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    "localId": "7344461",
    "label": "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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    "title": "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]",
    "citationUrl": "https://catalog.archives.gov/id/7344461",
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        {
            "day": 10,
            "logicalDate": "1976-06-10",
            "month": 6,
            "year": 1976
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    "url": "https://s3.amazonaws.com/NARAprodstorage/opastorage/live/61/3444/7344461/content/library/document/0248/whpr19760610-017.pdf",
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    "ocrText": "Digitized from Box 27 of the White House Press Releases at the Gerald R. Ford Presidential Library\nFOR IMMEDIATE RELEASE\nJune 10, 1976\nOffice of the White House Press Secretary\nTHE WHITE HOUSE\nEXECUTIVE ORDER\nESTABLISHING EXECUTIVE BRANCH PROCEDURES\nSOLELY FOR THE PURPOSE OF FACILITATING\nPRESIDENTIAL REVIEW OF DECISIONS SUBMITTED\nTO THE PRESIDENT BY The CIVIL AERONAUTICS BOARD\nBy virtue of the authority vested in me by the\nConstitution and laws of the United States of America\nincluding section 801 of the Federal Aviation Act. as\namended (49 U.S.C. 1461), and as President of the\nUnited States of America, solely to provide Presidential\nguidance to department and agency heads and in order to\nfacilitate Presidential review of decisions submitted to\nthe President for his approval by the Civil Aeronautics\nBoard pursuant to section S01 of the Federal Aviation\nAct, as amended, it is hereby ordered as follows:\nSection 1. (a) Except as provided in this section\ndecisions of the Civil Aeronautics Board hereinafter\nreferred to as the CAB. transmitted to the President\npursuant to section 801 of the Federal Aviation Act,\nas amended, hereinafter referred to as section 801, may\nbe made available by the CAB for public inspection and\ncopying following submission to the President.\n(b) In the interests of national security, and in\norder to allow for consideration of appropriate action\nunder Executive Order No. 11652, as amended decisions\nof the CAB transmitted to the President under section 801\nshall be withheld from public disclosure for five days\nafter submission to the President.\n(c) At the same time that decisions of the CA3 are\nsubmitted to the President pursuant to section 801, the\nCAB shall transmit copies thereof to the Secretary of\nState, the Secretary of Defense, and the Assistant to the\nPresident for National Security Affairs.\n(d) The Secretary of State and the Secretary of\nDefense. or their designees, shall review the decisions\nof the CAB transmitted pursuant to subsection (c) above,\nand shall promptly advise the Assistant to the President\nfor National Security Affairs or his designee, whether, and\nif so: why, action pursuant to Executive Order No. 11652,\nas amended, is deemed appropriate. If. after considering\nthe above recommendations the Assistant to the President\nfor National Security Affairs or his designee determines\nthat classification under Executive Order No. 11652 is\nappropriate. he shall take such action and immediately so\ninform the CAB. Action pursuant to this subsection shall\nbe completed within five days of receipt of the decision\nby the President,\nmore\n2\n(e) On and after the sixth day following receipt\nby the President of a CAB decision submitted pursuant to\nsection 801, the CAB is authorized to disclose all\nunclassified portions of the text of such decision.\nNothing in this section is intended to affect the ability\nto withhold material under Executive order or statute\nother than section 801.\nSec. 2. (a) Views of departments and agencies outside\nof the Executive Office of the President, other than those\nviews involving considerations of defense or foreign policy\n(including international negotiations costs) which are to\nbe the subject of recommendations to the President in\nconnection with his review under section 801, shall be\npresented to the CAB in accordance with the procedures of\nthe CAB. While some issues will inevitably involve both\nquestions of regulatory policy and defense or foreign policy,\ndepartments and agencies outside of the Executive Office of\nthe President should make a conscientious effort to present\ntheir views on regulatory matters in proceedings before the\nCAB, and raise only matters of defense or foreign policy\nthat are of Presidential concern in the course of the\nreview under section 801.\n(b) Departments and agencies outside of the Executive\nOffice of the President which intend to make recommendations\nto the President on matters of defense or foreign policy\nand have such intentions while the matter is pending before\nthe CAB, shall, except as confidentiality is required for\nreasons of defense or foreign policy, make the existence\nof such intentions and the conclusions to be recommended\nknown to the CAB in the course of its proceedings.\nSec. 3. (a) In advising the President with respect\nto his review of an order submitted to him pursuant to\nsection 801, departments and agencies outside of the\nExecutive Office of the President shall:\n(1) identify any matter contained in their respective\nrecommendations which was not previously submitted to the\nCAB pursuant to section 2(a) above;\n(2) explain why such matter was not previously sub-\nmitted to the CAB for its consideration; and\n(3) identify with particularity the defense or\nforeign policy implications of the CAD decision which\nare deemed appropriate for the President's consideration.\n(b) Orders involving foreign and overseas air trans--\nportation certificates of U.S. carriers that are subject\nto the approval of the President are not subject to judicial\nreview when the President approves or disapproves an order\nfor reasons of defense or foreign policy. All disapprovals\nnecessarily are based on such a Presidential decision, but\napproval by the President does not necessarily imply the\nexistence of any defense or foreign policy reason. For\nthe purpose of assuring whatever opportunity is available\nunder the law for judicial review of the CAB decisions, all\ndepartments and agencies which make recommendations to the\nPresident pursuant to section 801 should indicate separately\nwhether, and why, if the order or any portion of the order\nis approved, the President cannot state in his approval that\nno defense or foreign policy reason underlies his action.\nmore\n3\nSec. 4. Individuals within the Executive Office of the\nPresident shall follow a policy of (a) refusing to discuss\nmatters relating to the disposition of a case subject to\nthe approval of the President under section 801 with any\ninterested private party, or an attorney or agent for any\nsuch party, prior to the President's decision, and (b)\nreferring any written communication from an interested\nprivate party, or an attorney or agent for any such party,\nto the appropriate department, or agency outside of the\nExecutive Office of the President. Exceptions to this\npolicy may only be made when the head of an appropriate\ndepartment or agency outside of the Executive Office of\nthe President personally finds that direct written or\noral communication between a private party and a person\nwithin the Executive Office of the President is needed\nfor reasons of defense or foreign policy.\nSec. 5. Departments and agencies outside of the\nExecutive Office of the President which regularly make\nrecommendations to the President in connection with the\nPresidential review pursuant to section 801 shall,\nconsistent with applicable law, including the provisions\nof Chapter 5 of Title 5 of the United States Code:\n(a) establish public dockets for all written com--\nmunications (other than those requiring confidential\ntreatment for defense or foreign policy reasons) between\ntheir officers and employees and private parties in\nconnection with the preparation of such recommendations;\nand,\n(b) prescribe such other procedures governing oral\nand written communications as they deem appropriate.\nSec. 6. Although it is recognized that the provisions\nset forth in this Order will frequently apply to review of\ndecisions made in adversary proceedings involving private\nparties, this Order is intended solely for the internal\nguidance of the departments and agencies in order to\nfacilitate the Presidential review process. This Order\ndoes not confer rights on any private parties.\nSec. 7. The provisions of this Order shall be\neffective on the 30th day following publication in the\nFederal Register.\nGERALD R. FORD\nTHE WHITE HOUSE,\nJune 10, 1976.\n# # #"
}