[Federal Register Volume 59, Number 206 (Wednesday, October 26, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-26457]
[[Page Unknown]]
[Federal Register: October 26, 1994]
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OFFICE OF MANAGEMENT AND BUDGET
Circular A-135, ``Management of Federal Advisory Committees''
AGENCY: Office of Management and Budget, Federal Services Branch.
ACTION: Issuance of OMB Circular A-135, ``Management of Federal
Advisory Committees'' dated October 5, 1994.
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SUMMARY: This Circular outlines the Administration's policy of
controlling the growth of Federal advisory committees through an annual
agency review and planning process.
The Circular requires agencies to report annually to OMB and the
General Services Administration's (GSA) Committee Management
Secretariat on initiatives to reduce existing committees, terminate
statutory committees and plans to establish new advisory committees
during the next fiscal year.
OMB and GSA are responsible for reviewing and approving agency
plans and setting agency advisory committee ceilings that maintain the
President's government-wide advisory committee reduction goal
established through Executive Order 12838.
FOR FURTHER INFORMATION CONTACT: Steve Mertens, Federal Services
Branch, Office of Management and Budget, (202) 395-5090.
To the Heads of Executive Departments and Establishments
Subject: Management of Federal Advisory Committees
1. 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.
2. 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).
3. 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.
4. 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.
5. 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.
(1) 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.
(2) 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.
6. 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.
7. 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.
8. 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.
9. Termination Review Date. This Circular will be subject to review
two years after issuance.
10. Effective Date. This Circular is effective upon issuance.
Alice M. Rivlin,
Acting Director.
[FR Doc. 94-26457 Filed 10-25-94; 8:45 am]
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