ExecutiveOrdersEO
EO 13875Executive OrderTrump 45 · R Quiet signal

Executive Order 13875

Evaluating and Improving the Utility of Federal Advisory Committees

This executive order requires federal agencies to evaluate and reduce their advisory committees by terminating at least one-third of discretionary committees by September 30, 2019. It caps the total number of eligible advisory committees government-wide at 350 and mandates reporting to OMB on committee continuations and terminations.

Federal Register Open PDF 84 FR 28711

Impact dates

  1. OMB to include detailed plan for terminating statutorily required committees in President's FY 2021 budget submission

  2. Agencies must terminate at least one-third of current section 9(a)(2) FACA committees

  3. OMB Director makes recommendations to President on terminating presidentially-established committees under FACA section 9(a)(1)

  4. Agency heads submit committee continuation recommendations and statutory committee plans to OMB Director

Key directives

  • Each agency shall evaluate need for each current advisory committee under FACA section 9(a)(2) and non-required 9(a)(1) committees
  • Each agency shall terminate at least one-third of section 9(a)(2) committees by September 30, 2019
  • Government-wide cap of 350 eligible committees (excluding section 6(d) independent regulatory agencies)
  • Agency heads submit recommendations on presidentially-established committees and plans for statutorily required committees by August 1, 2019
  • OMB Director to issue implementation instructions
  • OMB to make recommendations to President by September 1, 2019 on terminating presidentially-established committees
  • OMB to include committee termination plan in FY 2021 budget submission

Who is ordered

Timeline

Immediate

  • Agencies begin evaluating current advisory committees
  • OMB to issue implementation instructions

Near term (90d)

  • August 1, 2019: Agency reports due to OMB
  • September 1, 2019: OMB recommendations to President on presidentially-established committees
  • September 30, 2019: Agencies must terminate at least one-third of eligible committees

Long term

  • FY 2021 budget submission to include plan for terminating statutorily required committees no longer serving public interest

Risks & tensions

  • Waiver process (sections 1(c), 4(b)) creates tension between reduction mandate and 'essential services' exceptions, with vague 'public interest' standard
  • Counting pre-EO terminations since January 20, 2017 toward quota may inflate apparent compliance without actual post-EO reduction
  • Exemption for agencies with fewer than three committees (section 1(d)) creates uneven application
  • Scientific merit review panel exemption (section 5) protects peer review but leaves other scientific advisory bodies exposed
  • Cap of 350 committees without clear baseline creates implementation uncertainty; OMB instruction requirement (section 4(a)) suggests text left calculation method undefined
  • Independent regulatory agency exclusion (section 6(d)) creates two-tier system for federal advisory oversight
Executive Order 13875: Evaluating and Improving the Utility of Federal Advisory Committees · Executive Orders