Types of Advisory Committees

There are two types of advisory committees: non-discretionary and discretionary. A non-discretionary advisory committee is one that is specifically required by statute or mandated by the President. A discretionary advisory committee is established at the discretion of the head of a federal agency. An advisory committee that is authorized, but not specifically required by law, is also considered a discretionary committee.

Note: At EPA the primary committee is often referred to as a "Tier 1" committee, and a subcommittee as a "Tier 2" committees

There are two subtypes of committees – Presidential Advisory Committees and Negotiated Rulemaking Advisory Committees. Some Presidential advisory committees are subject to FACA in addition to other related laws and regulations. Negotiated rulemaking advisory committees are subject to FACA, in addition to other laws and regulations. Details on these two subtypes follow.

Negotiated Rulemaking Advisory Committees are subject to FACA requirements in addition to other laws and regulations.

Presidential Advisory Committees are sometimes subject to FACA requirements, in addition to other laws and regulations.

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Types of Advisory Committees

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