Evaluating and Improving the Utility of Federal Advisory Committees

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.

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.

    (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.