PROPOSED ACTIONS PURSUANT TO STATUTES CONTAINING LEGISLATIVE VETO PROVISIONS

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP85M00158R000800110013-0
• Release Decision: RIFPUB
• Original Classification: K
• Document Page Count: 15
• Document Creation Date: December 22, 2016
• Document Release Date: February 5, 2010
• Sequence Number: 13
• Publication Date: August 8, 1983
• Content Type: MEMO

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EXECUTIVE SECRETARIAT
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EXECUTIVE OFFICE OF THE PRESIDENT
OFFICE OF MANAGEMENT AND BUDGET
WASHINGTON. O.C. 20503
TO THE HEADS OF EXECUTIVE DEPARTMENTS AND ESTABLISHMENTS
SUBJECT: Proposed Actions Pursuant to Statutes Containing
Legislative Veto Provisions
1. Background. The recent decision by the Supreme Court in_ INS
v. C arc fa, broadly declaring legislative vetoes to be-
unconstitutional, requires careful review and coordination of
agency actions that will hereafter be taken under statutes that
still contain such-veto provisions. This will be necessary in
order to avoid unnecessary confrontation with the Legislative
branch; to assure consideration of the precedential impact of
individual actions on the Executive branch as a whole; and to
allow the Executive and Legislative branches to accommodate to
the Court's decision in a constructive manner.
2. Definition. The term "proposed agency action" shall include
the taking of any act, the submission of any notice to the
Congress of a proposed action, the submission of a notice to the
Federal 'Register of any proposal for action, or the submission of
orma notice required by law or traditionally given to the
general public or any defined segment thereof,.whichever occurs
first.
3. Action Requirements. Where.proposed agency actions are
subject to legislative veto provisions still set forth in
statutory law, the following procedures are to be observed before
those actions are implemented:
o Notices of proposed regulatory actions will continue to be
submitted to the OMB O fice o Information and Regulatory
Affairs, pursuant to Executive order 12291 or the
Paperwork Reduction Act; however, proposed regulatory
actions governed by currently enacted legislative vetoes
should be expressly identified as such by the agencies.
.0 Notices of proposed appropriations-related actions should
be delivered to the appropriate OMB budget division;
however, those actions that are routine in nature (e.g.,
the annual submission to the Congress of operating plans)
should not be included if prior agreement has been reached
with the appropriate OMB budget division to exclude them.
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o Notices of other proposed agency actions should be
delivered to the persona" attention of James M. Frey,
Assistant Director, Legislative Reference, Room 7202 New
Executive Office Building; however, in order to avoid
unnecessary reporting, these' notices should be sent only
in the case of proposed actions that are likely to be of a
controversial character.
o 411 Congressional testi-ion;, dealing with legislative veto
matters, whether of an oversight or legislative character,
should be submitted for clearance to the :OMB Legislative
Reference Division; the procedures of OMB Circular A-19
should be deemed applicable to all such testimony whether
expressly applicable by it-3 terms or not,
4. Clearance Requirements. Clearance procedures concerning
regulations are established by Executive Order 12291; in all
other cases, an agency is not to proceed with the proposed action
without affirmative OMB clearance.
5. Procedural Requirements. The following procedures shall
d agency actions (other than
apply to the submissions of propose
proposed testimony) required paragraph 3:
a. Notice of proposed agency actions should be given to OMB
_..._as early as possible, a--ex In any event at least 'Live
working days prior to planned agency submission of the
proposed action to the Congress. Early notice is
required in order to. assure adequate time for OMB review.
b. When providing notice, the agency should submit to OMB
the actual documents that it proposes to send to they
Congress, the Federal Register or the general public or
any defined segment thereof.
c. Where the proposed agency' action is likely to be of a
controversial character, the agency also should submit to
OMB a concise statement setting forth all pertinent facts
regarding the controversial aspects of the proposed
action.
d. The Director of OMB may define generic categories of
proposed agency actions that are likely to be of a
controversial character and for which individual
submissions are to be made for all proposed actions..
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 4.1
David A. Stockman
Director
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6'. Statutes. A list of statutes that contain legislative veto
provisions - attached. This list, prepared by the Department of
Justice, is intended to be exhaustive, but agencies should report
to James M. Frey any currently enacted legislative vetoes not set
forth in the attachment. In this regard, it should be noted that
the Department of Justice has advised that under the Chadha
decision, statutes purporting to empower Congressional committees
to waive waiting periods under report-and-wait provisions are
unconstitutional.
7. General Provisions. The coordination. of these actions by 0M3
is not mend to supersede or to alter any other review
procedures that may be currently applicable to proposed agency
actions, including consultations or reports regarding legislative
vetoes requested by the Department of Justice.
8. Although these requirements reflect the Administration's
determination to avoid unnecessary controversy in connection with
proposed agency actions, each agency should clearly understand
that these procedures are not to be used as a justification for
failing to proceed with discretionary action that the agency
believes appropriate to carry out its statutory responsibilities
and Administration policies. The procedures of this Bulletin,
calling for the exercise of coordinated judgment with regard to
potentially controversial actions, are to be understood as
facilitating, not impeding, the exercise of appropriate policy
discretion by each agency.
9. Because the issues raised by the Chadha decision are of
historic importance, your personal attention is requested to
assure compliance by your agency with the provisions of this
memorandum.
10. Sunset Date. This bulletin will remain in effect until
September 30, 1984 unless superseded or rescinded.
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I. FOREIGN AFFAIRS AND NATIONAL SECURITY
A. War and National Defense
War Powers Resolution, Pub. L. No. 93-148
H.R. J. Res. 683, Pub. L. No. 94-110.
National Emergencies Act, Pub. L. No. 94-412
.International Emergency Economic Powers Act,
Pub. L. No, 95-223
Neutrality Act. of 1939, 54 Stat. 4
Arms Control and Disarmament Act of 1961,
Pub. L. No. 87-297
B. International Assistance and Arms Export
Control
Foreign Assistance Act of 1961, Pub. L.
No. 87-195
Export Administration Act, amended Depart-
ment of Defense Appropriation Authorization
Act, 1975, Pub. L. No. 93-365
.International Development and Food-'Assistance
Act of 1975, Pub. L. No. 94-161
International Security Assistance and Arms
Control Act of 1976, Pub. L. No. 94-329:
International Security Assistance Act of 1977,
Pub. L. No. 95-92
International Development and Security
Cooperation Act of 1980, Pub. L. No.
96-533
International Security and Development
Cooperation Act of 1981, Pub. L. No.
97-113
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C. Department of Defense
Defense' Reorganization Act of 1958, Pub.
L. No. 85-599
Department of Defense Appropriation Author-
ization Act, 1974, Pub. L. No. 9.3-155
Department of Defense Authorization Act,
1982, Pub. L. No. 97-86
Department of Defense Authorization Act,
1983, Pub. L. No,.97-252
Military Construction Codification Act,
Pub..L. No. 97-214
Defense Production Act of 1950, Pub. L.
No. 81-774
Defense Production Act Amendments, 1970,
Pub. L. No. 91-379
Energy Security Act, Defense Production Act
Amendments of 1980, Pub. L. No. 96-294
Rubber-Producing Facilities Disposal Act,
Pub. L. No. 83-205
Disposal of Surplus Vessels and Other Naval
Property, Pub. L. No. 79-649
Long-Range Proving Ground for Guided missiles,
1949, Pub. L. No. 81-60
D.. Armed Forces Personnel
Department of'Defense Authorization Act, 1981,
Pub. L. No. 96-342
Universal MilitaryTraining and Service
Amendments of 1951, Pub. L. No. 82-51
Veterans Health Program Extension and Improve-
ment Act of 1979, Pub. L. No. 96-151 .
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II. IMMIGRATION AND NATIONALITY
Immigration and Nationality Act of 1952,
Pub. L. No. 82-414
Immigration and Nationality Act Amendments,
Pub. L. No. 85-316
III. BUDGET
Congressional Budget and Impoundment Control
Act of 1974, Pub. L. No. 93-344
IV. INTERNATIONAL TRADE
Trade Expansion Act of 1962, Pub. L. No.
87-794'
Trade Act of 1974, Pub. L. No. 93-618
Export-Import Bank Amendments of 1974,
Pub. L. No. 93-646
Export Administration Act of 1979 ("EAA"),
Pub. L. No. 96-72
Trans-Alaska Pipeline Authorization Act,
Pub. L. No. 93-153
Federal Nonnuclear Energy Research and
Development Act of 1974, Pub. L. No.
93-5.77
Energy Policy and Conservation Act, Pub. L.
No. 94-163
Naval Petroleum Reserves Production Act of
1976, Pub. L. No. 94-258
Department of Energy Act of 1978 -- Civilian
Applications, Pub. L. No. 95-238
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Outer Continental Shelf Lands Act Amendments
of 1978,.Pub.. L. No. 95-372
?Natural:'Gas Policy Act of 1978, Pub. L.
No. 95-621
Energy Security Act, United States Synthetic
Fuels Corporation Act of 1980, Pub. L.
No. 96-294
Energy Research and Development Administration
Authorization Act, Pub. L. No. 94-187
Department of Energy National Security and
Military Applications of Nuclear Energy
Authorization Act of 1980, Pub. L.
No. 96-164
Department of Energy National Security and
Military Applications of Nuclear Energy
Authorization Act of 1981, Pub. L.
No. 96-540
Department of Energy National Security and
Military Applications of Nuclear Energy
Authorization Act of 1982, Pub. L.
No. 97-90
VI.' ATOMIC ENERGY AND NUCLEAR MATERIALS
Atomic Energy Act of 1954, Pub. L. No.
83-703, as amended
Atomic Energy Act Amendment of 1957, Pub. L.
No. 85-79, 'as amended
Atomic Energy Act Amendments of .1964, Pub..L.
No. 88-489
Atomic Energy Act Amendments of 1974,- Pub. L.
No. 93-377
Nuclear Non-Proliferation Act of 1978, Pub. L.
No. 95-242
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Nuclear Regulatory Commission Authorization,
Pub. L. No. 97-415
Nuclear Waste Policy Act of 1982, Pub. L.
No. 97-425
VII. FEDERAL PAY AND EMPLOYMENT
Federal Pay Comparability Act of 1970, Pub. L.
No. 91-656
Postal Revenue and Federal Salary Act of 1967,
Pub. L. No. 90-206
Civil Service Reform Act of 1978, Pub. L.
No. 95-454
Central Intelligence Agency Retirement Act
of 1964 for Certain Employees, Pub. L.
No. 88-643
International Development and Food Assistance
Act of 1978, Pub.-L. No. 95-424
VIII. LAND AND NATURAL RESOURCES
Water Resources Development Act of 1974,
Pub. L. No. 93-251
Federal Land Policy and Management Act of 1976,
Pub. L. No. 94-579
Marine Protection, Research, and-Sanctuaries
Act Amendments, 1980, Pub. L. No. 96-332k
National Parks and Recreational Act of 1978,
Pub. L. No. 95-625
Forest and Rangeland Renewable Resources
Planning Act of 1974, Pub. L. No. _93-378
Act to Expedite the Rehabilitation of Federal
Reclamation Projects, Pub. L. No. 81-451
Act to Facilitate the Construction of Drainage
Works, Etc., Pub. L. No. 84-575
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Amendment to Watershed Protection and Flood
Prevention Act, Pub. L. No. 87-639
Imperial Dam Project Modifications -- Colorado
River Basin Salinity Control Act, Pub. L.
No.'93-320
Conveyance of Submerged Lands to Guam, Virgin
Islands, and American Samoa, Pub. L.
93-435
Olympic National'Park -- Authority to Accept
Land, Pub. L. No. 94-578
Alaska National Interest Lands Conservation
.Act, Title IX, Implementation of Alaska
Native Claims Settlement Act and Alaska
Statehood Act, Pub. L. No. 96-487
IX. INDIAN AFFAIRS
Indian Claims Judgment Funds Act, 1973,
Pub. L. No. 93-134, as amended
Menominee Restoration Act, 'Pub.'L. No.
93-197
Restoration of Indian Tribes of Unclaimed
Payments, 1961, Pub. L. No. 87-283
Government-Owned Utilities Used for Bureau of
Indian Affairs, 1961, Pub. L. No. 87-279
Act of July 1, 1932,'Pub. L. No. 72_240,
as amended
Education Amendments of 1978, Pub. L. No.
95-561
X. TRANSPORTATION
Regional Rail Reorganization Act of 1973,
Pub. L. No. 93-236
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Union Station Redevelopment Act.of 1981,
Pub. L. No. 97-125
Federal-Aid Highway Act of 1976, Pub. L.
No. 94-280
Energy Policy and Conservation Act, Pub. L.
No. 94-163, amending the Motor Vehicle
Information and Cost Savings Act
Revisions of Title 49, U.S.C.A., Pub. L.
No. 97-449
XI. DISTRICT OF COLUMBIA
District of Columbia Self-Government and
Governmental Reorganization Act, Pub. L.
No. 93-198
District of Columbia Retirement Reform Act,
Pub. L. No. 96-122
Pennsylvania'Avenue Development Corporation
Act of 1972, Pub. L. No. 92-578-
Dwight D._..Eisenhower Memorial Bicentennial
Civic Center . Act,, Pub. L. No. 92-520
XII. AGRICULTURE k'Futures Trading Act of 1978, Pub. L. No.
95-405
Agriculture and Food Act of 1981, Pub. L.
No. 97-98 -
Taft Anti-Inflation Law, Pub. L. No. 80-395
XIII. RULEMAKING
Department of Education Organization Act,
Pub. L. No. 96-88
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Education Amendments of 1974, Pub. L. No.
93-380
Education Amendments of 1978, Pub. L. No.
95-561
Education Amendments of 1980, Pub' L. No.
96-374
Student Financial Assistance Technical
Amendments Act of 1983, Pub. L. No.
97-301
Federal Election Campaign Act Amendments,
. Pub. L. No. 93-443
Federal Election Campaign Act Amendments of
1979, Pub. L. No. 96-187
Federal Rules of.Evidence, Pub. L. No.
93-595
Airline Deregulation Act of 1978, Pub. L. No.
95-504
Federal Trade Commission Improvements Act of
1980, Pub. L. No. 96-252
-Multiemployer Pension Plan Amendments Act of
1980, Pub. L. No. 96-364
Farm Credit Act Amendments of 1980, Pub.-L.
No. 95-592
Comprehensive Environmental Response,
Compensation and Liability Act of 1980
Pub. L. No. 96-510
National Historic Preservation Act Amendments
of 1980, Pub. L. No. 96-515
Coastal Zone Management Improvement Act of
1980, Pub. L. No. 96-464
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Federal Insecticide, Fungicide and Rodenticide
Extension Act, 1980, Pub. L. No. 96-539
Motor Vehicle and Schoolbus Safety Amendments
.of 1974, Pub. L. No. 93-492
Presidential Recordings and Materials
Preservation Act, Pub. L. No. 93-526
Amendment to Social Security Act Child.Support
Provisions, Pub. L. No. 94-88
Omnibus Budget Reconciliation Act of 1981,
Consumer Product Safety Amendments of
1981,. Pub. L. No. 97-35
Emergency Interim Consumer Product Safety
Standard, Act of 1978, Pub. L. No. 95-319
Omnibus Budget Reconciliation Act of 1981,.
Rail Passenger Service Act, Pub. L. No.
97-35
Omnibus Budget Reconciliation Act of 1981,
Amendment to Highway Safety Programs,
Pub. L. No. 97-5
International Navigational Rules Act of 1977,
Social- Security Amendments of 1977,. Pub._ -.L..
No. 95-216
Housing and Community Development Amendments
of 1978, Pub. L. No. 95-557
XIV. APPROPRIATIONS ACTS
Energy and Water Development Appropriations
Act, 1982, Pub. L. No. 97-88
Appropriations -- Department of the Interior --
Fiscal Year 1982, Pub. L. No. 97-100
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Department of Interior and Related Agencies
Appropriations Act, 1983, Pub. L. No.
97-394
Department of Housing and Urban Development
Independent Agencies Appropriations Act,
.1982, National Aeronautics and Space
Administration Research and Development
Appropriation, Pub. L. No. 97-101
Department of Housing and Urban Development -
Independent Agencies Appropriations Act,
1983, National Aeronautics and Space
.Administration Research and Development
Appropriation, National Science Foundation
Research and Related Activities Appropria-
tion, Pub. L. No. 97-272
Department of Housing and Urban Development
Independent Agencies Appropriations ACt,
1983, Pub. L. No. 97-272
Department of Housing and Urban Development
Independent Agencies Appropriations Act,
1984, National Aeronautics and Space
Administration Appropriation, Pub. L.
No. 98-45
Department of Transportation ana Related
Agencies Appropriations Act, 1983, Pub. L.
No. 97-369
Foreign Assistance and Related Programs
Appropriations.Act, 1982, Pub. L. No.
97-121
District of Columbia. Appropriations Act, 1983,
Pub. L. No. 97-378
Joint Resolution Making Continuing Appropria-
tions for the Fiscal Year 1982, Pub. L.
No. 97-92
Supplemental Appropriations Act, 1982, Pub. L.
No. 97-257
Further Continuing Appropriations Act, 1983,
Pub. L. No. 97-377
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XV. MISCELLANEOUS
Full Employment and Balanced Growth Act of
1978, Pub. L. No. 95-523
Omnibus Budget Reconciliation Act of 1981,
Post Secondary Student Assistance Amend-
ments of 1981, Pub. L. No. 97-35
National Aeronautics and Space Administration
Authorization Act, 1983, Pub. L. No.
97-324
National Aeronautics and Space Administration
Authorization Act, 1984, Pub. L..No.
98-
Enactment of Title 44, United States Code,
"Public Printing and Documents,".1968,
Pub. L.'No. 90-620
United States Information and Educational'
Exchange Act of 1948, Pub. L. No. 80-402
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