Federal
Advisory
Committee
Act
Federal
Advisory
Committee
Act
Overview
Overview
Marilyn
Marilyn
Kuray
Kuray
Attorney
Attorney
EPA
Office
of
General
Counsel
EPA
Office
of
General
Counsel
June
21,
2005
June
21,
2005
Federal
Advisory
Committee
Act
Federal
Advisory
Committee
Act
°
"
FACA"

FACA"

°
Enacted
in
1972
Enacted
in
1972
°
Established
a
system
governing
the
creation,

Established
a
system
governing
the
creation,

operation,
and
termination
of
Executive
operation,
and
termination
of
Executive
Branch
advisory
committees
Branch
advisory
committees
Purpose
of
FACA
Purpose
of
FACA
°
Provide
a
structure
for
the
establishment
of
Provide
a
structure
for
the
establishment
of
groups
to
provide
advice
to
the
Federal
groups
to
provide
advice
to
the
Federal
government
government
°
Maximize
public
access
to
advisory
committee
Maximize
public
access
to
advisory
committee
deliberations
and
minimize
the
influence
of
deliberations
and
minimize
the
influence
of
special
interest
groups
special
interest
groups
°
Reduce
wasteful
expenditures
Reduce
wasteful
expenditures
General
FACA
Requirements
General
FACA
Requirements
°
Provide
advice
and
recommendations
Provide
advice
and
recommendations
 
do
not
do
not
make
decisions
make
decisions
°
Advisory
committees
are
to
be
Advisory
committees
are
to
be
fairly
balanced
fairly
balanced
in
in
terms
of
the
points
of
view
represented
and
the
terms
of
the
points
of
view
represented
and
the
functions
to
be
performed
functions
to
be
performed
°
The
recommendations
of
an
advisory
committee
The
recommendations
of
an
advisory
committee
are
to
be
the
result
of
the
committee's
are
to
be
the
result
of
the
committee's
independent
judgment
independent
judgment
General
Requirements
General
Requirements
°
A
Designated
Federal
Officer
(
DFO)
must
be
Designated
Federal
Officer
(
DFO)
must
be
appointed
for
each
committee.
The
DFO
appointed
for
each
committee.
The
DFO
approves
all
meetings
and
agendas
and
attends
approves
all
meetings
and
agendas
and
attends
all
meetings
all
meetings
°
The
committee
may
not
meet
if
the
DFO
or
The
committee
may
not
meet
if
the
DFO
or
designee
is
not
present
designee
is
not
present
°°
Any
advisory
committee
meeting
conducted
in
Any
advisory
committee
meeting
conducted
in
whole
or
part
by
a
teleconference,

whole
or
part
by
a
teleconference,

videoconference,
the
Internet,
or
other
videoconference,
the
Internet,
or
other
electronic
medium
must
meet
the
FACA
electronic
medium
must
meet
the
FACA
requirements
requirements
Charters
Charters
°
The
committee's
charter
must
be
filed
with
The
committee's
charter
must
be
filed
with
Congress
Congress
before
before
the
committee
can
meet
or
the
committee
can
meet
or
conduct
any
business
conduct
any
business
°
The
charter
sets
out
the
scope
of
activity
and
The
charter
sets
out
the
scope
of
activity
and
objectives
of
the
committee
as
well
as
objectives
of
the
committee
as
well
as
membership,
frequency
of
meetings
and
membership,
frequency
of
meetings
and
funding.

funding.
Requirements
for
Meetings
Requirements
for
Meetings
°
Advisory
committee
meetings
are
required
to
be
Advisory
committee
meetings
are
required
to
be
open
open
to
the
public,
with
to
the
public,
with
limited
exceptions
limited
exceptions.

°
Meeting
notices
and
agendas
must
be
published
Meeting
notices
and
agendas
must
be
published
in
the
Federal
Register
at
least
15
days
before
in
the
Federal
Register
at
least
15
days
before
the
meeting.

the
meeting.

°
Any
member
of
the
public
is
permitted
to
file
a
Any
member
of
the
public
is
permitted
to
file
a
written
statement
with
the
advisory
committee
written
statement
with
the
advisory
committee.
Requirements
for
Meetings
Requirements
for
Meetings
°
Any
member
of
the
public
may
provide
oral
Any
member
of
the
public
may
provide
oral
comments
comments
°
Amount
of
time
provided
for
comments
may
be
Amount
of
time
provided
for
comments
may
be
limited
limited
°
Advisory
committee
meetings
must
be
held
at
Advisory
committee
meetings
must
be
held
at
a
reasonable
time
and
in
a
manner
or
place
a
reasonable
time
and
in
a
manner
or
place
reasonably
accessible
to
the
public,
to
include
reasonably
accessible
to
the
public,
to
include
facilities
that
are
readily
accessible
to
and
facilities
that
are
readily
accessible
to
and
usable
by
persons
with
disabilities
usable
by
persons
with
disabilities
Requirements
for
Meetings
Requirements
for
Meetings
°
Detailed
minutes
Detailed
minutes
of
each
advisory
committee
of
each
advisory
committee
meeting
must
be
kept
and
certified
by
the
chair
meeting
must
be
kept
and
certified
by
the
chair
as
accurate
as
accurate
 
Record
of
persons
present
Record
of
persons
present
 
Complete
and
accurate
description
of
matters
Complete
and
accurate
description
of
matters
discussed
and
conclusions
reached
discussed
and
conclusions
reached
 
Copies
of
all
reports
issued,
received
or
Copies
of
all
reports
issued,
received
or
approved
by
the
committee
approved
by
the
committee
Document
Requirements
Document
Requirements
°
All
documents
prepared
by
or
for
or
presented
to
All
documents
prepared
by
or
for
or
presented
to
the
chartered
committee
must
be
available
for
the
chartered
committee
must
be
available
for
public
inspection
and
copying
(
subject
to
FOIA)

public
inspection
and
copying
(
subject
to
FOIA)

°
Includes
drafts,
reports,
transcripts,
minutes,

Includes
drafts,
reports,
transcripts,
minutes,

working
papers,
studies,
agenda
or
other
working
papers,
studies,
agenda
or
other
documents
prepared
by
or
for
or
presented
to
the
documents
prepared
by
or
for
or
presented
to
the
full
committee
full
committee
Document
Requirements
Document
Requirements
°
Materials
shared
with
one
or
two
other
Materials
shared
with
one
or
two
other
members
do
not
become
committee
members
do
not
become
committee
materials
that
must
be
provided
to
the
materials
that
must
be
provided
to
the
public.
If,
however,
such
materials
are
public.
If,
however,
such
materials
are
provided
to
the
entire
committee
for
its
provided
to
the
entire
committee
for
its
consideration,
the
materials
must
be
made
consideration,
the
materials
must
be
made
available
to
the
public
available
to
the
public
Membership
Membership
°
Members
are
appointed
and
may
be
removed
by
Members
are
appointed
and
may
be
removed
by
the
EPA
Administrator
or
his
designee
the
EPA
Administrator
or
his
designee
°
Members
serve
at
the
discretion
of
the
Members
serve
at
the
discretion
of
the
Administrator
Administrator
Representative
vs.
Special
Representative
vs.
Special
Government
Employee
Government
Employee
°
Representative
members
are
not
subject
to
the
Representative
members
are
not
subject
to
the
government
ethics
laws
government
ethics
laws
°
SGEs
SGEs
are
subject
to
ethics
rules
are
subject
to
ethics
rules
 
Must
submit
financial
disclosure
Must
submit
financial
disclosure
documentation
annually
documentation
annually
 
Must
have
ethics
training
each
year
Must
have
ethics
training
each
year
 
Do
not
represent
a
group,
but
provide
Do
not
represent
a
group,
but
provide
independent
independent
advice
advice
Limitations
Limitations
°
Advisory
Committees
provide
only
advice
and
Advisory
Committees
provide
only
advice
and
recommendations
recommendations
°
Decisionmaking
Decisionmaking
and
implementation
authority
and
implementation
authority
remains
with
EPA
remains
with
EPA
°
The
DFO
has
the
authority
to
close
a
meeting
The
DFO
has
the
authority
to
close
a
meeting
when
it
is
in
the
public
interest
to
do
so
when
it
is
in
the
public
interest
to
do
so
EPA
Policy
on
EPA
Policy
on
Subcommittees
Subcommittees
°
Follow
all
of
Follow
all
of
FACA's
FACA's
openness
requirements
(
open
openness
requirements
(
open
meetings,
timely
public
notice
of
meetings,
document
meetings,
timely
public
notice
of
meetings,
document
availability,
etc.)
and
balanced
membership
requirement
availability,
etc.)
and
balanced
membership
requirement
°
Report
their
recommendations
to
the
chartered
Report
their
recommendations
to
the
chartered
committee
committee
°
The
chartered
committee
must
discuss
and
deliberate
on
The
chartered
committee
must
discuss
and
deliberate
on
the
subcommittee
recommendations
(
may
not
be
a
the
subcommittee
recommendations
(
may
not
be
a
"
rubber
stamp")

"
rubber
stamp")

°
A
DFO
usually
is
assigned
to
and
attends
all
A
DFO
usually
is
assigned
to
and
attends
all
subcommittee
meetings
subcommittee
meetings
Work
Groups
Work
Groups
°
A
group
made
up
of
only
a
few
committee
members
to
A
group
made
up
of
only
a
few
committee
members
to
analyze
relevant
issues
and
facts,
draft
proposed
analyze
relevant
issues
and
facts,
draft
proposed
position
papers,
or
conduct
research
(
often
include
position
papers,
or
conduct
research
(
often
include
individuals
who
are
not
members
of
the
chartered
individuals
who
are
not
members
of
the
chartered
committee)

committee)

°
Exempt
from
Exempt
from
FACA's
FACA's
openness
and
balance
openness
and
balance
requirements,
but
EPA
encourages
working
groups
to
requirements,
but
EPA
encourages
working
groups
to
hold
open
meetings
and
balance
membership
where
hold
open
meetings
and
balance
membership
where
feasible
feasible
°
Documents
are
available
to
the
public
under
FACA
only
if
Documents
are
available
to
the
public
under
FACA
only
if
they
are
presented
to
the
chartered
committee
they
are
presented
to
the
chartered
committee
Limitations
Limitations
°
Subcommittees
and
Working
Groups
may
not
Subcommittees
and
Working
Groups
may
not
advise
EPA
directly;
must
work
through
the
advise
EPA
directly;
must
work
through
the
chartered
committee
chartered
committee
°
EPA
staff
may
not
rely
on
advice
prior
to
its
EPA
staff
may
not
rely
on
advice
prior
to
its
being
forwarded
to
EPA
as
the
recommendation
being
forwarded
to
EPA
as
the
recommendation
of
the
chartered
committee
of
the
chartered
committee
Lobbying
Lobbying
°
Members
may
not
lobby
Congress
in
their
Members
may
not
lobby
Congress
in
their
capacity
as
an
advisory
committee
member
capacity
as
an
advisory
committee
member
°
While
on
EPA
While
on
EPA­
paid
travel,
members
should
not
paid
travel,
members
should
not
contact
or
lobby
Congress
on
the
days
he/
she
is
contact
or
lobby
Congress
on
the
days
he/
she
is
performing
FACA
performing
FACA­
related
duties
related
duties
Lobbying
Lobbying
°
EPA
employees
may
not
encourage
members
to
EPA
employees
may
not
encourage
members
to
lobby
Congress
lobby
Congress
°
Members
may
not
develop
strategies
for
Members
may
not
develop
strategies
for
lobbying
Congress
during
an
advisory
committee
lobbying
Congress
during
an
advisory
committee
meeting
or
using
advisory
committee
funds
meeting
or
using
advisory
committee
funds
Privilege
Privilege
°
Documents
created
by
or
for
an
advisory
Documents
created
by
or
for
an
advisory
committee
are
not
privileged
or
confidential
committee
are
not
privileged
or
confidential
°
Generally,
other
documents
provided
to
the
Generally,
other
documents
provided
to
the
FACA
also
are
not
privileged
or
confidential
FACA
also
are
not
privileged
or
confidential
°
If
confidential
or
privileged
materials
are
If
confidential
or
privileged
materials
are
provided
to
the
committee,
the
DFO
will
provided
to
the
committee,
the
DFO
will
notify
the
members
and
inform
them
of
notify
the
members
and
inform
them
of
confidentiality
procedures
confidentiality
procedures
