Today, I have signed into law H.R. 7318, an Act “To amend the Federal Assets Sale and Transfer Act of 2016 to ensure that the Public Buildings Reform Board has adequate time to carry out the responsibilities of the Board, and for other purposes” (the “Act”).
The Act, however, fails to address a constitutional concern related to the Federal Assets Sale and Transfer Act of 2016 (2016 Act). The 2016 Act requires the President to appoint 6 of the 7 members of the Public Buildings Reform Board from recommendations provided by Members of the Congress. I welcome the views of the Congress, and will give them due consideration, but the President cannot, consistent with the separation of powers, be constrained by recommendations of the legislative branch in appointing the members of an executive branch entity. I will, therefore, continue to treat this appointment requirement as advisory.
