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Circular No. A-135
October 5,
1994
TO THE HEADS
OF EXECUTIVE DEPARTMENTS AND ESTABLISHMENTS
SUBJECT: Management
of Federal Advisory Committees
1. Purpose
2. Background
3. Policy
4. Definitions
5. Required Action
6. OMB Responsibilities
7. GSA Responsibilities
8. Information Contact
9. Termination Review Date
10. Effective Date
- Purpose.
This Circular provides guidance and instructions on the management
of Federal advisory committees and requires Executive Departments
and agencies to establish a committee planning and review process.
- Background.
On February 10, 1993, the President signed Executive Order 12838,
"Termination and Limitation of Federal Advisory Committees," which
requires each Executive Department and agency to reduce the number
of discretionary committees by one-third. New discretionary advisory
committees are subject to review and approval by the Director
of OMB.
On June 28, 1994, the Vice President issued a memorandum reiterating
Administration policy regarding the maintenance of the reduction
targets mandated by Executive Order 12838, as well as new guidance
relating to Executive Branch action on advisory committees proposed
by statute. The Vice President's memorandum also called for additional
savings in committee costs over and above those achieved under
E.O. 12838, as recommended by the National Performance Review
(NPR).
- Policy.
The Administration is committed to maintaining advisory committees
as a way of ensuring public and expert involvement and advice
in Federal decision-making. At the same time, the number and cost
of advisory committees must be carefully managed. Advisory committees
should get down to the public's business, complete it and then
go out of business.
Agencies should review and eliminate advisory committees that
are obsolete, duplicative, low priority or serve a special, rather
than national interest. New advisory committees should be established
only when essential to the attainment of clearly defined Executive
Branch priorities, as defined by E.O. 12838, and when they will
not exceed an agency's advisory committee ceiling as established
by the Executive order's reduction requirement.
The Administration will generally not support the establishment
of new statutory committees or legislative language that exempts
advisory committees from coverage under the Federal Advisory Committee
Act (FACA). In addition, each agency should make a concerted effort
to work with its Congressional oversight committees to reduce
the number of existing committees required by statute.
- Definitions.
For purposes of this Circular, definitions for "advisory committee,"
"agency," and other terms are the same as defined in GSA's implementation
regulations for the Federal Advisory Committee Act (41 CFR Part
101-6). In addition:
A "non-discretionary advisory committee" is an advisory committee
either mandated by Presidential directive or by statute and is
subject to the Federal Advisory Committee Act. A "non-discretionary
advisory committee" mandated by statute is: (1) specifically identified
by name, specific purpose or function in statute, and (2) a committee
whose creation or termination is beyond an agency's legal discretion.
Advisory committees referenced by general ( non-specific) authorizing
language or committee report language will not be considered "non-discretionary."
In addition, where a statute requires an advisory committee as
defined above, but allows for one or more committees, only one
committee shall be considered to be required by statute.
- Required
Action. Each Executive Department and agency shall report
to OMB annually on the results of its efforts to maintain discretionary
committee levels required by E.O. 12838, and other actions to
reduce its inventory of non-discretionary statutory committees.
This submission will be used by the Director of OMB as the basis
for approving requests to establish new committees.
- Agency
advisory committee management plans will be submitted to OMB
and GSA each year and include:
(a) performance
measures used to evaluate each committee's progress in achieving
its stated goals or mission;
(b)
plans for the establishment of any new advisory committees
during the coming fiscal year;
(c)
a summary of actions taken to ensure the advisory committee
reduction goal is maintained; and
(d)
the results of a review of non-discretionary advisory committees
and plans to continue, terminate or merge these groups through
legislation. This will include a list of those committees
established by specific statutory authority during the current
fiscal year regardless of their coverage under the Federal
Advisory Committee Act.
- With
regard to non-discretionary advisory committees mandated by
statute, the agency will notify GSA of plans to establish
such committees prior to filing the charter required by section
9(c) of the Federal Advisory Committee Act. Such notification
will provide GSA with at least 10 working days to review the
proposed committee charter and advise the agency of its recommendations.
- OMB Responsibilities.
The Office of Management and Budget shall:
- (a)
review and approve agency advisory committee management plans
pursuant to Section 5 and in accordance with the Executive
order;
(b)
set advisory committee ceilings for each agency within the
government-wide advisory committee reduction goal established
by the Executive order;
(c)
work with agencies to control the establishment of statutory
advisory committees and develop legislation to terminate
those non-discretionary committees which are no longer necessary;
(d)
ensure that relevant legislation is reviewed consistent
with OMB Circular A-19; and
(e)
ensure agencies meet the cost reduction target recommended
by the Vice President's National Performance Review.
- GSA Responsibilities.
The General Services Administration shall (in addition to its
responsibilities under the FACA and as an agency under Section
5 above):
- (a)
prepare required justifications and recommendations specified
in Section 5 for each advisory committee subject to the FACA
and not sponsored by another department or agency;
(b)
assist OMB in its management and oversight of advisory committees,
including tracking agency compliance with the reduction
goals specified by E.O. 12838;
(c)
develop guidance, specific reporting formats and instructions
to implement Section 5 of this Circular. To the extent practicable,
new reporting requirements will be limited to information
not readily available through existing sources of data;
(d)
provide recommendations to OMB and each agency regarding
the continuance or management of advisory committees as
required by Section 7(b) of FACA, which mandates an annual
comprehensive review of all advisory committees; and
(e)
implement section 5(2) of this Circular.
- Information
Contact. Questions about this Circular should be addressed
to the Federal Services Branch (202) 395-5090. Questions concerning
the role of GSA should be directed to the Committee Management
Secretariat (202) 273-3556.
- Termination
Review Date. This Circular will be subject to review two years
after issuance.
- Effective
Date. This Circular is effective upon issuance.
(signed)
Alice M. Rivlin
Acting Director |
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