    [Public Papers of the Presidents of the United States: George W. Bush (2005, Book I)]
    [May 11, 2005]
    [Pages 784-785]
    [From the U.S. Government Publishing Office www.gpo.gov]

    Statement on Signing the Emergency Supplemental Appropriations Act for
    Defense, the Global War on Terror, and Tsunami Relief, 2005
    May 11, 2005

        Today, I have signed into law H.R. 1268, the ``Emergency
    Supplemental Appropriations Act for Defense, the Global War on Terror,
    and Tsunami Relief, 2005'' (the ``Act''). The Act provides funds for
    ongoing military and intelligence operations in Iraq

    [[Page 785]]

    and Afghanistan and selected other international activities, including
    tsunami relief and reconstruction. The Act supports new benefits for
    service members who have suffered traumatic injury and for survivors of
    fallen service members. The Act also provides additional border
    enforcement resources, which will strengthen the Nation's ability to
    prevent foreign terrorists from operating in the United States.
        The executive branch shall construe subsection 1025(d) of the Act,
    which purports to determine the command relationships among certain
    elements of the U.S. Navy forces, as advisory, as any other construction
    would conflict with the President's constitutional authority as
    Commander in Chief.
        Provisions of the Act, such as sections 2104 and 6024, purport to
    require congressional committee approval prior to certain obligations or
    expenditures of funds appropriated by the Act. The executive branch
    shall construe such provisions to require only prior notification to
    congressional committees, as any other construction would be contrary to
    the constitutional principles set forth by the Supreme Court of the
    United States in 1983 in INS v. Chadha.
        Section 6025 purports to regulate the content of the President's
    annual budget submission, which is a proposal for enactment of
    legislation to appropriate funds. In addition, section 301 calls for
    submission of legislative recommendations by an executive branch
    official to the Congress. The executive branch shall construe these and
    any other similar provisions in a manner consistent with the
    Constitution's commitment to the President of exclusive authority to
    supervise the unitary executive branch and to recommend for the
    consideration of the Congress such measures as the President shall judge
    necessary and expedient.
        Several provisions of the Act, including sections 6041, 6042, 6043,
    6052, 6053, 6069, 6070, 6071, and 6072 make specified changes in
    statements of managers of the House-Senate conference committees that
    accompanied various bills reported from conference that ultimately
    became laws. As with other committee materials, statements of managers
    accompanying a conference report do not have the force of law.
    Accordingly, although changes to these statements are directed by the
    terms of the Act, the statements themselves are not legally binding.

                                                              George W. Bush

     The White House,

     May 11, 2005.

    Note: H.R. 1268, approved May 11, was assigned Public Law No. 109-13.