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5 U.S.C. § 1009 — Advisory committee procedures
Federal law — U.S. Code and appendices · legal_authorities
**(a) Committee Meetings.—**
(1) **Open to public.—** — Each advisory committee meeting shall be open to the public.
(2) **Notice of meetings.—** — Except when the President determines otherwise for reasons of national security, timely notice of each meeting shall be published in the Federal Register, and the Administrator shall prescribe regulations to provide for other types of public notice to insure that all interested persons are notified of each meeting in advance.
(3) **Participation.—** — Interested persons shall be permitted to attend, appear before, or file statements with any advisory committee, subject to such reasonable rules or regulations as the Administrator may prescribe.
**(b) Public Inspection and Copying of Records.—** Subject to [section 552 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section552&num=0&edition=prelim), the records, reports, transcripts, minutes, appendixes, working papers, drafts, studies, agenda, or other documents which were made available to or prepared for or by each advisory committee shall be available for public inspection and copying at a single location in the offices of the advisory committee or the agency to which the advisory committee reports until the advisory committee ceases to exist.
**(c) Minutes.—** Detailed minutes of each meeting of each advisory committee shall be kept and shall contain a record of the persons present, a complete and accurate description of matters discussed and conclusions reached, and copies of all reports received, issued, or approved by the advisory committee. The accuracy of all minutes shall be certified by the chairman of the advisory committee.
**(d) Closed Sessions.—** Paragraphs (1) and (3) of subsection (a) shall not apply to any portion of
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Source location: Title 5, Chapter 10, § 1009; chapter-010-federal-advisory-committees.md
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**(a) Committee Meetings.—**
(1) **Open to public.—** — Each advisory committee meeting shall be open to the public.
(2) **Notice of meetings.—** — Except when the President determines otherwise for reasons of national security, timely notice of each meeting shall be published in the Federal Register, and the Administrator shall prescribe regulations to provide for other types of public notice to insure that all interested persons are notified of each meeting in advance.
(3) **Participation.—** — Interested persons shall be permitted to attend, appear before, or file statements with any advisory committee, subject to such reasonable rules or regulations as the Administrator may prescribe.
**(b) Public Inspection and Copying of Records.—** Subject to [section 552 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section552&num=0&edition=prelim), the records, reports, transcripts, minutes, appendixes, working papers, drafts, studies, agenda, or other documents which were made available to or prepared for or by each advisory committee shall be available for public inspection and copying at a single location in the offices of the advisory committee or the agency to which the advisory committee reports until the advisory committee ceases to exist.
**(c) Minutes.—** Detailed minutes of each meeting of each advisory committee shall be kept and shall contain a record of the persons present, a complete and accurate description of matters discussed and conclusions reached, and copies of all reports received, issued, or approved by the advisory committee. The accuracy of all minutes shall be certified by the chairman of the advisory committee.
**(d) Closed Sessions.—** Paragraphs (1) and (3) of subsection (a) shall not apply to any portion of an advisory committee meeting for which the President, or the head of the agency to which the advisory committee reports, determines that such portion of the meeting may be closed to the public in accordance with [section 552b(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section552b/c&num=0&edition=prelim). Any such determination shall be in writing and shall contain the reasons for the determination. If such a determination is made, the advisory committee shall issue a report, at least annually, setting forth a summary of its activities and such related matters as would be informative to the public consistent with the policy of [section 552(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section552/b&num=0&edition=prelim).
**(e) Designated Officer or Employee of Federal Government.—** There shall be designated an officer or employee of the Federal Government to chair or attend each meeting of each advisory committee. The officer or employee so designated is authorized, whenever the officer or employee determines it to be in the public interest, to adjourn any such meeting. An advisory committee shall not conduct any meeting in the absence of that designated officer or employee of the Federal Government.
**(f) Call for Meeting or Advance Approval.—** Advisory committees shall not hold any meetings except at the call of, or with the advance approval of, a designated officer or employee of the Federal Government, and in the case of advisory committees (other than Presidential advisory committees), with an agenda approved by such officer or employee.
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** Each agency shall make available to the public information as follows:
(1) Each agency shall separately state and currently publish in the Federal Register for the guidance of the public—
(A) descriptions of its central and field organization and the established places at which, the employees (and in the case of a uniformed service, the members) from whom, and the methods whereby, the public may obtain information, make submittals or requests, or obtain decisions;
(B) statements of the general course and method by which its functions are channeled and determined, including the nature and requirements of all formal and informal procedures available;
(C) rules of procedure, descriptions of forms available or the places at which forms may be obtained, and instructions as to the scope and contents of all papers, reports, or examinations;
(D) substantive rules of general applicability adopted as authorized by law, and statements of general policy or interpretations of general applicability formulated and adopted by the agency; and
(E) each amendment, revision, or repeal of the foregoing.
Except to the extent that a person has actual and timely notice of the terms thereof, a person may not in any manner be required to resort to, or be adversely affected by, a matter required to be published in the Federal Register and not so published. For the purpose of this paragraph, matter reasonably available to the class of persons affected thereby is deemed published in the Federal Register when incorporated by reference therein with the approval of the Director of the Federal Register.
(2) Each agency, in accordance with published rules, shall make available for public inspection in an electronic format—
(A) final opinions, including concurring and dissen
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Hearings** The Council may, for the purpose of carrying out the provisions of this chapter, hold such hearings, sit and act at such times and places, take such testimony, and receive such evidence, as the Council considers appropriate. The Council may administer oaths or affirmations to witnesses appearing before the Council.
**(b) Information**
(1)
(A) Except as provided in subparagraph (B), the Council may secure directly from any Federal agency information necessary to enable the Council to carry out the provisions of this chapter. Upon request of the chairman of the Council, the head of such agency shall promptly furnish such information to the Council.
(B) Subparagraph (A) does not apply to matters that are specifically authorized under criteria established by an Executive order to be kept secret in the interest of national defense or foreign policy and are in fact properly classified pursuant to such Executive order.
(2) In any case in which the Council receives any information from a Federal agency, the Council shall not disclose such information to the public unless such agency is authorized to disclose such information pursuant to Federal law.
**(c) Consultation with President and Congress** No later than 120 days after the initial members are appointed to the Council, the Council shall submit a report to the President, the Senate Governmental Affairs Committee, and the appropriate committees of the House of Representatives and of the Senate, that proposes the type and scope of activities the Council shall undertake, including the extent to which the Council will coordinate activities with other advisory committees relating to trade and competitiveness in order to maximize the effectiveness of the Council.
**(d) Gifts** The Council may accept,
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Appointment; composition** The Secretary shall appoint a Committee on Mining and Mineral Resources Research composed of—
(1) the Assistant Secretary of the Interior responsible for minerals and mining research, or his delegate;
(2) the Director, United States Bureau of Mines, or his delegate;
(3) the Director, United States Geological Survey, or his delegate;
(4) the Director of the National Science Foundation, or his delegate;
(5) the President, National Academy of Sciences, or his delegate;
(6) the President, National Academy of Engineering, or his delegate; and
(7) not more than 7 other persons who are knowledgeable in the fields of mining and mineral resources research, including two university administrators involved in the conduct of programs authorized by this subchapter, 3 representatives from the mining industry, a working miner, and a representative from the conservation community. In making these 7 appointments, the Secretary shall consult with interested groups.
**(b) Consultation and recommendations** The Committee shall consult with, and make recommendations to, the Secretary on all matters relating to mining and mineral resources research and the determinations that are required to be made under this subchapter. The Secretary shall consult with, and consider recommendations of, such Committee in such matters.
**(c) Compensation, travel, subsistence and related expenses** Committee members, other than officers or employees of Federal, State, or local governments, shall be, for each day (including traveltime) during which they are performing Committee business, paid at a rate fixed by the Secretary but not 11 So in original. Probably should be followed by “in”. excess of the daily equivalent of the maximum rate of pay for grade GS–18 of the G
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Federal law — U.S. Code and appendices · legal_authorities
Any department or agency action taken pursuant to [section 2000d–1 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section2000d-1&num=0&edition=prelim) shall be subject to such judicial review as may otherwise be provided by law for similar action taken by such department or agency on other grounds. In the case of action, not otherwise subject to judicial review, terminating or refusing to grant or to continue financial assistance upon a finding of failure to comply with any requirement imposed pursuant to [section 2000d–1 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section2000d-1&num=0&edition=prelim), any person aggrieved (including any State or political subdivision thereof and any agency of either) may obtain judicial review of such action in accordance with chapter 7 of title 5, and such action shall not be deemed committed to unreviewable agency discretion within the meaning of that chapter.
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** This chapter applies, according to the provisions thereof, except to the extent that—
(1) statutes preclude judicial review; or
(2) agency action is committed to agency discretion by law.
**(b)** For the purpose of this chapter—
(1) “agency” means each authority of the Government of the United States, whether or not it is within or subject to review by another agency, but does not include—
(A) the Congress;
(B) the courts of the United States;
(C) the governments of the territories or possessions of the United States;
(D) the government of the District of Columbia;
(E) agencies composed of representatives of the parties or of representatives of organizations of the parties to the disputes determined by them;
(F) courts martial and military commissions;
(G) military authority exercised in the field in time of war or in occupied territory; or
(H) functions conferred by sections 1738, 1739, 1743, and 1744 of title 12; subchapter II of chapter 471 of title 49; or sections 1884, 1891–1902, and former section 1641(b)(2), of title 50, appendix; 11 See References in Text note below. and
(2) “person”, “rule”, “order”, “license”, “sanction”, “relief”, and “agency action” have the meanings given them by [section 551 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section551&num=0&edition=prelim).
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Establishment** Not later than 60 days after October 4, 2006, the Secretary shall establish an advisory body under [section 451(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title6-section451/a&num=0&edition=prelim) to ensure effective and ongoing coordination of Federal preparedness, protection, response, recovery, and mitigation for natural disasters, acts of terrorism, and other man-made disasters, to be known as the National Advisory Council.
**(b) Responsibilities**
(1) **In general** — The National Advisory Council shall advise the Administrator on all aspects of emergency management. The National Advisory Council shall incorporate State, local, and tribal government and private sector input in the development and revision of the national preparedness goal, the national preparedness system, the National Incident Management System, the National Response Plan, and other related plans and strategies.
(2) **Consultation on grants** — To ensure input from and coordination with State, local, and tribal governments and emergency response providers, the Administrator shall regularly consult and work with the National Advisory Council on the administration and assessment of grant programs administered by the Department, including with respect to the development of program guidance and the development and evaluation of risk-assessment methodologies, as appropriate.
**(c) Membership**
(1) **In general** — The members of the National Advisory Council shall be appointed by the Administrator, and shall, to the extent practicable, represent a geographic (including urban and rural) and substantive cross section of officials, emergency managers, and emergency response providers from State, local, and tribal governments, the private secto
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Federal law — U.S. Code and appendices · legal_authorities
Page 251
TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES
§ 1010
(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 du-
ties 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 com-
mittee’s establishment; and
(J) the date the charter is filed.
(3) COPY
OF
CHARTER
TO
LIBRARY
OF
CON-
GRESS.—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
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
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’’ (mean-
ing the Director of the Office of Management and Budg-
et) because of section 5F of Reorganization Plan No. 1
of 1977 (5 U.S.C. App.).
§ 1009. Advisory committee procedures
(a) COMMITTEE MEETINGS.—
(1) OPEN
TO
PUBLIC.—Each advisory com-
mittee meeting shall be open to the public.
(2) NOTICE
OF
MEETINGS.—Except when the
President determines otherwise for reasons of
national security, timely notice of each meet-
ing shall be published in the Federal Register,
and the Administrator shall prescribe regula-
tions to provide for other types of public no-
tice to insure that all interested persons are
notified of each meeting in advance.
(3) PARTICIPATION.—Interested
Source: Supplied 2024 U.S. Code historical extraction · 5 U.S.C. § 1009
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