§1004 — Title 5 Government Organization and Employees | U.S. Code

Summary

Each standing committee in the House or Senate must regularly review every advisory committee it oversees. The committee must decide if the advisory group should be ended, merged with another group, given new duties, or kept because it does work no one else does. If changes need laws, the committee must try to get those laws passed. Before creating or approving a new advisory committee, a standing committee must check and report to the House or Senate whether the work could be done by a federal agency or an existing committee. Laws that set up advisory committees must include five things: a clear purpose; membership balanced by viewpoints and roles; protections so the committee’s advice stays independent from those who appoint members or special interests; rules about funding, report dates, length of the committee, and publishing reports (if section 1009 isn’t enough); and assurance of enough staff, office space, and money. The President and agency heads should follow these same guidelines when they create advisory committees, where applicable.

Title 5, §1004

Government Organization and Employees — Source: USLM XML via OLRC

(a)In the exercise of its legislative review function, each standing committee of the Senate and the House of Representatives shall make a continuing review of the activities of each advisory committee under its jurisdiction to determine whether such advisory committee should be abolished or merged with any other advisory committee, whether the responsibilities of such advisory committee should be revised, and whether such advisory committee performs a necessary function not already being performed. Each such standing committee shall take appropriate action to obtain the enactment of legislation necessary to carry out the purpose of this subsection.

(b)In considering legislation establishing, or authorizing the establishment of any advisory committee, each standing committee of the Senate and of the House of Representatives shall determine, and report such determination to the Senate or to the House of Representatives, as the case may be, whether the functions of the proposed advisory committee are being or could be performed by one or more agencies or by an advisory committee already in existence, or by enlarging the mandate of an existing advisory committee. Any such legislation shall—

(1)contain a clearly defined purpose for the advisory committee;

(2)require the membership of the advisory committee to be fairly balanced in terms of the points of view represented and the functions to be performed by the advisory committee;

(3)contain appropriate provisions to assure that the advice and recommendations of the advisory committee will not be inappropriately influenced by the appointing authority or by any special interest, but will instead be the result of the advisory committee’s independent judgment;

(4)contain provisions dealing with authorization of appropriations, the date for submission of reports (if any), the duration of the advisory committee, and the publication of reports and other materials, to the extent that the standing committee determines the provisions of section 1009 of this chapter to be inadequate; and

(5)contain provisions which will assure that the advisory committee will have adequate staff (either supplied by an agency or employed by it), will be provided adequate quarters, and will have funds available to meet its other necessary expenses.

(c)To the extent they are applicable, the guidelines set out in subsection (b) shall be followed by the President, agency heads, or other Federal officials in creating an advisory committee.

Historical and Revision Notes

Revised SectionSource (U.S. Code)Source (Statutes at Large) 10045 U.S.C. App. (FACA § 5)Pub. L. 92–463, § 5, Oct. 6, 1972, 86 Stat. 771.

§1004 Responsibilities of congressional committees

Summary

Title 5, §1004

Notes & Related Subsidiaries

Historical and Revision Notes

Citations & Metadata