[House Report 111-135]
[From the U.S. Government Publishing Office]


111th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 1st Session                                                    111-135

======================================================================



 
           FEDERAL ADVISORY COMMITTEE ACT AMENDMENTS OF 2009

                                _______
                                

  June 4, 2009.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______
                                

   Mr. Towns, from the Committee on Oversight and Government Reform, 
                        submitted the following

                              R E P O R T

                        [To accompany H.R. 1320]

      [Including cost estimate of the Congressional Budget Office]

  The Committee on Oversight and Government Reform, to whom was 
referred the bill (H.R. 1320) to amend the Federal Advisory 
Committee Act to increase the transparency and accountability 
of Federal advisory committees, and for other purposes, having 
considered the same, report favorably thereon without amendment 
and recommend that the bill do pass.

                                CONTENTS

                                                                   Page
Purpose and Summary..............................................     2
Background and Need for Legislation..............................     2
Legislative History..............................................     3
Section-by-Section...............................................     3
Explanation of Amendments........................................     6
Committee Consideration..........................................     6
Rollcall Votes...................................................     7
Application of Law to the Legislative Branch.....................     8
Statement of Oversight Findings and Recommendations of the 
  Committee......................................................     8
Statement of General Performance Goals and Objectives............     8
Constitutional Authority Statement...............................     8
Federal Advisory Committee Act...................................     8
Unfunded Mandate Statement.......................................     8
Earmark Identification...........................................     8
Committee Estimate...............................................     9
Budget Authority and Congressional Budget Office Cost Estimate...     9
Changes in Existing Law Made by the Bill, as Reported............    11

                          Purpose and Summary

    H.R. 1320, the ``Federal Advisory Committee Act Amendments 
of 2009'', was introduced on March 5, 2009, by Reps. Wm. Lacy 
Clay and Edolphus Towns. H.R. 1320 would strengthen the Federal 
Advisory Committee Act (FACA) and close loopholes that have 
developed in the implementation of the Act.

                  Background and Need for Legislation

    FACA was enacted in 1972 in response to concerns that 
federal advisory committees were becoming increasingly common 
but had little oversight or accountability. FACA was aimed at 
making federal advisory committees more accountable, 
transparent, balanced, and independent from the influence of 
special interests. Advisory committees play a critical role in 
giving the president and agencies advice on complex issues. 
According to the General Services Administration (GSA), there 
were more than 900 advisory committees in 2008 with close to 
64,000 members.
    Agencies have not consistently implemented FACA in a way 
that ensures that advisory committees are appropriately 
transparent and balanced. As documented in a staff report, 
there is evidence that appointments to scientific advisory 
boards have been based on the political views of a potential 
appointee rather than the candidate's scientific expertise.\1\ 
H.R. 1320 prohibits the selection of a committee member based 
on the member's political affiliation or activity.
---------------------------------------------------------------------------
    \1\Committee on Government Reform, Special Investigations Division, 
U.S. House of Representatives, Politics and Science in the Bush 
Administration (Aug. 2003) (online at http://oversight.house.gov/
documents/20080130103545.pdf).
---------------------------------------------------------------------------
    The independence of advisory committees has been impaired 
by conflicts of interest. To address this issue, the bill 
requires agencies to obtain disclosures of relevant conflicts 
of interest from prospective committee members and prohibits 
each agency from appointing an individual with a relevant 
conflict of interest unless the need for the individual's 
services outweighs the potential impacts of the conflict. The 
bill also requires agencies to publicly disclose the conflicts 
of members appointed to advisory committees.
    The courts have created loopholes in FACA that undermine 
the purposes of the Act. One loophole in FACA created by the 
courts is a retreat from the de facto membership doctrine. 
Under FACA, a committee made up exclusively of federal 
government employees is not considered an ``advisory 
committee'' for purposes of the Act. The D.C. Circuit Court of 
Appeals held in Ass'n of American Physicians & Surgeons, Inc. 
v. Clinton that even if a committee is formally made up only of 
federal employees, if a private citizen regularly attends and 
participates in a committee as if he were a member that person 
is considered a member and the committee must comply with 
FACA.\2\ Then in In re Cheney, the D.C. Circuit Court of 
Appeals moved away from the de facto membership doctrine by 
holding that an individual can be considered a member of an 
advisory committee only if the individual has a vote or veto 
over the committee's decisions.\3\ H.R. 1320 clarifies that a 
participant who is not a federal government employee is 
considered a member of a committee if that person regularly 
attends and participates in committee meetings, as if a member, 
even if the individual cannot cast a vote.
---------------------------------------------------------------------------
    \2\Ass'n of American Physicians and Surgeons, Inc. v. Clinton, 997 
F.2d 898, 915 (D.C. Cir. 1993).
    \3\In re Cheney, 406 F.3d 723, 728 (D.C. Cir. 2005)
---------------------------------------------------------------------------
    In Food Chemical News v. Young,\4\ the D.C. Circuit Court 
of Appeals created another loophole in FACA under which the 
requirements of FACA do not apply to committees set up by 
contractors. H.R. 1320 closes this loophole by clarifying that 
an advisory committee is considered to be established by an 
agency or the president if it is formed under contract at the 
request or direction of an agency or the president.
---------------------------------------------------------------------------
    \4\Food chem. News v. Young, 900 F.2d 328 (D.C. Cir. 1990).
---------------------------------------------------------------------------
    The bill also clarifies that subcommittees and task forces 
set up by advisory committees are required to comply with FACA. 
In 2001, GSA changed its regulations to say that subcommittees 
do not have to comply with FACA. Under this 2001 change, an 
advisory committee can avoid the open meeting and disclosure 
requirements of FACA by conducting its business through 
subcommittees.

                          Legislative History

    H.R. 1320 was introduced on March 5, 2009, and referred to 
the Committee on Oversight and Government Reform. The 
Subcommittee on Information Policy, Census, and National 
Archives held a hearing on April 2, 2008, to discuss the merits 
of H.R. 5687, which was substantially similar to H.R. 1320. On 
March 10, 2009, the Committee considered H.R. 1320 and ordered 
the bill to be reported favorably, as introduced, by a vote of 
16-1.

                           Section-By-Section


Section 1. Short title; table of contents

    Subsection (a) provides that the short title of H.R. 1320 
is the ``Federal Advisory Committee Act Amendments of 2009.''
    Subsection (b) provides a table of contents.

Section 2. Ensuring independent advice and expertise

    Subsection (a) requires that appointments to advisory 
committees be made without regard to political affiliation or 
political activity, unless such consideration is required by 
federal statute.
    Subsection (b) prohibits agencies from appointing advisory 
committee members who have relevant conflicts unless the head 
of the agency determines that the need for an individual's 
services outweighs the potential impacts of the conflict. 
Subsection (b) clarifies that this requirement does not impact 
an agency head's ability to require a committee member to 
recuse themself from particular aspects of a committee's work. 
This subsection also clarifies that a representative member's 
association with the entity the member is appointed to 
represent is not itself a conflict requiring exclusion from a 
committee.
    Under this subsection, the head of each agency must require 
any prospective committee member the agency intends to appoint 
as a representative to disclose in writing any relevant 
conflict of interest that exists prior to appointment or that 
arises while the individual is serving on the committee. The 
agency must publicly disclose the conflict of interest if the 
individual is appointed to a committee.
    Subsection (b) clarifies that nothing in the subsection 
impacts the duty of a special government employee to comply 
with all applicable ethics laws, including filing financial 
disclosure reports. The head of each agency must require any 
committee member appointed as a special government employee to 
disclose in writing any conflict of interest, as defined by the 
Office of Government Ethics (OGE), that wouldn't otherwise be 
uncovered by a financial disclosure report.
    This subsection requires the head of each agency to ensure 
that any report of an advisory committee is the result of the 
advisory committee's independent judgment. Advisory committees 
are required under this subsection to include in their reports 
a description of the process used to formulate the 
recommendations or conclusions contained in the report.
    Subsection (c) requires the Director of OGE, in 
consultation with the Administrator of GSA, to issue 
regulations within six months of enactment defining conflict of 
interest, identifying how and for what period of time 
individuals are to disclose conflicts, and such other 
regulations as the Director finds necessary to implement and 
enforce the conflict disclosure requirements added by the bill.
    This subsection also amends FACA to provide the 
Administrator of GSA the authority to promulgate regulations as 
necessary to implement the Act.

Section 3. Preventing efforts to circumvent the Federal Advisory 
        Committee Act and public disclosure

    Subsection (a) provides that a participant who is not a 
federal government employee is considered a member of a 
committee if he regularly attends and participates in committee 
meetings as if he were a member, even if he does not have the 
right to vote. Any person who attends or participates in an 
advisory committee meeting will not necessarily be considered a 
member under this subsection. This subsection is aimed at 
covering individuals who regularly participate in the fact-
gathering or deliberative process of an advisory committee. 
Under this subsection, an advisory committee may not avoid FACA 
by only giving federal employees the right to vote while having 
individuals who are not federal employees participate as if 
they were members. As the D.C. Circuit Court of Appeals 
articulated in Ass'n of American Physicians & Surgeons, Inc. v. 
Clinton:

          When an advisory committee of wholly government 
        officials brings in a ``consultant'' for a one-time 
        meeting, FACA is not triggered because the consultant 
        is not really a member of the advisory committee . . . 
        . But a consultant may still be properly described as a 
        member of an advisory committee if his involvement and 
        role are functionally indistinguishable from those of 
        other members. Whether they exercise any supervisory or 
        decisionmaking authority is irrelevant. If a 
        ``consultant'' regularly attends and fully participates 
        in working group meetings as if he were a ``member,'' 
        he should be regarded as a member. Then his status as a 
        private citizen would disqualify the working group from 
        the section 3(2) exemption for meetings of full-time 
        government officials.\5\
---------------------------------------------------------------------------
    \5\Ass'n of American Physicians and Surgeons, Inc. v. Clinton, 997 
F.2d 898, 915 (D.C. Cir. 1993).

    Subsection (b) requires subcommittees and task forces set 
up by advisory committees to comply with FACA except that a 
subcommittee that reports to a parent committee does not have 
to comply with the FACA requirements related to filing a 
charter.
    Subsection (c) provides that an advisory committee is 
considered to be established by an agency or the president (and 
therefore is subject to FACA) if it is formed, created, or 
organized under contract, other transactional authority, or 
otherwise at the request or direction of an agency or the 
president.
    Subsection (d) clarifies that an advisory committee that 
includes members appointed as special government employees is 
subject to the requirements of FACA. Section 3(2) of FACA 
provides that the Act does not apply to committees made up 
wholly of full-time officers or employees of the federal 
government. This subsection is intended to clarify that a 
committee may not avoid FACA under section 3(2) if any member 
of the committee is only a government employee for the purpose 
of serving on the committee.

Section 4. Increasing transparency of Advisory Committees

    Subsection (a) requires the head of each agency to make 
publicly available, for each advisory committee that reports to 
the agency, certain information such as: the charter of the 
committee; the process of selecting members for balance of 
viewpoints and expertise; a list of all current members; the 
reason each member was appointed; whether each member is 
designated as a special government employee or a 
representative; any conflict of interest relevant to the 
functions to be performed by the committee; a summary of the 
process used by the committee to make decisions; and 
transcripts or audio or video recordings of all meetings of the 
committee.
    Agencies are required under this subsection to make the 
specified information available on the agency's official 
internet site at least 15 days before each committee meeting. 
If the agency head determines that a particular piece of 
information cannot be made available within that time, the 
agency head must make the information available as soon as 
practicable but at least 48 hours before the next committee 
meeting. Transcripts or audio or video recordings are required 
to be made available within 30 days after a meeting. GSA must 
provide access on its internet site to the information made 
available by agencies under this section.
    Subsection (b) enhances the disclosure requirements for 
advisory committee charters by requiring committee charters to 
include: the authority under which the committee is 
established; the estimated number of members and a description 
of the expertise needed to carry out the objectives of the 
committee; a description of whether the committee will be 
composed of special government employees, representatives, or 
members from both categories; and whether the committee has the 
authority to create subcommittees and if so, the agency 
official authorized to exercise such authority.

Section 5. Comptroller general review and reports

    Subsection (a) requires the Government Accountability 
Office (GAO) to review agency compliance with FACA, including 
whether agencies are appropriately appointing advisory 
committee members as either special government employees or 
representatives.
    Subsection (b) requires GAO to submit to the committees 
identified in subsection (c) two reports on the results of 
GAO's review. GAO must submit one report within one year of the 
regulations promulgated by OGE under section 2 and must submit 
a second report within five years of the date OGE promulgates 
the required regulations.
    Subsection (c) identifies the committees GAO must report to 
as the Committee on Oversight and Government Reform of the 
House of Representatives and the Committee on Homeland Security 
and Governmental Affairs of the Senate.

Section 6. Definitions

    This section includes the following definitions:
    The term ``representative'' means an individual who is not 
a full-time or part-time federal government employee who is 
appointed to an advisory committee to represent the views of an 
non-governmental entity; and
    The term ``special government employee'' has the same 
meaning as in section 202(a) of Title 18 United States Code. 
That section provides, in part, that a special government 
employee is an officer or employee of the executive or 
legislative branch, of any independent agency, or of the 
District of Columbia, who is retained, designated, appointed, 
or employed to perform, with or without compensation, temporary 
duties either on a full-time or intermittent basis for no more 
than 130 days during any period of 365 consecutive days.

Section 7. Effective date

    This Act shall take effect 30 days after the date of 
enactment except as otherwise provided in section 2(c)(1) which 
requires the Director of OGE to promulgate regulations within 6 
months of enactment.

                       Explanation of Amendments

    During Committee consideration of H.R 1320, Representative 
Issa offered an amendment to exclude the spouse of a sitting 
President from the classification of a full-time or part-time 
officer or employee of the federal government for purposes of 
the Act. The amendment was debated and then withdrawn.

                        Committee Consideration

    On Tuesday, March 10, 2009, the Committee met in open 
session and ordered H.R. 1320 to be reported favorably to the 
House by a rollcall vote of 16-1.


              Application of Law to the Legislative Branch

    Section 102(b)(3) of Public Law 104-1 requires a 
description of the application of this bill to the legislative 
branch where the bill relates to terms and conditions of 
employment or access to public services and accommodations.
    H.R. 1320 strengthens requirements for federal advisory 
committees in the executive branch under the Federal Advisory 
Committee Act. This bill does not relate to employment or 
access to public services and accommodations in the legislative 
branch.

  Statement of Oversight Findings and Recommendations of the Committee

    In compliance with clause 3(c)(1) of rule XIII and clause 
(2)(b)(1) of rule X of the Rules of the House of 
Representatives, the Committee's oversight findings and 
recommendations are reflected in the descriptive portions of 
this report, including the need to close loopholes created by 
the courts in interpreting the Federal Advisory Committee Act 
and the need to increase accountability and transparency in 
federal advisory committees.

         Statement of General Performance Goals and Objectives

    In accordance with clause 3(c)(4) of rule XIII of the Rules 
of the House of Representatives, the Committee's performance 
goals and objectives are reflected in the descriptive portions 
of this report, including strengthening the Federal Advisory 
Committee Act and closing loopholes that have been created in 
the interpretation of the Act.

                   Constitutional Authority Statement

    Under clause 3(d)(1) of rule XIII of the Rules of the House 
of Representatives, the Committee must include a statement 
citing the specific powers granted to Congress to enact the law 
proposed by H.R. 1320. Article I, Section 8, Clause 18 of the 
Constitution of the United States grants the Congress the power 
to enact this law.

                     Federal Advisory Committee Act

    The Committee finds that the legislation does not establish 
or authorize the establishment of an advisory committee within 
the definition of 5 U.S.C. App., Section 5(b).

                       Unfunded Mandate Statement

    Section 423 of the Congressional Budget and Impoundment 
Control Act (as amended by Section 101(a)(2) of the Unfunded 
Mandates Reform Act, P.L. 104-4) requires a statement on 
whether the provisions of the report include unfunded mandates. 
In compliance with this requirement the Committee has received 
a letter from the Congressional Budget Office included herein.

                         Earmark Identification

    H.R. 1320 does not include any congressional earmarks, 
limited tax benefits, or limited tariff benefits as defined in 
clause 9(e), 9(f), or 9(g) of rule XXI.

                           Committee Estimate

    Clause 3(d)(2) of rule XIII of the Rules of the House of 
Representatives requires an estimate and a comparison by the 
Committee of the costs that would be incurred in carrying out 
H.R. 1320. However, clause 3(d)(3)(B) of that rule provides 
that this requirement does not apply when the Committee has 
included in its report a timely submitted cost estimate of the 
bill prepared by the Director of the Congressional Budget 
Office under section 402 of the Congressional Budget Act.

     Budget Authority and Congressional Budget Office Cost Estimate

    With respect to the requirements of clause 3(c)(2) of rule 
XIII of the Rules of the House of Representatives and section 
308(a) of the Congressional Budget Act of 1974 and with respect 
to requirements of clause 3(c)(3) of rule XIII of the Rules of 
the House of Representatives and section 402 of the 
Congressional Budget Act of 1974, the Committee has received 
the following cost estimate for H.R. 1320 from the Director of 
the Congressional Budget Office:

                                     U.S. Congress,
                               Congressional Budget Office,
                                    Washington, DC, March 24, 2009.
Hon. Edolphus Towns,
Chairman Committee on Oversight and Government Reform, House of 
        Representatives, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for H.R. 1320, the Federal 
Advisory Committee Act Amendments of 2009.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Matthew 
Pickford.
            Sincerely,
                                              Douglas W. Elmendorf.
    Enclosure.

H.R. 1320--Federal Advisory Committee Act Amendments of 2009

    Summary: H.R. 1320 would amend the Federal Advisory 
Committee Act (FACA) to require agencies to make more 
information about FACA activities available to the public, 
including transcripts of meetings. The legislation also would 
require additional reports to the Congress by the Government 
Accountability Office concerning the appointment of advisory 
committee members.
    CBO estimates that implementing H.R. 1320 would cost $20 
million in 2010 and $120 million over the 2010-2014 period, 
assuming appropriation of the necessary amounts. Enacting the 
bill would have no impact on direct spending or revenues. H.R. 
1320 contains no intergovernmental or private-sector mandates 
as defined in the Unfunded Mandates Reform Act (UMRA) and would 
not affect the budgets of state, local, or tribal governments.
    Estimated cost to the Federal Government: The estimated 
budgetary impact of H.R. 1320 is shown in the following table. 
The costs of this legislation fall primarily within budget 
function 800 (general government) but would affect all budget 
functions that contain federal advisory committees.

----------------------------------------------------------------------------------------------------------------
                                                                  By fiscal year, in millions of dollars
                                                         -------------------------------------------------------
                                                            2010     2011     2012     2013     2014   2010-2014
----------------------------------------------------------------------------------------------------------------
                                  CHANGES IN SPENDING SUBJECT TO APPROPRIATION

Estimated Authorization Level...........................       25       25       25       25       25       125
Estimated Outlays.......................................       20       25       25       25       25       120
----------------------------------------------------------------------------------------------------------------

    Basis of estimate: For this estimate, CBO assumes that the 
bill will be enacted near the end of fiscal year 2009, that the 
necessary funds will be provided for each year, and that 
spending will follow historical patterns for similar 
activities.
    FACA governs the activities of federal advisory committees. 
Those committees provide independent advice and recommendations 
to the federal government. According to the General Services 
Administration (GSA), there are about 900 advisory committees, 
composed of about 64,000 members, which provide advice and 
recommendations to 52 departments and agencies. GSA estimates 
that the total cost to operate those advisory committees during 
fiscal year 2008 was about $345 million.
    As currently required by FACA, GSA maintains and 
administers management guidelines for committees. The Office of 
Government Ethics (OGE) within GSA is responsible for 
developing regulations and guidance for advisory committee 
members, who serve as special government employees and must 
meet certain requirements pertaining to conflicts of interest. 
In addition, FACA requires that the advice provided by the 
committees be objective and publicly available. Meetings of 
advisory committees are generally open to the public, with 
certain specified exceptions. Notice of such meetings must be 
published in advance; all papers, records, and minutes of 
meetings must be made available for public inspection, and such 
information is subject to disclosure under the Freedom of 
Information Act.
    According to GSA, OGE, and other agencies, most of the 
provisions of H.R. 1320 would expand the current practices of 
the federal government regarding the use of advisory 
committees. Based on information from those sources, CBO 
expects that implementing the bill would require agencies to 
prepare additional reports for the Congress, and make 
transcripts of advisory committee meeting available to the 
public. Some individual agencies also would need to increase 
their efforts to investigate Advisory Committee nominees to 
ensure they have no conflicts of interest. Based on current 
costs of administering advisory committees, CBO estimates that 
those activities would increase funding requirements by about 
$25 million a year.
    Intergovernmental and private-sector impact: H.R. 1320 
contains no intergovernmental or private-sector mandates as 
defined in UMRA and would not affect the budgets of state, 
local, or tribal governments.
    Estimate prepared by: Federal Costs: Matthew Pickford; 
Impact on State, Local, and Tribal Governments: Elizabeth Cove 
Delisle; Impact on the Private Sector: Paige Piper/Bach.
    Estimate approved by: Theresa Gullo, Deputy Assistant 
Director for Budget Analysis.

         Changes in Existing Law Made by the Bill, as Reported

  In compliance with clause 3(e) of rule XIII of the Rules of 
the House of Representatives, changes in existing law made by 
the bill, as reported, are shown as follows (existing law 
proposed to be omitted is enclosed in black brackets, new 
matter is printed in italic, existing law in which no change is 
proposed is shown in roman):

FEDERAL ADVISORY COMMITTEE ACT

           *       *       *       *       *       *       *


                              DEFINITIONS

  Sec. 3. For the purpose of this Act--
          (1) * * *
          (2) The term ``advisory committee'' means any 
        committee, board, commission, council, conference, 
        panel, task force, or other similar group, or any 
        subcommittee or other subgroup thereof (hereafter in 
        this paragraph referred to as ``committee''), which 
        is--
                  (A) * * *

           *       *       *       *       *       *       *

        in the interest of obtaining advice or recommendations 
        for the President or one or more agencies or officers 
        of the Federal Government, except that such term 
        excludes (i) any committee that is composed wholly of 
        full-time, or permanent part-time, officers or 
        employees of the Federal Government, and (ii) any 
        committee that is created by the National Academy of 
        Sciences or the National Academy of Public 
        Administration. An advisory committee is considered to 
        be established by an agency, agencies, or the 
        President, if it is formed, created, or organized under 
        contract, other transactional authority, cooperative 
        agreement, grant, or otherwise at the request or 
        direction of, an agency, agencies, or the President.

           *       *       *       *       *       *       *

          (5) The term ``representative'' means an individual 
        who is not a full-time or part-time employee of the 
        Federal Government and who is appointed to an advisory 
        committee to represent the views of an entity or 
        entities outside the Federal Government.
          (6) The term ``special Government employee'' has the 
        same meaning as in section 202(a) of title 18, United 
        States Code.

                      APPLICABILITY; RESTRICTIONS

  Sec. 4. [(a) The provisions of this Act or of any rule, 
order, or regulation promulgated under this Act shall apply to 
each advisory committee except to the extent that any Act of 
Congress establishing any such advisory committee specifically 
provides otherwise.]
  (a) Application.--The provisions of this Act or of any rule, 
order, or regulation promulgated under this Act shall apply to 
each advisory committee, including any subcommittee or subgroup 
thereof, except to the extent that any Act of Congress 
establishing any such advisory committee specifically provides 
otherwise. Any subcommittee or subgroup that reports to a 
parent committee established under section 9(a) is not required 
to comply with section 9(e). In this subsection, the term 
``subgroup'' includes any working group, task force, or other 
entity formed for the purpose of assisting the committee or any 
subcommittee of the committee in its work.

           *       *       *       *       *       *       *

  (d) Treatment of Individual as Member.--An individual who is 
not a full-time or permanent part-time officer or employee of 
the Federal Government shall be regarded as a member of a 
committee if the individual regularly attends and participates 
in committee meetings as if the individual were a member, even 
if the individual does not have the right to vote or veto the 
advice or recommendations of the advisory committee.
  (e) Special Government Employees.--Committee members 
appointed as special government employees shall not be 
considered full-time or part-time officers or employees of the 
Federal Government for purposes of determining the 
applicability of this Act under section 3(2).

           *       *       *       *       *       *       *


 RESPONSIBILITIES OF THE ADMINISTRATOR OF GENERAL SERVICES; COMMITTEE 
   MANAGEMENT SECRETARIAT, ESTABLISHMENT; REVIEW; RECOMMENDATIONS TO 
  PRESIDENT AND CONGRESS; AGENCY COOPERATION; PERFORMANCE GUIDELINES; 
    UNIFORM PAY GUIDELINES; TRAVEL EXPENSES; EXPENSE RECOMMENDATIONS

  Sec. 7. (a) * * *

           *       *       *       *       *       *       *

  (c) The Administrator shall promulgate regulations as 
necessary to implement this Act. The Administrator shall 
prescribe administrative guidelines and management controls 
applicable to advisory committees, and, to the maximum extent 
feasible, provide advice, assistance, and guidance to advisory 
committees to improve their performance. In carrying out his 
functions under this subsection, the Administrator shall 
consider the recommendations of each agency head with respect 
to means of improving the performance of advisory committees 
whose duties are related to such agency.

           *       *       *       *       *       *       *


     establishment and purpose of advisory committees; membership; 
    publication in federal register; charter: filing, contents, copy

  Sec. 9. (a) * * *
  (b) Appointments Made Without Regard to Political Affiliation 
or Activity.--All appointments to advisory committees shall be 
made without regard to political affiliation or political 
activity, unless required by Federal statute.
  (c) Conflicts of Interest Disclosure.--
          (1)(A) The head of each agency shall ensure that no 
        individual appointed to serve on an advisory committee 
        that reports to the agency has a conflict of interest 
        that is relevant to the functions to be performed by 
        the advisory committee, unless the head of the agency 
        determines that the need for the individual's services 
        outweighs the potential impacts of the conflict of 
        interest.
          (B) If the head of the agency makes such a 
        determination with respect to an individual, nothing in 
        this subsection is intended to preclude the head of the 
        agency from requiring the recusal of the individual 
        from particular aspects of the committee's work.
          (C) In the case of an individual appointed as a 
        representative, the fact that an individual is 
        associated with the entity whose views are being 
        represented by the individual shall not itself be 
        considered a conflict of interest by the agency.
          (2) The head of each agency shall require--
                  (A) that each individual the agency appoints 
                or intends to appoint to serve on an advisory 
                committee as a representative inform the agency 
                official responsible for appointing the 
                individual in writing of any actual or 
                potential conflict of interest--
                          (i) that exists before appointment or 
                        that arises while the individual is 
                        serving on the Committee; and
                          (ii) that is relevant to the 
                        functions to be performed; and
                  (B) that, for an individual appointed to 
                serve on an advisory committee, the conflict is 
                publicly disclosed as described in section 11.
          (3) Nothing in this subsection is intended to alter 
        any requirement or obligation for a special Government 
        employee under the Ethics in Government Act (5 U.S.C. 
        App.) or other applicable ethics law, including any 
        requirement to file a financial disclosure report. The 
        head of each agency shall require that each individual 
        the agency appoints as a special Government employee 
        inform the agency in writing of any conflict that 
        exists before appointment or that arises while the 
        individual is serving on the committee to the extent 
        any financial disclosure required by the Ethics in 
        Government Act (5 U.S.C. App.) or other applicable law 
        would not uncover the conflict of interest as such term 
        is defined in regulations promulgated by the Office of 
        Government Ethics to carry out this subsection.
          (4) The head of each agency shall ensure that each 
        report of an advisory committee that reports to the 
        agency is the result of the advisory committee's 
        judgment, independent from the agency. Each advisory 
        committee shall include in each report of the committee 
        a statement describing the process used by the advisory 
        committee in formulating the recommendations or 
        conclusions contained in the report.
  [(b)] (d) Unless otherwise specifically provided by statute 
or Presidential directive, advisory committees shall be 
utilized solely for advisory functions. Determinations of 
action to be taken and policy to be expressed with respect to 
matters upon which an advisory committee reports or makes 
recommendations shall be made solely by the President or an 
officer of the Federal Government.
  [(c)] (e) No advisory committee shall meet or take any action 
until an advisory committee charter has been filed [with (1) 
the Administrator, in the case of Presidential advisory 
committees, or] (1) with the Administrator and (2) with the 
head of the agency to whom any advisory committee reports and 
with the standing committees of the Senate and of the House of 
Representatives having legislative jurisdiction of such agency. 
Such charter shall contain the following information:
          (A) * * *

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          (I) the committee's termination date, if less than 
        two years from the date of the committee's 
        establishment; [and]
          (J) the date the charter is filed[.];
          (K) the authority under which the committee is 
        established;
          (L) the estimated number of members and a description 
        of the expertise needed to carry out the objectives of 
        the committee;
          (M) a description of whether the committee will be 
        composed of special government employees, 
        representatives, or members from both categories; and
          (N) whether the committee has the authority to create 
        subcommittees and if so, the agency official authorized 
        to exercise such authority.

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            [AVAILABILITY OF TRANSCRIPTS; AGENCY PROCEEDING

  [Sec. 11.]

SEC. 11. DISCLOSURE OF INFORMATION.

  (a) In General.--With respect to each advisory committee, the 
head of the agency to which the advisory committee reports 
shall make publicly available in accordance with subsection (b) 
the following information:
          (1) The charter of the advisory committee.
          (2) A description of the process used to establish 
        and appoint the members of the advisory committee, 
        including the following:
                  (A) The process for identifying prospective 
                members.
                  (B) The process of selecting members for 
                balance of viewpoints or expertise.
                  (C) A justification of the need for 
                representative members, if any.
          (3) A list of all current members, including, for 
        each member, the following:
                  (A) The name of any person or entity that 
                nominated the member.
                  (B) The reason the member was appointed to 
                the committee.
                  (C) Whether the member is designated as a 
                special government employee or a 
                representative.
                  (D) In the case of a representative, the 
                individuals or entity whose viewpoint the 
                member represents.
                  (E) Any conflict of interest relevant to the 
                functions to be performed by the committee.
          (4) A list of all members designated as special 
        government employees for whom written certifications 
        were made under section 208(b) of title 18, United 
        States Code, a summary description of the conflict 
        necessitating the certification, and the reason for 
        granting the certification.
          (5) A summary of the process used by the advisory 
        committee for making decisions.
          (6) Transcripts or audio or video recordings of all 
        meetings of the committee.
          (7) Any written determination by the President or the 
        head of the agency to which the advisory committee 
        reports, pursuant to section 10(d), to close a meeting 
        or any portion of a meeting and the reasons for such 
        determination.
          (8) Notices of future meetings of the committee.
          (9) Any additional information considered relevant by 
        the head of the agency to which the advisory committee 
        reports.
  (b) Manner of Disclosure.--
          (1) Except as provided in paragraph (2), the head of 
        an agency shall make the information required to be 
        disclosed under this section available electronically 
        on the official public internet site of the agency at 
        least 15 calendar days before each meeting of an 
        advisory committee. If the head of the agency 
        determines that such timing is not practicable for any 
        required information, he shall make the information 
        available as soon as practicable but no later than 48 
        hours before the next meeting of the committee. An 
        agency may withhold from disclosure any information 
        that would be exempt from disclosure under section 552 
        of title 5, United States Code.
          (2) The head of an agency shall make available 
        electronically, on the official public internet site of 
        the agency, a transcript or audio or video recording of 
        each advisory committee meeting not later than 30 
        calendar days after the meeting.
  (c) Provision of Information by Administrator of General 
Services.--The Administrator of General Services shall provide, 
on the official public internet site of the General Services 
Administration, electronic access to the information made 
available by each agency under this section.
  [(a)] (d) Availability of Paper Copies of Transcripts.--
Except where prohibited by contractual agreements entered into 
prior to the effective date of this Act, agencies and advisory 
committees shall make available to any person, at actual cost 
of duplication, paper copies of transcripts of agency 
proceedings or advisory committee meetings.
  [(b)] (e) Agency Proceeding Defined.--As used in this section 
``agency proceeding'' means any proceeding as defined in 
section 551(12) of title 5, United States Code.

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