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5 U.S.C. § 1008 — Establishment and purpose of advisory committees
Federal law — U.S. Code and appendices · legal_authorities
**(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.
**(c) Advisory Committee Charters.—**
(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;
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Source location: Title 5, Chapter 10, § 1008; chapter-010-federal-advisory-committees.md
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**(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.
**(c) Advisory Committee Charters.—**
(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.
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** This section applies, according to the provisions thereof, to the exercise of a power or authority.
**(b)** A sanction may not be imposed or a substantive rule or order issued except within jurisdiction delegated to the agency and as authorized by law.
**(c)** When application is made for a license required by law, the agency, with due regard for the rights and privileges of all the interested parties or adversely affected persons and within a reasonable time, shall set and complete proceedings required to be conducted in accordance with sections 556 and 557 of this title or other proceedings required by law and shall make its decision. Except in cases of willfulness or those in which public health, interest, or safety requires otherwise, the withdrawal, suspension, revocation, or annulment of a license is lawful only if, before the institution of agency proceedings therefor, the licensee has been given—
(1) notice by the agency in writing of the facts or conduct which may warrant the action; and
(2) opportunity to demonstrate or achieve compliance with all lawful requirements.
When the licensee has made timely and sufficient application for a renewal or a new license in accordance with agency rules, a license with reference to an activity of a continuing nature does not expire until the application has been finally determined by the agency.
Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 558
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Determination of Need by the Agency.—** An agency may establish a negotiated rulemaking committee to negotiate and develop a proposed rule, if the head of the agency determines that the use of the negotiated rulemaking procedure is in the public interest. In making such a determination, the head of the agency shall consider whether—
(1) there is a need for a rule;
(2) there are a limited number of identifiable interests that will be significantly affected by the rule;
(3) there is a reasonable likelihood that a committee can be convened with a balanced representation of persons who—
(A) can adequately represent the interests identified under paragraph (2); and
(B) are willing to negotiate in good faith to reach a consensus on the proposed rule;
(4) there is a reasonable likelihood that a committee will reach a consensus on the proposed rule within a fixed period of time;
(5) the negotiated rulemaking procedure will not unreasonably delay the notice of proposed rulemaking and the issuance of the final rule;
(6) the agency has adequate resources and is willing to commit such resources, including technical assistance, to the committee; and
(7) the agency, to the maximum extent possible consistent with the legal obligations of the agency, will use the consensus of the committee with respect to the proposed rule as the basis for the rule proposed by the agency for notice and comment.
**(b) Use of Conveners.—**
(1) **Purposes of conveners.—** — An agency may use the services of a convener to assist the agency in—
(A) identifying persons who will be significantly affected by a proposed rule, including residents of rural areas; and
(B) conducting discussions with such persons to identify the issues of concern to such persons, and to ascertain whether
Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 563
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Federal law — U.S. Code and appendices · legal_authorities
Page 250
TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES
§ 1007
(B) was a full-time employee of the United
States immediately before service with an
advisory committee.
(e) BUDGET RECOMMENDATIONS.—The Adminis-
trator shall include in budget recommendations
a summary of the amounts the Administrator
considers necessary for the expenses of advisory
committees, including the expenses for publica-
tion of reports where appropriate.
(Pub. L. 117–286, § 3(a), Dec. 27, 2022, 136 Stat.
4199.)
HISTORICAL AND REVISION NOTES
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
1006 ............
5 U.S.C. App.
(FACA § 7)
Pub. L. 92–463, § 7, Oct. 6,
1972, 86 Stat. 772; Pub. L.
96–523, § 2, Dec. 12, 1980, 94
Stat. 3040.
In this section, the words ‘‘Administrator’’ and ‘‘Gen-
eral Services Administration’’ are substituted for ‘‘Di-
rector’’ and ‘‘Office of Management and Budget’’, re-
spectively, because of section 5F of Reorganization
Plan No. 1 of 1977 (5 U.S.C. App.).
In subsection (b)(1), the words ‘‘Each year, the Ad-
ministrator shall conduct a comprehensive review’’ are
substituted for ‘‘The Administrator shall, immediately
after the enactment of this Act [October 6, 1972], insti-
tute a comprehensive review’’ and ‘‘Thereafter, the Ad-
ministrator shall carry out a similar review annually’’
to eliminate obsolete language.
In subsection (d)(1) (matter before subparagraph (A)),
the words ‘‘Director of the Office of Personnel Manage-
ment’’ are substituted for ‘‘Civil Service Commission’’
because of section 102 of Reorganization Plan No. 2 of
1978 (5 U.S.C. App.).
In subsection (d)(1) (matter before subparagraph (A)),
the words ‘‘The guidelines shall provide’’ are sub-
stituted for ‘‘The regulations shall provide’’ for consist-
ency with the 1st
Source: Supplied 2024 U.S. Code historical extraction · 5 U.S.C. § 1008
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