For Immediate Release
Office of the Press Secretary
November 30, 2005

President's Statement on H.R. 3058, the "Transportation,Treasury, and Housing and Urban Development, the Judiciary, the District of Columbia, and Independent Agencies Appropriations Act, 2006"

Today, I have signed into law H.R. 3058, the "Transportation, Treasury, and Housing and Urban Development, the Judiciary, the District of Columbia, and Independent Agencies Appropriations Act, 2006." This Act appropriates funds for fiscal year 2006 to these departments and agencies, and for other purposes.

The executive branch shall construe as calling solely for notification those provisions of the Act that are inconsistent with the requirements of bicameral passage and presentment set forth in the Constitution, as construed by the Supreme Court of the United States in 1983 in INS v. Chadha. Such provisions include: sections 183, 201, 205, 211, 212, 217, 218, 603, 608, 710, 711, 720, 838, and 841, and provisions under the headings "Department of Transportation, Office of the Secretary, Salaries and Expenses," "Department of Transportation, Office of the Secretary, Working Capital Fund," "Federal Transit Administration, Administrative Expenses," "Department of the Treasury, Departmental Offices, Salaries and Expenses," "Internal Revenue Service, Business Systems Modernization," "High Intensity Drug Trafficking Area Program," "General Services Administration, Federal Buildings Fund," and "National Archive and Records Administration, Electronic Records Archives."

The executive branch shall construe the provisions of the Act in a manner consistent with the President's authority to supervise the unitary executive branch and take care that the laws be faithfully executed, including the authority to direct which officers in the executive branch shall assist the President in faithfully executing the law. Specific provisions that raise this concern include language under the heading "Office of Management and Budget, Salaries and Expenses" relating to the review of executive branch orders, activities, regulations, transcripts, and testimony, and relating to the review of certain matters in reports to be submitted to the Congress through the Secretary of the Army.

The executive branch shall construe provisions in the Act that purport to mandate or regulate submission of information to the Congress, other entities outside the executive branch, or the public in a manner consistent with the President's constitutional authority to withhold information that could impair foreign relations, national security, the deliberative processes of the Executive, or the performance of the Executive's constitutional duties. Such provisions include sections 120, 182, 818, 820, and language under the heading "Operating Subsidy Grants to the National Passenger Railroad Corporation."

Certain provisions in the Act purport to allocate funds for specified purposes as set forth in the joint explanatory statement of managers that accompanied the Act; to make changes in statements of managers that accompanied various appropriations bills reported from conferences in the past; or to direct compliance with a committee report. 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. Such provisions include section 710 and language under the headings "Community Planning and Development, Community Development Fund," "Department of Housing and Urban Development, Management and Administration, Salaries and Expenses," and "Office of Management and Budget, Salaries and Expenses."

The executive branch shall construe provisions that purport to require or regulate the submission of legislative proposals to the Congress by executive branch officials consistently with the President's constitutional authority to recommend to the Congress such measures as he judges necessary and expedient and authority to supervise the unitary executive branch. Such provisions include sections 182, 208, 219, 315, and 818.

Section 809 seeks to prohibit the expenditure of funds for the salaries of "any person for the filling of any position for which he or she has been nominated after the Senate has voted not to approve the nomination of said person." The executive branch shall construe this provision in a manner consistent with the President's constitutional authority to make recess appointments.

The executive branch shall construe section 836, relating to assignment of executive branch employees to perform functions in the legislative branch, in a manner consistent with the President's constitutional authority to supervise the unitary executive branch and as Commander in Chief, and recognizing that the President cannot be compelled to give up the authority of his office as a condition of receiving the funds necessary to carrying out the duties of his office.

Certain provisions of the Act relate to race, ethnicity, or gender. The executive branch shall construe such provisions in a manner consistent with the requirement that the Federal Government afford equal protection of the laws under the Due Process Clause of the Fifth Amendment to the Constitution.

GEORGE W. BUSH

THE WHITE HOUSE,

November 30, 2005.

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