Evaluating and Improving the Utility of Federal Advisory Committees, 28711-28713 [2019-13175]

Agencies

• Executive Office of the President

[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.

                    (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]]

                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.

                    (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.

                    (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]]

                    (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