I 
115TH CONGRESS 
1ST SESSION 
H. R. 70 
To amend the Federal Advisory Committee Act to increase the transparency 
of Federal advisory committees, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
JANUARY 3, 2017 
Mr. CLAY (for himself, Mr. CUMMINGS, Mr. CONNOLLY, and Mr. COOPER) in-
troduced the following bill; which was referred to the Committee on Over-
sight and Government Reform, and in addition to the Committee on 
Ways and Means, for a period to be subsequently determined by the 
Speaker, in each case for consideration of such provisions as fall within 
the jurisdiction of the committee concerned 
A BILL 
To amend the Federal Advisory Committee Act to increase 
the transparency of Federal advisory committees, and 
for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 
(a) SHORT TITLE.—This Act may be cited as the 
‘‘Federal Advisory Committee Act Amendments of 2017’’. 
(b) TABLE OF CONTENTS.—The table of contents for 
this Act is as follows: 
Sec. 1. Short title; table of contents. 
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Sec. 2. Ensuring independent advice and expertise. 
Sec. 3. Preventing efforts to circumvent the Federal Advisory Committee Act 
and public disclosure. 
Sec. 4. Increasing transparency of advisory committees. 
Sec. 5. Managing Federal advisory committees. 
Sec. 6. Comptroller General review and reports. 
Sec. 7. Application of Federal Advisory Committee Act to Trade Advisory Com-
mittees. 
Sec. 8. Definitions. 
Sec. 9. Technical and conforming amendments. 
Sec. 10. Effective date. 
Sec. 11. No additional funds authorized. 
SEC. 2. ENSURING INDEPENDENT ADVICE AND EXPERTISE. 
(a) BAR ON POLITICAL LITMUS TESTS.—Section 9 
of the Federal Advisory Committee Act (5 U.S.C. App.) 
is amended— 
(1) in the section heading, by inserting ‘‘MEM-
BERSHIP;’’ after ‘‘ADVISORY COMMITTEES;’’; 
(2) by redesignating subsections (b) and (c) as 
subsections (e) and (f), respectively; and 
(3) by inserting after subsection (a) the fol-
lowing: 
‘‘(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.’’. 
(b) MINIMIZING CONFLICTS OF INTEREST.—Section 
9 of the Federal Advisory Committee Act (5 U.S.C. App.), 
as amended by subsection (a) of this section, is further 
amended by inserting after subsection (b) (as added by 
such subsection (a)) the following: 
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‘‘(c) PUBLIC NOMINATIONS OF COMMITTEE MEM-
BERS.—Prior to appointing members to an advisory com-
mittee, the head of an agency shall give interested persons 
an opportunity to suggest potential committee members. 
The agency shall include a request for comments in the 
Federal Register notice required under subsection (a) and 
provide a mechanism for interested persons to comment 
through the official website of the agency. The agency 
shall consider any comments submitted under this sub-
section in selecting the members of an advisory committee. 
‘‘(d) DESIGNATION OF COMMITTEE MEMBERS.— 
‘‘(1) An individual appointed to an advisory 
committee who is not a full-time or permanent part- 
time officer or employee of the Federal Government 
shall be designated as— 
‘‘(A) a special Government employee, if the 
individual is providing advice based on the indi-
vidual’s expertise or experience; or 
‘‘(B) a representative, if the individual is 
representing the views of an entity or entities 
outside of the Federal Government. 
‘‘(2) An agency may not designate committee 
members as representatives to avoid subjecting them 
to Federal ethics rules and requirements. 
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‘‘(3) The designated agency ethics official for 
each agency shall review the members of each advi-
sory committee that reports to the agency to deter-
mine whether each member’s designation is appro-
priate, and to redesignate members if appropriate. 
The designated agency ethics official shall certify to 
the head of the agency that such review has been 
made— 
‘‘(A) following the initial appointment of 
members; and 
‘‘(B) at the time a committee’s charter is 
renewed, or, in the case of a committee with an 
indefinite charter, every 2 years. 
‘‘(4) The head of each agency shall inform each 
individual appointed to an advisory committee that 
reports to the agency whether the individual is ap-
pointed as a special Government employee or as a 
representative. The agency head shall provide each 
committee member with an explanation of the dif-
ferences between special Government employees and 
representatives and a summary of applicable ethics 
requirements. The agency head, acting through the 
designated agency ethics official, shall obtain signed 
and dated written confirmation from each committee 
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