COMMITTEE ON RULES

HOUSE OF REPRESENTATIVES

ONE HUNDRED SIXTH CONGRESS

FIRST SESSION

ON

THE IMPACT OF EXECUTIVE ORDERS ON THE LEGISLATIVE PROCESS:
EXECUTIVE LAWMAKING?

For sale by the U.S. Government Printing Office

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SUBCOMMITTEE ON LEGISLATIVE AND BUDGET PROCESS
PORTER GOSS, Florida, Chairman

DEBORAH PRYCE, Ohio
DOC HASTINGS, Washington
SUE MYRICK, North Carolina
DAVID DREIER, California

MARTIN FROST, Texas

JOHN JOSEPH MOAKLEY, Massachusetts

WENDY SELIG, Staff Director

KRISTI WALSETH, Minority Staff Director

(II)

CONTENTS

OCTOBER 27, 1999

Page

Opening statement of the Hon. Porter J. Goss, chairman of the Subcommittee

on Legislative and Budget Process

1

5

6

Opening statement of the Hon. David Dreier, chairman of the Committee

on Rules

Opening statement of the Hon. Deborah Pryce, a member of the Sub-

committee on Legislative and Budget Process

Statement of:

Cox, Douglas, Principal Deputy Assistant Attorney General, U.S. Depart-

ment of Justice, 1992–1993; Partner, Gibson, Dunn and Crutcher LLP

(prepared statement p. 9).

Kinkopf, Neil, Special Assistant, Office of Legal Counsel, U.S. Depart-

ment of Justice, 1993-1997; Professor of Law, Georgia State University

(prepared statement p. 15)

Bedell, Robert, Administrator, Office of Federal Procurement Policy, Of-

fice of Management and Budget, 1986–1988; Deputy and Acting Admin-

istrator, Office of Information & Regulatory Affairs, 1983-1986; Deputy

and Acting General Counsel, 1973-1983; President, RPB Company

(prepared statement p. 23)

Sargentich, Tom, Senior Attorney Adviser, Office of Legal Counsel, U.S.

Department of Justice, 1978-1983; Professor of Constitutional and Ad-

ministrative Law, Washington College of Law, American University

(prepared statement p. 30)

Olson, William, Co-Author, CATO Study Entitled "Executive Orders and

National Emergencies"; Attorney-At-Law, William Olson P.C., McLean

Virginia (prepared statement p. 132)

7

12

19

28

44

Mosley, Ray, Director, Office of the Federal Register, National Archives
and Records Administration (prepared statement p. 138)

Additional information submitted for the record:

137

Policy Analysis: Executive Orders and National Emergencies, How Presi-

dents Have Come to Run the Country by Usurping Legislative Power,

by William J. Olson and Alan Woll

46

Questions and answers submitted for the record:

Cox, Douglas

Kinkopf, Neil

Bedell, Robert

Sargentich, Tom

Olson, William

Mosley, Ray

144

146

151

155

158

159

(III)