Federal Advisory Committee Act Amendments of 2016
Latest action · Mar 2, 2016 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.
- IntroducedMay 15, 2015
- Passed HouseMar 1, 2016
- Passed SenateNot reached
- To the PresidentNot reached
- Became lawNot reached
Summary
Federal Advisory Committee Act Amendments of 2016
This bill amends the Federal Advisory Committee Act (FACA) to modify and expand requirements for federal advisory committees. . A federal advisory committee is any term-limited committee, board, commission, council, conference, panel, task force, or similar group that dispenses objective advice and recommendations to officers and agencies of the executive branch.
(Sec. 2) The bill requires that appointments to federal advisory committees be made without regard to political affiliation or political activity, unless required by federal statute. The head of a federal agency making an appointment to an advisory committee must give interested persons an opportunity to suggest potential committee members by including a request for comments in the Federal Register and providing a mechanism for interested persons to comment through the agency's official website. The agency must consider any comments submitted in making selections of advisory committee members.
Any 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: (1) a special government employee if the individual is providing advice based on the individual's expertise or experience, or (2) a representative if representing the views of an entity outside of the federal government. An agency may not designate committee members as representatives to avoid making them subject to federal ethics rules and requirements.
A designated ethics official of each agency shall review the designation of each member of an advisory committee to determine whether such member's designation is appropriate and may redesignate members if appropriate.
Agency heads must ensure that the agency does not interfere with the free and independent participation, expression of views, and deliberation by advisory committee members.
(Sec. 3) The bill deems an individual who is not a full-time or permanent part-time officer or employee of the federal government as a member of an advisory committee if such individual regularly attends and participates in committee meetings, even if such individual does not have the right to vote or veto the advice or recommendations of the committee. Subcommittees of advisory committees, advisory committees established under contract or other transactional authority, and committees that include members appointed as special government employees are deemed subject to FACA requirements.
(Sec. 4) Agencies must make publicly available for each advisory committee: (1) the charter of the advisory committee; (2) the member appointment process; (3) a list of all current members, including designations as representatives or special government employees; (4) any recusal agreement made by a committee member to avoid a conflict of interest; (5) committee processes for making decisions; (6) detailed meeting minutes; and (7) notices of future committee meetings. This information must be placed on the agency's website and the website of the General Services Administration (GSA).
Advisory committees may not meet or take any action until an advisory committee charter has been filed with the GSA, the agency to which the committee reports, and specified congressional committees.
(Sec. 5) The head of each federal agency that has an advisory committee must designate a senior agency official as the agency's Advisory Committee Management Officer. Such official shall be an expert in implementing the requirements of FACA and shall be the primary point of contact for the GSA.
(Sec. 6) The Government Accountability Office shall review, and report on, compliance by agencies with FACA, as amended by this Act, including whether agencies are appropriately appointing advisory committee members as either special government employees or representatives.
(Sec. 7) The bill amends the Trade Act of 1974 to expand exemptions from FACA requirements for trade advisory committees under such Act.
(Sec. 8) The bill adopts, for purposes of FACA , the definition of "special Government employee" in the federal criminal code.
(Sec. 10) The effective date of this bill is 30 days after its enactment.
(Sec. 11) No additional funds shall be authorized to carry out the requirements in this bill.
Cosponsors 3
Members who signed on, in the order they did. All signed on May 15, 2015.
| Seat | Cosponsor | Signed on | |
|---|---|---|---|
| D-MD | Elijah E. Cummings | Original | May 15, 2015 |
| D-VA | Gerald E. Connolly | Original | May 15, 2015 |
| D-TN | Jim Cooper | Original | May 15, 2015 |
Committees 3
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 May 15, 2015Markup Oct 9, 2015Reported Jan 6, 2016 |
| House | Ways and Means Committee | Referred May 15, 2015Discharged Jan 6, 2016 |
| Senate | Homeland Security and Governmental Affairs Committee | Referred Mar 2, 2016 |
Actions 13
Everything that happened, newest first.
- Mar 2, 2016Received in the Senate and Read twice and referred to the Committee on Homeland Security and Governmental Affairs.
- Mar 1, 2016Mr. Russell moved to suspend the rules and pass the bill, as amended.
- Mar 1, 2016Considered under suspension of the rules. (consideration: CR H1057-1060)
- Mar 1, 2016DEBATE - The House proceeded with forty minutes of debate on H.R. 2347.
- Mar 1, 2016Passed/agreed to in House: On motion to suspend the rules and pass the bill, as amended Agreed to by voice vote. (text: CR H1057-1059)
- Mar 1, 2016Motion to reconsider laid on the table Agreed to without objection.
- Jan 5, 2016Reported by the Committee on Oversight and Government Reform. H. Rept. 114-386, Part I.
- Jan 5, 2016Committee on Ways and Means discharged.
- Jan 5, 2016Placed on the Union Calendar, Calendar No. 292.
- Oct 9, 2015Committee Consideration and Mark-up Session Held.
- Oct 9, 2015Ordered to be Reported by Unanimous Consent.
- May 15, 2015Introduced in House
- May 15, 2015Referred to the Committee on Oversight and Government Reform, and in addition to the Committee on Ways and Means, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
In the Congressional Record 2
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 H1057–H1060Text printed H1057–H1059 | Steve Russell R-OK, Wm. Lacy Clay D-MO | Mar 1, 2016 |
| House | Lists H3252–H3254H.R. 2347–2389 | — | May 15, 2015 |
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 estimate
- Dec 1, 2015H.R. 2347, Federal Advisory Committee Act Amendments of 2015As ordered reported by the House Committee on Oversight and Government Reform on October 9, 2015
Constitutional authority
The sponsor’s statement, as printed in the Congressional Record, vol. 161, no. 75, May 15, 2015, page H3252.
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 |
Related bills 1
Companion bills and other measures the record links to this one.
| Bill | Title | Relationship | Latest action |
|---|---|---|---|
| HR 70 | Federal Advisory Committee Act Amendments of 2017 | Reintroduced Bill | Mar 22, 2018 |
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 of Federal advisory committees, and for other purposes.
- Short Titles as Introduced
- Federal Advisory Committee Act Amendments of 2015
- Short Titles as Reported to House
- Federal Advisory Committee Act Amendments of 2015
- Short Titles as Passed House
- Federal Advisory Committee Act Amendments of 2016
Subjects
Assigned by the Library of Congress. Policy area: Government Operations and Politics.
Text 4
Each version as it was printed, newest first.
- Mar 2, 2016Referred in Senate
- Mar 1, 2016Engrossed in House
- Jan 5, 2016Reported in House
- May 15, 2015Introduced 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.
