5 U.S.C. § 1002 — Findings and declarations

Page 247 TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES § 1002 (ii) a committee that is created by the National Academy of Sciences or the Na- tional Academy of Public Administration. (3) AGENCY.—The term ‘‘agency’’ has the meaning given the term in section 551 of this title. (4) PRESIDENTIAL ADVISORY COMMITTEE.—The term ‘‘Presidential advisory committee’’ means an advisory committee that advises the President. (Pub. L. 117–286, § 3(a), Dec. 27, 2022, 136 Stat. 4197.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 1001 ............ 5 U.S.C. App. (FACA § 3) Pub. L. 92–463, § 3, Oct. 6, 1972, 86 Stat. 770; Pub. L. 105–153, § 2(a), Dec. 17, 1997, 111 Stat. 2689. [Although not mentioned in the explanation con- tained in H. Rept. 117–193, in par. (1), ‘‘ ‘Administrator’ means the Administrator of General Services’’ sub- stituted for ‘‘ ‘Director’ means the Director of the Of- fice of Management and Budget’’ because of section 5F of Reorganization Plan No. 1 of 1977 (5 U.S.C. App.).] Statutory Notes and Related Subsidiaries SHORT TITLE OF 1997 ACT Pub. L. 105–153, § 1, Dec. 17, 1997, 111 Stat. 2689, pro- vided that: ‘‘This Act [see Tables for classification] may be cited as the ‘Federal Advisory Committee Act Amendments of 1997’.’’ SHORT TITLE OF 1972 ACT Pub. L. 92–463, § 1, Oct. 6, 1972, 86 Stat. 770, provided that: ‘‘This Act [see Tables for classification] may be cited as the ‘Federal Advisory Committee Act’.’’ § 1002. Findings and declarations (a) FINDINGS.—Congress finds that there are numerous committees, boards, commissions, councils, and similar groups which have been es- tablished to advise officers and agencies in the executive branch of the Federal Government and that they are frequently a useful and beneficial means of furnishing expert advice, ideas, and di- verse opinions to the Federal Government. (b) FINDINGS AND DECLARATIONS.—Congress further finds and declares that— (1) the need for many existing advisory com- mittees has not been adequately reviewed; (2) new advisory committees should be es- tablished only when they are determined to be essential and their number should be kept to the minimum necessary; (3) advisory committees should be termi- nated when they are no longer carrying out the purposes for which they were established; (4) standards and uniform procedures should govern the establishment, operation, adminis- tration, and duration of advisory committees; (5) Congress and the public should be kept informed with respect to the number, purpose, membership, activities, and cost of advisory committees; and (6) the function of advisory committees should be advisory only, and all matters under their consideration should be determined, in accordance with law, by the official, agency, or officer involved. (Pub. L. 117–286, § 3(a), Dec. 27, 2022, 136 Stat. 4198.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 1002 ............ 5 U.S.C. App. (FACA § 2) Pub. L. 92–463, § 2, Oct. 6, 1972, 86 Stat. 770. Executive Documents EXECUTIVE ORDER NO. 11007 Ex. Ord. No. 11007, Feb. 27, 1962, 27 F.R. 1875, which re- lated to regulations for formation and use of advisory committees, was superseded by Ex. Ord. No. 11671, June 5, 1972, 37 F.R. 11307. EXECUTIVE ORDER NO. 11671 Ex. Ord. No. 11671, June 5, 1972, 37 F.R. 11307, which related to committee management, was superseded by Ex. Ord. No. 11686, Oct. 7, 1972, 37 F.R. 21421. EXECUTIVE ORDER NO. 11686 Ex. Ord. No. 11686, Oct. 7, 1972, 37 F.R. 21421, which re- lated to committee management, was superseded by Ex. Ord. No. 11769, Feb. 21, 1974, 39 F.R. 7125. EXECUTIVE ORDER NO. 11769 Ex. Ord. No. 11769, Feb. 21, 1974, 39 F.R. 7125, which re- lated to committee management, was revoked by Ex. Ord. No. 12024, Dec. 1, 1977, 42 F.R. 61445, set out below. EX. ORD. NO. 12024. TRANSFER OF CERTAIN ADVISORY COMMITTEE FUNCTIONS Ex. Ord. No. 12024, Dec. 1, 1977, 42 F.R. 61445, provided: By virtue of the authority vested in me by the Con- stitution and statutes of the United States of America, including the Federal Advisory Committee Act, as amended ([former] 5 U.S.C. App.) [see 5 U.S.C. 1001 et seq.], Section 301 of Title 3 of the United States Code, Section 202 of the Budget and Accounting Procedures Act of 1950 (31 U.S.C. 581c) [31 U.S.C. 1531], and Section 7 of Reorganization Plan No. 1 of 1977 (42 F.R. 56101 (Oc- tober 21, 1977)) [set out in the Appendix to this title], and as President of the United States of America, in ac- cord with the transfer of advisory committee functions from the Office of Management and Budget to the Gen- eral Services Administration provided by Reorganiza- tion Plan No. 1 of 1977, it is hereby ordered as follows: SECTION 1. The transfer, provided by Section 5F of Re- organization Plan No. 1 of 1977 (42 F.R. 56101) [set out in the Appendix to this title], of certain functions under the Federal Advisory Committee Act, as amend- ed ([former] 5 U.S.C. App.) [see 5 U.S.C. 1001 et seq.], from the Office of Management and Budget and its Di- rector to the Administrator of General Services is here- by effective. SEC. 2. There is hereby delegated to the Adminis- trator of General Services all the functions vested in the President by the Federal Advisory Committee Act, as amended, except that, the annual report to the Con- gress required by Section 6(c) of that Act shall be pre- pared by the Administrator for the President’s consid- eration and transmittal to the Congress. SEC. 3. The Director of the Office of Management and Budget shall take all actions necessary or appropriate to effectuate the transfer of functions provided in this Order, including the transfer of funds, personnel and positions, assets, liabilities, contracts, property, records, and other items related to the functions trans- ferred. SEC. 4. Executive Order No. 11769 of February 21, 1974 is hereby revoked. SEC. 5. Any rules, regulations, orders, directives, cir- culars, or other actions taken pursuant to the func- tions transferred or reassigned as provided in this Order from the Office of Management and Budget to the Page 248 TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES § 1003 Administrator of General Services, shall remain in ef- fect as if issued by the Administrator until amended, modified, or revoked. SEC. 6. This Order shall be effective November 20, 1977. JIMMY CARTER. LOBBYISTS ON AGENCY BOARDS AND COMMISSIONS Memorandum of President of the United States, June 18, 2010, 75 F.R. 35955, provided: Memorandum for the Heads of Executive Depart- ments and Agencies My Administration is committed to reducing the undue influence of special interests that for too long has shaped the national agenda and drowned out the voices of ordinary Americans. Special interests exert this disproportionate influence, in part, by relying on lobbyists who have special access that is not available to all citizens. Although lobbyists can sometimes play a constructive role by communicating information to the government, their service in privileged positions within the executive branch can perpetuate the culture of special-interest access that I am committed to changing. On the day after my inauguration, I signed Executive Order 13490, which places strict limits on the ability of lobbyists to serve in Government positions related to their prior lobbying activities. Last September, we took another step to close the revolving door through which lobbyists enter and exit Government positions when we announced that my Administration aspires to keep Federal agencies’ advisory boards free of federally registered lobbyists. Many departments and agencies are making this aspiration a reality by no longer plac- ing federally registered lobbyists on advisory boards— a practice that I am now establishing as the official policy of my Administration. Accordingly, I hereby direct the heads of executive departments and agencies not to make any new ap- pointments or reappointments of federally registered lobbyists to advisory committees and other boards and commissions. Within 90 days of the date of this memo- randum, the Director of the Office of Management and Budget shall issue proposed guidance designed to im- plement this policy to the full extent permitted by law. The final guidance shall be issued following public com- ment on the proposed guidance. This memorandum is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or enti- ties, its officers, employees, or agents, or any other person. The Director of the Office of Management and Budget is hereby authorized and directed to publish this memo- randum in the Federal Register. BARACK OBAMA. § 1003. Applicability (a) IN GENERAL.—This chapter, and any rule, order, or regulation promulgated under this chapter, shall apply to each advisory committee except to the extent that the Act establishing the advisory committee specifically provides otherwise. (b) EXEMPTIONS RELATING TO CERTAIN FEDERAL ENTITIES.—Nothing in this chapter shall be con- strued to apply to an advisory committee estab- lished or utilized by— (1) the Central Intelligence Agency; (2) the Federal Reserve System; or (3) the Office of the Director of National In- telligence, if the Director of National Intel- ligence determines that for reasons of national security the advisory committee cannot com- ply with the requirements of this chapter. (c) EXEMPTIONS RELATING TO CERTAIN LOCAL AND STATE ENTITIES.—Nothing in this chapter shall be construed to apply to any local civic group whose primary function is that of ren- dering a public service with respect to a Federal program, or any State or local committee, coun- cil, board, commission, or similar group estab- lished to advise or make recommendations to State or local officials or agencies. (Pub. L. 117–286, § 3(a), Dec. 27, 2022, 136 Stat. 4198.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 1003 ............ 5 U.S.C. App. (FACA § 4) Pub. L. 92–463, § 4, Oct. 6, 1972, 86 Stat. 771; Pub. L. 111–259, title IV, § 410(a), Oct. 7, 2010, 124 Stat. 2724. § 1004. Responsibilities of congressional commit- tees (a) REVIEW OF ACTIVITIES.—In the exercise of its legislative review function, each standing committee of the Senate and the House of Rep- resentatives shall make a continuing review of the activities of each advisory committee under its jurisdiction to determine whether such advi- sory 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 al- ready being performed. Each such standing com- mittee shall take appropriate action to obtain the enactment of legislation necessary to carry out the purpose of this subsection. (b) CONSIDERATION OF LEGISLATION.—In consid- ering 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 advi- sory committee are being or could be performed by one or more agencies or by an advisory com- mittee 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 func- tions to be performed by the advisory com- mittee; (3) contain appropriate provisions to assure that the advice and recommendations of the advisory committee will not be inappropri- ately influenced by the appointing authority or by any special interest, but will instead be the result of the advisory committee’s inde- pendent judgment; (4) contain provisions dealing with author- ization of appropriations, the date for submis- sion of reports (if any), the duration of the ad- visory committee, and the publication of re- ports and other materials, to the extent that the standing committee determines the provi- sions of section 1009 of this chapter to be inad- equate; and