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Groups Not Subject to FACA

CPO: Committee Policy and Oversight

This document describes the types of groups that are not subject to FACA. If your committee does not fall within these exceptions, please proceed to Chapter Two to gain an understanding of the roles and responsibilities under FACA. If you have questions regarding whether a particular group is subject to FACA or regarding the scope of FACA, contact the OGC FACA attorney.

GROUPS NOT SUBJECT TO FACA

  1. Intragovernmental committees composed wholly of full-time or permanent part-time officers or employees of the federal government.
  2. Groups assembled to obtain the advice of individual attendees rather than advice or recommendations from the group as a whole, including public meetings. Such a meeting could become subject to FACA if the group were to provide collective advice, rather than individual advice.
  3. Groups assembled to exchange information or facts, including identifying issues that the Agency may wish to address without providing advice or recommendations concerning the priority and approach the Agency should take to resolve those issues. Such a meeting could become subject to FACA if the focus of the group were to move from information exchange to providing collective advice.
  4. Local civic groups whose primary function is rendering a public service with respect to a federal program.
  5. Groups established to advise state or local officials, such as state or local committees, commissions, boards, councils or similar groups established to make recommendations to state or local officials or agencies;
  6. Groups that request a meeting (or a series of meetings) with federal officials in order to present the group's views on a particular subject.
  7. People or organizations that have a contractual relationship with the Agency, (e.g., a consulting firm hired by EPA to provide advice.)
  8. Committees that are established to perform primarily operational functions. Operational functions are those specifically authorized by statute or Presidential directive, such as making or implementing government decisions or policy. These committees generally have:
    1. Specific functions and/or authorities provided by Congress in law or by Presidential directive;
    2. The ability to make and implement traditionally governmental decisions; and
    3. The authority to perform specific tasks to implement a federal program. An operational committee that alters its function to become primarily advisory in nature may be subject to FACA. For additional information on operational committees contact the OGC FACA attorney.
  9. Meetings held exclusively between federal officials and elected officials of state, Tribal, or local governments (or their authorized designated employees) to exchange views, information or advice relating to the management or implementation of federal programs established pursuant to public law that explicitly or inherently share intergovernmental responsibilities or administration.
  10. Any advisory committee established by the National Academy of Sciences (NAS) or the . National Academy of Public Administration (NAPA), provided EPA does not have actual management or control of the committees, and the NAS or NAPA certifies that it has substantially complied with the applicable requirements in 5 U.S.C. App. 2 § 15(b).
  11. Advisory committees established or utilized by the Central Intelligence Agency and the Federal Reserve System.
  12. Committees specifically exempted from FACA by statute.
  13. Committees or groups created by non-federal entities such as contractors or private organizations, provided that these committees are not actually managed or controlled by the federal government.

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