Federal Advisory Committee Act Amendments of 2017

Bill: 115-hr-70
Sponsor: Rep. Clay, Wm. Lacy [D-MO-1]
Introduced: 2017-01-03 in the House
Policy area: Government Operations and Politics
Subjects: Advisory bodies
Congressional oversight
Government ethics and transparency, public corruption
Government information and archives
Government studies and investigations
Political parties and affiliation

Summary:
action_date: 2017-01-03
text: 

Federal Advisory Committee Act Amendments of 2017

 
 This bill amends the Federal Advisory Committee Act (FACA) to require appointments to federal agency advisory committees to be made without regard to political affiliation or activity, unless required by federal statute.Each agency, prior to appointing members to an advisory committee, must give interested persons an opportunity to suggest potential committee members.
 
The bill requires an individual appointed to an advisory committee who is not a full-time or permanent part-time officer or employee of the federal government to be designated as: (1) a special government employee if the individual is providing advice based on the individual's expertise or experience, or (2) a representative if the individual is representing the views of an entity outside of the federal government. An agency is prohibited from designating committee members as representatives to avoid subjecting them to federal ethics rules and requirements.
 
 Each agency shall ensure that advice and recommendations of an advisory committee that reports to the agency are the result of the advisory committee's judgment, independent from the agency.
 
 An individual who is not an officer or employee of the federal government shall be regarded as a member of an advisory 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 recommendations of the committee.
 
Each agency shall make available on its Internet site specified information about each of the agency's advisory committees and their activities and shall designate an Advisory Committee Management Officer to be responsible for the establishment, management, and supervision of the agency's advisory committees. The Government Accountability Office shall review and report on compliance by agencies with FACA.

action_date: 2017-01-04
text: 

Federal Advisory Committee Act Amendments of 2017

 
This bill amends the Federal Advisory Committee Act (FACA) to modify and expand requirements for federal advisory committees. A federal advisory committee is any term-limited committee, board, commission, council, conference, panel, task force, or similar group that dispenses objective advice and recommendations to officers and agencies of the executive branch.
 
(Sec. 2) The bill requires that appointments to federal advisory committees be made without regard to political affiliation or political activity, unless required by federal statute. The head of a federal agency making an appointment to an advisory committee must give interested persons an opportunity to suggest potential committee members by including a request for comments in the Federal Register and providing a mechanism for interested persons to comment through the agency's official website. The agency must consider any comments submitted in making selections of advisory committee members. 
 
Any 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: (1) a special government employee if the individual is providing advice based on the individual's expertise or experience, or (2) a representative if representing the views of an entity outside of the federal government. An agency may not designate committee members as representatives to avoid making them subject to federal ethics rules and requirements. 
 
A designated ethics official of each agency shall review the designation of each member of an advisory committee to determine whether such member's designation is appropriate and may redesignate members if appropriate. 
 
Agency heads must ensure that the agency does not interfere with the free and independent participation, expression of views, and deliberation by advisory committee members. 
 
(Sec. 3) The bill deems an individual who is not a full-time or permanent part-time officer or employee of the federal government as a member of an advisory committee if such individual regularly attends and participates in committee meetings, even if such individual does not have the right to vote or veto the advice or recommendations of the committee. Subcommittees of advisory committees, advisory committees established under contract or other transactional authority, and committees that include members appointed as special government employees are deemed subject to FACA requirements. 
 
(Sec. 4) Agencies must make publicly available for each advisory committee: (1) the charter of the advisory committee; (2) the member appointment process; (3) a list of all current members, including designations as representatives or special government employees; (4) any recusal agreement made by a committee member to avoid a conflict of interest; (5) committee processes for making decisions; (6) detailed meeting minutes; and (7) notices of future committee meetings. This information must be placed on the agency's website and the website of the General Services Administration (GSA). 
 
Advisory committees may not meet or take any action until an advisory committee charter has been filed with the GSA, the agency to which the committee reports, and specified congressional committees. 
 
(Sec. 5) The head of each federal agency that has an advisory committee must designate a senior agency official as the agency's Advisory Committee Management Officer. Such official shall be an expert in implementing the requirements of FACA and shall be the primary point of contact for the GSA.
 
(Sec. 6) The Government Accountability Office shall review, and report on, compliance by agencies with FACA, as amended by this bill, including whether agencies are appropriately appointing advisory committee members as either special government employees or representatives. 
 
(Sec. 7) The bill amends the Trade Act of 1974 to expand exemptions from FACA requirements for trade advisory committees under such Act.
 
(Sec. 8) The bill adopts, for purposes of FACA , the definition of &quot;special Government employee&quot; in the federal criminal code.
 
(Sec. 10) The effective date of this bill is 30 days after its enactment. 
 
(Sec. 11) No additional funds shall be authorized to carry out the requirements in this bill. 

action_date: 2018-03-22
text: 

Federal Advisory Committee Act Amendments of 2017

 
This bill amends the Federal Advisory Committee Act (FACA) to modify and expand requirements for federal advisory committees. A federal advisory committee is any term-limited committee, board, commission, council, conference, panel, task force, or similar group that dispenses objective advice and recommendations to officers and agencies of the executive branch.
 
(Sec. 2) The bill requires that appointments to federal advisory committees be made without regard to political affiliation or political activity, unless required by federal statute. The head of a federal agency making an appointment to an advisory committee must give interested persons an opportunity to suggest potential committee members by including a request for comments in the Federal Register and providing a mechanism for interested persons to comment through the agency's official website. The agency must consider any comments submitted in making selections of advisory committee members. 
 
Any 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: (1) a special government employee if the individual is providing advice based on the individual's expertise or experience, or (2) a representative if representing the views of an entity outside of the federal government. An agency may not designate committee members as representatives to avoid making them subject to federal ethics rules and requirements. 
 
A designated ethics official of each agency shall review the designation of each member of an advisory committee to determine whether such member's designation is appropriate and may redesignate members if appropriate. 
 
Agency heads must ensure that the agency does not interfere with the free and independent participation, expression of views, and deliberation by advisory committee members. 
 
(Sec. 3) The bill deems an individual who is not a full-time or permanent part-time officer or employee of the federal government as a member of an advisory committee if such individual regularly attends and participates in committee meetings, even if such individual does not have the right to vote or veto the advice or recommendations of the committee. Subcommittees of advisory committees, advisory committees established under contract or other transactional authority, and committees that include members appointed as special government employees are deemed subject to FACA requirements. 
 
(Sec. 4) Agencies must make publicly available for each advisory committee: (1) the charter of the advisory committee; (2) the member appointment process; (3) a list of all current members, including designations as representatives or special government employees; (4) any recusal agreement made by a committee member to avoid a conflict of interest; (5) committee processes for making decisions; (6) detailed meeting minutes; and (7) notices of future committee meetings. This information must be placed on the agency's website and the website of the General Services Administration (GSA). 
 
Advisory committees may not meet or take any action until an advisory committee charter has been filed with the GSA, the agency to which the committee reports, and specified congressional committees. 
 
(Sec. 5) The head of each federal agency that has an advisory committee must designate a senior agency official as the agency's Advisory Committee Management Officer. Such official shall be an expert in implementing the requirements of FACA and shall be the primary point of contact for the GSA.
 
(Sec. 6) The Government Accountability Office shall review, and report on, compliance by agencies with FACA, as amended by this bill, including whether agencies are appropriately appointing advisory committee members as either special government employees or representatives. 
 
(Sec. 7) The bill amends the Trade Act of 1974 to expand exemptions from FACA requirements for trade advisory committees under such Act.
 
(Sec. 8) The bill adopts, for purposes of FACA , the definition of &quot;special Government employee&quot; in the federal criminal code.
 
(Sec. 10) The effective date of this bill is 30 days after its enactment. 
 
(Sec. 11) No additional funds shall be authorized to carry out the requirements in this bill. 


Legislative actions:
action_date: 2018-03-22
text: Placed on Senate Legislative Calendar under General Orders. Calendar No. 362.
action_date: 2018-03-22
text: Committee on Homeland Security and Governmental Affairs. Reported by Senator Johnson without amendment. With written report No. 115-217.
action_date: 2018-03-22
text: Committee on Homeland Security and Governmental Affairs. Reported by Senator Johnson without amendment. With written report No. 115-217.
action_date: 2017-10-04
text: Committee on Homeland Security and Governmental Affairs. Ordered to be reported without amendment favorably.
action_date: 2017-01-05
text: Received in the Senate and Read twice and referred to the Committee on Homeland Security and Governmental Affairs.
action_date: 2017-01-04
text: Referred to the Subcommittee on Trade.
action_date: 2017-01-04
text: Motion to reconsider laid on the table Agreed to without objection.
action_date: 2017-01-04
text: On motion to suspend the rules and pass the bill Agreed to by voice vote. (text: CR H67-69)
action_date: 2017-01-04
text: Passed/agreed to in House: On motion to suspend the rules and pass the bill Agreed to by voice vote.(text: CR H67-69)
action_date: 2017-01-04
text: DEBATE - The House proceeded with forty minutes of debate on H.R. 70.
action_date: 2017-01-04
text: Considered under suspension of the rules. (consideration: CR H67-70)
action_date: 2017-01-04
text: Mr. Chaffetz moved to suspend the rules and pass the bill.
action_date: 2017-01-03
text: Referred to the Committee on Oversight 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.
action_date: 2017-01-03
text: Referred to the Committee on Oversight 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.
action_date: 2017-01-03
text: Referred to the Committee on Oversight 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.
action_date: 2017-01-03
text: Introduced in House
action_date: 2017-01-03
text: Introduced in House