismic sciences and other appropriate fields and may, pursuant to such procedures,
select up to 10 individuals, one of whom shall be designated Chairman, to serve on the
Advisory Committee [The Scientific Earthquake Studies Advisory Committee].
Selection of individuals for the Advisory Committee shall be based solely on
established records of distinguished service, and the Director shall ensure that a
reasonable cross-section of views and expertise is represented. In selecting individuals
to serve on the Advisory Committee, the Director shall seek and give due
consideration to recommendations from the National Academy of Sciences,
professional societies, and other appropriate organizations.
Source: CRS analysis of the U.S. Code.
Note: Examples in this table are illustrative and are not a comprehensive list of all variations that may be found
in statute.
Terms and Vacancies
Advisory committee member terms frequently align with FACA’s two-year chartering
requirements (see Table 7 for examples). However, particular committee terms vary. For
example, members can be appointed on a staggered schedule to ensure that there are always a few
continuing committee members serving at any given time—allowing for greater continuity in
operations. Other establishing statutes or directives specify that vacancies are to be filled in the
manner in which the original appointment was made. Additional details on term length and
vacancies may depend on the policy area the committee is studying or the sponsoring agency’s
interest in the committee’s work.

53 5 U.S.C. §1009(c). See also 41 C.F.R. §102-3.165(c), which requires the DFO to ensure that minutes are certified
within 90 calendar days of the meeting to which they relate.
54 41 C.F.R. §102-3.110.
55 41 C.F.R. §102-3.140.
56 41 C.F.R. §102-3.165.
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Table 7. Examples of Term and Vacancy Specifications
Citation
Language
5 U.S.C. §315(c)
Term of Service
(1) In general. Each member of the Advisory Committee [on Data for Evidence
Building] shall serve for a term of 2 years.
(2) Vacancy. Any member appointed to fill a vacancy occurring before the expiration
of the term for which the member’s predecessor was appointed shall be appointed
only for the remainder of that term. A vacancy in the Commission shall be filled in
the manner in which the original appointment was made.
38 U.S.C. §545(a)(4)
The Secretary shall determine the terms of service and pay and allowances of the
members of the Committee [Advisory Committee on the Readjustment of Veterans],
except that a term of service may not exceed two years. The Secretary may reappoint
any member for additional terms of service.
Source: CRS analysis of the U.S. Code.
Note: Examples in this table are illustrative and are not a comprehensive list of all variations that may be found
in statute.
Membership Balance
FACA requires that committees have a balanced membership.57 The method for ensuring a
committee’s balance varies on the basis of its establishment authority and whether it is a non-
discretionary committee (i.e., those mandated by presidential directive or statute) or discretionary
committee (i.e., those authorized by law or established under agency authority).
Membership Balance Requirement
5 U.S.C. §1004(b)(2)
FACA requires that the membership of an advisory committee “be fairly balanced in terms of the points of view
represented and the functions to be performed by the advisory committee.”
For non-discretionary advisory committees, the membership balance is incorporated and assessed
when Congress or the President drafts the establishment authority. Similarly, the establishment
authority could require membership diversity in education, geography, professional expertise, or
interests to be represented on the committee. For discretionary advisory committees, the Final
Rule requires agencies to submit a membership balance plan when establishing or renewing an
advisory committee.58
Membership Balance Plan
GSA notes that while the membership balance plan requirement applies only to discretionary
committees, it recommends this process to non-discretionary committees as a good practice.59
The plan is to “ensure that, in the selection of members for the advisory committee, the agency

57 5 U.S.C. §1004(b)(2).
58 41 C.F.R. §102-3.60(a).
59 GSA, Federal Advisory Committee Membership Balance Plan, November 2011, p. 1, at https://www.gsa.gov/system/
files/MembershipBalancePlanGuidance-November_2011.pdf.
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will consider a cross-section of those directly affected, interested, and qualified, as appropriate to
the nature and functions of the advisory committee.”60 (See Table 8 for examples.)
In 2011 supplementary guidance, GSA directs agencies to include nine elements in their
membership balance plans.61 Among other balance factors, such as the geographic location of
candidates, the importance of including members from other levels of government, and diversity
in work sector, a plan must also consider the candidate identification process and points of view
to be represented.
Candidate Identification Process
A committee’s membership balance plan must summarize the agency’s process to identify
candidates for committee membership, resources the agency is to use to identify candidates (such
as recommendations from current and former members of the committee, publication of
nomination notices in the Federal Register, and searches of relevant professional organizations),
and key agency officeholders who are to evaluate the committee for balance.62
Points of View
GSA directs agencies to describe its process for ascertaining balance among an advisory
committee’s membership by identifying categories (such as individual expertise or represented
interests) from which candidates for membership will be considered. In addition, the plan may
identify the anticipated distribution of membership across these categories and should discuss
whether members will be appointed as special government employees (SGEs) or representative
members.
Table 8. Examples of Statutory Language Concerning Membership Specification
Citation
Language
16 U.S.C. §430g-8(a)
There is hereby established the Gettysburg National Military Park Advisory
Commission (hereafter in sections 430g–8 to 430g–10 of this title referred to as the
“Advisory Commission”). The Advisory Commission shall be composed of eleven
members, as follows:
(1) One member representing each of the local governments from the four
townships surrounding the park and the Borough of Gettysburg, appointed by the
Secretary.
(2) One member representing the Adams County, Pennsylvania government,
appointed by the Secretary.
(3) One member representing the State Historic Preservation Office of the State
of Pennsylvania, appointed by the Secretary.
(4) Two members who are residents of Adams County and who are
knowledgeable about the park and its resources, appointed by the Secretary, one
of whom shall own land or interests in land within the park boundary.
(5) One member with expertise in local historic preservation, appointed by the
Secretary.
(6) The Director of the National Park Service or his designee, ex officio.

60 41 C.F.R. §102-3.60(b)(3).
61 GSA, Federal Advisory Committee Membership Balance Plan, November 2011, pp. 2-4, at https://www.gsa.gov/
system/files/MembershipBalancePlanGuidance-November_2011.pdf.
62 GSA, Federal Advisory Committee Membership Balance Plan, November 2011, pp. 3-4, at https://www.gsa.gov/
system/files/MembershipBalancePlanGuidance-November_2011.pdf.
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Citation
Language
42 U.S.C. §300aa-19(a)
There is established the Advisory Commission on Childhood Vaccines. The
Commission shall be composed of:
(1) Nine members appointed by the Secretary as follows:
(A) Three members who are health professionals, who are not employees of the
United States, and who have expertise in the health care of children, the
epidemiology, etiology, and prevention of childhood diseases, and the adverse
reactions associated with vaccines, of whom at least two shall be pediatricians.
(B) Three members from the general public, of whom at least two shall be legal
representatives of children who have suffered a vaccine-related injury or death.
(C) Three members who are attorneys, of whom at least one shall be an attorney
whose specialty includes representation of persons who have suffered a vaccine-
related injury or death and of whom one shall be an attorney whose specialty
includes representation of vaccine manufacturers.
(2) The Director of the National Institutes of Health, the Assistant Secretary for
Health, the Director of the Centers for Disease Control and Prevention, and the
Commissioner of Food and Drugs (or the designees of such officials), each of whom
shall be a nonvoting ex officio member.
Source: CRS analysis of the U.S. Code.
Note: Examples in this table are illustrative and are not a comprehensive list of all variations that may be found
in statute.
Types of Members
FACA committee members may have different expertise or interactions with the federal
government. Therefore, individuals may be appointed in one of three categories: ex officio, SGE,
and representative. These different types of members may have different ethical requirements.
Executive branch ethics requirements are established by the Ethics in Government Act (EIGA),
and regulations are set by OGE.63 Executive branch ethics requirements, including those for
FACA committees, are implemented at the agency level.
Ex Officio
An ex officio member holds membership on an advisory committee by virtue of his or her federal
office and serves only while an incumbent of such a position. For example, if an advisory
committee’s establishing statute or directive requires an agency deputy or assistant secretary to be
a member of a particular advisory committee, they would serve in an ex officio capacity. If the
individual were to leave that position, then they would no longer serve on the advisory
committee.
Special Government Employees
An SGE member is a category of federal employment reserved for an officer or employee who is
retained, designated, appointed, or employed to perform temporary duties, with or without
compensation, for not more than 130 days during any period of 365 days.64 Unlike representatives
who, as discussed more below, may be selected to represent a particular point of view, SGEs are

63 5 U.S.C. §§13101-13111; 5 C.F.R. Part 2634. For more information, see CRS Report R47320, Financial Disclosure
in the U.S. Government: Frequently Asked Questions, by Jacob R. Straus.
64 18 U.S.C. §202.
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expected to exercise their own best judgment on behalf of the government and are expected to
discuss and deliberate in a manner that is free from conflicts of interest.
Representatives
A representative member is not a government employee. The appointing authority could
designate a committee member as a representative if the member is expected to provide the point
of view of a nongovernmental entity or of a recognizable group of persons (e.g., an industry
sector, labor unions, or environmental groups). Generally, it is expected that representatives will
represent a particular bias.65 Subsequently, “agencies do not conduct conflict-of-interest reviews
for members appointed as representatives” because only regular and special government
employees are subject to the conflict-of-interest statutes.66
Membership Designation and Ethics Responsibilities
If the relevant legislation or other establishment authority does not clearly identify how a
committee’s members should be designated, agency officials are generally expected to determine
each member’s status. OGE provides legal advisories on what factors agency officials should use
to determine a member’s designation. These include whether the member is to be paid and if the
member is speaking on behalf of the federal government.67
Depending on employment classification, FACA committee members may be subject to the
EIGA. For example, SGEs who serve as committee members are required to file financial
disclosure statements with their agency and to negotiate conflict-of-interest remediation, if
necessary. SGEs, however, are not generally subject to outside employment and income
restrictions that apply to regular government employees.68 Representative members, since they
are not government employees, are not subject to EIGA requirements.
Number of Members
An advisory committees’ size might affect its operations. For example, one operational
consideration may be that the committee be small enough to allow all members a chance to
communicate their expertise and opinions, and another may be that the committee be large
enough to include the appropriate stakeholders. In FY2020, of the 896 committees reviewed by
CRS, the median number of members for a FACA advisory committees was 16.69 Some
committees have many more or fewer members than this median, depending on the scope and
duties of the committee.

65 Office of Government Ethics (OGE), Letter to the Chairman of a National Commission Dated June 24, 1993,
Memorandum 93 x 14, p. 1, at https://www.oge.gov/web/oge.nsf/News+Releases/
5AAC736DDAB405D4852585BA005BEE8E/$FILE/316d5bbc44074959b2638083326b850d2.pdf.
66 5 U.S.C. §2105. See also GAO, Federal Advisory Committees: Additional Guidance Could Help Agencies Better
Ensure Independence and Balance, April 2004, p. 18, at https://www.gao.gov/assets/gao-04-328.pdf.
67 OGE, Memorandum Dated July 9, 1982 from J. Jackson Walter Director of the Office of Government Ethics to
Heads of Departments and Agencies of the Executive Branch Regarding Members of Federal Advisory Committees
and the Conflict-of-Interest Statutes, Memorandum 82 x 22, at https://www.oge.gov/web/oge.nsf/0/
A8A528CD14CDCEB0852585BA005BEF88/$FILE/39cf3009de3340b9a96158c14f88b8ae3.pdf.
68 5 C.F.R. §2636.
69 CRS analysis of information reported in the FACA database, located at https://www.facadatabase.gov/FACA/s/.
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Compensation and Staff
FACA does not require that committee members be compensated. The statute, however, permits
agencies to compensate members, including salaries, reimbursement of travel expenses, and per
diems in lieu of subsistence.70 In implementing FACA, the GSA Administrator, in consultation
with the Director of the Office of Personnel Management, is to establish uniform fair rates of pay
for committee members, staff, and consultants (see Table 9 for examples).71 Generally, rates of
pay for committee members and staff may not exceed the rate for Level IV of the Executive
Schedule.72
Table 9. Examples of Statutory Language Concerning Compensation
Citation
Language
42 U.S.C. §2039
The members of the Committee [Advisory Committee on Reactor Safeguards] shall
receive a per diem compensation for each day spent in meetings or conferences, or other
work of the Committee, and all members shall receive their necessary traveling or other
expenses while engaged in the work of the Committee.
34 U.S.C. §11116(f)
Members appointed under subsection (a)(2) shall serve without compensation. Members
of the Council [Coordinating Council on Juvenile Justice and Delinquency Prevention]
shall be reimbursed for travel, subsistence, and other necessary expenses incurred by
them in carrying out the duties of the Council.
33 U.S.C. §1128(c)(5) Voting members of the Board [National Sea Grant Advisory Board] shall-
(A) receive compensation at a rate established by the Secretary, not to exceed the
maximum daily rate payable under section 5376 of title 5, when actually engaged in
the performance of duties for such Board; and
(B) be reimbursed for actual and reasonable expenses incurred in the performance of
such duties.
Source: CRS analysis of the U.S. Code.
Note: Examples in this table are illustrative and are not a comprehensive list of all variations that may be found
in statute.
Meeting Requirements
In the Final Rule, GSA stated, “While FACA is not a public participation statute, it directly affects
how the executive branch is held accountable for the use and management of Federal advisory
committees as a major means of obtaining public involvement.”73 One of these accountability
methods is through FACA’s open and accessible meeting requirements. This section provides
information on what constitutes a meeting under FACA, including options for quorum and
meeting frequency; FACA’s meeting notice requirements; and the statute’s open meeting
requirements and closed meeting procedures.

70 5 U.S.C. §1006.
71 5 U.S.C. §1006(d).
72 41 C.F.R. §§102-3.130(d) and (e). The rate of pay for Level IV of the Executive Schedule is $191,900 for 2024. For
more information, see Office of Personnel Management, Salary Table No. 2024-EX, Rates of Basic Pay for the
Executive Schedule (EX), at https://www.opm.gov/policy-data-oversight/pay-leave/salaries-wages/salary-tables/pdf/
2024/EX.pdf.
73 GSA, “Federal Advisory Committee Management; Final Rule,” 66 Federal Register 37730, July 19, 2001.
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Defining Meetings
The Final Rule defines what types of gatherings are subject to FACA’s meeting requirements and
procedures. According to the Final Rule, “Committee meeting means any gathering of advisory
committee members (whether in person or through electronic means) held with the approval of an
agency for the purpose of deliberating on the substantive matters upon which the advisory
committee provides advice or recommendations.”74
The Final Rule also recognizes that not all gatherings are substantive matters that require public
inspection. The Final Rule excludes activities of two or more advisory committee members
related to
• preparatory work, which refers to meetings convened “solely to gather
information, conduct research, or analyze relevant issues and facts in preparation
for a meeting of the advisory committee, or to draft position papers for
deliberation by the advisory committee,” and
• administrative work, which refers to meetings convened “solely to discuss
administrative matters of the advisory committee or to receive administrative
information from a Federal officer or agency.”75
According to GSA, FACA requires “contemporaneous access to the advisory committee
deliberative process.” Critics have questioned the relationship between emails and the preparatory
work exception as possibly allowing agencies to conduct business without triggering FACA.76 To
remedy this tension, in 2011, ACUS suggested a FACA revision to permit a moderated web forum
to be open for a period of time, rather than solely for the duration of the meeting, in order to
capture deliberative and preparatory comments.77 GSA has not incorporated this recommendation
into the Final Rule.
Quorum
Generally, a quorum is a minimum number of members required to be in attendance at a
committee meeting before the members can conduct committee business. Neither FACA’s
statutory text nor the Final Rule require an advisory committee to specify a quorum (see Table
10). However, quorums may be provided in a committee’s establishing statute or directive or may
be considered as part of the sponsoring agency’s regulations.

74 41 C.F.R. §102-3.25.
75 41 C.F.R. §102-3.160.
76 GSA, “Federal Advisory Committee Management, Final Rule,” 66 Federal Register 37729, July 19, 2001.
77 ACUS, Administrative Conference Recommendation 2011-7, The Federal Advisory Committee Act – Issues and
Proposed Reforms, December 9, 2011, p. 11, at https://www.acus.gov/sites/default/files/documents/Recommendation-
2011-7-Federal-Advisory-Committee-Act.pdf.
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Table 10. Examples of Statutory Language Concerning Quorums
Citation
Language
7 U.S.C. §6518(h)
A majority of the members of the [National Organic Standards] Board shall constitute a
quorum for the purpose of conducting business.
19 U.S.C. §2605(d)
Six of the members of the [Cultural Property Advisory] Committee shall constitute a
quorum. All decisions of the Committee shall be by majority vote of the members present
and voting.
Source: CRS analysis of the U.S. Code.
Note: Examples in this table are illustrative and are not a comprehensive list of all variations that may be found
in statute.
Frequency of Meetings
FACA does not provide for a minimum or maximum number of advisory committee meetings
(see Table 11). It requires the estimated number and frequency of meetings to be reported when
an advisory committee files its charter with GSA.78 A committee’s charter must define the federal
advisory committee’s mission or charge, its specific duties, and its general operating
characteristics.
When an advisory committee is established, the statute, agency guidance, or presidential directive
creating the committee may specify the number and frequency of meetings. These meeting
requirements would also be reported in the committee’s charter.
Table 11. Examples of Statutory Language Concerning Meeting Frequency
Citation
Language
5 U.S.C. §5347(f)
The [Federal Prevailing Rate Advisory] Committee shall meet at the call of the Chairman.
However, a special meeting shall be called by the Chairman if 5 members make a written
request to the Chairman to call a special meeting to consider matters within the purview of
the Committee.
29 U.S.C. §1142(b) The Council [Advisory Council on Employee Welfare and Pension Benefit Plans] shall meet
at least four times each year and at such other times as the Secretary requests.
Source: CRS analysis of the U.S. Code.
Note: Examples in this table are illustrative and are not a comprehensive list of all variations that may be found
in statute.
Meeting Notice Requirements
The Final Rule requires all advisory committee meeting notices to be published at least 15
calendar days in advance in the Federal Register. These notices are to include
• the name of the committee;
• the time, date, and place of the meeting;
• a summary of the agenda;
• a statement of whether the meeting will be open to the public or closed, pursuant
to the Sunshine Act; and

78 5 U.S.C. §1008(c)(2)(H).
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• the name of the DFO or other responsible agency official who may be contacted
for additional information concerning the meeting.
Meetings may not take place with less than 15 days’ notice unless the President determines the
meeting to be necessary for national security reasons or because of exceptional circumstances,
provided the reasoning is published in the Federal Register prior to the meeting.79
Minutes Requirements
FACA requires that detailed minutes of each advisory committee meeting be kept.80 Under the
Final Rule, minutes are to include
• the time, date, and place of the meeting;
• a list of persons who were present, including committee members and staff,
agency employees, and members of the public who presented oral or written
statements;
• an accurate description of each matter discussed and the resolution; and
• copies of each document received, issued, or approved.81
Statute requires that the accuracy of the advisory committee’s minutes be certified by the
committee’s chair.82 Furthermore, the DFO must ensure that the minutes are certified within 90
calendar days of the meeting.83 The guidance does not indicate that meeting minutes must be
published in advance of the committee’s next meeting date. A 2020 GAO report found that some
FACA committees did not comply with the statute’s minutes requirements, raising questions
about whether committees consistently comply with FACA’s transparency provisions.84
Open Meetings
For Congress and the public to be kept informed on the activities of advisory committees, FACA
provides that meetings be open and available to public inspection (see Table 12). GSA’s
discussion of meeting accessibility includes that any member of the public be permitted to file a
written statement with the advisory committee and to speak or address the advisory committee in
accordance with the agency’s guidelines. As described above, meetings consisting of preparatory
or administrative work do not have to comply with the open meeting requirements of FACA.
Closing a Meeting
FACA also permits advisory committees to close meetings in whole or in part in a manner
compatible with the Sunshine Act. The Sunshine Act includes 10 exemptions that allow
deliberations to be closed to the public.85 Similar to the exemptions contained in the Freedom of
Information Act (FOIA; 5 U.S.C. §552), the Sunshine Act’s exemptions allow meetings that

79 5 U.S.C. §1009; see also 41 C.F.R. §102-3.150.
80 5 U.S.C. §1009(c).
81 41 C.F.R. §102-3.165.
82 5 U.S.C. §1009(c).
83 41 C.F.R. §102-3.165(c).
84 GAO, Federal Advisory Committees: Actions Needed to Enhance Decision-Making Transparency and Cost Data
Accuracy, GAO-20-575, September 2020, pp. 16-20, at https://www.gao.gov/assets/gao-20-575.pdf.
85 5 U.S.C. §552b(c). For more information about the Sunshine Act, see CRS Report R47058, Access to Government
Information: An Overview, by Meghan M. Stuessy.
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might disclose, for example, trade secrets and commercial or financial information, to take place
behind closed doors.
Under the Sunshine Act, any member may request a vote on whether to close a meeting. The vote
must be recorded and the results made publicly available within one day of the vote being taken.86
The act also stipulates that the meeting notice indicate whether the meeting is to be open or
closed to the public.87
Table 12. Examples of Federal Register Meeting Notices
Citation
Language
88 Federal Register 76193
Department of Defense (DoD), Defense Advisory Committee on Women in the
Services; Notice of Federal Advisory Committee Meeting.
“The DoD is publishing this notice to announce that the following Federal Advisory
Committee meeting of the Defense Advisory Committee on Women in the Services
(DACOWITS) will take place. DATES: DACOWITS will hold an open to the public
meeting—Tuesday, December 5, 2023, from 8:00 a.m. to 3:00 p.m. (EST).”
89 Federal Register 3675
National Institutes of Health, Center for Scientific Review; Notice of Closed Meeting.
“The meetings will be closed to the public in accordance with the provisions set forth
in sections 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., as amended. The grant
applications and the discussions could disclose confidential trade secrets or
commercial property such as patentable material, and personal information concerning
individuals associated with the grant applications, the disclosure of which would
constitute a clearly unwarranted invasion of personal privacy.”
Source: CRS analysis of the Federal Register.
Note: Examples in this table are illustrative and are not a comprehensive list of all variations that may be found
in the Federal Register.
Meeting Accessibility and Virtual Formats
The Final Rule recognizes that meetings may be held in person or virtually. GSA stipulates that
virtual meetings, like those held in person, must comply with Section 504 of the Rehabilitation
Act of 1973, as amended, and be held at a reasonable time and in “a manner or place reasonably
accessible to the public.”88 When held in person, meeting rooms are to be sufficient to
accommodate committee members, staff, and a reasonable number of interested members of the
public.
As part of its public accessibility tenets, the Final Rule also requires that any member of the
public be permitted to file a written statement with the advisory committee. Members of the
public may address the committee if the agency’s guidelines permit it. If the meeting is held by
teleconference or virtually, the format must also meet these same requirements.89
Questions still remain regarding meeting accessibility. The Final Rule does not require agencies
to conduct meetings in specific formats. However, participation in meetings held in person may
be limited to individuals who can travel to the meeting, while virtual meetings may be limited to
those who are digitally literate and those who have internet access and appropriate hardware.

86 5 U.S.C. §552b(d)(3).
87 5 U.S.C. §552b(e)(1).
88 29 U.S.C. §791 et. seq., 41 C.F.R. §102-3.140.
89 41 C.F.R. §102-3.40(e).
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Additionally, current guidance does not require meetings to be hybrid (i.e., with in-person and
virtual options for participants), though this guidance does not prohibit an agency from doing so.
Even with virtual options, decisions on specific virtual meeting technologies (e.g.,
teleconferencing software) and procedures can affect participants and people with particular
accessibility needs differently. Though the Final Rule references Section 504 of the Rehabilitation
Act of 1973, Section 508, governing the accessibility of electronic and information technology,
may also apply.90
Committee Reports and Recommendations
Many advisory committees are required to generate a report or recommendations to the agency
head, Congress, or the President (see Table 13 for examples). Some committees may also be
required to make interim or annual reports. FACA itself does not require the creation of a
committee report but rather discusses how committees can provide their advice and
recommendations to the federal government.91 The establishing statute or directive may articulate
an advisory committee’s reporting requirements. If an advisory committee does create a report,
FACA requires that the reports be deposited with the Library of Congress to make them available
for public inspection and use.92
Because a federal advisory committee’s recommendations are strictly advisory in nature, the
committee cannot require federal action in response to its reports. However, in the case of a
presidential advisory committee, the President must submit a report to Congress detailing either
proposals for action or reasons for inaction on the recommendations contained in the advisory
committee’s public report.93 Advisory committees established by other methods do not have
similar statutory requirements.

90 For more information on Section 508, see CRS In Focus IF12093, The Accessibility of Federal Information and
Data: A Brief Overview of Section 508 of the Rehabilitation Act, by Natalie R. Ortiz.
91 5 U.S.C. §1008(b).
92 5 U.S.C. §1012.
93 5 U.S.C. §1005(b).
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Table 13. Examples of Statutory Language Requiring Committee Reports
Citation
Language
15 U.S.C. §9414(f)
Not later than 1 year after January 1, 2021, and not less frequently than once every 3 years
thereafter, the [National Artificial Intelligence] Advisory Committee shall submit to the
President, the Committee on Science, Space, and Technology, the Committee on Energy and
Commerce, the House Permanent Select Committee on Intelligence, the Committee on the
Judiciary, and the Committee on Armed Services of the House of Representatives, and the
Committee on Commerce, Science, and Transportation, the Senate Select Committee on
Intelligence, the Committee on Homeland Security and Governmental Affairs, the
Committee on the Judiciary, and the Committee on Armed Services of the Senate, a report
on the Advisory Committee’s findings and recommendations under subsection (d) and
subsection (e).
20 U.S.C. §9516(e) The Board [the National Board for Education Sciences] shall submit to the Director, the
Secretary, and the appropriate congressional committees, not later than July 1 of each year,
a report that assesses the effectiveness of the Institute in carrying out its priorities and
mission, especially as such priorities and mission relate to carrying out scientifically valid
research, conducting unbiased evaluations, collecting and reporting accurate education
statistics, and translating research into practice.
Source: CRS analysis of the U.S. Code.
Note: Examples in this table are illustrative and are not a comprehensive list of all variations that may be found
in statute.

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Author Information

Meghan M. Stuessy
Kathleen E. Marchsteiner
Analyst in Government Organization and
Senior Research Librarian
Management

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