Difference between revisions of "Federal Advisory Committee Act"

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The statute itself prescribes no conflict-of-interest requirements for advisory committee members. However, chapter 11 of title 18 of the U.S. Code, particularly section 208, is applicable to federal employees generally, including the category of “special government employees.” Unless an advisory committee member is appointed as a representative of a particular interest, and is thus not considered a government employee, he or she is likely to be a special government employee, whether or not compensated. Section 208(b)(3) authorizes an official who appoints an advisory committee member to exempt a special government employee where the need for the individual’s services outweighs the potential for a conflict of interest. See generally Memorandum Opinion for the Chief Counsel, Food and Drug Administration, [https://www.justice.gov/olc/file/626796/download 2 Op. O.L.C. 151] (1978).
 
The statute itself prescribes no conflict-of-interest requirements for advisory committee members. However, chapter 11 of title 18 of the U.S. Code, particularly section 208, is applicable to federal employees generally, including the category of “special government employees.” Unless an advisory committee member is appointed as a representative of a particular interest, and is thus not considered a government employee, he or she is likely to be a special government employee, whether or not compensated. Section 208(b)(3) authorizes an official who appoints an advisory committee member to exempt a special government employee where the need for the individual’s services outweighs the potential for a conflict of interest. See generally Memorandum Opinion for the Chief Counsel, Food and Drug Administration, [https://www.justice.gov/olc/file/626796/download 2 Op. O.L.C. 151] (1978).
  
Special government employees are subject to disclosure requirements. See 57 Fed. Reg. 11,800 (Apr. 7, 1992).
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Special government employees are subject to disclosure requirements. ''See'' 57 Fed. Reg. 11,800 (Apr. 7, 1992).
  
 
Section 219(a) of title 18 of the U.S. Code makes it a criminal offense for a public official to be or to act as an agent of a foreign principal required to register under the Foreign Agents Registration Act of 1938. The Department of Justice has concluded that members of federal advisory committees governed by the Federal Advisory Committee Act come within the definition of “public official.” Letter of Deputy Assistant Attorney General, Office of Legal Counsel, to Deputy Counsel to the President (Apr. 29, 1991). Section 219(b) allows the head of an agency to exempt from section 219(a) those individuals who serve on advisory committees as “special government employees” but not those who serve as representatives. In addition, the Department took the position that the Emoluments Clause of the U.S. Constitution, Article 1, § 9, cl. 8, prohibits an individual who is an agent of a foreign government from serving on an advisory committee absent specific congressional consent. The Department concluded that Congress has not consented to such service by enacting the Federal Advisory Committee Act.
 
Section 219(a) of title 18 of the U.S. Code makes it a criminal offense for a public official to be or to act as an agent of a foreign principal required to register under the Foreign Agents Registration Act of 1938. The Department of Justice has concluded that members of federal advisory committees governed by the Federal Advisory Committee Act come within the definition of “public official.” Letter of Deputy Assistant Attorney General, Office of Legal Counsel, to Deputy Counsel to the President (Apr. 29, 1991). Section 219(b) allows the head of an agency to exempt from section 219(a) those individuals who serve on advisory committees as “special government employees” but not those who serve as representatives. In addition, the Department took the position that the Emoluments Clause of the U.S. Constitution, Article 1, § 9, cl. 8, prohibits an individual who is an agent of a foreign government from serving on an advisory committee absent specific congressional consent. The Department concluded that Congress has not consented to such service by enacting the Federal Advisory Committee Act.
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===Legislative History and Congressional Documents===
 
===Legislative History and Congressional Documents===
 
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*Congressional Research Service, Federal Advisory Committee Act (Pub. L. No. 92-463), Source Book – Legislative History, Texts and Other Documents (July 1978).
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*Cong. Research Serv., ''Federal Advisory Committee Act (Pub. L. No. 92-463), Source Book – Legislative History, Texts and Other Documents'' (1978).
*Hearings on Bills to Amend the Federal Advisory Committee Act, Pub. L. No. 92-463, 86 Stat. 770 (1972) before Subcommittee on Reports, Accounting, and Management of the Senate Committee on Governmental Affairs, 94th Cong., 2d Sess. (1976).
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*Hearings on Bills to Amend the Federal Advisory Committee Act, Pub. L. No. 92-463, 86 Stat. 770 (1972) before Subcomm. on Reports, Accounting, and Mgmt. of the S. Comm. on Governmental Affairs, 94th Cong. (1976).