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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> |
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| | + | In addition to the requirement of prior notice of public meetings, FACA further mandates that every FACA committee has: |
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| | + | "(1) contain a clearly defined purpose for the advisory committee," 5 U.S.C. app. § 5(b)(1); |
| | + | <br>"(2) require the membership of the advisory committee to be fairly balanced in terms of the points of view represented and the functions to be performed by the advisory committee," 5 U.S.C. app. § 5(b)(2); |
| | + | <br>"(3) contain appropriate provisions to assure that the advice and recommendations of the advisory committee will not be inappropriately influenced by the appointing authority or by any special interest, but will instead be the result of the advisory committee’s independent judgment," 5 U.S.C. app. § 5(b)(3); |
| | + | <br>"(4) contain provisions dealing with authorization of appropriations, the date for submission of reports (if any), the duration of the advisory committee, and the publication of reports and other materials, to the extent that the standing committee determines the provisions of section 10 of this Act to be inadequate," 5 U.S.C. app. § 5(b)(4); and |
| | + | <br>"(5) contain provisions which will assure that the advisory committee will have adequate staff (either supplied by an agency or employed by it), will be provided adequate quarters, and will have funds available to meet its other necessary expenses," 5 U.S.C. app. § 5(b)(5). |
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| | 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]]. | | 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]]. |