For other versions of this document, see http://wikileaks.org/wiki/CRS-RL32592 ------------------------------------------------------------------------------ Order Code RL32592 CRS Report for Congress Received through the CRS Web General Management Laws and the 9/11 Commission's Proposed Office of National Intelligence Director (NID) and National Counterterrorism Center (NCTC) Updated October 5, 2004 Clinton T. Brass and Curtis W. Copeland, Coordinators Government and Finance Division Congressional Research Service ~ The Library of Congress General Management Laws and the 9/11 Commission's Proposed Office of National Intelligence Director (NID) and National Counterterrorism Center (NCTC) Summary To improve the organization and capabilities of the U.S. intelligence community, the National Commission on Terrorist Attacks Upon the United States (9/11 Commission) recommended, among other things, that two entities be established -- a National Intelligence Director (NID) and a National Counterterrorism Center (NCTC). The commission said that the NID should be located within the Executive Office of the President (EOP), and said the NCTC should report to the NID. Legislation designed to create these entities would place them either within the EOP (e.g., H.R. 5024 and H.R. 5050) or within an independent entity outside of the EOP (e.g., S. 2845, H.R. 10, H.R. 5150, S. 2774, and H.R. 5040). Questions have been raised regarding a number of issues associated with the establishment of the NID and the NCTC. One set of such questions centers on whether these proposed entities would be covered by various "general management laws" -- broad statutes designed to regulate the activities, procedures, and administration of all or most executive branch agencies in such areas as regulatory and information management, financial management, procurement, and strategic planning. Earlier in 2004, CRS published a compendium of these general management laws and a companion report on major themes from these laws, with possible management policy options (CRS Report RL30795, General Management Laws: A Compendium; and CRS Report RL32388, General Management Laws: Major Themes and Management Policy Options). 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. This report will be updated if additional information becomes available about the coverage of the management laws or if legislation creating the NID and the NCTC (or similar entities) is enacted. Contents Background . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 Legislation to Restructure the Intelligence Community . . . . . . . . . . . . . . . . 2 NID and NCTC and the Coverage of General Management Laws . . . . . . . . . . . . 4 General Management Laws . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 Table Showing Coverage of Laws . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 Table Structure and Contents . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 Summary of Findings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 Considerations Regarding Table Contents . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 "Coverage" Versus "Application" of the Laws . . . . . . . . . . . . . . . . . . . 6 Coverage Sometimes Unclear . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 Exemptions from Coverage . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 Certain Provisions Can Affect Coverage . . . . . . . . . . . . . . . . . . . . . . . . 8 Congress Could Indicate Whether Management Laws Cover NID and NCTC . . . 8 Amending the Management Laws . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 Identification of Management Laws in Statute Creating NID/NCTC . . . . . . 9 Evaluating Options: Standardization vs. Customization . . . . . . . . . . . . . . . . 9 List of Tables Table 1. Coverage of General Management Laws and the 9/11 Commission's Proposals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 General Management Laws and the 9/11 Commission's Proposed Office of National Intelligence Director (NID) and National Counterterrorism Center (NCTC) The National Commission on Terrorist Attacks Upon the United States (9/11 Commission), established by the Intelligence Authorization Act for Fiscal Year 2003 (P.L. 107-306; 116 Stat. 2383, at 2408), criticized the structure of the U.S. intelligence community.1 To improve the intelligence community's organization and capabilities, the commission recommended (among other things) that two entities be established -- a National Intelligence Director (NID) and a National Counterterrorism Center (NCTC). The commission said the NID should be located within the Executive Office of the President (EOP), and said the NCTC should report to the NID. Legislation designed to create these entities would place them either within the EOP or within an independent entity outside the EOP. 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 report also discusses how Congress, if it so desires, can indicate that these proposed entities would be covered by these management laws. First, however, the report provides some background information on the 9/11 Commission's recommendations and recent efforts to restructure the intelligence community. Background The 9/11 Commission questioned whether the U.S. government, and the intelligence community in particular, are organized adequately to direct resources and build the intelligence capabilities that the U.S. will need to counter terrorism, and to address the broader range of national security challenges in the coming decade. The commission recommended, among other things, that [t]he current position of Director of Central Intelligence should be replaced by a National Intelligence Director with two main areas of responsibility: (1) to oversee national intelligence centers on specific subjects of interest across 1 U.S. National Commission on Terrorist Attacks Upon the United States, The 9/11 Commission Report (Washington: GPO, July 22, 2004), p. 399. CRS-2 the U.S. government and (2) to manage the national intelligence program and oversee the agencies that contribute to it.2 The commission said the NID would be the principal intelligence advisor to the President, and "would submit a unified budget for national intelligence that reflects priorities chosen by the National Security Council, an appropriate balance among the varieties of technical and human intelligence collection, and analysis."3 The commission said the NID should be located in the EOP, would have a "relatively small staff of several hundred people," would be confirmed by the Senate, and would testify before Congress.4 The commission also recommended the establishment of a National Counterterrorism Center (NCTC), built on the foundation of the existing Terrorist Threat Integration Center (TTIC). Breaking the older mold of national government organization, this NCTC should be a center for joint operational planning and joint intelligence, staffed by personnel from the various agencies. The head of the NCTC should have authority to evaluate the performance of the people assigned to the Center.5 The commission said the head of the NCTC should be appointed by the President, be confirmed by the Senate, testify before Congress, be equivalent in rank to a deputy head of a cabinet department, and report to the NID within the EOP.6 The NCTC would override the current arrangement, in which the principal players -- the Central Intelligence Agency and the Departments of Defense and Justice -- were seen by the commission as operating without effective coordination and cooperation. Legislation to Restructure the Intelligence Community The 9/11 Commission's recommendations and several subsequent legislative initiatives are the most recent contributions to a debate on structural reform of the intelligence community that began nearly 50 years ago.7 During the 107th and 108th Congresses and before release of the 9/11 Commission's report, several Members of Congress introduced legislation that would establish a position of Director of National Intelligence, or would strengthen the authority of the Director of Central Intelligence.8 2 Ibid., p. 411. 3 Ibid., p. 412. 4 Ibid., p. 414. 5 Ibid., p. 403. 6 Ibid., p. 405. 7 This report identifies legislation introduced as of Sept. 24, 2004. For a discussion of this debate, see CRS Report RL32500, Proposals for Intelligence Reorganization, 1949-2004, by Richard A. Best Jr.; CRS Report RL32506, The Position of Director of National Intelligence: Issues for Congress, by Alfred Cumming; and CRS Report RL32501, 9/11 Commission Recommendations: New Structures and Organization, by Harold C. Relyea. 8 See, for example, S. 2645 (107th Cong.), introduced June 19, 2002. For legislation in the (continued...) CRS-3 After release of the 9/11 Commission's report, further legislation was introduced.9 For example, on September 7, 2004, a bipartisan group of Senators introduced legislation (S. 2774) to implement the recommendations made by the 9/11 Commission. In particular, the legislation would create an Office of the NID and the NCTC. However, in contrast to the commission's recommendation, the legislation would place the NID and the NCTC within an independent entity (the National Intelligence Authority), not within the EOP.10 A House companion bill (H.R. 5040) was introduced on September 9, 2004, by Representative Christopher Shays (with 32 cosponsors). On September 8, 2004, House Minority Leader Nancy Pelosi (with 117 cosponsors) introduced a bill (H.R. 5024) to implement the recommendations of the 9/11 Commission, including the establishment of the NID and NCTC. In contrast to the bills mentioned above (and consistent with the recommendations of the Commission), the legislation would place the proposed entities within the EOP. Another bill (H.R. 5050), introduced on September 9, 2004, by Representative Sheila Jackson-Lee, would establish a Director of National Intelligence within the EOP. On September 23, 2004, Chairman Susan Collins and Ranking Member Joseph Lieberman of the Senate Committee on Governmental Affairs introduced legislation (S. 2845) that would place the proposed entities in a National Intelligence Authority, which would be an independent establishment in the executive branch, but not within the EOP. A similar bill (H.R. 5150) was introduced on September 24, 2004, by Representatives Christopher Shays and Carolyn Maloney. Speaker of the House Dennis Hastert introduced a bill (H.R. 10) on September 24, 2004, with 16 cosponsors, that would create an NID and NCTC that would not be located in the EOP. 8 (...continued) 108th Congress, see S. 6, introduced on January 7, 2003; S. 190, introduced on January 17, 2004; S. 1520, introduced on July 31, 2003; H.R. 4104, introduced on April 1, 2004; and H.R. 4584, introduced on June 16, 2004. For a discussion of these legislative proposals, see CRS Report RL32506, The Position of Director of National Intelligence: Issues for Congress, by Alfred Cumming. 9 For a chronology and brief discussion of these bills, see CRS Report RL32501, 9/11 Commission Recommendations: New Structures and Organization, by Harold C. Relyea. For side-by-side comparisons of these and other bills from the 108th Congress, see CRS Report RL32600, Comparison of 9/11 Commission Recommended Intelligence Reforms, Roberts Draft Bill, H.R. 4104, S. 190, S. 1520, S. 6, H.R. 4584, and Current Law, and CRS Report RL32601, Comparison of 9/11 Commission Recommended Intelligence Reforms, S. 2845, S. 2774, H.R. 5024, Administration Proposal, H.R. 10, Current Law, both by Alfred Cumming. 10 According to a news report, the 9/11 Commission's vice chairman, Lee H. Hamilton, "said he withdrew the panel's proposal that the new national intelligence director be part of the executive office of the president, citing opposition from both the White House and Congress." Helen Dewar and Charles Babington, "Intelligence Retooling on Agenda as Congress Returns," Washington Post, Sept. 8, 2004, p. A4. CRS-4 On August 27, 2004, President George W. Bush issued Executive Order 13355, which was intended to strengthen the position of the Director of Central Intelligence.11 On the same day, he also issued Executive Order 13354, which established the NCTC, over which the Director of Central Intelligence "shall have authority, direction, and control."12 On September 8, 2004, President Bush indicated that the Administration sought legislation that would establish the NID position within the Executive Branch, but not within the EOP. NID and NCTC and the Coverage of General Management Laws General Management Laws Questions have been raised regarding a number of issues associated with the establishment of the NID and the NCTC. One set of such questions centers on whether these proposed entities would be covered by various "general management laws" -- broad statutes designed to regulate the activities, procedures, and administration of all or most executive branch agencies in such areas as regulatory and information management, financial management, procurement, and strategic planning. Earlier in 2004, CRS published a compendium of these general management laws and a companion report on major themes from these laws, with possible management policy options.13 To determine the coverage of these management laws in relation to the proposed NID and NCTC, CRS examined the scope of the laws under two scenarios -- if the entities were established (1) within the EOP or (2) as or within independent entities in the executive branch. In both scenarios, CRS assumed that the entities would be established by Congress. This review included more than 50 such laws, but did not include laws related to human resource management (Title 5 of the United States Code) or intergovernmental relations (e.g., the Intergovernmental Cooperation Act). Table Showing Coverage of Laws Table Structure and Contents. A table indicating the coverage of each management law in each scenario is included at the end of this report. The first column of the table identifies the general management laws and their locations in the table of contents for the previously mentioned compendium of these laws. The next three columns provide CRS's best judgment regarding the coverage of each of the laws if the NID and the NCTC were established in the EOP -- that is, whether (1) 11 Executive Order 13355, "Strengthened Management of the Intelligence Community," 69 Federal Register 53593, Sept. 1, 2004. 12 Executive Order 13354, "National Counterterrorism Center," 69 Federal Register 53589, Sept. 1, 2004. 13 CRS Report RL30795, General Management Laws: A Compendium, coordinated by Clinton T. Brass; and CRS Report RL32388, General Management Laws: Major Themes and Management Policy Options, by Clinton T. Brass. CRS-5 the entities appear to be covered by the law; (2) the entities do not appear to be covered by the law; or (3) it is not clear if the entities would be covered. The next three columns indicate CRS's best judgments regarding the coverage of these laws if the NID and NCTC were established as independent entities within the executive branch. The last column indicates the CRS subject matter experts who may be contacted for further information about each of the general management laws. (For legal issues that relate to definitions of "agency," T. J. Halstead (7-7981) and Morton Rosenberg (7-7480), in CRS's American Law Division, are also available for further information and assistance.) Summary of Findings. In general, this analysis indicated that more of these general management laws would appear to cover the NID and the NCTC if they were created as or within independent entities in the executive branch than if they were established within the EOP. In many cases, it was unclear whether the statutes' definitions of covered "agencies" included entities within the EOP. Therefore, if Congress chose to establish the proposed entities, the coverage of these management laws would appear to depend on where the entities were established. Within the EOP. If the NID and the NCTC were established within the EOP, about half (26) of the general management laws included in this report would appear to cover, in whole or in part, the proposed entities.14 Eleven of the laws would not appear to cover the entities within the EOP, and it was not clear whether they would be covered by 18 of the laws. For example, several of the statutes indicated they covered any "department, agency, or instrumentality" of the U.S. government, but it was not clear whether this construction would include the EOP or any of its constituent parts. Of the 11 laws that did not appear to cover the entities, four did not cover the entities because the laws had expired. (These laws were included in the CRS compendium because of continuing congressional interest in the subjects.) In other of these "not covered" cases, the laws (e.g., the Inspector General Act of 1978 and the Federal Managers' Financial Integrity Act of 1982) specifically list the covered agencies, and do not include the EOP; nor would they include the proposed entities. Independent Entities. If the NID and the NCTC were established as or within independent entities in the executive branch, more than 75% (42) of the general management laws would appear to cover, in whole or in part, the proposed entities. In many cases, where it was unclear that a particular management law covered an "instrumentality" or "independent entity" within the EOP, it was more clear that the law would cover an independent agency or other entity within the executive branch. Of the 12 laws that did not appear to cover the entities, four would not do so because the laws have expired, and others did not appear to cover the entities because they were not included in a list of covered agencies. In only one case was it unclear whether the management law would apply to an independent entity. 14 Some laws have provisions in which determinations of coverage are mixed. For example, in the EOP scenario, the Clinger-Cohen Act of 1996 has some provisions that would not cover the proposed entities, but also has provisions in which coverage is not clear. Conversely, in the independent agencies scenario, some provisions of the act would appear to cover the proposed entities, but others would not. CRS-6 Considerations Regarding Table Contents Several points are important to consider with regard to the table's contents: (1) the analysis focuses on the coverage of the selected management laws with respect to the NID and the NCTC, not whether the laws are likely to affect or apply to these proposed entities; (2) the coverage of some of the laws in these scenarios is unclear; (3) Congress has previously exempted certain agencies from the coverage of some of the management laws; and (4) certain provisions in some of the laws may affect their coverage. "Coverage" Versus "Application" of the Laws. This report focuses on whether an entity is covered by a statute, not on whether the law is likely to affect or apply to the entity's operations. For example, the Paperwork Reduction Act (PRA) specifically identifies the EOP in its definition of a covered "agency." Therefore, if the NID and the NCTC were created as part of the EOP, we concluded that they would be covered by the PRA. However, if these entities never imposed any paperwork requirements on the public that triggered the PRA's requirements, the act would not affect or apply to their operations. Similarly, the National Environmental Policy Act might cover these entities (particularly if they were established as independent entities within the executive branch), but they might never take actions that triggered the requirement in the act for an environmental impact statement. Coverage Sometimes Unclear. CRS determined whether the selected management laws would appear to cover the NID and the NCTC in particular scenarios based on the definitions and other terms provided in these laws -- most commonly, how the terms "agency" or "executive agency" were defined. In some cases, however, determining the coverage of these management laws was difficult. As noted previously, this difficulty was most common in determining whether certain statutes applied to entities within the EOP. For example, the Federal Records Act covers any "independent establishment" in the executive branch, but this term is not defined in the act. Given the nature and missions of the various offices within the EOP (i.e., to help develop and implement the policies and programs of the President), it is not clear whether the NID or the NCTC would be considered "independent establishments" for purposes of the act if established within the EOP. In some cases, the coverage of these management laws might turn on the interpretations of the courts. It should also be noted that coverage of the NID and the NCTC would not be ensured even in instances where the statutory definition either seems broad enough to include the EOP, or specifically includes the EOP within its ambit. For example, the Administrative Procedure Act (APA) defines "agency" to include "each authority of the Government of the United States, whether or not it is within or subject to review by another agency."15 While this definition could arguably apply to any governmental entity, the United States Court of Appeals for the District of Columbia has established that "the APA confers agency status on any administrative unit with 15 5 U.S.C. § 551(1). CRS-7 substantial independent authority in the exercise of specific functions."16 This standard has been of particular importance in the context of the Freedom of Information Act (FOIA), even though the act specifically includes the EOP in its definition of "agency."17 In Meyer v. Bush, for instance, the United States Court of Appeals for the District of Columbia determined that the Task Force on Regulatory Relief was not subject to FOIA even though it was located in the EOP, based on the fact that its duties were advisory in nature and that it "was not a body with `substantial independent authority' to direct executive branch officials."18 Accordingly, the determination in the attached chart that the APA and FOIA would appear to cover the NID and the NCTC as part of the EOP is predicated upon the assumption that these entities would, in fact, be imbued with "substantial independent authority" in the exercise of their functions.19 Exemptions from Coverage. As the attached table indicates, many of the management laws that CRS examined would appear to cover the proposed NID and NCTC as part of the EOP, as independent entities, or in either situation. Congress could, however, exempt one or both of these entities from the coverage of certain laws -- just as it has done for other entities engaged in sensitive or intelligence- related activities. For example, Congress specifically exempted the Central Intelligence Agency (CIA) from requirements of the Federal Advisory Committee Act (Section 4 of 5 U.S.C. Appendix 1), from "law and regulations relating to the expenditure of government funds" (50 U.S.C. § 403j(b)), and from the Government Performance and Results Act (GPRA; 5 U.S.C. § 306(f)).20 Some of the management laws also allow other entities to exempt certain agencies or activities from coverage. For example, GPRA allows the Office of Management and Budget (OMB) to exempt agencies with annual outlays of $20 million or less from certain requirements. 16 Soucie v. David, 448 F.2d 1067, 1073 (1971). 17 5 U.S.C. § 552(f)(1). 18 Meyer v. Bush, 981 F.2d 1288, 1297 (D.C. Cir. 1993). 19 This standard is likewise applicable to the Privacy Act, which incorporates the definition of "agency" as used in FOIA. 20 GPRA is codified at 5 U.S.C. prec. § 301, § 306; 31 U.S.C. § 1101 and nt, §1105, §§ 1115-1119, prec. § 9701, §§ 9703-9704; 39 U.S.C. prec. § 2001, §§ 2801-2805. If precedent were followed, it is possible that the NID and the NCTC would be excluded from GPRA's coverage. According to the 9/11 Commission report, the NCTC would "be built on the foundation of the existing Terrorist Threat Integration Center" (p. 403), which is located in the CIA. The CIA was excluded from GPRA's coverage by 5 U.S.C. § 306(f). According to GPRA's legislative history, the CIA was excluded largely because most of its budget is classified, and because the GPRA plans and reports it would prepare would be classified (S. Rep. 103-58, Government Performance and Results Act of 1993). OMB reported to Congress in 1997 that "OMB consulted with the Agency leadership about this matter, and the CIA agreed to comply voluntarily with the basic provisions of GPRA" (The Government Performance and Results Act, Report to the President and Congress from the Director of the Office of Management and Budget, May 1997.) Congress subsequently enacted P.L. 104-293, the Intelligence Authorization Act for FY1997, to require performance reports on intelligence activities, requirements, and evaluations (Secs. 803 and 808 of P.L. 104-293). CRS-8 Certain Provisions Can Affect Coverage. For some of the general management laws included in the attached table, even though these laws would normally cover the proposed NID and NCTC, certain provisions could affect this coverage. For example, the entry for the Davis-Bacon Act notes that, while the act would appear to cover the NID and the NCTC (either as part of the EOP or as independent entities), the President can suspend the act during a "national emergency." Also, the Chief Financial Officers (CFO) Act of 1990 technically does not cover the EOP, but a 1999 amendment to the act created a separate CFO for the EOP. The President can, under this amendment, determine what authority and functions apply to the CFO for the EOP. Although the table notes several of these provisions, it should not be relied upon to highlight all important nuances in the coverage of general management laws.21 Congress Could Indicate Whether Management Laws Cover NID and NCTC If Congress decided to create the NID and the NCTC and wanted to indicate that these entities should be covered by certain management laws, two general approaches would be available -- (1) amending the text of each of the relevant management laws to indicate that the entities being created should be considered covered by these laws, or (2) including a provision in the statute creating these entities indicating which of the management laws cover them. Although either of these general approaches would accomplish this objective, each has particular advantages and disadvantages. Amending the Management Laws In the first approach, Congress, after creating the NID and the NCTC, could consider amending the text of selected general management laws to indicate clearly that they cover the new entities. For example, the Chief Financial Officers (CFO) Act of 1990 lists the agencies covered by its requirements at 31 U.S.C. § 901(b). If Congress wanted to have the CFO Act cover one or both new entities, Congress could add the entity or entities to this list, and thereby put the complete list of covered agencies at one location in the United States Code. Similar action would be required for each of the statutes that Congress considers relevant. A possible advantage of this approach would be that, in comparison to the second alternative, it would be easier for an interested party to determine the coverage of a specific general management law when specific agencies were delineated. However, this approach also could have several disadvantages. For example, making changes in statutory language to dozens of particular statutes would likely be significantly more difficult than the alternative approach, and more likely to result in jurisdictional issues among congressional committees. 21 As alternatives, see CRS Report RL30795, General Management Laws: A Compendium, coordinated by Clinton T. Brass, or call the CRS experts listed in the table. CRS-9 Identification of Management Laws in Statute Creating NID/NCTC In the second approach, Congress could specifically delineate the particular management laws that should cover the NID and the NCTC in the statute creating them. This listing of management laws could include all such laws that Congress considers relevant (including those that already would appear to cover the proposed entities) in order to clearly establish congressional intent. Alternatively, the listing could focus only on either those statutes that do not appear to cover the new entities, or those for which coverage is uncertain. In either case, the statute creating the entities could state that they "shall be considered to be covered by the requirements of ...," with a listing of all relevant management laws provided (e.g., the Federal Register Act and the APA). Or, more specifically, the statute could include language defining a covered "agency" (or other term, depending on the specific management laws) by referring to the definitions in the management laws themselves, such as the following: The [NID/NCTC] shall be considered to be a covered "agency" for purposes of the Administrative Procedure Act, as defined at 5 U.S.C. 551(1); ... [add other applicable management laws and code citations]. Some potential advantages of this general approach include relative ease of statutory drafting and fewer jurisdictional issues than with the first approach (amending each management law). However, this approach might make it more difficult for an interested party to determine the coverage of a given law (particularly for those laws that list the covered agencies), because to do so, the party would have to find all provisos of interest, which might be included in many parts of the United States Code. For example, if the statute creating the NID and the NCTC indicated that one or both of the entities should be covered by the CFO Act, an interested party attempting to compile a list of agencies with CFOs would have to know to examine not only the CFO Act, but also the statute creating the new entities. Evaluating Options: Standardization vs. Customization When considering whether these general management laws should cover the proposed NID and NCTC, if any, or whether alternative or new management-related laws should be enacted, Congress might consider an issue that it has previously confronted when reorganizing or creating agencies -- whether all (or virtually all) these management laws should cover all (or virtually all) agencies, or whether each agency should be governed by a customized set of these laws. Some assert that the laws should cover as many agencies as possible, arguing that less coverage would lessen the laws' importance and influence, and would potentially make it more difficult for Congress to hold the President and agencies accountable for their administration. Others contend that each agency is sufficiently different to merit individualized attention, and that there should be no presumption of coverage with regard to any specific agency -- particularly with regard to intelligence agencies or other entities that deal with sensitive or classified information. For analysis and CRS-10 discussion of potential advantages and disadvantages of approaches to these decisions, see CRS Report RL32388, General Management Laws: Major Themes and Management Policy Options, pp. 13-15. CRS-11 Table 1. Coverage of General Management Laws and the 9/11 Commission's Proposals General If the Office of the National Intelligence Director (NID) and National Counterterrorism Center (NCTC) were CRS Management established ... Analyst, Law (location Telephone in CRS Report ... in the Executive Office of the President (EOP), the ... as independent entities, outside the EOP, but in the Number RL30795) NID and the NCTC appear to be: executive branch, the NID and the NCTC appear to be: Covered Not Covered Not Clear Covered Not Covered Not Clear Federal Register X (Falls within X (Falls within Harold C. Act the definition of the definition of Relyea, (I.A. in "agency" in the "agency" in the 7-8679 RL30795) act (44 U.S.C. § act (44 U.S.C. § 1501) for 1501) for required required or or authorized authorized publication of publication of designated designated documents (44 documents (44 U.S.C. § 1505).) U.S.C. § 1505).) CRS-12 General If the Office of the National Intelligence Director (NID) and National Counterterrorism Center (NCTC) were CRS Management established ... Analyst, Law (location Telephone in CRS Report ... in the Executive Office of the President (EOP), the ... as independent entities, outside the EOP, but in the Number RL30795) NID and the NCTC appear to be: executive branch, the NID and the NCTC appear to be: Covered Not Covered Not Clear Covered Not Covered Not Clear Administrative X (The definition X (The definition Morton Procedure Act of "agency" in of "agency" in the Rosenberg, (APA) (I.B. in the act (5 U.S.C. act (5 U.S.C. § 7-7480; RL30795) § 551(1)) covers 551(1)) covers T. J. each authority of each authority of Halstead, the government, the government, 7-7981 "whether or not "whether or not it it is within or is within or subject to review subject to review by another by another agency." agency." However, if However, if either either proposed proposed entity entity were were strictly strictly advisory advisory in in nature, it nature, it would would not be not be covered.) covered.) CRS-13 General If the Office of the National Intelligence Director (NID) and National Counterterrorism Center (NCTC) were CRS Management established ... Analyst, Law (location Telephone in CRS Report ... in the Executive Office of the President (EOP), the ... as independent entities, outside the EOP, but in the Number RL30795) NID and the NCTC appear to be: executive branch, the NID and the NCTC appear to be: Covered Not Covered Not Clear Covered Not Covered Not Clear Federal Records X (The act X (The act covers Harold C. Act and Related covers any any "executive Relyea, Chapters of "executive agency," which is 7-8679 Title 44 agency," which defined (40 (I.C. in is defined (40 U.S.C. § 472(a)) RL30795) U.S.C. § 472(a)) as any executive as any executive department or department or "independent "independent establishment" in establishment" in the executive the executive branch. An branch. It independent entity appears that an would likely be entity within the considered an EOP would not "independent be considered an establishment.") "independent establishment," but it is not clear.) CRS-14 General If the Office of the National Intelligence Director (NID) and National Counterterrorism Center (NCTC) were CRS Management established ... Analyst, Law (location Telephone in CRS Report ... in the Executive Office of the President (EOP), the ... as independent entities, outside the EOP, but in the Number RL30795) NID and the NCTC appear to be: executive branch, the NID and the NCTC appear to be: Covered Not Covered Not Clear Covered Not Covered Not Clear Congressional X (The definition X (The definition Morton Review of of "agency" in of "agency" in the Rosenberg, Regulations Act the act refers to act refers to the 7-7480 (CRA) (I.D. in the definition in definition in the RL30795) the APA (5 APA (5 U.S.C. § U.S.C. § 551(1)), 551(1)), which which covers covers each each authority of authority of the the government, government, "whether or not "whether or not it it is within or is within or subject to review subject to review by another by another agency." As agency." As with with the APA, the APA, however, if however, if either either organization were organization strictly advisory were strictly in nature, it would advisory in not be covered.) nature, it would not be covered.) CRS-15 General If the Office of the National Intelligence Director (NID) and National Counterterrorism Center (NCTC) were CRS Management established ... Analyst, Law (location Telephone in CRS Report ... in the Executive Office of the President (EOP), the ... as independent entities, outside the EOP, but in the Number RL30795) NID and the NCTC appear to be: executive branch, the NID and the NCTC appear to be: Covered Not Covered Not Clear Covered Not Covered Not Clear Freedom of X (Falls within X (Falls within Harold C. Information Act the definition of the definition of Relyea, (I.E. in "agency" in the "agency" in the 7-8679 RL30795) act (5 U.S.C. § act (5 U.S.C. § 552(f)), which 552(f)), which specifically includes any includes the "establishment" in EOP. As with the the executive APA, however, if branch. As with either the APA, organization however, if either were strictly organization were advisory in strictly advisory nature, it would in nature, it would not be covered.) not be covered.) CRS-16 General If the Office of the National Intelligence Director (NID) and National Counterterrorism Center (NCTC) were CRS Management established ... Analyst, Law (location Telephone in CRS Report ... in the Executive Office of the President (EOP), the ... as independent entities, outside the EOP, but in the Number RL30795) NID and the NCTC appear to be: executive branch, the NID and the NCTC appear to be: Covered Not Covered Not Clear Covered Not Covered Not Clear Privacy Act X (Falls within X (Falls within Harold C. (I.F. in the definition of the definition of Relyea, RL30795) "agency" in the "agency" in the 7-8679 act (5 U.S.C. § act (5 U.S.C. § 552a(a)(1), 552a(a)(1), referencing 5 referencing 5 U.S.C. § 552(f)), U.S.C. § 552(f)), which which includes specifically any includes the "establishment" in EOP. As with the the executive APA, however, if branch. As with either the APA, organization however, if either were strictly organization were advisory in strictly advisory nature, it would in nature, it would not be covered.) not be covered.) CRS-17 General If the Office of the National Intelligence Director (NID) and National Counterterrorism Center (NCTC) were CRS Management established ... Analyst, Law (location Telephone in CRS Report ... in the Executive Office of the President (EOP), the ... as independent entities, outside the EOP, but in the Number RL30795) NID and the NCTC appear to be: executive branch, the NID and the NCTC appear to be: Covered Not Covered Not Clear Covered Not Covered Not Clear Federal X (Falls within X (Falls within Stephanie Advisory the definition of the definition of Smith, Committee Act "agency" in the "agency" in the 7-8674 (I.G. in act (5 U.S.C. § act (5 U.S.C. § RL30795) 551(1)), although 551(1)), although Congress Congress currently currently exempts exempts advisory advisory committees used committees used by the CIA.) by the CIA.) Government in X (Would not X (Would not Henry the Sunshine cover the proposed cover the proposed Hogue, Act (I.H. in entities unless entities unless 7-0642 RL30795) established as established as collegially headed collegially headed executive branch executive branch agencies with two agencies with two or more members, or more members, most of whom are most of whom are appointed by the appointed by the President and President and confirmed by the confirmed by the Senate.) Senate.) CRS-18 General If the Office of the National Intelligence Director (NID) and National Counterterrorism Center (NCTC) were CRS Management established ... Analyst, Law (location Telephone in CRS Report ... in the Executive Office of the President (EOP), the ... as independent entities, outside the EOP, but in the Number RL30795) NID and the NCTC appear to be: executive branch, the NID and the NCTC appear to be: Covered Not Covered Not Clear Covered Not Covered Not Clear Paperwork X (Falls within X (Falls within Harold C. Reduction Act the definition of the definition of Relyea, (I.I. in "agency" in the "agency" in the 7-8679 RL30795) act (44 U.S.C. § act (44 U.S.C. § 3502), which 3502), which specifically includes virtually includes the any EOP.) "establishment" in the executive branch.) CRS-19 General If the Office of the National Intelligence Director (NID) and National Counterterrorism Center (NCTC) were CRS Management established ... Analyst, Law (location Telephone in CRS Report ... in the Executive Office of the President (EOP), the ... as independent entities, outside the EOP, but in the Number RL30795) NID and the NCTC appear to be: executive branch, the NID and the NCTC appear to be: Covered Not Covered Not Clear Covered Not Covered Not Clear Regulatory X (The definition X (The definition Curtis Flexibility Act of "agency" in of "agency" in the Copeland, of 1980 (I.J. in the act refers to act refers to the 7-0632 RL30795) the definition in definition in the the APA (5 APA (5 U.S.C. § U.S.C. § 551(1)), 551(1)), which which covers covers each each authority of authority of the the government, government, "whether or not "whether or not it it is within or is within or subject to review subject to review by another by another agency." As agency." As with with the APA, the APA, however, if however, if either either organization were organization strictly advisory were strictly in nature, it would advisory in not be covered.) nature, it would not be covered.) CRS-20 General If the Office of the National Intelligence Director (NID) and National Counterterrorism Center (NCTC) were CRS Management established ... Analyst, Law (location Telephone in CRS Report ... in the Executive Office of the President (EOP), the ... as independent entities, outside the EOP, but in the Number RL30795) NID and the NCTC appear to be: executive branch, the NID and the NCTC appear to be: Covered Not Covered Not Clear Covered Not Covered Not Clear Negotiated X (The definition X (The definition Curtis Rulemaking Act of "agency" in of "agency" in the Copeland, (I.K. in the act (5 U.S.C. act (5 U.S.C.§ 7-0632 RL30795) § 562(1)) refers 562(1)) refers to to the definition the definition in in the APA (5 the APA (5 U.S.C. § 551(1)), U.S.C. § 551(1)), which covers which covers each each authority of authority of the the government, government, "whether or not "whether or not it it is within or is within or subject to review subject to review by another by another agency." As agency." As with with the APA, the APA, however, if however, if either either organization were organization strictly advisory were strictly in nature, it would advisory in not be covered.) nature, it would not be covered.) CRS-21 General If the Office of the National Intelligence Director (NID) and National Counterterrorism Center (NCTC) were CRS Management established ... Analyst, Law (location Telephone in CRS Report ... in the Executive Office of the President (EOP), the ... as independent entities, outside the EOP, but in the Number RL30795) NID and the NCTC appear to be: executive branch, the NID and the NCTC appear to be: Covered Not Covered Not Clear Covered Not Covered Not Clear National X (The X (The Harry Environmental requirements in requirements in Steven Policy Act (I.L. 42 U.S.C. § 4332 42 U.S.C. § 4332 Hughes, in RL30795) cover "all cover "all 7-7268 agencies of the agencies of the Federal Federal Government," Government," and which is not other independent defined. It is not agencies are clear whether covered by the "all agencies" act.) includes the EOP.) E-Government X (Section 201 X (Section 201 of Harold C. Act (Titles II, of the act says the act says the Relyea, III, V) (I.M. in the definitions in definitions in the 7-8679; RL30795) the PRA PRA generally Jeffrey W. generally apply, apply, which Seifert, which defines defines "agency" 7-0781 "agency" (44 (44 U.S.C. § U.S.C. § 3502(1)) as 3502(1)) as including virtually including the any establishment EOP.) in the executive branch.) CRS-22 General If the Office of the National Intelligence Director (NID) and National Counterterrorism Center (NCTC) were CRS Management established ... Analyst, Law (location Telephone in CRS Report ... in the Executive Office of the President (EOP), the ... as independent entities, outside the EOP, but in the Number RL30795) NID and the NCTC appear to be: executive branch, the NID and the NCTC appear to be: Covered Not Covered Not Clear Covered Not Covered Not Clear Federal X (The act X (The act John Information amends the PRA, amends the PRA, Moteff, Security which which defines 7-1435 Management specifically "agency" (44 Act of 2002 defines "agency" U.S.C. § 3502) to (I.N. in (44 U.S.C. § include virtually RL30795) 3502) as any establishment including the in the executive EOP.) branch.) Data Quality X (The act X (The act Curtis Act amends the PRA, amends the PRA, Copeland, (Information which which defines 7-0632; Quality Act) specifically "agency" (44 Michael (I.O. in defines "agency" U.S.C. § 3502) to Simpson, RL30795) (44 U.S.C. § include virtually 7-7010 3502) as any establishment including the in the executive EOP.) branch.) CRS-23 General If the Office of the National Intelligence Director (NID) and National Counterterrorism Center (NCTC) were CRS Management established ... Analyst, Law (location Telephone in CRS Report ... in the Executive Office of the President (EOP), the ... as independent entities, outside the EOP, but in the Number RL30795) NID and the NCTC appear to be: executive branch, the NID and the NCTC appear to be: Covered Not Covered Not Clear Covered Not Covered Not Clear Inspector X (The act (5 X (The act (5 Frederick General Act of U.S.C. App., § 11) U.S.C. App., § 11) Kaiser, 1978 (II.A. in lists the specific lists the specific 7-8682 RL30795) departments and departments and agencies that are agencies that are covered; it does covered, and would not include either not include the the EOP and would proposed entities. not include the However, note 50 proposed entities. U.S.C. § 403q However, note 50 establishing an U.S.C. § 403q inspector general establishing an for the CIA.) inspector general for the CIA.) CRS-24 General If the Office of the National Intelligence Director (NID) and National Counterterrorism Center (NCTC) were CRS Management established ... Analyst, Law (location Telephone in CRS Report ... in the Executive Office of the President (EOP), the ... as independent entities, outside the EOP, but in the Number RL30795) NID and the NCTC appear to be: executive branch, the NID and the NCTC appear to be: Covered Not Covered Not Clear Covered Not Covered Not Clear Government X (GPRA X (GPRA defines Genevieve Performance defines "agency" "agency" (5 U.S.C. J. Knezo, and Results Act (5 U.S.C. § § 306(f), 31 U.S.C. 7-6610 of 1993 (II.B. in 306(f), 31 U.S.C. § 1115(f), and 5 RL30795) § 1115(f), and 5 U.S.C. § 105) as U.S.C. § 105) as "an Executive "an Executive department, a department, a Government cor- Government poration, and an corporation, and independent es- an independent tablishment," but establishment," exempts the CIA but exempts the due to its classified CIA due to its activities. P.L. classified 104-293, Sections activities. It is 803 and 808, have not clear if this separate reporting definition requirements for includes the intelligence agen- EOP. OMB may cies. OMB may exempt agencies exempt agencies with annual with annual outlays outlays of $20 of $20 million or million or less.) less.) CRS-25 General If the Office of the National Intelligence Director (NID) and National Counterterrorism Center (NCTC) were CRS Management established ... Analyst, Law (location Telephone in CRS Report ... in the Executive Office of the President (EOP), the ... as independent entities, outside the EOP, but in the Number RL30795) NID and the NCTC appear to be: executive branch, the NID and the NCTC appear to be: Covered Not Covered Not Clear Covered Not Covered Not Clear Clinger-Cohen X (Different X (Provisions of X (Provisions of X (Provisions of Jeffrey W. Act of 1996 provisions of the the act (e.g., 40 the act (e.g., 40 the act that cover Seifert, (II.C. in Clinger-Cohen Act U.S.C. § 1421 et U.S.C. § 1421 et specified 7-0781 RL30795) (e.g., 40 U.S.C. seq.) that cover seq.) that cover an departments or 1425(c)) identify an "executive "independent agencies (e.g., different sets of agency" (defined establishment" CFO Act agencies agencies as being at 40 U.S.C. § (included in the as identified in 31 covered (e.g., 5 1401, which definition of U.S.C. § 901(b)) U.S.C. § 101, 31 points to 41 "executive do not apply to U.S.C. § 901(b)). U.S.C. § 403(1)) agency" defined other independent However, these cover an at 40 U.S.C. § entities in the provisions do not "independent 1401, which executive branch.) indicate that EOP establishment." points to 41 is covered.) It is unclear if an U.S.C. § 403(1)) entity within the would appear to EOP is cover these considered an independent "independent entities.) establishment.") CRS-26 General If the Office of the National Intelligence Director (NID) and National Counterterrorism Center (NCTC) were CRS Management established ... Analyst, Law (location Telephone in CRS Report ... in the Executive Office of the President (EOP), the ... as independent entities, outside the EOP, but in the Number RL30795) NID and the NCTC appear to be: executive branch, the NID and the NCTC appear to be: Covered Not Covered Not Clear Covered Not Covered Not Clear Antideficiency X (The act X (The act covers Virginia Act (III.A. in covers any any "officer or McMurtry, RL30795) "officer or employee of the 7-8678 employee of the United States United States Government" (31 Government" (31 U.S.C. § U.S.C. § 1341(a)(1)), 1341(a)(1)), which presumably which includes presumably independent includes the entities in the EOP.) executive branch.) Budget and X (Unless X (Unless James V. Accounting Act otherwise otherwise Saturno, of 1921 (III.B. provided for, the provided for, the 7-2381 in RL30795) proposed proposed entities' entities' budgets budgets would be would be covered by the act covered by the in the same way act in the same as other way as other independent parts of the entities in the EOP.) executive branch.) CRS-27 General If the Office of the National Intelligence Director (NID) and National Counterterrorism Center (NCTC) were CRS Management established ... Analyst, Law (location Telephone in CRS Report ... in the Executive Office of the President (EOP), the ... as independent entities, outside the EOP, but in the Number RL30795) NID and the NCTC appear to be: executive branch, the NID and the NCTC appear to be: Covered Not Covered Not Clear Covered Not Covered Not Clear Budget and X (The act is X (The act is Bob Lyke, Accounting generally generally 7-7355 Procedures Act applicable to applicable to of 1950 (III.C. federal agencies. federal agencies. in RL30795) However, note However, note 50 50 U.S.C. § U.S.C. § 403j(b) 403j(b) exempting the exempting the CIA from laws CIA from laws and regulations and regulations relating to the relating to the expenditure of expenditure of government government funds.) funds.) Balanced X (This law X (This law Robert Budget and expired at the end expired at the end Keith, Emergency of FY2002.) of FY2002.) 7-8659 Deficit Control Act (III.D. in RL30795) CRS-28 General If the Office of the National Intelligence Director (NID) and National Counterterrorism Center (NCTC) were CRS Management established ... Analyst, Law (location Telephone in CRS Report ... in the Executive Office of the President (EOP), the ... as independent entities, outside the EOP, but in the Number RL30795) NID and the NCTC appear to be: executive branch, the NID and the NCTC appear to be: Covered Not Covered Not Clear Covered Not Covered Not Clear Budget X (These laws X (These laws Robert Enforcement expired at the end expired at the end Keith, Acts of 1990 of FY2002.) of FY2002.) 7-8659; and 1997 (III.E. Bill in RL30795) Heniff, 7-8646 Congressional X (The entities' X (The entities' James V. Budget and budgets would be budgets would be Saturno, Impoundment covered by the covered by the act 7-2381 Act (III.F. in act in the same in the same way RL30795) way as other as other parts of the independent EOP.) entities in the executive branch.) CRS-29 General If the Office of the National Intelligence Director (NID) and National Counterterrorism Center (NCTC) were CRS Management established ... Analyst, Law (location Telephone in CRS Report ... in the Executive Office of the President (EOP), the ... as independent entities, outside the EOP, but in the Number RL30795) NID and the NCTC appear to be: executive branch, the NID and the NCTC appear to be: Covered Not Covered Not Clear Covered Not Covered Not Clear Chief Financial X (The original X (The act lists (in Virginia Officers Act of act listed (in 31 31 U.S.C. § McMurtry, 1990 (III.G. in U.S.C. § 901(b)) 901(b)) the specific 7-8678 RL30795) specific covered departments and departments and agencies that are agencies, but did covered, and would not include the not include these EOP and would entities.) not include the proposed entities. However, the EOP has a statutory CFO (31 U.S.C. § 901(c)(1)-(4)), distinct from the original CFO Act agencies. The authority and functions of the EOP CFO are at the discretion of the President.) CRS-30 General If the Office of the National Intelligence Director (NID) and National Counterterrorism Center (NCTC) were CRS Management established ... Analyst, Law (location Telephone in CRS Report ... in the Executive Office of the President (EOP), the ... as independent entities, outside the EOP, but in the Number RL30795) NID and the NCTC appear to be: executive branch, the NID and the NCTC appear to be: Covered Not Covered Not Clear Covered Not Covered Not Clear Government X (Certain X (The financial X (Certain X (The financial Virginia Management provisions of the reporting provisions of the reporting McMurtry, Reform Act of act (e.g., direct requirements in act (e.g., direct requirements in 7-8678 1994 (III.H. in deposit of federal section 405 cover deposit of federal section 405 cover RL30795) wage, salary, and only agencies wage, salary, and only agencies retirement listed in 31 U.S.C. retirement listed in 31 U.S.C. payments) cover § 901(b). The EOP payments) cover § 901(b). The all agencies, is not listed, nor all agencies, proposed entities including the would the including the would not be EOP.) proposed entities independent listed.) be listed.) entities.) Accountability X (Definition of X (Definition of a Virginia of Tax Dollars a "covered "covered McMurtry, Act of 2002 executive executive agency" 7-8678 (III.I. in agency" (31 (31 U.S.C. § RL30795) U.S.C. § 3515(f)) 3515(f)) indicates suggests that the that the act would act would cover cover the the proposed proposed entities.) entities in the EOP, but ultimately is unclear. CRS-31 General If the Office of the National Intelligence Director (NID) and National Counterterrorism Center (NCTC) were CRS Management established ... Analyst, Law (location Telephone in CRS Report ... in the Executive Office of the President (EOP), the ... as independent entities, outside the EOP, but in the Number RL30795) NID and the NCTC appear to be: executive branch, the NID and the NCTC appear to be: Covered Not Covered Not Clear Covered Not Covered Not Clear Federal X (The act refers to X (The act refers to Frederick Managers' the definition of the definition of Kaiser, Financial "agency" in 31 "agency" in 31 7-8682 Integrity Act of U.S.C. § 901(b), U.S.C. § 901(b), 1982 (III.J. in which lists specific which lists specific RL30795) agencies that are agencies that are covered and does covered and would not include either not include the the EOP or these proposed entities.) proposed entities.) Federal X (This act covers X (This act covers Virginia Financial only CFO Act only CFO Act McMurtry, Management agencies (see 31 agencies (see 31 7-8678 Improvement U.S.C. § 901(b)), U.S.C. § 901(b)), Act of 1996 which do not which would not (III.K. in include either the include the RL30795) EOP or these proposed entities.) proposed entities.) CRS-32 General If the Office of the National Intelligence Director (NID) and National Counterterrorism Center (NCTC) were CRS Management established ... Analyst, Law (location Telephone in CRS Report ... in the Executive Office of the President (EOP), the ... as independent entities, outside the EOP, but in the Number RL30795) NID and the NCTC appear to be: executive branch, the NID and the NCTC appear to be: Covered Not Covered Not Clear Covered Not Covered Not Clear Federal Credit X (The act (2 X (The act (2 James Reform Act of U.S.C. § 661a) U.S.C. § 661a) Bickley, 1990 covers any covers any 7-7794 (III.L. in "disbursement of "disbursement of RL30795) funds by the funds by the Government to a Government to a non-Federal non-Federal borrower under a borrower under a contract that contract that requires requires repayment of repayment of such such funds with funds with or or without without interest." interest." Therefore it Therefore it appears to cover appears to cover such activities by such activities independent within the EOP.) entities within the executive branch.) CRS-33 General If the Office of the National Intelligence Director (NID) and National Counterterrorism Center (NCTC) were CRS Management established ... Analyst, Law (location Telephone in CRS Report ... in the Executive Office of the President (EOP), the ... as independent entities, outside the EOP, but in the Number RL30795) NID and the NCTC appear to be: executive branch, the NID and the NCTC appear to be: Covered Not Covered Not Clear Covered Not Covered Not Clear Federal Claims X (The statutes X (The statutes Thomas Collection Act broadly cover broadly cover Nicola, of 1966; Debt "executive, "executive, 7-5004 Collection Act legislative, and legislative, and of 1982; Debt judicial judicial agencies," Collection agencies," but it so they appear to Improvement is unclear cover independent Act of 1996 whether this entities within the (III.M., III.N., includes executive branch.) and III.P. in elements of the RL30795) EOP.) (These statutes have been combined because the 1982 and 1996 acts amend the 1966 act.) CRS-34 General If the Office of the National Intelligence Director (NID) and National Counterterrorism Center (NCTC) were CRS Management established ... Analyst, Law (location Telephone in CRS Report ... in the Executive Office of the President (EOP), the ... as independent entities, outside the EOP, but in the Number RL30795) NID and the NCTC appear to be: executive branch, the NID and the NCTC appear to be: Covered Not Covered Not Clear Covered Not Covered Not Clear Federal Debt X (This statute X (This statute Thomas Collection broadly covers broadly covers Nicola, Procedures Act any "agency, any "agency, 7-5004 of 1990 (III.O. department, department, in RL30795) commission, commission, board, or other board, or other entity of the U.S. entity of the U.S. or an or an instrumentality instrumentality of of the U.S.," but the U.S.") it is unclear whether this includes elements of the EOP.) CRS-35 General If the Office of the National Intelligence Director (NID) and National Counterterrorism Center (NCTC) were CRS Management established ... Analyst, Law (location Telephone in CRS Report ... in the Executive Office of the President (EOP), the ... as independent entities, outside the EOP, but in the Number RL30795) NID and the NCTC appear to be: executive branch, the NID and the NCTC appear to be: Covered Not Covered Not Clear Covered Not Covered Not Clear Improper X (This act X (This act covers Virginia Payments covers "executive McMurtry, Information Act "executive agencies" per 31 7-8678 of 2002 (III.Q. agencies" per 31 U.S.C. § 102, in RL30795) U.S.C. § 102, which broadly which broadly defines the term defines the term as a "department, as a "department, agency, or agency, or instrumentality" instrumentality" of the U.S. of the U.S. government.) government, but it is not clear whether this includes the EOP.) CRS-36 General If the Office of the National Intelligence Director (NID) and National Counterterrorism Center (NCTC) were CRS Management established ... Analyst, Law (location Telephone in CRS Report ... in the Executive Office of the President (EOP), the ... as independent entities, outside the EOP, but in the Number RL30795) NID and the NCTC appear to be: executive branch, the NID and the NCTC appear to be: Covered Not Covered Not Clear Covered Not Covered Not Clear Cash X (This act X (This act covers Steven Management covers "executive Maguire, Improvement "executive agencies" per 31 7-7841 Act of 1990 agencies" per 31 U.S.C. § 102, (III.R. in U.S.C. § 102, which broadly RL30795) which broadly defines the term defines the term as a "department, as a "department, agency, or agency, or instrumentality" instrumentality" of the U.S. of the U.S. government.) government, but it is not clear whether this includes the EOP.) CRS-37 General If the Office of the National Intelligence Director (NID) and National Counterterrorism Center (NCTC) were CRS Management established ... Analyst, Law (location Telephone in CRS Report ... in the Executive Office of the President (EOP), the ... as independent entities, outside the EOP, but in the Number RL30795) NID and the NCTC appear to be: executive branch, the NID and the NCTC appear to be: Covered Not Covered Not Clear Covered Not Covered Not Clear User Fee Act of X (This act X (This act covers Frederick 1951 (III.S. in covers "executive Kaiser, RL30795) "executive agencies" per 31 7-8682 agencies" per 31 U.S.C. § 102, U.S.C. § 102, which broadly which broadly defines the term defines the term as a "department, as a "department, agency, or agency, or instrumentality" instrumentality" of the U.S. of the U.S. government.) government, but it is not clear whether this includes the EOP.) Government X (This act (31 X (This act (31 Kevin Corporation U.S.C. § 9101) U.S.C. § 9101) Kosar, Control Act covers government covers government 7-3968 (IV.A. in corporations, corporations, RL30795) which does not which does not include entities include within the EOP.) independent entities in the executive branch.) CRS-38 General If the Office of the National Intelligence Director (NID) and National Counterterrorism Center (NCTC) were CRS Management established ... Analyst, Law (location Telephone in CRS Report ... in the Executive Office of the President (EOP), the ... as independent entities, outside the EOP, but in the Number RL30795) NID and the NCTC appear to be: executive branch, the NID and the NCTC appear to be: Covered Not Covered Not Clear Covered Not Covered Not Clear Reorganization X (Reorganization X (Reorganization Henry Act of 1977, as authority expired authority expired Hogue, Amended in 1984 and would in 1984 and would 7-0642 (IV.B. in therefore not be in therefore not be in RL30795) effect.) effect.) Federal X (The act (5 X (The act (5 Morton Vacancies U.S.C. § 3345) U.S.C. § 3345) Rosenberg, Reform Act of covers all advice covers all advice 7-7480 1998 (IV.C. in and consent and consent RL30795) positions, and positions.) specifically mentions the EOP.) CRS-39 General If the Office of the National Intelligence Director (NID) and National Counterterrorism Center (NCTC) were CRS Management established ... Analyst, Law (location Telephone in CRS Report ... in the Executive Office of the President (EOP), the ... as independent entities, outside the EOP, but in the Number RL30795) NID and the NCTC appear to be: executive branch, the NID and the NCTC appear to be: Covered Not Covered Not Clear Covered Not Covered Not Clear Public X (The act X (The act covers Stephanie Buildings Act covers "executive Smith, (V.A. in "executive agencies," which 7-8674 RL30795) agencies," which is defined (40 is defined (40 U.S.C. § 3301) as U.S.C. § 3301) an executive as an executive department or department or independent independent establishment in establishment in the executive the executive branch of the branch of the federal federal government.) government. It is unclear whether this includes the EOP.) CRS-40 General If the Office of the National Intelligence Director (NID) and National Counterterrorism Center (NCTC) were CRS Management established ... Analyst, Law (location Telephone in CRS Report ... in the Executive Office of the President (EOP), the ... as independent entities, outside the EOP, but in the Number RL30795) NID and the NCTC appear to be: executive branch, the NID and the NCTC appear to be: Covered Not Covered Not Clear Covered Not Covered Not Clear Federal X (The act (40 X (The act (40 Stephanie Acquisition U.S.C. § 102) U.S.C. § 102) Smith, Streamlining defines an defines an 7-8674 Act (V.B. in executive agency executive agency RL30795) as an executive as including department or independent independent establishments.) establishment, or a wholly owned government corporation. It does not indicate that the EOP is included.) CRS-41 General If the Office of the National Intelligence Director (NID) and National Counterterrorism Center (NCTC) were CRS Management established ... Analyst, Law (location Telephone in CRS Report ... in the Executive Office of the President (EOP), the ... as independent entities, outside the EOP, but in the Number RL30795) NID and the NCTC appear to be: executive branch, the NID and the NCTC appear to be: Covered Not Covered Not Clear Covered Not Covered Not Clear Federal X (The act X (The act defines Elaine Activities defines covered covered Halchin, Inventory "agencies" by "agencies" by 7-0646 Reform (FAIR) referring to 5 referring to, e.g., Act of 1998 U.S.C. § 104 on 5 U.S.C. § 104 (V.C. in independent (GAO and RL30795) establishments, independent but excludes the establishments Government other than the Accountability Postal Service and Office (GAO), the Postal Rate government Commission), but corporations, and specifically others. It is excludes GAO, unclear if an government entity within the corporations, and EOP is others. Therefore, considered an if the proposed "independent entities were establishment.") independent agencies, they would appear to be covered by the act.) CRS-42 General If the Office of the National Intelligence Director (NID) and National Counterterrorism Center (NCTC) were CRS Management established ... Analyst, Law (location Telephone in CRS Report ... in the Executive Office of the President (EOP), the ... as independent entities, outside the EOP, but in the Number RL30795) NID and the NCTC appear to be: executive branch, the NID and the NCTC appear to be: Covered Not Covered Not Clear Covered Not Covered Not Clear Services X (The act X (The act defines Elaine Acquisition defines the term the term Halchin, Reform Act "executive "executive 7-0646 (SARA) of agency" by agency" by 2003 (V.D. in referring to 5 referring to 5 RL30795) U.S.C. § 101, § U.S.C. 104(1) 102, and § (independent 104(1) establishments), (independent which appears to establishments), include and wholly independent owned agencies in the corporations executive branch.) subject to Chapter 91of Title 31. It is unclear if an entity within the EOP would be considered an "independent establishment.") CRS-43 General If the Office of the National Intelligence Director (NID) and National Counterterrorism Center (NCTC) were CRS Management established ... Analyst, Law (location Telephone in CRS Report ... in the Executive Office of the President (EOP), the ... as independent entities, outside the EOP, but in the Number RL30795) NID and the NCTC appear to be: executive branch, the NID and the NCTC appear to be: Covered Not Covered Not Clear Covered Not Covered Not Clear Competition in X (The act (41 X (The act (41 Michael Contracting Act U.S.C. § 252) U.S.C. § 252) Seitzinger, (V.E. in directs directs "executive 7-7895 RL30795) "executive agencies" to make agencies" to purchases and make purchases contracts for and contracts for services in services in accordance with accordance with its provisions.) its provisions. It is not clear whether this definition includes the EOP.) CRS-44 General If the Office of the National Intelligence Director (NID) and National Counterterrorism Center (NCTC) were CRS Management established ... Analyst, Law (location Telephone in CRS Report ... in the Executive Office of the President (EOP), the ... as independent entities, outside the EOP, but in the Number RL30795) NID and the NCTC appear to be: executive branch, the NID and the NCTC appear to be: Covered Not Covered Not Clear Covered Not Covered Not Clear Davis-Bacon X (The act X (The act William Act (V.F. in generally covers generally covers Whittaker, RL30795) all contracts in all contracts in 7-7759; excess of $2,000 excess of $2,000 Morton to which the to which the Rosenberg, federal federal 7-7480 government is a government is a party. However, party. However, the act may not the act may not cover instances cover instances when funds are when funds are channeled channeled through through a non- a non-federal federal entity entity (e.g., a state (e.g., a state revolving fund). revolving fund). Also, the Also, the President can President can suspend the act suspend the act during a during a "national "national emergency" (not emergency" (not defined). defined). CRS-45 General If the Office of the National Intelligence Director (NID) and National Counterterrorism Center (NCTC) were CRS Management established ... Analyst, Law (location Telephone in CRS Report ... in the Executive Office of the President (EOP), the ... as independent entities, outside the EOP, but in the Number RL30795) NID and the NCTC appear to be: executive branch, the NID and the NCTC appear to be: Covered Not Covered Not Clear Covered Not Covered Not Clear Walsh-Healey X (The act (41 X (The act covers William Act (V.F. in U.S.C. § 35) any "agency or Whittaker, RL30795) indicates that it instrumentality of 7-7759; covers (among the United Morton others) any States," so it Rosenberg, "agency or would likely 7-7480 instrumentality cover the of the United proposed entities. States." However, the act However, it may does not cover not be fully clear certain types of whether entities purchases, and within the EOP may not cover are covered.) instances when funds are channeled through a non-federal entity or when requirements "will seriously impair the conduct of Government business.") CRS-46 General If the Office of the National Intelligence Director (NID) and National Counterterrorism Center (NCTC) were CRS Management established ... Analyst, Law (location Telephone in CRS Report ... in the Executive Office of the President (EOP), the ... as independent entities, outside the EOP, but in the Number RL30795) NID and the NCTC appear to be: executive branch, the NID and the NCTC appear to be: Covered Not Covered Not Clear Covered Not Covered Not Clear McNamara- X (The act (41 X (The act (41 William O'Hara Service U.S.C. § 351) U.S.C. § 351) Whittaker, Contract Act generally covers generally covers 7-7759; (V.F. in all contracts in all contracts in Morton RL30795) excess of $2,500 excess of $2,500 Rosenberg, entered into by entered into by 7-7480 the United the United States, States, "the "the principal principal purpose purpose of which of which is to is to furnish furnish services services in the in the United United States States through through the use of the use of service service employees." employees." CRS-47 General If the Office of the National Intelligence Director (NID) and National Counterterrorism Center (NCTC) were CRS Management established ... Analyst, Law (location Telephone in CRS Report ... in the Executive Office of the President (EOP), the ... as independent entities, outside the EOP, but in the Number RL30795) NID and the NCTC appear to be: executive branch, the NID and the NCTC appear to be: Covered Not Covered Not Clear Covered Not Covered Not Clear Prompt X (The definition X (The definition John Payment Act of "agency" in of "agency" in the Luckey, (V.G. in the act refers to act refers to the 7-7897 RL30795) the definition in definition in the the APA (5 APA (5 U.S.C. § U.S.C. § 551(1)), 551(1)), which which covers covers each each authority of authority of the the government, government, "whether or not "whether or not it it is within or is within or subject to review subject to review by another by another agency." As agency." As with with the APA, the APA, however, if however, if either either organization were organization strictly advisory were strictly in nature, it would advisory in not be covered.) nature, it would not be covered.) CRS-48 General If the Office of the National Intelligence Director (NID) and National Counterterrorism Center (NCTC) were CRS Management established ... Analyst, Law (location Telephone in CRS Report ... in the Executive Office of the President (EOP), the ... as independent entities, outside the EOP, but in the Number RL30795) NID and the NCTC appear to be: executive branch, the NID and the NCTC appear to be: Covered Not Covered Not Clear Covered Not Covered Not Clear Ethics in X (The financial X (The financial Mildred Government disclosure disclosure Amer, Act (VII.B. in requirements in requirements in 7-8304 RL30795) the act (5 U.S.C. the act (5 U.S.C. App.) generally App.) generally cover each cover each officer officer or or employee in employee in the the executive executive branch branch above GS- above GS-15 in 15 in the General the General Schedule (or Schedule (or equivalent).) equivalent).) Ethics Reform X (The act X (The act Mildred Act of 1989 amended the amended the Amer, (VII.C. in Ethics in Ethics in 7-8304 RL30795) Government Act, Government Act, so its coverage is so its coverage is the same as the same as above.) above.) CRS-49 General If the Office of the National Intelligence Director (NID) and National Counterterrorism Center (NCTC) were CRS Management established ... Analyst, Law (location Telephone in CRS Report ... in the Executive Office of the President (EOP), the ... as independent entities, outside the EOP, but in the Number RL30795) NID and the NCTC appear to be: executive branch, the NID and the NCTC appear to be: Covered Not Covered Not Clear Covered Not Covered Not Clear Lobbying with X (The act (18 X (The act (18 Louis Appropriated U.S.C. § 1913) U.S.C. § 1913) Fisher, Monies Act generally covers generally covers 7-8676 (VII.D. in "money "money RL30795) appropriated by appropriated by any enactment of any enactment of Congress." Congress." Therefore, it Therefore, it appears to cover appears to cover entities within independent the EOP as long entities within the as they receive executive branch appropriated as long as they funds.) receive appropriated funds.) CRS-50 General If the Office of the National Intelligence Director (NID) and National Counterterrorism Center (NCTC) were CRS Management established ... Analyst, Law (location Telephone in CRS Report ... in the Executive Office of the President (EOP), the ... as independent entities, outside the EOP, but in the Number RL30795) NID and the NCTC appear to be: executive branch, the NID and the NCTC appear to be: Covered Not Covered Not Clear Covered Not Covered Not Clear Federal Tort X (The act (28 X (The act (28 Henry Claims Act U.S.C. § 2671) U.S.C. § 2671) Cohen, (VII.E. in covers a wide covers 7-7892 RL30795) range of entities, "independent including establishments" of "executive the U.S. departments" and government.) "independent establishments of the United States," but is not clear about whether the EOP falls within these categories.) ------------------------------------------------------------------------------ For other versions of this document, see http://wikileaks.org/wiki/CRS-RL32592