[Weekly Compilation of Presidential Documents Volume 41, Number 19 (Monday, May 16, 2005)]
[Page 790]
[Online from the Government Publishing Office, www.gpo.gov]

<R04>
Statement on Signing the Emergency Supplemental Appropriations Act for 
Defense, the Global War on Terror, and Tsunami Relief Act, 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 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.