CHARTER OF THE

1. ESTABLISHMENT

The Industry Sector Advisory Committee on Small and Minority Business for Trade Policy Matters (the Committee) was established on March 21, 1980, and extended on March 11, 1982, March 6, 1984, March 7, 1986, March 8, 1988,
March 8, 1990, March 8, 1992, March 1, 1994, March 1, 1996, March 20, 1998, and March 17, 2000, by the Secretary of Commerce (the Secretary) and the United States Trade Representative (the USTR) pursuant to the authority delegated under Executive Order 11846 of March 27, 1975, as an advisory committee established under Subsection 135(c)(2) of the Trade Act of 1974 (Public Law 93-618), as amended by Section 1103 of the Trade Agreements Act of 1979 (Public Law 96-39), and Section 1631 of the Omnibus Trade and Competitiveness Act of 1988 (Public Law 100-418, 102 Stat. 1107 (1988)). In establishing the Committee, the Secretary and the USTR consulted with interested private organizations and took into account the factors set forth in Subsection 135(c)(2)(B) of the Trade Act of 1974. In accordance with the provisions of the Trade Act of 1974, as amended, and the Federal Advisory Committee Act, 5 U.S.C. App. 2, and 41 CFR Subpart 101-6.1001, Federal Advisory Committee Management Rule, the Committee is rechartered.

2. MEMBERS AND COMMITTEE OFFICERS

The Committee consists of approximately 35 members from the small and minority business sector. Members shall be appointed by the Secretary and the USTR and shall serve from the date of appointment to the Committee until the date of expiration of this charter. They will be selected on a clear, standardized basis, in accordance with applicable Department of Commerce guidance. Members of the Committee will be selected who will best carry out the objectives of the Committee as set forth in Section 3. Secondary selection criteria are ensuring that the Committee is balanced in terms of points of view, demographics, geography, and company size. The Secretary and the USTR may, at their discretion, extend the term of an individual member, upon renewing this charter provided that the member proves to work effectively in the Committee and his/her expertise is still needed. Members serve at the discretion of the Secretary and the USTR.

The Committee chair and vice chair or vice chairs, as appropriate, are elected from the membership by the members for a period not to exceed the duration of this charter and may be reelected for one or more additional periods should the charter of the Committee be renewed.

The members, all of whom come from the private sector, will serve in a representative capacity presenting the views and interests of a U.S. business in the small and minority business sector; they are, therefore, not Special Government Employees. Members participating in Committee meetings and events will be responsible for their travel, living, and other personal expenses. They will not receive per diem reimbursement.

Members of the Committee will select one member, or in exceptional instances two members, to serve on each Industry Functional Advisory Committee (IFAC), in order to represent the interests and concerns of the industry sector. The selected member(s) will serve for a period not to exceed the duration of the IFAC charter and may be reselected for one or more additional periods should that charter be renewed.

3. OBJECTIVES AND DUTIES

The Committee shall perform such functions and duties and prepare reports, as required by Section 135 of the Trade Act of 1974, as amended, with respect to the sector and functional advisory committees.

The Committee advises the Secretary and the USTR concerning the trade matters referred to in Sections 101, 102, and 124 of the Trade Act of 1974, as amended; with respect to the operation of any trade agreement once entered into; and with respect to other matters arising in connection with the development, implementation, and administration of the trade policy of the United States including those matters referred to in Reorganization Plan Number 3 of 1979 and Executive Order 12188, and the priorities for actions thereunder.

In particular, the Committee provides detailed policy and technical advice, information, and recommendations to the Secretary and the USTR regarding trade barriers and implementation of trade agreements negotiated under Sections 101 or 102 of the Trade Act of 1974, as amended, and Sections 1102 and 1103 of the 1988 Trade Act, which affect the products of its sector; and performs such other advisory functions relevant to U.S. trade policy as may be requested by the Secretary and the USTR or their designees.

4. ADMINISTRATIVE PROVISIONS

a. The Committee reports to the Secretary and the USTR, or their designees, through the Commerce Under Secretary for International Trade and the Assistant Secretary for Trade Development (the Assistant Secretary), and USTR's Assistant U.S. Trade Representative for Intergovernmental Affairs and Public Liaison (AUSTR).

b. The Committee meets at irregular intervals at the call of the Secretary and the USTR, or their designees, acting jointly.

c. The Assistant Secretary and the AUSTR or their designees, are responsible for prior approval of the agendas for all Committee meetings.

d. The Assistant Secretary provides staff support and services for the Committee.

e. Except as otherwise provided in this charter, the Department of Commerce is responsible for filings and other applicable statutory requirements of the Federal Advisory Committee Act. The USTR, or his designee, has responsibility for determinations made pursuant to Subsection 135(f) of the Trade Act of 1974, as amended.

f. The estimated annual operating cost of the Committee is $47,277.00 which includes 0.4 person-years of staff support.

g. The Committee functions solely as an advisory committee in accordance with the provisions of the Federal Advisory Committee Act, with the exceptions set forth in the Trade Act of 1974, as amended.

h. Members of the Committee will not be compensated for their services or reimbursed for travel expenses.

i. The Committee may establish subcommittees from among its members as may be necessary, subject to the approval of the Secretary and the USTR, or their designees, and the provisions of the Federal Advisory Committee Act and
Part II (Chapter II, Section F), of the Department of Commerce Committee Management Handbook.

j. The Commerce Trade Advisory Center will maintain all files mandated by the Federal Advisory Committee Act and Commerce's policies on advisory committee management.

5. DURATION

This charter shall expire two years from the date indicated below unless it is earlier revoked or extended by appropriate action.
 
 
 
 

_________________________________                _________________________________
Chief Financial Officer and                                         Assistant U.S. Trade Representative
Assistant Secretary for Administration                            for Intergovernmental Affairs and Public Liaison
U.S. Department of Commerce                                 Office of the U.S. Trade Representative
 
 

March 18, 2002
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