5 U.S.C. § 1006

Responsibilities of the Administrator

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(a)Committee Management Secretariat.—The Administrator shall establish and maintain within the General Services Administration a Committee Management Secretariat, which shall be responsible for all matters relating to advisory committees.(b)Annual Reviews.—(1)In general.—Each year, the Administrator shall conduct a comprehensive review of the activities and responsibilities of each advisory committee to determine—(A) whether the committee is carrying out its purpose;(B) whether, consistent with the provisions of applicable statutes, the responsibilities assigned to the committee should be revised;(C) whether the committee should be merged with other advisory committees; or(D) whether the committee should be abolished.(2)Obtaining information.—The Administrator may from time to time request such information as the Administrator deems necessary to carry out functions under this subsection. Agency heads shall cooperate with the Administrator in making the reviews required by this subsection.(3)Recommendations.—Upon completion of the review, the Administrator shall make recommendations to the President and to either the agency head or Congress with respect to action the Administrator believes should be taken.(c)Administrative Guidelines and Management Controls.—The Administrator shall prescribe administrative guidelines and management controls applicable to advisory committees, and, to the maximum extent feasible, provide advice, assistance, and guidance to advisory committees to improve their performance. In carrying out functions under this subsection, the Administrator shall consider the recommendations of each agency head with respect to means of improving the performance of advisory committees whose duties are related to the agency.(d)Guidelines for Uniform Fair Pay Rates.—(1)In general.—The Administrator, after study and consultation with the Director of the Office of Personnel Management, shall establish guidelines with respect to uniform fair rates of pay for comparable services of members, staffs, and consultants of advisory committees in a manner that gives appropriate recognition to the responsibilities and qualifications required and other relevant factors. The guidelines shall provide that—(A) a member of an advisory committee or of the staff of an advisory committee shall not receive compensation at a rate in excess of the maximum rate payable under section 5376 of this title;(B) members of advisory committees, while engaged in the performance of their duties away from their homes or regular places of business, may be allowed travel expenses, including per diem in lieu of subsistence, as authorized by section 5703 of this title for persons employed intermittently in the Government service; and(C) members of advisory committees may be provided services pursuant to section 3102 of this title while in performance of their advisory committee duties if the members—(i) are blind or deaf or otherwise qualify as individuals with disabilities (within the meaning of section 501 of the Rehabilitation Act of 1973 (29 U.S.C. 791)); and(ii) do not otherwise qualify for assistance under section 3102 of this title by reason of being an employee of an agency (within the meaning of section 3102(a)(1) of this title).(2)Pay for full-time employees.—Nothing in this subsection shall prevent an individual from receiving compensation at the rate at which the individual would otherwise be compensated (or was compensated) as a full-time employee of the United States if the individual—(A) is a full-time employee of the United States without regard to service with an advisory committee; or(B) was a full-time employee of the United States immediately before service with an advisory committee.(e)Budget Recommendations.—The Administrator shall include in budget recommendations a summary of the amounts the Administrator considers necessary for the expenses of advisory committees, including the expenses for publication of reports where appropriate.(Pub. L. 117–286, § 3(a), Dec. 27, 2022, 136 Stat. 4199.)

Historical and Revision Notes
1006	5 U.S.C. App. (FACA § 7)	Pub. L. 92–463, § 7, Oct. 6, 1972, 86 Stat. 772; Pub. L. 96–523, § 2, Dec. 12, 1980, 94 Stat. 3040.

Historical and Revision Notes

1006

5 U.S.C. App. (FACA § 7)

Pub. L. 92–463, § 7, Oct. 6, 1972, 86 Stat. 772; Pub. L. 96–523, § 2, Dec. 12, 1980, 94 Stat. 3040.

In this section, the words “Administrator” and “General Services Administration” are substituted for “Director” and “Office of Management and Budget”, respectively, because of section 5F of Reorganization Plan No. 1 of 1977 (5 U.S.C. App.).

In subsection (b)(1), the words “Each year, the Administrator shall conduct a comprehensive review” are substituted for “The Administrator shall, immediately after the enactment of this Act [October 6, 1972], institute a comprehensive review” and “Thereafter, the Administrator shall carry out a similar review annually” to eliminate obsolete language.

In subsection (d)(1) (matter before subparagraph (A)), the words “Director of the Office of Personnel Management” are substituted for “Civil Service Commission” because of section 102 of Reorganization Plan No. 2 of 1978 (5 U.S.C. App.).

In subsection (d)(1) (matter before subparagraph (A)), the words “The guidelines shall provide” are substituted for “The regulations shall provide” for consistency with the 1st sentence of subsection (d)(1), which provides that the Administrator shall establish “guidelines”, not regulations.

In subsection (d)(1)(A), the words “maximum rate payable under section 5376 of this title” are substituted for “rate specified for GS–18 of the General Schedule under section 5332 of title 5, United States Code” for clarity and because of section 101(c) of the Federal Employees Pay Comparability Act of 1990 (enacted by section 529 of Public Law 101–509 (5 U.S.C. 5376 note)).

In subsection (d)(1)(C)(i), the words “individuals with disabilities” are substituted for “handicapped individuals” for consistency with section 501 of the Rehabilitation Act of 1973 (29 U.S.C. 791).

In subsection (d)(1)(C)(i), the citation to “(29 U.S.C. 791)” is substituted for “(29 U.S.C. 794)” to correct an error in the law.

Notes of Decisions

Cited in 136 cases, 1948–1984 · leading case: Woodby v. Immigration & Naturalization Service

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Woodby v. Immigration & Naturalization Service (1966) scotus · cites it 2× “§ 1009 (e) (5), limits the scope of review to a determination of support by "substantial evidence," and 5 U. S. C. § 1006 limits the agencies to acting on "reliable, probative, and substantial evidence.”

Hannah v. Larche (1960) scotus · cites it 2× “241 , 5 U. S. C. § 1006 , which specifies the hearing procedures to be used by agencies falling within the coverage of the Act.”

United States v. Storer Broadcasting Co. (1956) scotus · cites it 2× “5 U. S. C. § 1006 (c). Such a hearing is essential for wise and just application of the authority of administrative boards and agencies.”

Hyson v. Montgomery County Council (1966) md · cites it 2× “1 ; the numerous State Administrative Procedure Acts (and the Federal Act, 5 U.S.C. § 1006 [c]) where cross-examination is specifically permitted; and Benjamin, Administrative Adjudication in the State of New York, 196.”

Converse v. Udall (1966) ord · cites it 4× “This motion was denied by Hearing Examiner Holt at the outset of the hearing, on the grounds that the motion had not been timely filed as required by 5 U.S.C. § 1006 (a). The hearing then continued, and revolved around the charges that there had been no valuable mineral…”

Julio Cisternas-Estay and Doris Cisternas-Estay v. Immigration and Naturalization Service (1976) ca3 “Until its amendment during recodification in 1966, § 7(a) of the APA, 5 U.S.C. § 1006 (a), read: Nothing in this Act shall be deemed to supersede the conduct of specified classes of proceedings in whole or part by or before boards or other officers specially provided for by or…”

Sadie J. McDaniel v. Anthony J. Celebrezze, Secretary of Health, Education and Welfare (1964) ca4 · cites it 3× “” Taking official notice of pertinent recognized publications is not improper if the requirements of § 7(d) of the Federal Administrative Procedure Act, ( 5 U.S.C. § 1006 [d]) are met. Reviewing courts, however, must scrutinize the use of this type of evidence in determining…”

Pittsburgh S. S. Co. v. National Labor Relations Board (1950) ca6 · cites it 2× “In contemplation of the election, permission was given for the presence of a union organizer upon each of the 73 ships. Out of some 2,000 men, Shartle is the only organizer found to have been discharged because of union activities.”

Environmental Defense Fund, Inc. v. Environmental Protection Agency (1976) cadc “241 (1946), 5 U.S.C.A. § 1006 (c), which places the burden of proof upon the proponent of an order, prohibits the Board from placing the burden of proving economic infeasibility upon the carriers.”

California Citizens Band Accociation, Incorporated, a Corporation v. United States of America and Federal Communications (1967) ca9 “It is therein provided that the reviewing court shall hold unlawful and set aside agency action, findings and conclusions found to be “ * * * (E) unsupported by substantial evidence in a case subject to sections 556 and 557 of this title (formerly 5 U.S.C. §§ 1006 and 1007) or…”

Giuseppe Giambanco v. Immigration and Naturalization Service (1976) ca3 “Until its amendment during recodification in 1966, § 7(a) of the APA, 5 U.S.C. § 1006 (a), read: Nothing in this act shall be deemed to supersede the conduct of specified classes of proceedings in whole or part by or before boards or other officers specially provided for by or…”

Breswick & Co. v. United States (1955) nysd · cites it 2× “" (b) Procedure "The agency shall afford all interested parties opportunity for (1) the submission and consideration of facts, arguments, offers of settlement, or proposals of adjustment where time, the nature of the proceeding, and the public interest permit, and (2) to the…”

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— 5 U.S.C. § 1006(c) — 1 case

Southern Stevedoring Co., Inc. v. Voris Voris v. Southern Stevedoring Co., Inc. (1951) ca5

— 5 U.S.C. § 1006(d) — 1 case

McDaniel v. Celebrezze (1963) mdd

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