    [Public Papers of the Presidents of the United States: George W. Bush (2003, Book II)]
    [November 22, 2003]
    [Pages 1603-1604]
    [From the U.S. Government Publishing Office www.gpo.gov]

    Statement on Signing the Military Construction Appropriations Act, 2004
    November 22, 2003

        Today, I have signed into law H.R. 2559, the ``Military Construction
    Appropriations Act, 2004.'' The Act appropriates funds for construction
    to support the operations of the U.S. Armed Forces and for military
    family housing.
        Sections 107, 110, and 113 provide for notice to the Congress of
    relocation of activities between military installations, initiation of a
    new installation abroad, or U.S. military exercises involving $100,000
    in construction costs. The Supreme Court of the United States has stated
    that the President's authority to classify and control access to
    information bearing on national security flows from the Constitution and
    does not depend upon a legislative grant of authority. Although notice
    can be provided in most situations as a matter of comity, situations may
    arise, especially in wartime, in which the President must act promptly
    under his constitutional grants of executive power and authority as
    Commander in Chief while protecting sensitive national security
    information. The executive branch shall construe these sections in a
    manner consistent with the constitutional authority of the President.
        Section 119 provides for the Secretary of Defense to submit a report
    to Congress with details of proposed actions to encourage certain
    cooperating nations to assume a greater share of the common defense
    burden. Section 128 of the Act establishes a commission of eight
    congressionally-designated members to study the U.S. military facility
    structure overseas and provides for commission access to information.
    The executive branch shall construe sections 119 and 128 in a manner
    consistent with the President's constitutional authority to withhold
    information the disclosure of which could impair foreign relations, the
    national security, the deliberative processes of the

    [[Page 1604]]

    Executive, or the performance of the Executive's constitutional duties.

                                                              George W. Bush

     The White House,

     November 22, 2003.

    Note: H.R. 2559, approved November 22, was assigned Public Law No. 108-
    132.