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H.R. 5687, The Federal Advisory Committee Act Amendments of 2008
- This item is from the 110th Congress (2007-2008) and is no longer current. Comments, voting, and wiki editing have been disabled, and the cost/savings estimate has been frozen.
Comparing revision saved on May 16, 2008, 19:31:26 (webmaster), with revision saved on August 8, 2008, 19:35:29 (webmaster):
H.R. 5687 would amend the Federal Advisory Committee Act to increase the transparency and accountability of Federal advisory committees.
== Detailed Summary ==
<summary>
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. RequiresDirects each agency head toto: (1) ensure that: (1)that no individual is appointed who has a relevant conflict of interest,interest is appointed unless the conflict is unavoidable and the need for the individual's serviceservices outweighs the potential impacts of the conflict; and (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 judgment.from the agency.
Requires public disclosure of:Declares that: (1) any such conflictthis Act is not intended to preclude agency heads from requiring the recusal of individuals with conflicts from particular aspects of interest;the committee's work; and (2) any communication between an interagency committee or task force established byindividual representative's association with the President or the Vice President and a person who isentity whose views are being represented shall not itself be considered to be a federal officer or employee; (3) chartersconflict 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).interest.
RequiresRequires: (1) the Administratorpublic disclosure of General Services to: (1) provide electronic access to such information;any conflict of interest; (2) the Director of the Office of Government Ethics to promulgate regulations defining "conflict of interest";interest" and (3) issue guidanceidentifying the method for agenciesdisclosure and advisory committees on procedures and best practices for ensuring the advisory committees provide independent adviceperiod back in time an interest is considered a conflict; and expertise.(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 an individual whocommittee charters to include: (1) the authority under which the committee is notestablished; (2) the estimated number of members and a full-time or permanent part-time federal officer or employeedescription of the expertise needed to be regarded ascarry out the committee's objectives; (3) a committee member ifdescription of whether the individual regularly attendscommittee will be composed of special government employees, representatives, or members from both categories; and participates in(4) whether the committee meetings, even ifhas the individual does not haveauthority to create subcommittees and, if so, the rightagency official authorized to vote on or veto committee advice or recommendations.exercise such authority.
Requires(Sec. 5) Requires the Comptroller General to review and report on agency compliance by agencies with such Act.the Federal Advisory Committee Act, including whether agencies are appropriately appointing advisory committee members as either special government employees or representatives.
</summary>
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== Status of the Legislation ==
<status>
Latest Major Action: 5/15/2008: Placed on6/25/2008: Referred to Senate committee. Status: Received in the Union Calendar, Calendar No. 411.Senate and Read twice and referred to the Committee on Homeland Security and Governmental Affairs.
</status>
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== Points in Favor ==
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== Points Against ==
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