dreamproit/uscode huggingface dataset:
5 U.S.C. § 562 (GOVERNMENT ORGANIZATION AND EMPLOYEES)
§ 562. Definitions
For the purposes of this subchapter, the term—
(1) “agency” has the same meaning as in section 551(1) of this title;
(2) “consensus” means unanimous concurrence among the interests represented on a negotiated rulemaking committee established under this subchapter, unless such committee—
(A) agrees to define such term to mean a general but not unanimous concurrence; or
(B) agrees upon another specified definition;
(3) “convener” means a person who impartially assists an agency in determining whether establishment of a negotiated rulemaking committee is feasible and appropriate in a particular rulemaking;
(4) “facilitator” means a person who impartially aids in the discussions and negotiations among the members of a negotiated rulemaking committee to develop a proposed rule;
(5) “interest” means, with respect to an issue or matter, multiple parties which have a similar point of view or which are likely to be affected in a similar manner;
(6) “negotiated rulemaking” means rulemaking through the use of a negotiated rulemaking committee;
(7) “negotiated rulemaking committee” or “committee” means an advisory committee established by an agency in accordance with this subchapter and chapter 10 of this title to consider and discuss issues for the purpose of reaching a consensus in the development of a proposed rule;
(8) “party” has the same meaning as in section 551(3) of this title;
(9) “person” has the same meaning as in section 551(2) of this title;
(10) “rule” has the same meaning as in section 551(4) of this title; and
(11) “rulemaking” means “rule making” as that term is defined in section 551(5) of this title.
(Added Pub. L. 101–648, § 3(a), Nov. 29, 1990, 104 Stat. 4970, § 582; renumbered § 562, Pub. L. 102–354, § 3(a)(2), Aug. 26, 1992, 106 Stat. 944; amended Pub. L. 117–286, § 4(a)(5), Dec. 27, 2022, 136 Stat. 4305.)
heading: Editorial Notes
heading: Amendments
text: 2022—Par. (7). Pub. L. 117–286 substituted “chapter 10 of this title” for “the Federal Advisory Committee Act”.
1992—Pub. L. 102–354 renumbered section 582 of this title as this section.
5 U.S.C. § 565 (GOVERNMENT ORGANIZATION AND EMPLOYEES)
§ 565. Establishment of committee
(a) Establishment.—
(1) Determination to establish committee.—
If after considering comments and applications submitted under section 564, the agency determines that a negotiated rulemaking committee can adequately represent the interests that will be significantly affected by a proposed rule and that it is feasible and appropriate in the particular rulemaking, the agency may establish a negotiated rulemaking committee. In establishing and administering such a committee, the agency shall comply with chapter 10 of this title with respect to such committee, except as otherwise provided in this subchapter.
(2) Determination not to establish committee.—
If after considering such comments and applications, the agency decides not to establish a negotiated rulemaking committee, the agency shall promptly publish notice of such decision and the reasons therefor in the Federal Register and, as appropriate, in trade or other specialized publications, a copy of which shall be sent to any person who applied for, or nominated another person for membership on the negotiating 1 rulemaking committee to represent such interests with respect to the proposed rule.
(b) Membership.—
The agency shall limit membership on a negotiated rulemaking committee to 25 members, unless the agency head determines that a greater number of members is necessary for the functioning of the committee or to achieve balanced membership. Each committee shall include at least one person representing the agency.
(c) Administrative Support.—
The agency shall provide appropriate administrative support to the negotiated rulemaking committee, including technical assistance.
(Added Pub. L. 101–648, § 3(a), Nov. 29, 1990, 104 Stat. 4972, § 585; renumbered § 565 and amended Pub. L. 102–354, § 3(a)(2), (3), Aug. 26, 1992, 106 Stat. 944; Pub. L. 117–286, § 4(a)(7), Dec. 27, 2022, 136 Stat. 4305.)
heading: Editorial Notes
heading: Amendments
text: 2022—Subsec. (a)(1). Pub. L. 117–286 substituted “chapter 10 of this title” for “the Federal Advisory Committee Act”.
1992—Pub. L. 102–354, § 3(a)(2), renumbered section 585 of this title as this section.
Subsec. (a)(1). Pub. L. 102–354, § 3(a)(3), substituted “section 564” for “section 584”.
5 U.S.C. § 568 (GOVERNMENT ORGANIZATION AND EMPLOYEES)
§ 568. Services, facilities, and payment of committee member expenses
(a) Services of Conveners and Facilitators.—
(1) In general.—
An agency may employ or enter into contracts for the services of an individual or organization to serve as a convener or facilitator for a negotiated rulemaking committee under this subchapter, or may use the services of a Government employee to act as a convener or a facilitator for such a committee.
(2) Determination of conflicting interests.—
An agency shall determine whether a person under consideration to serve as convener or facilitator of a committee under paragraph (1) has any financial or other interest that would preclude such person from serving in an impartial and independent manner.
(b) Services and Facilities of Other Entities.—
For purposes of this subchapter, an agency may use the services and facilities of other Federal agencies and public and private agencies and instrumentalities with the consent of such agencies and instrumentalities, and with or without reimbursement to such agencies and instrumentalities, and may accept voluntary and uncompensated services without regard to the provisions of section 1342 of title 31. The Federal Mediation and Conciliation Service may provide services and facilities, with or without reimbursement, to assist agencies under this subchapter, including furnishing conveners, facilitators, and training in negotiated rulemaking.
(c) Expenses of Committee Members.—
Members of a negotiated rulemaking committee shall be responsible for their own expenses of participation in such committee, except that an agency may, in accordance with section 1006(d) of this title, pay for a member’s reasonable travel and per diem expenses, expenses to obtain technical assistance, and a reasonable rate of compensation, if—
(1) such member certifies a lack of adequate financial resources to participate in the committee; and
(2) the agency determines that such member’s participation in the committee is necessary to assure an adequate representation of the member’s interest.
(d) Status of Member as Federal Employee.—
A member’s receipt of funds under this section or section 569 shall not conclusively determine for purposes of sections 202 through 209 of title 18 whether that member is an employee of the United States Government.
(Added Pub. L. 101–648, § 3(a), Nov. 29, 1990, 104 Stat. 4974, § 588; renumbered § 568 and amended Pub. L. 102–354, § 3(a)(2), (4), Aug. 26, 1992, 106 Stat. 944; Pub. L. 117–286, § 4(a)(9), Dec. 27, 2022, 136 Stat. 4306.)
heading: Editorial Notes
heading: Amendments
text: 2022—Subsec. (c). Pub. L. 117–286 substituted “section 1006(d) of this title,” for “section 7(d) of the Federal Advisory Committee Act,” in introductory provisions.
1992—Pub. L. 102–354, § 3(a)(2), renumbered section 588 of this title as this section.
Subsec. (d). Pub. L. 102–354, § 3(a)(4), substituted “section 569” for “section 589”.
5 U.S.C. § 1001 (GOVERNMENT ORGANIZATION AND EMPLOYEES)
§ 1001. Definitions
In this chapter:
(1) Administrator.—
The term “Administrator” means the Administrator of General Services.
(2) Advisory committee.—
(A) In general.—
The term “advisory committee” means a committee, board, commission, council, conference, panel, task force, or other similar group, or any subcommittee or other subgroup thereof (hereafter in this paragraph referred to as “committee”) that is established or utilized to obtain advice or recommendations for the President or one or more agencies or officers of the Federal Government and that is—
(i) established by statute or reorganization plan;
(ii) established or utilized by the President; or
(iii) established or utilized by one or more agencies.
(B) Exclusions.—
The term “advisory committee” excludes—
(i) a committee that is composed wholly of full-time, or permanent part-time, officers or employees of the Federal Government; and
(ii) a committee that is created by the National Academy of Sciences or the National Academy of Public Administration.
(3) Agency.—
The term “agency” has the meaning given the term in section 551 of this title.
(4) Presidential advisory committee.—
The term “Presidential advisory committee” means an advisory committee that advises the President.
(Pub. L. 117–286, § 3(a), Dec. 27, 2022, 136 Stat. 4197.)
text: Historical and Revision Notes
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
1001
5 U.S.C. App. (FACA § 3)
Pub. L. 92–463, § 3, Oct. 6, 1972, 86 Stat. 770; Pub. L. 105–153, § 2(a), Dec. 17, 1997, 111 Stat. 2689.
[Although not mentioned in the explanation contained in H. Rept. 117–193, in par. (1), “ ‘Administrator’ means the Administrator of General Services” substituted for “ ‘Director’ means 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.).]
heading: Statutory Notes and Related Subsidiaries
heading: Short Title of 1997 Act
text: Pub. L. 105–153, § 1, Dec. 17, 1997, 111 Stat. 2689, provided that: “This Act [see Tables for classification] may be cited as the ‘Federal Advisory Committee Act Amendments of 1997’.”
heading: Short Title of 1972 Act
text: Pub. L. 92–463, § 1, Oct. 6, 1972, 86 Stat. 770, provided that: “This Act [see Tables for classification] may be cited as the ‘Federal Advisory Committee Act’.”
5 U.S.C. § 1003 (GOVERNMENT ORGANIZATION AND EMPLOYEES)
§ 1003. Applicability
(a) In General.—
This chapter, and any rule, order, or regulation promulgated under this chapter, shall apply to each advisory committee except to the extent that the Act establishing the advisory committee specifically provides otherwise.
(b) Exemptions Relating to Certain Federal Entities.—
Nothing in this chapter shall be construed to apply to an advisory committee established or utilized by—
(1) the Central Intelligence Agency;
(2) the Federal Reserve System; or
(3) the Office of the Director of National Intelligence, if the Director of National Intelligence determines that for reasons of national security the advisory committee cannot comply with the requirements of this chapter.
(c) Exemptions Relating to Certain Local and State Entities.—
Nothing in this chapter shall be construed to apply to any local civic group whose primary function is that of rendering a public service with respect to a Federal program, or any State or local committee, council, board, commission, or similar group established to advise or make recommendations to State or local officials or agencies.
(Pub. L. 117–286, § 3(a), Dec. 27, 2022, 136 Stat. 4198.)
text: Historical and Revision Notes
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
1003
5 U.S.C. App. (FACA § 4)
Pub. L. 92–463, § 4, Oct. 6, 1972, 86 Stat. 771; Pub. L. 111–259, title IV, § 410(a), Oct. 7, 2010, 124 Stat. 2724.
5 U.S.C. § 1004 (GOVERNMENT ORGANIZATION AND EMPLOYEES)
§ 1004. Responsibilities of congressional committees
(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.)
text: Historical and Revision Notes
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
1004
5 U.S.C. App. (FACA § 5)
Pub. L. 92–463, § 5, Oct. 6, 1972, 86 Stat. 771.
5 U.S.C. § 1005 (GOVERNMENT ORGANIZATION AND EMPLOYEES)
§ 1005. Responsibilities of the President
(a) Delegation.—
The President may delegate responsibility for evaluating and taking action, where appropriate, with respect to all public recommendations made to the President by Presidential advisory committees.
(b) Report on Response to Recommendations.—
Within 1 year after a Presidential advisory committee submits a public report to the President, the President or the President’s delegate shall submit to Congress a report stating either proposals for action or reasons for inaction, with respect to the recommendations contained in the public report.
(Pub. L. 117–286, § 3(a), Dec. 27, 2022, 136 Stat. 4199.)
text: Historical and Revision Notes
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
1005
5 U.S.C. App. (FACA § 6(a), (b))
Pub. L. 92–463, § 6(a), (b), Oct. 6, 1972, 86 Stat. 772.
5 U.S.C. § 1007 (GOVERNMENT ORGANIZATION AND EMPLOYEES)
§ 1007. Responsibilities of agency heads
(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.)
text: 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.).
5 U.S.C. § 1008 (GOVERNMENT ORGANIZATION AND EMPLOYEES)
§ 1008. Establishment and purpose of advisory committees
(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.)
text: 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.).
5 U.S.C. § 1010 (GOVERNMENT ORGANIZATION AND EMPLOYEES)
§ 1010. Availability of transcripts
(a) Definition of Agency Proceeding.—
In this section, the term “agency proceeding” has the meaning given the term in section 551 of this title.
(b) Availability.—
Agencies and advisory committees shall make available to any person, at actual cost of duplication, copies of transcripts of any agency proceeding or advisory committee meeting.
(Pub. L. 117–286, § 3(a), Dec. 27, 2022, 136 Stat. 4203.)
text: Historical and Revision Notes
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
1010
5 U.S.C. App. (FACA § 11)
Pub. L. 92–463, § 11, Oct. 6, 1972, 86 Stat. 775.
In subsection (b), the words “Except where prohibited by contractual agreements entered into prior to the effective date of this Act [i.e., 90 days after October 6, 1972]” are omitted as obsolete.
5 U.S.C. § 1011 (GOVERNMENT ORGANIZATION AND EMPLOYEES)
§ 1011. Fiscal and administrative provisions
(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.)
text: 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.
5 U.S.C. § 1012 (GOVERNMENT ORGANIZATION AND EMPLOYEES)
§ 1012. Responsibilities of Library of Congress
Subject to section 552 of this title, the Administrator shall provide for the filing with the Library of Congress of at least 8 copies of each report made by each advisory committee and, where appropriate, background papers prepared by consultants. The Librarian of Congress shall establish a depository for the reports and papers and make them available for public inspection and use.
(Pub. L. 117–286, § 3(a), Dec. 27, 2022, 136 Stat. 4204.)
text: Historical and Revision Notes
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
1012
5 U.S.C. App. (FACA § 13)
Pub. L. 92–463, § 13, Oct. 6, 1972, 86 Stat. 775.
In this section, 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.).