SECTION 1. PURPOSE.
.01 This Order prescribes the authority and functions of the Chief Financial Officer and Assistant Secretary for Administration (the Assistant Secretary), and provides for the organizational structure of the office.
.02 This revision:
a. establishes the positions of Deputy Assistant Secretary for Resource Management, Director for Program Evaluation and Risk Management, Chief Privacy Officer and Director of Open Government, and Executive Director of the CommerceConnect program;
b. retitles the position of Director for Financial Management to Director for Financial Management and Deputy Chief Financial Officer;
c. abolishes the positions of Director for Management and Organization and Director for Executive Budgeting and Assistance Management;
d. assigns responsibility for establishing and administering program evaluation and risk management policies and procedures, conducting audit follow-up, serving as Government Accountability Office liaison, and overseeing nonfinancial internal control activities under the Federal Managers' Financial Integrity Act to the new Director for Program Evaluation and Risk Management;
e. assigns responsibility for administering the Freedom of Information Act, Privacy Act, and Federal Advisory Committee Act; managing the Department's directives program; and implementing the principles of open and transparent government to the new Chief Privacy Officer and Director of Open Government;
f. assigns responsibility for financial assistance administrative and operational policies to the Director for Acquisition Management;
g. assigns responsibility for travel and relocation management and services to the Director for Administrative Services;
i. assigns responsibility for budget formulation and review for the Office of the Secretary to the retitled Director for Financial Management and Deputy Chief Financial Officer;
j. transfers responsibility for records and forms management to the Chief Information Officer; and
k. updates reporting lines of authority.
SECTION 2. ADMINISTRATIVE DESIGNATION.
.01 The position of Assistant Secretary of Commerce established by Public Law (P.L.) 83-471 § 304, July 2, 1954, 68 Stat. 430 (15 USC §1506) shall continue to be designated the Assistant Secretary. The Assistant Secretary is appointed by the President, by and with the advice and consent of the Senate; and shall report and be responsible to the Secretary of Commerce (the Secretary).
.02 The Assistant Secretary shall be assisted by a Deputy Assistant Secretary for Administration, a Deputy Assistant Secretary for Resource Management, a Director for Financial Management and Deputy Chief Financial Officer, and an Executive Director of CommerceConnect. The DAS for Administration shall be the principal assistant to the Assistant Secretary, and shall act as the Assistant Secretary during the latter's absence.
SECTION 3. DELEGATION OF AUTHORITY.
.01 Pursuant to the authority vested in the Secretary by law, and subject to such policies and directives as the Secretary may prescribe, the Assistant Secretary is hereby delegated the authority of the Secretary on all administrative management matters of the Department. This delegation shall include the conduct of all administrative management functions required in the overall management of the Department; the performance of functions related to the position of Chief Financial Officer (CFO) as required by the CFO Act of 1991; and the provision of administrative management services directly to the Office of the Secretary and, as may be determined, to all or some organizational units of the Department, or to other governmental organizations for which the Secretary may be assigned responsibility.
.02 Within the broad scope of the administrative and financial management authorities delegated in paragraph .01, above, the Assistant Secretary shall also:
a. Serve as the Department's CFO, directing, managing, and providing policy guidance and oversight of all agency financial management personnel, activities and operations.
b. Coordinate Department-wide the preparation of national emergency plans and the development of preparedness programs required by Executive Order (EO) 12656 and Federal Preparedness Circular No. 10; and serve as the Department's Emergency Coordinator, as required by EO 12656.
c. Carry out the Secretary's responsibilities under Title VI of the Civil Rights Act of 1964, the Equal Employment Opportunity Act of 1972, and all applicable statutes, EOs, and regulatory provisions. The Assistant Secretary is designated as the Director of Equal Employment Opportunity for the Department and shall, without power of redelegation:
1. designate operating unit Equal Employment Opportunity Officers, based on recommendations from heads of operating units and the approval of affected Secretarial Officers; and
2. designate the Equal Employment Opportunity Officer for the Office of the Secretary.
d. Carry out the Secretary's responsibilities under the Federal Advisory Committee Act (5 U.S.C. Appendix), the Privacy Act (5 U.S.C.§ 552a), and implementing directives of the General Services Administration (GSA) and OMB.
e. Carry out the Secretary's responsibilities regarding gifts and bequests under 15 U.S.C. §§ 1522-1524 (P.L. 88-611).
f. Act as Grants Officer for the Department, and exercise signature authority to award grants and cooperative agreements in consideration of recommendations made by Commerce program officials and taking into account administrative factors regarding each proposed award of financial assistance.
h. Carry out the Secretary's responsibilities under the Freedom of Information Act (5 U.S.C.§ 552) subject to any limitations, policies, or directives from the Secretary.
i. Appoint, employ, and establish policies and programs for the employment and management of such personnel as the Department is authorized by law and regulations.
j. Carry out the Secretary's responsibilities under Titles VI and VII of the Public Works and Economic Development Act of 1965, as amended (P.L. 89-136, 42 U.S.C.§ 3201 et seq.), regarding the administration of all remaining activities of the Regional Commissions established under Title V of the Act.
k. Perform the responsibilities of the Secretary under 31 U.S.C. §3325(a) regarding the certification of vouchers for disbursement of government funds, as further defined in the Secretary's memorandum of February 6, 1984, to the Assistant Secretary.
l. Carry out the Secretary's responsibilities for protecting the Department's assets, operations, and personnel.
m. Carry out the Secretary's responsibilities for granting easements and other rights of access to real property under 30 U.S.C.§§ 351-359, ensuring that each document granting an easement or consenting to the lease of mineral rights is approved by the General Counsel prior to execution by the Department in accordance with DAO 216-11.
n. Carry out the Secretary's responsibilities under the Competition in Contracting Act (part of P.L. 98-369).
o. Serve as "agency head" under the authorities in 5 U.S.C. Chapter 57 regarding official travel, transportation, and subsistence of Department employees and other individuals traveling on official business for the Department.
p. Carry out the Secretary's responsibilities regarding special studies, reports, technical information, and other related functions under 15 U.S.C. §§ 1525-1527 (P.L. 91-412).
q. Ensure Department compliance with the provisions of the Federal Managers' Financial Integrity Act of 1982 (P.L. 97-255) and act as the designated senior official for the implementation of OMB Circular A-123, "Management's Responsibility for Internal Control," and OMB Circular A-127, "Financial Management Systems."
r. Serve as "agency head" under the authorities in 41 U.S.C. Chapter 4, and 48 CFR Chapter 1, regarding purchases and contracts for property or services, and other procurement-related authorities for the Secretary; and under the authorities in 5 U.S.C. Chapter 71 and 22 U.S.C. Chapter 41 regarding review of collective bargaining agreements.
s. Serve as the "designated official" to strengthen environmental, energy, and transportation management under E.O. 13423; serve as the "senior sustainability officer" to demonstrate leadership in environmental, energy and economic performance under E.O. 13514; and related initiatives.
.03 Subject to applicable laws and regulations, the Assistant Secretary may, unless specifically prohibited in this Section, redelegate his or her authorities to any officer or employee of the Department subject to such conditions in the exercise of that authority as the Assistant Secretary may prescribe.
SECTION 4. RESPONSIBILITIES OF THE ASSISTANT SECRETARY.
.01 The Assistant Secretary shall serve as the principal adviser to the Secretary and Deputy Secretary on administrative management, and shall:
a. Develop and issue policies, standards, and procedures for administrative functions throughout the Department and provide functional appraisal and supervision in the conduct of administrative functions by organizational units.
b. Provide administrative services required by the Office of the Secretary and, as determined by the Secretary or by agreement (e.g., between the Assistant Secretary and a Secretarial Officer), provide particular administrative services to specified organizational units of the Department or to other governmental organizations.
c. Develop and administer the personnel management policies and programs of the Department, including the direction, administration, and processing of all matters involving personnel, payroll, and occupational safety and health.
d. Conduct activities to ensure equal employment opportunity in the Department, including affirmative action for employees and job applicants, and to ensure nondiscrimination in federally-assisted programs, activities, and projects.
e. Develop and implement policies, standards, and procedures for the administration of financial assistance programs of the Department, and conduct financial assistance functions for the Office of the Secretary and operating units.
f. Provide primary procurement support for offices located in the Washington Metropolitan area, excluding the National Oceanic and Atmospheric Administration (NOAA), National Institute of Standards and Technology (NIST), United States Patent and Trademark Office (USPTO), and the Bureau of the Census; and provide senior-level procurement support for operating units responsible for the acquisition of major systems of sufficient cost, size, complexity, or importance to Department goals to warrant centralized procurement support.
g. Manage the HCHB except for telecommunications/network, cabling and services, which are the responsibility of the Office of the Chief Information Officer.
h. Ensure a high state of Department planning and readiness for responding to national emergencies and major disasters.
i. Manage the Department's programs for safeguarding national security information (EO 13526), personnel security (EOs 10450 and 12968), national industrial security (EOs 10865 and 12829, as amended), physical facility security (as dictated by Presidential directive of June 28, 1995, 41 CFR Chapter 101 and 40 U.S.C. ' 601-615), and other programs for protecting the Department=s assets, operations, and personnel.
j. Provide publication and printing services (e.g., micropublishing, design, graphics, editing, and distribution), mail, messenger, and distribution services.
k. Provide for the Department hearing required to be determined on the record under Section 5 of the Administrative Procedure Act (5 U.S.C. ' 554).
l. Grant, in consultation with the General Counsel, easements and other rights of access affecting real property of the United States that is controlled or administered by the Department.
m. Establish policy and procedures for implementing the Competition in Contracting Act (part of P.L. 98-369).
n. Provide coordination and liaison with OMB, the Department of the Treasury, the Office of Personnel Management, GSA, the Government Accountability Office (GAO), the House Operations Committee, the Joint Committee on Printing, and the Government Printing Office on administrative matters.
o. Coordinate administrative management matters with other departments and agencies, and represent the Department on related matters with public or private groups.
p. Ensure Department compliance with laws and regulations regarding environmental compliance, pollution management standards, including associated policy development, oversight, prevention, control, and abatement.
q. Provide advice, planning, liaison, and other support to the Secretary, Deputy Secretary, and senior-level Department officials on matters affecting Schedule C and non-career executive positions.
r. Ensure, in conjunction with the Office of General Counsel, Department compliance with the Drug-Free Work Place Act (P.L. 100-690) and the procurement integrity provisions of the Office of Federal Procurement Policy Act Amendments of 1988 (P.L. 100-679).
s. Serve as the CFO and exercise the duties and responsibilities set forth in the CFO Act of 1990; and the Government Management Reform Act of 1994 (P.L. 103-356), which include certain provisions related to agencies' audited financial statements.
t. Establish policies and procedures for the development and operation of financial management systems.
u. Provide direction, formulation, analysis, coordination, and implementation of the Department's financial management policies and procedures, including oversight of debt collection and cash management activities.
v. Develop, implement, and improve management structures, tools, and practices to achieve the highest degree of management efficiency, operational effectiveness, and economy, and to limit the opportunity for fraud and mismanagement.
w. Manage the Department's directives system.
x. In collaboration with the General Counsel, interpret Presidential directives regarding program planning, management control, environmental compliance and operational evaluation, and initiate appropriate actions.
y. Plan, budget, and manage financial resources to ensure optimum use of funds in carrying out programs of the Department, including compliance with the Budget and Accounting Procedures Act of 1950.
z. Implement the principles of transparency and open government as set forth in the Presidential memorandum of January 21, 2010 and OMB memorandum number M-10-06, "Open Government Directive."
aa. Provide a program evaluation and risk management program to assist in maximizing the efficiency and effectiveness with which the Department=s programs and functions operate.
bb. Advise on matters relating to compliance with the Privacy Act of 1974, Federal Information Security Management Act of 1974 provisions relating to privacy, and E-Government Act of 2002.
cc. Ensure, as audit follow-up official under OMB Circular A-50, timely resolution and corrective action on OIG and GAO audit reports, and prepare management reports prescribed by the Inspector General Act Amendments of 1988 (P.L. 100-504).
dd. Establish policies and procedures for the development and operation of Department-wide internal control systems.
ee. Provide central liaison for the Department with the Budget Committees and Appropriations Committees of the Congress.
ff. Ensure compliance with the Government Performance and Results Act of 1993 (P.L. 103-62).
gg. Administer, on behalf of the Secretary, the agency head review of collective bargaining agreements required by 5 U.S.C. ' 7114(c)(2) and 22 U.S.C.§4113(f)(1).
hh. Serve as Co-Chair of the Commerce Information Technology Review Board.
.02 The Deputy Assistant Secretary for Administration has Department-wide oversight responsibility for various administrative functions, including acquisition and financial assistance management, human resources management, equal employment opportunity and nondiscrimination, internal security, and facilities management. The following officials shall report and be responsible to the Deputy Assistant Secretary for Administration and the Assistant Secretary in the performance of the responsibilities in this section:
a. The Director for Human Resources Management shall have Department-wide responsibility for the development and implementation of strategic management of human capital; for ensuring that the Department=s Strategic Management of Human Capital Initiative fosters high-performing organizations aligned with the Department's Strategic Plan; and for the development, administration, and evaluation of human resources policies and programs, for payroll activities, and for the automated systems requirements for these functions, and the Department's occupational safety and health program; and shall serve as the designated Agency Safety and Health Official. (DOO 20-8)
b. The Director for Civil Rights shall be advisor to the Assistant Secretary regarding Department responsibilities under Title VI of the Civil Rights Act of 1964; Title VII of the Civil Rights Act of 1964, as amended by the Equal Employment Act of 1972; Title IX of the Education Amendments of 1972; Sections 501 and 504 of the Rehabilitation Act of 1973; the Age Discrimination Act of 1967, as amended; Section 310 of the Civil Service Reform Act of 1978 (5 U.S.C. ' 7201); E.O.s 11764, 11914, 11948 and all other statutes; E.O.s, and regulatory provisions relating to equal employment opportunity, nondiscrimination, and civil rights. (DOO 20-10)
c. The Director for Administrative Services shall be responsible for the development of Department-wide policy, oversight, and any management systems for personal property, real property, travel, printing, publishing, graphics, and mail; providing personal property, travel management, printing, publishing, graphics, and mail services within the HCHB; serving as liaison with GSA on all government-wide real property, personal property, and travel programs; coordinating the approval of prospectus level construction and lease-related acquisitions nation-wide; managing the HCHB in accordance with the Building Delegation Agreement with GSA, except for telephone and cabling services; serving as the Senior Real Property Officer for the Department in accordance with E.O. 13327, as amended; overseeing energy and environmental conservation programs; and serving as liaison with the Joint Committee on Printing and the Government Printing Office. (DOO 20-1)
d. The Director for Acquisition Management shall serve as the Procurement Executive for the Department in accordance with E.O. 12931; establish Department-wide procurement policies, regulations, and procedures; provide a full range of procurement services to elements of the Department, including procurement actions under OMB Circular A-76; implement the requirements of the Competition in Contracting Act (P.L. 98-369), and other applicable statutes, regulations, and directives related to procurement; serve as a member of the Civilian Agency Acquisition Council; conduct oversight reviews of procurement activities within the Department; establish requirements for, manage, and report on the Department's procurement system; represent the Department in all external procurement policy matters; provide primary operational procurement support for offices located within the Washington Metropolitan area, excluding NOAA, NIST, USPTO, and the Bureau of the Census; promote acquisition planning; conduct Department-wide procurement for common resource requirements; and develop and implement financial assistance administrative and operational policies for the Department. (DOO 20-26)
e. The Director for Security shall develop and manage the centralized Departmental security program and establish policies and procedures for: personnel security; the safeguarding of classified and sensitive documents and information; the protection of Departmental personnel, facilities, and property; the maintenance of a Departmental "Occupant Emergency Program" and Department-wide emergency preparedness program; the Department=s liaison with agencies of federal, state, and local governments in security, executive protection, and intelligence matters; and the conduct of administrative investigations under the authorities, functions, and responsibilities of the Office of Security. (DOO 20-6)
f. The Chief Privacy Officer and Director of Open Government shall exercise primary policy responsibility for privacy and data protection for the Department; establish and oversee implementation of privacy policies, procedures and guidance; serve as the key advisor on the implementation of and compliance with the Privacy Act of 1974, Federal Information Security Management Act provisions on privacy, E-Government Act of 2002, Freedom of Information Act, and Federal Advisory Committee Act; oversee Department-wide implementation of the principles of transparency and open government; and administer the Department's directives management program. (DOO 20-31)
.03 The Deputy Assistant Secretary for Resource Management has Department-wide oversight responsibility for various administrative functions, including budget formulation and execution, strategic planning and performance measurement under the Government Performance and Results Act, risk management, and program evaluation. The following officials shall report and be responsible to the Deputy Assistant Secretary for Resource Management and to the Assistant Secretary in the performance of the responsibilities in this section:
a. The Director for Budget shall be the principal advisor to, and representative of, the Assistant Secretary for budget, strategic planning, and program financial monitoring and evaluation matters, and shall serve as advisor to other Department officials with respect to these matters. (DOO 20-3)
b. The Director for Program Evaluation and Risk Management shall develop and implement enterprise-wide risk management and program evaluation structures, systems and standards; establish strategies and processes for determining and managing risk; identify the need for, develop, advocate, and manage initiatives to reduce risk; provide overall coordination, implementation and integration of risk management programs across the Department; coordinate nonfinancial internal control implementation and management in accordance with 31 U.S.C.§ 3512 and OMB Circular A-123; administer audit follow-up and GAO liaison activities as prescribed by OMB Circular A-50; and direct and undertake program evaluations to identify opportunities to enhance efficiency, effectiveness, and internal controls. (DOO 20-30)
.04 The Director for Financial Management and Deputy CFO shall report and be responsible to the Assistant Secretary. The Director for Financial Management and Deputy CFO shall have Department-wide responsibility for financial systems in concert with the Chief Information Officer, and financial management and accounting policy for the Office of the Secretary and designated operating units; shall formulate and review budget estimates for the Working Capital Fund, Departmental Management's Salaries and Expenses Appropriation, Advances and Reimbursements Account, and other Office of the Secretary resources; and shall serve as budget officer for the Office of the Secretary. In consultation with the Assistant Secretary, the Director for Financial Management and Deputy CFO shall serve as the supervisor of record for a critical element entitled "Financial Operations and Management," which focuses on support of Department- and government-wide goals, and accounts for 25 percent of the bureau CFOs' annual performance plan. (Financial issues internal to the bureau, and other administrative matters, remain the affirmative management responsibility of the bureau supervisor of record to the individual CFO.) (DOO 20-27)
.05 The Executive Director of CommerceConnect shall report and be responsible to the Assistant Secretary. The Executive Director shall be responsible for planning and managing CommerceConnect to focus on integrating programs and operating a virtual "one-stop shop" for information, counseling, and government services to help businesses with the full spectrum of their needs, e.g., accessing capital, protecting intellectual property, doing business overseas, and enhancing operational efficiency.
SECTION 5. OFFICE OF SMALL AND DISADVANTAGED BUSINESS UTILIZATION.
The Office of Small and Disadvantaged Business Utilization, a Departmental office, shall be headed by a Director who shall report and be responsible to the Deputy Secretary on matters of policy and legislative requirements; and to the Assistant Secretary and Deputy Assistant Secretary for Administration on administrative matters (e.g., budget, personnel, space, etc.). (DOO 15-9)
SECTION 6. ORGANIZATION STRUCTURE.
The organization structure of the Assistant Secretary shall be as depicted in the attached organization chart (Exhibit 1).
SECTION 7. EFFECT ON OTHER ORDERS.
This Order supersedes Department Organization Order 10-5, dated December 31, 2003.
Signed by: Secretary of Commerce