Federal Advisory Committees: An Introduction and Overview

Summary

Federal advisory committees—which may also be labeled as commissions, councils, or task forces—are established to assist the executive branch in deliberating and, in some cases, helping to solve complex or divisive issues. Congress, the President, or an agency head may establish a federal advisory committee to render independent advice or provide policy recommendations.

In 1972, Congress enacted the Federal Advisory Committee Act (FACA; 5 U.S.C. Appendix—Federal Advisory Committee Act; 86 Stat. 770, as amended), prompted by the perception that some advisory committees were duplicative, inefficient, and lacked adequate oversight. FACA mandates certain structural and operational requirements, including formal reporting and oversight procedures. Additionally, FACA requires committee meetings be open to the public, unless they meet certain requirements. Also, FACA committee records are to be accessible to the public. Pursuant to statute, the General Services Administration (GSA) maintains and administers management guidelines for federal advisory committees.

During FY2014, 989 active federal advisory committees reported a total of 68,179 members. Federal operating costs for those committees was reported as $334,538,221, of which $192,458,943 (57.5%) was spent on federal support staff.

For Congress, several aspects of federal advisory committees may command attention. For example, Congress can

require the establishment of new federal advisory committees;

oversee the operations of existing advisory committees; and

legislate changes to the requirements of FACA or the ethics responsibilities placed on members who serve on FACA committees.

This report offers a history of FACA, examines its current requirements, and provides data on federal advisory committees operations and costs.

To date in the 114th Congress (2015-2016), one bill has been introduced that would amend FACA’s implementation and administration. H.R. 2347, the Federal Advisory Committee Act Amendments of 2015, would create a formal process for the public to recommend potential advisory committee members and require member selection without regard to their partisan affiliation. In addition, H.R. 2347 seeks to clarify the ethics requirements placed on committee members, and would increase records access requirements. On May 15, 2015, H.R. 2347 was concurrently referred to the House Committee on Oversight and Government Reform and the House Committee on Ways and Means. No further action has been taken on the bill.