Cybertelecom Federal Internet Law & Policy An Educational Project

Federal Advisory Councils

An Overview

Advisory committees have played an important role in shaping programs and policies of the federal government from the earliest days of the Republic. Since President George Washington sought the advice of such a committee during the Whiskey Rebellion of 1794, the contributions made by these groups have been impressive and diverse.

Through enactment of the Federal Advisory Committee Act (FACA) of 1972 (Public Law 92-463), the U.S. Congress formally recognized the merits of seeking the advice and assistance of our nation's citizens. At the same time, the Congress also sought to assure that advisory committees:

• Provide advice that is relevant, objective, and open to the public;
• Act promptly to complete their work; and
• Comply with reasonable cost controls and recordkeeping requirements.

Role of Federal Advisory Committees

With the expertise from advisory committee members, federal officials and the nation have access to information and advice on a broad range of issues affecting federal policies and programs. The public, in return, is afforded an opportunity to participate actively in the federal government's decision-making process.

Federal Agency Responsibility

Each federal agency that sponsors advisory committees must adhere to the requirements established by the FACA, as well as those administrative guidelines provided by the U.S. General Services Administration's (GSA) Committee Management Secretariat. GSA has had the responsibility for overseeing the FACA since 1977.

Complying with FACA

Any advisory group, with limited exceptions, that is established or utilized by a federal agency and that has at least one member who is not a federal employee, must comply with the FACA. To find out if a group comes under the FACA, any individual may contact the sponsoring agency's Committee Management Officer, or the GSA Committee Management Secretariat (see the last section "For More Information..." ).

Requirements for Establishing and Managing Advisory Committees

Under the Federal Advisory Committee Act, advisory committees can be created only when they are essential to the performance of a duty or responsibility conveyed upon the executive branch by law. Before committees can be set up, high-level officials within the sponsoring agency must review and approve the request. Once a committee is approved, a charter is prepared outlining the committee's mission and specific duties and forwarded to GSA's Committee Management Secretariat for final review. Following a required public notification period, and the filing of the charter with Congress, the committee may begin operation.

Committee Management Officer and Designated Federal Official

The Federal Advisory Committee Act also provides that each agency sponsoring a federal advisory committee must appoint a Committee Management Officer to oversee the administration of the Act's requirements.

In addition, a designated federal official must be assigned to each committee to:

• Call, attend, and adjourn committee meetings;
• Approve agendas;
• Maintain required records on costs and membership;
• Ensure efficient operations;
• Maintain records for availability to the public; and
• Provide copies of committee reports to the Committee Management Officer for forwarding to the Library of Congress.

Expiration of a Committee's Charter

Unless the renewal of a committee charter is justified under the FACA, the charter automatically expires after a two-year period (or as otherwise provided by law).

Advisory Committee Members

Federal advisory committee members are drawn from nearly every occupational and industry group and geographical section of the United States and its territories. The FACA requires that committee memberships be "fairly balanced in terms of the points of view represented and the functions to be performed."

As a result, members of specific committees often have both the expertise and professional skills that parallel the program responsibilities of their sponsoring agencies. In balancing committee memberships, agencies are expected to assure that major-and sometimes strongly opposing-viewpoints are represented to provide a foundation for developing advice and recommendations that are fair and comprehensive.

Appointing Committee Members

Agency officials, members of Congress, the general public, or professional societies or current and former committee members may nominate potential candidates for membership.

Selection of committee members is made based on the FACA's requirements and the potential member's background and qualifications. Final selection is made by the president or heads of agencies.

Prior to accepting an appointment with a federal advisory committee, each prospective member should meet with the appropriate agency Committee Management Officer and Designated Agency Ethics Official, to discuss duties and obligations, allowable expenses, and compensation limitations.

Federal Ethics and Conflict of Interest Laws

Agency officials must provide prospective advisory committee members with information regarding any applicable standards of conduct-including those imposed by federal conflict of interest statutes. In some instances, members may be subject to special limitations during the course of their service on an advisory committee. For some members, these restrictions also may apply (for limited periods) after their committee assignments have ended.

Some agencies may impose additional administrative requirements as well. To avoid potential conflicts, each advisory committee member should assure that he or she receives adequate information from the sponsoring agency and completes any required appointment papers and disclosure forms prior to service on a committee.

Oral briefings and other explanatory material may be obtained through the sponsoring agency's Committee Management Officer, Designated Agency Ethics Official, or from the Office of Government Ethics, which has governmentwide jurisdiction on federal ethics issues.

Limits on Membership Terms

Each agency sets limits (unless provided by law) on the lengths of terms for serving on advisory committees to allow for continually new membership.

Open Access to Committee Meetings and Operations

Under the provisions of the Federal Advisory Committee Act, federal agencies sponsoring advisory committees must:

• Arrange meetings for reasonably accessible and convenient locations and times;
• Publish adequate advance notice of meetings in the Federal Register ;
• Open advisory committee meetings to the public (with some exceptions-see the section on "Government in the Sunshine Act" below);
• Make available for public inspection, subject to the Freedom of Information Act, papers and records, including detailed minutes of each meeting; and
• Maintain records of expenditures.

Government in the Sunshine Act

Advisory committee meetings may be closed or partially closed to the public based upon provisions of the Government in the Sunshine Act of 1976 (Public Law 94-409). Examples of meetings that may be closed under the FACA are:

• Those including discussions of classified information;
• Reviews of proprietary data submitted in support of Federal grant applications; and
• Deliberations involving considerations of personnel privacy.

Today, an average of 1,000 advisory committees with more than 40,000 members advise the President and the Executive Branch on such issues as the disposal of high-level nuclear waste, the depletion of atmospheric ozone, the national fight against Acquired Immune Deficiency Syndrome (AIDS), and on efforts to rid the Nation of illegal drugs or to improve schools, highways, and housing, and on other major programs.

President's Council of Advisors on Science and Technology  (PCAST)

• There has been some online discussion that the PCAST charter has not been renewed. This is not confirmed.
• PCAST RELEASES FIRST REPORT ON NANOTECHNOLOGY R&D, OSTP 5/21/2005
• PCAST June 29, 2004, Meeting Agenda and Registration, OSTP 6/17/2004
• June 12, 2002 meeting
• For more information on PCAST, please contact the Executive Director, Stan Sokul, at (202) 456-6070 or ssokul@ostp.eop.gov.

• "On November 23, 1993, President Clinton established by Executive Order 12882 the President's Committee of Advisors on Science and Technology (PCAST). The responsibilities of PCAST are as follows:

       To advise the President on issues involving science and technology and their roles in achieving national goals.
       To assist the National Science and Technology Council (NSTC) in securing private sector participation in its activities.

"PCAST consists of 19 members, one of whom is the Assistant to the President on Science and Technology, and 18 of whom are distinguished individuals from non-Federal sectors.  The President appoints all members.  PCAST members have established track records of significant achievement and are representative of the diverse perspectives and expertise in the U.S. science and technology establishment.

"PCAST advises the President through the Assistant to the President for Science and Technology. The Committee also serves as a formal channel for private sector advice to NSTC.  NSTC is a cabinet-level council chaired by the President that coordinates research and development policies and  activities across federal agencies.  PCAST ensures that the private sector perspective is included in that policy-making process.

"The Committee reports to the President through the Assistant to the President for Science and Technology, with its term expiring on September 30, 1999 (Executive Order 13062, section 1(g)).  PCAST will meet at such times as the President and Assistant to the President for Science and Technology deem appropriate. "  Source OSTP Factsheet

President's Information Technology Advisory Committee

"The President’s Information Technology Advisory Committee (PITAC) is appointed by the President to provide independent expert advice on maintaining America’s preeminence in advanced information technology (IT). PITAC members are IT leaders in industry and academia with expertise relevant to critical elements of the national IT infrastructure such as high-performance computing, large-scale networking, and high-assurance software and systems design. The Committee’s studies help guide the Administration’s efforts to accelerate the development and adoption of information technologies vital for American prosperity in the 21st century.

"Chartered by Congress under the High-Performance Computing Act of 1991 (Public Law 102-194 ) and the Next Generation Internet Act of 1998 (Public Law 105-305) and formally renewed through Presidential Executive Orders, PITAC is a Fderally chartered advisory committee operating under the Federal Advisory Committee Act (FACA) (Public Law 92-463) and other Federal laws governing such activities."

-- CyberSecurity: A Crisis of Prioritization, Report to the President (Feb. 2005)

FCC Councils

• North American Numbering Council FCC
• Consumer Disability Telecommunications Advisory Committee FCC
• Network Reliability and Interoperability Council FCC
• Technical Advisory Council

• FCC Website

Rapid advances in technology have resulted in innovations in how telecommunications services are provided to, and are accessed by, users of those services. Many of these advances are increasing the rate of convergence among categories of services that have traditionally been viewed as distinct, such as cable television services, telephony, data services, and internet services. Regulations must be examined in light of these technology advances, and the Federal Communications Commission ("FCC") must remain abreast of new developments in technology so that it can effectively fulfill its responsibilities under the Communications Act.

• The purpose of the TAC is to provide technical advice to the Federal Communications Commission and to make recommendations on the issues and questions presented to it by the FCC. The TAC will address questions referred to it by the FCC Chairman, or by the FCC Chief Technologist or Chief Engineer. The questions referred to the TAC will be directed to technological and technical issues in the field of communications.

• Subgroups
  • Spectrum Management
  • Network Access
  • Accessibility for Disabled Persons
• Released: 07/19/2005. THE FCC'S TECHNOLOGICAL ADVISORY COUNCIL WILL HOLD A MEETING, THURSDAY, JULY 28, 2005. (DA No. 05-2039). OET. Contact: Jeffery Goldthorp at (202) 418-1096, email: Jeffery.Goldthorp@fcc.gov, FCC 7/19/2005
• Technology Advisory Committee Notice of Meeting, FCC 7/8/2005
• Technological Advisory Council Members and Meeting Dates Under its Renewed Charter., FCC 4/5/2005
• TAC Notice of public meeting, Fed Reg 9/29/2004
• Technological Advisory Council to Hold Meeting, Wednesday, October 27, 2004., FCC 10/15/2004
• Technology Advisory Committee, FCC 7/13/2004
• Technological Advisory Council ("TAC") To Hold Meeting on April 23, 2004., FCC 4/14/2004
• FCC TAC Notice April 23, Fed Reg 4/6/2004
• Technological Advisory Council ("TAC") to Hold Meeting Friday, January 23, 2004., FCC 1/8/2004
• FCC TAC Meets Jan 23, Fed Reg 12/19/2003
• Technological Advisory Council ("TAC") to Hold Meeting, Monday, July 7, 2003., FCC 6/19/03
• Released: 08/23/2002. TECHNOLOGICAL ADVISORY COUNCIL TO HOLD MEETING ON SEPTEMBER 18, 2002 AT 10 A.M. IN THE COMMISSION MEETING.. (DA No. 02-2083). OET. Contact: Jeffery Goldthorp at (202) 418-1096 TTY (202) 418-2989 FAX (202) 418-1944, jgoldtho@fcc.gov, FCC 9/4/02
• Released: June 23, 2000. TECHNOLOGICAL ADVISORY COUNCIL TO HOLD FIFTH MEETING. (DA No. 00-1351). Contact: Office of Engineering and Technology: Kent Nilsson at (202) 418-0845, TTY: (202) 418-2989
• Mar 24. FCC's Technical Advisory Committee 4th meeting
• Released: February 25, 2000. TECHNOLOGICAL ADVISORY COUNCIL TO HOLD FOURTH MEETING.Contact: Kent Nilsson 202-418-2989. (DA No. 00-376).
• FCC Announces Formation of the Technical Advisory Council.  First Meeting April 30, 1999, 10am Commission Meeting Room.  Public Notice | Technological Advisory Council Homepage |
• Public Notice Released: February 25, 2000. TECHNOLOGICAL ADVISORY COUNCIL TO HOLD FOURTH MEETING.Contact: Kent Nilsson 202-418-2989. (DA No. 00-376).
• Technological Advisory Council ("TAC") to Hold Meeting, Wednesday, October 25, 2006., FCC 10/20/2006

 

DHS Councils

• Homeland Security Science and Technology Advisory Committee (HSSTAC)
• National Infrastructure Advisory Council DHS
• NSTAC

Law

• Federal Advisory Council Act
• Federal Advisory Committee Act
• FCC The Federal Advisory Committee Act (FACA) -- a Primer

Links

• GSA Management of Federal Advisory Committees