Statement on signing the District of Columbia Appropriations Act, 2005

Weekly Compilation of Presidential Documents, Oct 25, 2004 by George W. Bush

October 18, 2004

Today, I have signed into law H.R. 4850, the "District of Columbia Appropriations Act, 2005." The bill appropriates funds for the Government of the District of Columbia and other activities chargeable against the revenues of the District.

The provision of the Act relating to the Federal payment to the office of the District's Chief Financial Officer makes funds available for the projects and in the amounts specified in the statement of managers accompanying the conference report on the Act. While the specifications of projects and amounts in the statement of managers cannot satisfy the constitutional requirements of bicameral approval and presentment to the President needed to give them the force of law, the executive branch shall treat the specifications in a manner reflecting the comity between the executive and legislative branches on such matters.

Section 309 of the Act purports to require the use of particular revenue estimates in the budget request for fiscal year 2006. The executive branch shall construe section 309 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.

Section 331(5) of the Act purports to require congressional committee approval prior to obligation or expenditure of appropriated funds. The executive branch shall construe this provision to require only prior notification to the 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.

George W. Bush

The White House, October 18, 2004.

NOTE: H.R. 4850, approved October 18, was assigned Public Law No. 108-335.