5 U.S.C. § 1008 — Establishment and purpose of advisory

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 sentence of subsection (d)(1), which provides that the Administrator shall establish ‘‘guide- lines’’, not regulations. In subsection (d)(1)(A), the words ‘‘maximum rate payable under section 5376 of this title’’ are substituted for ‘‘rate specified for GS–18 of the General Schedule under section 5332 of title 5, United States Code’’ for clarity and because of section 101(c) of the Federal Em- ployees Pay Comparability Act of 1990 (enacted by sec- tion 529 of Public Law 101–509 (5 U.S.C. 5376 note)). In subsection (d)(1)(C)(i), the words ‘‘individuals with disabilities’’ are substituted for ‘‘handicapped individ- uals’’ for consistency with section 501 of the Rehabili- tation Act of 1973 (29 U.S.C. 791). In subsection (d)(1)(C)(i), the citation to ‘‘(29 U.S.C. 791)’’ is substituted for ‘‘(29 U.S.C. 794)’’ to correct an error in the law. § 1007. Responsibilities of agency heads (a) ADMINISTRATIVE GUIDELINES AND MANAGE- MENT CONTROLS.—Each agency head shall estab- lish uniform administrative guidelines and man- agement controls for advisory committees es- tablished by that agency, which shall be con- sistent with directives of the Administrator under sections 1006 and 1009 of this title. Each agency shall maintain systematic information on the nature, functions, and operations of each advisory committee within its jurisdiction. (b) ADVISORY COMMITTEE MANAGEMENT OFFI- CER.—The head of each agency that has an advi- sory committee shall designate an Advisory Committee Management Officer who shall— (1) exercise control and supervision over the establishment, procedures, and accomplish- ments of advisory committees established by the agency; (2) assemble and maintain the reports, records, and other papers of any advisory com- mittee established by the agency during the advisory committee’s existence; and (3) carry out, on behalf of the agency, the provisions of section 552 of this title with re- spect to such reports, records, and other pa- pers. (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) 1007 ............ 5 U.S.C. App. (FACA § 8) Pub. L. 92–463, § 8, Oct. 6, 1972, 86 Stat. 773. In subsection (a), the word ‘‘Administrator’’ is sub- stituted 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.). § 1008. Establishment and purpose of advisory committees (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 con- sultation 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 Govern- ment. (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 Sen- ate 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; 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 persons shall be permitted to attend, appear before, or file statements with any advisory committee, sub- ject 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, the records, reports, transcripts, minutes, ap- pendixes, working papers, drafts, studies, agen- da, or other documents which were made avail- able to or prepared for or by each advisory com- mittee 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 advi- sory committee ceases to exist. (c) MINUTES.—Detailed minutes of each meet- ing 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 ap- proved 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. Any such determination shall be in writing and shall contain the reasons for the de- termination. 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. (e) DESIGNATED OFFICER OR EMPLOYEE OF FED- ERAL GOVERNMENT.—There shall be designated an officer or employee of the Federal Govern- ment 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 inter- est, 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 AP- PROVAL.—Advisory committees shall not hold any meetings except at the call of, or with the advance approval of, a designated officer or em- ployee of the Federal Government, and in the case of advisory committees (other than Presi- dential advisory committees), with an agenda approved by such officer or employee. (Pub. L. 117–286, § 3(a), Dec. 27, 2022, 136 Stat. 4202.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 1009 ............ 5 U.S.C. App. (FACA § 10) Pub. L. 92–463, § 10, Oct. 6, 1972, 86 Stat. 774; Pub. L. 94–409, § 5(c), Sept. 13, 1976, 90 Stat. 1247. In subsection (a), in paragraphs (2) and (3), 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.). § 1010. Availability of transcripts (a) DEFINITION OF AGENCY PROCEEDING.—In this section, the term ‘‘agency proceeding’’ has the meaning given the term in section 551 of this title. (b) AVAILABILITY.—Agencies and advisory com- mittees shall make available to any person, at actual cost of duplication, copies of transcripts of any agency proceeding or advisory committee meeting. (Pub. L. 117–286, § 3(a), Dec. 27, 2022, 136 Stat. 4203.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 1010 ............ 5 U.S.C. App. (FACA § 11) Pub. L. 92–463, § 11, Oct. 6, 1972, 86 Stat. 775. In subsection (b), the words ‘‘Except where prohibited by contractual agreements entered into prior to the ef-