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FACA (view source)

Revision as of 20:48, May 21, 2022

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→‎Fair balance and no inappropriate influence: Balance is a FACA requirement, in addition to transparency requirements of open meetings and published minutes

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== Fair balance and no inappropriate influence ==

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Balance is a FACA requirement, in addition to transparency requirements of open meetings and published minutes:

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{{cquote|FACA requires (among other things) that "the membership of the [ITACs] ... be fairly balanced in terms of the points of view represented and the functions to be performed[.]" 5 U.S.C. App. 1 § 5(b)(2) (emphasis added). FACA does not define what constitutes a "fairly balanced" committee -- in terms of points of view represented or functionality -- or how that balance is to be determined. FACA makes clear that "[t]o the extent they are applicable, the guidelines set out in subsection (b) of this section shall be followed by the President, agency heads, or other Federal officials in creating an advisory committee." 5 U.S.C. App. 1 § 5(c) (emphasis added).}}

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''Ctr. for Policy Analysis on Trade & Health v. Office of the United States Trade Representative'', 540 F.3d 940, 943 (9th Cir. 2008).

"FACA clearly requires agency heads at least to consider whether new restraints on committee membership might inappropriately enhance special interest influence and to eschew such restraints when they do so." ''Union of Concerned Scientists v. Wheeler'', 954 F.3d 11, 19 (1st Cir. 2020). However, FACA does not establish a private cause of action:

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