[Weekly Compilation of Presidential Documents Volume 42, Number 24 (Monday, June 19, 2006)]
[Pages 1159-1160]
[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 Hurricane Recovery, 2006
June 15, 2006
Today, I have signed into law H.R. 4939, the ``Emergency
Supplemental Appropriations Act for Defense, the Global War on Terror,
and Hurricane Recovery, 2006.'' The Act provides additional resources
needed to fight the war on terror, help citizens of the Gulf States
recover from devastating hurricanes, and protect Americans from a
potential influenza pandemic.
Sections 1209 and 2202 of the Act prohibit use of certain funds
appropriated in the Act to initiate new start programs unless the
congressional defense committees receive advance written notice. The
Supreme Court of the United States has stated that the President's
authority to classify and control access to information bearing on the
national security flows from the Constitution and does not depend upon a
legislative grant of authority. Although the advance notice contemplated
by sections 1209 and 2202 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 of the Armed Forces while
protecting certain extraordinarily sensitive national security
information. The executive branch shall construe these sections in a
manner consistent with the constitutional authority of the President.
Subsection 1304(a) of the Act amends section 550 of Public Law 109-
102 to purport to require the President to consult with committees of
the Congress prior to exercising authority granted to the President by
section 550. Subsection 1304(b) purports to require the Secretary of
State to consult such committees prior to exercising authority under
that provision. Because the President's constitutional authority to
supervise the unitary executive branch and take care that the laws be
faithfully executed cannot be made by law subject to a requirement to
consult with congressional committees or to involve them in executive
decision-making, the executive branch shall construe the references in
the provisions to consulting to require only notification.
The provision under the heading, ``Joint Explosive Device Defeat
Fund,'' Department of Defense-Military, that calls for the reporting to
congressional committees of information that may include highly
sensitive and classified national security information, will be
construed consistently with the President's constitutional
responsibility to control the dissemination of such information.
The executive branch shall construe the provision in the Act under
the heading ``Disaster Relief,'' Federal Emergency Management Agency,
Department of Homeland Security, that purports to require the Secretary
of Homeland Security to submit a housing proposal and expenditure plan
for congressional committee approval as calling solely for notification,
as any other construction would be inconsistent with the constitutional
principles enunciated by the Supreme Court of the United States in INS
v. Chadha.
Sections 7030 through 7033 of the Act, inclusive, purport to make
changes in or in relation to statements of managers that accompanied
various appropriations bills reported from House-Senate conferences in
the past. Also, a provision in chapter 9 of the Act under the heading
``Emergency Relief Program,'' Federal Highway Administration, Department
of Transportation, purports to give binding effect to a document not
presented to the President. The executive branch shall construe these
provisions in a manner consistent with the bicameral passage and
presentment requirements of the Constitution for the making of a law.
George W. Bush
The White House,
June 15, 2006.
Note: H.R. 4939, approved June 15, was assigned Public Law No. 109-234.
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