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Title 7 — Agriculture

Chapter 55A — Department of Agriculture Advisory Committees

§ 2286. Termination of committees

Statutory text

The Secretary shall terminate any advisory committee 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 2285 of this title;

(2)

has failed to file all reports required under the provisions of chapter 10 of title 5 or this chapter;

(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.

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. Food and Agriculture Act of 1977

    Pub. L. 95–113 title XVIII § 1806 · 91 Stat. 913

    Enacted · 7 U.S.C. § 2286

    Pub. L. 95–113, title XVIII, § 1806, Sept. 29, 1977, 91 Stat. 1042

    Source evidence

    Code source credit
    Pub. L. 95–113, title XVIII, § 1806, Sept. 29, 1977, 91 Stat. 1042

    Enacted provision · exact public law section
    Sec. 1806. advisory committee charter requirements—operating costs In addition to complying with other requirements of section 9(c) (G) of the Federal Advisory Committee Act, each advisory committee shall provide the following information to the Secretary when it files its charter— (1) a statement that the estimate of annual operating costs developed pursuant to section 9(c) (G) of the Federal Advisory Committee Act is inclusive of all private and public moneys to be spent by or on behalf of the advisory committee; and (2) specific estimates of— (A) the amount of Federal funds that will be used annually to support directly or indirectly the operation of the advisory committee; (B) the dollar value of the time and the expenses that will lie incurred annually by Federal agencies and employees in assisting in the operation of the advisory committee; (C) the travel expenses, including per diem or subsistence in lieu thereof, that will be incurred annually by advisory committee members and Department of Agriculture employees in attending meetings of the advisory committee, including travel performed in support of the advisory committee’s operation; and (D) all expenses that will be paid annually by sources out-side the Government, including, but not limited to, expenses borne by the committee members or other individuals, such as their employers, corporations, organizations, associations, or labor organizations.

  2. Agriculture and Food Act of 1981

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

    Substituted · 7 U.S.C. § 2286

    Pub. L. 97–98 substituted provision relating to termination of advisory committees for provision relating to advisory committee charter requirements

    Source evidence

    Code amendment note
    Pub. L. 97–98 substituted provision relating to termination of advisory committees for provision relating to advisory committee charter requirements.

    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.

  3. Pub. L. 117–286 § 4(a)(30) · 136 Stat. 4196

    Substituted · 7 U.S.C. § 2286(2)

    Pub. L. 117–286 substituted “chapter 10 of title 5” for “the Federal Advisory Committee Act”

    Source evidence

    Code amendment note
    Par. (2). Pub. L. 117–286 substituted “chapter 10 of title 5” for “the Federal Advisory Committee Act”.

    Enacted provision · exact public law section
    (30) Section 1806(2) of the Food and Agriculture Act of 1977 (7 U.S.C. 2286(2)) is amended by striking “the Federal Advisory Committee Act” and inserting “chapter 10 of title 5, United States Code,”.

3 of 3 references resolved to an enrolled provision

Editorial Notes

Amendments1981–2022 · 2 rounds

2022

Par. (2). Pub. L. 117–286 substituted “chapter 10 of title 5” for “the Federal Advisory Committee Act”.

1981

Pub. L. 97–98 substituted provision relating to termination of advisory committees for provision relating to advisory committee charter requirements.

Statutory Notes and Related Subsidiaries

Effective Date of 1981 Amendment

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

Effective Date

Section effective , see section 1901 of Pub. L. 95–113, set out as an Effective Date of 1977 Amendment note under section 1307 of this title.

Credits

1977–2022 · 3 acts
  1. 1977Pub. L. 95–113, title XVIII, § 1806, , 91 Stat. 1042
  2. 1981Pub. L. 97–98, title XI, § 1116(a), , 95 Stat. 1271
  3. 2022Pub. L. 117–286, § 4(a)(30), , 136 Stat. 4308.
Show as published

(Pub. L. 95–113, title XVIII, § 1806, , 91 Stat. 1042; Pub. L. 97–98, title XI, § 1116(a), , 95 Stat. 1271; Pub. L. 117–286, § 4(a)(30), , 136 Stat. 4308.)

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