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

Date of Issuance:

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.

Updated July 9, 2014