Number: RL32592
Title: General Management Laws and the 9/11 Commissions Proposed Office of National Intelligence Director (NIC) and National Counterterrorism Center (NCTC)
Authors: Clinton T. Brass and Curtis W. Copeland, Government and Finance Division 
Abstract: This report examines whether more than 50 general management laws (e.g., the Administrative Procedure Act, the Inspector General Act, and the Competition in Contracting Act) would cover the NID and the NCTC under two scenarios: (1) if the entities were established within the EOP, and (2) if the entities were established as or within independent entities in the executive branch. The analysis focuses on the coverage of the selected management laws, not on whether the laws are likely to affect or apply to the NID or the NCTC. Also, some of the laws allow exemptions or contain other provisions that can affect their coverage. In general, the report indicates that more of these management laws would appear to cover the NID and NCTC if they were created as independent entities in the executive branch than if they were placed within the EOP. In many cases, it was unclear whether the statutes definitions of covered agencies included entities within the EOP. The report also indicates that Congress, if it so desires, could indicate that the NID and the NCTC would be covered by these management laws by either (1) amending the text of each of the management laws or (2) delineating in the statute creating the entities the particular management laws that should cover them.
Pages: 50
Date: October 5, 2004