For Immediate Release
Office of the Press Secretary
April 23, 2003
Statement by the President
Today I have signed into law S. 380, the Postal Civil Service
Retirement System Funding Reform Act of 2003. The Act reforms the
funding of benefits under the Civil Service Retirement System (CSRS)
for employees of the United States Postal Service.
Under the Appointments Clause of the Constitution, including as
construed by the U.S. Supreme Court in 1997 in Edmond v. United States,
statutory authority to make decisions for the United States that are
final must be exercised by, or subject to the control of, a principal
officer of the United States. Sections 2(c) and 3(b) of the Act vest
in certain circumstances in the CSRS Board of Actuaries (Board)
authority to reconsider, review, and make adjustments with finality in
certain determinations, redeterminations, and computations made by the
Director of the Office of Personnel Management (OPM). Yet, Board
members are not principal officers because they have not been appointed
by the President, by and with the advice and consent of the Senate, as
the Appointments Clause requires. They have instead been appointed by
the Director of OPM in accordance with law. Moreover, the Board is not
subject to the control of a principal officer in conducting the review,
reconsideration, and adjustments for which sections 2(c) and 3(b) of
the Act provide, because those sections make such Board action final.
Accordingly, to the extent that sections 2(c) and 3(b) make the actions
of the Board under those sections final, they are inconsistent with the
Appointments Clause.
The Director of OPM shall prepare forthwith for submission to the
Congress recommended legislation to conform statutes related to the
CSRS Board of Actuaries to the Appointments Clause. While awaiting
enactment of corrective legislation, I instruct the Director of OPM,
who is a principal officer, to receive any results of reconsideration,
review, or adjustments by the Board under sections 2(c) and 3(b) of the
Act as advice and opinion for the Director's approval, modification, or
disapproval. This instruction gives the fullest effect to the Act that
is consistent with the Appointments Clause.
Sections 2(e)(1), 3(e)(1), and 3(f)(1)(B) of the Act purport to
require officials in the executive branch to submit recommendations to
the Congress or an agent of the Congress. The executive branch shall
construe such provisions in a manner consistent with the constitutional
authority of the President to submit for the consideration of the
Congress such measures as the President judges necessary and
expedient.
GEORGE W. BUSH
THE WHITE HOUSE,
April 23, 2003.
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