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5 U.S. Code § 1008 - Establishment and purpose of advisory committees

U.S. Code
Notes

(a) Establishment.—An advisory committee shall not be established unless establishment is—

(1)

specifically authorized by statute or by the President; or

(2)

determined as a matter of formal record, by the head of the agency involved after consultation with the Administrator, with timely notice published in the Federal Register, to be in the public interest in connection with the performance of duties imposed on that agency by law.

(b) Purpose of Advisory Committees.—

Unless otherwise specifically provided by statute or Presidential directive, advisory committees shall be utilized solely for advisory functions. Determinations of action to be taken and policy to be expressed with respect to matters upon which an advisory committee reports or makes recommendations shall be made solely by the President or an officer of the Federal Government.

(1) General requirement.—An advisory committee shall not meet or take any action until an advisory committee charter has been filed—

(A)

with the Administrator in the case of Presidential advisory committees; or

(B) with—

(i)

the head of the agency to whom the advisory committee reports; and

(ii)

the standing committees of the Senate and House of Representatives having legislative jurisdiction over the agency to which the advisory committee reports.

(2) Contents of charter.—The advisory committee charter shall contain—

(A)

the committee’s official designation;

(B)

the committee’s objectives and the scope of its activity;

(C)

the period of time necessary for the committee to carry out its purposes;

(D)

the agency or official to whom the committee reports;

(E)

the agency responsible for providing the necessary support for the committee;

(F)

a description of the duties for which the committee is responsible, and, if the duties are not solely advisory, a specification of the authority for the duties;

(G)

the estimated annual operating costs for the committee in dollars and person-years;

(H)

the estimated number and frequency of committee meetings;

(I)

the committee’s termination date, if less than 2 years from the date of the committee’s establishment; and

(J)

the date the charter is filed.

(3) Copy of charter to library of congress.—

A copy of the advisory committee charter shall be furnished to the Library of Congress.

(Pub. L. 117–286, § 3(a), Dec. 27, 2022, 136 Stat. 4201.)

Historical and Revision Notes
1008	5 U.S.C. App. (FACA § 9)	Pub. L. 92–463, § 9, Oct. 6, 1972, 86 Stat. 773.

Historical and Revision Notes

1008

5 U.S.C. App. (FACA § 9)

Pub. L. 92–463, § 9, Oct. 6, 1972, 86 Stat. 773.

In subsection (a)(2) and subsection (c)(1)(A), the word “Administrator” is substituted for “Director” (meaning the Director of the Office of Management and Budget) because of section 5F of Reorganization Plan No. 1 of 1977 (5 U.S.C. App.).