5 U.S.C. § 1001 — Definitions

Page 246 TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES [§ 913 amendment, or to a motion to postpone, or a motion to proceed to the consideration of other business. A motion to reconsider the vote by which the motion is agreed to or disagreed to shall not be in order. If a motion to proceed to the consideration of the resolution is agreed to, the resolution shall remain the unfinished busi- ness of the respective House until disposed of. (b) Debate on the resolution, and on all debat- able motions and appeals in connection there- with, shall be limited to not more than ten hours, which shall be divided equally between individuals favoring and individuals opposing the resolution. A motion further to limit debate is in order and not debatable. An amendment to, or a motion to postpone, or a motion to proceed to the consideration of other business, or a mo- tion to recommit the resolution is not in order. A motion to reconsider the vote by which the resolution is passed or rejected shall not be in order. (c) Immediately following the conclusion of the debate on the resolution with respect to a reorganization plan, and a single quorum call at the conclusion of the debate if requested in ac- cordance with the rules of the appropriate House, the vote on final passage of the resolu- tion shall occur. (d) Appeals from the decisions of the Chair re- lating to the application of the rules of the Sen- ate or the House of Representatives, as the case may be, to the procedure relating to a resolu- tion with respect to a reorganization plan shall be decided without debate. (e) If, prior to the passage by one House of a resolution of that House, that House receives a resolution with respect to the same reorganiza- tion plan from the other House, then— (1) the procedure in that House shall be the same as if no resolution had been received from the other House; but (2) the vote on final passage shall be on the resolution of the other House. (Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 398; Pub. L. 95–17, § 2, Apr. 6, 1977, 91 Stat. 34; Pub. L. 98–614, § 3(d), (e)(1), (2), Nov. 8, 1984, 98 Stat. 3193.) HISTORICAL AND REVISION NOTES Derivation U.S. Code Revised Statutes and Statutes at Large .................. 5 U.S.C. 133z–14. June 20, 1949, ch. 226, § 205, 63 Stat. 207. Standard changes are made to conform with the defi- nitions applicable and the style of this title as outlined in the preface to the report. Editorial Notes AMENDMENTS 1984—Pub. L. 98–614, § 3(e)(2), substituted ‘‘passage’’ for ‘‘disapproval’’ in section catchline. Subsec. (b). Pub. L. 98–614, § 3(d)(1), substituted ‘‘passed or rejected’’ for ‘‘agreed to or disagreed to’’. Subsec. (c). Pub. L. 98–614, § 3(d)(2), substituted ‘‘final passage’’ for ‘‘final approval’’. Subsec. (e). Pub. L. 98–614, § 3(e)(1), added subsec. (e). 1977—Pub. L. 95–17 inserted ‘‘; vote on final dis- approval’’ after ‘‘debate’’ in section catchline. Subsec. (a). Pub. L. 95–17 inserted provisions that a motion to discharge a committee is not subject to a motion to postpone or to a motion to proceed to the consideration of other business and that if a motion to proceed to the consideration of the resolution is agreed to, the resolution shall remain the unfinished business of the respective House until disposed of. Subsec. (b). Pub. L. 95–17 inserted provisions that a motion to postpone or a motion to proceed to the con- sideration of other business is not in order. Subsec. (c). Pub. L. 95–17 added subsec. (c). Subsec. (d). Pub. L. 95–17 added subsec. (d) which pro- visions were formerly set out in section 913(b) of this title. [§ 913. Omitted] Editorial Notes CODIFICATION Section, Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 398, pro- viding for decision without debate with respect to mo- tions to postpone, motions to proceed to the consider- ation of other business, and appeals from decisions of the Chair relating to the application of the rules of the Senate or the House of Representatives, was omitted in the general amendment of this chapter by Pub. L. 95–17, § 2, Apr. 6, 1977, 91 Stat. 29. See section 912 of this title. CHAPTER 10—FEDERAL ADVISORY COMMITTEES Sec. 1001. Definitions. 1002. Findings and declarations. 1003. Applicability. 1004. Responsibilities of congressional committees. 1005. Responsibilities of the President. 1006. Responsibilities of the Administrator. 1007. Responsibilities of agency heads. 1008. Establishment and purpose of advisory com- mittees. 1009. Advisory committee procedures. 1010. Availability of transcripts. 1011. Fiscal and administrative provisions. 1012. Responsibilities of Library of Congress. 1013. Termination of advisory committees. 1014. Requirements relating to National Academy of Sciences and National Academy of Public Administration. § 1001. Definitions In this chapter: (1) ADMINISTRATOR.—The term ‘‘Adminis- trator’’ means the Administrator of General Services. (2) ADVISORY COMMITTEE.— (A) IN GENERAL.—The term ‘‘advisory com- mittee’’ means a committee, board, commis- sion, 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 Gov- ernment and that is— (i) established by statute or reorganiza- tion plan; (ii) established or utilized by the Presi- dent; or (iii) established or utilized by one or more agencies. (B) EXCLUSIONS.—The term ‘‘advisory com- mittee’’ excludes— (i) a committee that is composed wholly of full-time, or permanent part-time, offi- cers or employees of the Federal Govern- ment; and Page 247 TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES § 1002 (ii) a committee that is created by the National Academy of Sciences or the Na- tional 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.) 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 con- tained in H. Rept. 117–193, in par. (1), ‘‘ ‘Administrator’ means the Administrator of General Services’’ sub- stituted for ‘‘ ‘Director’ means the Director of the Of- fice of Management and Budget’’ because of section 5F of Reorganization Plan No. 1 of 1977 (5 U.S.C. App.).] Statutory Notes and Related Subsidiaries SHORT TITLE OF 1997 ACT Pub. L. 105–153, § 1, Dec. 17, 1997, 111 Stat. 2689, pro- vided that: ‘‘This Act [see Tables for classification] may be cited as the ‘Federal Advisory Committee Act Amendments of 1997’.’’ SHORT TITLE OF 1972 ACT 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’.’’ § 1002. Findings and declarations (a) FINDINGS.—Congress finds that there are numerous committees, boards, commissions, councils, and similar groups which have been es- tablished to advise officers and agencies in the executive branch of the Federal Government and that they are frequently a useful and beneficial means of furnishing expert advice, ideas, and di- verse opinions to the Federal Government. (b) FINDINGS AND DECLARATIONS.—Congress further finds and declares that— (1) the need for many existing advisory com- mittees has not been adequately reviewed; (2) new advisory committees should be es- tablished only when they are determined to be essential and their number should be kept to the minimum necessary; (3) advisory committees should be termi- nated when they are no longer carrying out the purposes for which they were established; (4) standards and uniform procedures should govern the establishment, operation, adminis- tration, and duration of advisory committees; (5) Congress and the public should be kept informed with respect to the number, purpose, membership, activities, and cost of advisory committees; and (6) the function of advisory committees should be advisory only, and all matters under their consideration should be determined, in accordance with law, by the official, agency, or officer involved. (Pub. L. 117–286, § 3(a), Dec. 27, 2022, 136 Stat. 4198.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 1002 ............ 5 U.S.C. App. (FACA § 2) Pub. L. 92–463, § 2, Oct. 6, 1972, 86 Stat. 770. Executive Documents EXECUTIVE ORDER NO. 11007 Ex. Ord. No. 11007, Feb. 27, 1962, 27 F.R. 1875, which re- lated to regulations for formation and use of advisory committees, was superseded by Ex. Ord. No. 11671, June 5, 1972, 37 F.R. 11307. EXECUTIVE ORDER NO. 11671 Ex. Ord. No. 11671, June 5, 1972, 37 F.R. 11307, which related to committee management, was superseded by Ex. Ord. No. 11686, Oct. 7, 1972, 37 F.R. 21421. EXECUTIVE ORDER NO. 11686 Ex. Ord. No. 11686, Oct. 7, 1972, 37 F.R. 21421, which re- lated to committee management, was superseded by Ex. Ord. No. 11769, Feb. 21, 1974, 39 F.R. 7125. EXECUTIVE ORDER NO. 11769 Ex. Ord. No. 11769, Feb. 21, 1974, 39 F.R. 7125, which re- lated to committee management, was revoked by Ex. Ord. No. 12024, Dec. 1, 1977, 42 F.R. 61445, set out below. EX. ORD. NO. 12024. TRANSFER OF CERTAIN ADVISORY COMMITTEE FUNCTIONS Ex. Ord. No. 12024, Dec. 1, 1977, 42 F.R. 61445, provided: By virtue of the authority vested in me by the Con- stitution and statutes of the United States of America, including the Federal Advisory Committee Act, as amended ([former] 5 U.S.C. App.) [see 5 U.S.C. 1001 et seq.], Section 301 of Title 3 of the United States Code, Section 202 of the Budget and Accounting Procedures Act of 1950 (31 U.S.C. 581c) [31 U.S.C. 1531], and Section 7 of Reorganization Plan No. 1 of 1977 (42 F.R. 56101 (Oc- tober 21, 1977)) [set out in the Appendix to this title], and as President of the United States of America, in ac- cord with the transfer of advisory committee functions from the Office of Management and Budget to the Gen- eral Services Administration provided by Reorganiza- tion Plan No. 1 of 1977, it is hereby ordered as follows: SECTION 1. The transfer, provided by Section 5F of Re- organization Plan No. 1 of 1977 (42 F.R. 56101) [set out in the Appendix to this title], of certain functions under the Federal Advisory Committee Act, as amend- ed ([former] 5 U.S.C. App.) [see 5 U.S.C. 1001 et seq.], from the Office of Management and Budget and its Di- rector to the Administrator of General Services is here- by effective. SEC. 2. There is hereby delegated to the Adminis- trator of General Services all the functions vested in the President by the Federal Advisory Committee Act, as amended, except that, the annual report to the Con- gress required by Section 6(c) of that Act shall be pre- pared by the Administrator for the President’s consid- eration and transmittal to the Congress. SEC. 3. The Director of the Office of Management and Budget shall take all actions necessary or appropriate to effectuate the transfer of functions provided in this Order, including the transfer of funds, personnel and positions, assets, liabilities, contracts, property, records, and other items related to the functions trans- ferred. SEC. 4. Executive Order No. 11769 of February 21, 1974 is hereby revoked. SEC. 5. Any rules, regulations, orders, directives, cir- culars, or other actions taken pursuant to the func- tions transferred or reassigned as provided in this Order from the Office of Management and Budget to the