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.02 The requirements of this Handbook do not apply to operating unit committees, i.e., committees composed entirely of personnel from a single operating unit.
SECTION C. RESPONSIBILITIES.
.01 Secretarial Officers, Heads of Operating units and Heads of Departmental Offices shall be responsible for assuring compliance with the provisions of this Handbook within their organizations. They shall, for this purpose:
Designate a Canmittee Liaison Officer for their unit or office, with organization-wide responsibilities as set forth in paragraph .02 of this section (and further described in relevant portions of the Handbook); and
b. Designate c Committee Control Officer for each advisory committee and interagency canmittee for which the organization is responsible, with duties as discussed in paragraph .03 of this section.
.02 Committee Liaison Officers shall serve as the point of contact for all committee management matters within their organizations, with duties which shall include:
Review of proposals to establish or renew conmittees, such review to be for compliance with the requirements and standards of this Order;
b. Maintenance of files as prescribed in this Handbook;
Advice and assistance (in conjunction with the organization's legal office) to officials and Committee Control Officers in establishing, chartering, reporting on, and terminating committees; and
Preparation, compilation, or conduct, as appropriate, of all reports and reviews required by this Order, and such special reports or reviews as may from time to time be requested by the Departmental Office of Organization and Management Systems. .03 Committee Control Officers shall at all times be fully knowledgeable : and up-to-date on all the activities and developments of the committee(s) and/or subcommittee(s) assigned to their cognizance, including mission and membership matters as well as management.
Duties shall include the filing of reports and the maintenance of records as prescribed in this Handbook.
b. For advisory committees, the duties may include a delegation of the following statutory authorities:
1. issuing the "call" or approve the plans for each meeting, 2. approving the agenda for each meeting, and 3. chairing or attending each meeting, and adjourning the meeting whenever it is determined that adjournment is in the public interest.
.04 The Departmental Office of Organization and Management Systems (OOMS) shall be responsible for the day-to-day direction of the Department's committee management program, and for monitoring the implementation of this Order. Among other things, COMS shall:
a. Exercise committee management responsibility for the immediate office of the Secretary; b. Review proposals, Secretarial abstracts, and all formal paperwork dealing with committees for which the Department is responsible, including the paperwork on such committee management matters as only the Secretary or the Assistant Secretary for Administration can decide;
c.' Assist the Assistant Secretary for Administration in the conduct of his/her duties as the Department's designated Advisory Committee Management Officer (Section 8.b. of the FACA);
d. Prepare or direct the preparation of Department reports, and furnish information on Commerce committees in response to statutory requirements, central agency requirement, the Congress, the White Bouse, and the Secretary:
e. Maintain a Departmental Control File an each of the canmittees of the Department, which shall include the original of the committee's charter and the original of any other statutorily required document (excepting reports submitted by offices and operating units directly to the Library of Congress pursuant to Section 13 of the FACA); and
; f. Provide guidance to Canmittee Liaison Officers and serve as the focal
point for all canmittee management matters within the Department and between the Department, General Services Administration (ASA), Office of Management and Budget (OMB), Library of Congress, and the Office of the Federal Register. Legal matters, including those requiring Justice Department opinion, will be referred by OOMS to the Office of General bunsel ( C).
.05 The General Services Administration maintains the Corunittee Management Secretariat which is responsible for all matters relating to Federal Advisory Conmittees.
.06 The Office of the Federal Register is responsible for publishing notices of certain advisory canmittee activities. These include notices of establishments, renewals, and meetings. The Federal Register is normally published five times a week.
.07 The Library of Congress serves as a depository for Federal advisory committee documents for public inspection and use.
For committee management purposes, the following shall apply: "Committee" - A body of people established with collective responsibility to a designated Federal official or officials for the purpose of considering, investigating, recomending on, coordinating, or otherwise dealing with specified matters, as directed, that are of concern to one or more Federal agencies. The characteristic which distinguishes a conmittee from other prescribed bodies of people is its collective responsibility shared equally by members acting as a body (and excepting the role or additional special responsibilities of the group's chairperson). Any group that meets this definition is a conmittee regardless of designation, e.g., board, camission, council, panel, conference, task force, subcommittee, etc. (The term does not include groups formed or otherwise assembled solely to exchange or report information, discuss problems, or otherwise coumunicate so as to better coordinate the separate but related responsibilities of the participants.)
"Advisory committee" - A canmittee or any subconnittee or sub-group
"Presidential advisory committee" - An advisory camittee which is established by or advises the President and which has been so designated by the General Services Administration.
"Interagency connittee" - A camittee composed solely of representatives of Federal agencies.
"Department committee" - A conmittee composed of representatives of two or more of the principal organizational elements of the Department, or a committee serving a Department-wide purpose and composed solely of Commerce officers or employees appointed to the committee in an individual capacity (and not as representatives of their respective organizations).
"Act" - The Federal Advisory Committee Act, or FACA, for which the correct legal citation is as follows: 5 U.S.C. App. (1976).
SECTION E. FUNCTIONS OF COMMITTEES.
Canvittees shall generally be used only when a consensus is desired regarding a specific subject or subjects, i.e., only to advise. No operational functions shall be assigned to any advisory committee unless specifically authorized or directed by statute or by Presidential action. .
SECTION F. COMMITTEE INFORMATION.
In keeping with the primary thrust and specific provisions of the Freedom of Information Act, Government in the Sunshine Act, and the public accessibility goals of the FACA, general information and records on committees of the Department shall nommally be made readily available in response to public requests. The provisions of Department Administrative Order 205-12 shall apply to such requests.
SECTION G. SUBCOMMITTEES.
Subcommittees must be authorized and must be controlled. They are subject to the same policies, restraints, and requirements as parent committees. Any proposed subcamittee which would have a member who is not on the parent canmittee must be separately established as an individual committee. Subcanmittees can not be used to circumvent requirements or responsibilities of the parent committee.
SECTION H. POLICY ON MATTERS UNDER A COMMITTEE'S CONSIDERATION.
This Department is represented on a variety of interagency and advisory committees, task forces, and similar bodies which from time to time, consider either pending legislation or reconendations for legislation. When this occurs, it is imperative that the Office of the General Counsel be notified and/or consulted, to insure that the Department's policy interests are both accurately reflected in the deliberations and preserved (or reserved) in whatever conclusions or recommendations issued from those deliberations.
... All personnel who are or who may become departmental representatives on
interagency groups should be aware of the importance of such coordination and are urged to establish liaison with the Assistant General Counsel for Legislation, for this purpose.
SECTION I. SAVING PROVISION.
In event of any conflict between the provisions of this part I which treats all committees in general and the provisions of Parts II, III, or IV which treat individual kinds of committees, the provisions of the latter shall prevail.
This Order provides policies, procedures, and guidance for the creation, operation, control, and termination of committees by the Department, and authorizes for this purpose the issuance and maintenance of a Department of Canmerce Camittee Management Handbook.
SECTION 2. AUTHORITY.
This Order is in compliance with and pursuant to:
a. The Federal Advisory Committee Act (5 U.S.C. App.) as amended by the Government in the Sunshine Act (P.L. 94-409);
b. The authority vested in the Secretary of Canmerce by Reorganization
d. Relevant guidance and interpretation as may be issued by the Department of Justice and through court decisions.
-that committees shall be used or proposed for establishment only when there is a need for a consensus of expert opinion and it is believed that a camittee will make a significant contribution to the programs or objectives of the Department;
-that committees involve an expenditure of resources and therefore shall be controlled;
-that committees shall have balanced membership, not only in terms of points of view represented and the functions to be performed, but also in terms of minority, female, and consumer representation; and
-that committees shall be continued only as long as they are both needed and productive, and shall be promptly terminated when they are either no longer needed or no longer productive.