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1563009
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Fire Prevention and Control Act Appropriations
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1563009
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Fire Prevention and Control Act Appropriations
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John O. Marsh Files (Ford Administration)
John Marsh's General Subject Files
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Appropriations and expenditures
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1976-09-30
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1976
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The original documents are located in Box 17, folder "Fire Prevention and Control Act
Appropriations" of the John Marsh Files at the Gerald R. Ford Presidential Library.
Copyright Notice
The copyright law of the United States (Title 17, United States Code) governs the making of
photocopies or other reproductions of copyrighted material. Gerald R. Ford donated to the United
States of America his copyrights in all of his unpublished writings in National Archives collections.
Works prepared by U.S. Government employees as part of their official duties are in the public
domain. The copyrights to materials written by other individuals or organizations are presumed to
remain with them. If you think any of the information displayed in the PDF is subject to a valid
copyright claim, please contact the Gerald R. Ford Presidential Library.
Digitized from Box 17 of The John Marsh Files at the Gerald R. Ford Presidential Library
ACTION
THE WHITE HOUSE
WASHINGTON
Last Day: September 13
September 10, 1976
MEMORANDUM FOR
THE PRESIDENT
FROM:
JIM CANNON
SUBJECT:
S. 2862 - Authorizing Appropriations
for the Federal Fire Prevention
and Control Act of 1974
Attached for your consideration is S. 2862, sponsored by
Senators Magnuson and Pearson.
The enrolled bill authorizes appropriations of $3.75 million
for the transition quarter, $15 million for 1977 and $20
million for 1978 for the National Fire Prevention and Control
Administration and authorizes appropriations of $1.275 million
for the transition quarter, $5.5 million for 1977 and $6
million for 1978 for the Fire Research Center.
On July 7, 1976 you vetoed H.R. 12567, which contained
authorization amounts for the Federal Fire Prevention
and Control Act identical to those included in this bill,
because it contained a constitutionally objectionable
legislative encroachment provision. That provision is not
in this bill.
Additional information is provided in OMB's enrolled bill
report at Tab A.
OMB, Max Friedersdorf, Counsel's Office (Lazarus), Bill
Seidman and I recommend approval of the enrolled bill and
proposed signing statement which has been cleared by the
White House Editorial Office (Smith).
RECOMMENDATION
That you sign S. 2862 at Tab B.
That you approve the signing statement at Tab C.
Approve
Disapprove
OF THE
EXECUTIVE OFFICE OF THE PRESIDENT
OFFICE OF MANAGEMENT AND BUDGET
THE
STATE
WASHINGTON, D.C. 20503
SEP 3 1976
MEMORANDUM FOR THE PRESIDENT
Subject: Enrolled Bill S. 2862 - Authorizing appropriations
for the Federal Fire Prevention and Control Act
of 1974
Sponsor - Sen. Magnuson (D) Washington and
Sen. Pearson (R) Kansas
Last Day for Action
September 13, 1976 - Monday
Purpose
Authorizes appropriations for the National Fire Prevention
and Control Administration and the Fire Research Center for
the transition quarter and fiscal years 1977 and 1978.
Agency Recommendations
Office of Management and Budget
Approval
Department of Commerce
Approval (Informally)
Discussion
The Federal Fire Prevention and Control Act of 1974 estab-
lished a National Fire Prevention and Control Administration
(Fire Administration) in the Department of Commerce to
coordinate, encourage, and facilitate programs of fire
prevention and control. The Act also established a Fire
Research Center in Commerce to conduct basic and applied
research into the fundamental processes underlying all
aspects of fire.
S. 2862 would authorize appropriations of $3.75 million for
the transition quarter, $15 million for 1977 and $20 million
for 1978 for the Fire Administration and $1.275 million for
the transition quarter, $5.5 million for 1977 and $6 million
for 1978 for the Fire Research Center.
2
The total authorization level of $20.5 million for 1977
contained in the enrolled bill is $10.322 million higher
than proposed in your budget. However, P.L. 94-362, which
you approved on July 14, 1976, provided appropriations of
$12.2 million for the Fire Administration and Fire Research
Center in 1977, an acceptable amount which is about $2 million
higher than you requested. Although this bill's authorization
for the transition quarter is $2.746 million higher than
requested, the funds already appropriated -- $2.279 million --
are the amounts contained in your budget.
On July 7, 1976, you vetoed H.R. 12567, which contained
authorization amounts for the Federal Fire Prevention and
Control Act identical to those included in this bill, because
it contained a constitutionally objectionable legislative
encroachment provision. That provision is not in this bill.
James Director m. Trey for
Legislative Reference
Enclosures
STATEMENT BY THE PRESIDENT
I have today signed into law S. 2862, a bill which
authorizes appropriations for the National Fire Prevention
and Control Administration and the Fire Research Center.
While I have consistently supported the important
work of the National Fire Prevention and Control Adminis-
tration, I vetoed a similar bill -- H.R. 12567 -- two
months ago because it provided for an unacceptable legislative
encroachment on the President's constitutional responsibilities
over Executive Branch operations.
Upon returning the earlier bill for Congressional
reconsideration, I noted it provided that:
Congress may, by concurrent resolution, "veto"
a plan to commit funds for construction of the
LIBRARY GERALD FORD
National Academy for Fire Prevention and Control.
This provision extends to the Congress the power
to prohibit specific transactions authorized by
law, without changing the law and without follow-
ing the constitutional process such a change would
require. Moreover, it involves the Congress
directly in the performance of Executive functions
in disregard of the fundamental principle of sepa-
ration of powers.
Provisions of this type have been appearing in an
increasing number of bills which this Congress has
passed or is considering. Most are intended to
enhance the power of the Congress over the detailed
execution of the laws at the expense of the
President's authority.
At my urging, the Congress has reconsidered and excluded
this type of provision from the present bill. I commend the
Congress for its more responsible action in deleting the
objectionable provision.
Due to the great national loss caused by fires, both
in terms of human lives and property, and because of the
challenge of improving fire prevention and control, I am
happy to sign this bill which permits the important govern-
ment fire prevention and control effort to continue. With
2
passage of this bill, the National Fire Prevention and
Control Administration will now have authority through
fiscal year 1978 to carry out its important work of
coordinating programs of fire prevention and control.
The Fire Research Center can now continue to conduct
the needed basic and applied research into the fundamental
problems of fire prevention and control.
GERALD FORD GERALDRY