For Immediate Release
Office of the Press Secretary
November 24, 2003
President's Statement on National Defense Authorization Act
Today, I have signed into law H.R. 1588, the National Defense
Authorization Act for Fiscal Year 2004. The Act authorizes funding to
defend the United States and its interests abroad and provides
much-needed flexibility to manage effectively the personnel and
taxpayer resources devoted to the national defense.
Section 541(a) of the Act amends section 991 of title 10 of the
United States Code to purport to place limits on the number of days on
which a member of the Armed Forces may be deployed, unless the
Secretary of Defense or a senior civilian or military officer to whom
the Secretary has delegated authority under section 541(a) approves the
continued deployment. Section 1023 purports to place restrictions on
use of the U.S. Armed Forces in certain operations. The executive
branch shall construe the restrictions on deployment and use of the
Armed Forces in sections 541(a) and 1023 as advisory in nature, so that
the provisions are consistent with the President's constitutional
authority as Commander in Chief and to supervise the unitary executive
branch.
Section 903 amends section 153 of title 10 to require the Secretary
of Defense to provide for a report to the Congress by the Chairman of
the Joint Chiefs of Staff of a plan for mitigating risks identified by
the Chairman. The executive branch shall construe this provision in a
manner consistent with the President's constitutional authority to
supervise the unitary executive branch and as Commander in Chief.
Section 924 places restrictions upon the exercise of certain
acquisition authority by the Director of the National Security Agency
(NSA). The reference in section 924(b) to section 2430 of title 10,
United States Code, authorizes the Secretary of Defense to exclude from
the scope of section 924(b) highly sensitive classified programs as
determined by the Secretary of Defense. Moreover, the exercise by the
Under Secretary of Defense for Acquisition, Technology, and Logistics
of authority described in section 924 remains subject to the statutory
authority of the Secretary of Defense to exercise authority, direction,
and control of the Department of Defense under section 113(b) of title
10. The executive branch shall construe and execute section 924 in a
manner consistent with these statutory authorities of the Secretary of
Defense, the authority of the Director of Central Intelligence under
section 103(c)(7) of the National Security Act to protect intelligence
sources and methods from unauthorized disclosure, and the
constitutional authority of the President to supervise the unitary
executive branch and as Commander in Chief.
Section 1442(b)(2)(C) requires executive agency heads to furnish
certain reports to the chairman and ranking minority member of "[e]ach
committee that the head of the executive agency determines has
legislative jurisdiction for the operations of such department or
agency to which the information relates." The executive branch shall,
as a matter of comity and for the very narrow purpose of determining to
whom a department or agency will submit a report under this provision,
determine the legislative jurisdiction of congressional committees.
Section 3622 purports to establish an interparliamentary working
group involving up to 40 Members of Congress and the legislature of the
Russian Federation on nuclear nonproliferation and security.
Consistent with the President's constitutional authority to conduct the
Nation's foreign relations and as Commander in Chief, the executive
branch shall construe section 3622 as authorizing neither
representation of the United States nor disclosure of national security
information protected by law or Executive Order.
Several provisions of the Act, including sections 320(b)(5) and
(e), 335, 528, 647(c)(2), 923(d)(1)(F), and 1051, call for executive
branch officials to submit to the Congress proposals for legislation.
These provisions shall be implemented in a manner consistent with the
President's constitutional authority to supervise the unitary executive
branch and to recommend for the consideration of the Congress such
measures as the President judges necessary and expedient.
A number of provisions of the Act, including sections 111(c), 903,
924, 1202, 1204, 1442(b)(2)(C), 1504(b), and 2808, require the
executive branch to furnish information to the Congress or other
entities on various subjects. The executive branch shall construe such
provisions in a manner consistent with the President's constitutional
authority to withhold information the disclosure of which could impair
foreign relations, national security, the deliberative processes of the
Executive, or the performance of the Executive's constitutional
duties.
GEORGE W. BUSH
THE WHITE HOUSE,
November 24, 2003.
# # #
|