Code of Federal Regulations · Section
§ 102-3.50 — -3.50 Authorities For Establishing Advisory Committees
41 C.F.R. § 102-3.50
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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).
Authorizing Statute
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Administrative40 U.S.C. § 121