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)
September 21, 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. 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
1U.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, several Members of Congress have introduced legislation that would
establish a position of Director of National Intelligence, or would strengthen the
authority of the Director of Central Intelligence.8
2Ibid., p. 411.
3Ibid., p. 412.
4Ibid., p. 414.
5Ibid., p. 403.
6Ibid., p. 405.
7This report identifies legislation introduced or announced as of Sept. 15, 2004. For a
discussion of this debate, see CRS Report RL32506, The Position of Director of National
Intelligence: Issues for Congress, by Alfred Cumming. See also CRS Report RL32501,
9/11 Commission Recommendations: New Structures and Organization, by Harold C.
Relyea.
8See, for example, S. 2645 (107th Cong.), introduced June 19, 2002. For legislation in the
108th Congress, see S. 6, introduced on January 7, 2003; S. 190, introduced on January 17,
(continued...)

---

CRS-3
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.9 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.
A news report stated that a “leadership bill” will be introduced by the end of
September, reportedly by Speaker of the House J. Dennis Hastert.10
On September 15, 2004, Chairman Susan Collins and Ranking Member Joseph
Lieberman of the Senate Committee on Governmental Affairs announced legislation
to “reform the Executive Branch of the nation’s intelligence community.”11
According to a fact sheet, the proposed entities would be placed in a National
Intelligence Authority, not within the EOP.12 Other legislation designed to establish
the NID and the NCTC continues to be introduced.
On August 27, 2004, President George W. Bush issued Executive Order 13355,
which was intended to strengthen the position of the Director of Central
8(...continued)
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.
9According 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.
10Ibid.
11For the press release, see [http://www.senate.gov/~gov_affairs/index.cfm?Fuseaction=
PressReleases.Detail&PressRelease_id=796&Month=9&Year=2004&Affiliation=R], visited
Sept. 20, 2004.
12See [http://www.senate.gov/~govt-aff/_files/091504billsummary.pdf], p. 2, visited Sept.
20, 2004.

---

CRS-4
Intelligence.13 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.”14 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.15
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 — i.e., whether (1) 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
13Executive Order 13355, “Strengthened Management of the Intelligence Community,” 69
Federal Register 53593, Sept. 1, 2004.
14Executive Order 13354, “National Counterterrorism Center,” 69 Federal Register 53589,
Sept. 1, 2004.
15CRS 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
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.16 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.
16Some 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.”17 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
175 U.S.C. § 551(1).

---

CRS-7
substantial independent authority in the exercise of specific functions.”18 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.”19 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.”20
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.21
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)).22 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.
18Soucie v. David, 448 F.2d 1067, 1073 (1971).
195 U.S.C. § 552(f)(1).
20Meyer v. Bush, 981 F.2d 1288, 1297 (D.C. Cir. 1993).
21This standard is likewise applicable to the Privacy Act, which incorporates the definition
of “agency” as used in FOIA.
22GPRA 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.23
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.
23As 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.)

---