General Management Laws and the 9/11 Commission's Proposed Office of National Intelligence Director (NID) and National Counterterrorism Center (NCTC)
Abstract
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 that the NCTC should report to the NID. 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. 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.
Document Details
- Document Type
- Technical Report
- Publication Date
- Sep 21, 2004
- Accession Number
- ADA520634
Entities
People
- Clinton T. Brass
- Curtis W. Copeland
Organizations
- Library of Congress