USDA Advisory Overview 

Authority | Management | Scope | Objectives | Operations 
1. Federal Advisory Committee Act (FACA) (Public Law 92-463) 

2. Privacy Act (Public Law 93-574)

3. Freedom of Information Act (Public Law 104-231)

4. GSA The Final Rule (41 CFR Parts 101-6 & 102-3)

5. Executive Orders 

6. USDA Departmental Regulations DR-1041-001

7. Advisory Committee Bylaws, Statutes

Federal Advisory Committee Act (FACA) 

Laws and Regulations Govern Advisory Committees 
 Ensure compliance with FACA, and any other applicable laws and regulations

 Call, attend, and adjourn committee meetings

 Approve agendas

 Maintain required records on costs and membership

 Ensure efficient operations

 Maintain records for availability to the public

 Comply with reporting mandates via the USDA Committee Management Officer 

Roles and Responsibilities 

Designated Federal Officer (DFO) 
Function of advisory committee

Fruit and Vegetable Industry Advisory 

Committee (FVIAC)
Solely for advisory functions

• Unless otherwise specifically provided by statute or Presidential directive, 

advisory committees shall be utilized solely for advisory functions.

• Determination of action to be taken and policy to be adopted shall be made 

solely by the President of an officer of the Federal Government.

What can an advisory committee do?

• Provide recommendations and report to the appropriate federal officer on matters 

within the committee’s scope of duties and objectives.
FVIAC Scope 

1. Evaluate USDA programs and services. 

2. Provide recommendations on ways to improve USDA programs and services.

FVIAC Operations 

• Each advisory committee meeting is OPEN to the public.

• Timely notice for each meeting shall be published in the Federal Register at 

least 15 calendar days prior to the meeting.

• Each meeting must be held at a reasonable time and in a manner or place 

reasonable accessible to the public.

• Oral/Written comments before committee allowed within FVIAC guidelines. 
FVIAC Subcommittees 

a) Smaller group/division/body created by an advisory committee.

b) Role – generally, presents research, analysis, preliminary conclusion to the 

committee.

c) Rules re: open meetings and public access to records DO NOT APPLY to 

subcommittee meetings and records.

d) Reports/analysis/deliberation reached by the subcommittee must be 

presented to the committee as a whole for final substantive review and 

approval.
Other Operational Questions

Questions/disputes over committee operation and meeting procedures

DFO sets the rules.

DFO approves or calls the meeting of the committee and subcommittee(s).

Questions/disputes over scope of authority and duties of the committee

Statute/Charter sets for the authority for the committee.

The agency - via DFO - interprets the scope of authority and duty of the committee.

Proprietary information provided/shared

Information “made available to,” or “prepared for or by” the committee shall be made available to the 

public unless 5 U.S.C. 552 applies.

The agency makes the determination whether to invoke exemptions under 5 U.S.C. 552 to withhold 

information.
Representation of the Committee & Agency

Advisory committees serve solely an advisory role – to make recommendation to 

the executive branch and adoption of any recommendations/reports.

Advisory committees MAKE NO POLICY DECISIONS.

Therefore, a committee does NOT speak for or act on behalf of the agency 

or designated federal officer.

Individual committee members should be careful to ensure their personal 

statements are not attributed to the position of the Committee as or the Agency.
For serving on the Fruit and Vegetable Industry Advisory Committee (FVIAC) 

THANK YOU