Federal Advisory Committee Act (FACA) Overview

Transcription

1 Federal Advisory Committee Act (FACA) Overview Briefing for Members of Coast Guard Federal Advisory Committees Melanee Libby Group Federal Officer

2 Federal Advisory Committee Act (FACA) What is the Federal Advisory Committee Act? FACA is the statute that governs the management and operation of committees established by a Federal agency to obtain advice from non-federal individuals or entities. 2

3 FACA (cont.) The Act was designed to fulfill two basic purposes: To Enhance Public Accountability of Advisory Committees. To control the undue influence of special interests by balancing committee membership and to ensure that public access to committee deliberations is maximized. To Reduce Wasteful Expenditures on Advisory committees. To improve the overall management of committee activities by establishing a set of management controls. 3

4 FACA (cont.) Four sources of authority for establishing an advisory committee: Required by statute. By law where the Congress establishes an advisory committee, or specifically directs the President or an agency to establish it (non-discretionary); Presidential authority. By Executive order of the President or other Presidential directive (non-discretionary); Authorized by statute. By law where the Congress authorizes, but does not direct the President or an agency to establish it (discretionary); or Agency authority. By an agency under general authority in title 5 of the United States Code or under other general agency-authorizing statutes (discretionary). 4

5 Coast Guard Committees The Department has 26 FACA Committees and the Coast Guard owned 12 of those Committees. Coast Guard has nine statutory Committees and three discretionary Committees. TSAC is a statutory Committee. 5

6 Committee Operations Committees must be chartered before they can meet or conduct any business, and charters must be renewed every 2 years. Advisory committee memberships are to be fairly balanced in terms of the points of view represented and the functions to be performed. Advisory committee meetings are required to be open to the public, with limited exceptions. Meeting notices and agendas must be published in the Federal Register to accommodate public participation. Meetings must be held at a reasonable time and in a place reasonably accessible to the public in a room sufficient to accommodate members, staff and members of the public. Members of the public are permitted to file written statements with the committee, and may be permitted to address the committee if agency s guidelines permit. 6

7 Membership Member: An individual duly appointed to attend and participate in advisory committee meetings. Unless a statute or Presidential directive provides otherwise, each advisory committee member is appointed by and serves at the pleasure of the Secretary. Appointments are personal to the member and are not transferable to another individual. 7

8 Membership (Categories) Representative Member. An individual who is not a Federal employee (or a Federal employee who is serving in a personal capacity) who is selected for membership on an advisory committee for the purpose of obtaining the point of view or perspective of an outside interest group or stakeholder interest. Special Government Employee (SGE) Member. SGE members provide advisory committees with their own best independent judgment based on their individual expertise. An SGE s service may not to exceed 130 days during any period of 365 consecutive days. SGE members are subject to Federal conflict of interest laws, agency standard of conduct regulations, and annual financial disclosure requirements.

9 Certification of Non-Lobbyist Status Registered lobbyist are not eligible to serve on any federal advisory committees. On annual basis, each member of NOSAC must certify that you are not registered lobbyist. (Usually Spring Meeting)

10 Member Responsibilities Attend and actively participate in all meetings, whether in person or by teleconference. Come to meetings prepared Read briefing materials Have information needed Serve on subcommittees established by the DFO Provide specific, timely and actionable advice that is based on your independent judgment Keep the purpose of the committee in focus Be aware of your role; for representative members, the perspective of your stakeholder group; for SGEs, your independent judgment based on your expertise. 10

11 Restrictions on Members Activities Members may not use their access to the Federal government as a member of an advisory committee to solicit business or otherwise seek economic advantage for themselves or their companies. Members may not represent themselves as members of a DHS advisory committee on business or personal cards or letterhead. Members may not use any non-public information obtained in the course of their duties as a member for personal gain or for that of the company or employer. 11

12 Restrictions on Members Activities (cont.) Members must hold any non-public information in confidence. The committee as a whole may advise the agency on legislation or recommend legislative action. However In their capacities as members of a committee, individual members may not petition or lobby Congress for or against particular legislation or encourage others to do so. Members of committees are advisors to DHS and have no authority to speak for the committee, the Component, or for the Department outside of the committee structure. 12

13 Restrictions on Members Activities (cont.) Members may not testify before Congress in their capacity as a member of an advisory committee. If requested to testify before Congress, members: Cannot represent or speak for the committee, DHS, any agency, or the Administration in their testimony. Cannot provide information or comment on committee recommendations that are not yet publicly available. May state that they are a member of the committee, May speak to the personal observations as to their service on the committee. These restrictions apply if a member is speaking outside the committee structure at other forums or meetings. 13

14 Contact Information Melanee Libby Group Federal Officer US Coast Guard Ph: (202) Fax: (202)