Ethics, Laws, and Regulations
Ethics
The Federal Advisory Committee Act (FACA) was enacted in 1972 to ensure that advice by the various advisory committees formed over the years is objective and accessible to the public. The Act formalized a process for establishing, operating, overseeing, and terminating these advisory bodies and created the Committee Management Secretariat to monitor compliance with the Act. What follows are resources for Advisory Committees and prospective members regarding ethical conduct and participation in these committees.
VA Office of General Counsel
General Services Administration (GSA)
Final Guidance on Appointment of Lobbyists to Federal Advisory Committees, Boards, and Commissions
Government Accountability Office (GAO)
GAO-08-611T—Federal Advisory Committee Act: Issues Related to the Independence and Balance of Advisory Committees
GAO-04-328—Federal Advisory Committees: Additional Guidance Could Help Agencies Better Ensure Independence and Balance
T-GGD-98-163—Federal Advisory Committee Act: Advisory Committee Process Appears to Be Working, but Some Concerns Exist
Office of Government Ethics (OGE)
OGE Form 450—Confidential Financial Disclosure Report – Executive Branch
Standards of Ethical Conduct for Employees of the Executive Branch
Executive Order 13490—Ethics Commitments By Executive Branch Personnel
Introduction to Conflicts of Interest: The Law, Appearances and Prospective Employment (PDF, 145 pages)
Code of Federal Regulations (CFR) 5 XVI Subchapter B Part 2636—Limitations on Outside Earned Income, Employment and Affiliations for Certain Noncareer Employees
Laws and regulations
There are multiple laws and regulations that govern Advisory Committees and their operation. What follows is a listing of materials that may be useful to committee members. Additionally, you may find these materials at the General Services Administration’s Federal Advisory Committee Act (FACA) Management Overview along with additional contextual information; however, if you are aware of the specific statute you are looking for, you may find it below.
Statutes
Federal Advisory Committee Act
Government in the Sunshine Act
Executive Order 12024—Relating to the transfer of certain advisory committee functions
Executive Order 12838—Termination and Limitation of Federal Advisory Committees
Federal Management Regulation: Federal Advisory Committee Management Final Rule
Implementing Section 204 as related to FACA
Department of Justice (DOJ) Office of Information Policy Freedom of Information Act
DOJ Overview of The Privacy Act of 1974 (2020 Edition)
Public Law 104-320—Administrative Dispute Resolution Act of 1996