with all data as of December 31, 1979, had to be submitted to General Services Administration by mid-January 1980.) The information to be reported is all factual and should be readily available from the files of the individual Committee Control Officers. A sample completed report is printed at Exhibit II-7 for the guidance of all Committee Liaison Officers and Committee Control Officers. .02 Annual Comprehensive Review. This report is also required by law. Each agency head shall conduct an annual comprehensive review of the responsibilities and activities of each advisory committee for which he or she is responsible in order to determine if: a. b. it is carrying out its purpose; the responsibilities assigned to it should be revised consistent with the provisions of applicable statutes; c. it should be merged with other advisory committees; or d. it should be abolished. The evaluation factors and reporting instructions are set forth in OMB Circular A-63, Transmittal Memorandum No. 5, at Appendix II-C. The report shall be submitted to the Assistant Secretary for Administration no later than April 1 each year. A sample report is at Exhibit II-8. .03 Annual Report on Closed Meeting Activities. Section 10(d) of the FACA requires that each committee which held a closed or partially closed meeting during the year issue a report of the activities which took place behind the closed doors. This report shall be prepared as explained in Appendix II-G. It shall be submitted to the Assistant Secretary for Administration no later than May 20 of the succeeding calendar year. COMS announces the public availability of this report in the Federal Register within one week of its filing with the Library of Congress. .04 Quarterly Membership/Composition Report. a. The self-explanatory format for this intradepartmental requirement is at Exhibit II-9. The purpose of this report is to provide department management with information on advisory committee membership. b. All operating units and Departmental offices shall submit this report on each committee for which they are responsible. Submissions may be addressed to the Department's Committee Management Analyst. and reporting periods are as follows: The due dates (Note: Committee Liaison Officers should establish appropriate procedures with their Committee Control Officers to maintain continuing records of the required data and thus assure on-time submission of these reports.) .05 Committee-Issued Reports. Whatever their form or substance, public reports issued by individual committees (together with any related backgound papers prepared by consultants) shall be filed with the Library of Congress for public inspection and use, as required by Section 13 of the FACA. This requirement does not pertain either to minutes of meetings or to any of the other reviews or reports that are covered in the preceding paragraphs of this Section. These submissions to the Library of Congress shall be made within 10 days of the date the original is delivered to the appropriate Commerce official. a. The transmittal shall be addressed as shown below. Eight copies of the report shall be provided. One information copy of the transmittal and report shall concurrently be forwarded to COMS, and another to the Office of Public Affairs. Further distribution may be made as desired. b. Federal Advisory Committee Desk Federal Documents Section Exchange and Gift Division Library of Congress Washington, D.C. 20540 (or STOP 303) Unless the head of the operating unit or office prescribes otherwise, this statutory filing of committee-issued reports shall be a responsibility of the Committee Control Officer. .06 Special Requirements re Presidential Committees. Section 6(b) of the FACA imposes a special requirement on any Presidential advisory committee under the Department's purview. (See "Delegation of Functions Regarding Presidential Advisory Committees" at Appendix II-H.) Specifically: Within one year after a Presidential advisory committee has Unless otherwise prescribed by law or Presidential directive, it shall be the responsibility of the head of the operating unit to prepare these reports for transmittal to GSA. In each case, the provisions of DAO 218–1, "Legislative Activities" shall apply. These reports shall be forwarded to CCMS' Information Management Division along with the transmittal addressed to the Administrator, General Services, for Assistant Secretary for Administration signature. CCMS shall be responsible for transmitting these reports to GSA. * The Administrator, General Services has been delegated this responsibility. .07 Availability and Disposition of Reports. A copy of the Department's reports under paragraphs .01, .02, and .03 of this Section shall be maintained in COMS, and copies of reports dealing with their respective committees shall be kept by the Committee Liaison Officer and the Committee Control Officer. Copies of the Report on Closed Meeting Activities, per paragraph .03, shall be filed with the Library of Congress and the Department's Central Reference and Records Inspection Facility by COMS, and the public availability thereof will be announced in the Federal Register by COMS. Ultimate disposition of all these reports shall comply with approved Records Control Schedules. Chapter 5 PART II Pay and Expenses for Members and Staff SECTION A. POLICY BACKGROUND. a. When extending invitations to individuals to serve as members of Commerce advisory committees, it should be explained that it is the policy of the Department not to pay members for their services. The invitation represents an opportunity for the addressee to render a public service in an advisory capacity on a matter in which the individual is considered to be a specialist or an authority. For a few specific committees established by law, the authorizing statute prescribes pay and/or expense arrangements. Also, if a committee member is determined to be serving in an employeremployee relationship, that member may be entitled to pay. (See Section C, below.) b. With respect to expenses, it is the policy of the Department to provide travel and per diem if requested by the member. It is suggested that this provision be made especially clear to persons who are invited to serve as consumer representatives on Commerce committees. SECTION B. AUTHORITY. See Section 11 of OMB Circular A-63 (at Appendix II-C) as amended: SECTION C. PAY FOR COMMITTEE MEMBERS. .01 Eligibility. Pay will be provided the members of an advisory committee if authorized by the committee's establishing statute, Executive Order, or charter, or, in same circumstances, if service is in an employer-employee relationship. .02 Determination. a. In determining an appropriate rate of pay, consideration shall be given to the significance, scope, and technical complexity of the committee's purpose and to the qualifications required of the members. The rate must be established by or cleared with the operating unit Personnel Officer. b. A committee member whose service is rendered under the employeremployee relationship as explained in Section 5 of DAO 202-304, "Experts, Consultants, and Advisers," may be compensated at a rate of pay not to exceed that fixed for the position in accordance with law by the appropriate Personnel Officer. .03 Amount. For any one committee, members' pay if authorized but not specified shall not be higher than the daily equivalent of the maximum salary rate for GS-15, unless the Secretary of Commerce personally determines that a higher rate is both justified and necessary. In the latter event, the determination must be personally reviewed and reauthorized by the Secretary annually. SECTION D. PAY FOR STAFF MEMBERS. .01 Eligibility. A member of the staff of an advisory committee is entitled to the rate of pay fixed pursuant to law for that official position. Employees whose regular duties include service as a staff member of a committee, or who are detailed temporarily to serve as a committee staff member, are entitled to the pay of their regular (official) positions. .02 Amount. No committee staff position may be established exclusively for such purpose with a rate of pay exceeding the daily equivalent of the maximum rate for GS-15 unless the Assistant Secretary for Administration determines, under the applicable job classification system, that a higher rate would be appropriate. Such determination must be submitted to and reviewed and reauthorized by the Assistant Secretary annually. SECTION E. PAY FOR CONSULTANTS TO A COMMITTEE. The appropriate operating unit Personnel Officer shall fix the pay of a consultant to an advisory committee after giving consideration to the qualifications required of the consultant and to the significance, scope, and technical complexity of the work. The rate of pay shall not exceed the maximum rate of pay which the Department is authorized by law to pay (See DAO 202-304, "Experts, Consultants, and Advisers"). SECTION F. REIMBURSABLE TRAVEL EXPENSES. The members and staff of a committee will, upon request, be allowed travel expenses while engaged in the performance of their duties away from their homes or regular places of business, including per diem or actual expenses, as authorized by 5 U.S.C. 5701 et. seq. and applicable Federal travel regulations. SECTION G. GRATUITOUS SERVICES. Pursuant to the provisions of OMB Circular A-63, nothing in this directive shall prevent an operating unit or Departmental office from accepting the gratuitous services of a member or staff member of a committee. The fact that a member provides gratuitous services does not mean that: an "employer-employee relationship" will never exist; or that restrictions, such as the conflict of interest laws, will never apply. For further discussion of the "employer-employee relationship" and |