Sec. 2. Ensuring independent advice and expertise
705 words·~3 min read·
/bill/115/hr/70/eh/section-2A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Section 9 of the Federal Advisory Committee Act (5 U.S.C. App.) is amended— in the section heading, by inserting after membership; ; advisory committees; by redesignating subsections
(b)and
(c)as subsections
(e)and (f), respectively; and by inserting after subsection
(a)the following: All appointments to advisory committees shall be made without regard to political affiliation or political activity, unless required by Federal statute. . 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: Prior to appointing members to an advisory committee, 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 subsection in selecting the members of an advisory committee. 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 special Government employee, if the individual is providing advice based on the individual’s expertise or experience; or a representative, if the individual is representing the views of an entity or entities outside of the Federal Government. An agency may not designate committee members as representatives to avoid subjecting them to Federal ethics rules and requirements. The designated agency ethics official for each agency shall review the members of each advisory committee that reports to the agency to determine whether each member’s designation is appropriate, 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— following the initial appointment of members; and at the time a committee’s charter is renewed, or, in the case of a committee with an indefinite charter, every 2 years. The head of each agency shall inform each individual appointed to an advisory committee that reports to the agency whether the individual is appointed as a special Government employee or as a representative. The agency head shall provide each committee member with an explanation of the differences 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. The Director of the Office of Government Ethics shall provide guidance to agencies on what to include in the summary of ethics requirements required by paragraph (4). The head of each agency shall, to the extent 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 members. . 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 . The Federal Advisory Committee Act (5 U.S.C. App.) is amended— in section 8— in the section heading, by inserting after independent advice and recommendations; ; responsibilities of agency heads; by redesignating subsection
(b)as subsection (c); and by inserting after subsection
(a)the following: 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 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 in section 10— in the section heading, by inserting after ; chair ; and attendance by inserting after subsection
(f)the following new subsection: The Chair shall not be an employee of the agency to which the advisory committee reports, unless— a statute specifically authorizes selection of such an employee as the Chair; or the head of the agency directs an employee to serve as the Chair. .