PART 102-3—FEDERAL ADVISORY COMMITTEE MANAGEMENT Authority: 40 U.S.C. 121; 5 U.S.C. chapter 10; and E.O. 12024, 42 FR 61445, 3 CFR, 1977 Comp., p. 158. Source: 90 FR 58417, Dec. 16, 2025, unless otherwise noted. Subpart A—Federal Advisory Committee Management Policies § 102-3.5 Coverage and application of this part. This part provides the policy framework and establishes minimum requirements that must be used by agency heads and Federal officers in applying the Federal Advisory Committee Act, as amended (FACA or “the Act”), 5 U.S.C. chapter 10, to advisory committees they establish and operate. This part is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person, including any advisory committee or officer, member, employee, agent, or contractor of any advisory committee. § 102-3.10 Purpose and scope of the Federal Advisory Committee Act. FACA governs the establishment, operation, administration, and termination of advisory committees within the executive branch of the Federal Government. The Act defines what constitutes a Federal advisory committee, provides general procedures for the executive branch to follow for operating an advisory committee, and is designed to assure that the Congress and the public are kept informed with respect to the number, purpose, membership, activities, recommendations, outcomes, and cost of advisory committees through reporting requirements. §§ 102-3.15-102-3.20 [Reserved] § 102-3.25 Definitions. The following definitions apply to this part: Act Administrator Advisory committee Agency Agency head Chairperson Committee Management Officer (CMO) Committee Management Secretariat (Secretariat) Committee meeting Committee member Committee staff Designated Federal Officer (DFO) Discretionary advisory committee Independent Presidential advisory committee Non-discretionary advisory committee Presidential advisory committee Subcommittee Utilized by § 102-3.30 [Reserved] § 102-3.35 Policies governing the use of subcommittees. In general, the requirements of the Act and the policies of this part do not apply to subcommittees of advisory committees as long as the subcommittee reports only to that parent advisory committee and not directly to a Federal officer or agency. However, before establishing a subcommittee under a discretionary committee that is not made up entirely of members of a parent advisory committee, the head of the agency shall follow the same consultation process and document in writing the same determination of need for the subcommittee as is required under § 102-3.60(a) for the creation of a discretionary advisory committee. § 102-3.40 Activities, committees, or groups not covered by the Act and this part. In addition to the committees created by the National Academy of Sciences, Engineering, and Medicine and the National Academy of Public Administration (except as covered by subpart E of this part), the Central Intelligence Agency, and the Federal Reserve, the following are examples of committees or groups that are not covered by the Act or this part: (a) Any advisory committee established or utilized by the Office of the Director of National Intelligence, if the Director of National Intelligence determines that for reasons of national security such advisory committee cannot comply with the requirements of the Act; (b) Committees specifically exempted by statute; (c) Committees created by non-Federal entities and not actually managed or controlled by the executive branch; (d) Groups assembled where attendees provide individual advice to a Federal official(s); (e) Groups assembled to exchange facts or information with a Federal official(s); (f) Any committee composed wholly of full-time or permanent part-time officers or employees of the Federal Government and elected officers of State, local, and Tribal governments (or their designated employees with authority to act on their behalf), acting in their official capacities, and exclusively discussing matters relating to the management or implementation of Federal programs established pursuant to public law that explicitly or inherently share intergovernmental responsibilities or administration (sec. 204(b) of the Unfunded Mandates Reform Act of 1995, 2 U.S.C. 1534(b), and Office of Management and Budget (OMB) Memorandum M-95-20, dated September 21, 1995); (g) Any committee composed wholly of full-time or permanent part-time officers or employees of the Federal Government; (h) Local civic groups whose primary function is that of rendering a public service with respect to a Federal program; (i) Groups established to advise State or local officials; (j) Any committee established to perform primarily operational as opposed to primarily advisory functions. Operational functions are those specifically authorized by statute or Presidential directive, such as making or implementing Government decisions or policy. A committee designated operational may be covered by the Act if it becomes primarily advisory in nature; (k) Meetings where individual rather than consensus advice is sought, such as roundtable discussions, workshops, townhall meetings, listening sessions, fact-finding meetings, meetings with an individual, or meetings with small groups of experts that do not involve regular meetings and collective recommendations; (l) Public engagement that is required by statutes, including but not limited to: notice and comment rulemaking under the Administrative Procedure Act (5 U.S.C. 551-559), public meetings required under the National Environmental Policy Act (42 U.S.C. 4321), or public participation under the Resource Conservation and Recovery Act (42 U.S.C. 6974(b)), the Clean Water Act (33 U.S.C. 1251(e)), or the Safe Drinking Water Act (42 U.S.C. 300j-9) and the National Historic Preservation Act section 106 (54 U.S.C. 306108); (m) Meetings with pre-existing non-governmental groups such as trade associations, advocacy groups, veterans organizations, environmental groups, or religious organizations where each group already has formulated views that it seeks to share with the Government; and (n) Meetings where an agency is either providing its views to the private sector, or is assisting the private sector in developing guidance for itself. Subpart B—Establishment, Renewal, Reestablishment, Merger, and Termination of Advisory Committees § 102-3.45 Requirements for establishing and terminating advisory committees. Requirements for establishing and terminating advisory committees vary depending on the establishing entity and the source of authority for the advisory committee. This subpart covers the procedures associated with the establishment, renewal, reestablishment, merger, and termination of advisory committees. § 102-3.50 Authorities for establishing advisory committees. FACA identifies four sources of authority for establishing an advisory committee: (a) Required by statute. (b) Presidential authority. (c) Authorized by statute. (d) Agency authority. § 102-3.55 Duration of advisory committees. (a) An advisory committee automatically terminates two years after its date of establishment unless: (1) The statutory authority used to establish the advisory committee provides a different duration or termination, either stated in or implied by operation of the statute; (2) The President or agency head as applicable determines that the advisory committee has fulfilled the purpose for which it was established and terminates the advisory committee earlier; (3) The President or agency head as applicable determines that the advisory committee is no longer carrying out the purpose for which it was established and terminates the advisory committee earlier; or (4) The President or agency head as applicable renews the advisory committee not later than two years after its date of establishment, renewal, or reestablishment in accordance with § 102-3.60. If the President or an agency needs an advisory committee that was terminated, it can be reestablished in accordance with § 102-3.60. (b) When an advisory committee terminates, the agency shall notify the Secretariat of the effective date of the termination. § 102-3.60 Procedures for establishing, renewing, reestablishing, or merging discretionary advisory committees. (a) Consultation with the Secretariat. (1) Annual budget and expected costs broken into: (i) Federal personnel (based on full-time equivalent (FTE) usage basis) and other Federal internal costs; (ii) Proposed payments to members and number of members; and (iii) Reimbursable costs; (2) If applicable, the total dollar value of grants expected to be recommended during the fiscal year; (3) Criteria for selecting members to ensure the committee has the necessary expertise and fairly balanced membership; (4) List of all other Federal advisory committees of the agency; (5) Justification that the information or advice provided by the Federal advisory committee is not available from another Federal advisory committee, another Federal Government source or any other more cost-effective and less burdensome source; and (6) If the justification relates to a renewal, a summary of the previous accomplishments of the committee and the reasons it needs to continue. (b) Agency considerations for fairly balanced membership. (1) The points of view required. (2) Outreach. § 102-3.65 Public notification requirements for discretionary advisory committees. A notice to the public in the Federal Register (a) Procedure. Federal Register (b) Time required for notices. § 102-3.70 Filing requirements for advisory committee charters. No advisory committee may meet or take any action until a charter has been filed by the CMO or by another agency official designated by the agency head. (a) Requirement for discretionary advisory committees. (1) The agency head; (2) The standing committees of the Senate and the House of Representatives having legislative jurisdiction of the agency, the date of filing with which constitutes the official date of establishment for the advisory committee; (3) The Library of Congress; (4) The Secretariat, indicating the date the charter was filed in accordance with paragraph (a)(2) of this section; and (5) OMB. (b) Requirement for non-discretionary advisory committees. § 102-3.75 Content of advisory committee charters. An advisory committee charter is intended to provide a description of an advisory committee's mission, goals, and objectives. The charter must contain the following information: (a) The advisory committee's official designation (official name); (b) The legal authority that permits the advisory committee to be established; (c) The objectives and the scope of the advisory committee's activities; (d) A description of the duties for which the advisory committee is responsible and specification of the authority for any non-advisory functions; (e) The agency or Federal officer to whom the advisory committee submits its recommendations; (f) The agency responsible for providing the necessary support to the advisory committee, including the name of the President's delegate, agency, or organization responsible for fulfilling the reporting requirements of sec. 6(b) of the Act (codified at 5 U.S.C. 1005(b)), if appropriate; (g) The estimated annual costs to operate the advisory committee in dollars and person years (FTE). The estimated costs should break down all costs into the three categories described in § 102-3.60(a); (h) The estimated number and frequency of the advisory committee's meetings; (i) The period of time necessary to carry out the advisory committee's purpose(s); (j) The planned termination date, if less than two years from the date of establishment of the advisory committee; (k) The estimated number of advisory committee members, the expertise or experience required, and the anticipated advisory committee member designations; (l) Whether subcommittees may be created and by whom; and (m) The date the charter is filed in accordance with § 102-3.70. § 102-3.80 Amendments to advisory committee charters. The agency head is responsible for amending the charter of an advisory committee. Amending any existing advisory committee charter does not constitute renewal of the advisory committee under § 102-3.60. The procedures for making changes and filing amended charters will depend upon the authority basis for the advisory committee: (a) Non-discretionary advisory committees. e.g., e.g., (b) Discretionary advisory committees. (c) Public notification of charter amendments. Federal Register. Federal Register Federal Register § 102-3.85 [Reserved] Subpart C—Management of Advisory Committees § 102-3.90 Responsibilities and functions under this subpart. This subpart outlines specific responsibilities and functions to be carried out by the U.S. General Services Administration (GSA), the agency head, the CMO, and the DFO under the Act. § 102-3.95 Principles for managing advisory committees. Agencies are to apply the following principles to the management of their advisory committees: (a) Provide adequate support and access. e.g., (b) Practice openness. (c) Fiscal restraint. § 102-3.100 Responsibilities and functions of GSA. (a) The responsibilities of the Administrator under sec. 7 of the Act (codified at 5 U.S.C. 1006) have been delegated by the Administrator to the Secretariat. (b) The Secretariat is responsible for: (1) Engaging in consultations with agencies on the establishment, reestablishment, renewal, merger, and termination of discretionary advisory committees; (2) Prescribing guidance and regulations applicable to advisory committees; (3) Assisting other agencies in implementing and interpreting the Act; (4) Conducting a Government-wide annual comprehensive review of advisory committees to determine whether each committee is carrying out its purpose, whether the responsibilities assigned to the committee should be revised, and whether any committees should be merged or terminated; (5) Collecting and analyzing data relating to the costs of individual advisory committees and agency FACA programs as well as the costs of the Government-wide program and the Secretariat; (6) Designing and maintaining a FACA database to facilitate data collection, reporting, and use of information required by the Act; and (7) Providing recommendations for transmittal by the Administrator to the President, Congress, or agency heads regarding actions that should be taken with regard to the FACA and its implementation. § 102-3.105 Responsibilities of an agency head. When a committee is utilized by or established by an agency, the agency head must: (a) Issue administrative guidelines and management controls consistent with guidance issued by the Administrator; (b) Maintain information on the nature, functions, and operation of each advisory committee within its jurisdiction; (c) Designate a CMO for the agency and a DFO for each advisory committee and its subcommittees; (d) Approve the advisory committee charters for establishments, renewals, re-establishments, or mergers; (e) Provide a written determination stating the reasons for closing any advisory committee meeting to the public, in whole or in part, in accordance with the exemptions set forth in the Government in the Sunshine Act, 5 U.S.C. 552b(c); (f) Review, at least annually, the need to continue each existing advisory committee, consistent with the public interest and the purpose or functions of each advisory committee. This review must address all of the criteria listed in § 102-3.60; (g) Develop procedures to assure that the advice or recommendations of advisory committees 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; (h) Assure that the interests and affiliations of committee members are reviewed for conformance with applicable conflict of interest statutes, regulations issued by the U.S. Office of Government Ethics (5 CFR chapter XVI, subchapter B) including any supplemental agency requirements, and other Federal ethics rules; and (i) Appoint or invite individuals to serve on committees, unless otherwise provided for by a specific statute or Presidential directive. § 102-3.110 Responsibilities of a chairperson of an independent Presidential advisory committee. The chairperson of an independent Presidential advisory committee must: (a) Consult with the Secretariat concerning the designation of a CMO and DFO; and (b) Consult with the Secretariat in advance regarding any proposal to close any meeting in whole or in part. § 102-3.115 Responsibilities and functions of a CMO. In addition to implementing the provisions of sec. 8(b) of the Act (codified at 5 U.S.C. 1007(b)), the CMO will carry out all responsibilities delegated by the agency head and manage the agency FACA program. The CMO also should ensure that secs. 10(b), 12(a), and 13 of the Act (codified at 5 U.S.C. 1009(b), 1011(a), and 1012, respectively) are implemented by the agency to provide for appropriate recordkeeping. Records to be kept by the CMO include, but are not limited to— (a) Charter and membership documentation. (b) Annual comprehensive review. (c) Agency administrative guidelines. (d) Closed meeting determinations. § 102-3.120 Responsibilities and functions of a DFO. (a) The agency head or, in the case of an independent Presidential advisory committee, the Secretariat, must designate a Federal officer or employee to be the DFO for each advisory committee and its subcommittees, who must: (1) Ensure that their committee activities comply with the Act, this part, their agency administrative procedures, and any other applicable laws and regulations; (2) Approve or call all meetings of the advisory committee or subcommittee; (3) Approve the agenda, except that this requirement does not apply to a Presidential advisory committee; (4) Attend all advisory committee and subcommittee meetings for their duration; (5) Adjourn any meeting when he or she determines it to be in the public interest; (6) Chair any meeting when so directed by the agency head; (7) Maintain information on advisory committee activities and provide such information to the public, as applicable; and (8) Ensure advisory committee members and subcommittee members, as applicable, receive the appropriate training ( e.g., (b) The DFO should ensure a public-facing website is created and maintained for each advisory committee, and include information such as: the advisory committee charter; relevant laws, regulations, and guidance; advisory committee member rosters; Federal Register § 102-3.125 Agency administrative guidelines to implement an advisory committee. An agency's administrative guidelines provide the details that advisory committee staff need to implement FACA requirements during the creation, operation, and termination of their advisory committees. (a) Advisory committee operating procedures (also known as bylaws). (b) Advisory committee costs. (1) Provide instructions on how to identify, calculate, and fully document advisory committee costs; and (2) Ensure agency committee cost records match the data reported through the FACA database. § 102-3.130 Policies for appointment, and compensation or reimbursement of advisory committee members. In developing guidelines to implement the Act, this part, and other applicable laws and regulations at the agency level, agency heads should address the following issues: (a) Appointment and terms of advisory committee members. (b) Compensation of advisory committee members. (c) Federal employees assigned to an advisory committee. (d) Other appointment considerations. (e) Travel expenses. (f) Services for advisory committee members with disabilities. Subpart D—Advisory Committee Meeting and Recordkeeping Procedures § 102-3.135 Coverage and application of this subpart. This subpart establishes policies and procedures relating to meetings and other activities undertaken by advisory committees and their subcommittees. This subpart also outlines what records must be kept by Federal agencies and what other documentation, including advisory committee minutes and reports, must be prepared and made available to the public. § 102-3.140 Policies for advisory committee meetings. (a) Each advisory committee meeting must be held at a reasonable time and in a manner or place accessible to the public. (b) The physical or electronic meeting room must be sufficient to accommodate advisory committee members, advisory committee or agency staff, and a reasonable number of interested members of the public. (c) Any member of the public is permitted to file a written statement with the advisory committee, whether or not the statement is related to a specific meeting. (d) Any member of the public may speak to or otherwise address the advisory committee if the agency's guidelines so permit. (e) Any advisory committee meeting conducted in whole or in part through any electronic medium (such as a teleconference or through a virtual platform) must meet the requirements of this subpart. Agencies should explore having virtual meetings instead of in-person meetings as a cost savings measure. (f) The Federal Register § 102-3.145 Policies for subcommittee meetings. If a subcommittee provides advice or recommendations directly to a Federal officer or agency, or if its advice or recommendations will be adopted by the parent advisory committee without further deliberations by the parent advisory committee, then the subcommittee's meetings must be conducted in accordance with the requirements of this subpart. § 102-3.150 Announcement of advisory committee meetings to the public. (a) A notice in the Federal Register (1) The name of the advisory committee (or subcommittee, if applicable); (2) The time, date, physical place (and/or instructions to connect electronically), and purpose of the meeting; (3) Whether meeting registration is required; (4) A summary of the agenda, and/or topics to be discussed and instructions on how to access meeting materials; (5) A statement whether all or part of the meeting is open to the public or closed; if the meeting is closed in whole or in part, state the reasons why, citing the specific exemption(s) of the Government in the Sunshine Act, 5 U.S.C. 552b(c); (6) Instructions for submitting written comments, and oral comments if permitted; (7) Instructions on how to submit a request for physical meeting or electronic meeting accommodations consistent with the relevant sections of the Rehabilitation Act, as amended, 29 U.S.C. 794; and (8) The contact information for the DFO or other responsible agency official, or agency electronic mailbox for the committee, to contact for additional information concerning the meeting. (b) The agency or an independent Presidential advisory committee may give less than 7 calendar days notice if the President determines this is necessary for reasons of national security, or if the head of an agency determines this is necessary due to exceptional circumstances, and the reasons for doing so are included in the advisory committee meeting notice published in the Federal Register (c) In addition to the Federal Register, § 102-3.155 Procedures for closing advisory committee meetings to the public. (a) To close all or part of an advisory committee meeting, the DFO must submit a request to the agency head, or in the case of an independent Presidential advisory committee, the Secretariat, citing the specific exemption(s) of the Government in the Sunshine Act, 5 U.S.C. 552b(c), that justifies the closure. The request must provide the agency head or the Secretariat sufficient time to review the matter in order to make a determination before publication of the meeting notice required by § 102-3.150. (b) If the agency head, or in the case of an independent Presidential advisory committee, the Secretariat, finds that the request is consistent with the provisions of the Government in the Sunshine Act and FACA, the appropriate agency official must issue a determination that all or part of the meeting will be closed. The agency head or the chairperson of an independent Presidential advisory committee must make a copy of any such determination available to the public upon request. § 102-3.160 Activities of advisory committees not subject to notice and open meeting requirements. The following activities of an advisory committee are excluded from the procedural requirements contained in this subpart: (a) Preparatory work. (b) Administrative work. § 102-3.165 Documentation of advisory committee meetings. (a) Detailed minutes of each advisory committee meeting, including one that is closed or partially closed to the public, must be kept. The chairperson of each advisory committee must certify the accuracy of all minutes of advisory committee meetings. (b) The minutes must include: (1) The time, date, and place (or electronic format) of the advisory committee meeting; (2) A list of the persons who were present at the meeting, including advisory committee members and staff, agency employees, and members of the public who presented oral or written statements; (3) An accurate description of each matter discussed and the resolution, if any, made by the advisory committee regarding such matter; and (4) Copies of each report or other materials received, issued, or approved by the advisory committee at the meeting. (c) The DFO must ensure that minutes are certified for accuracy by the chairperson within 90 calendar days of the meeting to which they relate. Agencies should post the meeting minutes on the agency advisory committee website (if one exists). § 102-3.170 Access to advisory committee records. Timely access to advisory committee records is an important element of the public access requirements of the Act. Section 10(b) of the Act (codified at 5 U.S.C. 1009(b)) provides for the contemporaneous availability of advisory committee records that, when taken in conjunction with the ability to attend committee meetings, provide a meaningful opportunity to comprehend fully the work undertaken by the advisory committee. Although certain advisory committee records may be withheld under an exemption to the Freedom of Information Act (FOIA), agencies may not require members of the public or other interested parties to use FOIA procedures in order to obtain records available under sec. 10(b) of the Act (codified at 5 U.S.C. 1009(b)). § 102-3.175 Reporting and recordkeeping requirements for advisory committees. (a) Presidential advisory committee follow-up report. (b) Annual comprehensive review of Federal advisory committees. (c) Annual report of closed or partially closed meetings. (d) Advisory committee reports. (e) Advisory committee records. Subpart E—Advice or Recommendations Provided to Agencies by the National Academy of Sciences or the National Academy of Public Administration § 102-3.180 Coverage and application of this subpart. This subpart provides guidance to agencies on compliance with sec. 15 of the Act (codified at 5 U.S.C. 1014). Section 15 establishes requirements that apply only in connection with a funding or other written agreement involving an agency's use of advice or recommendations provided to the agency by the National Academy of Sciences (NAS) or the National Academy of Public Administration (NAPA), if such advice or recommendations were developed by use of a committee created by either academy. For purposes of this subpart, NAS also includes the National Academy of Engineering, the National Academy of Medicine, and the National Research Council. Except with respect to NAS committees that were the subject of judicial actions filed before December 17, 1997, no part of the Act other than sec. 15 applies to any committee created by NAS or NAPA. § 102-3.185 Requirements for agencies using Advice from NAS or NAPA. (a) Section 15 requirements. (1) The committee was not subject to any actual management or control by an agency or officer of the Federal Government; and (2) In the case of NAS, the academy certifies that it has complied substantially with the requirements of sec. 15(b) of the Act (codified at 5 U.S.C. 1014(b)); or (3) In the case of NAPA, the academy certifies that it has complied substantially with the requirements of sec. 15(b)(1), (2), and (5) of the Act (codified at 5 U.S.C. 1014(b)(1), (2), and (5), respectively). (b) No agency management or control. (c) Funding agreements. (1) The academy has adopted policies and procedures that comply with the applicable requirements of sec. 15 of the Act (codified at 5 U.S.C. 1014); and (2) To the best of the authorized representative's knowledge and belief, these policies and procedures substantially have been complied with in performing the work required under the agreement. Subpart F—Severability § 102-3.190 Severability of provisions. All provisions of this part are separate and severable from one another. If any provision is stayed or determined to be invalid, it is GSA's intention that the remaining provisions shall continue in effect.