Circular No. A-19
Revised September 20, 1979
TABLE OF CONTENTS
1. Purpose
2. Rescission
3. Background
4. Coverage
5. Definitions
- Advice
- Agency
- Proposed legislation
- Pending bill
- Report (including testimony)
- Enrolled bill
- Views letter
6. Agency legislative programs
-
Submission to OMB
- Purposes of legislative program submission
- Timing of submission to OMB
- Number of copies
- Program content
- Relationship to advice
7. Submission of agency proposed legislation and reports
-
Submission to OMB
- Agency scheduling of submissions
- Timing of agency submissions
- Number of copies
- Submission of legislation authorizing the enactment
of new budget authority
- Items to be included in agency submissions
- Views letters
- Certain statutory and other requirements and Administration
policies
- Drafting service
- Use of "no comment" reports
8.
Clearance of agency proposed legislation and reports
- OMB action on agency submissions
- Forms of OMB advice
- Agency action on receipt of advice from OMB
- Agency action where prior clearance has not been effected
- Reclearance requirements
9.
Interagency consultation
10.
Enrolled bills
- Initial OMB action
- Agency action
- Preparation of enrolled bill letters
- Subsequent OMB action
11.
Agency legislative liaison officers
12.
Communications to OMB
Attachments:
- Instructions Relating to the Preparation of Agency Legislative
Programs
- Instructions for the Preparation and
Submission to Congress of Legislative Proposals Authorizing
the Enactment of Additional Appropriations or Providing
New Budget Authority Outside of Appropriation Acts
- Basic Forms of OMB Advice
September 20, 1979
CIRCULAR
NO. A-19
Revised
Transmittal Memorandum No. 1
TO
THE HEADS OF EXECUTIVE DEPARTMENTS AND ESTABLISHMENTS
SUBJECT:
Revision of Circular No. A-19, Revised, Dated July 31,
1972:
Legislative Coordination and Clearance
This
transmits a revision of Circular No. A-19, Revised, dated
July 1972: Legislative Coordination and Clearance.
The
attached revision updates the Circular generally and makes
explicit several long-standing practices. It does not change
the basic aspects of the legislative coordination and clearance
requirements and process.
The
principal changes are as follows:
- The
Circular has been extensively restructured and a table of
contents has been added to facilitate its reference use.
- Requirements
to identify the effect of legislation on personnel needs
have been made explicit (sections 6e(5), 7f(1)(c), 7f(2),
and 1Oc(4)(f)).
- Requirements
are set forth with respect to section 607 of the Congressional
Budqet Act of 1974 dealing with year-ahead requests for
authorizing the enactment of new budget authority (section
7e and Attachment B).
- Additions
have been made to the list of statutory and other requirements
and Administration policies that should be taken into account
(section 7h).
- orms
of clearance advice given by OMB are set forth and explained
(section 8(b) and Attachment C).
- Previous
Attachments B, C, and D have been deleted.
Attachments
CIRCULAR
NO. A-19
Revised
TO
THE HEADS OF EXECUTIVE DEPARTMENTS AND ESTABLISHMENTS
SUBJECT: Legislative coordination and clearance
1. Purpose. This Circular outlines procedures for the
coordination and clearance by the Office of Management and
Budget (OMB) of agency recommendations on proposed, pending,
and enrolled legislation. It also includes instructions on
the timing and preparation of agency legislative programs.
2. Rescission. This revision supersedes and rescinds
Circular No. A-19, Revised, dated July 31, 1972.
3. Background. OMB performs legislative coordination
and clearance functions to (a) assist the President in developing
a position on legislation, (b) make known the Administration's
position on legislation for the guidance of the agencies and
information of Congress, (c) assure appropriate consideration
of the views of all affected agencies, and (d) assist the
President with respect to action on enrolled bills.
4. Coverage. All executive branch agencies (as defined
in section 5b) are subject to the provisions of this Circular,
except those agencies that are specifically required by law
to transmit their legislative proposals, reports, or testimony
to the Congress without prior clearance. OMB will, however,
honor requests from such agencies for advice on the relationship
of particular legislation, reports, or testimony to the program
of the President. The municipal government of the District
of Columbia is covered to the extent that legislation involves
the relationship between it and the Federal Government. Agencies
of the legislative and judicial branches are not covered by
this Circular.
5. Definitions. For the purpose of this Circular,
the following definitions apply:
- Advice. Information transmitted to an agency by
OMB stating the relationship of particular legislation
and reports thereon to the program of the President or
stating the views of OMB as a staff agency for the President
with respect to such legislation and reports.
- Agency. Any executive department or independent
commission, board, bureau, office, agency, Government-owned
or controlled corporation, or other establishment of
the Government, including any regulatory commission or
board and also the municipal government of the District
of Columbia.
- Proposed legislation*. A draft bill or any
supporting document (e.g., Speaker letter, section-by-section
analysis, statement of purpose and justification, etc.)
that an agency wishes to present to Congress for its
consideration. Also, any proposal for or endorsement
of Federal legislation included in an agency's annual
or special report or in other written form which an agency
proposes to transmit to Congress, or to any Member or
committee, officer or employee of Congress, or staff
of any committee or Member, or to make available to any
study group, commission, or the public.
- Pending bill. Any bill or resolution that
has been introduced in Congress or any amendment to a
bill or resolution while in committee or when proposed
for House or Senate floor consideration during debate.
Also, any proposal placed before the conferees on a bill
that has passed both Houses.
- Report (including testimony).* Any written
expression of official views prepared by an agency on
a pending bill for (1) transmittal to any committee,
Member, officer or employee of Congress, or staff of
any committee or Member, or (2) presentation as testimony
before a congressional committee. Also, any comment or
recommendation on pending legislation included in an
agency's annual or special report that an agency proposes
to transmit to Congress, or any Member or committee,
or to make available to any study group, commission,
or the public.
- Enrolled bill. A bill or resolution passed
by both Houses of Congress and presented to the President
for action.
- Views letter. An agency's written comments
provided at the request of OMB on a pending bill or on
another agency's proposed legislation, report, or testimony.
6. Agency legislative programs.
- Submission to OMB. Each agency shall prepare and
submit to OMB annually its proposed legislative program
for the next session of Congress. If an agency has
no legislative program, it should submit a statement
to this effect.
_________________
* The terms "proposed legislation" and "report" do not include
materials submitted in justification of appropriation requests
or proposals for reorganization plans.
- Purposes of legislative program submission. The essential
purposes for requiring agencies to submit annual legislative
programs are: (1) to assist agency planning for legislative
objectives; (2) to help agencies coordinate their legislative
program with the preparation of their annual budget
submissions to OMB; (3) to give agencies an opportunity
to recommend specific proposals for Presidential endorsement;
and (4) to aid OMB and other staff of the Executive
Office of the President in developing the President's
legislative program, budget, and annual and special
messages.
- Timing of submission to OMB. (1) Each agency shall
submit its proposed legislative program to OMB at the
same time as it initially submits its annual budget
request as required by OMB Circular No. A-11. Timely
submission is essential if the programs are to serve
the purposes set forth in section 6b.
(2)
Items that are not included in an agency's legislative
program and have significant upward budget impact
will not be considered after the budget is prepared
unless they result from circumstances not foreseeable
at the time of final budget decisions.
- Number of copies. Each agency shall furnish 25 copies
of its proposed legislative program to OMB. These copies
will be distributed by OMB within the Executive Office
of the President.
- Program content. Each agency shall prepare its legislative
program in accordance with the instructions in Attachment
A. Agency submissions shall include:
(1)
All items of legislation that an agency contemplates
proposing to Congress (or actively supporting,
if already pending legislation) during the coming
session, including proposals to extend expiring
laws or repeal provisions of existing laws. These
items should be based on policy-level decisions
within the agency and should take into account
the President's known legislative, budgetary, and
other relevant policies. Agencies' proposed legislative
programs should identify those items of sufficient
importance to be included in the President's legislative
program.
(2)
A separate list of legislative proposals under active consideration
in the agency that are not yet ready for inclusion in its
proposed legislative program. For each item in this list,
the agency should indicate when it expects to reach a policy-level
decision and, specifically, whether it expects to propose
the item in time for its consideration for inclusion in
the annual budget under preparation.
(3)
A separate list of all laws or provisions of law affecting
an agency that will expire between the date the program
is submitted to OMB and the end of the two following calendar
years, whether or not the agency plans to propose their
extension.
(4)
All items in the submissions that are proposed, or expected
to be proposed, for inclusion in the annual budget shall
be accompanied by a tabulation showing amounts of budget
authority and outlays or other measure of budgetary impact
for the budget year and for each of the four succeeding
fiscal years. See section 201(a)(5),(6), and (12) of the
Budget and Accounting Act, 1921, as amended (31 U.S.C. 11(a)(12)).
Criteria in OMB Circular No. A-11 shall be used in preparing
these tabulations.
(5)
All items covered by section 6e(4) above shall also be accompanied
by estimates of work-years of employment and of personnel
required to carry out the proposal in the budget year and
four succeeding fiscal years.
- Relationship to advice. Submission of a legislative
program to OMB does not constitute a request for advice
on individual legislative proposals. Such requests
should be made in the manner prescribed in section
7 of this Circular.
7. Submission of agency proposed legislation and reports.
- Submission to OMB. Before an agency transmits proposed
legislation or a report (including testimony) outside
the Executive branch, it shall submit the proposed
legislation or report or testimony to OMB for coordination
and clearance.
- Agency scheduling of submissions. Agencies should not
commit themselves to testify on pending bills or to
submit reports or proposed legislation to Congress
on a time schedule that does not allow orderly coordination
and clearance. To facilitate congressional action on
Administration proposals and to forestall hasty, last-minute
clearance requests, agencies should plan their submissions
to OMB on a time schedule that will permit orderly
coordination and clearance. Particular care should
be given to ensuring that draft legislation to carry
out Presidential legislative recommendations is submitted
promptly to OMB to allow sufficient time for analysis
and review.
- Timing of agency submissions.
(1)
Agencies should submit proposed legislation, reports,
and testimony to OMB well in advance of the desired
date of transmittal to Congress.
(2)
Agencies should include in their submissions to OMB of proposed
reports and testimony a copy of any committee request for
such reports and testimony, if the request calls for special
information or includes specific questions to be covered
in the reports or testimony.
(3)
Depending on the complexity and significance of the subject
matter, the policy issues involved, and the number of agencies
affected, an adequate period for clearance by OMB may range
from several days to a number of months. Agencies shall
consult with OMB staff as to necessary periods for clearance,
particularly in cases of major or complex legislation.
(4)
On occasion, very short periods for clearances may be unavoidable
because of congressional time schedules or other factors.
Nevertheless, agencies should make every effort to give
OMB a minimum of five full working days for clearance of
proposed reports or testimony.
(5)
Agencies shall state in their transmittal letters to OMB
any information on congressional schedules or other special
circumstances that may require expedited clearance.
- Number of copies. Agencies should furnish to OMB 10
copies of proposed legislation and supporting materials
and six copies of draft reports or testimony. If wide
circulation or expedited action is required, the originating
agency shall consult informally in advance with OMB
staff on the number of copies to be supplied. Similarly,
agencies should furnish to OMB six copies of their
views letters on other agencies' proposed legislation,
reports, or testimony.
- Submission of legislation authorizing the enactment
of new budget authority.
Section
607 of P.L. 93-344, the Congressional Budget Act of 1974,
requires year-ahead requests for authorizing the enactment
of new budget authority, as follows:
"Notwithstanding
any other provision of law, any request for the enactment
of legislation authorizing the enactment of new budget
authority to continue a program or activity for a fiscal
year (beginning with the fiscal year commencing October
1, 1976) shall be submitted to the Congress not later
than May 15 of the year preceding the year in which such
fiscal year begins. In the case of a request for the enactment
of legislation authorizing the enactment of new budget
authority for a new program or activity which is to continue
for more than one fiscal year, such request shall be submitted
for at least the first 2 fiscal years."
Attachment
B sets forth instructions, necessitated by section 607 of
P.L. 93-344, for the preparation and submission to Congress
of legislative proposals authorizing additional appropriations
or providing new budget authority outside of appropriation
acts.
- Items to be included in agency submissions.
(1)
Agencies should identify proposed legislation submitted
to OMB by using the number assigned to the proposal
in the agency's legislative program submission;
e.g., Agriculture, 96-12 (see Attachment A). Each
legislative proposal shall include a draft transmittal
letter to the Speaker of the House and the President
of the Senate as well as background information
and justification, including where applicable:
(a)
a section-by-section analysis of the provisions of the proposed
legislation;
(b)
comparison with existing law presented in "Ramseyer" or
"Cordon" rule form by underscoring proposed additions
to existing law and bracketing the text of proposed
deletions (This need be done only when it would
facilitate understanding of the proposed legislation.);
(c)
budgetary and personnel impacts as described in sections
6e(4) and (5), including a statement of the relationship
of these estimates to those previously incorporated in the
President's budgetary program. (Public Law 89-554, 5 U.S.C.
2953, requires in certain cases that agencies, in proposing
legislation and in submitting reports favoring legislation,
provide estimates of expenditures and personnel that would
be needed. Public Law 91-510, sections 252(a) (2U.S.C. 190j)
and 252(b) imposes similar requirements on congressional
committees.);
(d)
comparison with previous agency proposals or related bills
introduced in the Congress;
(e)
an identification of other agencies that have an interest
in the proposal;
(f)
an indication of any consultation with other agencies in
the development of the proposal; and
(g)
information required by statute or by Administration policies,
as, for example, that noted in section 7h below.
(2)
Similarly, in their letters to OMB requesting advice on
reports or testimony, agencies should identify related bills
and set forth any relevant comments not included in the
report or testimony itself. As indicated in section 7f(1)(c),
certain reports or testimony favoring legislation are required
by law to include budget and personnel estimates. Where
such estimates are not included in other reports or in testimony
favoring or opposing legislation, agencies should provide
in their letters to OMB a statement of budgetary and personnel
impacts as described in sections 6e(4) and (5), including
a statement of the relationship of these estimates to those
previously incorporated in the President's budgetary program.
(3)
In cases where legislation carries out a Presidential recommendation,
agencies should include in the proposed report or the letter
transmitting proposed legislation a statement identifying
the recommendation and indicating the degree to which the
legislation concerned will carry it out.
-
Views letters. In views letters to OMB, an agency should
indicate whether it supports, opposes, or has no objection
to all or part of a pending bill or of another agency's
proposed legislation, report, or testimony and should
state the reasons for its position. If an agency proposes
changes to a pending bill or to another agency's submission,
its views letter should recommend, insofar as practicable,
specific substitute language.
- Certain statutory and other requirements and Administration
policies. Agencies shall carefully consider and take
into account certain requirements of existing statutes
and Executive orders and Administration policies and
directives that are of general applicability. Agency
reports and proposed legislation shall, to the maximum
extent possible, contain or be accompanied by appropriate
recommendations, statements, or provisions to give
effect to such requirements, including but not limited
to:
(1)
Civil rights
(2) Environmental impact
(3) Economic impact
(4) Federal budgetary impact and personnel requirements
(5) Federal and non-federal paperwork requirements
(6) State and local government impact
(7) Urban and community impact
- Drafting service. Agencies need not submit for clearance
bills that they prepare as a drafting service for a
congressional committee or a Member of Congress, provided
that they state in their transmittal letters that the
drafting service does not constitute a commitment with
respect to the position of the Administration or the
agency. Agencies shall advise OMB of these drafting
service requests while the requests are being complied
with, and supply a copy of the request, if in writing.
A copy of each such draft bill and the accompanying
letter should be furnished to OMB at the time of transmittal,
together with an explanatory statement of what the
bill would accomplish if that is not contained in the
transmittal letter.
- Use of "no comment" reports. Agencies should submit
no comment reports only when they have no interest
in the pending legislation or nothing to contribute
by way of informed comment. Agencies should submit
such reports for clearance, unless a different procedure
is informally arranged with OMB. In either event, they
should furnish OMB with one copy of each such report
at the time it is transmitted to Congress.
8. Clearance of agency proposed legislation and reports.
- OMB action on agency submissions.
(1)
OMB will undertake the necessary coordination with other
interested agencies of an agency's proposed legislation
or report. If congressional committees have not requested
reports from all of the interested agencies, OMB will request
other agency views within specified time limits. OMB will
consult with the President, when appropriate, and undertake
such staff work for him as may be necessary in cooperation
with other Presidential staff. OMB may request the originating
agency to provide additional information or may call interagency
meetings to exchange views, resolve differences of opinion,
or clarify the facts.
(2)
When coordination is completed, OMB will transmit advice
to the appropriate agencies, either in writing or by telephone.
In transmitting advice, OMB may indicate considerations
that agencies should or may wish to take into account before
submitting proposed legislation or reports to Congress.
- Forms of OMB advice. The exact forms of OMB advice
will vary to suit the particular case. The basic forms
of advice that are commonly used are set forth and
explained in Attachment C.
- Agency action on receipt of advice from OMB.
(1)
Agencies shall incorporate the advice received from OMB
in their reports and in their letters transmitting proposed
legislation to Congress. Advice on testimony is usually
not included in the testimony as delivered unless it would
be likely to have a significant effect on a committee's
consideration of particular legislation or would not otherwise
be available to a committee through a written report.
(2)
In the case of reports, receipt of advice contrary to views
expressed does not require an agency to change its views.
In such cases, however, the agency will review its position.
If it decides to modify its views, the agency shall consult
with OMB to determine what change, if any, in advice previously
received is appropriate. If, after the review, the views
of the agency are not modified, it shall incorporate in
its report the full advice it received.
(3)
In the case of proposed legislation, the originating agency
shall not submit to Congress any proposal that OMB has advised
is in conflict with the program of the President or has
asked the agency to reconsider as a result of the coordination
process. In such cases, OMB will inform the agency of the
reasons for its action.
(4)
Agencies are expected to transmit reports and proposed legislation
to Congress promptly after receiving OMB clearance. Should
circumstances arise that make prompt transmittal inadvisable,
the agency shall immediately notify OMB. Similarly, in the
case of cleared testimony, the agency shall immediately
notify OMB if its testimony has been cancelled or rescheduled.
(5)
Agencies should observe the instructions in House and Senate
rules to forward proposed legislation or various reports
required by law to the Speaker of the House and the President
of the Senate. Reports that have been requested by committee
chairmen on bills and resolutions pending before their committees
should be transmitted directly to the requesting committees.
(6)
Agencies shall furnish to OMB two copies of all proposed
legislation, transmittal letters and accompanying materials,
and reports (including testimony) in the form actually transmitted
to the Congress. If reports or testimony cover more than
one bill, agencies shall furnish two copies for each bill.
- Agency action where prior clearance has
not been effected.
(1)
Agencies shall not submit to Congress proposed legislation
that has not been coordinated and cleared within the Executive
branch in accordance with this Circular.
(2)
If congressional time schedules do not allow an agency to
send its proposed report to OMB in time for the normal clearance
and advice, the agency shall consult informally with OMB
as to the advice to be included in the proposed report.
OMB may advise the agency to state in its report that time
has not permitted securing advice from OMB as to the relationship
of the proposed legislation to the program of the President.
Agencies shall send to OMB six copies of such reports at
the same time that they are transmitted to Congress. Where
appropriate, OMB will subsequently furnish advice on the
report, which the agency shall transmit promptly to Congress.
(3)
In cases where an agency has not submitted a report for
clearance and its views on pending legislation are to be
expressed in the form of oral, unwritten testimony, OMB
will undertake such coordination and give such advice as
the circumstances permit. In presenting oral testimony,
the agency should indicate what advice, if any, has been
received from OMB. If no advice has been obtained, the agency
should so indicate.
- Reclearance requirements. The advice received from
OMB generally applies to all sessions of each Congress,
but it does not carry over from one Congress to the
next. Generally, agencies do not need to seek reclearance
of reports on which they have already received advice
before making the same reports on identical bills
introduced in the same Congress, unless considerable
time has elapsed or changed conditions indicate that
the need for reclearance is appropriate or should
be rechecked. Prior to transmitting such reports,
however, agencies shall consult informally with appropriate
OMB staff to determine whether reclearance is necessary.
In cases where reclearance does not take place, agencies
shall include in the subsequent report appropriate
reference to the advice received on the original
report. They shall also send one copy of any subsequent
report to OMB at the same time that it is transmitted
to Congress. The transmittal letter to OMB should
identify the related report that was previously cleared.
9. Interagency Consultation. In carrying out their
legislative functions, agencies are encouraged to consult
with each other in order that all relevant interests and
points of view may be considered and accommodated, where
appropriate, in the formulation of their positions. Such
consultation is particularly important in cases of overlapping
interest, and intensive efforts should be made to reach
interagency agreement before proposed legislation or reports
are sent to OMB. In order that the President may have the
individual views of the responsible heads of the agencies,
however, proposed legislation or reports so coordinated
shall be sent to OMB by the individual agencies involved,
with appropriate reference to the interagency consultation
that has taken place.
10. Enrolled Bills. Under the Constitution, the President
has 10 days (including holidays but excluding Sundays) to
act on enrolled bills after they are presented to him. To
assure that the President has the maximum possible time
for consideration of enrolled bills, agencies shall give
them top priority.
- Initial OMB action. OMB will obtain facsimiles of
enrolled bills from the Government Printing Office
and immediately forward one facsimile to each interested
agency, requesting the agency's views and its recommendation
for Presidential action.
- Agency action. Each agency receiving such a request
shall immediately prepare a letter presenting its views
and deliver it in duplicate to OMB not later than two
days (including holidays but excluding Sundays) after
receipt of the facsimile. OMB may set different deadlines
as dictated by circumstances. Agencies shall deliver
these letters by special messenger to OMB.
- Preparation of enrolled bill letters.
(1)
Agencies' letters on enrolled bills are transmitted to the
President and should be written so as to assist the President
in reaching a decision. Each letter should, therefore, be
complete in itself and should not, as a general rule, incorporate
earlier reports by reference.
(2)
Agencies' letters on enrolled bills are privileged communications,
and agencies shall be guided accordingly in determining
their content.
(3)
Because of the definitive nature of Presidential action
on enrolled bills, agency letters shall be signed by a Presidential
appointee.
(4)
Agencies' letters shall contain:
(a)
an analysis of the significant features of the bill including
changes from existing law. OMB staff will advise the agencies
on which one should write the detailed analysis of the bill
where more than one agency is substantially affected;
(b)
a comparison of the bill with the Administration proposals,
if any, on the same subject;
(c)
comments, criticisms, analyses of benefits and shortcomings,
or special considerations that will assist the President
in reaching a decision;
(d)
identification of any factors that make it necessary or
desirable for the President to act by a particular date;
(e)
an estimate of the first-year and recurring costs or savings
and the relationship of the estimates to those previously
incorporated in the President's budgetary program;
(f)
an estimate of the additional number of personnel required
to implement the bill; and
(g)
a specific recommendation for approval or disapproval by
the President.
(5)
Agencies recommending disapproval shall submit with their
letters a proposed veto message or memorandum of disapproval,
in quadruplicate, prepared on legal-size paper and double-spaced.
Such messages or memoranda should be finished products in
form and substance that can be used by the President without
further revision.
(6)
Agencies may wish to recommend issuance of a signing statement
by the President. Agencies so recommending shall submit
with their letters a draft of such statement, in the same
form and quantity as required for a proposed veto message.
In some cases, OMB may request an agency to prepare a draft
signing statement.
(7)
Agencies' letters on private bills shall cite, where appropriate,
precedents that support the action they recommend or that
need to be distinguished from the action recommended.
- Subsequent OMB action. OMB will transmit agencies'
letters to the President, together with a covering
memorandum, not later than the fifth day following
receipt of the enrolled bill at the White House.
11. Agency legislative liaison officers. To assist
in effecting interagency coordination, each agency shall
furnish OMB with the name of a liaison officer who has been
designated by the agency to handle the coordination of legislative
matters under this Circular. From time to time, OMB will
send agencies lists of the liaison officers so designated.
Agencies should promptly notify OMB of any change in their
liaison officers.
12. Communications to OMB.
- Written agency communications to OMB transmitting
proposed legislation, proposed reports, views letters
on other agencies' proposed legislation or reports,
and letters on enrolled bills should be addressed to:
Director, Office of Management and Budget
Attention: Assistant Director for Legislative Reference
The
envelope containing such communications should be addressed:
Legislative Reference Division
Office of Management and Budget
Room 7203, New Executive Office Building
unless
a different arrangement is made with an appropriate OMB
staff member.
- Questions on status of proposed legislation, reports,
testimony, or enrolled bills should be directed to
appropriate OMB staff or to the Legislative Information
Center (telephone 395-3230).
DIRECTOR
Attachments
ATTACHMENT A
Circular No. A-19
Revised
INSTRUCTIONS
RELATING TO THE PREPARATION OF
AGENCY LEGISLATIVE PROGRAMS
1. Agencies'
proposed legislative programs should be divided into two parts:
PART
I -- PRESIDENT'S PROGRAM PROPOSALS
Those items that the agency believes are of sufficient
importance to be included in the President's legislative
program and given specific endorsement by him in one of
the regular annual messages, such as the budget message,
or in a special message.
PART
II -- ALL OTHER PROPOSALS
2.
Within each Part, agencies should list the items in order
of relative priority. Each item of proposed legislation
should be given a separate number for purposes of ready
identification, using a numbering system which identifies
the Congress; e.g., Agriculture, 96-12.
3.
With respect to each item, agencies should provide the following
information:
-
A brief description of the proposal, its objectives,
and its relationship to existing programs. Agencies
should include greater detail on the specific provisions
of proposals included in Part I or where the subject
matter of the proposal contains new policies or programs
or raises complex issues;
-
Pertinent comments as to timing and readiness of draft
legislation;
-
Pertinent references to bills and reports concerning
the subject of the proposal in current or recent sessions
of Congress;
-
An estimate for each of the first five fiscal years
of (1) any budget authority and outlays that would
be required, (2) any savings in budget authority and
outlays, (3) any changes in budget receipts, and (4)
work years of employment and numbers of personnel.
These estimates-should be prepared in accordance with
the instructions in OMB Circular No. A-11.
4.
The lists of (a) legislative proposals still under consideration
in an agency and (b) expiring laws (see section 6 of the
Circular) should be presented separately from Parts I and
II. The following special instructions apply to them:
- Items still under consideration should be listed
in approximate order of priority and each briefly described
in terms of subject matter and status.
- Each expiring law should be described in terms
of (1) the subject, (2) the citation, (3) the date
of expiration, (4) the agency's views as to whether
the law should be extended or permitted to expire,
and (5) other pertinent information. If an agency recommends
extension, the proposal should also be included in
Part I or Part II, as appropriate.
5.
The legislative program submission should be prepared on
letter-size paper. General conformance to the format of
the attached exhibit will greatly facilitate the use of
these programs.
EXHIBIT FOR ATTACHMENT A
Circular No. A-l9
Revised
DEPARTMENT
OF GOVERNMENT
PROPOSED LEGISLATIVE PROGRAM FOR THE ______ SESSION
OF THE ______ CONGRESS
(Items in each Part are listed in order of priority)
PART
I -- PRESIDENT'S PROGRAM PROPOSALS
96-3 Amend the provisions of the 1902 Reclamation Act
regarding acreage limitation, residency, leasing, excess
land sales, the use of Class 1 Equivalency, contracts and
contracting procedures, and certain administrative
procedures. This proposal would modify and update the
acreage limitation provisions of Federal Reclamation law
to reflect and accommodate modern agricultural practices,
but at the same time retain the basic concept of the
Reclamation program--providing opportunities for family
farms.
The Department has recommended that legislation amending
the law reflect the following: Eligibility to receive
project water would be limited to adults--18 years of age
or older; Residency as provided in the Reclamation Act of
1902, and defined as a maximum distance of 50 miles from
the land, would be reimposed on both lessors and lessees
of project lands, with specific guidelines for phasing in
the requirement; the acreage entitlement for which project
water would be available would be increased to 320 acres
owned per adult individual, with an additional allowance
of 160 acres leased, or the entire 480 acres could be
leased (family corporations and multiple ownerships could
hold up to 960 acres without regard to the number of
people in the arrangement); Class 1 equivalency would be
authorized for general use for projects with a frost-free
growing season of 180-days or less and would be applied on
a project-by-project basis; contracts with districts
containing provisions for exemption from acreage
limitation provisions upon payout of construction charges
would be approved; Sale of excess land by the owner to
immediate family members, long-time tenants, employees, or
adjoining neighbors would be permitted; Charitable and
religious organizations holding project lands on
January 1, 1978, would be exempt from acreage limitations.
Cost: The estimated cost to the government of administering this
proposal would be comparable to the estimated cost of
implementing the compliance program under regulations
which are being promulgated at this time. The estimated
cost of the compliance program for the 5-year period after
the final rules are published (not including EIS costs
prior to the final rules) is:
FY 1980 FY 1981 FY 1982 FY 1983 FY 1984
(millions) 2.4 2.4 2.0 2.0 2.0
Personnel requirements: Estimated personnel requirements are:
FY 1980 FY 1981 FY 1982 FY 1983 FY 1984
(work-years) 76 76 64 64 64
(personnel) 85 85 70 70 70
PART
II -- ALL OTHER PROPOSALS
96-14 Amend Federal Power Commission Act of 1920. This proposal
would amend the Federal Power Commission Act of 1920 to
provide that a license will be issued only after the
Secretary administering affected public lands makes a
determination that the license will not interfere or be
inconsistent with the purposes for which such lands are
reserved. The Federal Power Commission has interpreted
Section 4(e) to require only consideration of the affected
Secretary's recommendations.
The proposal would also amend the act to provide for
extinguishment of withdrawals created by the Federal
Energy Regulatory Commission (FERC) applications if the
FERC has not responded to the applicant within 6 months or
as of date of denial or expiration, surrender, revocation,
or termination of the license. Most applications do not
result in FPC licenses; yet the land is withdrawn. The
administrative process of removing the withdrawals is
cumbersome and time consuming and constrains the land
managing agency from fully managing these lands for their
resource values or from using these lands in exchanges.
Revocation of the FERC withdrawal within a specified time
period would be consistent with the provisions of Title II
of the Federal Lands Policy and Management-Act relating to
withdrawals.
No additional appropriations or outlays would be required.
ATTACHMENT
B
Circular No. A-19
Revised
INSTRUCTIONS FOR THE PREPARATION AND
SUBMISSION TO CONGRESS OF LEGISLATIVE
PROPOSALS AUTHORIZING THE ENACTMENT OF ADDITIONAL
APPROPRIATIONS OR PROVIDING NEW BUDGET
AUTHORITY OUTSIDE OF APPROPRIATION ACTS
1. Legislative
proposals providing authorizations to continue programs
or activities.
Under section 607 of P.L. 93-344, the Congressional Budget
Act of 1974, legislative proposals to extend authorizations
scheduled to expire at the end of a given fiscal year
should be transmitted to Congress by May 15 of the fiscal
year preceding that fiscal year. (For example, if an authorization
expired on September 30, 1979, draft legislation to extend
the authorization should have been transmitted to Congress
by May 15, 1978.) If such proposals were not transmitted
or were not enacted, new or revised proposals with language
covering the budget year (i.e., the upcoming fiscal year)
should be included in the same bill as proposals for the
budget year plus one and subsequent years.
More specifically:
- Proposals for agencies and programs that are
customarily authorized on an annual basis (e.g.,
NASA, NSF, State, Justice, Peace Corps, military
procurement and construction) should cover, in the
same bill, proposed language for the budget year
plus one and resubmittals or revisions of previously
proposed authorizations for the budget year. Subsequent
years should also be included if agencies deem it
desirable and feasible.
- Other legislative proposals to extend authorizations
for the enactment of new budget authority expiring
at the end of the budget year should cover, in the
same bill, the budget year plus one and such subsequent
years as is customary or deemed desirable for the
particular program or activity involved.
- Any proposals that provide for authorizations
for the budget year or the current fiscal year should
be submitted to Congress immediately after OMB clearance.
2. Legislative proposals providing authorizations for
new programs or activities.
- Proposals authorizing enactment of budget authority
for a new program or activity should include at least
two fiscal years, unless such new program or activity
is proposed to be effective for only one fiscal year
and to terminate at the end of that year.
- Proposals that provide for authorizations to
begin in the budget year plus one should, to the
extent feasible, be prepared for submission to Congress
no later than May 15 of the current fiscal year.
3. General instructions for legislation authorizing
the enactment of new budget authority.
- In keeping with the intent of section 401 of P.L.
93-344, proposals including contract authority or
borrowing authority should provide that such authority
is to be effective only to such extent or in such
amounts as are provided in appropriation acts. Backdoor
financing provisions may be proposed only when the
exceptions set forth in section 401(d) of P.L. 93-344
apply.
- As a general rule, bills submitted to Congress
authorizing new budget authority for the current
fiscal year or budget year will contain specific
dollar amounts for those years. These amounts should
be those approved for the Budget. For subsequent
years, the bills should include "such sums as may be necessary" authorizations
unless the agency and OMB agree that special circumstances
warrant inclusion of specific amounts.
(1) Where specific amounts are included for years
beyond the budget year, those amounts should be consistent
with the five-year projections of budget authority
printed in the Budget pursuant to P.L. 93-344. Such
amounts will be based on the criteria provided for
long-range projections in OMB Circular No. A-11.
(2) Authorizing legislation covering principally
salaries and administrative expenses which heretofore
has been enacted without specific dollar amounts
may continue to be proposed for "such sums as may be necessary"
for all fiscal years, including the current and
budget fiscal years.
-
Agencies should draft their authorizing bills to
incorporate the highest feasible level of aggregation
for new budget authority.
4. Required materials.
-
Budget year authorization extensions. Proposed
legislation authorizing the continuation of existing
programs in the budget year should have been submitted
to Congress not later than May 15 of the fiscal year
preceding the current fiscal year. In cases where
Congress did not enact budget year authorizations,
new or revised authorizations should be submitted
to Congress at the earliest possible date after the
budget is published.
Accordingly, each agency will submit to OMB no later
than December 15 of each year 10 copies of drafts
of proposed authorizing legislation to extend programs
and activities that are authorized through the current
fiscal year, but for which it will be necessary to
propose new or revised authorizations for the budget
year and subsequent years. Since the specific amounts of the authorizations
to be included cannot be determined until after decisions
are made in connection with the budget, the draft
bills are submitted to OMB should contain blank spaces
for these amounts. When the budget decisions are
final, OMB and the agencies will agree on the figures
to be inserted.
- Authorization extensions for the budget year plus
one. Proposed legislation authorizing the continuation
of existing programs in the budget year plus one
must be submitted to Congress not later than May
15 of the current fiscal year. To meet this deadline,
sufficient time must be provided for the legislative
coordination and clearance process.
Accordingly, each agency will submit to OMB as
early as possible but no later than February 28 of
each year 10 copies of legislative proposals for
programs and activities that are authorized through
the budget year, but for which an authorization request
is necessary for the budget year plus one and subsequent
years.
These draft legislative proposals should include "such
sums as may be necessary" authorizations, unless
the agency and OMB agree that special circumstances
warrant inclusion of specific amounts. These figures
should be the amounts agreed on as a result of the
budget review and should be consistent with the five-year
projections included in the Budget.
- Authorizations of new programs or activities. In
cases where decisions have been made during the budget
review calling for authorizing legislation for new
programs or activities proposed to begin in the budget
year plus one, draft bills reflecting those decisions
should be submitted to OMB no later than February
28 of each year, as in paragraph 4b of this Attachment.
ATTACHMENT
C
Circular No. A-19
Revised
BASIC
FORMS OF OMB ADVICE
The
basic forms of advice and their implications are set forth
below:
1. "In accord (not in accord) with the program of the
President." When an agency or a committee of Congress
is advised that enactment of a bill would be in accord
with the program of the President, the advice means that
the bill is of sufficient importance for the President
to give it his personal and public support. That identification
of the legislative proposal with the President is made
in a variety of ways; e.g., by inclusion in one of his
regular messages (State of the Union, Economic, Budget),
a special message, speech, press conference, letter, or
leadership meeting.
"Not
in accord" advice indicates that a bill is so contrary
to the President's legislative proposals or other policies
or is otherwise so objectionable that should it be enacted
in its current form, a veto would be considered. It is
not, however, necessarily a commitment to veto.
2. "Consistent with" advice is used where the relationship
of a legislative proposal to the Administration's objectives
is direct and the Administration's expressed support is
desirable, but the item does not warrant personal identification
with, or support by, the President. "Not consistent with"
advice signals to Congress that there are major objections
to a bill, but does not indicate as clearly as "not in
accord" advice that a veto would be considered if it were
enacted.
3. "No objection from the standpoint of the Administration's
program." Advice that there is no objection to a bill
from the standpoint of the Administration's program is
given on the large number of agency draft bills that deal
with matters primarily of agency concern and do not bear
a direct or immediate relationship to the President's
program or the Administration's objectives. In effect,
such advice indicates to Congress that OMB knows of no
reason why the President would not approve the bill if
Congress should enact it.
Advice to an agency that there is no objection from the
standpoint of the Administration's program to its submission
of a report (or testimony) on a bill to a committee of
Congress does not indicate any commitment as to ultimate
Presidential approval or disapproval of the bill if it
is enacted. Nevertheless, such "no objection" clearance
does set up certain presumptions. If all agencies' views
are favorable, the presumption is that no major objection
to the bill is known and that the agencies affected will
recommend Presidential approval if it becomes enrolled.
If all agencies' views are adverse, the presumption is
that the agencies may wish to recommend a veto if the
bill becomes enrolled.
Infrequently, "no objection" clearance is given to agency
reports expressing divergent views on the same bill. When
this is done, it normally means that there is no objection
to the bill if Congress acts favorably after considering
the adverse views. Occasionally, it means that the Administration's
position is being reserved pending resolution of the agencies'
differences, and this reservation may be explicitly stated.
The interested agencies are advised of each other's differing
views in these cases.
4. Qualified advice. In some cases the advice given
is qualified. For example, the advice may be that there
would be no objection to enactment of the bill from the
standpoint of the Administration's program, or that the
bill would be consistent with the Administration's objectives,
if it were revised in specified respects.
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