[Congressional Record Volume 140, Number 147 (Tuesday, November 29, 1994)]
[Senate]
[Page S]
From the Congressional Record Online through the Government Printing Office [www.gpo.gov]


[Congressional Record: November 29, 1994]
From the Congressional Record Online via GPO Access [wais.access.gpo.gov]

 
  EXTENTION OF DEADLINE FOR SUBMISSION OF NOMINATIONS FOR THE DEFENSE 
                BASE CLOSURE AND REALIGNMENT COMMISSION

  Mr. MICHEL. Mr. Speaker, I ask unanimous consent that the Committee 
on Armed Services be discharged from further consideration of the bill 
(H.R. 5292) to amend the Defense Base Closure and Realignment Act of 
1990 to extend the deadline for the submission of nonimations for the 
Defense Base Closure and Realignment Commission, and ask for its 
immediate consideration.
  The Clerk read the title of the bill.
  The SPEAKER. Is there objection to the request of the gentleman from 
Illinois?
  Mr. BONIOR. Mr. Speaker, reserving the right to object, and I will 
not object, I yield to the gentleman from Illinois [Mr. Michel] for an 
explanation.
  Mr. MICHEL. Mr. Speaker, I will be very brief, under the gentleman's 
reservation.
  Mr. Speaker, the purpose of this legislation is simple. The last Base 
Closing Commission will begin its work next year. Under the law, the 
President must submit to the Senate his nominations for Members of the 
Commission no later than January 3, 1995.
  The problem arises in that the adjournment resolution provides that 
the Senate will reconvene on January 4, 1995. Because the Senate will 
not be in session on the statutory date of January 3, 1995, the 
President's nominations might be considered as recess appointments, 
thus bypassing the Senate's right to give its advice and consent to 
these nominations.
  Further, it has to be anticipated that any questions arising about 
the validity of the appointments of Members of the Commission will 
result in litigation attacking the product of the Commission's 
deliberations. For this reason, and in order to preserve the role of 
Congress in approving the Commission's Members, the bill simply changes 
the statutory deadline for the President's nominations to January 4, 
1995, the first day the Senate will be able to receive them.
  That is all the bill does.
  Mr. BONIOR. Mr. Speaker, I yield to the gentleman from Utah [Mr. 
Hansen].
  Mr. HANSEN. Mr. Speaker, I thank the gentleman for yielding to me.
  Mr. Speaker, I would ask the sponsor of the resolution a question: 
Does this resolution alter the recommendation on Commission nominations 
which have previously been submitted by the President to Congress?
  Mr. MICHEL. Mr. Speaker, if the gentleman will continue to yield, it 
does not alter the President's recommendations for appointment at all, 
but the President would have to take into account the new makeup of the 
Congress in that selection.
  Mr. HANSEN. Mr. Speaker, I appreciate the gentleman yielding to me.
  Mr. Speaker, that would leave me the right to talk to new leadership 
and do whatever I felt was necessary to pursue this at a subsequent 
time, is that correct?
  Mr. MICHEL. If the gentleman will yield further, that is correct.
  Mr. BONIOR. Mr. Speaker, I withdraw my reservation of objection.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Illinois?
  There was no objection.
  The Clerk read the bill, as follows:

                               H.R. 5292

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SUBMISSION OF NOMINATIONS FOR DEFENSE BASE CLOSURE 
                   AND REALIGNMENT COMMISSION.

       Section 2902(c)(1)(B)(iii) of the Defense Base Closure and 
     Realignment Act of 1990 (part A of title XXIX of Public Law 
     101-510; 10 U.S.C. 2687 note) is amended by striking out 
     ``January 3, 1995'' and inserting in lieu thereof ``January 
     4, 1995''.

  The bill was ordered to be engrossed and read a third time, was read 
the third time, and passed, and a motion to reconsider was laid on the 
table.

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