The Senate could soon join the House in approving legislation (HR-70) to close what sponsors call loopholes in the public disclosure requirements for the various types of outside boards that offer policy and other suggestions to agencies, collectively called advisory committees.
A newly filed Senate report on the bill says those loopholes have “unintentionally shielded certain advisory committee activities” from provisions of the Federal Advisory Committee Act designed to guard against conflicts of interest. The House passed the bill early last year but the Senate hasn’t acted since a committee there followed suit last October; the filing of a report commonly is a prelude to a bill being brought to a floor vote.
The bill requires agencies to publicly name members of each committee, including whether they are designated as a special government employee or representative, who nominated them and for individuals selected as a representative, to specify which group or interest they have been selected to represent. They also would have to disclose the criteria used to select committee members, including the process for selecting a balance in viewpoints and experience; and information related to conflict-of-interest waivers granted to special government employees.
The bill also:
* requires agencies to post online all documents required to be made publicly available under FACA in advance of meeting dates to which the documents apply, and release a video or audio recording or transcript along with the meeting minutes and other documents;
* clarifies that FACA requirements apply to subcommittees or other subgroups of advisory committees as well as to persons who participate in committee meetings as if they were a member, even if they do not have voting rights.
