Statement on Signing Legislation To Provide for the Transfer of the Nebraska Avenue Naval Complex

Today I have signed into law H.R. 4322, "An Act to provide for the transfer of the Nebraska Avenue Naval Complex in the District of Columbia to facilitate the establishment of the headquarters for the Department of Homeland Security, to provide for the acquisition by the Department of the Navy of suitable replacement facilities, and for other purposes." This legislation will allow the Department of Homeland Security (DHS) to consolidate headquarters staff at the Complex for the foreseeable future.

The executive branch shall construe section 1(g)(3) of the Act, which purports to make consultation with specified Members of Congress a precondition to execution of the law, as calling for, but not mandating, such consultation. Construing the provision as a mandate to consult would be inconsistent with constitutional provisions concerning the separate powers of the Congress to legislate and the President to execute the laws.

GEORGE W. BUSH

The White House, July 2, 2004.