Federal Advisory Committee Act Amendments of 2010
Latest action · Jul 27, 2010 Received in the Senate and Read twice and referred to the Committee on Homeland Security and Governmental Affairs.
Progress
Where this bill reached, and when. A stage with no date was not reached; one that failed a vote and later carried shows the date it carried.
- IntroducedMar 5, 2009
- Passed HouseJul 26, 2010
- Passed SenateNot reached
- To the PresidentNot reached
- Became lawNot reached
Summary
Federal Advisory Committee Act Amendments of 2010 - (Sec. 2) Amends the Federal Advisory Committee Act (FACA) to require appointments to advisory committees to be made without regard to political affiliation or activity, unless otherwise required by federal statute.
Directs the head of an agency, prior to appointing members to an advisory committee, to give interested persons an opportunity to suggest potential committee members. Directs the agency to: (1) include a request for comments in the required notice regarding establishment of the advisory committee; (2) provide a mechanism for interested persons to comment through the agency's official website; and (3) consider any comments submitted in selecting members.
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 or entities outside of the federal government. Prohibits an agency from designating committee members as representatives to avoid subjecting them to federal ethics rules and requirements.
Requires the designated ethics official for each agency to: (1) determine whether each agency advisory committee member's designation is appropriate and to redesignate members if necessary; and (2) certify to the agency head that such determination 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 two years).
Directs the agency head to: (1) inform each individual appointed to an agency advisory committee about whether the individual is appointed as a special government employee or as a representative, the differences between the two, and applicable ethics requirements; and (2) obtain a signed confirmation that each member received such information. Requires the Director of the Office of Government Ethics to provide guidance to agencies on such ethics requirements.
Directs the agency head to develop and implement strategies to minimize the need for written determinations regarding whether an employee's financial interest is likely to affect the integrity of the services which the government may expect from such employee.
Requires the Administrator of General Services to promulgate regulations to implement FACA.
(Sec. 3) Deems: (1) an individual who is not a full-time or permanent part-time officer or employee of the federal government to be a member of an advisory committee if the individual regularly attends and participates in committee meetings, even if the individual does not have the right to vote; and (2) an advisory committee to be established by an agency or the President if it is formed, created, or organized under contract, other transactional authority, cooperative agreement, grant, or otherwise at the request or direction of an agency or the President.
(Sec. 4) Requires the head of an agency to which an advisory committee reports to make available on the agency's official public Internet site: (1) the committee's charter; (2) the process used to establish and appoint committee members; (3) specified information about current members, including special government employees for whom conflict of interest certifications were made; (4) information about any recusals from any meeting or other work of the committee; (5) a summary each committee's decision-making process; (6) transcripts or recordings of committee meetings; (7) determinations to close meetings; and (8) notices of future meetings. Requires the Administrator to provide electronic access to such information on the General Services Administration's (GSA's) Internet site. Expands the information required to be disclosed about advisory committee charters.
(Sec. 5) Requires the Comptroller General to review and report on agency compliance with FACA.
(Sec. 6) Amends the Trade Act of 1974 to specify the applicability of FACA provisions to trade advisory committees.
Recorded votes 1
Newest first. Open one to see how every member voted.
| Roll call | Question | Result | Date |
|---|---|---|---|
| House 467 | On Motion to Suspend the Rules and Pass, as Amended | Passed250–124 | Jul 26, 2010 |
Cosponsors 1
Members who signed on, in the order they did. All signed on Mar 5, 2009.
| Seat | Cosponsor | Signed on | |
|---|---|---|---|
| D-NY | Edolphus Towns | Original | Mar 5, 2009 |
Committees 2
Where it was sent and what each committee and subcommittee did with it, in order.
| Chamber | Committee | What it did |
|---|---|---|
| House | Oversight and Government Reform Committee | Referred Mar 5, 2009Markup Mar 10, 2009Reported Jun 4, 2009 |
| Senate | Homeland Security and Governmental Affairs Committee | Referred Jul 27, 2010 |
Actions 14
Everything that happened, newest first.
- Jul 27, 2010Received in the Senate and Read twice and referred to the Committee on Homeland Security and Governmental Affairs.
- Jul 26, 2010Ms. Norton moved to suspend the rules and pass the bill, as amended.
- Jul 26, 2010Considered under suspension of the rules. (consideration: CR H6017-6020)
- Jul 26, 2010DEBATE - The House proceeded with forty minutes of debate on H.R. 1320.
- Jul 26, 2010At the conclusion of debate, the Yeas and Nays were demanded and ordered. Pursuant to the provisions of clause 8, rule XX, the Chair announced that further proceedings on the motion would be postponed.
- Jul 26, 2010Considered as unfinished business. (consideration: CR H6020-6021)
- Jul 26, 2010Passed/agreed to in House: On motion to suspend the rules and pass the bill, as amended Agreed to by the Yeas and Nays: (2/3 required): 250 - 124 (Roll no. 467). (text: CR H6017-6018)
- Jul 26, 2010Motion to reconsider laid on the table Agreed to without objection.
- Jun 4, 2009Reported by the Committee on Oversight and Government. H. Rept. 111-135.
- Jun 4, 2009Placed on the Union Calendar, Calendar No. 68.
- Mar 10, 2009Committee Consideration and Mark-up Session Held.
- Mar 10, 2009Ordered to be Reported by the Yeas and Nays: 16 - 1.
- Mar 5, 2009Introduced in House
- Mar 5, 2009Referred to the House Committee on Oversight and Government Reform.
In the Congressional Record 1
Days the Record’s own index lists this bill, newest first, with the pages and the members it names. Pages starting H are the House, S the Senate, E Extensions of Remarks.
| Where | In the Record | Members | Date |
|---|---|---|---|
| House | Debate and remarks H6017–H6021Text printed H6017Recorded votes H6020increase | Eleanor Holmes Norton D-DC, Jo Bonner R-AL, Wm. Lacy Clay D-MO | Jul 26, 2010 |
Research
What has been written about this bill: committee reports, cost estimates, the sponsor’s authority statement, printed hearings and the Congressional Research Service’s work.
Committee report
Congressional Budget Office cost estimates 2
- Mar 24, 2009H.R. 1320, Federal Advisory Committee Act Amendments of 2009<p>Cost estimate for the bill as ordered reported by the House Committee on Oversight and Government Reform on March 10, 2009</p>
- Mar 24, 2009H.R. 1320, Federal Advisory Committee Act Amendments of 2009Cost estimate for the bill as ordered reported by the House Committee on Oversight and Government Reform on March 10, 2009
Printed hearings 1
Hearings whose printed record names this bill, newest first: hearings on it, and wider hearings where it came up.
| Number | Hearing | Committee | Held |
|---|---|---|---|
| Serial No. 111-28 | THE TRADE ADVISORY COMMITTEE SYSTEM139 pages | Ways and Means Committee | Jul 21, 2009 |
CRS reports 2
Congressional Research Service work that CRS links to this bill or the law it became, newest first.
Cite it 2
Products on other subjects that cite it, usually among other measures.
| Product | Title | Kind | Published |
|---|---|---|---|
| R44253 | Federal Advisory Committees: An Introduction and Overview Archived | Report | Oct 27, 2016 |
| R44248 | The Federal Advisory Committee Act: Analysis of Operations and Costs Archived | Report | Sep 2, 2016 |
Titles 4
Every title it has carried, official and short, at each stage.
- Official Title as Introduced
- To amend the Federal Advisory Committee Act to increase the transparency and accountability of Federal advisory committees, and for other purposes.
- Short Titles as Introduced
- Federal Advisory Committee Act Amendments of 2009
- Short Titles as Reported to House
- Federal Advisory Committee Act Amendments of 2009
- Short Titles as Passed House
- Federal Advisory Committee Act Amendments of 2010
Subjects
Assigned by the Library of Congress. Policy area: Government Operations and Politics.
- Administrative law and regulatory procedures
- Advisory bodies
- Congressional oversight
- General Services Administration
- Government ethics and transparency, public corruption
- Government information and archives
- Government Operations and Politics
- Office of Government Ethics
- Political parties and affiliation
Text 4
Each version as it was printed, newest first.
- Jul 27, 2010Referred in Senate
- Jul 26, 2010Engrossed in House
- Jun 4, 2009Reported in House
- Mar 5, 2009Introduced in House
Everything here is as published by Congress: the summary is the Congressional Research Service's, the action wording is the clerks', and the subjects are the Library of Congress's. How far it got is read from the actions themselves, taking the most recent one of each kind, so a bill that failed a vote and later passed is shown as having passed. Records come from this bill on Congress.gov and govinfo.gov; cost estimates are the Congressional Budget Office's, and the hearings are the printed hearings GovInfo publishes, which can appear months after the hearing.