    [Public Papers of the Presidents of the United States: George W. Bush (2003, Book II)]
    [November 24, 2003]
    [Pages 1607-1608]
    [From the U.S. Government Publishing Office www.gpo.gov]

    Statement on Signing the National Defense Authorization Act for Fiscal
    Year 2004
    November 24, 2003

        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

    [[Page 1608]]

    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.

    Note: H.R. 1588, approved November 24, was assigned Public Law No. 108-
    136.