What is an Advisory Committee?

An advisory committee is any committee, board, commission, council, conference, panel, task force, or other similar group, or any subcommittee or other subgroup thereof that is established by statute or reorganization plan, established or utilized by the President, or one or more agencies, in the interest of obtaining advice or recommendations for the President or one or more agencies or officers of the Federal Government.

 In this context, a "utilized" group is one that is organized directly by the Federal Government, or is closely tied to, or controlled largely by, the Federal Government.

The Federal Advisory Committee Act specifically excludes from the definition of advisory committees:

• Any committee that is composed wholly of full-time officers or employees of the Federal Government
• Any local civic group whose primary function is that of rendering a public service with respect to a Federal program
• Any State or local committee, council, board, commission or similar group established to advise or make recommendations to State or local officials or agencies.

Section 204(b) of the Unfunded Mandates Reform Act of 1995 (Public Law 104-4) provides that the Federal Advisory Committee Act does not apply to actions in support of intergovernmental communications where:

• Meetings are held exclusively between Federal officials and selected officers of State, local, and tribal governments (or their designated employees with authority to act on their behalf) acting in their official capacities, and
• such meetings are solely for the purposes of exchanging views, information, or advice relating to the management or implementation of Federal programs established pursuant to public law that explicitly or inherently share intergovernmental responsibilities or administration.

In addition to the above, which are explicitly exempted by statutory language, the General Service Administration's guidelines contain several examples of meetings or groups that are not covered by FACA. See the General Service Administration FACA website. For an interpretation of the guidelines and to discover potential FACA problems, consultation with the Office of the Solicitor is necessary.

Except as provided by statute, regulation, or other Department of the Interior directive, the authority to establish, utilize, renew, abolish, or appoint members to advisory committees is reserved by the Secretary of the Interior and exercised only by him. (See Departmental Manual, 308 DM 2.2A and the Fish and Wildlife Service Manual, 107 FW 1.)

No advisory committee can meet or take any action until a charter has been filed with the standing committees of the Senate and House of Representatives that have legislative jurisdiction over the Department of the Interior; the Library of Congress; and the Committee Secretariat, General Services Administration. Charters must be filed upon establishment or renewal of advisory committees. (See the Fish and Wildlife Service Manual, 107 FW 2.)

All advisory committees require rechartering by the filing of a new charter every 2 years. Charters will contain the mandatory and optional items specified in the Departmental Manual (308 DM 2) and the Fish and Wildlife Service Manual (107 FW 2). Renewals of advisory committees will be processed as though they were being initially established. Renewal documents must be processed at least 3 months prior to charter expiration.

Detailed minutes of each advisory committee meeting must be kept. Minutes must include the time, date, and place of the meeting; list of members, staff, agency employees, and members of the public who were present; an accurate description of each matter discussed and the resolution; and copies of each report or other document received, issued, or approved by the committee. (See the Fish and Wildlife Service Manual, 107 FW 4)

All advisory committee meetings must be open to the public except when a closed meeting is determined proper and consistent with the provisions of the Government in the Sunshine Act. Any proposal to close or restrict an advisory committee meeting must be reviewed and approved by the Office of the Solicitor prior to final determination by the Director. (See the Fish and Wildlife Service Manual, 033 FW 1 and 107 FW 4).