[Congressional Record (Bound Edition), Volume 147 (2001), Part 16]
[Extensions of Remarks]
[Page 23312]
[From the U.S. Government Publishing Office, www.gpo.gov]



            THE FEDERAL ADVISORY COMMITTEE TRANSPARENCY ACT

                                 ______
                                 

                          HON. HENRY A. WAXMAN

                             of california

                    in the house of representatives

                      Wednesday, November 28, 2001

  Mr. WAXMAN. Mr. Speaker, I rise to introduce the Federal Advisory 
Committee Transparency Act. I am joined by my colleague Representative 
Robert Matsui who serves as the Ranking Democrat on the Ways and Means 
Subcommittee on Social Security. Also cosponsoring this bill are 
Representatives Schakowsky, Owens, Kanjorski, Maloney, Doggett, 
Pomeroy, and Becerra.
  Concern over the number of advisory committees and the lack of 
balanced advice and public participation began during the Kennedy 
administration. President Kennedy issued Executive Order 11007 
requiring agencies to be accountable for an orderly process of seeking 
outside advice. That executive order became the foundation for the 
Federal Advisory Committee Act of 1972. The goal was to assure that in 
meetings special interests would not unduly influence the operations of 
government. The Act was passed to prevent the government from 
consulting only with energy company executives when developing energy 
policy. The Act was passed to prevent mining companies from being the 
sole source of advice on mining in wilderness areas. Unfortunately, the 
intent of that legislation has been reversed by regulations issued last 
summer.
  Twice now, the President's Commission on Social Security has met 
behind closed doors. There was no announcement that these meetings were 
taking place, and no record of who came before the commission members 
in these secret meetings. There are no minutes that record the 
subcommittee deliberation of the members as they chart the future of 
the Social Security system. That is a clear violation of the intent of 
the Federal Advisory Committee Act, but permissible under the new 
regulations issued by the Bush Administration.
  The Bush regulations allow advisory committees to establish 
subcommittees, which are not subject to the sunshine provisions that 
the full committee must follow. An advisory committee doesn't have to 
tell the public when it creates subcommittees. Those subcommittees can 
meet in private with whomever they choose without public notice. The 
Social Security Commission split into two groups--half of the members 
in one and half in the other--allowing them to meet as subcommittees 
without public scrutiny.
  Secret meetings breed suspicion. The issues before the Social 
Security Commission are serious and difficult ones. If reform of the 
Social Security system is necessary, and the Commission so recommends, 
the public must be certain that the proposed changes have been 
developed after careful deliberation of all points of view. We don't 
know who is attending these secret meetings, and consequently, don't 
know who or what arguments are shaping the commissioners' opinions.
  To maintain confidence in the fairness of these deliberations, the 
Social Security Commission should immediately stop its secret meetings. 
To assure the public that no special interest group is shaping the 
conclusions, the Commission should immediately disband these artificial 
groups. Sound public policy is best made with full public involvement. 
This bill will both strengthen the advisory committee process, as well 
as restore integrity to the efforts to strengthen the Social Security 
system.

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