October 14, 1982
I have signed S. 2852, the student financial assistance technical amendments act of 1982. This bill makes a number of changes in the student aid grant and loan programs generally intended to improve the way these programs function.
I am pleased that before final passage of this legislation, a complex and potentially very costly provision opposed by the administration was deleted. I would, however, like to comment on an objectionable provision which remains in the final version.
Section 6 of S. 2852 would authorize either House of Congress to disapprove the Secretary of Education's schedule for family contributions for Pell Grants for the 1984 - 85 academic year. The Attorney General has advised me, and I agree, that one House of Congress cannot bind the executive branch by passing a simple resolution that is not adopted by both Houses of Congress and presented to me for approval or veto. Such a provision unconstitutionally encroaches on the principle of the separation of powers that is at the foundation of our government. Accordingly, the Secretary of Education will implement this law in a manner consistent with the Constitution.
Note: As enacted, S. 2852 is Public Law 97 - 301, approved October 13.