79–006 

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 


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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). 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) 

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. 

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 


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4Food chem. News v. Young, 900 F.2d 328 (D.C. Cir. 1990). 

committee if that person regularly attends and participates in committee meetings, as if a member, even if the individual cannot cast 

a vote. 

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. 

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 disVerDate Nov 24 2008 06:39 Jun 05, 2009 Jkt 079006 PO 00000 Frm 00003 Fmt 6659 Sfmt 6602 E:\HR\OC\HR135.XXX HR135

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close 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 


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5 Ass’n of American Physicians and Surgeons, Inc. v. Clinton, 997 F.2d 898, 915 (D.C. Cir. 

1993). 

working group from the section 3(2) exemption for meetings of full-time government officials.5

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. 


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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 fulltime 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. 


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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. 


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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. 


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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. 


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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. ø(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 subVerDate Nov 24 2008 06:39 Jun 05, 2009 Jkt 079006 PO 00000 Frm 00011 Fmt 6659 Sfmt 6603 E:\HR\OC\HR135.XXX HR135

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section, 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. 


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(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. 

ø(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. 

ø(c)¿ (e) No advisory committee shall meet or take any action 

until an advisory committee charter has been filed øwith (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 


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legislative jurisdiction of such agency. Such charter shall contain 

the following information: 

(A) * * * 

* * * * * * * 

(I) the committee’s termination date, if less than two years 

from the date of the committee’s establishment; øand¿ 

(J) the date the charter is filedø.¿; 

(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. 

* * * * * * * 

øAVAILABILITY OF TRANSCRIPTS; AGENCY PROCEEDING

øSEC. 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. 


wwoods2 on PRODPC68 with REPORTS
15 

(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. 

ø(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. 

ø(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. 

* * * * * * * 

Æ 


wwoods2 on PRODPC68 with REPORTS