Federal Advisory Committee Act Amendments of 2010

Floor Speech

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Ms. NORTON. Madam Speaker, I yield myself such time as I may consume.

H.R. 1320, the Federal Advisory Committee Act Amendments, was introduced by Representative Clay, chairman of the Oversight Committee's Information Policy Subcommittee, on March 5, 2009.

Representative Clay introduced a similar bill last Congress that passed the House by voice vote. This legislation amends the Federal Advisory Committee Act, known as FACA, which is a cornerstone of open government. It was enacted in 1972 in response to concerns that Federal advisory committees were not objective and had little oversight or accountability.

FACA requires that committees be balanced, transparent, and independent from the influence of special interests.

Agencies have not consistently implemented FACA, and the courts have created loopholes that undermine the purposes of the act. H.R. 1320 closes those loopholes and strengthens FACA, H.R. 1320 promotes independent advisory committees by requiring committee members to be appointed without regard to political affiliation. It will also provide that the committee members who are appointed as experts must comply with conflict of interest and other ethics requirements.

H.R. 1320 improves the transparency of advisory committees by requiring agencies to disclose more information about committees. For example, agencies are required to provide information about the process used to identify and appoint committee members, the process of selecting members for balance, and a justification of need for any members that represent stakeholder interests.

Agencies must disclose when a committee member is issued a conflict of interest waiver and provide a copy of the waiver, a summary of the need for the waiver, and a reason for granting it.

Agencies also must disclose when meetings are taking place, and following a committee meeting, the agency must provide a transcript or recording of the meeting. Currently, advisory committees can avoid having public meetings and other requirements of FACA by conducting business through subcommittees.

The bill closes that loophole and makes it clear that FACA applies to subcommittees. The bill also clarifies that committees set up by contractors are subject to FACA. This bill is the epitome of good government. I urge my colleagues to support it.

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