Administrative Policy Guidance Format

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Department Organizational Orders (DAOs)

Department Administrative Orders (DAOs)

Section 1. Subject
Section 2. Purpose
Section 3. Scope of Coverage
Section 4. Policy
Section 5. Approval Authority
Section 6. Rescission/Effects On Other Guidance

SECTION 1. SUBJECT

Advisory Committees

SECTION 2. PURPOSE

This Instruction prescribes the policy to establish, operate and terminate ITA advisory committees and manage the ITA advisory committee program.

SECTION 3. SCOPE OF COVERAGE

This Instruction is applicable to all employees in the International Trade Administration (ITA).

SECTION 4. POLICY

.01 An advisory committee is a group established by statute, the President, or any agency official to obtain advice on issues or policies and has:

a. A set membership with a least one person who is not a full-time Federal employee;

b. A defined purpose to provide advice and recommendations to a Government agency on a particular subject;

c. An organization and structure (e.g. officers and staff); and

d. Meetings on a periodic basis.

.02 Discretionary advisory committees are managed within General Services Administration (GSA) established advisory committee ceilings for the Department of Commerce and are approved by the Secretary of Commerce.

.03 Nondiscretionary advisory committees (statutory or Presidential) are authorized or directed by law and do not require GSA approval to establish.

.04 Each advisory committee must have a Designated Federal Official (DFO) who:

a. Obtains Departmental administrative and security clearances before initiating committee membership appointment letters for the Secretary's signature;

b. Submits Notice of Determination to the Assistant General Counsel for Administration and the CFO and AS for Administration to close meetings to the public if the meetings(s) will be concerned with matters listed in subsection (c) of the Government in the Sunshine Act;

c. Publishes open and partially closed meeting notices in the Federal Register at least 15 days before the meeting date. Refer to Thru the Maze OOMS-29, "How to publish Notices in the Federal Register." (Federal Register notices of closed meetings are not required).;

d. Calls, attends, and adjourns committee meetings;

e. Approves agendas;

f. Keeps detailed minutes of advisory committee meetings;

g. Keeps the official file copy of committee correspondence and records for availability to the public;

h. Submits copies of committee reports for forwarding to the Library of Congress;

i. Submits proposals to establish, renew or reestablish an advisory committee;

j. Prepares letters of thanks for servicing on the committee to members whose terms expire, are not reappointed, resign from the committee and to all members upon termination of a committee;

k. Prepares submissions for reporting requirements which include:

1. Annual Comprehensive Review of Advisory committees;

2.-Report on Closed Meeting Activities of Advisory Committees;

3. Report to the Congress on the Disposition of Recommendations Made in a Presidential Advisory Committee's Report to the President.

.05 The ITA Committee Liaison Officer in the Office of Organization and Management Support:

a. Advises on procedures to establish, use and terminate advisory committees;

b. Reviews advisory committee proposals including establishments, renewals, reestablishments and Notices of Determination to Close Meetings to the Public; and

c. Coordinates committee reporting requirements for ITA.

.06 The Director, Office of Organization and Management Support, and the Chief Financial Officer and Director of Administration clear advisory committee correspondence to be signed by the Deputy Under Secretary and the Under Secretary for International Trade. This includes proposals to establish, renew and reestablish advisory committees and close meetings to the public.

.07 The Assistant Secretaries submit proposals to the Deputy Under Secretary for International Trade and the Under Secretary for International Trade for their signature to establish, renew and reestablish advisory committees and close meetings to the public.

.08 Establish. The Secretary of Commerce approves the establishment of an advisory committee. A discretionary advisory committee requires GSA concurrence to establish. Advisory committees cannot meet or take any action without a current approved charter that has been filed with the appropriate Congressional committees. A discretionary advisory committee that has expired may be reestablished with the approval of the Secretary of Commerce and GSA's concurrence.

.09 Renew/Recharter. Renewal/Recharter proposals are prepared for the signature of the Deputy Under Secretary for International Trade. The charter is signed by the Chief Financial Officer and Assistant Secretary for Administration. Renewal/recharter proposals are due to the Chief Financial Officer and Assistant Secretary for Administration at least three months in advance of the expiration date of the charter to allow time for the Office of the General Counsel and other Departmental clearances.

.10 Expire/Terminate. Discretionary advisory committees expire two years from the date the committee was chartered unless continued by rechartering for an additional two years. Nondiscretionary advisory committees expire on the date specified in the establishing document not the date the charter expires unless both dates are the same. Nondiscretionary advisory committees cannot meet or take any action if the charter has expired.

.11 Subcommittees of Advisory Committees must comply with the Federal Advisory Committee Act, but requirements for establishing, chartering and membership appointment do not apply if:

a. All subcommittee members are members of the parent committee;

b. The parent committee's charter authorizes subcommittees; and

c. The subcommittee establishment is approved by the official designated in the parent committee charter.

12. Record keeping. DFOs keep the records and reports required by the DOC Committee Management Handbook which include the official file of correspondence for the prescribed retention period as outlined in the ITA Records Control Schedule.

SECTION 5. APPROVAL AUTHORITY

Director, Office of Organization and Management Support

SECTION 6. RESCISSION/EFFECTS ON OTHER GUIDANCE

.01 This Instruction supersedes ITA Administrative Instruction 6-1 of December 31, 1996 and supplements:

a. Department of Commerce Administrative Order (DAO) 201-2, Committee Management

b. The Federal Advisory Committee Act (FACA) of 1972

c. FACA amendments of 1997

d. 2001 FACA Final Rule

e. Executive Orders 12024 and 12838

.02 Other related laws, circulars and issuances:

a. Circular A-135

b. Government in the Sunshine Act

c. Privacy Act

d. Section 204