Summary of the Federal Advisory Committee Act and Implementing Regulations

The Federal Advisory Committee Act (FACA)⁽¹⁾ applies to any advisory committee established or utilized by one or more agencies in the interest of obtaining advice or recommendations for federal agencies.⁽²⁾ The Act states that new advisory committees should be established only when they are determined to be essential.⁽³⁾ Specifically, FACA requires that these committees must have functions which cannot be performed by Commission staff or by an existing committee; must be in the public interest in connection with the performance of duties imposed on the Commission by law; must advise only (actual determinations must be made by the Commission); and must be terminated when they no longer carry out their designated purpose.⁽⁴⁾ An advisory committee created under FACA must have a membership fairly balanced in terms of the points of view represented.⁽⁵⁾ Under FACA, advisory committees are not considered to be in effect until a charter for the committee has been filed with Congress.⁽⁶⁾

Additionally, under FACA, meetings must be open to the public, detailed meeting minutes prepared and a designated federal official present at all meetings.⁽⁷⁾ General Service Administration regulations implementing FACA set out specific requirements for publishing announcements establishing the committee and scheduled meetings, including meeting agendas, in the Federal Register.⁽⁸⁾ For example, announcements of a meeting and meeting agenda must be published at least 15 days prior to the meeting,⁽⁹⁾ and only under exceptional circumstances may this period be shortened.⁽¹⁰⁾ Announcements of committee establishment must be published in the Federal Register at least 15 days before the committee charter is filed with Congress, but waiver for a shorter period is permissible. ⁽¹¹⁾ GSA approved a waiver of this requirement for the NANC. The NANC's charter was filed with Congress on October 5, 1995, and we have received permission to publish the establishment notice concurrently with the meeting notice. We intend to publish this dual purpose at least 15 days prior to the NANC's first meeting on October 1, 1996.

Both FACA and the implementing GSA regulations also set out specific reporting requirements, both annual⁽¹²⁾ and periodic (transcripts, meeting minutes, etc).⁽¹³⁾ Each advisory committee is responsible for keeping records, transcripts, minutes, appendices, and working papers and for making them available for public inspection. Each advisory committee is also responsible for keeping detailed records of certain information which the agency's Committee Management Officer (CMO) uses to prepare the agency's annual Advisory Committee Report and Management Plan. The required information includes, for example: the committee name; the date of and authority for creation of the committee; the committee's termination date or date it is to make a report; the committee's functions; reference to the reports the committee has submitted; a statement of whether the committee is an ad hoc or continuing body; the dates of committee meetings; names and occupations of current members; and the total estimated annual cost to the U.S. to fund, service, supply, and maintain the committee. The FCC's CMO will provide each advisory committee with a form to complete which will ask for such information as listed above. In addition, each advisory committee is responsible for completing time and expense logs.

1. Federal Advisory Committee Act, 5 U.S.C., App. (1988) (FACA).

2. See id. at 4(a) and 3 (2)(C).

3. See id. at 2 (b)(2).

4. See id.

5. See id. at 5 (b)(2).

6. See id. at 9(c).

7. See id. at 10.

8. See 41 C.F.R. 101-6.1015.

9. See id at 101-6.1015 (b)(1).

10. See id at 101-6.1015 (b)(2). The reasons for shortening the period must be explicitly stated in the published committee meeting notice.

11. See id. at 101-6.1015 (a)(2).

12. See FACA at 7(b) and 6(c); 41 C.F.R. at 101-6.1035

13. See FACA at 8(b) and 10(b),(c), and 41 C.F.R. at 101-6.1025(a).