Reagan Library Closure

We're sorry. Due to the coronavirus public health emergency, the Ronald Reagan Presidential Library & Museum will be closed to the public beginning March 14th until further notice. This includes docents, volunteers and interns. We will continue to respond to written reference requests at reagan.library@nara.gov. Please check our website, reaganlibrary.gov or www.archives.gov/coronavirus  for updates on our operating hours and status.

All public events at the Reagan Library facilities are cancelled until further notice. This includes in-person public programs, tours, school group visits, public meetings, external conferences, and facility rentals. Where possible, we will conduct public events and outreach activities online and through virtual meetings. For online education information, please see our educational resources.

Notice to NARA Researchers and FOIA Requestors

Due to the COVID-19 pandemic and pursuant to guidance received from the Office of Management and Budget (OMB), NARA has adjusted its normal operations to balance the need of completing its mission-critical work while also adhering to the recommended social distancing for the safety of our staff.  As a result of this re-prioritization of activities, you may experience a delay in receiving an initial acknowledgment as well as a substantive response to your reference or FOIA request or appeal.  We apologize for this inconvenience and appreciate your understanding and patience.  Read more on how NARA is addressing COVID-19 (coronavirus) https://www.archives.gov/coronavirus

RESEARCHERS: Please see a "Letter to Researchers" from the Archivist of the United States for a further update.

 


 

Statement on Signing a Bill Amending the Bankruptcy Code

May 15, 1987

I am today signing S. 903, a bill "To extend certain protections under title 11 of the United States Code, the Bankruptcy Code.'' This legislation amends substantially identical provisions of two different laws, Public Law 99 - 591 and Public Law 99 - 656, to extend their operation from May 15, 1987, until September 15, 1987. Both laws require the payment of certain benefits to retirees of business organizations in chapter XI bankruptcy proceedings (involving business reorganizations) and apply to cases pending under chapter XI in which benefits were being paid on October 2, 1986, and to all such cases in which an order for relief is entered after that date.

Those provisions are unobjectionable. I must note my serious concern, however, with the extension of subsection 2(b)(3) of Public Law 99 - 656. That provision requires a particular bankruptcy trustee, in a case identified by reference to the circumstances of its bankruptcy proceedings, to continue to pay certain benefits to retired former employees. Under the Constitution, the Congress is authorized to establish ``uniform Laws on the subject of Bankruptcies throughout the United States.'' Subsection 2(b)(3) singles out a specific firm. It amounts to a private bankruptcy law, which is beyond the Congress' constitutional authority to enact. I believe, therefore, the extension of this provision is unconstitutional.

In considering this legislation, I am of course aware that when the Congress enacted the temporary bankruptcy provisions of Public Laws 99 - 591 and 99 - 656 it did so for the express purpose of ``freezing'' the status quo, while it considered possible permanent amendments of the Bankruptcy Code in the area of pension benefits. I understand that these deliberations are still under way. For that reason, and because the extensions contained in S. 903 are both temporary and brief, I am persuaded in this unique circumstance to give the Congress additional time to ponder a more permanent and constitutionally sound response to the problems facing retired workers by approving S. 903.

In approving this legislation, however, I must once again underscore my belief that the purported extension of subsection 2(b)(3) of Public Law 99 - 656 constitutes an unconstitutional private bankruptcy law. Because of its unconstitutional nature, I have directed the Attorney General not to defend it.

Note: S. 903, approved May 15, was assigned Public Law No. 100 - 41.