28 in that mostof its provisions are effective in fiscal vear 1981, and it repeals $50 million previously authorized in law for grants to the Virgin Islandsto offset any anticipated deficit. 9.Estimate prepared by Kathy Weiss. 10. Estimate approved by: C. G. Nuckols (For James L. Blum, AssistantDirector for Budget Analysis); Recunarory Iaceact EvaLuaTion The bill ii s not a regulatory measure in the sense of ii mposing¢ Government-established standards or significant economic responsibilities on private individuals and businesses. Nopersonal information would be collected in administering the provisions of the measure. Therefore, there would be no impsset on personal privacy. U.S. Drrartotent OFJUSTICE, *. ” Washington, D.C., October 5, 1979. Hon. Henry M. Jackson, | Chairman, Committee on Energy and Natura? Resources, U.S. Senate, Washington, D.C. Dear Mn. Crainstan: This presents the viewsof the Department of Justice on section 404 of H.R. 3756, which would prohibit the “extension, renewal, or renegotiation of the lease of real property on Water Island in the Virgin Islands” prior to 1992 if the United States isa party to such lease without the “express approval” of your Committee and the House Committee on Interior and Insular Affairs. This bill, including section 404, was passed by the House on May 7, 1979. Yor reasons stated hereafter, we believe that the so-called ‘‘committee approval” provision contained in section 404 is unconstitutional. The provisions of section 404 described above permit committees of the Congress effectively to “approve” or “veto”decisions of the Secretary of the Interior made pursuant to statute. After full consideration of the constitutional issues raised by “committee approval” provisions, such as this one, three former Attorneys General have concluded that they are unconstitutional. See 37 Op. A.G. 56 (1933); 41 Op. A.G. 230 (1955) ; 41 Op. A.G. 300 (1957). We adhere to this view, whichis that committees of Congress may not, under the doctrine of separation of powers, constitutionally control the exercise of discretion vested in the Executive Branch bystatute, If Congress desires to control such discretion, it must do so by legislation “subject to the veto powerof the President under ArticleI, section 7 of the Constitution. In addition to these opinionsof former Attorneys General, on June 21, 1978 the President transmitted to the Congress a message setting ote eee The pertinent legislative reports and communications received by the Committee from the Departinent of the Interior and Department of Justice, setting forth Executive agency recommendations relating to H. R. 3756 are set forth belo Ww: . an ar mhne ree he aeeee m he 1 ane tere eens oeeel eapuerperal! weg ent te “me ae Little, if any, additional paperwork would result from the enactment of FM. 3756. EXECUTIVE Cosmronicaions