5 U.S.C. § 1004

Responsibilities of congressional committees

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(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.(Pub. L. 117–286, § 3(a), Dec. 27, 2022, 136 Stat. 4198.)

Historical and Revision Notes
1004	5 U.S.C. App. (FACA § 5)	Pub. L. 92–463, § 5, Oct. 6, 1972, 86 Stat. 771.

Historical and Revision Notes

1004

5 U.S.C. App. (FACA § 5)

Pub. L. 92–463, § 5, Oct. 6, 1972, 86 Stat. 771.

Notes of Decisions

Cited in 194 cases, 1947–2002 · leading case: United States v. Carlo Bianchi & Co., 373 U.S. 709 (1963).

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United States v. Carlo Bianchi & Co., 373 U.S. 709 (1963). · cites it 2× “5 U. S. C. §§ 1004 , 1006. The exemption from § 7 is highlighted in this case.”

Eccles v. Peoples Bank of Lakewood Vill., 333 U.S. 426 (1948). · cites it 2× “237 , 239, 5 U.S.C. § 1004 . [2] The following is an extract from the minutes of a meeting of the Board on January 28, 1946: "Upon consideration of the latest report of examination of the Peoples Bank, Lakewood Village, California, from which the Board concluded that there had…”

Fed. Trade Comm'n v. Dean Foods Co., 384 U.S. 597 (1966). · cites it 2× “*618 § 5 (c) of the Administrative Procedure Act of 1946, 5 U. S. C. § 1004 (c) (1964 ed.). The Commission, prior to taking evidence and writing a report, is supposed to make only a very limited judgment: that there is "reason to believe" the law is being violated.”

Frozen Food Express v. United States, 351 U.S. 40 (1956). · cites it 2× “240 , 5 U. S. C. § 1004 (d), which touches vital interests of carriers and shippers alike and sets the standard for shaping the manner in which an important segment of the trucking business will be done.”

Red Lion Broad. Co. v. Fed. Commc'ns Comm'n, 395 U.S. 367 (1969). “239 , 5 U. S. C. § 1004 (d). In this case, the FCC could have determined the question of Red Lion’s liability to a cease-and-desist order or license revocation, 47 U.”

Amos Treat & Co., Inc. v. Sec. & Exch. Comm'n, 306 F.2d 260 (D.C. Cir. 1962). · cites it 2× “) And 5 U.S.C.A. § 1004 (c) provides that “No officer, employee, or agent engaged in the performance of investigative or prosecuting functions for any agency in any case shall, in that or a factually related case, participate or advise in the decision, recommended decision, or…”

Hannah v. Larche, 363 U.S. 420 (1960). “*453 239, 5 U. S. C. § 1004 (adjudications), of the Act.”

United States v. Spector, 343 U.S. 169 (1952). · cites it 2× “, required separation of judging and prosecuting functions, was subsequently set aside by Congress which specifically exempted deportation proceedings from 5 U. S. C. §§ 1004 , 1006, and 1007. 64 Stat.”

Hyser v. Reed, 318 F.2d 225 (D.C. Cir. 1963). “In order for these sections of *237 the Administrative Procedure Act to be applicable to the Parole Board, the Board must fit the description of 5 U.S.C. § 1004 : “In every case of adjudication required by statute to be determined on the record after opportunity for an agency…”

Am. Trucking Associations, Inc. v. Frisco Transp. Co., 358 U.S. 133 (1958). “§ 5 (2) (b); 5 U. S. C. § 1004 . Cf. Federal Communications Comm’n v.”

William O'Dwyer & Sloan O'Dwyer v. Comm'r of Internal Revenue, 266 F.2d 575 (4th Cir. 1959). “10(e) envisages, in the case of adjudication, a review of the record made in cases wherein Sections 5, 7 and 8 of the Act ( 5 U.S.C.A. §§ 1004 , 1006, 1007: 60 Stat.”

Nat'l Labor Relations Bd. v. Majestic Weaving Co., Inc., Local 815, Int'l Bhd. of Teamsters, Intervenor, 355 F.2d 854 (2d Cir. 1966). “Section 5 of the APA, 5 U.S.C. § 1004 , provides that “In every case of adjudication required by statute to be determined on the record after opportunity for an agency hearing * * * (a) Persons entitled to notice of an agency hearing shall be timely informed of * * * (3) matters…”

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— 5 U.S.C. § 1004(c) — 2 cases

Amos Treat & Co., Inc. v. Sec. & Exch. Comm'n, 306 F.2d 260 (D.C. Cir. 1962). “) And 5 U.S.C.A. § 1004 (c) provides that “No officer, employee, or agent engaged in the performance of investigative or prosecuting functions for any agency in any case shall, in that or a factually related case, participate or advise in the decision, recommended decision, or…”

T.S.C. Motor Freight Lines, Inc. v. United States, 186 F. Supp. 777 (S.D. Tex. 1960).

— 5 U.S.C. § 1004(d) — 2 cases

Boston & Maine R.R. v. United States, 162 F. Supp. 289 (D. Mass. 1958).

Carter v. Am. Tel. & Tel. Co., 365 F.2d 486 (5th Cir. 1966).

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