Title 5Government Organization and EmployeesRelease 119-73not60

§1009 Advisory Committee Procedures

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

Last updated Apr 3, 2026|Official source

Summary

Advisory committee meetings must be open to the public. The President can close a meeting or part of it for national security, and the agency must give public notice of meetings in the Federal Register and other ways so people know in advance. People who are interested may attend, speak, or file statements, following reasonable rules set by the Administrator. Most committee papers and records must be available for public inspection and copying at one office until the committee ends, unless another law says otherwise. Committees must keep detailed minutes listing who was there, what was discussed, the conclusions, and copies of reports, and the chair must certify the minutes. A federal officer or employee must chair or attend every meeting, can adjourn meetings in the public interest, and must approve the meeting and agenda before it happens. If part of a meeting is closed under section 552b(c), the President or agency head must write the reasons, and the committee must issue at least one annual summary of its activities.

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 3, 2026

Release point: 119-73not60