Federal Advisory Committee Act Amendments of 2008

Bill: 110-hr-5687
Sponsor: Rep. Clay, Wm. Lacy [D-MO-1]
Introduced: 2008-04-03 in the House
Policy area: Government Operations and Politics
Subjects: Administrative procedure
Civil Rights and Liberties, Minority Issues
Commerce
Conflict of interests
Congress
Congressional investigations
Congressional reporting requirements
Decision making
Electronic government information
Federal advisory bodies
Freedom of information
General Services Administration
Government and business
Government ethics
Government publicity
Law
Political parties
Presidential commissions
Science, Technology, Communications
Vice Presidents

Summary:
action_date: 2008-04-03
text: 
Federal Advisory Committee Act Amendments of 2008 - Amends the Federal Advisory Committee Act to require appointments to advisory committees to be made without regard to political affiliation or activity, unless required by federal statute. Requires each agency head to ensure that: (1) no individual is appointed who has a relevant conflict of interest, unless the conflict is unavoidable and the need for the individual's service outweighs the potential impacts of the conflict; and (2) committee reports are the result of independent judgment.

Requires public disclosure of: (1) any such conflict of interest; (2) any communication between an interagency committee or task force established by the President or the Vice President and a person who is not a federal officer or employee; (3) charters of advisory committees; (4) the process used to establish and appoint committee members; (5) specified information about current members; (6) each committee's decision-making process; (7) transcripts or recordings of committee meetings; and (8) determinations to close meetings. Requires agency heads to make such information available electronically 15 days before each meeting (or 7 days after for meeting transcripts or recordings).

Requires the Administrator of General Services to: (1) provide electronic access to such information; (2) promulgate regulations defining &quot;conflict of interest&quot;; and (3) issue guidance for agencies and advisory committees on procedures and best practices for ensuring the advisory committees provide independent advice and expertise.

Requires an individual who is not a full-time or permanent part-time federal officer or employee to be regarded as a committee member if the individual regularly attends and participates in committee meetings, even if the individual does not have the right to vote on or veto committee advice or recommendations.

Requires the Comptroller General to review compliance by agencies with such Act.

action_date: 2008-05-15
text: 
Federal Advisory Committee Act Amendments of 2008 - (Sec. 2) Amends the Federal Advisory Committee Act to require appointments to advisory committees to be made without regard to political affiliation or activity, unless required by federal statute. Requires each agency head to ensure that: (1) no individual who has a relevant conflict of interest is appointed to an advisory committee that reports to the agency, unless the conflict is unavoidable and the need for the individual's service outweighs the potential impacts of the conflict; and (2) advisory committee reports are the result of the committee's judgment, independent from the agency. Requires: (1) the public disclosure of any such conflict of interest; (2) the Director of the Office of Government Ethics to promulgate regulations defining &quot;conflict of interest&quot;; and (3) the Administrator of General Services to promulgate regulations necessary to implement the Federal Advisory Committee Act.

(Sec. 3) Regards an individual who is not a full-time or permanent part-time officer or employee of the federal government 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 committee's advice or recommendations.

(Sec. 4) Requires public disclosure of: (1) any communication between an interagency advisory committee established by the President or the Vice President and a person who is not a federal officer or employee; (2) charters of advisory committees; (3) the process used to establish and appoint committee members; (4) specified information about current members; (5) each committee's decision-making process; (6) transcripts or recordings of committee meetings; (7) determinations to close meetings; and (8) notices of future committee meetings. Requires agency heads to make such information available electronically 15 days before each meeting (or 7 days after for meeting transcripts or recordings). Requires the Administrator of General Services to provide electronic access to such information on the General Services Administration's (GSA) official public Internet site.

Requires committee charters to include: (1) the authority under which the committee is established; (2) the estimated number of members and a description of the expertise needed to carry out the committee's objectives; (3) a description of whether the committee will be composed of special government employees, representatives, or members from both categories; and (4) whether the committee has the authority to create subcommittees and, if so, the individual authorized to exercise such authority. 

(Sec. 5) Requires the Comptroller General to review and report on the compliance by agencies with such Act, including whether agencies are appropriately appointing advisory committee members as either special government employees or representatives.

action_date: 2008-06-24
text: 
Federal Advisory Committee Act Amendments of 2008 - (Sec. 2) Amends the Federal Advisory Committee Act to require appointments to advisory committees to be made without regard to political affiliation or activity, unless otherwise required by federal statute. Directs each agency head to: (1) ensure that no individual who has a conflict of interest is appointed unless the need for the individual's services outweighs the potential impacts of the conflict; (2) require that each individual to be appointed inform the agency of any actual or potential conflict that exists before the appointment or that arises while the individual is serving; and (3) ensure that advisory committee reports are the result of the committee's judgment, independent from the agency. 

Declares that: (1) this Act is not intended to preclude agency heads from requiring the recusal of individuals with conflicts from particular aspects of the committee's work; and (2) an individual representative's association with the entity whose views are being represented shall not itself be considered to be a conflict of interest.

Requires: (1) the public disclosure of any conflict of interest; (2) the Director of the Office of Government Ethics to promulgate regulations defining &quot;conflict of interest&quot; and identifying the method for disclosure and the period back in time an interest is considered a conflict; and (3) the Administrator of General Services to promulgate regulations to implement the Federal Advisory Committee Act.

(Sec. 3) Regards an individual who is not a full-time or permanent part-time officer or employee of the federal government 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 committee's advice or recommendations.

(Sec. 4) Requires public disclosure of: (1) any communication between an interagency advisory committee established by the President or the Vice President and a person who is not a federal officer or employee; (2) charters of advisory committees; (3) the process used to establish and appoint committee members; (4) specified information about current members; (5) each committee's decision-making process; (6) transcripts or recordings of committee meetings; (7) determinations to close meetings; and (8) notices of future committee meetings. Requires agency heads to make such information available electronically 15 days before each meeting (or 30 days after for meeting transcripts or recordings). Authorizes an agency to withhold from disclosure any information that would be exempt from disclosure under the Freedom of Information Act. Requires the Administrator of General Services to provide electronic access to such information on the General Services Administration's (GSA's) Internet site.

Requires committee charters to include: (1) the authority under which the committee is established; (2) the estimated number of members and a description of the expertise needed to carry out the committee's objectives; (3) a description of whether the committee will be composed of special government employees, representatives, or members from both categories; and (4) whether the committee has the authority to create subcommittees and, if so, the agency official authorized to exercise such authority. 

(Sec. 5) Requires the Comptroller General to review and report on agency compliance with the Federal Advisory Committee Act, including whether agencies are appropriately appointing advisory committee members as either special government employees or representatives.


Legislative actions:
action_date: 2008-06-25
text: Received in the Senate and Read twice and referred to the Committee on Homeland Security and Governmental Affairs.
action_date: 2008-06-24
text: Motion to reconsider laid on the table Agreed to without objection.
action_date: 2008-06-24
text: On motion to suspend the rules and pass the bill, as amended Agreed to by voice vote. (text: CR H5994-5995)
action_date: 2008-06-24
text: Passed/agreed to in House: On motion to suspend the rules and pass the bill, as amended Agreed to by voice vote.(text: CR H5994-5995)
action_date: 2008-06-24
text: DEBATE - The House proceeded with forty minutes of debate on H.R. 5687.
action_date: 2008-06-24
text: Considered under suspension of the rules. (consideration: CR H5994-5997)
action_date: 2008-06-24
text: Mr. Clay moved to suspend the rules and pass the bill, as amended.
action_date: 2008-05-15
text: Placed on the Union Calendar, Calendar No. 411.
action_date: 2008-05-15
text: Reported (Amended) by the Committee on Oversight and Government. H. Rept. 110-650.
action_date: 2008-05-15
text: Reported (Amended) by the Committee on Oversight and Government. H. Rept. 110-650.
action_date: 2008-04-09
text: Ordered to be Reported (Amended) by Voice Vote.
action_date: 2008-04-09
text: Committee Consideration and Mark-up Session Held.
action_date: 2008-04-03
text: Referred to the House Committee on Oversight and Government Reform.
action_date: 2008-04-03
text: Introduced in House
action_date: 2008-04-03
text: Introduced in House