Reading Room Document

Appointment of Members of the Board of Directors of the Commission on National and Community Service

The unconstitutional restrictions on the President's appointment power contained in the National and Community Service Act of 1990 are severable from the remainder of the Act. With one exception, the programs established under title I of the Act may not be implemented before the President has appointed members of the Board of Directors of the Commission on National and Community Service. There is no statutory prohibition against officers currently holding other advice-and-consent positions serving on the Board, so long as the person receives only one salary, the positions are not "incompatible" from the standpoint of public policy, and there is no augmentation of relevant appropriations. The OLC does not provide release dates for its opinions, so the release date listed is the date on which the opinion was authored. The original opinion is available at www.justice.gov/file/23441/download.

December 28, 1990