Today I am pleased to sign into law S. 2184, the ``Morris K. Udall Scholarship and Excellence in National Environmental and Native American Public Policy Act of 1992.''
S. 2184 is a tribute to Mo Udall's long and admirable service to the Nation. He was a thoughtful and creative Member of Congress for 30 years. I respect him greatly and count him among my friends. This bill honors Mo by creating a foundation that will support programs involving the environment and issues related to Native Americans and Alaska Natives.
Regrettably, I must note a serious deficiency in the bill. S. 2184 purports to set qualifications, including requirements as to political party affiliation, for the trustees who will administer the foundation created by the bill. Under the Appointments Clause of the Constitution, article II, section 2, clause 2, congressional participation in such appointments may be exercised only through the Senate's advice and consent with respect to Presidential nominees. Accordingly, I will treat these provisions as precatory.
One other point deserves mention. S. 2184 purports to ``repeal'' S. 1176, passed in the last session of the Congress and presented to me in December. Because the bill came to me during an adjournment of the Congress and I withheld my signature, S. 1176 never became law. Therefore, the section of S. 2184 purporting to repeal S. 1176 can have no effect.
The White House,
March 19, 1992.
Note: S. 2184, approved March 19, was assigned Public Law No. 102 - 259.