1. Purpose.

This Transmittal Memorandum clarifies Section 11, Circular No. A-63, Revised, dated March 27, 1974, relating to pay and other compensation of members, staff, and consultants of advisory committees.

2. Background. Section 7 of Public Law 92-463 provides that "the Director, after study and consultation with the Civil Service Commission, shall establish guidelines with respect to uniform fair rates of pay for comparable services of members, staffs, and consultants of advisory committees in a manner which gives appropriate recognition to the responsibilities and qualifications required and other relevant factors." Pursuant to the foregoing authority, the Director included uniform pay guidelines as Section 11 of Circular A-63, March 27, 1974. The revisions set forth below are designed to clarify Section 11.

3.

and

£.,

Revisions.

and

(a) Renumber the present subparagraphs a., b., C. d., of Section 11 as subparagraphs b., c., d., e., respectively.

e.,

(b) Insert the following as subparagraph "a.":

"a. General

of the

(1) Authority. The guidelines in this paragraph are established under the authority of Section 7 (d) Federal Advisory Committee Act, 86 Stat. 773.

(2) Applicability. The guidelines in this paragraph shall apply to the pay of members, staff,

consultants of an

advisory committee, except

and that

4.

nothing in this paragraph shall affect a rate of pay or a limitation on a rate of pay that is specifically established by statute or a rate of pay established under the General Schedule classification and pay system in Chapter 51 and subchapter III of Chapter 53 of title 5, United States Code."

(c) Add the following new subpargraph "g.":

"g. Nothing in this paragraph shall prevent ·

(1) an individual who (without regard to his service with an advisory committee) is a full-time employee of the United States, or

(2) an individual who immediately before his service with an advisory committee was such an employee, from receiving compensation at the rate at whch he otherwise would be compensated (or was compensated) as a full-time employee of the United States.'

"

Explanation. New subparagraph "a (1)" is added to state the authority for establishment of the uniform pay guidelines.

New subparagraph "a (2) " is added to clarify the applicability of the guidelines by making it clear that the guidelines do not affect the rate of pay or a limitation on a rate of pay that is specifically established by statute or a rate of pay established under the General Schedule classification and pay system.

New subparagraph "g" is added to clarify the status and pay of full-time Federal employees serving on advisory

committees.

5. Effective Date. effective immediately.

This Transmittal Memorandum 1s

should

6. Inquiries. Inquiries or requests for assistance be directed to the Committee Management Secretariat, Office of Management and Budget, telephone 395-5193 (code 103).

J
7.7.4

JAMES T. LYNN
DIRECTOR

March 7, 1977

EXECUTIVE OFFICE OF THE PRESIDENT
OFFICE OF MANAGEMENT AND BUDGET

WASHINGTON, D.C. 20503

CIRCULAR NO. A-63 Transmittal Memorandum No. 5

TO THE HEADS OF EXECUTIVE DEPARTMENTS AND ESTABLISHMENTS
SUBJECT: Review of Federal Advisory Committees

The President in his letter of February 25, 1977, expressed his concern about the number and usefulness of Federal advisory committees, and ordered a government-wide, zerobase review of all committees, with the presumption that all committees should be abolished except those (1) for which there is a compelling need; (2) which have truly balanced membership; and (3) which conduct their business as openly as possible consistent with the law and their mandate:

Section 7(b) of the Federal Advisory Committee Act (P.L. 92-463) requires the Director of the Office of Management and Budget (OMB) to conduct annually a comprehensive review of each advisory committee to determine:

a. whether such committee is carrying out its purpose;

b. whether, consistent with the provisions of applicable statutes, the responsibilities assigned to it should be revised;

c.

whether it should be

merged with other advisory

1

committees; or

d. whether it should be abolished.

of

To meet the President's objectives, and the requirements the Act, the following instructions, and reporting format, are provided for the review of Federal advisory committees, and supersede Transmittal Memorandum No. 3, Circular No. A63, September 3, 1975.

1. Agency comprehensive review. This review is to be a comprehensive, zero-base review of each advisory committee --, regardless of the authority under which the committee was established, or when it was established or last renewed: The head of each agency, or a senior policy official designated by the agency head, should review the need for,

(No. A-63)

and accomplishments of, each committee in terms of factors such as those enumerated in the attached review coversheet (Exhibit I), with particular attention to the "balance" of membership representation. The review should also take into consideration, and provide an opportunity for, public comments and recommendations concerning these advisory committees, to the maximum extent possible.

Based on this review, a determination should be made to continue, merge, terminate, or revise responsibilities of, as appropriate, each advisory committee established by the agency. Similar actions should be recommended for each committee established by statute or Presidential directive for which the agency has responsibility.

2. Reports. Following the agency's review, the following is to be submitted to the Committee Management Secretariat, OMB, not later than April 15, 1977, for OMB and Presidential

review:

a. A review coversheet (Exhibit I) only, in duplicate, for each agency-established committee which is proposed to

be terminated.

b. A review cover sheet (Exhibit I) and brief explanatory statement, in duplicate, for each committee established by statute or Presidential directive, which is recommended for merger or termination.

C. A review cover sheet (Exhibit I) and detailed justification, in duplicate, for each committee which is proposed to be continued.

d. A brief description of the process by which the agency provided an opportunity tor public comment on the review, anu recommendations for continuation, of advisory committees.

e. A letter of transmittal for the coversheets and accompanying statements, constituting a determination that the continuation of the committees proposed to be continued is in the public interest, signed by the agency head.

Inquiries should De directea to the Committee Management Secretariat, OMB, telephone 395-5193 (code 103).

རམ་ས

Bert Lande
Director

Attachment

(No. A-63)

FEDERAL ADVISORY COMMITTEE
REVIEW COVERSHEET

CIRCULAR NO. A-63

Transmittal Memorandum No. 5

EXHIBIT I

Department or Agency:

2. Name of committee (and subcommittee, if appropriate):

a.

Termination. If this is a committee established by statute, attach a brief explanatory statement for the recommendation and indicate whether legislation is required to carry out the recommendation and whether such legislation is contemplated or pending.

b.

a

Continuation. Attach a justification statement describing what this committee does, why there is compelling need for its continuation, and how it has a truly balanced membership. The statement should be on numbered Dond sheets with the name of the agency and the committee on each. The justification should include details on the following and any other relevant factors:

(1) The number of times the committee has met in the past year and the relevance of that number to its continuation.

(2) The number of reports submitted by the committee in the past year.

(3) A description of how the committee's reports, recommendations, or advice have been used in agency policy formulation, program planning, decision-making, achieving economies, etc.

(4) An explanation of why the recommendations or information cannot be obtained from other sources, elsewhere within the agency, from other agencies or existing committees, public hearings, consultants, etc.

(5) An explanation of any degree of duplication of functions, purpose, etc., with other committees, or within the agency, or with other agencies.

:

(6) The relationship of the cost of the committee to the reports, recommendations, or information provided.

(7) In consideration of (a) the functions to be performed and (b) the points of view to be represented, specifically how the membership is balanced--the views, areas of expertise, etc., included.

AS A ZERO BASE REVIEW, THE JUSTIFICATION SHOULD BE BASED ON THE PREMISE THAT THE COMMITTEE IS NOT GOING TO BE CONTINUED.