    [Public Papers of the Presidents of the United States: George W. Bush (2006, Book I)]
    [January 6, 2006]
    [Pages 21-22]
    [From the U.S. Government Publishing Office www.gpo.gov]

    Statement on Signing the National Defense Authorization Act for Fiscal
    Year 2006
    January 6, 2006

        Today, I have signed into law H.R. 1815, the ``National Defense
    Authorization Act for Fiscal Year 2006.'' The Act authorizes funding for
    the defense of the United States and its interests abroad, for military
    construction, and for national security-related energy programs.
        Several provisions of the Act, including sections 352, 360, 403,
    562, 818, and 2822, call for executive branch officials to submit to the
    Congress proposals for legislation, including budget proposals for
    enactment of appropriations, or purport to regulate or require
    disclosure of the manner in which the President formulates
    recommendations to the Congress for legislation. The executive branch
    shall implement these provisions 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. Also, the
    executive branch shall construe section 1206(d) of the Act, which
    purports to regulate formulation by executive branch officials of
    proposed programs for the President to direct, in a manner consistent
    with the President's constitutional authority to supervise the unitary
    executive branch and to require the opinions of heads of executive
    departments. In addition, the executive branch shall construe section
    1513(d) of the Act, which purports to make consultation with specified
    Members of Congress a precondition to the execution of the law, as
    calling for but not mandating such consultation, as is consistent with
    the Constitution's provisions concerning the separate powers of the
    Congress to legislate and the President to execute the laws.
        A number of provisions of the Act, including sections 905, 932,
    1004, 1212, 1224, 1227, and 1304, call for the executive branch to
    furnish information to the Congress 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.
        Section 1222 of the Act refers to a joint explanatory statement of a
    committee of conference on a bill as if the statement had the force of
    law. The executive branch shall construe the provision in a manner
    consistent with the bicameral passage and presentment requirements of
    the Constitution for the making of a law.
        The provisions in Title XIV in Division A of the Act are identical,
    except for a

    [[Page 22]]

    punctuation change in section 1405(b)(1)(B) and revisions in section
    1406, to the corresponding provisions in Title X of Division A of the
    Department of Defense, Emergency Supplemental Appropriations to Address
    Hurricanes in the Gulf of Mexico, and Pandemic Influenza Act, 2006 (H.R.
    2863 of the 109th Congress) (Public Law 109-148). The statement I issued
    upon signing H.R. 2863 into law on December 30, 2005, is incorporated
    herein by reference insofar as that statement referred to Title X of
    Division A of that Act.

                                                              George W. Bush

     The White House,

     January 6, 2006.

    Note: H.R. 1815, approved January 6, was assigned Public Law No. 109-
    163.