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

5 U.S.C. § 1011

Fiscal and administrative provisions

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(a)Records.—Each agency shall keep records that fully disclose the disposition of any funds which may be at the disposal of its advisory committees and the nature and extent of their activities. The General Services Administration, or such other agency as the President may designate, shall maintain financial records with respect to Presidential advisory committees. The Comptroller General of the United States, or any authorized representative of the Comptroller General, shall have access to the records for the purpose of audit and examination.(b)Support Services.—Each agency shall be responsible for providing support services for each advisory committee established by or reporting to it unless the establishing authority provides otherwise. If an advisory committee reports to more than one agency, only one agency at a time shall be responsible for support services. In the case of Presidential advisory committees, support services may be provided by the General Services Administration.(Pub. L. 117–286, § 3(a), Dec. 27, 2022, 136 Stat. 4203.)

Historical and Revision Notes

Revised

Section

Source (U.S. Code)

Source (Statutes at Large)

1011

5 U.S.C. App. (FACA § 12)

Pub. L. 92–463, § 12, Oct. 6, 1972, 86 Stat. 775.

Notes of Decisions
Cited in 15 cases, 1950–1966 · leading case: Harisiades v. Shaughnessy, 342 U.S. 580 (1951).
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Harisiades v. Shaughnessy, 342 U.S. 580 (1951). · cites it 2× “" The proceedings against Harisiades and Coleman were instituted before the effective date of the Act.”
Rusk v. Cort, 369 U.S. 367 (1962). · cites it 2× “244 , 5 U. S. C. § 1011 . On their face the provisions of these statutes appear clearly to permit an action such as was brought here to review the final administrative determination of the Secretary of State.”
Pan-Atl. S.S. Corp. v. Atl. Coast Line R.R., 353 U.S. 436 (1957). · cites it 2× “" [6] The public announcement of the Commission's interpretation of § 9 (b), published in September 1947, admitted that its interpretation was subject to question: "There is a divergence of legal opinion on the question.”
vonLUSCH v. Hoffmaster, 253 F. Supp. 633 (D. Maryland 1966). · cites it 2× “(1) The Act creating the Small Business Administration provides, in section 634(b) (1), quoted above, that no injunction may be issued against the Administrator.”
Marine Engineers' Beneficial Ass'n No. 13 v. Nat'l Labor Relations Bd., 202 F.2d 546 (3rd Cir. 1953). “5 U.S.C.A. § 1011 . See N. L. R. B. v. Stocker Mfg.”
Nat'l Labor Relations Bd. v. Stocker Mfg. Co., 185 F.2d 451 (3rd Cir. 1950). “Although the Labor-Management Relations Act was enacted later, we think the apparent purpose of the intermediate report requirement in that Act enables the relevant provisions of the two statutes to stand together.”
Indiana & Michigan Elec. Co. v. Fed. Power Comm'n, 224 F. Supp. 166 (N.D. Ind. 1963). “Section 12 of the Act ( 5 U.S.C. § 1011 ) provides in part as follows: “ * * * Except as otherwise required by law, all requirements or privileges relating to evidence or procedure shall apply equally to agencies and persons.”
Borg-Johnson Elec., Inc. v. Christenberry, 169 F. Supp. 746 (S.D.N.Y. 1959). “” Defendant contends that this power to delegate functions is in no way limited by the Administrative Procedure Act and urges that confirmation for this is to be found in the savings clause of Section 7(a).”
Frausto v. Brownell, 140 F. Supp. 660 (S.D. Cal. 1956). “” And § 12 of the Act, 5 U.S.C.A. § 1011 , provides: “No subsequent legislation shall be held to supersede or modify the provisions of this Act except to the extent that such legislation shall do so expressly.”
Drago Gostovich v. A. Valore, Adjudication Officer, Vets. Admin., Pittsburgh, Pennsylvania, 257 F.2d 144 (3rd Cir. 1958). “2d 44, 49 , that section 12 of the Administrative Procedure Act, 5 U.S.C.A. § 1011 , expressly provides that: “Nothing in this Act shall be held *• * * to limit or repeal additional requirements imposed by statute or otherwise recognized by law.”
Nat'l Anti-Vivisection Soc'y v. Fed. Commc'ns Comm'n, 234 F. Supp. 696 (N.D. Ill. 1964). “§ 825f and Title 5 U.S.C. § 1011 of the Administrative Procedure Act, required the Commission to rule on the defendant’s requests for the issuance of subpoenas to-aid discovery.”
Tom Mung Ngow v. Dulles, 122 F. Supp. 709 (D.D.C. 1954). “” 1 The object and intent of Congress in enacting this beneficent and progressive legislation is strongly emphasized by a unique and unusual expression found in the last section of the statute, 5 U.S.C.A. § 1011 : “No subsequent legislation shall be held to supersede or modify…”
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