I 
112TH CONGRESS 
1ST SESSION H. R. 3124 
To amend the Federal Advisory Committee Act to increase the transparency 
of Federal advisory committees, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
OCTOBER 6, 2011 
Mr. CLAY (for himself, Mr. CUMMINGS, Mr. TOWNS, Mrs. MALONEY, Ms. 
NORTON, Mr. KUCINICH, Mr. TIERNEY, Mr. LYNCH, Mr. COOPER, Mr. 
CONNOLLY of Virginia, Mr. QUIGLEY, Mr. DAVIS of Illinois, Mr. BRALEY 
of Iowa, Mr. WELCH, Mr. YARMUTH, Mr. MURPHY of Connecticut, and 
Ms. SPEIER) introduced the following bill; which was referred to the Com-
mittee on Oversight and Government Reform, and in addition to the 
Committee on Ways and Means, for a period to be subsequently deter-
mined 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 2011’’. 
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(b) TABLE OF CONTENTS.—The table of contents for 
this Act is as follows: 
Sec. 1. Short title; table of contents. 
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. 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.) 
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is further amended by inserting after subsection (b) (as 
added by subsection (a)) the following: 
‘‘(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. 
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‘‘(2) An agency may not designate committee 
members as representatives to avoid subjecting them 
to Federal ethics rules and requirements. 
‘‘(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 
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designated agency ethics official, shall obtain signed 
and dated written confirmation from each committee 
member that the member received and reviewed the 
information required by this paragraph. 
‘‘(5) The Director of the Office of Government 
Ethics shall provide guidance to agencies on what to 
include in the summary of ethics requirements re-
quired by paragraph (4). 
‘‘(6) The head of each agency shall, to the ex-
tent practicable, develop and implement strategies to 
minimize the need for written determinations under 
section 208(b)(3) of title 18, United States Code. 
Strategies may include such efforts as improving 
outreach efforts to potential committee members and 
seeking public input on potential committee mem-
bers.’’. 
(c) REGULATIONS IMPLEMENTING FACA.—Section 
7(c) of the Federal Advisory Committee Act (5 U.S.C. 
App.) is amended by inserting ‘‘promulgate regulations 
and’’ after ‘‘The Administrator shall’’. 
(d) ENSURING INDEPENDENT ADVICE
AND REC-
OMMENDATIONS.—The Federal Advisory Committee Act 
(5 U.S.C. App.) is amended— 
(1) in section 8— 
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(A) in the section heading, by inserting 
‘‘INDEPENDENT
ADVICE
AND
REC-
OMMENDATIONS;’’ 
after 
‘‘RESPONSIBIL-
ITIES OF AGENCY HEADS;’’ 
(B) by redesignating subsection (b) as sub-
section (c); and 
(C) by inserting after subsection (a) the 
following: 
‘‘(b) The head of each agency shall ensure that advice 
and recommendations of an advisory committee that re-
ports to the agency are the result of the advisory commit-
tee’s judgment, independent from the agency. Each advi-
sory committee shall include a statement describing the 
process used by the advisory committee in formulating the 
advice and recommendations when they are transmitted 
to the agency.’’; and 
(2) in section 10— 
(A) in the section heading, by inserting ‘‘; 
CHAIR’’ after ‘‘ATTENDANCE’’; and 
(B) by inserting after subsection (f) the 
following new subsection: 
‘‘(g) The Chair shall not be an employee of the agen-
cy to which the advisory committee reports, unless di-
rected to chair a meeting by the head of the agency.’’. 
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SEC. 3. PREVENTING EFFORTS TO CIRCUMVENT THE FED-
ERAL ADVISORY COMMITTEE ACT AND PUB-
LIC DISCLOSURE. 
(a) DE FACTO MEMBERS.—Section 4 of the Federal 
Advisory Committee Act (5 U.S.C. App.) is amended by 
adding at the end the following new subsection: 
‘‘(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 rec-
ommendations of the advisory committee.’’. 
(b) SUBCOMMITTEES.—Section 4 of the Federal Ad-
visory Committee Act (5 U.S.C. App.) is amended by 
striking subsection (a) and inserting the following: 
‘‘(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 sub-
committee or subgroup thereof, except to the extent that 
any Act of Congress establishing any such advisory com-
mittee specifically provides otherwise. Any subcommittee 
or subgroup that reports to a parent committee estab-
lished under section 9(a) is not required to comply with 
section 9(f). In this subsection, the term ‘subgroup’ in-
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cludes 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.’’. 
(c) COMMITTEES CREATED UNDER CONTRACT.— 
Section 3(2) of the Federal Advisory Committee Act (5 
U.S.C. App.) is amended in the matter following subpara-
graph (C) by adding at the end the following: ‘‘An advi-
sory committee is considered to be established by an agen-
cy, 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.’’. 
(d) ADVISORY COMMITTEES CONTAINING SPECIAL 
GOVERNMENT EMPLOYEES.—Section 4 of the Federal Ad-
visory Committee Act (5 U.S.C. App.), as amended by 
subsections (a) and (b) of this section, is further amended 
by adding at the end the following new subsection: 
‘‘(e) SPECIAL
GOVERNMENT
EMPLOYEES.—Com-
mittee members appointed as special Government employ-
ees shall not be considered full-time or permanent part- 
time officers or employees of the Federal Government for 
purposes of determining the applicability of this Act under 
section 3(2).’’. 
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SEC. 4. INCREASING TRANSPARENCY OF ADVISORY COM-
MITTEES. 
(a) INFORMATION REQUIREMENT.—Section 11 of the 
Federal Advisory Committee Act (5 U.S.C. App.) is 
amended to read as follows: 
‘‘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 accord-
ance with subsection (b) the following information: 
‘‘(1) The charter of the advisory committee. 
‘‘(2) A description of the process used to estab-
lish and appoint the members of the advisory com-
mittee, including the following: 
‘‘(A) The process for identifying prospec-
tive members. 
‘‘(B) The process of selecting members for 
balance of viewpoints or expertise. 
‘‘(C) The reason each member was ap-
pointed to the committee. 
‘‘(D) A justification of the need for rep-
resentative 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. 
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‘‘(B) Whether the member is designated as 
a special Government employee or a representa-
tive. 
‘‘(C) In the case of a representative, the 
individuals or entity whose viewpoint the mem-
ber represents. 
‘‘(4) A list of all members designated as special 
Government employees for whom written certifi-
cations were made under section 208(b) of title 18, 
United States Code, a copy of each such certifi-
cation, a summary description of the conflict necessi-
tating the certification, and the reason for granting 
the certification. 
‘‘(5) Any recusal agreement made by a member 
or any recusal known to the agency that occurs dur-
ing the course of a meeting or other work of the 
committee. 
‘‘(6) A summary of the process used by the ad-
visory committee for making decisions. 
‘‘(7) Detailed minutes of all meetings of the 
committee and a description of committee efforts to 
make meetings accessible to the public using online 
technologies (such as video recordings) or other 
techniques (such as audio recordings). 
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‘‘(8) Any written determination by the Presi-
dent 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. 
‘‘(9) Notices of future meetings of the com-
mittee. 
‘‘(10) Any additional information considered 
relevant by the head of the agency to which the advi-
sory committee reports. 
‘‘(b) MANNER OF DISCLOSURE.— 
‘‘(1) IN GENERAL.—Except as provided in para-
graph (2), the head of an agency shall make the in-
formation required to be disclosed under this section 
available electronically on the official public website 
of the agency and to the Administrator 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 infor-
mation, such head shall make the information avail-
able as soon as practicable but no later than 48 
hours before the next meeting of the committee. An 
agency may withhold from disclosure any informa-
tion that would be exempt from disclosure under sec-
tion 552 of title 5, United States Code. 
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‘‘(2) WEBSITE AVAILABILITY.—The head of an 
agency shall make available electronically, on the of-
ficial public website of the agency, detailed minutes 
and, to the extent available, a transcript or audio or 
video recording of each advisory committee meeting 
not later than 30 calendar days after such meeting. 
‘‘(3) GRANT REVIEWS.—In the case of grant re-
views, disclosure of information required by sub-
section (a)(3) may be provided in the aggregate 
rather than by individual grant. 
‘‘(c) PROVISION
OF INFORMATION
BY ADMINIS-
TRATOR OF GENERAL SERVICES.—The Administrator of 
General Services shall provide, on the official public 
website of the General Services Administration, electronic 
access to the information made available by each agency 
under this section. 
‘‘(d) AVAILABILITY OF MEETING MATERIALS.—Ex-
cept 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, copies of advisory committee 
meeting materials.’’. 
(b) CHARTER FILING.—Subsection (f) of section 9 of 
the Federal Advisory Committee Act (5 U.S.C. App.), as 
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redesignated by section 2(a), is amended to read as fol-
lows: 
‘‘(f) No advisory committee shall meet or take any 
action until an advisory committee charter has been filed 
with the Administrator, the head of the agency to whom 
any advisory committee reports, and the standing commit-
tees of the Senate and of the House of Representatives 
having legislative jurisdiction of such agency. Such charter 
shall contain the following information in the following 
order: 
‘‘(1) The committee’s official designation. 
‘‘(2) The authority under which the committee 
is established. 
‘‘(3) The committee’s objectives and the scope 
of its activity. 
‘‘(4) A description of the duties for which the 
committee is responsible, and, if such duties are not 
solely advisory, a specification of the authority for 
such functions. 
‘‘(5) The agency or official to whom the com-
mittee reports. 
‘‘(6) The agency responsible for providing the 
necessary support for the committee. 
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‘‘(7) The responsibilities of the officer or em-
ployee of the Federal Government designated under 
section 10(e). 
‘‘(8) The estimated number and frequency of 
committee meetings. 
‘‘(9) The period of time necessary for the com-
mittee to carry out its purposes. 
‘‘(10) The committee’s termination date, if less 
than two years from the date of the committee’s es-
tablishment. 
‘‘(11) The estimated number of members and a 
description of the expertise needed to carry out the 
objectives of the committee. 
‘‘(12) A description of whether the committee 
will be composed of special Government employees, 
representatives, or members from both categories. 
‘‘(13) Whether the agency intends to create 
subcommittees and if so, the agency official author-
ized to exercise such authority. 
‘‘(14) The estimated annual operating costs in 
dollars and full-time equivalent positions for such 
committee. 
‘‘(15) The recordkeeping requirements of the 
committee. 
‘‘(16) The date the charter is filed. 
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A copy of any such charter shall also be furnished to the 
Library of Congress.’’. 
SEC. 5. MANAGING FEDERAL ADVISORY COMMITTEES. 
(a) COMMITTEE
MANAGEMENT
OFFICERS.—Sub-
section (c) of section 8 of the Federal Advisory Committee 
Act (5 U.S.C. App.), as redesignated by section 2(d), is 
amended to read as follows: 
‘‘(c) The head of each agency that has an advisory 
committee shall designate an Advisory Committee Man-
agement Officer who shall— 
‘‘(1) be a senior official who is— 
‘‘(A) an expert in implementing the re-
quirements of this Act and regulations promul-
gated pursuant to this Act; and 
‘‘(B) the primary point of contact for the 
General Services Administration; 
‘‘(2) be responsible for the establishment, man-
agement, and supervision of the advisory committees 
of the agency, including establishing procedures, per-
formance measures, and outcomes for such commit-
tees; 
‘‘(3) assemble and maintain the reports, 
records, and other papers (including advisory com-
mittee meeting materials) of any such committee 
during its existence; 
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‘‘(4) ensure any such committee and cor-
responding agency staff adhere to the provisions of 
this Act and any regulations promulgated pursuant 
to this Act; 
‘‘(5) maintain records on each employee of any 
such committee and completion of training required 
for any such employee; 
‘‘(6) be responsible for providing the informa-
tion required in section 7(b) of this Act to the Ad-
ministrator; and 
‘‘(7) carry out, on behalf of that agency, the 
provisions of section 552 of title 5, United States 
Code, with respect to the reports, records, and other 
papers described in paragraph (3).’’. 
SEC. 6. COMPTROLLER GENERAL REVIEW AND REPORTS. 
(a) REVIEW.—The Comptroller General of the United 
States shall review compliance by agencies with the Fed-
eral Advisory Committee Act, as amended by this Act, in-
cluding whether agencies are appropriately appointing ad-
visory committee members as either special Government 
employees or representatives. 
(b) REPORT.—The Comptroller General shall submit 
to the committees described in subsection (c) two reports 
on the results of the review, as follows: 
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(1) The first report shall be submitted not later 
than one year after the date of promulgation of reg-
ulations under section 7(c) of the Federal Advisory 
Committee Act (5 U.S.C. App.), as amended by sec-
tion 2(c). 
(2) The second report shall be submitted not 
later than five years after such date of promulgation 
of regulations. 
(c) COMMITTEES.—The committees described in this 
subsection are the Committee on Oversight and Govern-
ment Reform of the House of Representatives and the 
Committee on Homeland Security and Governmental Af-
fairs of the Senate. 
SEC. 7. APPLICATION OF FEDERAL ADVISORY COMMITTEE 
ACT TO TRADE ADVISORY COMMITTEES. 
Section 135(f)(2)(A) of the Trade Act of 1974 (19 
U.S.C. 2155(f)(2)(A)) is amended by striking ‘‘subsection 
(a) and (b) of sections 10 and 11 of the Federal Advisory 
Committee Act’’ and inserting ‘‘subsections (a) and (b) 
of section 10 and subsections (a)(7), (a)(8), (a)(9), (b)(2), 
and (d) of section 11 of the Federal Advisory Committee 
Act’’. 
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SEC. 8. DEFINITIONS. 
Section 3 of the Federal Advisory Committee Act (5 
U.S.C. App.) is amended by adding at the end the fol-
lowing new paragraph: 
‘‘(5) The term ‘special Government employee’ 
has the same meaning as in section 202(a) of title 
18, United States Code.’’. 
SEC. 9. TECHNICAL AND CONFORMING AMENDMENTS. 
Section 7(d)(1) of the Federal Advisory Committee 
Act (5 U.S.C. App.) is amended— 
(1) in subparagraph (A), by striking ‘‘the rate 
specified for GS–18 of the General Schedule under 
section 5332’’ and inserting ‘‘the rate for level IV of 
the Executive Schedule under section 5315’’; and 
(2) in subparagraph (C)(i), by striking ‘‘handi-
capped individuals (within the meaning of section 
501 of the Rehabilitation Act of 1973 (29 U.S.C. 
794))’’ and inserting ‘‘individuals with disabilities 
(as defined in section 7(20) of the Rehabilitation Act 
of 1973 (29 U.S.C. 705(20))’’. 
SEC. 10. EFFECTIVE DATE. 
This Act shall take effect 30 days after the date of 
the enactment of this Act. 
Æ 
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