Statement on Signing the Health Promotion and Disease Prevention Amendments of 1984

In signing S. 771, the Health Promotion and Disease Prevention Amendments of 1984, I must note my strong objection to section 8 of the bill, which would provide for a Council on Health Care Technology. In its initial stages, as well as finally constituted, the Council would perform significant governmental duties pursuant to a public law. Under the Constitution, the members of such a Council cannot be appointed by a congressional panel or by a body like the National Academy of Sciences, which is not an agency of the United States. (Buckley v. Valeo, 424 U.S. 1, 118141 (1976)) Moreover, the Council would intermingle governmental and nongovernmental, executive and legislative elements, in a manner which is inconsistent both with the Constitution and with sound government practices.

I have nevertheless approved S. 771 because section 8 does not constitute an integral element of it. I strongly urge Congress to amend section 8 in such a manner that the Council will be reconstituted either as a governmental agency, the members of which will be appointed in a manner which conforms with Art. II, section 2, cl. 2 of the Constitution, or as a private, nongovernmental organization whose members do not have significant duties pursuant to a public law. Pending the enactment of such remedial legislation, I shall, pursuant to section 684, title 2, United States Code, defer any budget authority that might provide for any grants to the Council.