Statement on Signing the Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 1991

Today I have signed into law H.R. 5021, the "Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 1991."

In signing this Act, I note that the Act creates a three-member Central European Small Enterprise Development Commission, which will formulate and contract for a 3-year management and technical assistance demonstration program in Central Europe. Because this constitutes the exercise of significant authority pursuant to the laws of the United States, the members of the Commission must be appointed in conformity with the provisions of the Appointments Clause. U.S. Const. Art. II, sec. 2, cl. 2. Thus, although the Act is silent as to the manner of appointment of these individuals, it must be construed to require that the members of the Commission are to be appointed by me or my delegate. Similarly, requiring that the members of the Commission be "representatives" of private organizations would impose upon them an obligation inconsistent with the undivided duty of loyalty owed by Officers of the United States. Therefore, I am constrained to interpret the Act, as the Constitution requires, to provide for appointment of members of the Commission after due consideration of recommendations from the organizations designated in the Act.

Furthermore, as with last year's Act, I interpret the provisions on the Legal Services Corporation as not restricting the authority of future recess appointees to exercise all powers conferred upon members of the Board of the Corporation.

George Bush

The White House,

November 5, 1990.