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• Presidential Directives: Background and Overview [Updated January 7, 2005]

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  "From the earliest days of the federal government, Presidents, exercising magisterial or executive power not unlike that of a monarch, from time to time have issued directives establishing new policy, decreeing the commencement or cessation of some action or ordaining that notice be given to some declaration. The instruments used by Presidents in these regards have come to be known by various names, and some have prescribed forms and purposes. Executive orders and proclamations are probably two of the best-known types, largely because of their long-standing use and publication in the Federal Register and the Code of Federal Regulations. Others are less familiar, some because they are cloaked in official secrecy. There is, as well, the oral presidential directive, the sense of which is captured in an announcement that records what the President has prescribed or instructed. This report provides an overview of the different kinds of directives that have primarily been utilized by twentieth-century Presidents. Presenting background on the historical development, accounting, use, and effect of such directives, it will be updated as events suggest."

  Library of Congress. Congressional Research Service

  Relyea, Harold

  2005-01-07
• Presidential Advisers' Testimony before Congressional Committees: A Brief [Updated April 14, 2004]

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  "Since the beginning of the federal government, Presidents have called upon executive branch officials to provide them with advice regarding matters of policy and administration. While Cabinet members were among the first to play such a role, the creation of the Executive Office of the President (EOP) in 1939 and the various agencies located within that structure resulted in a large increase the number and variety of presidential advisers. All senior staff members of the White House Office and the leaders of the various EOP agencies and instrumentalities could be said to serve as advisers to the President. Occasionally, these executive branch officials playing a presidential advisory role have been called upon to testify before congressional committees and subcommittees. Sometimes, such invited appearances have been prompted by allegations of personal misconduct on the part of the official, but they have also included instances when accountability for policy-making and administrative or managerial actions have instigated the request for testimony. Because such appearances before congressional committees or subcommittees seemingly could result in demands for advice proffered to the President, or the disclosure- inadvertent or otherwise- of such advice, there has been resistance, from time to time, by the Chief Executive to allowing such testimony. Congress has a constitutionally rooted right of access to the information it needs to perform its Article I legislative and oversight functions. Generally, a congressional committee with jurisdiction over the subject matter, which is conducting an authorized investigation for legislative or oversight purposes, has a right to information held by the executive branch in the absence of either a valid claim of constitutional privilege by the executive or a statutory provision whereby Congress has limited its constitutional right to information. A congressional committee may request (informally, or by a letter from the committee chair, perhaps co-signed by the ranking Member) or demand (pursuant to subpoena) the testimony of a presidential adviser. However, Congress may encounter legal and political problems in attempting to enforce a subpoena to a presidential adviser. Conflicts concerning congressional requests or demands for executive branch testimony or documents often involve extensive negotiations and may be resolved by some form of compromise as to, inter alia, the scope of the testimony or information to be provided to Congress."

  Library of Congress. Congressional Research Service

  Relyea, Harold; Shampansky, Jay R.

  2004-04-14
• Presidential Advisers' Testimony before Congressional Committees: An Overview [Updated August 6, 2007]

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  "Since the beginning of the federal government, Presidents have called upon executive branch officials to provide them with advice regarding matters of policy and administration. While Cabinet members were among the first to play such a role, the creation of the Executive Office of the President (EOP) in 1939 and the various agencies located within that structure resulted in a large increase in the number and variety of presidential advisers. All senior staff members of the White House Office and the leaders of the various EOP agencies and instrumentalities could be said to serve as advisers to the President. Occasionally, these executive branch officials playing a presidential advisory role have been called upon to testify before congressional committees and subcommittees. Sometimes, such invited appearances have been prompted by allegations of personal misconduct on the part of the official, but they have also included instances when accountability for policymaking and administrative or managerial actions have instigated the request for testimony. Because such appearances before congressional committees or subcommittees seemingly could result in demands for advice proffered to the President, or the disclosure-inadvertent or otherwise-of such advice, there has been resistance, from time to time, by the Chief Executive to allowing such testimony. Congress has a constitutionally rooted right of access to the information it needs to perform its Article I legislative and oversight functions."

  Library of Congress. Congressional Research Service

  Relyea, Harold; Tatelman, Todd

  2007-08-06
• Presidential Advisers' Testimony Before Congressional Committees: An Overview [Updated March 17, 2008]

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  "Since the beginning of the federal government, Presidents have called upon executive branch officials to provide them with advice regarding matters of policy and administration. While Cabinet members were among the first to play such a role, the creation of the Executive Office of the President (EOP) in 1939 and the various agencies located within that structure resulted in a large increase in the number and variety of presidential advisers. All senior staff members of the White House Office and the leaders of the various EOP agencies and instrumentalities could be said to serve as advisers to the President. Occasionally, these executive branch officials playing a presidential advisory role have been called upon to testify before congressional committees and subcommittees. Sometimes, such invited appearances have been prompted by allegations of personal misconduct on the part of the official, but they have also included instances when accountability for policymaking and administrative or managerial actions have instigated the request for testimony. Because such appearances before congressional committees or subcommittees seemingly could result in demands for advice proffered to the President, or the disclosure--inadvertent or otherwise--of such advice, there has been resistance, from time to time, by the Chief Executive to allowing such testimony. Congress has a constitutionally rooted right of access to the information it needs to perform its Article I legislative and oversight functions."

  Library of Congress. Congressional Research Service

  Relyea, Harold; Tatelman, Todd

  2008-03-17
• Presidential Advisers' Testimony before Congressional Committees: An Overview [Updated April 10, 2007]

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  "Since the beginning of the federal government, Presidents have called upon executive branch officials to provide them with advice regarding matters of policy and administration. While Cabinet members were among the first to play such a role, the creation of the Executive Office of the President (EOP) in 1939 and the various agencies located within that structure resulted in a large increase in the number and variety of presidential advisers. All senior staff members of the White House Office and the leaders of the various EOP agencies and instrumentalities could be said to serve as advisers to the President. Occasionally, these executive branch officials playing a presidential advisory role have been called upon to testify before congressional committees and subcommittees. Sometimes, such invited appearances have been prompted by allegations of personal misconduct on the part of the official, but they have also included instances when accountability for policymaking and administrative or managerial actions have instigated the request for testimony. Because such appearances before congressional committees or subcommittees seemingly could result in demands for advice proffered to the President, or the disclosure - inadvertent or otherwise - of such advice, there has been resistance, from time to time, by the Chief Executive to allowing such testimony."

  Library of Congress. Congressional Research Service

  Relyea, Harold; Tatelman, Todd

  2007-04-10
• Privacy and Civil Liberties Oversight Board: 109th Congress Proposed Refinements [Updated May 16, 2005]

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  "Among the recommendations made by the National Commission on Terrorist Attacks Upon the United States (9/11 Commission) in its final report was the creation of a board within the executive branch to oversee adherence to guidelines on, and the commitment to defend, civil liberties by the federal government. This report examines the realization of this recommendation with the creation of the Privacy and Civil Liberties Oversight Board, and efforts in the 109th Congress to refine the mandate and the mission of the board (H.R. 1310). This report will be updated as events warrant."

  Library of Congress. Congressional Research Service

  Relyea, Harold

  2005-05-16
• Privacy and Civil Liberties Oversight Board: New Independent Agency Status [July 21, 2008]

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  "Recommended by the National Commission on Terrorist Attacks Upon the United States (9/11 Commission), the Privacy and Civil Liberties Oversight Board (PCLOB) was initially established as an agency within the Executive Office of the President (EOP) in 2004. Critics, however, maintained that the board appeared to be a presidential appendage, devoid of the capability to exercise independent judgment and assessment or to provide impartial findings and recommendations. This viewpoint gained acceptance in the 110th Congress when the PCLOB was reconstituted as an independent agency within the executive branch by the Implementing Recommendations of the 9/11 Commission Act (IR9/11CA), signed into law on August 6, 2007. Monitoring the transition of the PCLOB to, and its initial operations in, its new independent status, this report will be updated as events warrant."

  Library of Congress. Congressional Research Service

  Relyea, Harold

  2008-07-21
• Privacy and Civil Liberties Oversight Board: 109th Congress Proposed Refinements [March 11, 2005]

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  "Among the recommendations made by the National Commission on Terrorist Attacks Upon the United States (9/11 Commission) in its final report was the creation of a board within the executive branch to oversee adherence to guidelines on, and the commitment to defend, civil liberties by the federal government. This report examines the realization of this recommendation with the creation of the Privacy and Civil Liberties Oversight Board, and efforts in the 109th Congress to refine the mandate and the mission of the board. This report will be updated as events warrant."

  Library of Congress. Congressional Research Service

  Relyea, Harold

  2005-03-11
• Presidential Directives: Background and Overview [Updated April 23, 2007]

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  "From the earliest days of the federal government, Presidents, exercising magisterial or executive power not unlike that of a monarch, from time to time have issued directives establishing new policy, decreeing the commencement or cessation of some action, or ordaining that notice be given to some declaration. The instruments used by Presidents in these regards have come to be known by various names, and some have prescribed forms and purposes. Executive orders and proclamations are probably two of the best-known types, largely because of their long-standing use and publication in the 'Federal Register' and the 'Code of Federal Regulations'. Others are less familiar, some because they are cloaked in official secrecy. There is, as well, the oral presidential directive, the sense of which is captured in an announcement that records what the President has prescribed or instructed. This report provides an overview of the different kinds of directives that have primarily been utilized by 20th century Presidents. Presenting background on the historical development, accounting, use, and effect of such directives, it will be updated as events suggest."

  Library of Congress. Congressional Research Service

  Relyea, Harold

  2007-04-23
• Executive Branch Reorganization and Management Initiatives [Updated April 4, 2003]

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  This issue brief views reorganization and management as involving the alteration of the administrative structure and operations of the executive branch for reasons of efficiency, economy, and effectiveness.

  Library of Congress. Congressional Research Service

  Relyea, Harold

  2003-04-04
• Privacy Act: Emerging Issues and Related Legislation [Updated February 26, 2002]

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  The Privacy Act of 1974 represents an attempt by Congress to legislate several aspects of personal privacy protection as it relates to federal agency operations and practices. These aspects cover areas ranging from sustaining traditional privacy principles, records held by federal agencies, and the right to fair information practices. Since its enactment, the Privacy Act has been amended on six occasions; actions in 1988 and 1990 establishing new procedures and data protection boards for computer matching are generally seen as being the most significant. Of late, new issues have arisen concerning these matters and some long-prevailing concerns. This report reviews the background and development of the statute, its current provisions, and emerging issues pertaining to it.

  Library of Congress. Congressional Research Service

  Relyea, Harold

  2002-02-26
• Homeland Security: Department Organization and Management - Implementation [Updated April 28, 2004]

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  "After substantial congressional entreatment, President George W. Bush gave impetus to the creation of a Department of Homeland Security when, on June 6, 2002, he proposed the establishment of such an entity by the 107th Congress. The President transmitted his department proposal to the House of Representatives on June 18, where it was subsequently introduced by request (H.R. 5005). The House approved the bill in amended form on July 26. The Senate did not begin consideration of the legislation until after the August congressional recess. Senate deliberations on the matter were slower due to partisan and parliamentary factors as well as a few highly contentious issues, such as the civil service protections and collective bargaining rights of the employees of the new department. When both houses of Congress reconvened after the fall elections, a new, compromise department bill was introduced in the House (H.R. 5710), which considered and adopted the measure on November 13. Six days later, the Senate approved the original House bill (H.R. 5005), as modified with the language of the compromise legislation (H.R. 5710), which had been offered as an amendment. The House cleared the Senate-passed measure for the President's signature (P.L. 107-296; 116 Stat. 2135). Ultimately, President Bush largely obtained what he wanted in the legislation mandating the department. Overseeing the implementation of the legislation mandating the new Department of Homeland Security, and possibly refining it and making some technical modifications, is within the purview of the 108th Congress. Some legislators, for example, want to eliminate provisions protecting manufacturers from liability lawsuits, broaden the criteria for the creation of university-based centers for homeland security, and make the department subject to the Federal Advisory Committee Act (H.R. 237, H.R. 484, S. 6, S. 28, S. 41, S. 105). The department's charter also contains some contradictory provisions, such as those concerning the appointment of an officer for civil rights and civil liberties. Other implementation issues include Senate confirmation of presidential nominees for department leadership positions, creation of initial budgets for the new department, and assessing the various reports to Congress required of the new department. This report will be updated as events recommend during the 108th Congress. CRS Report RL31148, Homeland Security: The Presidential Coordination Office, assesses the operations and status of the Office of Homeland Security; CRS Report RL31493, Homeland Security: Department Organization and Management- Legislative Phase, assesses the development and enactment of the Homeland Security Act of 2002."

  Library of Congress. Congressional Research Service

  Relyea, Harold

  2004-04-28
• Homeland Security: Department Organization and Management - Implementation Phase [Updated March 5, 2003]

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  This report highlights some of the "nuts and bolts" of implementing the Homeland Security Department.

  Library of Congress. Congressional Research Service

  Relyea, Harold

  2003-03-05
• Homeland Security: Department Organization and Management - Implementation Phase [Updated February 4, 2004]

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  President George W. Bush gave impetus to the creation of a Department of Homeland Security when, on June 6, 2002, he proposed the establishment of such an entity to the 107th Congress. The President transmitted his department proposal to the House of Representatives on June 18, where it was subsequently introduced by request (H.R. 5005). The House approved the bill in amended form on July 26. Senate deliberations on the matter were slower due to partisan and parliamentary factors as well as a few highly contentious issues, such as the civil service protections and collective bargaining rights of the employees of the new department. Ultimately, President Bush largely obtained what he wanted in the legislation mandating the department. Overseeing the implementation of the legislation mandating the new Department of Homeland Security, and possibly refining it and making some technical modifications, is within the purview of the 108th Congress. The department's charter also contains apparently contradictory provisions, such as those concerning the appointment of an officer for civil rights and civil liberties. Other implementation issues include Senate confirmation of presidential nominees for department leadership positions, creation of a complete budget for the new department, and assessing the various reports to Congress required of the new department.

  Library of Congress. Congressional Research Service

  Relyea, Harold

  2004-02-04
• National Emergency Powers [Updated November 19, 2021]

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  From the Summary: "The President of the United States has available certain powers that may be exercised in the event that the nation is threatened by crisis, exigency, or emergency circumstances (other than natural disasters, war, or near-war situations). Such powers may be stated explicitly or implied by the Constitution, assumed by the Chief Executive to be permissible constitutionally, or inferred from or specified by statute. Through legislation, Congress has made a great many delegations of authority in this regard over the past 230 years. There are, however, limits and restraints upon the President in his exercise of emergency powers. With the exception of the habeas corpus clause, the Constitution makes no allowance for the suspension of any of its provisions during a national emergency. Disputes over the constitutionality or legality of the exercise of emergency powers are judicially reviewable. Both the judiciary and Congress, as co-equal branches, can restrain the executive regarding emergency powers. So can public opinion. Since 1976, the President has been subject to certain procedural formalities in utilizing some statutorily delegated emergency authority. The National Emergencies Act [...] eliminated or modified some statutory grants of emergency authority, required the President to formally declare the existence of a national emergency and to specify what statutory authority activated by the declaration would be used, and provided Congress a means to countermand the President's declaration and the activated authority being sought. The development of this regulatory statute and subsequent declarations of national emergency are reviewed in this report."

  Library of Congress. Congressional Research Service

  Halchin, L. Elaine; Relyea, Harold

  2021-11-19
• 9/11 Commission Recommendations: New Structures and Organization [Updated September 1, 2004]

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  "Since the terrorist attacks of September 11, 2001, the structures and organization of the federal government have been modified, changed, and adjusted in various ways with a view to better achieving domestic security. Among the more visible entities to have been established in this regard are the Office of Homeland Security, the Department of Homeland Security, and two versions of the Homeland Security Council. The final report of the National Commission on Terrorist Attacks Upon the United States (9/11 Commission), issued on July 22, 2004, held out the possibility of further developments with several recommendations for new entities and the suggested merger of the functions of the current Homeland Security Council into those of the National Security Council. These proposals, offered to address perceived shortcomings concerning civil liberties protection, intelligence development, intelligence community management, and intelligence expertise, are set out in this report, along with some assessment of their implications, and discussion of efforts to implement them. A chronology of developments regarding the recommendations of the 9/11 Commission, including the progress of implementing legislation, is provided at the end of this report, which will be updated as events warrant."

  Library of Congress. Congressional Research Service

  Relyea, Harold

  2004-09-01
• 9/11 Commission Recommendations: A Civil Liberties Oversight Board [Updated December 22, 2004]

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  "Among the recommendations made by the National Commission on Terrorist Attacks Upon the United States (9/11 Commission) in its final report was the creation of a board within the executive branch to oversee adherence to guidelines on, and the commitment to defend, civil liberties by the federal government. This report examines this recommendation and its realization, and will not be updated."

  Library of Congress. Congressional Research Service

  Relyea, Harold

  2004-12-22
• Managing Secrecy: Security Classification Reform - The Government Secrecy Act Proposal [Revised July 8, 1998]

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  From the Document: "The end of the Cold War, heightened interest in effecting greater economy and better management in security classification operations, and the considered recommendations of a national study commission on official secrecy have all contributed to the proposed Government Secrecy Act (H.R. 1546/S. 712), introduced on a bicameral, bipartisan basis to establish, for the first time, a statutory mandate for security classification and declassification. This report follows the development and progress of this legislation and will be updated as events warrant."

  Library of Congress. Congressional Research Service

  Relyea, Harold

  1998-07-08
• Department of Homeland Security Reorganization: The 2SR Initiative [August 19, 2005]

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  From the Document: "In one of his first actions as Secretary of Homeland Security Tom Ridge's successor, Michael Chertoff, on March 2, 2005, the day before he was sworn in as Secretary, announced in testimony before the House Appropriations Subcommittee on Homeland Security that he was 'initiating a comprehensive review of the Department's organization, operations, and policies.' This effort, he said, would begin 'within days.' The results of that undertaking, which came to be known as the Second Stage Review or 2SR, were made public in mid-July. As Secretary Chertoff explained, 2SR involved the evaluation of a variety of operational and policy issues, and among those was 'the DHS organizational structure, to make sure that our organization is best aligned to support our mission.' However, no report on the 2SR process and reforms was issued. This report focuses primarily on the conclusions and proposals resulting from 2SR pertaining to organization and managerial lines of authority matters. Initial issues concern the means for realizing the proposed 2SR reorganization; the efficiencies and effectiveness that will result with the proposed flatter, but more sprawling, restructuring; and how new leadership positions will be established, filled, compensated, and situated in the DHS hierarchy. This report will be updated as events warrant."

  Library of Congress. Congressional Research Service

  Relyea, Harold; Hogue, Henry B.

  2005-08-19
• Disclosure of Security Classified Information [March 10, 2006]

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  "This memorandum responds to a question you asked regarding the disclosure of security classified information...In the past, prior to the current administration, has a Vice President authorized the disclosure of classified information to journalists on a selective basis?...The Vice President appears to have some limited declassification authority. However, it appears that the Vice President is not otherwise authorized to disclose or to direct to or to approve the disclosure of security classified information to persons not authorized to receive it. In view of this situation, it is not surprising that, in reviewing the public record of published sources, no instance was found when, in the past, prior to the current administration, a Vice President authorized the disclosure of security classified information to journalists on a select basis."

  Library of Congress. Congressional Research Service

  Relyea, Harold

  2006-03-10
• Executive Office of the President: An Historical Overview [Updated November 26, 2008]

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  "Established in 1939, the Executive Office of the President (EOP) consists of a group of federal agencies immediately serving the President. Among the oldest of these are the White House Office, where many of the President's personal assistants are located, and the Office of Management and Budget, which was established as the Bureau of the Budget in 1921 and by transfer became one of the original EOP units in 1939. Entities have been placed within the EOP by both presidential action and congressional determination. Some components have endured; others have been brief experiments. Some have been transferred to other quarters of the executive branch; others have been abolished with no successor. In large measure, the tenure and durability of an Executive Office agency is dependent upon its usefulness to the President -- as a managerial or coordinative auxiliary, a national symbol, or a haven of political patronage, among other considerations. This report reviews the particular circumstances of the creation of, and underlying authority for, the Executive Office of the President, and provides profiles of the entities that have been, and still are, located within that enclave."

  Library of Congress. Congressional Research Service

  Relyea, Harold

  2008-11-26
• Access to Government Information in the United States [Updated January 23, 2003]

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  "The Constitution of the United States makes no specific allowance for any one of the co-equal branches to have access to information held by the others and contains no provision expressly establishing a procedure for, or a right of, public access to government information. Nonetheless, Congress has legislated various public access laws. These include two records access statutes--the Freedom of Information Act (5 U.S.C. 552) and the Privacy Act (5 U.S.C. 552a)--and two meetings access statutes--the Federal Advisory Committee Act (5 U.S.C. App.) and the Government in the Sunshine Act (5 U.S.C. 552b). Moreover, due to the American separation of powers model of government, interbranch conflicts over the accessibility of information are neither unexpected nor necessarily destructive. The federal courts, historically, have been reluctant to review and resolve "political questions" involving information disputes between Congress and the executive branch. Although there is considerable interbranch cooperation, such conflicts probably will continue to occur on occasion." -- Summary

  Library of Congress. Congressional Research Service

  Relyea, Harold

  2003-01-23
• Access to Government Information in the United States [Updated January 7, 2005]

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  "The Constitution of the United States makes no specific allowance for any one of the co-equal branches to have access to information held by the others and contains no provision expressly establishing a procedure for, or a right of, public access to government information. Nonetheless, Congress has legislated various public access laws. These include two records access statutes -- the Freedom of Information Act (5 U.S.C. 552) and the Privacy Act (5 U.S.C. 552a) -- and two meetings access statutes -- the Federal Advisory Committee Act (5 U.S.C. App.) and the Government in the Sunshine Act (5 U.S.C. 552b). Moreover, due to the American separation of powers model of government, interbranch conflicts over the accessibility of information are neither unexpected nor necessarily destructive. The federal courts, historically, have been reluctant to review and resolve "political questions" involving information disputes between Congress and the executive branch. Although there is considerable interbranch cooperation, such conflicts probably will continue to occur on occasion."

  Library of Congress. Congressional Research Service

  Relyea, Harold

  2005-01-07
• Terrorist Attacks and National Emergencies Act Declarations [Updated January 7, 2005]

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  "As part of his response to the September 11, 2001, terrorist attacks on the World Trade Center and the Pentagon, President George W. Bush formally declared national emergencies on September 14 and 23 pursuant to the National Emergencies Act. The President's actions follow a long-standing tradition of alerting the nation to a crisis threatening public order and constitutional government. Currently, such declarations also allow the President to make use of activated authority on a selective basis, as appropriate for responding to an emergency. Updated as events recommend, this report chronicles the actions taken by President Bush pursuant to his national emergency declarations, as well the issuance of additional such declarations concerning terrorism."

  Library of Congress. Congressional Research Service

  Relyea, Harold

  2005-01-07
• 9/11 Commission Recommendations: New Structures and Organization [Updated December 28, 2004]

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  "Since the terrorist attacks of September 11, 2001, the structures and organization of the federal government have been modified, changed, and adjusted in various ways with a view to better achieving domestic security. Among the more visible entities to have been established in this regard are the Office of Homeland Security, the Department of Homeland Security, and two versions of the Homeland Security Council. The final report of the National Commission on Terrorist Attacks Upon the United States (9/11 Commission), issued on July 22, 2004, held out the possibility of further developments with several recommendations for new entities and the suggested merger of the functions of the current Homeland Security Council into those of the National Security Council. These proposals, offered to address perceived shortcomings concerning civil liberties protection, intelligence development, intelligence community management, and intelligence expertise, are set out in this report, along with some assessment of their implications, and discussion of efforts to implement them. A chronology of developments regarding the recommendations of the 9/11 Commission, including the progress of implementing legislation (H.R. 10, H.R. 5024, H.R. 5040, H.R. 5050, S. 2774, S.2845), is provided at the end of this report."

  Library of Congress. Congressional Research Service

  Relyea, Harold

  2004-12-28
• Department of Homeland Security Reorganization: The 2SR Initiative [January 3, 2006]

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  "The Department of Homeland Security (DHS) was mandated by the Homeland Security Act of 2002. The creation of DHS resulted in a reorganization of the executive branch on a scale not experienced since the establishment of the Department of Defense (DOD) half a century ago. Originally denominated the National Military Establishment at birth in 1947, DOD was given its current name and underwent the first of what would be a series of structural modifications through statutory amendments in 1949. A similarly complex organization, DHS was the product of legislative compromises, and it was anticipated that congressional overseers, as well as department officials, would monitor the management and operations of DHS with a view to adjusting its structure as conditions warranted. In this regard, Section 872 of the Homeland Security Act authorizes the Secretary of Homeland Security to reorganize functions and organizational units within DHS, subject to specified limits. […] Initial issues concerned the means for realizing the proposed 2SR reorganization; the efficiencies and effectiveness that would result with the proposed flatter, but more sprawling, restructuring; and how new leadership positions would be established, filled, compensated, and situated in the DHS hierarchy. While some aspects of these issues remained after the implementation of the 2SR plan on October 1, 2005, others, such as the merger of the Bureau of Customs and Border Protection and Bureau of Immigration and Customs Enforcement and the future organizational status of the Federal Emergency Management Agency, have also arisen. This report will be updated as events warrant."

  Library of Congress. Congressional Research Service

  Relyea, Harold; Hogue, Henry B.

  2006-01-03
• Access to Government Information in the United States [March 13, 2008]

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  "The Constitution of the United States makes no specific allowance for any one of the co-equal branches to have access to information held by the others and contains no provision expressly establishing a procedure for, or a right of, public access to government information. Nonetheless, Congress has legislated various public access laws. These include two records access statutes -- the Freedom of Information Act (FOI Act or FOIA; 5 U.S.C. § 552) and the Privacy Act (5 U.S.C. § 552a) -- and two meetings access statutes -- the Federal Advisory Committee Act (FACA; 5 U.S.C. App.) and the Government in the Sunshine Act (5 U.S.C. § 552b). Moreover, due to the American separation of powers model of government, interbranch conflicts over the accessibility of information are neither unexpected nor necessarily destructive. The federal courts, historically, have been reluctant to review and resolve 'political questions' involving information disputes between Congress and the executive branch. Although there is considerable interbranch cooperation, such conflicts probably will continue to occur on occasion."

  Library of Congress. Congressional Research Service

  Relyea, Harold; Ginsberg, Wendy R.

  2008-03-13
• Executive Branch Reorganization and Management Initiatives [Updated June 12, 2002]

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  "President William Clinton pledged his Administration to a program of 'reinventing government,' beginning with a National Performance Review (NPR), announced shortly after his inauguration, to find ways to make the federal government more efficient, economical, and effective. The result was a series of reports proposing various organizational and operational reforms. Some major NPR recommendations were still awaiting implementation when the November 1994 congressional elections gave the Republicans majority party control of both houses of the 104th Congress. Republican leaders had unveiled a Contract With America reform plan in late September 1994. Its core principles regarded the federal government as being too big, spending too much, being unresponsive to the citizenry, and perpetrating burdensome regulations. Consequently, at least two distinct agendas for reforming and restructuring the federal government were before the 104th Congress. At its conclusion, both the President and Republican congressional leaders could claim some victories in downsizing government. No department, however, was eliminated, and only a few small agencies were abolished. Administration and congressional reinvention efforts resulted in largely modest accomplishments during the 105th Congress. Major exceptions were the overhaul of the structure and operations of the Internal Revenue Service and the consolidation of the foreign policy agencies, both of which were realized as a result of cooperation between the Clinton Administration and Republican congressional leaders. During the 106th Congress, executive reorganization and reinvention were neither major nor high-priority items."

  Library of Congress. Congressional Research Service

  Relyea, Harold

  2002-06-12
• Privacy: Key Recommendations of the 9/11 Commission [August 19, 2004]

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  "Several of the recommendations made to protect against and prepare for terrorist attacks in the final report of the National Commission on Terrorist Attacks Upon the United States (9/11 Commission) focus on the protection of civil liberties. This report examines these recommendations, and those of other recent commissions. It will not be updated. [...] Some of the civil liberties questions raised in response to anti- terrorism efforts stem from the conflict between individual privacy interests and the intelligence needs of law enforcement and national security. Programs and initiatives such as Terrorism Information Awareness (TIA), the Computer Assisted Passenger Prescreening System (CAPPS II), MATRIX, and the United States Visitor and Immigrant Status Indicator Technology program (US-VISIT) integrate advanced information technologies for the purpose of terrorist identification and prevention of terrorist attacks. These programs necessarily require enhanced information sharing by government agencies and the private sector, and are designed to assist the information needs of intelligence and national security. These programs operate in the context of a body of law relating to Federal government access to information. A recent survey of laws relating to Federal government access to information appears in RL31730, 'Privacy: Total Information Awareness Programs and Related Information Access, Collection, and Protection Laws.'"

  Library of Congress. Congressional Research Service

  Stevens, Gina Marie; Relyea, Harold

  2004-08-19
• Executive Branch Reorganization and Management Initiatives [Updated July 17, 2002]

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  "This issue brief views reorganization and management as involving the alteration of the program administrative structure and operations of the executive branch for reasons of efficiency, economy, and direction. The underlying issue is who reorganizes or sets management policy--Congress or the President-- and by what authority and, also, for what purpose? Some electronic government developments are tracked as well."

  Library of Congress. Congressional Research Service

  Relyea, Harold

  2002-07-17