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7344461
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Establishing Executive Branch Procedures Solely for the Purpose of Facilitating Presidential Review of Decisions Submitted to the President by the Civil Aeronautics Board [Executive Order]
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7344461
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Establishing Executive Branch Procedures Solely for the Purpose of Facilitating Presidential Review of Decisions Submitted to the President by the Civil Aeronautics Board [Executive Order]
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White House Press Releases (Ford Administration)
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1976-06-10
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1976
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Digitized from Box 27 of the White House Press Releases at the Gerald R. Ford Presidential Library
FOR IMMEDIATE RELEASE
June 10, 1976
Office of the White House Press Secretary
THE WHITE HOUSE
EXECUTIVE ORDER
ESTABLISHING EXECUTIVE BRANCH PROCEDURES
SOLELY FOR THE PURPOSE OF FACILITATING
PRESIDENTIAL REVIEW OF DECISIONS SUBMITTED
TO THE PRESIDENT BY The CIVIL AERONAUTICS BOARD
By virtue of the authority vested in me by the
Constitution and laws of the United States of America
including section 801 of the Federal Aviation Act. as
amended (49 U.S.C. 1461), and as President of the
United States of America, solely to provide Presidential
guidance to department and agency heads and in order to
facilitate Presidential review of decisions submitted to
the President for his approval by the Civil Aeronautics
Board pursuant to section S01 of the Federal Aviation
Act, as amended, it is hereby ordered as follows:
Section 1. (a) Except as provided in this section
decisions of the Civil Aeronautics Board hereinafter
referred to as the CAB. transmitted to the President
pursuant to section 801 of the Federal Aviation Act,
as amended, hereinafter referred to as section 801, may
be made available by the CAB for public inspection and
copying following submission to the President.
(b) In the interests of national security, and in
order to allow for consideration of appropriate action
under Executive Order No. 11652, as amended decisions
of the CAB transmitted to the President under section 801
shall be withheld from public disclosure for five days
after submission to the President.
(c) At the same time that decisions of the CA3 are
submitted to the President pursuant to section 801, the
CAB shall transmit copies thereof to the Secretary of
State, the Secretary of Defense, and the Assistant to the
President for National Security Affairs.
(d) The Secretary of State and the Secretary of
Defense. or their designees, shall review the decisions
of the CAB transmitted pursuant to subsection (c) above,
and shall promptly advise the Assistant to the President
for National Security Affairs or his designee, whether, and
if so: why, action pursuant to Executive Order No. 11652,
as amended, is deemed appropriate. If. after considering
the above recommendations the Assistant to the President
for National Security Affairs or his designee determines
that classification under Executive Order No. 11652 is
appropriate. he shall take such action and immediately so
inform the CAB. Action pursuant to this subsection shall
be completed within five days of receipt of the decision
by the President,
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(e) On and after the sixth day following receipt
by the President of a CAB decision submitted pursuant to
section 801, the CAB is authorized to disclose all
unclassified portions of the text of such decision.
Nothing in this section is intended to affect the ability
to withhold material under Executive order or statute
other than section 801.
Sec. 2. (a) Views of departments and agencies outside
of the Executive Office of the President, other than those
views involving considerations of defense or foreign policy
(including international negotiations costs) which are to
be the subject of recommendations to the President in
connection with his review under section 801, shall be
presented to the CAB in accordance with the procedures of
the CAB. While some issues will inevitably involve both
questions of regulatory policy and defense or foreign policy,
departments and agencies outside of the Executive Office of
the President should make a conscientious effort to present
their views on regulatory matters in proceedings before the
CAB, and raise only matters of defense or foreign policy
that are of Presidential concern in the course of the
review under section 801.
(b) Departments and agencies outside of the Executive
Office of the President which intend to make recommendations
to the President on matters of defense or foreign policy
and have such intentions while the matter is pending before
the CAB, shall, except as confidentiality is required for
reasons of defense or foreign policy, make the existence
of such intentions and the conclusions to be recommended
known to the CAB in the course of its proceedings.
Sec. 3. (a) In advising the President with respect
to his review of an order submitted to him pursuant to
section 801, departments and agencies outside of the
Executive Office of the President shall:
(1) identify any matter contained in their respective
recommendations which was not previously submitted to the
CAB pursuant to section 2(a) above;
(2) explain why such matter was not previously sub-
mitted to the CAB for its consideration; and
(3) identify with particularity the defense or
foreign policy implications of the CAD decision which
are deemed appropriate for the President's consideration.
(b) Orders involving foreign and overseas air trans--
portation certificates of U.S. carriers that are subject
to the approval of the President are not subject to judicial
review when the President approves or disapproves an order
for reasons of defense or foreign policy. All disapprovals
necessarily are based on such a Presidential decision, but
approval by the President does not necessarily imply the
existence of any defense or foreign policy reason. For
the purpose of assuring whatever opportunity is available
under the law for judicial review of the CAB decisions, all
departments and agencies which make recommendations to the
President pursuant to section 801 should indicate separately
whether, and why, if the order or any portion of the order
is approved, the President cannot state in his approval that
no defense or foreign policy reason underlies his action.
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Sec. 4. Individuals within the Executive Office of the
President shall follow a policy of (a) refusing to discuss
matters relating to the disposition of a case subject to
the approval of the President under section 801 with any
interested private party, or an attorney or agent for any
such party, prior to the President's decision, and (b)
referring any written communication from an interested
private party, or an attorney or agent for any such party,
to the appropriate department, or agency outside of the
Executive Office of the President. Exceptions to this
policy may only be made when the head of an appropriate
department or agency outside of the Executive Office of
the President personally finds that direct written or
oral communication between a private party and a person
within the Executive Office of the President is needed
for reasons of defense or foreign policy.
Sec. 5. Departments and agencies outside of the
Executive Office of the President which regularly make
recommendations to the President in connection with the
Presidential review pursuant to section 801 shall,
consistent with applicable law, including the provisions
of Chapter 5 of Title 5 of the United States Code:
(a) establish public dockets for all written com--
munications (other than those requiring confidential
treatment for defense or foreign policy reasons) between
their officers and employees and private parties in
connection with the preparation of such recommendations;
and,
(b) prescribe such other procedures governing oral
and written communications as they deem appropriate.
Sec. 6. Although it is recognized that the provisions
set forth in this Order will frequently apply to review of
decisions made in adversary proceedings involving private
parties, this Order is intended solely for the internal
guidance of the departments and agencies in order to
facilitate the Presidential review process. This Order
does not confer rights on any private parties.
Sec. 7. The provisions of this Order shall be
effective on the 30th day following publication in the
Federal Register.
GERALD R. FORD
THE WHITE HOUSE,
June 10, 1976.
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