COMDTINST 5420.37A
a. The Federal Advisory Committee Act (FACA) was enacted by Congress in 1972 (Public Law
92-463) to ensure that advice provided to the Executive Branch by individuals, groups,
organizations, or special interests does not have undue influence on government actions. FACA
requires that the advice from committees, task forces, boards, working groups, commissions, etc.
be both objective and accessible to the public. FACA also requires that the public know who the
members of committees are, when and where the committees will meet, and what issues will be
discussed. Meetings must be announced and open to the public, and the information provided to
committee members must be provided to the public.
b. Coast Guard offices and personnel interact with individuals and groups in many ways, and the
majority of these interactions do not trigger the provisions of FACA. However, if any of the
following factors are present, that interaction may be subject to FACA: The committee is
controlled by a government agency; the committee provides advice to a government agency; or
the committee has a non-government member. The Coast Guard Committee Management
Officer will help determine whether FACA applies and provide options for public input that does
not trigger FACA.
c. Coast Guard personnel also serve on committees, panels, etc. of other Federal agencies, State or
local governments, or non-Government entities. Establishment of and/or participation on such
committees by Coast Guard personnel are also addressed in this Instruction.
5. POLICY.
a. The Coast Guard shall not establish or utilize an advisory committee unless directed or
authorized by statute, executive order, Presidential direction, or Secretarial action.
b. Prior to establishing or utilizing a committee, the sponsoring office shall consult with their
servicing legal office and the Coast Guard Committee Management Officer to determine
applicability of FACA and options for meetings with industry and the public that do not require
establishing a committee under FACA.
c. Prior to approving participation of Coast Guard personnel on non-Government committees, the
Coast Guard approving official shall consult with their appropriate legal office and the Coast
Guard Committee Management Officer to determine whether such participation is appropriate or
in the Coast Guard's best interests.
d. Federal Advisory Committees.
(1) The Coast Guard shall not establish or utilize an advisory committee, as defined under
FACA, unless directed or authorized by statute, executive order, Presidential direction, or
Secretarial action.
(2) The Coast Guard shall establish advisory committees only when they afford the most
expeditious, economical, and appropriate means for accomplishing the intended purpose. An
advisory committee must be essential to the conduct of Coast Guard business and in the
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