Trying to obey the law - The Federal Advisory Committee Act, the courts, and the common sense initiative

Federal advisory committees, apart of government since Washington's preside ncy, are governed under various statutes, including the Federal Advisory Co mmittee Act (FACA). Since its 1972 passage, FACA's ambiguity and various ju dicial interpretations have made it difficult for agencies to determine if many government initiatives comply with FACA. The Clinton administration ha s found this to be a problem while implementing several initiatives, includ ing 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 th e problems FACA may pose to other administration efforts.