41 C.F.R. § 102.3.50 — What are the authorities for establishing advisory committees?
§ 102–3.50 What are the authorities for establishing advisory committees? FACA identifies four sources of authority for establishing an advisory committee: (a) Required by statute. By law where the Congress establishes an advisory committee, or specifically directs the President or an agency to establish it ( non-discretionary ); (b) Presidential authority. By Executive order of the President or other Presidential directive ( non-discretionary ); (c) Authorized by statute. By law where the 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 general agency-authorizing statutes ( discretionary ).