Sec. 5. Open Government Advisory Committee

573 words·~3 min read·/bill/113/hr/1211/eh/section-5

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

The Archivist of the United States shall establish an Open Government Advisory Committee (in this section, referred to as the Committee ), an independent advisory committee to make recommendations for improving Government transparency. The Committee shall be composed of at least nine members appointed by the Archivist, one of whom shall be designated the Chair by the members, and shall meet at such times and places as may be designated by the Chair. Each member of the Committee shall be qualified by education, training, or experience to make recommendations on improving Government transparency.

The membership of the Committee shall include— representatives of the Department of Justice and the Office of Government Information Services; at least two members with experience requesting information under section 552 of title 5, United States Code (including one member of the news media); and at least one member with expertise in information technology. While serving on the business of the Committee, and while so serving away from home and the member’s regular place of business, a member may be allowed travel expenses, as authorized by the Archivist.

The members of the Committee shall be considered to be special Government employees (as such term is defined in section 202 of title 18, United States Code). The Archivist may appoint and fix the compensation of such personnel as may be necessary to enable the Committee to carry out its functions. Any personnel of the Committee who are employees shall be employees under section 2105 of title 5, United States Code. Any Federal Government employee may be detailed to the Committee without reimbursement from the Committee, and such detailee shall retain the rights, status, and privileges of regular employment of such employee without interruption.

The Federal Advisory Committee Act (5 U.S.C. App.) shall apply to the Committee and any subcommittee or subgroup thereof. The Archivist shall make publicly available the following information: The charter of the Committee. A description of the process used to establish and appoint the members of the Committee, including the following: The process for identifying prospective members. The process of selecting members for balance of viewpoints or expertise. The reason each member was appointed to the Committee.

A list of all current members, including, for each member, the name of any person or entity that nominated the member. A summary of the process used by the Committee for making decisions. A transcript or audio or visual recording of each meeting of the Committee. Any written determination by the President or the Archivist, pursuant to section 10(d) of the Federal Advisory Committee Act (5 U.S.C. App.), to close a meeting or any portion of a meeting and the reasons for such determination.

Notices of future meetings of the Committee. Except as provided in paragraph (2), the Archivist shall make the information required to be disclosed under this section available electronically on the official public website of the National Archives and Records Administration at least 15 calendar days before each meeting of the Committee. If the Archivist determines that such timing is not practicable for any required information, the Archivist shall make the information available as soon as practicable but no later than 48 hours before the next meeting of the Committee.

The Archivist shall make available electronically, on the official public website of the National Archives and Records Administration, a transcript or audio or video recording of each Committee meeting not later than 30 calendar days after such meeting.