[Public Papers of the Presidents of the United States: George H. W. Bush (1992-1993, Book II)]
[October 6, 1992]
[Pages 1767-1768]
[From the U.S. Government Publishing Office www.gpo.gov]



Statement on Signing the Departments of Commerce, Justice, and State, 
the Judiciary, and Related Agencies Appropriations Act, 1993
October 6, 1992

    I have signed into law H.R. 5678, the ``Departments of Commerce, 
Justice, and State, the Judiciary, and Related Agencies Appropriations 
Act, 1993.''
    During the past few years, I have continually sought increased 
resources for Federal law enforcement. While we have achieved 
substantial progress in this area, the Congress has been unwilling to 
support fully my efforts to combat violent crime and drugs, placing 
public safety at greater risk. Once again, I am disappointed that this 
Act cuts more than $500 million from my request to support the fight 
against crime and drugs. Obviously, this will hamper the Justice 
Department's efforts to combat violent crime. Additional funding could 
have been provided to fight crime if the Congress had

[[Page 1768]]

agreed to terminate or reduce other unwarranted programs as proposed in 
my FY 1993 budget request.
    The results of the congressionally imposed cuts will be manyfold. 
First, the Federal Bureau of Investigation will not be able to hire 
additional agents. Second, the Drug Enforcement Administration will be 
unable to complete major planned drug investigations. Third, my plan for 
the systematic expansion of prison operations will be curtailed. Fourth, 
the Immigration and Naturalization Service will be forced to operate at 
a level below FY 1992, meaning less enforcement on our Nation's borders. 
Finally, Federal prosecutors will be unable to handle their mounting 
case loads, thereby delaying putting criminals behind bars.
    In addition, I note that section 611(b)(1) of the Act incorporates 
by reference a provision that grants certain authority only to those 
Members of the Board of Directors of the Legal Services Corporation who 
have been confirmed by the Senate. Under Article II of the Constitution, 
the President has the power ``to fill up all Vacancies that may happen 
during the Recess of the Senate.'' Under the Constitution, such recess 
appointees enjoy the same powers assigned to Senate-confirmed officers. 
Provisions purporting to grant authority only to individuals confirmed 
by the Senate interfere with the President's recess appointment power, 
and are unconstitutional.
    I would also note my strong objections to the inclusion of an 
amendment to the criminal post-employment statute in an appropriations 
bill, without benefit of any public discussion of the merits, without 
any appreciation of the recently enacted comprehensive amendments to the 
post-employment statute, and without regard for the implications of 
targeting for coverage just one position.
    Nevertheless, the overall amount of funding provided by H.R. 5678 is 
consistent with my budget request, and thus allows progress toward a 
freeze in domestic discretionary budget authority to be maintained. 
Because the bill provides funding for the continuance of many important 
programs within this level, I have signed it.

                                                             George Bush

The White House,
October 6, 1992.

                    Note: H.R. 5678, approved October 6, was assigned 
                        Public Law No. 102-395.