```

[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 5302 Reported in Senate (RS)]

<DOC>

                                                       Calendar No. 746
118th CONGRESS
  2d Session
                                S. 5302

                          [Report No. 118-326]

 To amend title 5, United States Code, to address the responsibilities 
   of the Administrator of General Services with respect to Federal 
              advisory committees, and for other purposes.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                           November 12, 2024

Mr. Peters (for himself and Mr. Cassidy) introduced the following bill; 
which was read twice and referred to the Committee on Homeland Security 
                        and Governmental Affairs

            December 19 (legislative day, December 16), 2024

               Reported by Mr. Peters, with an amendment
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

_______________________________________________________________________

                                 A BILL

 
 To amend title 5, United States Code, to address the responsibilities 
   of the Administrator of General Services with respect to Federal 
              advisory committees, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

<DELETED>SECTION 1. SHORT TITLE.</DELETED>

<DELETED>    This Act may be cited as the ``Federal Advisory Committee 
Database Act''.</DELETED>

<DELETED>SEC. 2. FEDERAL ADVISORY COMMITTEES.</DELETED>

<DELETED>    Chapter 10 of title 5, United States Code, is amended--
</DELETED>
        <DELETED>    (1) in section 1006--</DELETED>
                <DELETED>    (A) in subsection (a)--</DELETED>
                        <DELETED>    (i) by striking ``The 
                        Administrator'' and inserting the 
                        following:</DELETED>
        <DELETED>    ``(1) In general.--The Administrator''; 
        and</DELETED>
                        <DELETED>    (ii) by adding at the end the 
                        following:</DELETED>
        <DELETED>    ``(2) Collection of information.--</DELETED>
                <DELETED>    ``(A) In general.--The Committee 
                Management Secretariat established and maintained under 
                paragraph (1) shall continually collect from the head 
                of each agency such information as is necessary for the 
                Administrator to carry out the responsibilities of the 
                Administrator under this section, which shall include, 
                at a minimum, the following with respect to each 
                advisory committee within the jurisdiction of that 
                agency:</DELETED>
                        <DELETED>    ``(i) The name of the advisory 
                        committee.</DELETED>
                        <DELETED>    ``(ii) The authority under which 
                        the advisory committee is 
                        established.</DELETED>
                        <DELETED>    ``(iii) A copy of the charter of 
                        the advisory committee.</DELETED>
                        <DELETED>    ``(iv) The interest areas of the 
                        advisory committee.</DELETED>
                        <DELETED>    ``(v) The means by which the 
                        advisory committee complies with the 
                        requirements of section 1004(b)(2) (commonly 
                        referred to as a `Membership Balance 
                        Plan').</DELETED>
                        <DELETED>    ``(vi) The current (as of the date 
                        on which the information is collected) 
                        membership of the advisory committee, which 
                        shall include, at a minimum, the following with 
                        respect to each member of the advisory 
                        committee:</DELETED>
                                <DELETED>    ``(I) The name of the 
                                member.</DELETED>
                                <DELETED>    ``(II) The ethics 
                                designation of the member, such as 
                                whether the member is an employee, a 
                                special Government employee (as defined 
                                in section 202 of title 18), or a 
                                representative member.</DELETED>
                                <DELETED>    ``(III) The entity or 
                                individual who appointed the member to 
                                the advisory committee, which shall 
                                include an identification of the 
                                authority for that 
                                appointment.</DELETED>
                                <DELETED>    ``(IV) The term of the 
                                appointment of the member to the 
                                advisory committee, as 
                                appropriate.</DELETED>
                        <DELETED>    ``(vii) The Advisory Committee 
                        Management Officer designated under section 
                        1007(b) with respect to the advisory 
                        committee.</DELETED>
                        <DELETED>    ``(viii) The officer or employee 
                        designated under section 1009(e) with respect 
                        to the advisory committee.</DELETED>
                        <DELETED>    ``(ix) The termination date of the 
                        advisory committee, as applicable.</DELETED>
                        <DELETED>    ``(x) With respect to a particular 
                        fiscal year, the total operational and staff 
                        costs of the advisory committee for that fiscal 
                        year, and with respect to the forthcoming 
                        fiscal year, the estimated total operational 
                        and staff costs of the advisory committee for 
                        that forthcoming fiscal year.</DELETED>
                        <DELETED>    ``(xi) The frequency with which 
                        the advisory committee (excluding any 
                        subcommittee or other subgroup of the advisory 
                        committee) has met and the dates on which those 
                        meetings have taken place.</DELETED>
                        <DELETED>    ``(xii) A summary of the business 
                        conducted at each meeting of the advisory 
                        committee.</DELETED>
                        <DELETED>    ``(xiii) The recommendations 
                        issued by the advisory committee, which shall 
                        include--</DELETED>
                                <DELETED>    ``(I) the number of those 
                                recommendations; and</DELETED>
                                <DELETED>    ``(II) if feasible, 
                                information regarding whether those 
                                recommendations were partially or fully 
                                implemented.</DELETED>
                <DELETED>    ``(B) Publication.--The Committee 
                Management Secretariat established and maintained under 
                paragraph (1) shall, with respect to the information 
                collected under subparagraph (A) of this paragraph--
                </DELETED>
                        <DELETED>    ``(i) annually publish that 
                        information on a public website of the General 
                        Services Administration, which shall allow for 
                        that information to be downloaded in a format 
                        that is machine-readable, as defined in section 
                        3502 of title 44; and</DELETED>
                        <DELETED>    ``(ii) on the website described in 
                        clause (i) of this subparagraph, maintain 
                        access to that information from previous years, 
                        as applicable with respect to relevant records 
                        schedules.'';</DELETED>
                <DELETED>    (B) in subsection (b)--</DELETED>
                        <DELETED>    (i) in paragraph (1)--</DELETED>
                                <DELETED>    (I) in the matter 
                                preceding subparagraph (A), by 
                                inserting ``, in consultation with the 
                                head of each agency,'' after ``the 
                                Administrator'';</DELETED>
                                <DELETED>    (II) by redesignating 
                                subparagraphs (C) and (D) as 
                                subparagraphs (D) and (E), 
                                respectively; and</DELETED>
                                <DELETED>    (III) by inserting after 
                                subparagraph (B) the 
                                following:</DELETED>
                <DELETED>    ``(C) whether the committee, for the 
                period covered by the review, complied with the 
                requirements of subsection (a)(2);''; and</DELETED>
                        <DELETED>    (ii) by amending paragraph (3) to 
                        read as follows:</DELETED>
        <DELETED>    ``(3) Biennial report and recommendations.--The 
        Administrator shall biennially submit to the Committee on 
        Homeland Security and Governmental Affairs of the Senate and 
        the Committee on Oversight and Accountability of the House of 
        Representatives a report containing the results of the 2 most 
        recent reviews conducted under this subsection, which shall 
        include recommendations to the President and to either the 
        agency head or Congress with respect to action the 
        Administrator believes should be taken.''; and</DELETED>
                <DELETED>    (C) in subsection (c)--</DELETED>
                        <DELETED>    (i) in the first sentence--
                        </DELETED>
                                <DELETED>    (I) by striking 
                                ``administrative guidelines and 
                                management controls'' and inserting 
                                ``regulations, administrative 
                                guidelines, and management controls''; 
                                and</DELETED>
                                <DELETED>    (II) by inserting after 
                                ``their performance'' the following: 
                                ``, which shall include guidance 
                                regarding how the agency and the 
                                advisory committees of the agency 
                                should prepare the information that is 
                                required to be submitted under 
                                subsection (a)(2) to ensure 
                                standardization and consistency in the 
                                reporting of that information''; 
                                and</DELETED>
                        <DELETED>    (ii) by adding at the end the 
                        following: ``The Administrator may update the 
                        regulations, administrative guidelines, and 
                        management controls prescribed under this 
                        subsection, as determined necessary by the 
                        Administrator.''; and</DELETED>
        <DELETED>    (2) in section 1007--</DELETED>
                <DELETED>    (A) by amending subsection (a) to read as 
                follows:</DELETED>
<DELETED>    ``(a) Administrative Guidelines and Management Controls.--
Each agency head shall--</DELETED>
        <DELETED>    ``(1) establish uniform administrative guidelines 
        and management controls for advisory committees established by 
        that agency, which shall be consistent with directives of the 
        Administrator under sections 1006 and 1009 of this 
        title;</DELETED>
        <DELETED>    ``(2) maintain systematic information on the 
        nature, functions, and operations of each advisory committee 
        within the jurisdiction of the agency;</DELETED>
        <DELETED>    ``(3) ensure timely and accurate reporting to the 
        Administrator regarding the activities of each advisory 
        committee within the jurisdiction of the agency, including with 
        respect to the information required to be submitted under 
        section 1006(a)(2);</DELETED>
        <DELETED>    ``(4) in coordination with each officer or 
        employee of the Federal Government designated under section 
        1009(e), establish relevant and appropriate performance 
        measures and outcomes for each advisory committee established 
        by the agency; and</DELETED>
        <DELETED>    ``(5) ensure that each advisory committee within 
        the jurisdiction of the agency, and the staff of each such 
        advisory committee (including each officer or employee of the 
        Federal Government designated under section 1009(e)), complies 
        with the requirements of this chapter and the rules, orders, 
        and regulations promulgated under this chapter.''; 
        and</DELETED>
                <DELETED>    (B) in subsection (b)--</DELETED>
                        <DELETED>    (i) in paragraph (2)--</DELETED>
                                <DELETED>    (I) by inserting 
                                ``recommendations,'' after 
                                ``records,''; and</DELETED>
                                <DELETED>    (II) by striking ``and'' 
                                at the end;</DELETED>
                        <DELETED>    (ii) in paragraph (3)--</DELETED>
                                <DELETED>    (I) by striking ``such 
                                reports, records, and other papers'' 
                                and inserting ``the reports, records, 
                                recommendations, and other papers 
                                described in paragraph (2)''; 
                                and</DELETED>
                                <DELETED>    (II) by striking the 
                                period at the end and inserting ``; 
                                and''; and</DELETED>
                        <DELETED>    (iii) by adding at the end the 
                        following:</DELETED>
        <DELETED>    ``(4) serve as the primary liaison between the 
        agency and the Administrator.''.</DELETED>

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Federal Advisory Committee Database 
Act''.

SEC. 2. FEDERAL ADVISORY COMMITTEES.

    Chapter 10 of title 5, United States Code, is amended--
            (1) in section 1006--
                    (A) in subsection (a)--
                            (i) by striking ``The Administrator'' and 
                        inserting the following:
            ``(1) In general.--The Administrator''; and
                            (ii) by adding at the end the following:
            ``(2) Collection of information.--
                    ``(A) In general.--The Committee Management 
                Secretariat established and maintained under paragraph 
                (1) shall continually collect from the head of each 
                agency such information as is necessary for the 
                Administrator to carry out the responsibilities of the 
                Administrator under this section, which shall include, 
                at a minimum, the following with respect to each 
                advisory committee within the jurisdiction of that 
                agency:
                            ``(i) The name of the advisory committee.
                            ``(ii) The authority under which the 
                        advisory committee is established.
                            ``(iii) A copy of the charter of the 
                        advisory committee.
                            ``(iv) The interest areas of the advisory 
                        committee.
                            ``(v) The means by which the advisory 
                        committee complies with the requirements of 
                        section 1004(b)(2) (commonly referred to as a 
                        `Membership Balance Plan').
                            ``(vi) The current (as of the date on which 
                        the information is collected) membership of the 
                        advisory committee, which shall include, at a 
                        minimum, the following with respect to each 
                        member of the advisory committee:
                                    ``(I) The name of the member.
                                    ``(II) The ethics designation of 
                                the member, such as whether the member 
                                is an employee, a special Government 
                                employee (as defined in section 202 of 
                                title 18), or a representative member.
                                    ``(III) The entity or individual 
                                who appointed the member to the 
                                advisory committee, which shall include 
                                an identification of the authority for 
                                that appointment.
                                    ``(IV) The term of the appointment 
                                of the member to the advisory 
                                committee, as appropriate.
                            ``(vii) The Advisory Committee Management 
                        Officer designated under section 1007(b) with 
                        respect to the advisory committee.
                            ``(viii) The officer or employee designated 
                        under section 1009(e) with respect to the 
                        advisory committee.
                            ``(ix) The termination date of the advisory 
                        committee, if applicable.
                            ``(x) With respect to a particular fiscal 
                        year, the total operational and staff costs of 
                        the advisory committee for that fiscal year, 
                        and with respect to the forthcoming fiscal 
                        year, the estimated total operational and staff 
                        costs of the advisory committee for that 
                        forthcoming fiscal year.
                            ``(xi) The frequency with which the 
                        advisory committee (excluding any subcommittee 
                        or other subgroup of the advisory committee) 
                        has met and the dates on which those meetings 
                        have taken place.
                            ``(xii) A summary of the business conducted 
                        at each meeting of the advisory committee.
                            ``(xiii) The recommendations issued by the 
                        advisory committee, which shall include--
                                    ``(I) the number of those 
                                recommendations; and
                                    ``(II) if feasible, information 
                                regarding whether those recommendations 
                                were partially or fully implemented.
                    ``(B) Publication.--The Committee Management 
                Secretariat established and maintained under paragraph 
                (1) shall, with respect to the information collected 
                under subparagraph (A) of this paragraph--
                            ``(i) annually publish that information on 
                        a public website of the General Services 
                        Administration, which shall allow for that 
                        information to be downloaded in a format that 
                        is machine-readable, as defined in section 3502 
                        of title 44; and
                            ``(ii) on the website described in clause 
                        (i) of this subparagraph, maintain access to 
                        that information from previous years, as 
                        applicable with respect to relevant records 
                        schedules.'';
                    (B) in subsection (b)--
                            (i) in paragraph (1)--
                                    (I) in the matter preceding 
                                subparagraph (A), by inserting ``, in 
                                consultation with the head of each 
                                agency,'' after ``the Administrator'';
                                    (II) by redesignating subparagraphs 
                                (C) and (D) as subparagraphs (D) and 
                                (E), respectively; and
                                    (III) by inserting after 
                                subparagraph (B) the following:
                    ``(C) whether the committee, for the period covered 
                by the review, complied with the requirements of 
                subsection (a)(2);''; and
                            (ii) by amending paragraph (3) to read as 
                        follows:
            ``(3) Biennial report and recommendations.--The 
        Administrator shall biennially submit to the Committee on 
        Homeland Security and Governmental Affairs of the Senate and 
        the Committee on Oversight and Accountability of the House of 
        Representatives a report containing the results of the 2 most 
        recent reviews conducted under this subsection, which shall 
        include recommendations to the President and to either the 
        agency head or Congress with respect to action the 
        Administrator believes should be taken.''; and
                    (C) in subsection (c)--
                            (i) in the first sentence--
                                    (I) by striking ``administrative 
                                guidelines and management controls'' 
                                and inserting ``regulations, 
                                administrative guidelines, and 
                                management controls''; and
                                    (II) by inserting after ``their 
                                performance'' the following: ``, which 
                                shall include guidance regarding how 
                                the agency and the advisory committees 
                                of the agency should prepare the 
                                information that is required to be 
                                submitted under subsection (a)(2) to 
                                ensure standardization and consistency 
                                in the reporting of that information''; 
                                and
                            (ii) by adding at the end the following: 
                        ``The Administrator may update the regulations, 
                        administrative guidelines, and management 
                        controls prescribed under this subsection, as 
                        determined necessary by the Administrator.''; 
                        and
            (2) in section 1007--
                    (A) by amending subsection (a) to read as follows:
    ``(a) Administrative Guidelines and Management Controls.--Each 
agency head shall--
            ``(1) establish uniform administrative guidelines and 
        management controls for advisory committees established by that 
        agency, which shall be consistent with directives of the 
        Administrator under sections 1006 and 1009 of this title;
            ``(2) maintain systematic information on the nature, 
        functions, and operations of each advisory committee 
        established by that agency;
            ``(3) ensure timely and accurate reporting to the 
        Administrator regarding the activities of each advisory 
        committee established by that agency, including with respect to 
        the information required to be submitted under section 
        1006(a)(2);
            ``(4) in coordination with each officer or employee of the 
        Federal Government designated under section 1009(e), establish 
        relevant and appropriate performance measures and outcomes for 
        each advisory committee established by that agency; and
            ``(5) ensure that each advisory committee established by 
        that agency, and the staff of each such advisory committee 
        (including each officer or employee of the Federal Government 
        designated under section 1009(e)), complies with the 
        requirements of this chapter and the rules, orders, and 
        regulations promulgated under this chapter.''; and
                    (B) in subsection (b)--
                            (i) in paragraph (2)--
                                    (I) by inserting 
                                ``recommendations,'' after 
                                ``records,''; and
                                    (II) by striking ``and'' at the 
                                end;
                            (ii) in paragraph (3)--
                                    (I) by striking ``such reports, 
                                records, and other papers'' and 
                                inserting ``the reports, records, 
                                recommendations, and other papers 
                                described in paragraph (2)''; and
                                    (II) by striking the period at the 
                                end and inserting ``; and''; and
                            (iii) by adding at the end the following:
            ``(4) serve as the primary liaison between the agency and 
        the Administrator.''.

SEC. 3. NO ADDITIONAL FUNDS.

    No additional funds are authorized to be appropriated for the 
purpose of carrying out this Act or the amendments made by this Act.
                                                       Calendar No. 746

118th CONGRESS

  2d Session

                                S. 5302

                          [Report No. 118-326]

_______________________________________________________________________

                                 A BILL

 To amend title 5, United States Code, to address the responsibilities 
   of the Administrator of General Services with respect to Federal 
              advisory committees, and for other purposes.

_______________________________________________________________________

            December 19 (legislative day, December 16), 2024

                       Reported with an amendment
```