CONGRESSIONAL RECORD-SENATE

third year under S. 607, combined

funding would be $290 million, a 67

percent increase from the current

budget year. Under present fiscal con- ditions, unrestrained increases of this

magnitude-no matter how worthy the

programs-are unacceptable.

Legislation that provides for Federal

support of public broadcasting at realistic and reasonable levels and that

provides public broadcasters witb the means and incentives to explore alternative revenue sources would be both

appropriate and welcome. If, however,

we are to succeed in reducing Federal

spending-as we must-the levels of

spending contemplated by S. 607

cannot be justified.

In withholding my approval of S.

607, I want to emphasize that the con- tinued operations of the Corporation

for Public Broadcasting are not at risk.

Funds for the Corporation have already been appropriated for 1985 and

1986, and funds for 1987 are contained

in H.R. 6028, the Labor-Health and

Human Services-Education 1985 appropriations bill, which recently

passed both Houses of Congress.

I vetoed an earlier version of this

legislation on August 29, 1984, for precisely the same reasons that I am withholding my approval of S. 607. I

will continue to oppose and reject bills

of this nature until and unless Congress presents me with a bill that is

consistent with sound budget policy.

This one is certainly not, and I decline

to approve it.

RONALD REAGAN.

THE WHITE HOUSE. October 19, 1984.

S. 1097

MEMORANDUM OF DISAPPROVAL

I have withheld my approval from S.

1097, the "National Oceanic and Atmospheric Administration's Atmospheric and Oceanic Research and

Services Act of 1984." S. 1097 would,

among other things, authorize appropriations for various National Oceanic

and Atmospheric Administration

(NOAA) programs for fiscal year 1085,

for which appropriations have already

been enacted.

S. 1097 also contains, however, a number of undesirable provisions that

would unduly effect the ability of the

Department of Commerce to manage

its programs responsibly and effectively. The provisions in Title VI concern- ing the closings and consolidations of

National Weather Service offices are particularly onerous and would have

the effect of virtually precluding the

consolidation or closing of such offices, even when such closings or consolidations are fully justified.

In addition, S. 1097 contains other

highly objectionable provisions con- cerning the Department's activities.

Section 205 of S. 1097 would result in

excessive and unjustifiable delays in

Department contracting-out activities,

even when such contracting would be

in the clear interest of the Nation's

taxpayers. And, Section 202(b), which concerns the weather satellte program, is objectionable because it would

lessen the Secretary of Commerce's

discretion in managing that program, as well as require the inefficient use of a government asset.

This act represents an unwarranted

Intrusion by Congress into matters

normally and properly within the

management discretion of the Executive branch. In the interest of efficient

and economical conduct of government activities, therefore, I am con- strained to withhold my approval of S.

1097.

RONALD REAGAN.

THE WHITE HOUSE, October 19, 1984.

S. 2166

MEMORANDUM OF DISAPPROVAL

I am withholding my approval of S.

2166, the "Indian Health Care Amend-

•nents of 1984," which would extend

and amend the Indian Health Care

Improvement Act.

Although I fully support the intent

and objectives of the Indian Health

Care Improvement Act, I believe this

bill is seriously deficient in fulfilling

those goals. My disapproval of thc ';ll

will in no way affect the continued delivery of health care services to our country's Indian population. Earlier

this month I signed the Continuing

Resolution Appropriations Act for

fiscal year 1985, which includes $855

million for the Indian Health Service,

an increase of $30 million over the

prior year.

A number of serious flaws in S. 2166

compel my disapproval of this bill.

Two provisions are especially troublesome.

First, a provision that I find totally

unacceptable would actually reduce access to health services for Indians.

That provision would have the effect

of making Indians residing in Montana

ineligible for certain benefits of State

and locally supported health programs

until and unless the availability of

such benefits from the Indian Health

Service has been exhausted. In my

view, this provision for Indian citizens

of Montana would set a precedent for

potentially changing the fundamental

relationship of the Indian Health

Service to State and local entities, as well as depriving eligible Indians of

benefits that should be due them by

virtue of their citizenship in the State.

As a matter of both principle and

precedent, I cannot accept this provision.

Second, the mechanism established

in section 602(d) of the bill for effecting the removal of the Indian Health

Service from the Health Resources

and Services Administration (HRSA)

is unconstitutional and can have no legal effect. The Department of Justice has advised me that the Congress

may not constitutionally delegate to a

congressionally appointed body, such as the Commission on the Organiza..

tional Placement of the Indian Health

Service established by this bill, the

legislative authority to determine

when legislation will take effect. Be- cause section 602(d) does not comply

with the clear requirements of the

Constitution, I cannot give my approval to this bill.

Other serious flaws in S. 2166 that

compel my disapproval would:

-duplicate existing authorities in

most of its provisions;

-unnecessarily and wastefully

change the organization of the

Indian Health Service; and

-place increased emphasis on serv- ices that are not oriented toward

the primary mission of the Indian

Health Service.

The bill would allocate a significant

portion of funding for various peripheral projects, such as unnecessary re- ports, interagency agreements, and

regulations development. This would

lead either to an unacceptable in- crease in total funding or to underfunding of the most critical area-provision of clinical health services to res- ervation Indians. The Administration

has, on the other hand, proposed

using most Indian health funds for

this purpose, so that resources can be

most effectively spent where the need

is the greatest.

For all these reasons, I find S. 2166

unacceptable.

As I indicated earlier, the action I am taking will have no adverse impact on the delivery of health services to

Indians living on or near a reservation

because the existing provisions of the

Snyder Act provide all necessary au- thority for such services. Since 1955,

utilizing the Snyder Act authorities:

-30 hospitals have been constructed;

-30 clinics and 58 field health stations have been constructed;

-Annual admissions to Indian

Health Service and contract hospitals have more than doubled; outpatient visits have multiplied by

approximately eight times; and the

number of dental services provided

has increased ten-fold.

Even more important are the

achievements in terms of improved

health status, which is, after all, the

goal of the Indian Health Service:

-The infant mortality rate has decreased by 77 percent and the ma- ternal death rate by 86 percent;

-The death rate resulting from

pneumonia and influenza has decreased by 73 percent: and

-Death from tuberculosis has been

reduced by 94 percent and the incidence of new active tuberculosis

has been reduced by 84 percent.

Over the last decade, the Federal

Government has supported the Indian

Health Service with over $5 billion.

January 22, 1985 733