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Executive Order: Eliminate One-Third of Advisory Committees

On June 14, President Trump issued an Executive Order on Federal Advisory Committees. The Executive Order (EO) directs executive departments and federal agencies to evaluate their current advisory committees established under section 9(a)(2) of the Federal Advisory Committee Act (FACA). As part of the review, each agency “shall, by September 30, 2019, terminate at least one-third of its current committees.” Although, agencies may request a waiver. The Order also imposes limitations on new Advisory Committees.

The EO states that agencies may count committees discontinued since January 20, 2017, towards the termination requirement. This will allow FDA to count the termination of its Food Advisory Committee since that committee was discontinued effective December 12, 2017. (For information on why that committee was discontinued, see our blog, FDA Discontinues Food Advisory Committee.)

Reporting requirements are also included in the EO. On or before August 1, 2019, the head of each agency is required to submit to the Director of the Office of Management and Budget: 1) a recommendation on whether each of the agency’s current advisory committees should be continued and 2) a detailed plan for either continuing or terminating each committee.

We will report on the impact that this EO will have on FDA’s and USDA’s Food Advisory Committees.

© 2020 Keller and Heckman LLP


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Keller and Heckman offers global food and drug services to its clients. Our comprehensive and extensive food and drug practice is one of the largest in the world. We promote, protect, and defend products made by the spectrum of industries regulated by the U.S. Food and Drug Administration (FDA), the European Commission and Member States authorities in the European Union (EU) and similar authorities throughout the world. The products we help get to market include foods, pharmaceuticals, medical devices, veterinary products, dietary supplements, and cosmetics. In addition...