Neither the provisions of the Advisory Committee Act nor the congressional committee reports on the legislation enacted as the Act elaborate on the phrase "any subcommittee or other subgroup" of an advisory committee. However, the words themselves suggest that an expansive application was intended. Also, the legislative history of the Act indicates that the basic definition of "advisory committee" was to be applied broadly: "* * * it is well to establish the 2 The Commerce Department's Committee Management Handbook, which governs advisory committees established by or assigned to the Department, likewise gives broad coverage to the concept of advisory committee subcommittees or subgroups. Part II, chapter 1, section E of the Handbook "applies to any advisory committee subunit, whether it is to be identified as a subcommittee, task force, study team, panel, or subgroup, or by any other term, and whether it is temporary or permanent. This section of the Handbook further provides: ".03 Conditions of Utilization. Subcommittees can not be used to circumvent any of the objectives of the FACA [Federal 1 S. Rep. No. 92-1098, at 8 (1972); see also, National Nutritional Foods Association v. Califano, 603 F.2d 327, 334-36 (2d Cir. 1979). 2 Section 8(a) of the Advisory Committee Act requires each Federal agency to establish uniform administrative guidelines and management controls for its advisory committees. Advisory Committee Act]. The Activities, II. Against this background, it is necessary to consider the nature and functions of the 35 task forces and how they fit within the structure of the Survey. The Executive Committee and other elements of the Survey. Executive Order 12369, dated June 30, 1982, 47 Fed. Reg. 28899, established the Executive Committee of the President's Private Sector Survey as an advisory committee in the Department of Commerce. Section 2 of the Executive Order sets forth the following functions for the Executive Committee: "(a) The Committee shall conduct a private "(b) The Committee shall conduct in-depth 3 See also Part I, section G of the Handbook, which states: "Subcommittees must be authorized and con- "(c) In fulfilling its functions the Com- "(1) Opportunities for increased efficiency and reduced costs in the Federal Government that can be realized by Executive action or legislation; "(2) Areas where managerial accountability can be enhanced and administrative control can be improved; "(3) Opportunities for managerial improvements over both the short and long term; "(4) Specific areas where further study can be justified by potential savings; and "(5) Information and data relating to governmental expenditures, indebtedness, and personnel management." Section 3(a) of the Executive Order provides: "The heads of Executive agencies shall, The Commerce Department's charter for the Executive Committee pursuant to the Advisory Committee Act, dated July 7, 1982, repeats the functions of the Committee as specified in section 2 of the Executive Order. It also includes the same provision as section 3(a) of the Executive Order concerning the furnishing of information to the Committee and its staff units. In addition, section 4 of the charter includes the following administrative provisions: "(d) The Committee, or subcommittees thereof, is expected to meet at least monthly before the final report and recommendations are submitted to the President." and (g) The Committee may establish such subcommittees of its members as may be 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 administrative staff support to the Committee, guide the day-to-day operations of the Survey and provide liaison with the Executive Office of the President; separate unit staffs may be utilized to provide such staff support as is necessary to accomplish reviews of individual agencies." 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, staffed and equipped, to the extent practi- 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. In 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. |