    [Public Papers of the Presidents of the United States: George W. Bush (2005, Book II)]
    [November 30, 2005]
    [Pages 1794-1795]
    [From the U.S. Government Publishing Office www.gpo.gov]

    Statement on Signing the Military Quality of Life and Veterans Affairs
    Appropriations Act, 2006
    November 30, 2005

        Today, I have signed into law H.R. 2528, the ``Military Quality of
    Life and Veterans Affairs Appropriations Act, 2006.'' This Act
    appropriates funds for construction to support the operations of the
    United States Armed Forces and for military family housing. The Act also
    provides funds to support the medical care and other needs of our
    Nation's veterans.
        The Constitution requires bicameral passage, and presentment to the
    President, of all congressional actions governing other branches, as the
    Supreme Court of the United States recognized in INS v. Chadha (1983),
    and thus prohibits conditioning executive branch action on the approval
    of congressional committees. Many provisions of the Act conflict with
    this requirement and therefore shall be construed as calling solely for
    notification, including the following: ``Department of Defense Base
    Closure Account 2005,'' ``Department of Veterans Affairs, Information
    Technology Systems,'' ``Department of Veterans Affairs, Construction,
    Major Projects,'' and sections 128, 129, 130, 201, 211, 216, 225, 226,
    227, and 229.
        Several provisions of the Act require notice to the Congress,
    including sections 107, 110, 113, and 118, which require notice of the
    relocation of activities between military installations, initiation of a
    new installation abroad, U.S. military exercises involving $100,000 in
    construction costs, and the initiation of certain types of programs. As
    the Supreme Court of the United States has made clear, 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 to require notice at a
    time and in a manner consistent with the President's constitutional
    authority.
        The Constitution commits to the President the primary responsibility
    for conducting the foreign relations of the United States, including the
    exclusive responsibility for formulating the position of the United
    States in international fora and conducting negotiations with foreign
    nations. Section 118, which purports, through a reporting requirement,
    to direct the power of the Department of Defense to conduct the foreign
    relations of the United States, shall be construed as advisory,
    consistent with the Constitution's grant of such power to the President.
        Section 126 of the Act purports to require Department of Defense
    officials to respond in writing within 21 days to any question or
    inquiry from certain legislative subcommittees. The executive branch
    shall construe this section in a manner consistent with the President's
    constitutional authority to supervise the unitary executive branch and
    to withhold information the disclosure of which could impair foreign
    relations, the

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    national security, the deliberative processes of the Executive, or the
    performance of the Executive's constitutional duties.

                                                              George W. Bush

     The White House,

     November 30, 2005.

    Note: H.R. 2528, approved November 30, was assigned Public Law No. 109-
    114. An original was not available for verification of the content of
    this statement.