REPORTS AND RECOMMENDATIONS ON PROPOSED AND PENDING LEGISLATION
Document Type:
Collection:
Document Number (FOIA) /ESDN (CREST):
CIA-RDP58-00597A000100040027-0
Release Decision:
RIFPUB
Original Classification:
K
Document Page Count:
4
Document Creation Date:
December 16, 2016
Document Release Date:
October 13, 2004
Sequence Number:
27
Case Number:
Publication Date:
October 25, 1948
Content Type:
MEMO
File:
Attachment | Size |
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Body:
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EXECUTIVE OFFICE OF THE PRESIDENT
BUREAU OF THE BUDGET
WASHINGTON 25. D. C.
October 25, 1948 CIRCULAR NO. A-19
Revised
SUBJECT: Reports and recommendations on proposed and pending legislation
1. Authority and u ose. Executive Order 8248 of September 8,
1939, establishing the divisions of the Executive Office of the President,
continued and formalized the responsibilities of the Bureau of the Budget
for assisting the President by coordinating and clearing agency reports
on proposed and pending legislation. Procedures for legislative clear-
ance have been set forth in a number of Bureau of the Budget Circulars,
beginning with Circular No. 49, issued December 19, 1921. This revision
of Circular No. A-19, effective October 25, 1948, rescinds and replaces
Circular No. A-19 Revised, dated September 25, 1946.
Coordination and clearance of agency reports on legislation are
undertaken in order that the President may have the views of the agencies
and that his position may be determined and expressed for their guidance
and for the information of the Congress. When appropriate, the clearance
process is used to develop, for presentation to the Congress, a coordi-
nated report or legislative proposal which meets the requirements of all
interested agencies.
The President has directed the Bureau of the Budget, in coordina-
ting and clearing agency reports: (a) to obtain the views of agencies
concerned; (b) to ascertain the relationship of the proposal or bill to
the President's program; (c) to advise the agencies of that relationship;
(d) to provide for transmittal by the appropriate agency of such advice
to the Congress or the committee or member concerned; and (e) to pre-
scribe procedures for carrying out these responsibilities. Such pro-
cedures are set forth below.
2. Definitions. The following definitions shall apply for purposes
of this Circular:
A ency: "Departments and establishments" as defined in
section 2 of the Budget and Accounting Act of 1921, and Gov-
ernment corporations as defined in sections 101 and 201 of
the Government Corporation Control Act of 1945.
Report: Any written proposal for legislation and any
written expression of official views on proposed or pending
legislation prepared by any agency (a) for transmittal to
the Bureau of the Budget or to the Congress, (b) for pre-
sentation as testimony before a congressional committee, and
(No. A-19)
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(c) for inclusion in an annual or special report for trans-
mission to the Congress or release to the public. This
definition does not include (a) justifications for annual
and supplemental or deficiency appropriations, or (b) tech-
nical assistance in drafting legislation at the request of
a member or committee of Congress, provided no commitment is
made respecting the position of the agency or the President.
Advice: Information transmitted to an agency by the
Bureau of the Budget concerning the relationship of partic-
ular legislation to the program of the President.
3. Transmittal of agency reports. Each agency shall transmit to
the Bureau of the Budget before submission to any committee, member, or
officer of either house of Congress four copies of each report on public
.
bills and two copies of each report on private relief bills and shall
request advice as to the relationship of the legislation to the program
of the President. This requirement does not apply if the legislation
and an agency report have previously been the subject of Bureau advice
(and the views expressed in the subsequent report are unchanged), or if
an agency is reporting on a bill which is identical in substance with a
bill on which prior advice has been given. However, in both instances,
reports shall include reference to prior advice received, and the re-
quired copies shall be transmitted to the Bureau of the Budget at the
same time that the report is submitted to the Congress. Advice on the
relationship of legislation to the President's program applies to all
sessions of each Congress but does not carry over from one Congress to
the next.
4. Relationship to Presidential recommendations. Presidential
recommendations may be included in messages, statements, instructions or
other documents. A legislative proposal designed to carry out a Pres-
idential recommendation shall be accompanied by a statement identifying
the recommendation and indicating the degree to which the legislation
will carry it out. This statement may be included either in the agency's
letter of transmittal to the Bureau or in its report.
5. Submission of cost information. Estimates of initial and re-
curring costs or savings attributable to the proposed or pending legis-
lation shall be included in the report or transmittal letter of the
agency responsible for administering the provisions of the legislation.
Where such cost information is not provided, the reason for its ommision
shall be stated in the letter of transmittal to the Bureau of the Budget.
6. Interagency consultation. In the preparation of reports, each
agency is encouraged to consul with other agencies concerned in order
that all interests and points of view may be considered in the formula-
tion of the agency's position. Interdepartmental committees and other
formalized arrangements for intera sncy collaboration will frequently
(No. A-19)
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constitute an effective method for reaching a common understanding,
thereby reducing the time required for clearance of reports by the
Bureau of the Budget. However, in order that the President may have
the individual views of the responsible heads of the agencies, reports
should be transmitted to the Bureau of the Budget by the agencies con-
cerned.
In cases involving urgent time schedules or important areas of
interagency interest, the Bureau of the Budget also may arrange inter-
agency conferences or request agency participation in special working
groups.
Interdepartmental consultation frequently can be effected through
the use of established agency channels. To this end, the Bureau of the
Budget will furnish to the agencies from time to time, lists of the
respective agency officials designated to handle the coordination of
legislative matters.
7. Bureau of the Budget action on agency reports. Upon receipt of
an agency repoFF_ , the Bureau of the Budget will obtain and consider the
views of other agencies concerned. It will consult with the President,
when appropriate, and will undertake such staff work for him as may be
necessary, in conjunction with other Presidential staff. In order to
avoid delays in clearance, agencies are expected to reply to Bureau of
the Budget requests for views within the time limits which may be speci-
fied.
When coordination and consideration of agency reports have been
completed, the Bureau of the Budget will advise the appropriate agencies
regarding the relationship of the subject legislation to the President's
program. In transmitting advice, the Bureau of the Budget will indicate
any considerations raised by other agencies which the reporting agency
may wish to take into account before submitting its report to the Congress.
8. Notification to the Congress. In order to avoid ambiguity and
to prevent misun erstan 'ng of the President's position, it is essential
that the advice received from the Bureau of the Budget be fully stated
to the Congress in agency reports and oral testimony. Receipt of advice
contrary to the views expressed by any agency in a report does not re-
quire an agency to modify its views. However, in instances involving
proposals for legislation originating within the Executive Branch,
agencies will submit to the Congress, on their initiative and with their
endorsement, only those proposals which do not conflict with the Presi-
dent's program, and which have been coordinated within the Executive
Branch in accordance with the provisions of this Circular.
9. Agenc action in the absence of prior clearance. When oongres-
sional time schedules will not permit an agency to ascertain in advance
the relationship of proposed or pending legislation to the program of the
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President, the agency's report shall so state and shall indicate that
the report does not constitute a commitment respecting the President's
program. In such cases, copies of the agency report shall be transmitted
to the Bureau of the Budget at the same time that it is submitted to the
Congress. Thereafter, when appropriate, the Bureau of the Budget will
advise the agency on the relationship of the legislation to the Presi-
dent's program and the agency will promptly transmit this advice to the
Congress.
When no written report is prepared, and an agency's views are to
be expressed in oral testimony, the Bureau of the Budget, upon request,
will undertake such informal interagency consultation and coordination
and give such advice as circumstances permit.
10. Reporting of urgency factors., Agencies should specify in
their letters of transmittal to the Bureau of the Budget any information
concerning congressional schedules and requirements which bears upon the
urgency of the report.
By direction of the President:
JAMES E. WEBB.
Director
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