Title 5Government Organization and EmployeesRelease 119-73not60

§1008 Establishment and Purpose of Advisory Committees

Title 5 › Part I— THE AGENCIES GENERALLY › Chapter 10— FEDERAL ADVISORY COMMITTEES › § 1008

Last updated Apr 3, 2026|Official source

Summary

An advisory committee must not be created unless a law allows it or the President allows it. It can also be created if the head of the agency decides it is in the public interest after talking with the Administrator and posts a timely notice in the Federal Register. Advisory committees are only for giving advice unless a law or Presidential order says otherwise. Final decisions and official policy stay with the President or the appropriate federal official. A committee cannot meet or act until a charter is filed with the right people. For Presidential committees, the charter goes to the Administrator. For other committees, the charter goes to the agency head and to the standing congressional committees that oversee that agency. The charter must say the committee’s name, goals and scope, how long it will work, who it reports to, which agency will support it, the duties and any authority if not only advisory, estimated annual costs (dollars and person-years), expected number and timing of meetings, a termination date if under 2 years, and the filing date. A copy of the charter must be given to the Library of Congress.

Full Legal Text

Title 5, §1008

Government Organization and Employees — Source: USLM XML via OLRC

(a)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)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)(1)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)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)A copy of the advisory committee charter shall be furnished to the Library of Congress.

Legislative History

Notes & Related Subsidiaries

Historical and Revision Notes

Revised SectionSource (U.S. Code)Source (Statutes at Large) 10085 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” (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. § 1008

Title 5Government Organization and Employees

Last Updated

Apr 3, 2026

Release point: 119-73not60