Evaluating and Improving the Utility of Federal Advisory Committees

Record & deadlines

1. Jun 14, 2019Signed

   Signed by the President

2. Jun 19, 2019FR published

   Published in the Federal Register · 84 FR 28711

   Federal Register PDF
3. Date TBD

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

4. Sep 30, 2019

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

5. Sep 1, 2019

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

6. Aug 1, 2019

   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

• Director of the Office of Management and Budget · Office of Management and Budget
• Administrator of General Services · GSA
• Agency heads · Various

What to expect

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