    [Public Papers of the Presidents of the United States: George W. Bush (2004, Book II)]
    [August 5, 2004]
    [Pages 1494-1496]
    [From the U.S. Government Publishing Office www.gpo.gov]

    Statement on Signing the Department of Defense Appropriations Act, 2005
    August 5, 2004

        Today I have signed into law H.R. 4613, the ``Department of Defense
    Appropriations Act, 2005.'' The bill provides funds to pursue the war on
    terror, advance other United States interests around the globe, and
    support our Armed Forces.
        Sections 8007, 8011, and 8106 of the Act prohibit the use of funds
    to initiate a special access program, a new overseas installation, or a
    new start program, unless the congressional defense committees receive
    advance notice. The Supreme Court of the United States has stated that
    the President's authority to classify and control access to information
    bearing on the national security flows from the Constitution and does
    not depend upon a legislative grant of authority. Although the advance
    notice contemplated by sections 8007, 8011, and 8106 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

    [[Page 1495]]

    authority as Commander in Chief of the Armed Forces while protecting
    certain extraordinarily sensitive national security information. The
    executive branch shall construe sections 8007, 8011, and 8106 in a
    manner consistent with the constitutional authority of the President.
        Section 8064 of the Act provides that, notwithstanding any other
    provision of law, no funds available to the Department of Defense for FY
    2005 may be used to transfer defense articles or services, other than
    intelligence services, to another nation or an international
    organization for international peacekeeping, peace enforcement, or
    humanitarian assistance operations, until 15 days after the executive
    branch notifies 6 committees of the Congress of the planned transfer. To
    the extent that protection of the U.S. Armed Forces deployed for
    international peacekeeping, peace enforcement, or humanitarian
    assistance operations might require action of a kind covered by section
    8064 sooner than 15 days after notification, the executive branch shall
    construe section 8064 in a manner consistent with the President's
    constitutional authority as Commander in Chief.
        A proviso in the Act's appropriation for ``Operation and
    Maintenance, Defense-Wide'' purports to prohibit planning for
    consolidation of certain offices within the Department of Defense. Also,
    sections 8010(b), 8036, 8041(b), 8110, and 8116 purport to specify the
    content of a portion of a future budget request to the Congress for the
    Department. The executive branch shall construe these provisions
    relating to planning and making of budget recommendations in a manner
    consistent with the President's constitutional authority to require the
    opinions of the heads of departments and to recommend for congressional
    consideration such measures as the President shall judge necessary and
    expedient.
        Section 8005 of the Act relating to requests to congressional
    committees for reprogramming of funds shall be construed as calling
    solely for notification, as any other construction would be inconsistent
    with the principles enunciated by the Supreme Court of the United States
    in INS v. Chadha.
        A proviso within the appropriation for ``Operation and Maintenance,
    Air Force'' earmarks funds for a grant to a college for the purpose of
    funding minority aviation training, a proviso within the appropriation
    for ``Operation and Maintenance, Defense-Wide'' earmarks funds for a
    program for Asian American/Pacific Islander students, and sections 8014
    and 8021 of the Act grant contracting-related exceptions or preferences
    to Native Hawaiian organizations. The executive branch shall implement
    the provisos and sections 8014 and 8021 in a manner consistent with the
    requirement to afford equal protection of the laws under the Due Process
    Clause of the Fifth Amendment to the Constitution.
        The executive branch shall construe section 8101 of the Act, which
    purports to prohibit alteration of command responsibility or permanent
    assignment of forces until 270 days after submission of a plan for such
    alteration to the congressional defense committees, as advisory, as any
    other construction would be inconsistent with the constitutional grant
    to the President of the authority of Commander in Chief. Also, the
    executive branch shall construe section 8124, relating to integration of
    foreign intelligence information, in a manner consistent with the
    President's constitutional authority as Commander in Chief, including
    for the conduct of intelligence operations, and to supervise the unitary
    executive branch. Finally, the Executive Branch shall construe section
    12001, which purports to assign the Secretary of Defense the duty to
    negotiate with a foreign country, in a manner consistent with the
    President's constitutional authority to conduct the Nation's foreign
    affairs, which includes the authority to determine who shall negotiate
    for the

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    United States under the President's direction with a foreign country.

                                                              George W. Bush

     The White House,

     August 5, 2004.

    Note: H.R. 4613, approved August 5, was assigned Public Law 108-287.