COAC, BIS Technical Committees Appear Safe From Advisory Committee Elimination Effort

The Commercial Customs Operations Advisory Committee appears to be among the advisory committees that aren't eligible for elimination under a recent executive order. President Donald Trump issued an executive order in June that directed all federal departments and agencies to eliminate one-third of their current Federal Advisory Committee Act-authorized committees by Sept. 30 (see 1906170021). Committees authorized by statute aren't eligible for elimination and, according to a search on the FACA database, there are 22 trade-focused committees that are required by statute.

Agency recommendations were due to the Office of Budget and Management by Aug. 1. A senior administration official confirmed by email that "OMB did receive the recommendations from agencies" and is "still in the process of reviewing those recommendations."

The Industry Trade Advisory Committees, which are overseen by the Commerce Department and the Office of the U.S. Trade Representative, are also statutorily authorized and ineligible for elimination. There are 14 ITACs that give guidance on "trade barriers, negotiations of trade agreements, and implementation of existing trade agreements affecting industry sectors; and perform other advisory functions relevant to U.S. trade policy matters." The USTR's Advisory Committee for Trade Policy and Negotiations is also listed as required by statute.

The Bureau of Industry and Security's Technical Advisory Committees are also listed on the FACA database as statutorily required and therefore not eligible for the cuts. The TACs are used to "advise the Department of Commerce on the technical parameters for export controls applicable to dual-use commodities and technology and on the administration of those controls." Commerce and CBP didn't comment.

Trade-focused advisory committees that do seem to be eligible for elimination are the Agricultural Technical Advisory Committees within the Department of Agriculture and the Environmental Technologies Trade Advisory Committee within the Commerce Department. Those groups are "authorized by law" but not statutorily required.

Also eligible for elimination are the Advisory Council on Trade Enforcement and Compliance and the Advisory Committee on Supply Chain Competitiveness, both under Commerce. Those groups were created under "agency authority," as was the Labor Department's Labor Advisory Committee for Trade Negotiations and Trade Policy, according to the FACA database. Some presidentially authorized groups are also not statutorily required, including the President's Export Council and the President's Advisory Council on Doing Business in Africa.