Statement on Signing the
Arizona-Idaho Conservation Act of 1988
I
am today signing S. 2840, the ``Arizona-Idaho Conservation Act of 1988.''
I
am approving this measure after having approved H.R. 5280, an Act that provides
for the minting and sale of coins commemorating the Bicentennial of the United
States Congress. Under section 8(a) of H.R. 5280, some of the proceeds from the
sale of these coins are to be deposited in the Capitol Preservation Fund for
the use of the United States Capitol Preservation Commission, a body consisting
of members of Congress. The balance of these proceeds is to go into the general
fund of the Treasury.
Under
section 5(e) of H.R. 5280, contracts made by the Secretary of the Treasury to
promote the sale of these coins are made subject to the approval of the United
States Capitol Preservation Commission. Considered in isolation, section 5(e)
would appear to violate the basic constitutional principle that the Congress
can affect the legal rights, duties, and relations outside the Legislative
branch only by the constitutionally specified procedures for legislation:
passage by both Houses and presentation to the President (INS v. Chadha, 462 U.S. 919, 951 - 967 (1983)).
Because
I have approved S. 2840 after H.R. 5280, section 803(a) of S. 2840 will have
the effect of partially repealing section 8(a) of H.R. 5280 by providing that
all of the proceeds from the sale of bicentennial of Congress coins be
deposited in the Capitol Preservation Fund, which the Capitol Preservation
Commission would use in preserving the Capitol building. The Secretary of the
Treasury's contract-letting authority under section 5(e) of H.R. 5280 will thus
serve as a mere adjunct to the purely congressional ``housekeeping'' function
of maintaining and improving the Capitol. Under these circumstances, Commission
approval of the Treasury Secretary's contracts will not serve to alter the
rights, duties, and relations outside the Legislative branch, since the
Secretary's contracting activities will further a purely legislative function.
Accordingly,
I approve S. 2840 with the knowledge that its enactment will cure H.R. 5280 of
its constitutional deficiency.
Ronald
Reagan
The
White House,
Note: S. 2840, approved
November 18, was assigned Public Law No. 100 - 696.