NAO 218-1

THE PREPARATION AND CLEARANCE OF CONGRESSIONAL TESTIMONY

Issued 07/27/90; Effective 06/25/90

SECTION 1. PURPOSE.

This Order sets forth policies, procedures and responsibilities for the timely preparation and clearance of Congressional testimony by National Oceanic and Atmospheric Administration (NOAA) officials and personnel. Compliance with this Order will provide a more effective clearance process, allow NOAA to meet established deadlines for submission of testimony to the Congress and Congressional committees, and encourage better rapport for NOAA officials and employees who testify.

SECTION 2. POLICIES/PROCEDURES/RESPONSIBILITIES.

.01 The NOAA Office of Legislative Affairs (OLA) is directly responsible for ensuring the timely preparation of testimony, except for:

a. appropriations testimony which is coordinated by the Office of the Comptroller, and

b. nomination hearings which are the responsibility of the Department of Commerce (DOC) Assistant Secretary for Legislative and Intergovernmental Affairs. All NOAA officials and employees are directed to comply promptly with any requests by OLA for drafts of testimony and related materials. OLA shall inform the Assistant Secretary for Oceans and Atmosphere immediately when deadlines are not met.

.02 Testimony.

a. All requests for witnesses from NOAA to testify at Congressional hearings must be referred to OLA immediately. No commitments for NOAA testimony will be made by Line or Staff Offices.

b. OLA will obtain details on the purpose of the hearing, background, scope of the hearing, potential witnesses, etc. This information will be provided in a one-page report ("gold sheet") to be distributed to the Office of the Under Secretary and Line/ Staff Offices.

c. OLA, after consultation with appropriate Line/Staff Offices, will recommend a NOAA witness or witnesses for the hearing. OLA will obtain approval of the Office of the Under Secretary and the DOC Assistant Secretary for Legislative and Intergovernmental Affairs before a witness is officially designated. OLA will advise the Congressional committee of the witness's name and title, and the names and titles of other officials who will accompany the witness.

d. OLA will formally assign responsibility for preparing testimony to a Line or Staff Office. Assignments generally will be made by the Congressional Affairs Specialist by telephone, and confirmed by memorandum from the OLA Director. The Staff/Line Office will advise OLA of a designated coordinator in each instance.

e. The deadline for completion of draft testimony will be established to allow maximum time for:

1. adequate NOAA review;

2. the review by DOC Offices of General Counsel, Budget, and Legislative and Intergovernmental Affairs, and other DOC bureaus as necessary;

3. Office of Management and Budget (OMB) and interagency review;

4. final review of the OMB changes by NOAA policy official(s), the Senior Counselor for Legislation and Environmental Legal Affairs in the Office of General Counsel, and the witness, and

5. the delivery to the Congressional committee by the requested date, which is usually 48 hours before the hearing.

f. Under normal circumstances, testimony will be required by OLA at least ten (10) working days before its scheduled delivery date, because testimony is due to DOC General Counsel seven (7) working days prior to the hearing. When less than two (2) weeks notice from the Committee is provided, deadlines which may be verbally communicated will be equally binding. The action office must report any problems in meeting the deadline to OLA immediately. The Assistant Secretary for Oceans and Atmosphere shall be notified immediately when deadlines are not met. The responsible Assistant Administrator(s) (AA) shall discuss non-compliance directly with the Assistant Secretary for Oceans and Atmosphere.

g. The immediate attention to testimony preparation is imperative even when a ten (10) day lead time is available. When testimony is kept on schedule, NOAA will be in a better position to respond to testimony requiring a shorter timeframe.

h. If there is a need to clarify existing policy or to formulate new policy in connection with the testimony request, OLA will arrange a meeting for that purpose.

i. The action office must coordinate with, and obtain input from, other Line or Staff Offices when issues covered by a hearing cross organizational lines. Testimony must fully reflect NOAA-wide views, rather than those of one element.

j. Prior to submission to OLA, the final draft must be cleared by the Assistant Administrator or Staff Office Director, or designee, and the Assistant General Counsel or Senior Counselor responsible for the program area. Clearance must also be obtained from the designated witness if the witness is a Line/Staff Office employee. OLA will obtain clearances from NOAA-level witnesses. Clearance by the AA or Staff Office Director, or designee, will indicate that the testimony has been fully coordinated within the office and all comments have been considered. Except for factual errors, OLA will not accept additional changes following that clearance.

k. Draft testimony shall not be provided to Congressional committees prior to clearance by DOC and OMB.

l. Prior to submission of the testimony to DOC, OLA will circulate it for review by the witness, other Line Offices, Staff Offices, the Senior Counselor for Legislation and Environmental Legal Affairs, and the Office of the Under Secretary. OLA will obtain the Line/Staff Office and witness' concurrence on changes recommended during the NOAA review process. In addition, OLA, in consultation with the Senior Counselor for Legislation and Environmental Legal Affairs, will broker any comments received during the DOC and OMB reviews and will ensure that the Line/Staff Office and witness have an opportunity to review any changes prior to final concurrence.

m. The Office of Under Secretary shall prepare all oral summary statements for witnesses consistent with Department and/or OMB cleared testimony. OLA will be responsible for providing a designee within the Office of Under Secretary with revisions including the final OMB-cleared version. This designee shall be the OLA point of contact for testimony clearances from the Under Secretary, Assistant Secretary, and Deputy Under Secretary, as appropriate.

n. Final approved testimony should be in the hands of the witness at least two (2) days prior to the hearing -- the same time it is usually due to Congressional committees. OLA is responsible for transmitting the requisite copies (50 to 125) to the appropriate Congressional committee.

.03 Briefing Books.

As an extension of the testimony request memo, OLA will also assign a deadline for receipt of input for briefing books. It is imperative that all materials be delivered to OLA within the specified timeframe in order to allow for adequate witness preparation. Anticipated questions and answers will be drafted by the Line/Staff Office and submitted to OLA one (1) week prior to the hearing. Complete briefing books will be submitted to the witness at the earliest possible time but not later than two (2) days prior to the hearing.

.04 Transcripts.

Transcripts, if received directly by the witness following the hearing, must be sent to OLA for further review and transmission to the Congressional committee. Except for factual errors, substantive changes cannot be made without permission from the Congressional committee. Material requested for the hearing record should be submitted to OLA with the edited transcript.

.05 Questions for Record.

Answers to follow-up questions are subject to the same review as testimony. A copy of the request and the draft answers must be submitted to OLA for clearance and submission to the Congress.

SECTION 3. EFFECT ON OTHER ISSUANCES.

None.

SIGNED,
Assistant Secretary for Oceans and Atmosphere

Office of Primary Interest:
   Office of Legislative Affairs (LA6)