Difference between revisions of "FACA"
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Enacted in 1972, FACA supposedly ensures that advice by such committees be objective and transparent to the public. FACA created the Committee Management Secretariat to oversee compliance, and in 1976, Executive Order 12024 delegated from the president to the administrator of GSA all presidential responsibilities for FACA implementation.<ref>https://www.gsa.gov/policy-regulations/policy/federal-advisory-committee-act-faca-management-overview</ref> | Enacted in 1972, FACA supposedly ensures that advice by such committees be objective and transparent to the public. FACA created the Committee Management Secretariat to oversee compliance, and in 1976, Executive Order 12024 delegated from the president to the administrator of GSA all presidential responsibilities for FACA implementation.<ref>https://www.gsa.gov/policy-regulations/policy/federal-advisory-committee-act-faca-management-overview</ref> | ||
| − | A total of 308 reported decisions -- 300 of which are in federal rather than state court -- discussed FACA as of May 20, 2022. Only two [[U.S. Supreme Court]] decisions have addressed FACA: Public Citizen v. United States Dep't of Justice, 491 U.S. 440 (1989) (FACA not apply to ABA committee advising on nominations by the president to the federal judiciary) and Cheney v. United States Dist. Court, 542 U.S. 367, 385 (2004) (even if "FACA's statutory objectives would be to some extent frustrated, it does not follow that a court's Article III authority or Congress' central Article I powers would be impaired"). | + | A total of 308 reported decisions -- 300 of which are in federal rather than state court -- discussed FACA as of May 20, 2022. Only two [[U.S. Supreme Court]] decisions have addressed FACA: ''Public Citizen v. United States Dep't of Justice'', 491 U.S. 440 (1989) (FACA not apply to ABA committee advising on nominations by the president to the federal judiciary) and ''Cheney v. United States Dist. Court'', 542 U.S. 367, 385 (2004) (even if "FACA's statutory objectives would be to some extent frustrated, it does not follow that a court's Article III authority or Congress' central Article I powers would be impaired"). A total of 73 of the FACA decisions have been by a federal court of appeals, 46 of which have been by the [[D.C. Circuit]]. |
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== References == | == References == | ||
{{reflist}} | {{reflist}} | ||
[[category:administrative Law]] | [[category:administrative Law]] | ||
[[category:government]] | [[category:government]] | ||
Revision as of 04:21, May 21, 2022
The Federal Advisory Committee Act (FACA) is a federal law requiring a high degree of transparency for governmental committees that include non-government workers, if they advise agencies or the president.
Enacted in 1972, FACA supposedly ensures that advice by such committees be objective and transparent to the public. FACA created the Committee Management Secretariat to oversee compliance, and in 1976, Executive Order 12024 delegated from the president to the administrator of GSA all presidential responsibilities for FACA implementation.[1]
A total of 308 reported decisions -- 300 of which are in federal rather than state court -- discussed FACA as of May 20, 2022. Only two U.S. Supreme Court decisions have addressed FACA: Public Citizen v. United States Dep't of Justice, 491 U.S. 440 (1989) (FACA not apply to ABA committee advising on nominations by the president to the federal judiciary) and Cheney v. United States Dist. Court, 542 U.S. 367, 385 (2004) (even if "FACA's statutory objectives would be to some extent frustrated, it does not follow that a court's Article III authority or Congress' central Article I powers would be impaired"). A total of 73 of the FACA decisions have been by a federal court of appeals, 46 of which have been by the D.C. Circuit.