| | Our precedent confirms that FACA does not apply to subgroups that merely provide advice or recommendations independently evaluated by a parent advisory committee. In National Anti-Hunger Coalition v. Executive Committee of the President's Private Sector Survey on Cost Control, 711 F.2d 1071, 229 U.S. App. D.C. 143 (D.C. Cir. 1983), we held that task forces advising an advisory committee, but "not providing advice directly to the President or any agency," were not covered advisory committees. Id. at 1075 (cleaned up). Then, in Association of American Physicians & Surgeons, Inc. v. Clinton, 997 F.2d 898, 302 U.S. App. D.C. 208 (D.C. Cir. 1993) (AAPS), we confirmed that FACA applies to the group that "gives the advice to the government," but not to the "subordinate advisers or consultants who are presumably under the control of the superior groups." Id. at 913. Both decisions are instructive. | | Our precedent confirms that FACA does not apply to subgroups that merely provide advice or recommendations independently evaluated by a parent advisory committee. In National Anti-Hunger Coalition v. Executive Committee of the President's Private Sector Survey on Cost Control, 711 F.2d 1071, 229 U.S. App. D.C. 143 (D.C. Cir. 1983), we held that task forces advising an advisory committee, but "not providing advice directly to the President or any agency," were not covered advisory committees. Id. at 1075 (cleaned up). Then, in Association of American Physicians & Surgeons, Inc. v. Clinton, 997 F.2d 898, 302 U.S. App. D.C. 208 (D.C. Cir. 1993) (AAPS), we confirmed that FACA applies to the group that "gives the advice to the government," but not to the "subordinate advisers or consultants who are presumably under the control of the superior groups." Id. at 913. Both decisions are instructive. |
| − | In Anti-Hunger Coalition, the plaintiffs sought records from three task forces reporting to two presidential advisory committees. 711 F.2d at 1072. The district court held that FACA does not apply to task forces or other subgroups that "do not directly advise the President or any federal agency," even if they "provide information and recommendations" to advisory committees. Nat'l Anti-Hunger Coal. v. Exec. Comm. of the President's Priv. Sector Survey on Cost Control, 557 F. Supp. 524, 528-29 (D.D.C. 1983). The court described such subgroups as merely "performing staff functions" for the parent committee. Id. at 529. On summary judgment, the court held that because the task forces at issue did not directly advise the President or any agency, they were not covered advisory committees. Id. at 529-30. In affirming, this Court explicitly "approve[d] the reasoning under which the District Court rejected the appellants' contentions"—including the contention that the "task forces [were] themselves advisory committees." 711 F.2d at 1072. We noted that a task force or other subgroup might itself be an advisory committee only if it transmitted material "directly to federal decision makers" or if the parent committee approved its recommendations "with little or no independent consideration." Id. at 1075.1 | + | In Anti-Hunger Coalition, the plaintiffs sought records from three task forces reporting to two presidential advisory committees. 711 F.2d at 1072. The district court held that FACA does not apply to task forces or other subgroups that "do not directly advise the President or any federal agency," even if they "provide information and recommendations" to advisory committees. Nat'l Anti-Hunger Coal. v. Exec. Comm. of the President's Priv. Sector Survey on Cost Control, 557 F. Supp. 524, 528-29 (D.D.C. 1983). The court described such subgroups as merely "performing staff functions" for the parent committee. Id. at 529. On summary judgment, the court held that because the task forces at issue did not directly advise the President or any agency, they were not covered advisory committees. Id. at 529-30. In affirming, this Court explicitly "approve[d] the reasoning under which the District Court rejected the appellants' contentions"—including the contention that the "task forces [were] themselves advisory committees." 711 F.2d at 1072. We noted that a task force or other subgroup might itself be an advisory committee only if it transmitted material "directly to federal decision makers" or if the parent committee approved its recommendations "with little or no independent consideration." Id. at 1075. |
| | In AAPS, we continued to distinguish between advisory committees and their subordinate groups. AAPS involved a "working group" that reported and gave advice to a "Task Force" on healthcare reform. 997 F.2d at 901. Applying Anti-Hunger Coalition, the district court held that because the Task Force was an advisory committee, the working group was not. See id. at 913. We held that the Task Force consisted entirely of government officials and thus was exempt from FACA. Id. at 902-11. As a result, we further held that the working group was an advisory committee because it was "the point of contact between the public and the government." Id. at 913. We contrasted the working group in AAPS with the task forces in Anti-Hunger Coalition, which reported to parent advisory committees "covered by FACA." Id. | | In AAPS, we continued to distinguish between advisory committees and their subordinate groups. AAPS involved a "working group" that reported and gave advice to a "Task Force" on healthcare reform. 997 F.2d at 901. Applying Anti-Hunger Coalition, the district court held that because the Task Force was an advisory committee, the working group was not. See id. at 913. We held that the Task Force consisted entirely of government officials and thus was exempt from FACA. Id. at 902-11. As a result, we further held that the working group was an advisory committee because it was "the point of contact between the public and the government." Id. at 913. We contrasted the working group in AAPS with the task forces in Anti-Hunger Coalition, which reported to parent advisory committees "covered by FACA." Id. |