Reading Room Document

Constitutionality of Committee Approval Provision in Department of Housing and Urban Development Appropriations Act

Provision for prior congressional committee approval of an executive officer's exercise of statutory authority is an unconstitutional legislative veto, and is of no legally binding effect. Accordingly, such a provision in the Department of Housing and Urban Development (HUD) appropriations act cannot operate to prohibit the Secretary of HUD from undertaking certain otherwise authorized actions in connection with a planned departmental reorganization. The OLC does not provide release dates for its opinions, so the release date listed is the date on which the opinion was authored. The original opinion is available at www.justice.gov/file/23191/download.

October 27, 1982