Statement of Administration Policy: H.R. 3933 - National Historical Publications and Records Commission Amendments of 1988

(REVISION)

(House)
(Brooks (D) Texas and three others)

Although the Administration has no objection to reauthorization of the National Historical Publications and Records Commission, it opposes enactment of H.R. 3933, because the bill would authorize funding for the Commission's grant program. As last year's Bipartisan Budget Agreement acknowledged, the Federal Government should fund only activities that are clearly both necessary and its responsibility. The President's 1989 Budget recognizes that the Commission's grant program is a non-essential activity and proposes no appropriations for it. Accordingly, section four of H.R. 3933 should be amended to authorize appropriations for the Commission's activities of no more than $1,015 million for FY 1989 and "such sums as may be necessary" for FY 1990 through FY 1993.

In addition, the Justice Department has advised that, as an advisory body, the Commission may not, under the Supreme Court's Buckley v. Valeo decision exercise "significant authority pursuant to the laws of the United States." Accordingly, to avoid a potential constitutional problem, section four of H.R. 3933 should be further amended to clarify that the Commission's authority to "sponsor fellowships" — a "significant authority" — is limited to making recommendations to the Archivist of the United States, an officer of the United States appointed under the Appointments Clause of. the Constitution.