Title 5Government Organization and EmployeesRelease 119-73

§1009 Advisory committee procedures

Title 5 › Part PART I— - THE AGENCIES GENERALLY › Chapter CHAPTER 10— - FEDERAL ADVISORY COMMITTEES › § 1009

Last updated Apr 6, 2026|Official source

Summary

Advisory committee meetings must be open for anyone to attend. The committee must give timely notice in the Federal Register unless the President finds a national security reason not to. The Administrator must make rules so people learn about meetings and can attend, speak, or send written statements, subject to reasonable rules. Committee records and papers that were used or made for the committee must be available for public inspection and copying at one office location until the committee ends, subject to section 552. The committee must keep detailed minutes that list who was there, what was discussed, conclusions reached, and any reports, and the chair must certify the minutes. Portions of a meeting can be closed to the public under section 552b(c) if the President or the agency head gives written reasons; if some meetings are closed, the committee must issue at least one yearly report summarizing its activities consistent with section 552(b). A designated federal officer or employee must chair or attend each meeting, may adjourn meetings in the public interest, and meetings may only occur at that officer’s call or with that officer’s prior approval; non‑Presidential committees also need an approved agenda.

Full Legal Text

Title 5, §1009

Government Organization and Employees — Source: USLM XML via OLRC

(a)(1)Each advisory committee meeting shall be open to the public.
(2)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)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)Subject to section 552 of this title, 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)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)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 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.
(e)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)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.

Legislative History

Notes & Related Subsidiaries

Historical and Revision Notes

Revised SectionSource (U.S. Code)Source (Statutes at Large) 10095 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” (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.).

Reference

Citations & Metadata

Citation

5 U.S.C. § 1009

Title 5Government Organization and Employees

Last Updated

Apr 6, 2026

Release point: 119-73