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

submitted 4 years ago by Pub. L. 117-286 to r/title-5-GOVERNMENT-ORGANIZATION-AND-EMPLOYEES · 369 words · no verdicts yet

in plain englishAI-generated · not legal advice

This section sets rules for creating advisory committees and limits their role unless a statute or Presidential directive provides otherwise. It also requires a charter with specified information before a committee can meet or act.

(a) Establishment. An advisory committee may be created only if its creation is—(1) specifically authorized by a statute or by the President; or (2) formally found, by the head of the agency involved after consulting the Administrator and after timely notice in the Federal Register, to serve the public interest in carrying out the agency’s legally assigned duties.
(b) Purpose of Advisory Committees. Unless a statute or Presidential directive specifically says otherwise, advisory committees may be used only to give advice. Only the President or a Federal Government officer may decide what action to take or what policy to state about matters on which a committee reports or makes recommendations.
(c) Advisory Committee Charters. (1) General requirement. An advisory committee may not meet or take action until a charter has been filed—(A) with the Administrator, for a Presidential advisory committee; or (B) with both—(i) the head of the agency to which the committee reports; and (ii) the permanent Senate and House committees that have legislative jurisdiction over that agency. (2) Contents of charter. The charter must state—(A) the committee’s official name; (B) its objectives and the scope of its work; (C) how long it needs to carry out its purposes; (D) the agency or official to which it reports; (E) the agency responsible for giving it needed support; (F) its duties and, if any duties are not solely advisory, the authority for those duties; (G) its estimated yearly operating costs in dollars and person-years; (H) the estimated number and frequency of meetings; (I) its termination date, if that date is less than 2 years after creation; and (J) the date the charter was filed. (3) Copy of charter to Library of Congress. A copy of the charter must be given to the Library of Congress.

the actual law source: uscode.house.gov ↗public domain
(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.

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

history & why it existsrecord from the source credit
  • 2022Enacted · Pub. L. 117-286 · 136 Stat. 4201

A history note hasn’t been published yet. The record shows enactment by Pub. L. 117-286 on 2022-12-27.

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