Statement of Administration Policy: H.R. 3012 - Military Construction Appropriations Bill, FY 1990

(House)
(Whitten (D/MS) and Hefner (D/NC))

The Administration generally supports the Military Construction Appropriations Bill as reported, but there is one provision that, if included, would cause the Administration to oppose the bill.

The Secretary of Defense, the Attorney General and Director of OMB would recommend to the President that he veto this bill because of a provision that would prohibit proceeding with any base closure or realignment currently under study by the General Accounting Office (GAO) unless the GAO determines that the total savings over a six year period exceed the total cost of closure or realignment. This provision would seriously undermine a major initiative supported by both the Administration and Congress to close unneeded military bases. It could prevent or seriously delay the closure or realignment of several installations now under study by GAO. This amendment also infringes on the constitutional separation of powers because it would make Executive Branch action legally dependent on decisions by the Comptroller General. This provision is unconstitutional and directly contrary to the Supreme Court's decision in Bowsher vs Synar, which held that the Comptroller General is an officer of the legislative branch and can not perform executive functions.

The Administration would also object to any provision that prohibits the closure or realignment of any of the bases that were part of the recommendations from the Commission on Base Realignment and Closure.

The bill also adds almost $500 million for unrequested projects and cuts 70 overseas construction projects totaling $354 million. The Administration urges the House to restore funding for the requested overseas programs.