Evaluating and Improving the Utility of Federal Advisory Committees

[Federal Register Volume 84, Number 118 (Wednesday, June 19, 2019)]

[Presidential Documents]

[Pages 28711-28713]

From the Federal Register Online via the Government Publishing Office [www.gpo.gov]

[FR Doc No: 2019-13175]

Presidential Documents

Federal Register / Vol. 84 , No. 118 / Wednesday, June 19, 2019 /

Presidential Documents

[[Page 28711]]

Executive Order 13875 of June 14, 2019

Evaluating and Improving the Utility of Federal

Advisory Committees

By the authority vested in me as President by the

Constitution and the laws of the United States of

America, and consistent with the Federal Advisory

Committee Act (FACA), as amended (5 U.S.C. App.), it is

hereby ordered as follows:

Section 1. Review of Current Advisory Committees. (a)

Each executive department and agency (agency) shall

evaluate the need for each of its current advisory

committees established under section 9(a)(2) of FACA

and those advisory committees established under section

9(a)(1) that are authorized by law but not required by

statute (eligible committees).

(b) Each agency shall, by September 30, 2019,

terminate at least one-third of its current committees

established under section 9(a)(2) of FACA, including

committees for which the:

(i) stated objectives of the committee have been accomplished;

(ii) subject matter or work of the committee has become obsolete;

(iii) primary functions have been assumed by another entity; or

(iv) agency determines that the cost of operation is excessive in relation

to the benefits to the Federal Government.

under section 9(a)(2) of FACA, including

committees for which the:

(i) stated objectives of the committee have been accomplished;

(ii) subject matter or work of the committee has become obsolete;

(iii) primary functions have been assumed by another entity; or

(iv) agency determines that the cost of operation is excessive in relation

to the benefits to the Federal Government.

(c) Each agency may request a waiver of the

requirement in subsection (b) of this section from the

Director of the Office of Management and Budget

(Director). The Director may grant such a waiver if the

Director concludes it is necessary for the delivery of

essential services, for effective program delivery, or

because it is otherwise warranted by the public

interest.

(d) Each agency that has fewer than three current

eligible committees is exempt from subsection (b) of

this section.

(e) Agencies may count eligible committees

terminated since January 20, 2017, toward the

requirement of subsection (b) of this section.

Sec. 2. Limitations on New Advisory Committees. The

Government-wide combined total number of eligible

committees (excluding committees covered by section

6(d) of this order) shall not exceed 350. If the

combined total number of eligible committees exceeds

350, an agency may not establish a new advisory

committee under section 9(a)(2) of FACA, unless the

agency obtains a waiver pursuant to subsection 4(b) of

this order. Such a waiver is in addition to the notice

and other requirements of FACA and its implementing

regulations.

[[Page 28712]]

exceeds

350, an agency may not establish a new advisory

committee under section 9(a)(2) of FACA, unless the

agency obtains a waiver pursuant to subsection 4(b) of

this order. Such a waiver is in addition to the notice

and other requirements of FACA and its implementing

regulations.

[[Page 28712]]

Sec. 3. Reporting Requirements. (a) The head of each

agency shall submit to the Director on or before August

1, 2019:

(i) a recommendation for each of the agency's current advisory committees

established by the President under section 9(a)(1) of FACA regarding

whether the committee should be continued; and

(ii) a detailed plan, for each advisory committee required by statute, for

continuing or terminating such committee, including, as appropriate,

recommended legislation for submission to the Congress.

(b) The Administrator of General Services

(Administrator) shall submit to the Director such

justifications and recommendations required by

subsection (a) of this section for independent

Presidential advisory committees, as defined by 41 CFR

102-3.25.

Sec. 4. Office of Management and Budget Role. (a) The

Director, in coordination with the Administrator, shall

issue instructions regarding the implementation of this

order, including how to calculate the number of

eligible committees to eliminate in each agency and how

to comply with applicable law.

Sec. 4. Office of Management and Budget Role. (a) The

Director, in coordination with the Administrator, shall

issue instructions regarding the implementation of this

order, including how to calculate the number of

eligible committees to eliminate in each agency and how

to comply with applicable law.

(b) The Director may, with the concurrence of the

Administrator, grant an agency a waiver of the

requirements of section 2 of this order if the Director

concludes that such waiver is necessary for the

delivery of essential services, for effective program

delivery, or because it is otherwise warranted by the

public interest.

(c) By September 1, 2019, the Director shall make

appropriate recommendations to the President about

terminating committees established by the President

under section 9(a)(1) of FACA. The Director shall also

include in the President's FY 2021 budget submission to

the Congress a detailed plan for terminating such

committees required by statute whose continued

operations no longer serve the public interest,

including with respect to the criteria set forth in

subsection 1(b) of this order.

Sec. 5. Exemption for Merit Review Panels. (a) The

requirements of sections 1, 2, and 3 of this order do

not apply to a merit review panel or advisory committee

whose primary purpose is to provide scientific

expertise to support agencies making decisions related

to the safety or efficacy of products to be marketed to

American consumers.

s. (a) The

requirements of sections 1, 2, and 3 of this order do

not apply to a merit review panel or advisory committee

whose primary purpose is to provide scientific

expertise to support agencies making decisions related

to the safety or efficacy of products to be marketed to

American consumers.

(b) A merit review panel, for purposes of this

order, is any collegial body whose approval is

necessary to fund an extramural research procurement

contract, grant, or cooperative agreement (including

second level peer review), such as those at the

National Institutes of Health.

Sec. 6. General Provisions. (a) This order shall be

implemented consistent with applicable law and subject

to the availability of appropriations.

(b) Nothing in this order shall be construed to

impair or otherwise affect:

(i) the authority granted by law to an executive department or agency, or

the head thereof; or

(ii) the functions of the Director relating to budgetary, administrative,

or legislative proposals.

(c) This order is not intended to, and does not,

create any right or benefit, substantive or procedural,

enforceable at law or in equity by any party against

the United States, its departments, agencies, or

entities, its officers, employees, or agents, or any

other person.

[[Page 28713]]

als.

(c) This order is not intended to, and does not,

create any right or benefit, substantive or procedural,

enforceable at law or in equity by any party against

the United States, its departments, agencies, or

entities, its officers, employees, or agents, or any

other person.

[[Page 28713]]

(d) The provisions of this order do not apply to

any independent regulatory agency, as that term is

defined in section 3502(5) of title 44, United States

Code.

(Presidential Sig.)

THE WHITE HOUSE,

June 14, 2019.

[FR Doc. 2019-13175

Filed 6-18-19; 11:15 am]

Billing code 3295-F9-P