Frequently Asked Questions about Managing FACA Committee Records
Updated: April, 2024
1. What records must committee management officers (CMOs) create or maintain?
The CMO must keep records that include, but are not limited to:
- Charter and membership documentation
- Annual comprehensive review
- Agency guidelines
- Closed meeting determinations
See 41 CFR 102-3.115 for more specific details.
2. What records should Designated Federal officers (DFOs) or similar agency officers maintain?
DFOs should maintain the official records an advisory committee creates or receives. This includes communications between members and others about the committee's decisions or actions. (See also 41 CFR 102-3.175).
3. Why must committees capture and maintain correspondence, including email?
Communication between members about committee work is a record. These communications document the actions and decisions of the committee. If enough members are communicating together it could qualify as a FACA meeting. This is true even if the communication is in the form of electronic messages. The GRS schedules substantive communications as permanent records in item 010. Non-substantive communications, such as an email scheduling a meeting, are temporary. Item 050 covers temporary communications.
4. Does the rule (44 USC 2911) to capture electronic messages sent on non-official accounts apply to FACA committee members?
Yes. Committee members must use or copy an official government account for all electronic messages. For those that don't have government accounts, NARA recommends copying the committee DFO.
5. May committee records be withheld under the Freedom Of Information Act (FOIA)?
Advisory committee records are generally not restricted under FOIA. The FACA requires committees to make their work-related records available to the public. Records may be withheld under FOIA if there is reason to believe that they fall within the exemptions in section 552(b) of FOIA. Check with your supporting agency’s FOIA Officer or General Counsel for more guidance.
6. My committee maintains copies of its records on the committee’s web page. How should we manage these records?
Your agency should decide if the records on the website are the recordkeeping copy or not. NARA expects transfer of a single copy of the committee's permanent records. This can be the copy from the committee's website. If your agency identifies the web copy as the recordkeeping copy, apply GRS 6.2 to those records. If the website copy is not the recordkeeping copy, destroy it at any time as long as your agency maintains the recordkeeping copy (see GRS 5.1, item 040).
7. What should I do with extra copies of committee records?
Disposal of extra copies depends on the copy.
- Copies that have substantive notes or comments have unique content. They are substantive committee records and you must treat them as such.
- Electronic copies that are not used for recordkeeping might fall under GRS 5.1, item 020.
- Copies that are only for reference use are non-record materials. You may destroy them at any time.