The Secretary shall terminate any advisory committee upon a finding that any such advisory committee—

1. (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. (2) has failed to file all reports required under the provisions of the Federal Advisory Committee Act or this chapter;
3. (3) has failed to meet for two consecutive years;
4. (4) is responsible for functions that otherwise would be or should be performed by Federal employees; or
5. (5) does not serve or has ceased to serve an essential public function.

(Pub. L. 95–113, title XVIII, § 1806, Sept. 29, 1977, 91 Stat. 1042; Pub. L. 97–98, title XI, § 1116(a), Dec. 22, 1981, 95 Stat. 1271.)

References in Text

The Federal Advisory Committee Act, referred to in par. (2), is Pub. L. 92–463, Oct. 6, 1972, 86 Stat. 770, as amended, which is set out in the Appendix to Title 5, Government Organization and Employees.

Amendments

1981—Pub. L. 97–98 substituted provision relating to termination of advisory committees for provision relating to advisory committee charter requirements.

Effective Date of 1981 Amendment

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.