§ 2285. Budget prohibitions

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1977

   Food and Agriculture Act of 1977

   Pub. L. 95–113 title XVIII § 1805 · 91 Stat. 913

   Enacted · 7 U.S.C. § 2285

   Pub. L. 95–113, title XVIII, § 1805, Sept. 29, 1977, 91 Stat. 1042

   Source evidence

   Code source credit
   Pub. L. 95–113, title XVIII, § 1805, Sept. 29, 1977, 91 Stat. 1042

   Enacted provision · exact public law section
   Sec. 1805. membership on advisory committees (a) No person other than an officer or employee of the Department of Agriculture shall serve on an advisory committee for more than six consecutive years. (b) No person shall simultaneously serve on more than one advisory committee unless authorized by the Secretary. (c) All advisory committees shall, to the extent practicable, have— (1) a balanced membership reflecting the differing views of the groups substantially affected by the matters to be considered by such advisory committees; and (2) ethnic, racial, and sexual balance. (d) Each member of an advisory committee shall use his or her full name and principal place of residence, and shall provide the Secretary with (1) the names of persons or companies by whom he or she is employed, (2) his or her principal occupation, and (3) his or her major sources of income. Such information shall be forwarded to the appropriate committees of Congress having legislative jurisdiction or over-sight responsibility with respect to the agency within the Department of Agriculture which established the advisory committee, as part of the annual report provided for in section 1807 of this title. (e) Not more than one officer or employee of any corporation or other entity, including all subsidiaries and affiliates thereof, shall serve on the same advisory committee at any one time, unless excepted by the Secretary.

2. 1981

   Agriculture and Food Act of 1981

   Pub. L. 97–98 title XI § 1116(a) · 95 Stat. 1213

   Substituted · 7 U.S.C. § 2285

   Pub. L. 97–98 substituted provision relating to budget prohibitions for provision relating to membership on advisory committees. See section 2283 of this title

   Source evidence

   Code amendment note
   Pub. L. 97–98 substituted provision relating to budget prohibitions for provision relating to membership on advisory committees. See section 2283 of this title.

   Enacted provision · exact public law section
   (a) Title XVIII of the Food and Agriculture Act of 1977 (7 U.S.C. 2281 et seq.) is amended to read as follows: “TITLE XVIII— DEPARTMENT OF AGRICULTURE ADVISORY COMMITTEES “Sec. 1801. “purposes The purposes of this title are to— “(1) require strict financial and program accounting by advisory committees of the Department of Agriculture; “(2) assure balance and objectivity in the membership of such advisory committees; and “(3) prevent the formation or continuation of unnecessary advisory committees by the Department of Agriculture. “Sec. 1802. “definitions When used in this title— “(1) the term ‘Secretary’ means the Secretary of Agriculture of the United States; “(2) the term ‘Department of Agriculture’ means the United States Department of Agriculture; and “(3) the term ‘advisory committee’ means any committee, board, commission, council, conference, panel, task force, or other similiar group, or any subcommittee or other subgroup thereof that is established or used by the Department of Agriculture in the interest of obtaining advice or recommendations for the President or the Department of Agriculture, except that such term excludes any committee which (A) is composed wholly of full-time officers or employees of the Federal Government, (B) is established by statute or reorganization plan, or (C) is established by the President. “Sec. 1803. “membership on advisory committees (a) No person other than an officer or employee of the Department of Agriculture may serve simultaneously on more than one advisory committee, unless authorized by the Secretary. “(b) Not more than one officer or employee of any corporation or other non-Federal entity, including all subsidiaries and affiliates thereof, may serve on the same advisory committee at any one time, unless authorized by the Secretary. “(c) No person other than an officer or employee of the Department of Agriculture may serve for more than six consecutive years on an advisory committee, unless authorized by the Secretary. “Sec. 1804. “annual report The Secretary shall annually transmit to the appropriate committees of Congress having legislative jurisdiction or over-sight with respect to the agency within the Department of Agriculture that provides support services to an advisory committee, and to the Library of Congress— “(1) a copy of the report concerning that advisory committee prepared in compliance with section 6(c) of the Federal Advisory Committee Act (5 U.S.C. App.); “(2) a list of the members of that advisory committee which shall specify the principal place of residence, persons or companies by whom they are employed, and other major sources of income, as defined by the Secretary, of each member; and “(3) a statement of the amount of expenses incurred in connection with advisory committee meetings by any member of an advisory committee for which reimbursement was received from any source other than the United States or the member’s employer. “Sec. 1805. “budget prohibitions No advisory committee may expend funds in excess of 7 USC 2285. its estimated annual operating costs by more than 10 per centum or $500, whichever is greater, until it provides the Secretary with an explanation of the need for the additional expenditure and the Secretary approves such additional expenditure. “Sec. 1806. “termination of advisory committees The Secretary shall terminate any advisory committee 7 USC 2286. upon a finding that any such advisory committee— “(1) has expended funds in excess of its estimated annual operating costs by more than 10 per centum or $500, whichever is greater, without the prior approval of the Secretary pursuant to the provisions of section 1805 of this title; “(2) has failed to file all reports required under the provisions of the Federal Advisory Committee Act or this title; 5 USC app. “(3) has failed to meet for two consecutive years; “(4) is responsible for functions that otherwise would be or should be performed by Federal employees; or “(5) does not serve or has ceased to serve an essential public function.”.

   Effective date note
   Amendment by Pub. L. 97–98 effective Dec. 22, 1981, see section 1801 of Pub. L. 97–98, set out as an Effective Date note under section 4301 of this title.

2 of 2 references resolved to an enrolled provision