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    "localId": "1563009",
    "label": "Fire Prevention and Control Act Appropriations",
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    "contentType": "document",
    "title": "Fire Prevention and Control Act Appropriations",
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    "collections": [
        "John O. Marsh Files (Ford Administration)",
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        "Appropriations and expenditures"
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    "coverageEndDate": {
        "logicalDate": "1976-09-30",
        "month": 9,
        "year": 1976
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        "month": 9,
        "year": 1976
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    "seq": 1,
    "pageIndex": 0,
    "type": "document",
    "url": "https://s3.amazonaws.com/NARAprodstorage/opastorage/live/9/5630/1563009/content/library/document/0067/1563009.pdf",
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    "ocrText": "The original documents are located in Box 17, folder \"Fire Prevention and Control Act\nAppropriations\" of the John Marsh Files at the Gerald R. Ford Presidential Library.\nCopyright Notice\nThe copyright law of the United States (Title 17, United States Code) governs the making of\nphotocopies or other reproductions of copyrighted material. Gerald R. Ford donated to the United\nStates of America his copyrights in all of his unpublished writings in National Archives collections.\nWorks prepared by U.S. Government employees as part of their official duties are in the public\ndomain. The copyrights to materials written by other individuals or organizations are presumed to\nremain with them. If you think any of the information displayed in the PDF is subject to a valid\ncopyright claim, please contact the Gerald R. Ford Presidential Library.\nDigitized from Box 17 of The John Marsh Files at the Gerald R. Ford Presidential Library\nACTION\nTHE WHITE HOUSE\nWASHINGTON\nLast Day: September 13\nSeptember 10, 1976\nMEMORANDUM FOR\nTHE PRESIDENT\nFROM:\nJIM CANNON\nSUBJECT:\nS. 2862 - Authorizing Appropriations\nfor the Federal Fire Prevention\nand Control Act of 1974\nAttached for your consideration is S. 2862, sponsored by\nSenators Magnuson and Pearson.\nThe enrolled bill authorizes appropriations of $3.75 million\nfor the transition quarter, $15 million for 1977 and $20\nmillion for 1978 for the National Fire Prevention and Control\nAdministration and authorizes appropriations of $1.275 million\nfor the transition quarter, $5.5 million for 1977 and $6\nmillion for 1978 for the Fire Research Center.\nOn July 7, 1976 you vetoed H.R. 12567, which contained\nauthorization amounts for the Federal Fire Prevention\nand Control Act identical to those included in this bill,\nbecause it contained a constitutionally objectionable\nlegislative encroachment provision. That provision is not\nin this bill.\nAdditional information is provided in OMB's enrolled bill\nreport at Tab A.\nOMB, Max Friedersdorf, Counsel's Office (Lazarus), Bill\nSeidman and I recommend approval of the enrolled bill and\nproposed signing statement which has been cleared by the\nWhite House Editorial Office (Smith).\nRECOMMENDATION\nThat you sign S. 2862 at Tab B.\nThat you approve the signing statement at Tab C.\nApprove\nDisapprove\nOF THE\nEXECUTIVE OFFICE OF THE PRESIDENT\nOFFICE OF MANAGEMENT AND BUDGET\nTHE\nSTATE\nWASHINGTON, D.C. 20503\nSEP 3 1976\nMEMORANDUM FOR THE PRESIDENT\nSubject: Enrolled Bill S. 2862 - Authorizing appropriations\nfor the Federal Fire Prevention and Control Act\nof 1974\nSponsor - Sen. Magnuson (D) Washington and\nSen. Pearson (R) Kansas\nLast Day for Action\nSeptember 13, 1976 - Monday\nPurpose\nAuthorizes appropriations for the National Fire Prevention\nand Control Administration and the Fire Research Center for\nthe transition quarter and fiscal years 1977 and 1978.\nAgency Recommendations\nOffice of Management and Budget\nApproval\nDepartment of Commerce\nApproval (Informally)\nDiscussion\nThe Federal Fire Prevention and Control Act of 1974 estab-\nlished a National Fire Prevention and Control Administration\n(Fire Administration) in the Department of Commerce to\ncoordinate, encourage, and facilitate programs of fire\nprevention and control. The Act also established a Fire\nResearch Center in Commerce to conduct basic and applied\nresearch into the fundamental processes underlying all\naspects of fire.\nS. 2862 would authorize appropriations of $3.75 million for\nthe transition quarter, $15 million for 1977 and $20 million\nfor 1978 for the Fire Administration and $1.275 million for\nthe transition quarter, $5.5 million for 1977 and $6 million\nfor 1978 for the Fire Research Center.\n2\nThe total authorization level of $20.5 million for 1977\ncontained in the enrolled bill is $10.322 million higher\nthan proposed in your budget. However, P.L. 94-362, which\nyou approved on July 14, 1976, provided appropriations of\n$12.2 million for the Fire Administration and Fire Research\nCenter in 1977, an acceptable amount which is about $2 million\nhigher than you requested. Although this bill's authorization\nfor the transition quarter is $2.746 million higher than\nrequested, the funds already appropriated -- $2.279 million --\nare the amounts contained in your budget.\nOn July 7, 1976, you vetoed H.R. 12567, which contained\nauthorization amounts for the Federal Fire Prevention and\nControl Act identical to those included in this bill, because\nit contained a constitutionally objectionable legislative\nencroachment provision. That provision is not in this bill.\nJames Director m. Trey for\nLegislative Reference\nEnclosures\nSTATEMENT BY THE PRESIDENT\nI have today signed into law S. 2862, a bill which\nauthorizes appropriations for the National Fire Prevention\nand Control Administration and the Fire Research Center.\nWhile I have consistently supported the important\nwork of the National Fire Prevention and Control Adminis-\ntration, I vetoed a similar bill -- H.R. 12567 -- two\nmonths ago because it provided for an unacceptable legislative\nencroachment on the President's constitutional responsibilities\nover Executive Branch operations.\nUpon returning the earlier bill for Congressional\nreconsideration, I noted it provided that:\nCongress may, by concurrent resolution, \"veto\"\na plan to commit funds for construction of the\nLIBRARY GERALD FORD\nNational Academy for Fire Prevention and Control.\nThis provision extends to the Congress the power\nto prohibit specific transactions authorized by\nlaw, without changing the law and without follow-\ning the constitutional process such a change would\nrequire. Moreover, it involves the Congress\ndirectly in the performance of Executive functions\nin disregard of the fundamental principle of sepa-\nration of powers.\nProvisions of this type have been appearing in an\nincreasing number of bills which this Congress has\npassed or is considering. Most are intended to\nenhance the power of the Congress over the detailed\nexecution of the laws at the expense of the\nPresident's authority.\nAt my urging, the Congress has reconsidered and excluded\nthis type of provision from the present bill. I commend the\nCongress for its more responsible action in deleting the\nobjectionable provision.\nDue to the great national loss caused by fires, both\nin terms of human lives and property, and because of the\nchallenge of improving fire prevention and control, I am\nhappy to sign this bill which permits the important govern-\nment fire prevention and control effort to continue. With\n2\npassage of this bill, the National Fire Prevention and\nControl Administration will now have authority through\nfiscal year 1978 to carry out its important work of\ncoordinating programs of fire prevention and control.\nThe Fire Research Center can now continue to conduct\nthe needed basic and applied research into the fundamental\nproblems of fire prevention and control.\nGERALD FORD GERALDRY"
}