Energy and Water Development and Related Agencies Appropriations Act, 2012
Floor Speech
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Mr. LANDRY. Mr. Chairman, my amendment is simple. It prevents the misuse of recess appointments while preserving the Founders' intent by allowing the President to quickly make emergency recess appointments if the need arises.
I know this may surprise many Members, but current law actually prohibits the salaries of recess appointees, which was a law passed in 1863 that stayed on the books until 1940. It prohibited those who received recess appointments from being paid. Then some exceptions were made, and those exceptions basically took the intent of the law out. So these exceptions, these loopholes, are so broad that they make the prohibition against recess appointments useless, but the administration can always find a way to make these recess appointments.
I reserve the balance of my time.
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Mr. LANDRY. I don't argue the legality of the President's recess appointments.
I am doing what many Congresses have done prior, all the way since 1860, when they realized that this was a problem when Presidents and administrations tried to bypass the will of the people. I am using the power of this House, which is the power of the purse, to make sure that, when the President makes recess appointments--look, this isn't the 1800s anymore. Congress is not out for months and months at a time. If the President needs to make an appointment in an emergency, he certainly has the time, and he will be able to take that recess appointment and put it before the Senate. I am simply saying, until that recess appointee is confirmed by the Senate, he or she shall not receive any pay.
My friends across the aisle have spent most of the past month talking about closing loopholes, so I hope they will join me in protecting the taxpayers by closing the loophole in the law that currently exists. Let's bring the law back to the intent of it, which is to prohibit recess appointees from receiving salaries until the appointees are confirmed. I urge my colleagues to vote for this amendment.
I yield back the balance of my time.
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