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Federal Advisory Committee Act

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Definition

The Federal Advisory Committee Act (FACA) is a United States law enacted in 1972 that governs the behavior and operation of federal advisory committees. Its primary aim is to ensure transparency and public accountability in the process of obtaining advice and recommendations from outside experts, while also addressing potential conflicts of interest among committee members.

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5 Must Know Facts For Your Next Test

  1. FACA requires that advisory committees be established through a formal charter, which must outline their purpose, membership, and procedures.
  2. The Act mandates that meetings of federal advisory committees be open to the public, with notices published in the Federal Register.
  3. Members of advisory committees are prohibited from receiving compensation beyond their regular government salaries to avoid conflicts of interest.
  4. FACA applies to any committee that is established by statute or by the President that provides advice or recommendations to federal agencies.
  5. Agencies must ensure that advisory committees reflect a balance of viewpoints to avoid bias and ensure fair representation in their recommendations.

Review Questions

  • How does the Federal Advisory Committee Act promote transparency and accountability within federal agencies?
    • The Federal Advisory Committee Act promotes transparency by requiring that all meetings of advisory committees be open to the public, with prior notice given in the Federal Register. This allows citizens to observe the discussions and decision-making processes that influence government policies. Additionally, the Act mandates formal charters for these committees, ensuring that their purpose and operations are clearly defined and publicly accessible, thereby enhancing accountability.
  • In what ways does FACA address potential conflicts of interest among advisory committee members?
    • FACA addresses potential conflicts of interest by prohibiting committee members from receiving additional compensation beyond their government salaries for their advisory roles. This helps to mitigate any financial incentives that might influence their recommendations. Additionally, the Act encourages agencies to select members with diverse viewpoints to minimize biases and ensures that no single perspective dominates the advice given to federal agencies.
  • Evaluate the impact of the Federal Advisory Committee Act on the relationship between federal agencies and external experts, considering both benefits and challenges.
    • The Federal Advisory Committee Act has significantly shaped the relationship between federal agencies and external experts by fostering a structured framework for collaboration. The benefits include improved transparency, enhanced public trust, and access to specialized knowledge from a diverse range of experts. However, challenges may arise in balancing the need for expert advice with compliance requirements under FACA, such as managing public expectations and navigating bureaucratic processes that can slow down decision-making.

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