5 U.S.C. § 1003 — Applicability

Page 248 TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES § 1003 Administrator of General Services, shall remain in ef- fect as if issued by the Administrator until amended, modified, or revoked. SEC. 6. This Order shall be effective November 20, 1977. JIMMY CARTER. LOBBYISTS ON AGENCY BOARDS AND COMMISSIONS Memorandum of President of the United States, June 18, 2010, 75 F.R. 35955, provided: Memorandum for the Heads of Executive Depart- ments and Agencies My Administration is committed to reducing the undue influence of special interests that for too long has shaped the national agenda and drowned out the voices of ordinary Americans. Special interests exert this disproportionate influence, in part, by relying on lobbyists who have special access that is not available to all citizens. Although lobbyists can sometimes play a constructive role by communicating information to the government, their service in privileged positions within the executive branch can perpetuate the culture of special-interest access that I am committed to changing. On the day after my inauguration, I signed Executive Order 13490, which places strict limits on the ability of lobbyists to serve in Government positions related to their prior lobbying activities. Last September, we took another step to close the revolving door through which lobbyists enter and exit Government positions when we announced that my Administration aspires to keep Federal agencies’ advisory boards free of federally registered lobbyists. Many departments and agencies are making this aspiration a reality by no longer plac- ing federally registered lobbyists on advisory boards— a practice that I am now establishing as the official policy of my Administration. Accordingly, I hereby direct the heads of executive departments and agencies not to make any new ap- pointments or reappointments of federally registered lobbyists to advisory committees and other boards and commissions. Within 90 days of the date of this memo- randum, the Director of the Office of Management and Budget shall issue proposed guidance designed to im- plement this policy to the full extent permitted by law. The final guidance shall be issued following public com- ment on the proposed guidance. This memorandum is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or enti- ties, its officers, employees, or agents, or any other person. The Director of the Office of Management and Budget is hereby authorized and directed to publish this memo- randum in the Federal Register. BARACK OBAMA. § 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 con- strued to apply to an advisory committee estab- lished or utilized by— (1) the Central Intelligence Agency; (2) the Federal Reserve System; or (3) the Office of the Director of National In- telligence, if the Director of National Intel- ligence determines that for reasons of national security the advisory committee cannot com- ply 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 ren- dering a public service with respect to a Federal program, or any State or local committee, coun- cil, board, commission, or similar group estab- lished to advise or make recommendations to State or local officials or agencies. (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) 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. § 1004. Responsibilities of congressional commit- tees (a) REVIEW OF ACTIVITIES.—In the exercise of its legislative review function, each standing committee of the Senate and the House of Rep- resentatives shall make a continuing review of the activities of each advisory committee under its jurisdiction to determine whether such advi- sory 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 al- ready being performed. Each such standing com- mittee shall take appropriate action to obtain the enactment of legislation necessary to carry out the purpose of this subsection. (b) CONSIDERATION OF LEGISLATION.—In consid- ering 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 advi- sory committee are being or could be performed by one or more agencies or by an advisory com- mittee 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 func- tions to be performed by the advisory com- mittee; (3) contain appropriate provisions to assure that the advice and recommendations of the advisory committee will not be inappropri- ately influenced by the appointing authority or by any special interest, but will instead be the result of the advisory committee’s inde- pendent judgment; (4) contain provisions dealing with author- ization of appropriations, the date for submis- sion of reports (if any), the duration of the ad- visory committee, and the publication of re- ports and other materials, to the extent that the standing committee determines the provi- sions of section 1009 of this chapter to be inad- equate; and