Today, I signed into law a bill that will allow Federal courts to hear a claim by or on behalf of Terri Schiavo for violation of her rights relating to the withholding or withdrawal of food, fluids, or medical treatment necessary to sustain her life. In cases like this one, where there are serious questions and substantial doubts, our society, our laws, and our courts should have a presumption in favor of life. This presumption is especially critical for those like Terri Schiavo who live at the mercy of others. I appreciate the bipartisan action by the Members of Congress to pass this bill. I will continue to stand on the side of those defending life for all Americans, including those with disabilities.

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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.

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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.

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Today, I have signed into law H.R. 6, the "Energy Policy Act of 2005." This legislation promotes dependable, affordable, and environmentally sound production and distribution of energy for America's future.

The executive branch shall construe section 365(e)(2) of the Act, which purports to require disclosure of an internal executive branch recommendation, in a manner consistent with the President's constitutional authority to supervise the unitary executive branch and preserve the confidentiality of its deliberations.

The executive branch shall construe the statement in section 110(d) of the Act, that the Congress reserves the right to revert to previous schedules for daylight savings time, as referring to reversion by enactment of a law in accordance with the bicameral passage and presentment requirements specified in the Constitution.

The executive branch shall construe the amendments to section 211 of the Energy Reorganization Act made by section 629 of the Act, as they relate to dissemination of official information by employees of the Department of Energy and the Nuclear Regulatory Commission, in a manner consistent with the President's constitutional authority to supervise the unitary executive branch.

The executive branch shall construe provisions of the Act that purport to direct the conduct of communications, negotiations, and other relations with foreign governments and international organizations, including sections 643(c)(2), 795(d), 814, 972, and 985 of the Act, and sections 732, 734(a)(2), 736, and 737 of the Global Environmental Protection Assistance Act as contained in section 1611 of the Act, in a manner consistent with the Constitution's commitment to the President of authority to conduct the Nation's foreign relations.

Provisions of the Act, including sections 342(j), 351(h)(3), 704(c), 706(e)(5), 957(a)(2)(C), 1221(b), 1234(c), 1272(2), 1509(b)(2), 1541(c)(6), 1831(c), 1835, and 1836(b)(2), section 543(a)(3) of the National Energy Conservation Policy Act contained in section 102(b), and section 170H(f)(3)(B) of the Atomic Energy Act of 1954 contained in section 651(d)(1), purport to require executive branch officials to submit legislative recommendations to the Congress. The executive branch shall construe such provisions in a manner consistent with the Constitution's commitment to the President of the authority to submit for the consideration of the Congress such measures as the President judges necessary and expedient and to supervise the unitary executive branch.

The executive branch shall construe the reference in section 631(b) of the Act, to awaiting action by the Congress, as providing for the Congress a reasonable period of time to consider the information furnished under section 631, as it is plain from the text and structure of section 631 that the reference is not intended to function as a prohibition.

The executive branch shall construe section 9007 of the Solid Waste Disposal Act, contained in section 1528 of the Act, in a manner consistent with the various legal immunities conferred by the Constitution on members of the legislative, executive, and judicial branches of the Federal Government to protect the effective functioning of the three branches.

The executive branch shall construe provisions of the Act that make legislative classifications based on race, ethnicity, or gender in a manner consistent with the requirement of the Due Process Clause of the Fifth Amendment to afford equal protection of the laws.

GEORGE W. BUSH
THE WHITE HOUSE,
August 8, 2005.

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Today, I have signed into law H.R. 3, the "Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users." The Act is designed to improve the Nation's highway safety, modernize roads, reduce traffic congestion, and create jobs.

Sections 1909, 1141, and 1142 of the Act establish commissions -- solely to provide advice on transportation systems, motor vehicle taxes, and infrastructure financing whose memberships are predominantly or wholly appointed by Members of the Congress. The executive branch shall construe these provisions, including subsections 1909(b), 1141(f), and 1142(g), relating to access by the commissions to agency information, in a manner consistent with the constitutional authority of the President to supervise the unitary executive branch and to withhold information the disclosure of which could impair the deliberative processes of the Executive or the performance of the Executive's constitutional duties. Also, the executive branch shall construe section 1914(a) of the Act, which purports to require execution of that section in consultation with congressional committees, as calling for, but not mandating, such consultation, as is consistent with the constitutional provisions concerning the separate powers of the Congress to legislate and the President to execute the laws.

Provisions of the Act including sections 2003(f)(3)(B), 2016(d), 3011(f), and 3016(c), section 5503(f) of title 49, United States Code, as contained in section 4149 of the Act, and section 111(d)(4)(F) of title 49, as contained in section 5601 of the Act purport to require executive branch officials to submit legislative recommendations to the Congress. The executive branch shall construe such provisions in a manner

consistent with the Constitution's commitment to the President of the authority to submit for the consideration of the Congress such measures as the President judges necessary and expedient and to supervise the unitary executive branch.

The executive branch shall construe the described qualifications and lists of nominees under section 4305(b) as recommendations only, consistent with the provisions of the Appointments Clause of the Constitution.

The executive branch shall construe section 5305(g)(3) of the Act to be a statute to which section 552(b)(3)(A) of title 5, United States Code, refers, as the text and structure of section 5305(g) indicate.

The executive branch shall construe section 326(e) of title 23, United States Code, as contained in section 6004 of the bill, which deems a State agency to be a Federal agency for certain purposes in limited circumstances, in a manner consistent with the President's exclusive constitutional authority to faithfully execute the laws and supervise the unitary executive branch, and with proper regard for the role of the States in our Federal system.

The executive branch shall implement section 39 of title 18, United States Code, as contained in section 4143 of the Act, and section 5121 of title 49, as contained in section 7018 of the Act, which relate to warrantless searches and seizures of vehicles, drivers, cargo, property, packages, and records, in a manner consistent with the Fourth Amendment to the Constitution.

Section 1603 of the Act refers to legislative reports accompanying prior public laws as if they had binding legal effect. Such reports do not satisfy the constitutional requirements of bicameral approval and presentment to the President needed to give them the force of law.

The executive branch shall construe provisions of the Act that make legislative classifications based on race, ethnicity, or gender in a manner consistent with the requirement of the Due Process Clause of the Fifth Amendment to afford equal protection of the laws.

GEORGE W. BUSH
THE WHITE HOUSE,
August 10, 2005.

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Today, I have signed into law H.R. 2360, the "Department of Homeland Security Appropriations Act, 2006." The Act provides funds to protect the United States against terrorism, assist those adversely affected by natural disasters such as hurricanes, and carry out other departmental functions such as securing our Nation's borders and enforcing our immigration laws.

The executive branch shall construe as calling solely for notification the provisions of the Act that purport to require congressional committee approval for the execution of a law. Any other construction would be inconsistent with the principles enunciated by the Supreme Court of the United States in INS v. Chadha. These provisions include: "United States Visitor and Immigrant Status Indicator Technology;" "Automation Modernization, Customs and Border Protection;" "Air and Marine Interdiction, Operations, Maintenance, and Procurement, Customs and Border Protection;" "Automation Modernization, Immigration and Customs Enforcement;" "Salaries and Expenses, United States Secret Service;" "Research, Development, Acquisition, and Operations, Science and Technology for the Domestic Nuclear Detection Office;" and sections 504, 505, 509, 511, 526, and 538.

Under the heading "Customs and Border Protection," the Act purports to require the Bureau of Customs and Border Protection to relocate its tactical checkpoints in the Tucson, Arizona, sector at least once every 7 days. Decisions on deployment and redeployment of law enforcement officers in the execution of the laws are a part of the executive power vested in the President by Article II of the Constitution. Accordingly, the executive branch shall construe the relocation provision as advisory rather than mandatory.

Section 516 of the Act purports to direct the conduct of security and suitability investigations. To the extent that section 516 relates to access to classified national security information, the executive branch shall construe this provision in a manner consistent with the President's exclusive constitutional authority, as head of the unitary executive branch and as Commander in Chief, to classify and control access to national security information and to determine whether an individual is suitable to occupy a position in the executive branch with access to such information.

To the extent that section 518 of the Act purports to allow an agent of the legislative branch to prevent implementation of the law unless the legislative agent reports to the Congress that the executive branch has met certain conditions, the executive branch shall construe such section as advisory, in accordance with the constitutio