SECTION D. EXPLANATION OF TERMS.

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, recommending 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 committee 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 committee regardless of designation, e.g., board, commission, 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 communicate so as to better coordinate the separate but related responsibilities of the participants.)

"Advisory committee" A committee or any subcommittee or sub-group
thereof which is established by statute or reorganization plan, or
established or utilized by the President, or established or
utilized by one or more Federal agencies in the interest of obtain-
ing advice or recommendations for the President or for one or more
Federal agencies or officers, and which has among its members one
or more persons who is not a full-time Federal officer or employee.
"Presidential advisory committee" - An advisory committee which is
established by or advises the President and which has been so
designated by the General Services Administration.

"Interagency committee" A committee composed solely of
representatives of Federal agencies.

"Department committee"

A committee 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

Committees 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 normally 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 subcommittee which would have a member who is not on the parent committee must be separately established as an individual committee. Subcommittees 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 recommendations 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 1. 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 Commerce Committee Management Handbook.

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 Commerce by Reorganization Plan No. 5 of 1950 and other law;

C. OMB Circular A-63 Revised, "Advisory Committee Management," dated
March 27, 1974, and other pertinent Executive Branch issuances; and

d. Relevant guidance and interpretation as may be issued by the Department of Justice and through court decisions.

SECTION 3. POLICIES.

.01 The basic policies of the Department are:

-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 committee 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.

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APPENDIX I-A

.02 The implementing policies pertinent to the application of this Order, to certain kinds of committees, and to administrative matters are set forth in the Handbook.

SECTION 4. SCOPE AND APPLICATION.

.01 This Order covers advisory committees, interagency committees, and Department committees, as defined in Part I of the Committee Management Handbook, and includes those committees placed under Departmental responsibility by Executive Office issuances or otherwise. It also applies to any proposal for Departmental establishment or use of such committees. .02 This Order applies to all officers, employees, and organizations of the Department.

.03 This Order does not apply to operating unit committees, i.e., committees comprised entirely of people from the same operating unit of the Department. (Heads of operating units may provide for the use and control of such committees within their respective units.)

SECTION 5. RESPONSIBILITIES.

.01 The Assistant Secretary for Administration. The Assistant Secretary for Administration shall be responsible for the overall committee management function within the Department and shall serve as the Advisory Committee Management Officer pursuant to Section 8. (b), P.L. 92-463, 5 U.S.C. App.

.02 Secretarial Officers, Heads of Operating Units, and Heads of Departmental Offices. Each Secretarial Officer, operating unit head, and Departmental office head is responsible for assuring compliance with the provisions of this Order and the Handbook in his or her respective organization, for designating a Committee Liaison Officer (with duties as prescribed in the Handbook) for the organization, and for the designation of a Committee Control Officer for each committee for which he or she is responsible.

.03 The Departmental Office of Organization and Management Systems (COMS) shall administer the provisions of the Handbook, initiate revisions required to maintain it current, and control its distribution. When not prohibited by law or by higher level directive, the Director, OOMS, is authorized to act on requests for exceptions to its procedural provisions. SECTION 6. THE HANDBOOK.

.01 The Department of Commerce Committee Management Handbook shall:

a.

Implement the provisions of all laws, Executive Branch issuances, and other authoritative directives or instructions pertinent to the use and control of committees.

APPENDIX I-A

b.

Prescribe and provide all necessary policies, procedures, responsibilities, criteria, reporting requirements, and other relevant information both mandatory and instructional.

.02 Description. The Handbook shall be printed on pre-punched paper for retention in 3-ring binders. It will be structured in four major parts: General; II - Advisory Committees; III Interagency Committees; and

I

IV - Department Committees, with appendices and selected exhibits.

.03 Issuance. The Director, OOMS shall develop and issue the Handbook, and any subsequent changes or additions, subject to the approval of the Assistant Secretary for Administration. Serial-numbered transmittal sheets will identify the material being issued, as well as other pertinent information needed by holders of the Handbook.

.04 Distribution. Handbook material will be distributed by COMS to a single point in each operating unit or Departmental office, in accordance with a distribution register which COMS maintains.

Committee Liaison Officers shall advise COMS of the actual number of copies needed in their organizations, and shall manage internal control over distribution. All unused Handbooks shall be returned to OOMS.

SECTION 7. EFFECT ON OTHER ORDERS.

This Order supersedes Department Administrative Order 201-2 of September 12, 1974.

USCOMM-DC-80-49114

Secretary of Commerce