[Public Papers of the Presidents of the United States: George H. W. Bush (1992-1993, Book II)]
[August 26, 1992]
[Pages 1432-1433]
[From the U.S. Government Publishing Office www.gpo.gov]



Statement on Signing Legislation Extending Terms of Members of the 
United States Sentencing Commission
August 26, 1992

    Today I am signing into law S. 1963, which permits Members of the 
United States Sentencing Commission whose terms have expired to continue 
to serve until either a successor takes office or the next session of 
the Congress ends.
    The legislation does not specify whether it would apply to the 
current Members of the Commission. Were the Act read to apply to the 
current Members, it would appear to violate the Appointments Clause of 
the Constitution by, in effect, permitting the Members to extend the 
terms of the office to which they were appointed by the President and 
confirmed by the Senate. Accordingly, I sign this legislation based on 
my understanding that it applies only to appointments made after the 
date of enactment of the Act, so as not to infringe on my constitutional 
appointment authority. This is in keeping with the well-settled 
obligation to construe ambiguous statutory provisions to avoid 
constitutional questions.
    I note that this interpretation of the Act is supported by the fact 
that the Senate deleted from the Act a provision that would have 
expressly applied it to current Members of the Commission.

                                                             George Bush

[[Page 1433]]

The White House,
August 26, 1992.

                    Note: S. 1963, approved August 26, was assigned 
                        Public Law No. 102-349.