0:'omb circular no. a 19 revised september 20, 1979 table of contents 1. purpose 2. rescission 3. background 4. coverage', 1:'5. definitions a. advice b. agency c. proposed legislation d. pending bill e. report including testimony f. enrolled bill g.', 2:'views letter 6. agency legislative programs a. submission to omb b. purposes of legislative program submission c. timing of submission', 3:'to omb d. number of copies e. program content f. relationship to advice 7. submission of agency proposed legislation and', 4:'reports a. submission to omb b. agency scheduling of submissions c. timing of agency submissions d. number of copies e.', 5:'submission of legislation authorizing the enactment of new budget authority f. items to be included in agency submissions g. views', 6:'letters h. certain statutory and other requirements and administration policies i. drafting service j. use of no comment reports 8.', 7:'clearance of agency proposed legislation and reports a. omb action on agency submissions b. forms of omb advice c. agency', 8:'action on receipt of advice from omb d. agency action where prior clearance has not been effected e. reclearance requirements', 9:'9. interagency consultation 10. enrolled bills a. initial omb action b. agency action c. preparation of enrolled bill letters d.', 10:'subsequent omb action 11. agency legislative liaison officers 12. communications to omb attachments: 1. instructions relating to the preparation of', 11:'agency legislative programs 2. instructions for the preparation and submission to congress of legislative proposals authorizing the enactment of additional', 12:'appropriations or providing new budget authority outside of appropriation acts 3. basic forms of omb advice september 20, 1979 circular', 13:'no. a19 revised transmittal memorandum no. 1 to the heads of executive departments and establishments subject: revision of circular no.', 14:'a19, revised, dated july 31, 1972: legislative coordination and clearance this transmits a revision of circular no. a19, revised, dated', 15:'july 1972: legislative coordination and clearance. the attached revision updates the circular generally and makes explicit several longstanding practices. it', 16:'does not change the basic aspects of the legislative coordination and clearance requirements and process. the principal changes are as', 17:'follows: 1. the circular has been extensively restructured and a table of contents has been added to facilitate its reference', 18:'use. 2. requirements to identify the effect of legislation on personnel needs have been made explicit sections 6e5, 7f1c, 7f2,', 19:'and 1oc4f. 3. requirements are set forth with respect to section 607 of the congressional budqet act of 1974 dealing', 20:'with yearahead requests for authorizing the enactment of new budget authority section 7e and attachment b. 4. additions have been', 21:'made to the list of statutory and other requirements and administration policies that should be taken into account section 7h.', 22:'5. orms of clearance advice given by omb are set forth and explained section 8b and attachment c. 6. previous', 23:'attachments b, c, and d have been deleted. attachments circular no. a19 revised to the heads of executive departments and', 24:'establishments subject: legislative coordination and clearance 1. purpose. this circular outlines procedures for the coordination and clearance by the office', 25:'of management and budget omb of agency recommendations on proposed, pending, and enrolled legislation. it also includes instructions on the', 26:'timing and preparation of agency legislative programs. 2. rescission. this revision supersedes and rescinds circular no. a19, revised, dated july', 27:'31, 1972. 3. background. omb performs legislative coordination and clearance functions to a assist the president in developing a position', 28:'on legislation, b make known the administrations position on legislation for the guidance of the agencies and information of congress,', 29:'c assure appropriate consideration of the views of all affected agencies, and d assist the president with respect to action', 30:'on enrolled bills. 4. coverage. all executive branch agencies as defined in section 5b are subject to the provisions of', 31:'this circular, except those agencies that are specifically required by law to transmit their legislative proposals, reports, or testimony to', 32:'the congress without prior clearance. omb will, however, honor requests from such agencies for advice on the relationship of particular', 33:'legislation, reports, or testimony to the program of the president. the municipal government of the district of columbia is covered', 34:'to the extent that legislation involves the relationship between it and the federal government. agencies of the legislative and judicial', 35:'branches are not covered by this circular. 5. definitions. for the purpose of this circular, the following definitions apply: a.', 36:'advice. information transmitted to an agency by omb stating the relationship of particular legislation and reports thereon to the program', 37:'of the president or stating the views of omb as a staff agency for the president with respect to such', 38:'legislation and reports. b. agency. any executive department or independent commission, board, bureau, office, agency, governmentowned or controlled corporation, or', 39:'other establishment of the government, including any regulatory commission or board and also the municipal government of the district of', 40:'columbia. c. proposed legislation. a draft bill or any supporting document e.g., speaker letter, section bysection analysis, statement of purpose', 41:'and justification, etc. that an agency wishes to present to congress for its consideration. also, any proposal for or endorsement', 42:'of federal legislation included in an agencys annual or special report or in other written form which an agency proposes', 43:'to transmit to congress, or to any member or committee, officer or employee of congress, or staff of any committee', 44:'or member, or to make available to any study group, commission, or the public. d. pending bill. any bill or', 45:'resolution that has been introduced in congress or any amendment to a bill or resolution while in committee or when', 46:'proposed for house or senate floor consideration during debate. also, any proposal placed before the conferees on a bill that', 47:'has passed both houses. e. report including testimony. any written expression of official views prepared by an agency on a', 48:'pending bill for 1 transmittal to any committee, member, officer or employee of congress, or staff of any committee or', 49:'member, or 2 presentation as testimony before a congressional committee. also, any comment or recommendation on pending legislation included in', 50:'an agencys annual or special report that an agency proposes to transmit to congress, or any member or committee, or', 51:'to make available to any study group, commission, or the public. f. enrolled bill. a bill or resolution passed by', 52:'both houses of congress and presented to the president for action. g. views letter. an agencys written comments provided at', 53:'the request of omb on a pending bill or on another agencys proposed legislation, report, or testimony. 6. agency legislative', 54:'programs. a. submission to omb. each agency shall prepare and submit to omb annually its proposed legislative program for the', 55:'next session of congress. if an agency has no legislative program, it should submit a statement to this effect. b.', 56:'purposes of legislative program submission. the essential purposes for requiring agencies to submit annual legislative programs are: 1 to assist', 57:'agency planning for legislative objectives; 2 to help agencies coordinate their legislative program with the preparation of their annual budget', 58:'submissions to omb; 3 to give agencies an opportunity to recommend specific proposals for presidential endorsement; and 4 to aid', 59:'omb and other staff of the executive office of the president in developing the presidents legislative program, budget, and annual', 60:'and special messages. c. timing of submission to omb. 1 each agency shall submit its proposed legislative program to omb', 61:'at the same time as it initially submits its annual budget request as required by omb circular no. a11. timely', 62:'submission is essential if the programs are to serve the purposes set forth in section 6b. 2 items that are', 63:'not included in an agencys legislative program and have significant upward budget impact will not be considered after the budget', 64:'is prepared unless they result from circumstances not foreseeable at the time of final budget decisions. d. number of copies.', 65:'each agency shall furnish 25 copies of its proposed legislative program to omb. these copies will be distributed by omb', 66:'within the executive office of the president. e. program content. each agency shall prepare its legislative program in accordance with', 67:'the instructions in attachment a. agency submissions shall include: 1 all items of legislation that an agency contemplates proposing to', 68:'congress or actively supporting, if already pending legislation during the coming session, including proposals to extend expiring laws or repeal', 69:'provisions of existing laws. these items should be based on policylevel decisions within the agency and should take into account', 70:'the presidents known legislative, budgetary, and other relevant policies. agencies proposed legislative programs should identify those items of sufficient importance', 71:'to be included in the presidents legislative program. 2 a separate list of legislative proposals under active consideration in the', 72:'agency that are not yet ready for inclusion in its proposed legislative program. for each item in this list, the', 73:'agency should indicate when it expects to reach a policylevel decision and, specifically, whether it expects to propose the item', 74:'in time for its consideration for inclusion in the annual budget under preparation. 3 a separate list of all laws', 75:'or provisions of law affecting an agency that will expire between the date the program is submitted to omb and', 76:'the end of the two following calendar years, whether or not the agency plans to propose their extension. 4 all', 77:'items in the submissions that are proposed, or expected to be proposed, for inclusion in the annual budget shall be', 78:'accompanied by a tabulation showing amounts of budget authority and outlays or other measure of budgetary impact for the budget', 79:'year and for each of the four succeeding fiscal years. see section 201a5,6, and 12 of the budget and accounting', 80:'act, 1921, as amended 31 u.s.c. 11a12. criteria in omb circular no. a11 shall be used in preparing these tabulations.', 81:'5 all items covered by section 6e4 above shall also be accompanied by estimates of workyears of employment and of', 82:'personnel required to carry out the proposal in the budget year and four succeeding fiscal years. f. relationship to advice.', 83:'submission of a legislative program to omb does not constitute a request for advice on individual legislative proposals. such requests', 84:'should be made in the manner prescribed in section 7 of this circular. 7. submission of agency proposed legislation and', 85:'reports. a. submission to omb. before an agency transmits proposed legislation or a report including testimony outside the executive branch,', 86:'it shall submit the proposed legislation or report or testimony to omb for coordination and clearance. b. agency scheduling of', 87:'submissions. agencies should not commit themselves to testify on pending bills or to submit reports or proposed legislation to congress', 88:'on a time schedule that does not allow orderly coordination and clearance. to facilitate congressional action on administration proposals and', 89:'to forestall hasty, lastminute clearance requests, agencies should plan their submissions to omb on a time schedule that will permit', 90:'orderly coordination and clearance. particular care should be given to ensuring that draft legislation to carry out presidential legislative recommendations', 91:'is submitted promptly to omb to allow sufficient time for analysis and review. c. timing of agency submissions. 1 agencies', 92:'should submit proposed legislation, reports, and testimony to omb well in advance of the desired date of transmittal to congress.', 93:'2 agencies should include in their submissions to omb of proposed reports and testimony a copy of any committee request', 94:'for such reports and testimony, if the request calls for special information or includes specific questions to be covered in', 95:'the reports or testimony. 3 depending on the complexity and significance of the subject matter, the policy issues involved, and', 96:'the number of agencies affected, an adequate period for clearance by omb may range from several days to a number', 97:'of months. agencies shall consult with omb staff as to necessary periods for clearance, particularly in cases of major or', 98:'complex legislation. 4 on occasion, very short periods for clearances may be unavoidable because of congressional time schedules or other', 99:'factors. nevertheless, agencies should make every effort to give omb a minimum of five full working days for clearance of', 100:'proposed reports or testimony. 5 agencies shall state in their transmittal letters to omb any information on congressional schedules or', 101:'other special circumstances that may require expedited clearance. d. number of copies. agencies should furnish to omb 10 copies of', 102:'proposed legislation and supporting materials and six copies of draft reports or testimony. if wide circulation or expedited action is', 103:'required, the originating agency shall consult informally in advance with omb staff on the number of copies to be supplied.', 104:'similarly, agencies should furnish to omb six copies of their views letters on other agencies proposed legislation, reports, or testimony.', 105:'e. submission of legislation authorizing the enactment of new budget authority. section 607 of p.l. 93344, the congressional budget act', 106:'of 1974, requires yearahead requests for authorizing the enactment of new budget authority, as follows: notwithstanding any other provision of', 107:'law, any request for the enactment of legislation authorizing the enactment of new budget authority to continue a program or', 108:'activity for a fiscal year beginning with the fiscal year commencing october 1, 1976 shall be submitted to the congress', 109:'not later than may 15 of the year preceding the year in which such fiscal year begins. in the case', 110:'of a request for the enactment of legislation authorizing the enactment of new budget authority for a new program or', 111:'activity which is to continue for more than one fiscal year, such request shall be submitted for at least the', 112:'first 2 fiscal years. attachment b sets forth instructions, necessitated by section 607 of p.l. 93344, for the preparation and', 113:'submission to congress of legislative proposals authorizing additional appropriations or providing new budget authority outside of appropriation acts. f. items', 114:'to be included in agency submissions. 1 agencies should identify proposed legislation submitted to omb by using the number assigned', 115:'to the proposal in the agencys legislative program submission; e.g., agriculture, 9612 see attachment a. each legislative proposal shall include', 116:'a draft transmittal letter to the speaker of the house and the president of the senate as well as background', 117:'information and justification, including where applicable: a a sectionbysection analysis of the provisions of the proposed legislation; b comparison with', 118:'existing law presented in ramseyer or cordon rule form by underscoring proposed additions to existing law and bracketing the text', 119:'of proposed deletions this need be done only when it would facilitate understanding of the proposed legislation. ; c budgetary', 120:'and personnel impacts as described in sections 6e4 and 5, including a statement of the relationship of these estimates to', 121:'those previously incorporated in the presidents budgetary program. public law 89554, 5 u.s.c. 2953, requires in certain cases that agencies,', 122:'in proposing legislation and in submitting reports favoring legislation, provide estimates of expenditures and personnel that would be needed. public', 123:'law 91510, sections 252a 2u.s.c. 190j and 252b imposes similar requirements on congressional committees. ; d comparison with previous agency', 124:'proposals or related bills introduced in the congress; e an identification of other agencies that have an interest in the', 125:'proposal; f an indication of any consultation with other agencies in the development of the proposal; and g information required', 126:'by statute or by administration policies, as, for example, that noted in section 7h below. 2 similarly, in their letters', 127:'to omb requesting advice on reports or testimony, agencies should identify related bills and set forth any relevant comments not', 128:'included in the report or testimony itself. as indicated in section 7f1c, certain reports or testimony favoring legislation are required', 129:'by law to include budget and personnel estimates. where such estimates are not included in other reports or in testimony', 130:'favoring or opposing legislation, agencies should provide in their letters to omb a statement of budgetary and personnel impacts as', 131:'described in sections 6e4 and 5, including a statement of the relationship of these estimates to those previously incorporated in', 132:'the presidents budgetary program. 3 in cases where legislation carries out a presidential recommendation, agencies should include in the proposed', 133:'report or the letter transmitting proposed legislation a statement identifying the recommendation and indicating the degree to which the legislation', 134:'concerned will carry it out. g. views letters. in views letters to omb, an agency should indicate whether it supports,', 135:'opposes, or has no objection to all or part of a pending bill or of another agencys proposed legislation, report,', 136:'or testimony and should state the reasons for its position. if an agency proposes changes to a pending bill or', 137:'to another agencys submission, its views letter should recommend, insofar as practicable, specific substitute language. h. certain statutory and other', 138:'requirements and administration policies. agencies shall carefully consider and take into account certain requirements of existing statutes and executive orders', 139:'and administration policies and directives that are of general applicability. agency reports and proposed legislation shall, to the maximum extent', 140:'possible, contain or be accompanied by appropriate recommendations, statements, or provisions to give effect to such requirements, including but not', 141:'limited to: 1 civil rights 2 environmental impact 3 economic impact 4 federal budgetary impact and personnel requirements 5 federal', 142:'and nonfederal paperwork requirements 6 state and local government impact 7 urban and community impact i. drafting service. agencies need', 143:'not submit for clearance bills that they prepare as a drafting service for a congressional committee or a member of', 144:'congress, provided that they state in their transmittal letters that the drafting service does not constitute a commitment with respect', 145:'to the position of the administration or the agency. agencies shall advise omb of these drafting service requests while the', 146:'requests are being complied with, and supply a copy of the request, if in writing. a copy of each such', 147:'draft bill and the accompanying letter should be furnished to omb at the time of transmittal, together with an explanatory', 148:'statement of what the bill would accomplish if that is not contained in the transmittal letter. j. use of no', 149:'comment reports. agencies should submit no comment reports only when they have no interest in the pending legislation or nothing', 150:'to contribute by way of informed comment. agencies should submit such reports for clearance, unless a different procedure is informally', 151:'arranged with omb. in either event, they should furnish omb with one copy of each such report at the time', 152:'it is transmitted to congress. 8. clearance of agency proposed legislation and reports. a. omb action on agency submissions. 1', 153:'omb will undertake the necessary coordination with other interested agencies of an agencys proposed legislation or report. if congressional committees', 154:'have not requested reports from all of the interested agencies, omb will request other agency views within specified time limits.', 155:'omb will consult with the president, when appropriate, and undertake such staff work for him as may be necessary in', 156:'cooperation with other presidential staff. omb may request the originating agency to provide additional information or may call interagency meetings', 157:'to exchange views, resolve differences of opinion, or clarify the facts. 2 when coordination is completed, omb will transmit advice', 158:'to the appropriate agencies, either in writing or by telephone. in transmitting advice, omb may indicate considerations that agencies should', 159:'or may wish to take into account before submitting proposed legislation or reports to congress. b. forms of omb advice.', 160:'the exact forms of omb advice will vary to suit the particular case. the basic forms of advice that are', 161:'commonly used are set forth and explained in attachment c. c. agency action on receipt of advice from omb. 1', 162:'agencies shall incorporate the advice received from omb in their reports and in their letters transmitting proposed legislation to congress.', 163:'advice on testimony is usually not included in the testimony as delivered unless it would be likely to have a', 164:'significant effect on a committees consideration of particular legislation or would not otherwise be available to a committee through a', 165:'written report. 2 in the case of reports, receipt of advice contrary to views expressed does not require an agency', 166:'to change its views. in such cases, however, the agency will review its position. if it decides to modify its', 167:'views, the agency shall consult with omb to determine what change, if any, in advice previously received is appropriate. if,', 168:'after the review, the views of the agency are not modified, it shall incorporate in its report the full advice', 169:'it received. 3 in the case of proposed legislation, the originating agency shall not submit to congress any proposal that', 170:'omb has advised is in conflict with the program of the president or has asked the agency to reconsider as', 171:'a result of the coordination process. in such cases, omb will inform the agency of the reasons for its action.', 172:'4 agencies are expected to transmit reports and proposed legislation to congress promptly after receiving omb clearance. should circumstances arise', 173:'that make prompt transmittal inadvisable, the agency shall immediately notify omb. similarly, in the case of cleared testimony, the agency', 174:'shall immediately notify omb if its testimony has been cancelled or rescheduled. 5 agencies should observe the instructions in house', 175:'and senate rules to forward proposed legislation or various reports required by law to the speaker of the house and', 176:'the president of the senate. reports that have been requested by committee chairmen on bills and resolutions pending before their', 177:'committees should be transmitted directly to the requesting committees. 6 agencies shall furnish to omb two copies of all proposed', 178:'legislation, transmittal letters and accompanying materials, and reports including testimony in the form actually transmitted to the congress. if reports', 179:'or testimony cover more than one bill, agencies shall furnish two copies for each bill. d. agency action where prior', 180:'clearance has not been effected. 1 agencies shall not submit to congress proposed legislation that has not been coordinated and', 181:'cleared within the executive branch in accordance with this circular. 2 if congressional time schedules do not allow an agency', 182:'to send its proposed report to omb in time for the normal clearance and advice, the agency shall consult informally', 183:'with omb as to the advice to be included in the proposed report. omb may advise the agency to state', 184:'in its report that time has not permitted securing advice from omb as to the relationship of the proposed legislation', 185:'to the program of the president. agencies shall send to omb six copies of such reports at the same time', 186:'that they are transmitted to congress. where appropriate, omb will subsequently furnish advice on the report, which the agency shall', 187:'transmit promptly to congress. 3 in cases where an agency has not submitted a report for clearance and its views', 188:'on pending legislation are to be expressed in the form of oral, unwritten testimony, omb will undertake such coordination and', 189:'give such advice as the circumstances permit. in presenting oral testimony, the agency should indicate what advice, if any, has', 190:'been received from omb. if no advice has been obtained, the agency should so indicate. e. reclearance requirements. the advice', 191:'received from omb generally applies to all sessions of each congress, but it does not carry over from one congress', 192:'to the next. generally, agencies do not need to seek reclearance of reports on which they have already received advice', 193:'before making the same reports on identical bills introduced in the same congress, unless considerable time has elapsed or changed', 194:'conditions indicate that the need for reclearance is appropriate or should be rechecked. prior to transmitting such reports, however, agencies', 195:'shall consult informally with appropriate omb staff to determine whether reclearance is necessary. in cases where reclearance does not take', 196:'place, agencies shall include in the subsequent report appropriate reference to the advice received on the original report. they shall', 197:'also send one copy of any subsequent report to omb at the same time that it is transmitted to congress.', 198:'the transmittal letter to omb should identify the related report that was previously cleared. 9. interagency consultation. in carrying out', 199:'their legislative functions, agencies are encouraged to consult with each other in order that all relevant interests and points of', 200:'view may be considered and accommodated, where appropriate, in the formulation of their positions. such consultation is particularly important in', 201:'cases of overlapping interest, and intensive efforts should be made to reach interagency agreement before proposed legislation or reports are', 202:'sent to omb. in order that the president may have the individual views of the responsible heads of the agencies,', 203:'however, proposed legislation or reports so coordinated shall be sent to omb by the individual agencies involved, with appropriate reference', 204:'to the interagency consultation that has taken place. 10. enrolled bills. under the constitution, the president has 10 days including', 205:'holidays but excluding sundays to act on enrolled bills after they are presented to him. to assure that the president', 206:'has the maximum possible time for consideration of enrolled bills, agencies shall give them top priority. a. initial omb action.', 207:'omb will obtain facsimiles of enrolled bills from the government printing office and immediately forward one facsimile to each interested', 208:'agency, requesting the agencys views and its recommendation for presidential action. b. agency action. each agency receiving such a request', 209:'shall immediately prepare a letter presenting its views and deliver it in duplicate to omb not later than two days', 210:'including holidays but excluding sundays after receipt of the facsimile. omb may set different deadlines as dictated by circumstances. agencies', 211:'shall deliver these letters by special messenger to omb. c. preparation of enrolled bill letters. 1 agencies letters on enrolled', 212:'bills are transmitted to the president and should be written so as to assist the president in reaching a decision.', 213:'each letter should, therefore, be complete in itself and should not, as a general rule, incorporate earlier reports by reference.', 214:'2 agencies letters on enrolled bills are privileged communications, and agencies shall be guided accordingly in determining their content. 3', 215:'because of the definitive nature of presidential action on enrolled bills, agency letters shall be signed by a presidential appointee.', 216:'4 agencies letters shall contain: a an analysis of the significant features of the bill including changes from existing law.', 217:'omb staff will advise the agencies on which one should write the detailed analysis of the bill where more than', 218:'one agency is substantially affected; b a comparison of the bill with the administration proposals, if any, on the same', 219:'subject; c comments, criticisms, analyses of benefits and shortcomings, or special considerations that will assist the president in reaching a', 220:'decision; d identification of any factors that make it necessary or desirable for the president to act by a particular', 221:'date; e an estimate of the firstyear and recurring costs or savings and the relationship of the estimates to those', 222:'previously incorporated in the presidents budgetary program; f an estimate of the additional number of personnel required to implement the', 223:'bill; and g a specific recommendation for approval or disapproval by the president. 5 agencies recommending disapproval shall submit with', 224:'their letters a proposed veto message or memorandum of disapproval, in quadruplicate, prepared on legalsize paper and doublespaced. such messages', 225:'or memoranda should be finished products in form and substance that can be used by the president without further revision.', 226:'6 agencies may wish to recommend issuance of a signing statement by the president. agencies so recommending shall submit with', 227:'their letters a draft of such statement, in the same form and quantity as required for a proposed veto message.', 228:'in some cases, omb may request an agency to prepare a draft signing statement. 7 agencies letters on private bills', 229:'shall cite, where appropriate, precedents that support the action they recommend or that need to be distinguished from the action', 230:'recommended. d. subsequent omb action. omb will transmit agencies letters to the president, together with a covering memorandum, not later', 231:'than the fifth day following receipt of the enrolled bill at the white house. 11. agency legislative liaison officers. to', 232:'assist in effecting interagency coordination, each agency shall furnish omb with the name of a liaison officer who has been', 233:'designated by the agency to handle the coordination of legislative matters under this circular. from time to time, omb will', 234:'send agencies lists of the liaison officers so designated. agencies should promptly notify omb of any change in their liaison', 235:'officers. 12. communications to omb. a. written agency communications to omb transmitting proposed legislation, proposed reports, views letters on other', 236:'agencies proposed legislation or reports, and letters on enrolled bills should be addressed to: director, office of management and budget', 237:'attention: assistant director for legislative reference the envelope containing such communications should be addressed: legislative reference division office of management', 238:'and budget room 7203, new executive office building unless a different arrangement is made with an appropriate omb staff member.', 239:'b. questions on status of proposed legislation, reports, testimony, or enrolled bills should be directed to appropriate omb staff or', 240:'to the legislative information center telephone 3953230. director attachments attachment a circular no. a19 revised instructions relating to the preparation', 241:'of agency legislative programs 1. agencies proposed legislative programs should be divided into two parts: part i presidents program proposals', 242:'those items that the agency believes are of sufficient importance to be included in the presidents legislative program and given', 243:'specific endorsement by him in one of the regular annual messages, such as the budget message, or in a special', 244:'message. part ii all other proposals 2. within each part, agencies should list the items in order of relative priority.', 245:'each item of proposed legislation should be given a separate number for purposes of ready identification, using a numbering system', 246:'which identifies the congress; e.g., agriculture, 9612. 3. with respect to each item, agencies should provide the following information: a.', 247:'a brief description of the proposal, its objectives, and its relationship to existing programs. agencies should include greater detail on', 248:'the specific provisions of proposals included in part i or where the subject matter of the proposal contains new policies', 249:'or programs or raises complex issues; b. pertinent comments as to timing and readiness of draft legislation; c. pertinent references', 250:'to bills and reports concerning the subject of the proposal in current or recent sessions of congress; d. an estimate', 251:'for each of the first five fiscal years of 1 any budget authority and outlays that would be required, 2', 252:'any savings in budget authority and outlays, 3 any changes in budget receipts, and 4 work years of employment and', 253:'numbers of personnel. these estimatesshould be prepared in accordance with the instructions in omb circular no. a11. 4. the lists', 254:'of a legislative proposals still under consideration in an agency and b expiring laws see section 6 of the circular', 255:'should be presented separately from parts i and ii. the following special instructions apply to them: a. items still under', 256:'consideration should be listed in approximate order of priority and each briefly described in terms of subject matter and status.', 257:'b. each expiring law should be described in terms of 1 the subject, 2 the citation, 3 the date of', 258:'expiration, 4 the agencys views as to whether the law should be extended or permitted to expire, and 5 other', 259:'pertinent information. if an agency recommends extension, the proposal should also be included in part i or part ii, as', 260:'appropriate. 5. the legislative program submission should be prepared on lettersize paper. general conformance to the format of the attached', 261:'exhibit will greatly facilitate the use of these programs. exhibit for attachment a circular no. al9 revised department of government', 262:'proposed legislative program for the session of the congress items in each part are listed in order of priority part', 263:'i presidents program proposals 963 amend the provisions of the 1902 reclamation act regarding acreage limitation, residency, leasing, excess land', 264:'sales, the use of class 1 equivalency, contracts and contracting procedures, and certain administrative procedures. this proposal would modify and', 265:'update the acreage limitation provisions of federal reclamation law to reflect and accommodate modern agricultural practices, but at the same', 266:'time retain the basic concept of the reclamation program providing opportunities for family farms. the department has recommended that legislation', 267:'amending the law reflect the following: eligibility to receive project water would be limited to adults18 years of age or', 268:'older; residency as provided in the reclamation act of 1902, and defined as a maximum distance of 50 miles from', 269:'the land, would be reimposed on both lessors and lessees of project lands, with specific guidelines for phasing in the', 270:'requirement; the acreage entitlement for which project water would be available would be increased to 320 acres owned per adult', 271:'individual, with an additional allowance of 160 acres leased, or the entire 480 acres could be leased family corporations and', 272:'multiple ownerships could hold up to 960 acres without regard to the number of people in the arrangement; class 1', 273:'equivalency would be authorized for general use for projects with a frostfree growing season of 180days or less and would', 274:'be applied on a projectbyproject basis; contracts with districts containing provisions for exemption from acreage limitation provisions upon payout of', 275:'construction charges would be approved; sale of excess land by the owner to immediate family members, longtime tenants, employees, or', 276:'adjoining neighbors would be permitted; charitable and religious organizations holding project lands on january 1, 1978, would be exempt from', 277:'acreage limitations. exhibit for attachment a cost part ii all other proposals 9614 amend federal power commission act of 1920.', 278:'this proposal would amend the federal power commission act of 1920 to provide that a license will be issued only', 279:'after the secretary administering affected public lands makes a determination that the license will not interfere or be inconsistent with', 280:'the purposes for which such lands are reserved. the federal power commission has interpreted section 4e to require only consideration', 281:'of the affected secretarys recommendations. the proposal would also amend the act to provide for extinguishment of withdrawals created by', 282:'the federal energy regulatory commission ferc applications if the ferc has not responded to the applicant within 6 months or', 283:'as of date of denial or expiration, surrender, revocation, or termination of the license. most applications do not result in', 284:'fpc licenses; yet the land is withdrawn. the administrative process of removing the withdrawals is cumbersome and time consuming and', 285:'constrains the land managing agency from fully managing these lands for their resource values or from using these lands in', 286:'exchanges. revocation of the ferc withdrawal within a specified time period would be consistent with the provisions of title ii', 287:'of the federal lands policy and managementact relating to withdrawals. no additional appropriations or outlays would be required. attachment b', 288:'circular no. a19 revised instructions for the preparation and submission to congress of legislative proposals authorizing the enactment of additional', 289:'appropriations or providing new budget authority outside of appropriation acts 1. legislative proposals providing authorizations to continue programs or activities.', 290:'under section 607 of p.l. 93344, the congressional budget act of 1974, legislative proposals to extend authorizations scheduled to expire', 291:'at the end of a given fiscal year should be transmitted to congress by may 15 of the fiscal year', 292:'preceding that fiscal year. for example, if an authorization expired on september 30, 1979, draft legislation to extend the authorization', 293:'should have been transmitted to congress by may 15, 1978. if such proposals were not transmitted or were not enacted,', 294:'new or revised proposals with language covering the budget year i.e., the upcoming fiscal year should be included in the', 295:'same bill as proposals for the budget year plus one and subsequent years. more specifically: a. proposals for agencies and', 296:'programs that are customarily authorized on an annual basis e.g., nasa, nsf, state, justice, peace corps, military procurement and construction', 297:'should cover, in the same bill, proposed language for the budget year plus one and resubmittals or revisions of previously', 298:'proposed authorizations for the budget year. subsequent years should also be included if agencies deem it desirable and feasible. b.', 299:'other legislative proposals to extend authorizations for the enactment of new budget authority expiring at the end of the budget', 300:'year should cover, in the same bill, the budget year plus one and such subsequent years as is customary or', 301:'deemed desirable for the particular program or activity involved. c. any proposals that provide for authorizations for the budget year', 302:'or the current fiscal year should be submitted to congress immediately after omb clearance. 2. legislative proposals providing authorizations for', 303:'new programs or activities. a. proposals authorizing enactment of budget authority for a new program or activity should include at', 304:'least two fiscal years, unless such new program or activity is proposed to be effective for only one fiscal year', 305:'and to terminate at the end of that year. b. proposals that provide for authorizations to begin in the budget', 306:'year plus one should, to the extent feasible, be prepared for submission to congress no later than may 15 of', 307:'the current fiscal year. 3. general instructions for legislation authorizing the enactment of new budget authority. a. in keeping with', 308:'the intent of section 401 of p.l. 93344, proposals including contract authority or borrowing authority should provide that such authority', 309:'is to be effective only to such extent or in such amounts as are provided in appropriation acts. backdoor financing', 310:'provisions may be proposed only when the exceptions set forth in section 401d of p.l. 93344 apply. b. as a', 311:'general rule, bills submitted to congress authorizing new budget authority for the current fiscal year or budget year will contain', 312:'specific dollar amounts for those years. these amounts should be those approved for the budget. for subsequent years, the bills', 313:'should include such sums as may be necessary authorizations unless the agency and omb agree that special circumstances warrant inclusion', 314:'of specific amounts. 1 where specific amounts are included for years beyond the budget year, those amounts should be consistent', 315:'with the fiveyear projections of budget authority printed in the budget pursuant to p.l. 93344. such amounts will be based', 316:'on the criteria provided for longrange projections in omb circular no. a11. 2 authorizing legislation covering principally salaries and administrative', 317:'expenses which heretofore has been enacted without specific dollar amounts may continue to be proposed for such sums as may', 318:'be necessary for all fiscal years, including the current and budget fiscal years. c. agencies should draft their authorizing bills', 319:'to incorporate the highest feasible level of aggregation for new budget authority. 4. required materials. a. budget year authorization extensions.', 320:'proposed legislation authorizing the continuation of existing programs in the budget year should have been submitted to congress not later', 321:'than may 15 of the fiscal year preceding the current fiscal year. in cases where congress did not enact budget', 322:'year authorizations, new or revised authorizations should be submitted to congress at the earliest possible date after the budget is', 323:'published. accordingly, each agency will submit to omb no later than december 15 of each year 10 copies of drafts', 324:'of proposed authorizing legislation to extend programs and activities that are authorized through the current fiscal year, but for which', 325:'it will be necessary to propose new or revised authorizations for the budget year and subsequent years. since the specific', 326:'amounts of the authorizations to be included cannot be determined until after decisions are made in connection with the budget,', 327:'the draft bills are submitted to omb should contain blank spaces for these amounts. when the budget decisions are final,', 328:'omb and the agencies will agree on the figures to be inserted. b. authorization extensions for the budget year plus', 329:'one. proposed legislation authorizing the continuation of existing programs in the budget year plus one must be submitted to congress', 330:'not later than may 15 of the current fiscal year. to meet this deadline, sufficient time must be provided for', 331:'the legislative coordination and clearance process. accordingly, each agency will submit to omb as early as possible but no later', 332:'than february 28 of each year 10 copies of legislative proposals for programs and activities that are authorized through the', 333:'budget year, but for which an authorization request is necessary for the budget year plus one and subsequent years. these', 334:'draft legislative proposals should include such sums as may be necessary authorizations, unless the agency and omb agree that special', 335:'circumstances warrant inclusion of specific amounts. these figures should be the amounts agreed on as a result of the budget', 336:'review and should be consistent with the fiveyear projections included in the budget. c. authorizations of new programs or activities.', 337:'in cases where decisions have been made during the budget review calling for authorizing legislation for new programs or activities', 338:'proposed to begin in the budget year plus one, draft bills reflecting those decisions should be submitted to omb no', 339:'later than february 28 of each year, as in paragraph 4b of this attachment. attachment c circular no. a19 revised', 340:'basic forms of omb advice the basic forms of advice and their implications are set forth below: 1. in accord', 341:'not in accord with the program of the president. when an agency or a committee of congress is advised that', 342:'enactment of a bill would be in accord with the program of the president, the advice means that the bill', 343:'is of sufficient importance for the president to give it his personal and public support. that identification of the legislative', 344:'proposal with the president is made in a variety of ways; e.g., by inclusion in one of his regular messages', 345:'state of the union, economic, budget, a special message, speech, press conference, letter, or leadership meeting. not in accord advice', 346:'indicates that a bill is so contrary to the presidents legislative proposals or other policies or is otherwise so objectionable', 347:'that should it be enacted in its current form, a veto would be considered. it is not, however, necessarily a', 348:'commitment to veto. 2. consistent with advice is used where the relationship of a legislative proposal to the administrations objectives', 349:'is direct and the administrations expressed support is desirable, but the item does not warrant personal identification with, or support', 350:'by, the president. not consistent with advice signals to congress that there are major objections to a bill, but does', 351:'not indicate as clearly as not in accord advice that a veto would be considered if it were enacted. 3.', 352:'no objection from the standpoint of the administrations program. advice that there is no objection to a bill from the', 353:'standpoint of the administrations program is given on the large number of agency draft bills that deal with matters primarily', 354:'of agency concern and do not bear a direct or immediate relationship to the presidents program or the administrations objectives.', 355:'in effect, such advice indicates to congress that omb knows of no reason why the president would not approve the', 356:'bill if congress should enact it. advice to an agency that there is no objection from the standpoint of the', 357:'administrations program to its submission of a report or testimony on a bill to a committee of congress does not', 358:'indicate any commitment as to ultimate presidential approval or disapproval of the bill if it is enacted. nevertheless, such no', 359:'objection clearance does set up certain presumptions. if all agencies views are favorable, the presumption is that no major objection', 360:'to the bill is known and that the agencies affected will recommend presidential approval if it becomes enrolled. if all', 361:'agencies views are adverse, the presumption is that the agencies may wish to recommend a veto if the bill becomes', 362:'enrolled. infrequently, no objection clearance is given to agency reports expressing divergent views on the same bill. when this is', 363:'done, it normally means that there is no objection to the bill if congress acts favorably after considering the adverse', 364:'views. occasionally, it means that the administrations position is being reserved pending resolution of the agencies differences, and this reservation', 365:'may be explicitly stated. the interested agencies are advised of each others differing views in these cases. 4. qualified advice.', 366:'in some cases the advice given is qualified. for example, the advice may be that there would be no objection', 367:'to enactment of the bill from the standpoint of the administrations program, or that the bill would be consistent with', 368:'the administrations objectives, if it were revised in specified respects. the terms proposed legislation and report do not include materials', 369:'submitted in justification of appropriation requests or proposals for reorganization plans.',