Reading Room Document

Constitutionality of Subsection 4117(b) of Enrolled Bill H.R. 5835, the "Omnibus Budget Reconciliation Act of 1990"

The conditions imposed on action by the Secretary of Health and Human Services by subsection 4117(b) of the Omnibus Budget Reconciliation Act of 1990 violate either the Appointments Clause or the bicameralism and presentment requirements of the Constitution. The subsection is also unconstitutional insofar as it attempts to confer federal lawmaking power on State organizations. In the event that the President signs the bill into law, he may direct that the unconstitutional conditions imposed by subsection 4117(b) be given no legal force or effect. 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/23436/download.

November 5, 1990