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Can bureaus form a group of non-Federal entities to advise it on setting up partnerships or in which activities partnerships can engage in?

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Can bureaus form a group of non-Federal entities to advise it on setting up partnerships or in which activities partnerships can engage in?

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Yes, as long as the bureau complies with the Federal Advisory Committee Act (FACA). Basically, a group of non-Federal partners that the bureau either establishes or utilizes may not provide group-based recommendations respecting partnership opportunities unless the FACA’s requirements are fulfilled. These requirements include creating a charter for the group and holding public meetings. The Solicitor’s Office can assist in evaluating whether a FACA committee is needed and explain how to comply with FACA. Though advisory committees are sometimes needed, they can be difficult and time-consuming to form. Often the same information can be obtained by soliciting individual, as opposed to group, advice through less formal forums, such as roundtable discussion groups. The Solicitor’s Office can also provide suggestions on alternatives regarding how a bureau might accomplish its goals without triggering FACA.

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