[Weekly Compilation of Presidential Documents Volume 41, Number 31 (Monday, August 8, 2005)]
[Page 1243]
[Online from the Government Publishing Office, www.gpo.gov]
<R04>
Statement on Signing the Department of the Interior, Environment, and
Related Agencies Appropriations Act, 2006
August 2, 2005
Today, I have signed into law H.R. 2361, the ``Department of
Interior, Environment, and Related Agencies Appropriations Act, 2006.''
This bill appropriates funds for FY 2006 for the Department of the
Interior, the Forest Service of the Department of Agriculture, the
Indian Health Service of the Department of Health and Human Services,
the Environmental Protection Agency, and several smaller agencies.
Provisions of the Act that purport to require congressional
committee or individual leaders' approval prior to execution of the law
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 vs. Chadha. These provisions
include language under the headings ``United States Fish and Wildlife
Service, Administrative Provisions,'' ``National Park Service,
Construction,'' ``Departmental Management, Salaries and Expenses,''
``Natural Resources Damage Assessment and Restoration, Administrative
Provisions,'' ``Forest Service, Wildland Fire Management,''
``Administrative Provisions, Forest Service,'' ``Administrative
Provisions, Indian Health Service,'' and ``Administrative Provisions,
Smithsonian Institution,'' as well as sections 130, 405, 421, 422, and
435 of the Act.
Provisions of the Act, such as language under the headings
``National Park Service, Historic Preservation Fund,'' ``Environmental
Protection Agency, State and Tribal Assistance Grants,'' and
``Administrative Provisions, Smithsonian Institution,'' purport to
require execution of the Act in consultation with congressional
committees. The executive branch shall construe this requirement in a
manner consistent with the Constitution's grant to the President of
exclusive authority to faithfully execute the laws and supervise the
unitary executive branch. Further, sections 101 and 102 purport to
require the President to submit supplemental appropriations requests.
The executive branch shall construe these sections in a manner
consistent with the President's constitutional authority to recommend
for congressional consideration such measures, including requests for
appropriations, as he judges necessary and expedient.
Finally, in language under the headings ``State and Tribal
Assistance Grants,'' Environmental Protection Agency,'' and ``Department
of Health and Human Services, Indian Health Services,'' the Act purports
to require that certain funds be spent consistent with the joint
explanatory statement of managers and an instruction in a Senate report.
These documents do not satisfy the constitutional requirements of
bicameral approval and presentment to the President needed to give them
the force of law.
George W. Bush
The White House,
August 2, 2005.
Note: H.R. 2361, approved August 2, was assigned Public Law No. 109-54.
An original was not available for verification of the content of this
statement.