Appropriations Bill Statement on Signing H.R. 7556 Into Law.

The President has signed H.R. 7556, which authorizes FY 1978 appropriations of $7,709,432,000 for the Departments of State, Justice, and Commerce, the Judiciary, the Small Business Administration, USIA, the Legal Services Corporation, and other related agencies and commissions. It also provides $211,515,000 in 1977 supplemental appropriations for the disaster loan fund of the Small Business Administration, for the Board for International Broadcasting, and for certain agencies to cover increased pay costs of the executive and judicial pay increases.

The bill also contains prohibitions against use of funds for the President's amnesty program, for making commitments of aid to Vietnam, Cambodia, or Laos, and for negotiating settlement of U.S. claims against private property confiscated by Cuba at less than principal value.

The President issued a statement on signing the bill, noting his constitutional objection to the section which interferes with the amnesty program. The statement follows:

"I am signing H.R. 7556, the Departments of State, Justice, and Commerce, the Judiciary, and Related Agencies Appropriation Act for fiscal year 1978. I wish, however, to express my strong disagreement with Section 706 of this act.

"On January 21, 1977, pursuant to my power under the Constitution, I issued a proclamation granting, with certain exceptions, an unconditional pardon for Vietnam era violators of the Selective Service laws. By Executive order, I directed the Attorney General to take certain actions to implement the pardon proclamation. Section 706 purports to prohibit the use of funds appropriated under this act to carry out the Executive order. The prohibition relates to the three types of action called for by the Executive order: dismissal of indictments for certain violations of the Selective Service laws, termination of investigations regarding those violations, and permitting entry into the United States of aliens who might be excludable because of possible violation of the Selective Service laws.

"The first two aspects of Section 706 will have no real practical effect because the matters in question--dismissal of indictments and termination of investigations-do not actually depend upon the expenditure of funds by the Department of Justice. The third aspect is intended to preclude entry of certain aliens who, as a result of the pardon and the Executive order, may be entitled to enter. I am advised by the Department of Justice that this aspect of Section 706 is unconstitutional. It amounts to interference with the pardon power which is invested in the President by the Constitution. Moreover, it would be a bill of attainder because it would impose punishment, without judicial trial, upon an easily ascertainable group. In addition, certain applications of Section 706 would constitute a denial of due process."