5 U.S.C. § 1007

Responsibilities of agency heads

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(a)Administrative Guidelines and Management Controls.—Each agency head shall establish uniform administrative guidelines and management controls for advisory committees established by that agency, which shall be consistent with directives of the Administrator under sections 1006 and 1009 of this title. Each agency shall maintain systematic information on the nature, functions, and operations of each advisory committee within its jurisdiction.(b)Advisory Committee Management Officer.—The head of each agency that has an advisory committee shall designate an Advisory Committee Management Officer who shall—(1) exercise control and supervision over the establishment, procedures, and accomplishments of advisory committees established by the agency;(2) assemble and maintain the reports, records, and other papers of any advisory committee established by the agency during the advisory committee’s existence; and(3) carry out, on behalf of the agency, the provisions of section 552 of this title with respect to such reports, records, and other papers.(Pub. L. 117–286, § 3(a), Dec. 27, 2022, 136 Stat. 4201.)

Historical and Revision Notes

Revised

Section

Source (U.S. Code)

Source (Statutes at Large)

1007

5 U.S.C. App. (FACA § 8)

Pub. L. 92–463, § 8, Oct. 6, 1972, 86 Stat. 773.

In subsection (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.).

Notes of Decisions
Cited in 152 cases, 1948–1983 · leading case: Universal Camera Corp. v. Nat'l Labor Relations Bd., 340 U.S. 474 (1951).
Universal Camera Corp. v. Nat'l Labor Relations Bd., 340 U.S. 474 (1951). · cites it 2× “242 , 5 U. S. C. § 1007 (b). We found that this Act’s provision for judicial review has the same meaning as that in the Taft-Hartley Act.”
Oscar Mayer & Co. v. United States, 268 F. Supp. 977 (W.D. Wis. 1967). · cites it 10× “Similarly, when as here it is contended that in revoking a suspension order, the Commission is bound to "include a statement of (1) findings and conclusions, as well as the reasons or basis therefor, upon all the material issues of fact, law, or discretion presented on the…”
Long Island Rail Road Co. v. United States, 140 F. Supp. 823 (E.D.N.Y 1956). · cites it 6× “" The original complaint challenged the validity of the vacating order on the ground (1) that "good cause appearing therefor" was an insufficient statement of reasons for the Division's about face, and (2) that the order did not comply with the requirements of the Administrative…”
Burlington Truck Lines, Inc. v. United States, 371 U.S. 156 (1962). “[15] Section 8 (b), 5 U. S. C. § 1007 (b), provides that all decisions shall "include a statement of .”
Norfolk S. Bus Corp. v. United States, 96 F. Supp. 756 (E.D. Va. 1950). · cites it 4× “) Even though section 8(b) of the Administrative Procedure Act, 5 U.S.C.A. § 1007 (b), may now be applicable to the decisions of the Interstate Commerce Commission, we think that the Commission's report contains findings sufficient to support the order.”
Sisto v. Civil Aeronautics Bd., 179 F.2d 47 (D.C. Cir. 1949). · cites it 3× “242 , 5 U.S.C.A. § 1007 . 9 . 14 C.F.R. 97.21 (k) (1949); Administrative Procedure Act, sec.”
State Corp. Comm'n of Kan. v. Fed. Power Comm'n. N. Nat. Gas Co. v. Fed. Power Comm'n, 206 F.2d 690 (8th Cir. 1953). · cites it 2× “The case must be remanded to the Commission with direction to make additional findings and conclusions upon its determination of the issue of Rate of Return, including its reasons and basis therefor so as to comply with the requirements of 5 U.S.C.A. § 1007 (b). 10. The…”
Cent. & S. Motor Freight Tariff Ass'n v. United States, 273 F. Supp. 823 (D. Del. 1967). · cites it 4× “Subsidiary contentions are directed to the Commission’s failure to comply with § 8 of the Administrative Procedure Act, 5 U.S.C.A. § 1007 (a) (1950). The alleged failure of compliance is twofold: the Commission’s bypassing of the examiner’s report with the most perfunctory…”
T.S.C. Motor Freight Lines, Inc. v. United States, 186 F. Supp. 777 (S.D. Tex. 1960). · cites it 2× “” The Amarillo-Borger and Dixie Carriers cases involve orders entered for “good cause appearing” which vacated and overruled existing Commission orders suspending proposed rates [ 138 F.”
Kuhn v. Civil Aeronautics Bd., 183 F.2d 839 (D.C. Cir. 1950). · cites it 2× “§ 1007 (b), merely states that “all decisions (including initial, recommended, or tentative decisions) shall become part of the record and include a statement of (1) findings and conclusions, as well as the reasons or basis therefor, upon all the material issues of fact, law, or…”
Amarillo-Borger Express, Inc. v. United States, 138 F. Supp. 411 (N.D. Tex. 1956). · cites it 2× “Moreover, this requirement has now been made explicit by the Administrative Procedure Act, 5 U.S.C.A. § 1007 (b), which requires a statement of findings and conclusions in their ultimate legal form “as well as the reasons or basis therefor.”
The Fed. Trade Comm'n v. J. Weingarten, Inc., 336 F.2d 687 (5th Cir. 1964). · cites it 2× “The remand power is conferred by § 8 of the Administrative Procedure Act, 5 U.S.C.A. § 1007 , Attorney General’s Manual on the Administrative Procedure Act 84-85, and is expressly recognized in the Commission’s Rules of Practice 4.”
— 5 U.S.C. § 1007(a) — 2 cases
Wilson v. United States, 114 F. Supp. 814 (W.D. Mo. 1953).
— 5 U.S.C. § 1007(b) — 11 cases
State Corp. Comm'n of Kan. v. Fed. Power Comm'n. N. Nat. Gas Co. v. Fed. Power Comm'n, 206 F.2d 690 (8th Cir. 1953). “The case must be remanded to the Commission with direction to make additional findings and conclusions upon its determination of the issue of Rate of Return, including its reasons and basis therefor so as to comply with the requirements of 5 U.S.C.A. § 1007 (b). 10. The…”
Armored Carrier Corp. v. United States, 260 F. Supp. 612 (E.D.N.Y 1966).
Younger Bros., Inc. v. United States, 238 F. Supp. 859 (S.D. Tex. 1965).
North Am. Van Lines, Inc. v. United States, 217 F. Supp. 837 (N.D. Ind. 1963).
Freight Forwarders Inst. v. United States, 263 F. Supp. 460 (S.D.N.Y. 1967).
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.