IIB 
115TH CONGRESS 
1ST SESSION 
H. R. 70 
IN THE SENATE OF THE UNITED STATES 
JANUARY 5, 2017 
Received; read twice and referred to the Committee on Homeland Security and 
Governmental Affairs 
AN ACT 
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, 
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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. 
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 
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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: 
‘‘(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 
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‘‘(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. 
‘‘(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-
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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 
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’’. 
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(d) ENSURING INDEPENDENT ADVICE
AND REC-
OMMENDATIONS.—The Federal Advisory Committee Act 
(5 U.S.C. App.) is amended— 
(1) in section 8— 
(A) in the section heading, by inserting 
‘‘INDEPENDENT
ADVICE
AND
RECOMMENDA-
TIONS;’’ after ‘‘RESPONSIBILITIES 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 the 
agency does not interfere with the free and independent 
participation, expression of views, and deliberation by 
committee members. Each advisory committee shall in-
clude a statement describing the process used by the advi-
sory committee in formulating the advice and rec-
ommendations 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: 
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‘‘(g) The Chair shall not be an employee of the agen-
cy to which the advisory committee reports, unless— 
‘‘(1) a statute specifically authorizes selection of 
such an employee as the Chair; or 
‘‘(2) the head of the agency directs an employee 
to serve as the Chair.’’. 
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.), as amended by 
subsection (a) of this section, is further amended by strik-
ing subsection (a) and inserting the following: 
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