Title 5, Government Organization and EmployeesRelease 119-110

§1004 Responsibilities of Congressional Committees

Title 5 › PART I — THE AGENCIES GENERALLY › CHAPTER 10 — FEDERAL ADVISORY COMMITTEES › § 1004

Last updated Sep 22, 2026|Official source

Summary

Each standing committee in the House and the Senate must keep checking the advisory committees it oversees. It must decide if each advisory committee should be ended, merged, have its duties changed, or is still needed. After its review, the committee must try to get any laws needed to follow through. When a committee looks at a bill to create an advisory committee, it must decide and tell its full chamber whether the job could already be done by an agency, by an existing advisory committee, or by expanding one. Laws that create advisory committees must meet five requirements: a clear purpose; fairly balanced membership and viewpoints; protections so advice stays independent and is not improperly influenced by those who appoint members or by special interests; needed details about money, report dates, how long the committee will exist, and publishing reports; and guarantees of enough staff, office space, and funds. The President, agency heads, and other federal officials must follow these rules when they create advisory committees, as applicable.

Full Legal Text

Title 5, §1004

Government Organization and Employees, Source: USLM XML via OLRC

(a)Review of Activities.—
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)Consideration of Legislation.—
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)Adherence to Guidelines.—
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.

Legislative History

Notes & Related Subsidiaries

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.

Reference

Citations & Metadata

Citation

5 U.S.C. § 1004

Title 5, Government Organization and Employees

Last Updated

Sep 22, 2026

Release point: 119-110