[Weekly Compilation of Presidential Documents Volume 41, Number 48 (Monday, December 5, 2005)]
[Pages 1799-1800]
[Online from the Government Publishing Office, www.gpo.gov]

<R04>
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

[[Page 1800]]

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 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.