U.S. Code » Title 5 » Part PART I— THE AGENCIES GENERALLY › Chapter CHAPTER 10— FEDERAL ADVISORY COMMITTEES

5 U.S.C. § 1008

Establishment and purpose of advisory committees

Read at: OLRCuscode.house.gov CornellLII GovInfogovinfo.gov JustiaTitle 5 CasesGoogle Scholar
(a)Establishment.—An advisory committee shall not be established unless establishment is—(1) specifically authorized by statute or by the President; or(2) determined as a matter of formal record, by the head of the agency involved after consultation with the Administrator, with timely notice published in the Federal Register, to be in the public interest in connection with the performance of duties imposed on that agency by law.(b)Purpose of Advisory Committees.—Unless otherwise specifically provided by statute or Presidential directive, advisory committees shall be utilized solely for advisory functions. Determinations of action to be taken and policy to be expressed with respect to matters upon which an advisory committee reports or makes recommendations shall be made solely by the President or an officer of the Federal Government.(c)Advisory Committee Charters.—(1)General requirement.—An advisory committee shall not meet or take any action until an advisory committee charter has been filed—(A) with the Administrator in the case of Presidential advisory committees; or(B) with—(i) the head of the agency to whom the advisory committee reports; and(ii) the standing committees of the Senate and House of Representatives having legislative jurisdiction over the agency to which the advisory committee reports.(2)Contents of charter.—The advisory committee charter shall contain—(A) the committee’s official designation;(B) the committee’s objectives and the scope of its activity;(C) the period of time necessary for the committee to carry out its purposes;(D) the agency or official to whom the committee reports;(E) the agency responsible for providing the necessary support for the committee;(F) a description of the duties for which the committee is responsible, and, if the duties are not solely advisory, a specification of the authority for the duties;(G) the estimated annual operating costs for the committee in dollars and person-years;(H) the estimated number and frequency of committee meetings;(I) the committee’s termination date, if less than 2 years from the date of the committee’s establishment; and(J) the date the charter is filed.(3)Copy of charter to library of congress.—A copy of the advisory committee charter shall be furnished to the Library of Congress.(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)

1008

5 U.S.C. App. (FACA § 9)

Pub. L. 92–463, § 9, Oct. 6, 1972, 86 Stat. 773.

In subsection (a)(2) and subsection (c)(1)(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 42 cases (1 in the last 5 years), 1951–2024 · leading case: Pan-Atl. S.S. Corp. v. Atl. Coast Line R.R., 353 U.S. 436 (1957).
Sort: Relevance Newest Treatment
Pan-Atl. S.S. Corp. v. Atl. Coast Line R.R., 353 U.S. 436 (1957). · cites it 4× “" Section 9 (b) of the Administrative Procedure Act, 5 U. S. C. § 1008 (b), provides that "In any case in which the licensee has, in accordance with agency rules, made timely and sufficient application for a renewal or a new license, no license with reference to any activity of…”
E. Produce Co., Inc., & Charles Taxin v. Ezra Taft Benson, Sec'y of Agric. of the United States, 278 F.2d 606 (3rd Cir. 1960). · cites it 2× “§ 499h(a), the standard to be applied with regard to suspension of licenses was that set forth in Section 9 (b) of the Administrative Procedure Act, 5 U.S.C. § 1008 (b). That section provides: “ * * * Except in cases of willfulness * * * no * * * suspension * * * of any license…”
Boston & Maine R.R. v. United States, 162 F. Supp. 289 (D. Mass. 1958). · cites it 2× “Section 9, Administrative Procedure Act, 5 U.S.C.A. § 1008 ; Olesen v. Stanard, 9 Cir.”
Kukatush Mining Corp. (n.p.l.) v. Sec. & Exch. Comm'n, 309 F.2d 647 (D.C. Cir. 1962). “Appellants sought an injunction in the District Court, to strike their names from the Commission’s Canadian Restricted List which they describe as a “blacklist”; they contend that its issuance and publication without notice or hearing constituted a violation of Section 9(a) of…”
The Wolf Corp. v. Sec. & Exch. Comm'n, 317 F.2d 139 (D.C. Cir. 1963). “Appellant’s position is that a stop order proceeding against a pre-effective registration statement is in legal effect a revocation of a license within the statutory contemplation. Proceeding from that premise, appellant argues that the Commission failed to afford it an…”
Farmer v. United Elec., Radio & Mach. Workers of Am., 211 F.2d 36 (D.C. Cir. 1953). “See 60 Stat 242-44, 5 U.S.C.A. §§ 1008 , 1009.”
Riss & Co. v. United States, 117 F. Supp. 296 (W.D. Mo. 1952). · cites it 2× “60TA), initially granted in 1942, continues in full force and effect by virtue of other orders of the Commission and Section 9 (b) of the Administrative Procedure Act, 5 U.S.C. § 1008 (b); and (3) the Commission has, without good cause appearing, restricted the operating rights…”
H. P. Lambert Co., Inc. v. Sec'y of the Treasury, 354 F.2d 819 (1st Cir. 1965). “Rule 9(b), 5 U.S.C. § 1008 (b), which provides that “[e]xcept in cases c'f willfulness * * * no * * * revocation * * * of any license shall be lawful unless, prior to the institution of agency proceedings therefor, facts or conduct which may warrant such action shall have been…”
Columbia Auto Loan, Inc. v. Jordan, 196 F.2d 568 (D.C. Cir. 1952). “It is enough to say that the need for protecting a property right in a going business must on occasion be balanced, in the light of the governing statute and of the circumstances presented, against the need for protecting the public against some imminent danger.”
Cmty. Broad. Corp. v. Fed. Commc'ns Comm'n, Sunbeam Television Corp., Intervenor, 363 F.2d 717 (D.C. Cir. 1966). “The hold-over period presently has a statutory foundation, first provided in 1946 in Section 9(b) of the Administrative Procedure Act, 5 U.S.C. § 1008 (b), and specifically spelled out in 1952 by the addition of Section 307(d) to the Communications Act.”
Capitol Packing Co. v. United States, 350 F.2d 67 (10th Cir. 1965). · cites it 2× “§ 1002 , are subject to § 9(b) of the Administrative Procedure Act [ 5 U.S.C.A. § 1008 (b)], and cannot be suspended except for a wilful violation.”
Schwebel v. Orrick, 153 F. Supp. 701 (D.D.C. 1957). “" 5 U.S.C.A. § 1008 (b). 19 . “(e) ‘License’ includes the whole or part of any agency permit, certificate, approval, registration, charter, membership, statutory exemption or other form of permission * * *.”
Show all 42 citing cases →
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.