Trying to Obey the Law

Abstract

Federal advisory committees, a part of government since Washington’s presidency, are governed under various statutes, including the Federal Advisory Committee Act (FACA). Since its 1972 passage, FACA’s ambiguity and various judicial interpretations have made it difficult for agencies to determine if many government initiatives comply with FACA. The Clinton administration has found this to be a problem while implementing several initiatives, including health care reform and ecosystem management plans. This article briefly examines FACA and its judicial interpretations; its potential application to a leading administration initiative, the Common Sense Initiative; and the problems FACA may pose to other administration efforts.