---
kind: "section"
citation: "5 U.S.C. § 1008"
title: "5"
title_heading: "Government Organization and Employees"
number: "1008"
heading: "Establishment and purpose of advisory committees"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/5/1008"
units:
  - "Part I — The Agencies Generally"
  - "Chapter 10 — Federal Advisory Committees"
---

# §1008. Establishment and purpose of advisory committees

- (a) **Establishment.—** An [advisory committee](/usc/5/1001.md?p=2-A) shall not be established unless [establishment](/usc/5/401.md?p=1) 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](/usc/5/601.md?p=1) involved after consultation with the [Administrator](/usc/5/1001.md?p=1), 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](/usc/5/601.md?p=1) by law.
- (b) **Purpose of Advisory Committees.—** Unless otherwise specifically provided by statute or Presidential directive, [advisory committees](/usc/5/1001.md?p=2-A) 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](/usc/5/1001.md?p=2-A) 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](/usc/5/1001.md?p=2-A) shall not meet or take any action until an [advisory committee](/usc/5/1001.md?p=2-A) charter has been filed—
    - (A) with the [Administrator](/usc/5/1001.md?p=1) in the case of [Presidential advisory committees](/usc/5/1001.md?p=4); or
    - (B) with—
      - (i) the head of the [agency](/usc/5/601.md?p=1) to whom the [advisory committee](/usc/5/1001.md?p=2-A) reports; and
      - (ii) the standing committees of the Senate and House of Representatives having legislative jurisdiction over the [agency](/usc/5/601.md?p=1) to which the [advisory committee](/usc/5/1001.md?p=2-A) reports.
  - (2) **Contents of charter.—** The [advisory committee](/usc/5/1001.md?p=2-A) 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](/usc/5/601.md?p=1) or official to whom the committee reports;
    - (E) the [agency](/usc/5/601.md?p=1) 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](/usc/5/401.md?p=1); and
    - (J) the date the charter is filed.
  - (3) **Copy of charter to library of congress.—** A copy of the [advisory committee](/usc/5/1001.md?p=2-A) charter shall be furnished to the Library of Congress.

## Source credit

(Pub. L. 117–286, § 3(a), Dec. 27, 2022, 136 Stat. 4201.)

## Notes

| Historical and Revision Notes |  |  |
| --- | --- | --- |
| Revised<br>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.).