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40 U.S.C. 121; 5 U.S.C. chapter 10; and E.O. 12024, 42 FR 61445, 3 CFR, 1977 Comp., p. 158.
90 FR 58417, Dec. 16, 2025, unless otherwise noted.
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FACA identifies four sources of authority for establishing an advisory committee:
(a) Required by statute. By law where Congress establishes an advisory committee, or specifically directs the President or an agency to establish it (non-discretionary);
(b) Presidential authority. By Presidential directive (non-discretionary);
(c) Authorized by statute. By law where Congress authorizes, but does not direct the President or an agency to establish it (discretionary); or
(d) Agency authority. By an agency under general authority in title 5 of the United States Code or under other agency-authorizing statutes (discretionary).