Statement of Administration Policy: H.R. 3762 - Metropolitan Washington Airport Act Amendments of 1991

(House)
(Oberstar (D) Minnesota and 6 others)

The Administration strongly opposes H.R. 3762 in its current form. The bill attempts to cure constitutional defects related to the Board of Review of the Metropolitan Washington Airports Authority. However, constitutional problems remain. The new Board of Review created in H.R. 3762 would violate the Appointments Clause of the Constitution because the Board would be appointed by the Authority from lists of individuals provided by Congress while exercising significant Federal authority within the meaning of the Supreme Court's decision in Buckley v. Valeo.

If the House passes H.R. 3762, the Administration will seek a Senate amendment to eliminate the Board of Review and provide for more direct congressional oversight, consistent with the Constitution. Under the amendment, the Authority could be required to transmit a report to the Secretary of Transportation prior to taking any of the actions that would be subject to review by the Board of Review under the current bill. The Secretary could then be required to forward copies of such report to the Speaker of the House and the President pro tempore of the Senate. The Authority could be required to wait 60 days from the receipt of the report by Congress before proceeding with its proposed action. During this period, there could be an opportunity for a joint resolution disapproving of the Authority's proposed action, just as in the current version of the bill.