Sec. 4. Increasing transparency of advisory committees
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/bill/115/hr/70/eh/section-4A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Section 11 of the Federal Advisory Committee Act (5 U.S.C. App.) is amended to read as follows: With respect to each advisory committee, the head of the agency to which the advisory committee reports shall make publicly available in accordance with subsection
(b)the following information: The charter of the advisory committee. A description of the process used to establish and appoint the members of the advisory 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 justification of the need for representative members, if any. A list of all current members, including, for each member, the following: The name of any person or entity that nominated the member. Whether the member is designated as a special Government employee or a representative. In the case of a representative, the individuals or entity whose viewpoint the member represents. A list of all members designated as special Government employees for whom written certifications were made under section 208(b) of title 18, United States Code, a copy of each such certification, a summary description of the conflict necessitating the certification, and the reason for granting the certification. Any recusal agreement made by a member or any recusal known to the agency that occurs during the course of a meeting or other work of the committee. A summary of the process used by the advisory committee for making decisions. Detailed minutes of all meetings of the committee and a description of committee efforts to make meetings accessible to the public using online technologies (such as video recordings) or other techniques (such as audio recordings). Any written determination by the President or the head of the agency to which the advisory committee reports, pursuant to section 10(d), to close a meeting or any portion of a meeting and the reasons for such determination. Notices of future meetings of the committee. Any additional information considered relevant by the head of the agency to which the advisory committee reports. Except as provided in paragraph (2), the head of an agency shall make the information required to be disclosed under this section available electronically on the official public website of the agency and to the Administrator at least 15 calendar days before each meeting of an advisory committee. If the head of the agency determines that such timing is not practicable for any required information, such head shall make the information available as soon as practicable but no later than 48 hours before the next meeting of the committee. An agency may withhold from disclosure any information that would be exempt from disclosure under section 552 of title 5, United States Code. The head of an agency shall make available electronically, on the official public website of the agency, detailed minutes and, to the extent available, a transcript or audio or video recording of each advisory committee meeting not later than 30 calendar days after such meeting. In the case of grant reviews, disclosure of information required by subsection (a)(3) may be provided in the aggregate rather than by individual grant. The Administrator of General Services shall provide, on the official public website of the General Services Administration, electronic access to the information made available by each agency under this section. Except where prohibited by contractual agreements entered into prior to the effective date of this Act, agencies and advisory committees shall make available to any person, at actual cost of duplication, copies of advisory committee meeting materials. . Subsection
(f)of section 9 of the Federal Advisory Committee Act (5 U.S.C. App.), as redesignated by section 2(a) of this Act, is amended to read as follows: No advisory committee shall meet or take any action until an advisory committee charter has been filed with the Administrator, the head of the agency to whom any advisory committee reports, and the standing committees of the Senate and of the House of Representatives having legislative jurisdiction of such agency. Such charter shall contain the following information in the following order: The committee’s official designation. The authority under which the committee is established. The committee’s objectives and the scope of its activity. A description of the duties for which the committee is responsible, and, if such duties are not solely advisory, a specification of the authority for such functions. The agency or official to whom the committee reports. The agency responsible for providing the necessary support for the committee. The responsibilities of the officer or employee of the Federal Government designated under section 10(e). The estimated number and frequency of committee meetings. The period of time necessary for the committee to carry out its purposes. The committee’s termination date, if less than 2 years from the date of the committee’s establishment. The estimated number of members and a description of the expertise needed to carry out the objectives of the committee. A description of whether the committee will be composed of special Government employees, representatives, or members from both categories. Whether the agency intends to create subcommittees and if so, the agency official authorized to exercise such authority. The estimated annual operating costs in dollars and full-time equivalent positions for such committee. The recordkeeping requirements of the committee. The date the charter is filed. A copy of any such charter shall also be furnished to the Library of Congress. .