[Public Papers of the Presidents of the United States: George H. W. Bush (1992-1993, Book II)]
[October 6, 1992]
[Pages 1766-1767]
[From the U.S. Government Publishing Office www.gpo.gov]



Statement on Signing the Treasury, Postal Service, and General 
Government Appropriations Act, 1993
October 6, 1992

    I have signed into law H.R. 5488, the Treasury, Postal Service, and 
General Government Appropriations Act, 1993.
    This Act provides funding for several Administration priorities, 
including programs that address the crisis of drugs in our country. 
These include drug interdiction activities in the United States Customs 
Service and drug rehabilitation and treatment programs financed through 
the Office of National Drug Control Policy.
    I am pleased that the Congress has provided the funding I requested 
for my efforts to control unnecessary and burdensome Federal regulations 
through the regulatory review process headed by the Council on 
Competitiveness. Reviewing Federal regulations is an essential part of 
the President's constitutional responsibility to take care that the laws 
be faithfully executed. Regulatory review ensures that regulations 
issued by the executive branch protect the health and safety of the 
American people while taking into consideration the economic interests 
of American consumers.
    In implementing this regulatory review process, the Council on 
Competitiveness, the Office of Management and Budget, and

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the agencies take great care to ensure that the public participation 
provisions, as well as all other elements of the Administrative 
Procedure Act, are carried out in all respects. My advisers, including 
the Council members, the Office of Management and Budget, and the 
agencies, also ensure that agency rule-making decisions are supported by 
the public record maintained by the relevant agency pursuant to the 
Administrative Procedure Act.
    I note that the Conference Report suggests certain operating 
procedures for the Council on Competitiveness. This report language is 
not legally binding, and the procedures it suggests would 
inappropriately interfere with my duty to oversee the executive branch. 
As previously stated, current procedures ensure that the regulatory 
process includes public participation and that decisions are based on 
the public record.
    It is also essential that the President, the Cabinet, and other 
advisers be provided frank, candid advice about issues that may be 
raised in the regulatory process. The procedures proposed in the 
Conference Report would interfere with my ability to obtain such advice 
by requiring internal discussions among my Cabinet and my advisers to be 
reduced to writing and put on the public record. Such restrictions on 
the President's Cabinet or advisers, if imposed by the Congress, would 
be unprecedented and unconstitutional. I am, therefore, directing the 
Council on Competitiveness to continue to implement the regulatory 
review process in a manner that is consistent with current law and with 
my constitutional responsibilities.
    I also note that, certain provisions in the bill--those concerning 
regulatory review by the Office of Management and Budget (OMB) and the 
management of the Postal Service--could be interpreted to interfere with 
my authority under the Constitution to supervise the decision-making 
process within and management of the executive branch. In order to avoid 
this constitutional difficulty, and without recognizing the Congress's 
authority to impose these restrictions, I will interpret them to permit 
such supervision through other means.
    A number of provisions in the Act condition the President's 
authority, and the authority of affected executive branch officials, to 
use funds otherwise appropriated by this Act on the approval of various 
congressional committees. These provisions constitute legislative vetoes 
similar to those declared unconstitutional by the Supreme Court in INS 
v. Chadha. Accordingly, I will treat them as having no legal force or 
effect in this or any other legislation in which they appear.

                                                             George Bush

The White House,
October 6, 1992.

                    Note: H.R. 5488, approved October 6, was assigned 
                        Public Law No. 102-393.