ML20053B136

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Responds to Budget Review Board 820329 Memo Directing Agencies Not to Respond to Congressional Committee Requests on How Funds in Excess of Presidents Budget Might Be Spent. Commission Cannot Comply,Based on Counsel Advice
ML20053B136
Person / Time
Issue date: 04/27/1982
From: Palladino N
NRC COMMISSION (OCM)
To: Stockman D
PRESIDENT OF U.S. & EXECUTIVE OFFICES
Shared Package
ML20053B063 List:
References
NUDOCS 8205280102
Download: ML20053B136 (3)


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UNITED STATES g

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NUCLEAR REGULATORY COMMISSION 5

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April 27, 1982 CHAIRMAN Mr. David A. Stockman The Budget Review Board The White House Washington, D.C.

20500

Dear Mr. Stockman:

This is in response to the memorandum of the Budget Review Board, dated March 29, 1982, which directs agencies not to respond to Congressional Comittee requests on how funds in excess of the President's budget might be spent.

While the memorandum apparently was intended to apply to this Comission, we have concluded, on the basis of advice of counsel, that we cannot comply with it.

Section 303 of the Atomic Energy Act requires the Commission to keep appropriate Congressional Committees " fully and currently informed" about its activities and further provides that the Commission "shall furnish any information reques'ad" by an appropriate committee.

Thus, while we understand the i

considerations which prompted the memorandum, it appears that our implementation of it would violate the Atomic Energy Act.

4 It should also be noted that, in the case of this Comission and other collegial bodies, much of the budgetary information in question will already be public by virtue of the recent holding of the Court of Appeals for the District of Columbia Circuit in Common Cause v. NRC.

Although the Comission sought to appeal that case in order to preserve the confidentiality of its and the President's budget deliberations, to our disappointment that request was denied by the Solicitor General and in fact was not supported by the Office of Mar.agement and Budget.

Sincerely, I k G

F Ye-r,

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NJnzio J. Palladino 8205280 loo-9488886~

.f W h EXECUTIVE OFFICT OF THE PRESIDENT

  • E ![ddi k OFFICE OF MANAGEMENT AND BUDGET

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s::3 Ma rch 29, 1982 CIRCULAR NO. A-10 Revised Tranimittal Memorandum No. 1 TO THE HEADS OF EXECUTIVE DEPARTMENTS AND ESTABLISHMENTS

SUBJECT:

Responsibilities for disclosure with respect to the budget.

This transmittal memorandum amends paragraph 4.d of OMB Circular No. A-10, Revised, dated November 12, 1976.

Paragraph 4.d is changed to read:

4.d.

In responding to specific questions on pro-gram and appropriation reques ts, witnesses will refrain from providing plans for the use of appro-priations that exceed the President's request.

Wit-nesses, typically, bear re s p c n s i b i l i ty for the con-duct of one or a few programs, whereas the P resident must weigh carefully all of the needs of the Federal Government, and compare them against each other and against the revenues avail abl e to meet such needs.

Where appropriate, witnesses shcul d call attention to this difference in scope of responsibility in explaining why it is not proper f or them to support efforts to raise appropriations above the amounts requested by the P resi dent.

This change is effective immediately.

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