44 
U.S. Department of Justice 
Office of Legislative Affairs 
Office of the Assistant Attorney General Washington, D.C. 20530 
ates) 
Jt) 1999 
Honorable Walter B. Jones 
Chairman 
Committee on Merchant Marine and Fisheries 
House of Representatives 
Washington, D.C. 20515 
Dear Mr. Chairman: 
The purpose of this letter is to inform you of the objection 
of the Department of Justice to Section 3 of H.R. 6113, the "Ocean 
Dumping Amendments of 1982." 
Section 3, proposed 33 U.S.C. § 1414 (j)(4) (A), contains a 
legislative veto provision that would purport to authorize one 
House of Congress to take action that would be binding on the 
Executive Branch. 
Section 3 of the bill adds a new subsection (j) to Section 
104 of the Marine Protection, Research and Sanctuaries Act of 
1972, 33 U.S.C. § 1414, which includes a provision for one House 
of Congress to disapprove dumping permits issued under that Act. 
See proposed § 104(j)(4)(A). From a constitutional perspective, 
this one-House legislative veto provision is invalid for two rea- 
sons. First, any exercise of legislative power by the Congress 
that purports to bind the Executive Branch is governed by the 
procedures set forth in Art. I, § 7, Cls. 2 & 3 of the Constitu- 
tion. These procedures require passage of a bill or resolution by 
majorities of both Houses of Congress, and presentation of the 
item to the President for his approval or veto. Since a one-House 
legislative veto is not presented to the President, the provision 
is unconstitutional. Second, the provision violates the basic 
principle of the separation of powers, under which Congress is to 
legislate, and the Executive Branch is to execute the laws. By 
purporting to retain power to control the Executive Branch in its 
exercise of the executive function, the legislative veto provision 
effectively seeks to authorize one House of Congress to execute 
the law in violation of the separation of powers principle. We 
should note that these general arguments were accepted by a unani- 
mous panel of the United States Court of Appeals for the District 
of Columbia Circuit in Consumer Ener Council of America v. Federal 
Energy Regulatory Commission, Nos. 80-2184 & 80-2312 (D.C. Cir., 
