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33. Is the provision requiring further congressional approval before expenditure of the funds constitutional?
A statute passed by both houses of Congress and signed by the President authorizes a federal agency to select a site for and to construct a monument honoring members of the capitol police force killed in the line of duty. The statute appropriates the necessary funds but provides that the funds may not be expended until both houses of Congress have adopted a concurrent resolution, not subject to presentment to the President, approving the agency's plans for the monument's location and design.
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Under Article I, Congress may invoke its lawmaking powers to establish federal agencies, offices within those agencies, agency structures, and operations. Furthermore, Congress may determine which powers, duties, and functions the agencies may exercise, in addition to directly opposing, through implementing legislation, certain actions by agencies acting pursuant to their authority.
Official legislation is typically required for Congress to monitor federal agencies, including when it seeks to control structures, funding, and regulations. This legislative action must abide by bicameral constitutional requirements, meaning, it must be: (i) approved in both congressional houses; and (ii) presented to the President for either signature or veto.
B is correct. When Congress passes legislation in an effort to monitor federal agencies, including the managing of funding expenditures, this legislative action must satisfy Article I requirements of bicameral approval and presidential sign-off. Here, although the statute itself has satisfied Article I, the provision has not because it does not require the concurrent resolution to be presented to the President for his signature. Therefore, the provision amounts to an unconstitutional legislative interference with an executive function.
A is incorrect. This answer reaches the correct answer with the wrong reasoning. Decisions regarding the placement and design of structures that are government-owned are not reserved exclusively for the executive branch. Rather, this question is testing the requirements of legislative action monitoring executive agencies, as explained above.
C is incorrect. Congress may establish and monitor federal agencies, including determining powers, duties, and functions of those agencies. However, when Congress seeks to control structures, funding, and regulations of federal agencies, this amounts to legislative action, which must abide by Article I requirements for both bicameral approval and presentment to the President. The provision is unconstitutional because Congress may not properly adopt a concurrent resolution without approval by the President, as explained above.
D is incorrect. It is true that the statute authorizing the agency to select a memorial site was passed by both houses of Congress and signed by the President. However, the provision regarding the concurrent resolution requires separate approval by both houses and the President, for the reasons stated above.