    [Public Papers of the Presidents of the United States: George W. Bush (2006, Book II)]
    [October 4, 2006]
    [Pages 1774-1776]
    [From the U.S. Government Publishing Office www.gpo.gov]

    Statement on Signing the Department of Homeland Security Appropriations
    Act, 2007
    October 4, 2006

        Today, I have signed into law H.R. 5441, the ``Department of
    Homeland Security Appropriations Act, 2007'' (the ``Act''). The Act
    appropriates the funds needed to protect the United States against
    terrorism, secure the Nation's borders, assist States and localities in
    dealing with natural disasters, and perform the other important
    functions of the Department of Homeland Security. The Act also
    strengthens the capabilities of the Federal Emergency Management Agency
    to prepare for and respond to emergencies requiring action by the
    Federal Government.
        The executive branch shall construe as calling solely for
    notification the provisions of the Act that purport to require
    congressional committee approval for the execution of a law. Any other
    construction would be inconsistent with the principles enunciated by the
    Supreme Court of the United States in INS v. Chadha. These provisions
    include those under the headings ``United States Visitor and Immigrant
    Status Indicator Technology;'' ``Automation Modernization, Customs and
    Border Protection;'' ``Border Security Fencing, Infrastructure, and
    Technology, Customs and Border Protection;'' ``Air and Marine
    Interdiction, Operations, Maintenance, and Procurement, Customs and
    Border Protection;'' ``Automation Modernization, Immigration and Customs
    Enforcement;'' ``Protection, Administration, and Training, United States
    Secret Service;'' ``Preparedness, Management and Administration;''
    ``United States Citizenship and Immigration Services;'' ``Management
    Administration, Science and Technology;'' ``Research, Development,
    Acquisition, and Operations, Science and Technology;'' and sections 504,
    505, 509, 511, and 552.
        Section 513 of the Act purports to direct the conduct of security
    and suitability investigations. To the extent that section 513 relates
    to access to classified national security information, the executive
    branch shall construe this provision in a manner consistent with the
    President's exclusive constitutional authority, as head of the unitary
    executive branch and as Commander in Chief, to classify and control
    access to national security information and to determine whether an
    individual is suitable to occupy a position in the executive branch with
    access to such information.
        To the extent that section 514 of the Act purports to allow an agent
    of the legislative branch to prevent implementation of the law unless
    the legislative agent reports to the Congress that the executive branch
    has met certain conditions, the executive

    [[Page 1775]]

    branch shall construe such section as advisory, in accordance with the
    constitutional principles enumerated in the Chadha decision.
        The executive branch shall construe section 522 of the Act, relating
    to privacy officer reports, in a manner consistent with the President's
    constitutional authority to supervise the unitary executive branch.
        To the extent that provisions of the Act, such as section 558,
    purport to direct or burden the conduct of negotiations by the executive
    branch with foreign governments or other entities abroad, the executive
    branch shall construe them as advisory. Such provisions, if construed as
    mandatory rather than advisory, would impermissibly interfere with the
    President's constitutional authorities to conduct the Nation's foreign
    affairs, participate in international negotiations, and supervise the
    unitary executive branch.
        Provisions of the Act, including under the heading ``Office of the
    Secretary and Executive Management'' and sections 521, 539, 540, and
    559, refer to joint explanatory statements of managers accompanying
    conference reports on specified acts. Such statements do not satisfy the
    constitutional requirements of bicameral approval and presentment to the
    President needed to give them the force of law.
        Section 503(c) of the Homeland Security Act of 2002, as amended by
    section 611 of the Act, provides for the appointment and certain duties
    of the Administrator of the Federal Emergency Management Agency. Section
    503(c)(2) vests in the President authority to appoint the Administrator,
    by and with the advice and consent of the Senate, but purports to limit
    the qualifications of the pool of persons from whom the President may
    select the appointee in a manner that rules out a large portion of those
    persons best qualified by experience and knowledge to fill the office.
    The executive branch shall construe section 503(c)(2) in a manner
    consistent with the Appointments Clause of the Constitution. Also,
    section 503(c)(4) purports to regulate the provision of advice within
    the executive branch and to limit supervision of an executive branch
    official in the provision of advice to the Congress. The executive
    branch shall construe section 503(c)(4) in a manner consistent with the
    constitutional authority of the President to require the opinions of
    heads of departments and to supervise the unitary executive branch.
    Accordingly, the affected department and agency shall ensure that any
    reports or recommendations submitted to the Congress are subjected to
    appropriate executive branch review and approval before submission.
        Section 507(f)(6) of the Homeland Security Act of 2002, as amended
    by section 611 of the Act, and sections 689i(a)(4)(B)(iv) and
    689j(b)(2)(E) of the Act, purport to require in certain circumstances
    that an executive branch official submit legislation for the
    consideration of the Congress. The executive branch shall construe such
    provisions in a manner consistent with the President's constitutional
    authority to supervise the unitary executive branch and to recommend for
    congressional consideration such measures as the President shall judge
    necessary and expedient.
        Several provisions of the Act purport to direct the President to
    perform the President's duties ``acting through'' a particular officer.
    These provisions include section 303(b) of the Robert T. Stafford
    Disaster Relief and Emergency Assistance Act, as amended by section 633
    of the Act, section 1802 of the Homeland Security Act of 2002, as
    amended by section 671 of the Act, and sections 643, 644, 689i, and 689j
    of the Act. The executive branch shall construe such provisions in a
    manner consistent with the constitutional authority of the President to
    supervise the unitary executive branch.
        The executive branch shall construe provisions of the Act relating
    to race, ethnicity, and gender, such as sections 623 and 697 of the Act,
    in a manner consistent with the requirement of the Due Process Clause

    [[Page 1776]]

    of the Fifth Amendment to the Constitution to afford equal protection of
    the laws.
        Section 1802(a) of the Homeland Security Act of 2002, as amended by
    section 671 of the Act, calls for the Secretary of Homeland Security
    ``in cooperation with the Department of National Communications System
    (as appropriate)'' and others to develop and update a National Emergency
    Communications Plan. An examination of the text and structure of the Act
    reveals that the term ``Department of National Communications System''
    in section 1802(a) is most reasonably construed as a reference to the
    National Communications System in the Preparedness Directorate of the
    Department of Homeland Security, to which section 611 of the Act refers
    in amending section 505 of the Homeland Security Act of 2002, and the
    executive branch shall so construe it.

                                                              George W. Bush

     The White House,

     October 4, 2006.

    Note: H.R. 5441, approved October 4, was assigned Public Law No. 109-
    295.