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Executive Order 12369, dated June 30, 1982, authorized the Survey's Executive Committee and identified its functions and operations. Based on this executive order, two legal documents, a contract and charter, were signed on July 7, 1982, which further identified organizations in the survey and described their duties.
Since the executive order--which authorizes the Survey's Executive Committee--provides for private sector funding to the "extent practicable and permitted by law," a nonprofit Foundation was created to support the Executive Committee.
The executive order also named DOC as the Federal agency to oversee and assist the Survey's Executive Committee. Because of their joint responsibilities, the Foundation and DOC signed a contract to engage in a joint project to support the Executive Committee. Under this agreement:
--The Secretary of Commerce agreed to
(1) cooperate with and assist the Foundation,
(2) be a liaison between the Foundation and Federal
(3) coordinate with the General Services Administra
tion to obtain surplus office furniture and equipment for the Foundation.
--The Foundation agreed to
(1) support the Committee by providing facilities and
(2) select a liaison with the Federal official respon
sible for overseeing the Executive Committee and with other Federal personnel, and
(3) require its agents to sign a statement in which
they promise to avoid unauthorized disclosure
--Both parties agreed that the Foundation is an independent
entity that supports the Executive Committee, and therefore, is not (1) governed by Federal employment laws and (2) accountable to DOC concerning finances.
--Upon termination of this agreement, the Foundation agreed
to transmit to the Secretary of Commerce all data on the Foundation's work.
The Charter for the Survey establishes the Executive Committee as a federally chartered advisory Committee pursuant to Executive Order 12369. Since the Executive Committee exists through DOC, the Secretary of Commerce signed the Charter.
The Charter outlines objectives and duties of the Executive Committee. The Committee is to conduct in-depth reviews of Federal agencies' operations in order to advise the President, Secretary of Commerce, and other Federal agencies on improving management and reducing costs. In doing so, the Committee should also examine managerial accountability, administrative controls, Government expenditures/debt, and personnel management.
The Committee may have, at most, 150 members that the President appoints from the nonpublic sector. The President also designates a Chairman from this membership. While members serve without Federal compensation, they may receive travel expenses. The estimated Federal cost for operating the Committee is $50,000 which includes travel and per diem expenses and l staff-year.
According to the Charter, it was expected that the Committee, or its subcommittees, would meet at least monthly before the final report is sent to the President. DOC advisory Committee regulations describe the procedure for establishing subcommittees.
During the review of agencies, Federal agency heads are to cooperate by providing the necessary data and support to the committee. DOC is to also provide administrative support to the Committee. After the review, the Committee reports to the President, Secretary of Commerce, and Federal agencies. The Committee is to complete its work and terminate by December 31, 1982--unless properly renewed.
SURVEY ORGANIZATIONAL STRUCTURE
The Survey has four primary groups: an Executive Committee, a Management Office, a Foundation, and the task forces.
The Executive Committee will eventually consist of 150 business leaders. As of mid-September 1982:
--The White House has cleared 130 members for service on
the Executive Committee.
--Agencies and the White House have cleared 110 of the 130
for task force service.
Chairman Grace and the Executive Committee are charged with the following duties
--setting overall policy and direction within guidelines
established by the White House,
--directing operations of the Management Office,
--serving an "outreach" function to the public and executive/
--providing periodic progress reports to the White House, and
--preparing the final Survey report to the President.
According to Survey officials, Chairman Grace also chose most Executive Committee members and directed the research effort.
The overall purpose of the Executive Committee is to advise both Chairman Grace and the President on managerial improvements that the Government should implement. Most Executive Committee members also serve as task force cochairs. Most task forces have two or more cochairs from the Executive Committee. In this role, these Executive Committee members recruit staff for their task force; guide the direction of task force work; communicate task force progress to the Chairman and Management Office; coordinate task force activities with other cochairs; review and analyze task force recommendations; and prepare the final report.
The Federal Advisory Committee Act (FACA) generally requires publicized, open meetings. However, neither DOC nor Survey officials can state when the full Executive Committee will meet. These officials cited problems in scheduling an agreeable meeting time for all 150 Executive Committee members. Thus, they foresee smaller groups of members scheduling meetings. DOC officials stated that these groups will conform to DOC's guidance on advisory Committee subcommittees.
Survey Management Office
The Director of the Management office acts for the Chairman on a daily basis. The formal duties of the Management office are to
--guide, coordinate, and monitor performance of the task
--act as a liaison to the White House, Office of Management
and Budget (OMB), and others as appropriate;
and task forces; and
--review, edit, and submit, for the Chairman's review and
approval, the final report to the President.
The Management Office has a Director, Deputy Director, administrative support staff, and 12 desk officers. Desk officers usually oversee two or three task forces and facilitate communication and coordination among task forces and the Management Office.
During hearings on September 15, the survey witness identified a chief operating officer who oversees the entire Survey effort.
Foundation for the Survey
The Foundation handles the Survey's financial matters. As a nonprofit corporation, the Foundation was established to solicit contributions from private companies to support the survey. The contributions cover expenses for personnel, office space, supplies, and equipment. The Foundation has a Board of Trustees and six corporate officers: President, Vice President, Secretary, Assistant Secretary, Treasurer, and Controller.
The Survey filed the Foundation's articles of incorporation as a nonprofit organization on March 25, 1982. The Internal Revenue Service determined on April 15, 1982, that this Foundation met the requirements for a federally tax-exempt organization under the Internal Revenue Code.
The Foundation's main function is to assist the survey and its Executive Committee. This includes:
--Creating a Board of Trustees to manage the Foundation and
to control the receipt, deposit, investment, and disbursement of its assets.
--Providing the Survey with expert services, facilities,
staff, and other support for which the Foundation pays.
--Establishing controls to prevent its agents from inappro
priately disclosing information that they obtain from
The Foundation also serves as a joint contractor with DOC to support the Executive Committee. A foundation official told us that at the conclusion of the Survey work, all documentation that supports the final reports will be transmitted to DOC for its archives. This step closes out the Survey effort and is scheduled to occur in late 1982 or early 1983.
Thirty-five task forces have been established to examine executive branch management. Twenty-two of these task forces examine agencies while 13 study functions that cut across agency lines. A project manager leads each task force. Task force members volunteer from the private sector and serve as agents of the Foundation according to top Survey officials. The size of task forces varies according to the agency or issue under review and the availability of staff from the private sector. Survey officials told us that task force staffs are very fluid-members come and go according to needed specialties.
According to an early September 1982 survey list of task force membership, there were about 1,000 members. The following shows the number of members on each task force.
32 31 44 47 19 38 39 43 26 46
Health and Human Services/
9 17 19 16 23
31 16 15 41 23
23 27 15
46 25 18
The project manager, as a full-time, on-site member, plans and directs the task force's work, and also assists the cochairs in recruiting members. The project manager also prepares a detailed work plan that outlines the issues and the approach for the task force.
According to senior Survey officials, task forces are to identify potential savings and managerial improvements that can be achieved through executive order, executive action, or congressional legislation.