Title 5, Government Organization and EmployeesRelease 119-110

§1008 Establishment and Purpose of Advisory Committees

Title 5 › PART I — THE AGENCIES GENERALLY › CHAPTER 10 — FEDERAL ADVISORY COMMITTEES › § 1008

Last updated Sep 22, 2026|Official source

Summary

Advisory committees must not be created unless a law or the President specifically allows it, or the head of the agency decides in a formal record—after consulting the Administrator and publishing timely notice in the Federal Register—that the committee is in the public interest for the agency’s duties. Unless a law or Presidential order says otherwise, these committees only give advice. Any decisions or policies about topics the committee reports on must be made by the President or a federal officer. A committee cannot meet or act until it files a charter. Presidential committees file the charter with the Administrator. Other committees file it with the agency head they report to and with the Senate and House standing committees that oversee that agency. The charter must state the committee’s name; goals and scope; how long it needs to work; who it reports to and who provides support; its duties and, if not only advisory, the legal authority for those duties; estimated annual costs in dollars and person-years; estimated number and frequency of meetings; a termination date if under 2 years; and the filing date. A copy of the charter must also be given to the Library of Congress.

Full Legal Text

Title 5, §1008

Government Organization and Employees, Source: USLM XML via OLRC

(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)
(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.

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 5, Government Organization and Employees

Last Updated

Sep 22, 2026

Release point: 119-110