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"(g) The Committee may establish such subcommittees of its members as may be necessary, subject to the provisions of the Department of Commerce Committee Management Handbook * * *."
In addition to the provisions establishing the Executive Committee and specifying its functions, the Executive Order contains several related administrative provisions Section 3(c) authorizes a management office in support of the Executive Committee:
"A management office may provide overall
Finally, section 3(e) of the Executive Order provides for a non-profit organization to support the Committee:
"(e) 'The Committee is to be funded,
To implement this provision, the foundation for the President's Private sector Survey on Cost Control was established as a nonprofit corporation in the District of Columbia. The articles of incorporation state that the primary purpose of the Foundation is to assist the Private Sector Survey on Cost Control. This is to be accomplished by providing expert and professional services, office facilities, staff and other support services.
On July 7, 1982, the Commerce Department and the Foundation entered into an agreement for the provision of assistance by the Foundation to the Executive Committee. section III of the agreement, the Foundation agrees at no cost to the Federal Government:
"(a) To provide such suport as may be requested by the Chairman of the Committee to assist the Committee in carrying out its responsibilities, including but not limited to:
"(1) facilities, including office space, furniture, equipment, telephonic and computer equipment and services as may be necessary; and
"(2) staff support to the Committee
Section IV of the agreement, captioned "Status of the Foundation," provides:
"The parties hereto acknowledge and
The task forces.
The nature and functions of the task forces were described by Mr. Felix E. Larkin, a member of the Executive Committee, in his testimony of September 15, 1982,' before your subcommittee.
In his prepared statement submitted for the record, Mr. Larkin explained the composition of the task forces as follows:
"The balance of the organization of the
"Each of the 35 Task Forces has members
Mr. Larkin's statement went on to outline the operations of the task forces:
"* * * the Chairman (of the Executive Committee) and the Management office are leading each Task Force through a fourphased sequence of activities:
-- Assignment and clearance of
Executive Committee Members,
"Phase II -- Completion of Task Force
recruitment, issue identifica-
survey of assigned areas, and
"Phase III-- Performance of in-depth
studies by the Task Force,
Preparation of the draft and
"In addition, the Management Office provides each Task Force with operating guidelines, report format and preparation instructions, and disclosure and conflict
of interest guidelines." Mr. Larkin's statement continued:
Even apart from the broad application envisioned for the Advisory Committee Act's phrase "any subcommittee or other subgroup," a functional analysis leads to the conclusion that the Survey's task forces clearly are "subcommittee(s) or other subgroup(s)" of the Executive Committee."
The task forces have organized structures and assigned subject matter responsibilities. Each task force is co-chaired by members of the Executive Committee. Moreover, it appears that the task forces are the source of all substantive activity now in progress to carry out the functions of the Executive Committee. The task forces are developing work plans for their assigned subject areas; they are performing in-depth studies in these areas; they discuss their preliminary findings with Federal agency heads and the Management office; and they will prepare draft and final reports.
The Executive Committee itself has not yet held a meeting. (As noted previously, the Committee's charter states the expectation that the Committee "or subcommittees thereof" will meet monthly.) Presumably the task forces, or at least some of them, have met since some work plans have been developed. Likewise, at least some task forces are now obtaining information from Federal agencies. (As noted previously, the Executive Order and the charter provide for Federal agencies to furnish information to the Executive Committee "and its staff units * * *.")
In sum, the tas forces have all the essential characteristics that one would expect to find in subcommittees or subgroups. We recognize that staffing and funding for the task forces may be provided, at least in part, by the Foundation. However, the source of funding is immaterial so long as the task forces are being used as subcommittees or subgroups of the Executive Committee. cf., S. Rep. No. 92-1098, discussed previously.
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