identify eop omb and nsc
The NSC had issued FOIA regulations on February 19, 1975, see 40 Fed. 1993), we held that in determining whether an entity within the Executive Office of the President that "help[s] the President supervise others in the executive branch" exercises substantial independent authority, we should focus on three factors: the unit's proximity to the President, "the nature of its delegation from the President," and "whether it has a self-contained structure." 3303, 3303a. OMB Control Number:0607-0810. This Special Planning Group is "responsible for the overall planning, direction, coordination and monitoring of implementation of public diplomacy activities." 690, 705-06 (D.D.C. 12,958, 60 Fed. Council (Sept. 20, 1993). Our dissenting colleague goes further, however. In Ryan v. Department of Justice, 617 F.2d 781 (D.C. Cir. 552(b)(1) and (5), the Government contends that the possibility of premature disclosure pursuant to the FOIA would make the President's conduct of national security policy excessively circumspect and would chill the communication necessary for effective and efficient decision-making. The Government appeals, arguing that because the NSC does not exercise substantial authority, independent of the President, it is not an agency within the meaning of the FOIA and that its treatment as such would so intrude upon the core functions of the President as to "raise a significant constitutional concern" about the separation of powers. Before concluding, we respond to the suggestion elaborated at some length in the dissent that the status of the NSC as an agency could be resolved by looking instead to the legislative history of the PRA rather than to our own prior cases. The Government responds that NSDD 77, while it does contemplate that the interagency Planning Group will be supported by NSC staff, does not assign substantive authority to the NSC; all activities are carried out by the member agencies. Cabinet take direct orders from the President? The National Security Council exists to coordinate national security policy (and just so it's clear: the EOP part is the NSC staff; the NSC members are the President, OMB's most prominent function is to This is so particularly because the language of the FOIA definition of "agency"-"any establishment in the executive branch of the Government (including the Executive Office of the President)"-clearly covers the NSC and because the only statutory basis for exempting the NSC from FOIA's coverage is a limited exception derived from the legislative history of FOIA. Citing FOIA and the Federal Records Act, the Court stated that "[s]uch regulation of material generated in the Executive Branch has never been considered invalid as an invasion of its autonomy." CEA. It may be that by closing certain meetings, the Council could avoid possible constitutional problems. WebOMB stands for the Office of Management and Budget. 1380, 93d Cong., 2d Sess. To subscribe to this RSS feed, copy and paste this URL into your RSS reader. The problem with the court's view of consent is that the very notion of agency embodies consent. Instead, the Congress adopted a flexible, judicially-created test and handed the matter back to the courts, anticipating that we would continue to shape and refine the basic Soucie definition-as indeed we did when we established the three-factor test in Meyer. OMB: prepares the national budget that the president proposes to congress. Supplemental Responses of Defendant to Plaintiffs' First Set of Requests for Admission, Armstrong v. Executive Office of the President, 877 F. Supp. Singer, Assistant Director, and Matthew M. Collette, Attorney, United States Department of Justice, entered appearances. Rep. No. Legal Counsel 197, 205 (1978), withdrawn, Memorandum from Walter Dellinger, Acting Assistant Att'y Gen., Office of Legal Counsel, to Alan J. Kreczko, Special Assistant to the President and Legal Advisor, Nat'l Sec. Why did the Apple III have more heating problems than the Altair? See Management of Public Diplomacy Relative to National Security, NSDD 77 at 1 (Jan. 14, 1983). If the court means that Armstrong must show that the NSC is not obligated to obtain the President's consent each time it exercises its authority, Armstrong has satisfied this burden: The regulation clearly states that the relevant "authority is reserved to the National Security Council or the Federal Communications Commission, as appropriate to the time and situation." As the Government argued in an earlier stage of this litigation, "An "agency' is generally understood as being responsible to a "principal': it is the instrumentality through which another works. We conclude that the NSC has a structure sufficiently self-contained that the entity could exercise substantial independent authority. 44 U.S.C. See Meyer v. Bush, 981 F.2d 1288, 1291 (D.C. Cir. Part 2003, without the personal involvement of the President." The NSC nonetheless disclaims any autonomous role in emergency preparedness policy-making, that is, any role beyond providing advice and assistance to the President. The Council members are the President and certain cabinet-level officials, including the National Security Adviser (NSA)-formally, the Assistant to the President for National Security Affairs. These three factors are not necessarily to be weighed equally; rather, each factor warrants consideration insofar as it is illuminating in the particular case. For example, a unit within the Executive Office of the President might be viewed as merely assisting the President if its activities prepare the President for action or facilitate his actions. Apparently to make clear that proximity to the President is important to the extent that it suggests something about function, we explained that the proximity factor referred to a unit's "continuing interaction" with the President. 44 U.S.C. I doubt that the Government or the court would suggest that an entity given important responsibilities in the event of a national emergency would not be subject to FOIA until such an emergency took place. The question is not only whether the President sets the goal, but the generality of that goal; the more general the goal the greater the likelihood that the responsible entity is vested with some element of discretion and is not just advising or assisting the President. Are there any major differences between the powers of an acting president and the actual president? 551(1) (1994) (emphasis added). Ins. Reg. 2, 1994. WebNational Security Council. The National Security Council (NSC) is the President's principal forum for considering national security and foreign policy matters with his senior national security advisors and cabinet officials. At oral argument, Armstrong took strong exception to this last assertion. Indeed, the Office of Legal Counsel of the Department of Justice concluded in 1978 that subjecting the NSC to FOIA would not unconstitutionally intrude upon the President or the NSC: [D]ue to the nature of the work of the NSC and its staff it is clear that valid exemptions are available for the vast bulk of the material which constitutes NSC records. We have also considered whether NSC could raise a valid constitutional claim to general immunity from the FOIA, and we believe this possibility is very weak. 50 U.S.C. Nothing in FOIA contains any such indication. 2003.1 (1995). The role of the offices head is much like Our dissenting colleague suggests that the reviewing function of the Special Planning Group is "sufficiently similar to the evaluative function that we found warranted treating the OST as an agency in Soucie." In January 1989 Armstrong made a request under the FOIA for all documents stored in the EOP and the NSC electronic communications systems since their installation in the mid-1980's. Nothing in the APA definition suggests that it excludes entities that, before taking action, must submit plans for review and approval by another agency. at 17. Trades Council, 485 U.S. 568, 575 (1988), none is raised by subjecting the NSC to FOIA and the Federal Records Act. Because the non-proliferation procedures explicitly provide that the President has final authority to resolve interagency disagreements on the SNEC, review by the NSC Ad Hoc Group on Non-Proliferation in the event that the SNEC cannot reach agreement does not qualify as substantial independent authority under Meyer. For example, the National Security Council (an EOP subagency) was created to help advise (there's that word again) the president on matters of national security. No. 89-0142). Id. 1487, 95th Cong., 2d Sess. 12,958 gave the Director of the Office of Management and Budget authority to issue directives to implement the order and placed the ISOO within the OMB. 402(c). OMB intends to seek feedback through a set of structured implementation questions. 778, supp. In the course of the present litigation, the Government has admitted that "[o]fficials of the NSC approve or disapprove requests for waiver from the obligation to use standard forms prescribed by 32 C.F.R. See LIBRARY OF CONGRESS CONGRESSIONAL RESEARCH SERVICE, APPLICABILITY OF THE FREEDOM OF INFORMATION ACT TO THE EXECUTIVE OFFICE OF THE PRESIDENT 20 (1978), reprinted in Hearings on H.R. The legislative history of the PRA also reveals, however, that the Congress intentionally aligned the definition of "agency" in the FOIA with the test we had announced in Soucie. The CRS report further stated that, with respect to the Vice President, "it would seem that records generated by his duties as Smithsonian regent or NSC member would be the only records available under the FOIA from the Office of the Vice President, assuming there are such records and they are located in that Office." Connect and share knowledge within a single location that is structured and easy to search. With all due respect, I fear the President's membership on the NSC has obscured from my colleagues the extent to which the NSC actually exercises independent authority. Even with the President as a member, the NSC is a legal entity distinct from the President, and the record indicates that responsibilities delegated to the NSC are in fact carried out without the personal involvement of the President. NSDD 77 also creates four interagency committees under the Special Planning Group's supervision. In my view, the differences are insufficient to sustain the Government's constitutional claim. On the other hand, the NSC is a much larger entity, many of whose parts are not nearly as close to the President as was the Task Force in Meyer. Kissinger, 445 U.S. at 156. The risk of serious intrusion, however, is slight in view of existing FOIA exemptions and the President's ability to have non-NSC interactions with his Assistant for National Security Affairs and other NSC officials who hold separate, purely advisory, non-NSC positions. The Chairman of the Joint Chiefs of Staff is the statutory military advisor to the Council, and the Director of National Intelligence is the intelligence advisor. Section 515(a) of the Treasury and General Government Appropriations Act, FY 2001 (P.L. When you exclude those, you get a number of agencies generally handling things that cut across departments. 1985). First, in light of Congress's broad authority over executive branch documents, see Nixon, 433 U.S. at 445, little rests on the Federal Records Act's more demanding procedures to prevent destruction or unauthorized taking of documents, see 44 U.S.C. REP. No. Does every Banach space admit a continuous (not necessarily equivalent) strictly convex norm? 401 et seq.). Indeed, we are told, successive presidents expanded the NSC's responsibilities not in order to hypothecate their powers but, on the contrary, the better to secure their personal control over the fragmented national security apparatus. 551(1). OMB. Accidentally put regular gas in Infiniti G37. In the alternative, the district court held that the NSC should be treated as an agency because the NSC had itself previously determined that it was an agency and operated accordingly but had not offered a reasoned explanation for its later change of position. What is the relationship (or lack thereof) between the president's Cabinet, various agencies in the Executive Office of the President, and the White House Staff? Id. Section 515(a) of the Treasury and General Government Appropriations Act, FY 2001 (P.L. Further, Judge Tatel elaborates the responsibilities of two of the committees supervised by the Special Planning Group, and concludes that activities such as "training private groups to encourage the growth of democratic institutions" and "planning and coordination of international broadcasting" constitute substantial delegations of authority to act, independent of the President. 14-15 (1974). The plaintiff-appellees are the National Security Archive, a research institute and library; Scott Armstrong, a journalist affiliated with the Archive; and several associations, including the National Library Association and the National Historical Association (hereinafter referred to collectively as Armstrong). Instead, the NSC claims that it serves simply as "the principal forum" for consideration of policy (quoting Exec. Finally, the differences in the statutes' provisions for judicial review cannot sustain the Government's constitutional claim. Id. Because the NSC operates in close proximity to the President, who chairs it, and because the NSC does not exercise substantial independent authority, we conclude that the NSC is not an agency within the meaning of the FOIA. Variety of Non-Insured Investments 2. UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT, Argued September 8, 1995 Decided August 2, 1996. Who is the "agency designee" with respect to 5 CFR 2635.502 (c)-(d) for the White House? Stack Exchange network consists of 182 Q&A communities including Stack Overflow, the largest, most trusted online community for developers to learn, share their knowledge, and build their careers. 1980) (unit or official that is part of agency and has non-advisory functions cannot be "non-agency in selected contexts on a case-by-case basis"), and Kissinger v. Reporters Comm. The defendant-appellants are the Executive Office of the President; the Office of Administration and the NSC, which are components of the EOP; the White House Communications Agency, an element of the Department of Defense; and Trudy Peterson, the Acting Archivist of the United States. See 2 Op. 402), amended by the National Security Act Amendments of 1949 (63 Stat. The Presidential Records Act, 44 U.S.C. Learn more about Stack Overflow the company, and our products. Isn't that the domain of the Secretary of Defense? The record persuasively demonstrates that the NSC has repeatedly performed a classic agency adjudicatory function in deciding whether waivers should be granted to permit federal agencies to use non-standard security forms. Id. ". pt. According to procedures adopted pursuant to the Non-Proliferation Act, if the Departments of Commerce and Energy believe that an export license application should be denied or reviewed by another agency, these departments must refer the application to the Subgroup on Nuclear Export Coordination ("SNEC") of the NSC Ad Hoc Group on Nonproliferation, which "shall promptly consider any such application and provide its advice and recommendations to the Department of Commerce." Office of Management and Budget. Miniseries involving virtual reality, warring secret societies, Purpose of the b1, b2, b3. terms in Rabin-Miller Primality Test. We determined first that the NSC has the self-contained structure necessary for it to be considered an executive establishment, and second that structure, standing alone, is not sufficient to overweigh the significance of the close proximity-indeed the essential identity-between the statutory Council and the President. The closer an entity is to the President, the more it is like the White House staff, which solely advises and assists the President, and the less it is like an agency to which substantial independent authority has been delegated. Id. Armstrong also suggests that, quite apart from the Meyer test, the NSC's own past statements and conduct demonstrate that the NSC has functions in addition to those of advising and assisting the President. Apparently because of the President's membership on the NSC, the court treats the Meyer delegation prong in what I believe to be an unrealistic fashion, expecting Armstrong to demonstrate that NSC activities reflect a sort of independence from the President that neither FOIA nor our cases envision as a requirement for FOIA agencies. When asked at oral argument whether there is anything in the record to indicate what the SIG actually does, Armstrong conceded that there is nothing before us to confirm that the SIG in fact oversees anything or anyone. 1991) (No. I doubt that any President would permit an EOP unit to act against his will or that other executive agencies would comply with any order from an EOP unit thought not to reflect either the President's wishes or his general policies, yet FOIA clearly specifies that EOP units can be "agencies" under the statute. The Court simply concluded that because the Office of the President is not part of the EOP and because Congress clearly wished to exclude from FOIA's coverage entities within the Office of the President-that is, the President's immediate personal staff and assistants-documents related to activities performed by a person with two positions, one in a FOIA agency and one in the Office of the President, while serving in his or her capacity in the Office of the President are not subject to FOIA. "Records" are defined by the FRA as documentary materials "made or received by an agency of the United States Government under Federal law or in connection with the transaction of public business." 213.7(g) (citing FCC Order 67-51). Exec. Can Visa, Mastercard credit/debit cards be used to receive online payments? pt. On the contrary, the staff's Senior Director for Intelligence Programs stated at his deposition, "I don't have the ability to issue instructions or directions to agencies. In Meyer v. Bush, 981 F.2d 1288 (D.C. Cir. The NSC has a self-contained structure, but the proximity of the NSC's operations to the President, who chairs the statutory Council, is more significant; the close working relationship between the NSC and the President indicates that the NSC is more like "the President's immediate personal staff " than it is like an agency exercising authority, independent of the President. These factors are: (1) "how close operationally the group is to the President," (2) "whether it has a self-contained structure," and (3) "the nature of its delegat[ed]" authority.
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identify eop omb and nsc
