October 30, 1984
In signing S. 771, the Health Promotion and Disease Prevention Amendments of 1984, I must
note my strong objection to section 8 of the bill, which would provide for a Council on Health
Care Technology. In its initial stages, as well as finally constituted, the Council would perform
significant governmental duties pursuant to a public law. Under the Constitution, the members of
such a Council cannot be appointed by a congressional panel or by a body like the National
Academy of Sciences, which is not an agency of the United States. (Buckley v. Valeo, 424 U.S. 1,
118 - 141 (1976)) Moreover, the Council would intermingle governmental and nongovernmental,
executive and legislative elements, in a manner which is inconsistent both with the Constitution
and with sound government practices.
I have nevertheless approved S. 771 because section 8 does not constitute an integral element of
it. I strongly urge Congress to amend section 8 in such a manner that the Council will be
reconstituted either as a governmental agency, the members of which will be appointed in a
manner which conforms with Art. II, section 2, cl. 2 of the Constitution, or as a private,
nongovernmental organization whose members do not have significant duties pursuant to a public
law. Pending the enactment of such remedial legislation, I shall, pursuant to section 684, title 2,
United States Code, defer any budget authority that might provide for any grants to the
Council.
Note: As enacted, S. 771 is Public Law 98 - 551,
approved October 30.