94-26457. Circular A-135, ``Management of Federal Advisory Committees''

[Federal Register Volume 59, Number 206 (Wednesday, October 26, 1994)]
[Unknown Section]
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From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-26457]


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[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, [phone].

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 [phone]. Questions 
concerning the role of GSA should be directed to the Committee 
Management Secretariat [phone].
    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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