    [Public Papers of the Presidents of the United States: George W. Bush (2006, Book II)]
    [October 17, 2006]
    [Pages 1863-1864]
    [From the U.S. Government Publishing Office www.gpo.gov]

    Statement on Signing the John Warner National
    Defense Authorization Act for Fiscal Year 2007
    October 17, 2006

        Today, I have signed into law H.R. 5122, the ``John Warner National
    Defense Authorization Act for Fiscal Year 2007'' (the ``Act''). The Act
    authorizes funding for the defense of the United States and its
    interests abroad, for military construction, for national security-
    related energy programs, and for maritime security-related
    transportation programs.
        Several provisions of the Act call for executive branch officials to
    submit to the Congress recommendations for legislation, or purport to
    regulate the manner in which the President formulates recommendations to
    the Congress for legislation. These provisions include sections 516(h),
    575(g), 603(b), 705(d), 719(b), 721(e), 741(e), 813, 1008, 1016(d),
    1035(b)(3), 1047(b), and 1102 of the Act, section 118(b)(4) of title 10,
    United States Code, as amended by section 1031 of the Act, section 2773b
    of title 10 as amended by section 1053 of the Act, and section 403 of
    the Ronald W. Reagan National Defense Authorization Act for Fiscal Year
    2005 (Public Law 108-375) as amended by section 403 of the Act. The
    executive branch shall construe 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 deems necessary and expedient.
        The executive branch shall construe sections 914 and 1512 of the
    Act, which purport 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 in the Act call for the executive branch to
    furnish information to the Congress or other entities on various
    subjects. These provisions include sections 219, 313, 360, 1211, 1212,
    1213, 1227, 1402, and 3116 of the Act, section 427 of title 10, United
    States Code, as amended by section 932 of the Act, and section 1093 of
    the Ronald W. Reagan National Defense Authorization Act for Fiscal Year
    2005 (Public Law 108-375) as amended by section 1061 of the Act. 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, the national
    security, the deliberative processes of the Executive, or the
    performance of the Executive's constitutional duties.
        The executive branch shall construe as advisory section 1011(b)(2)
    of the Act, which purports to prohibit the Secretary of the Navy from
    retiring a specified warship from operational status unless, among other
    things, a treaty organization established by the U.S. and foreign
    nations gives formal notice that it does not desire to maintain and
    operate that warship. If construed as mandatory rather than advisory,
    the provision would impermissibly interfere with the President's
    constitutional authority to conduct the Nation's foreign affairs and as
    Commander in Chief.

    [[Page 1864]]

        The executive branch shall construe section 1211, which purports to
    require the executive branch to undertake certain consultations with
    foreign governments and follow certain steps in formulating and
    executing U.S. foreign policy, in a manner consistent with the
    President's constitutional authorities to conduct the Nation's foreign
    affairs and to supervise the unitary executive branch.
        As is consistent with the principle of statutory construction of
    giving effect to each of two statutes addressing the same subject
    whenever they can co-exist, the executive branch shall construe section
    130d of title 10, as amended by section 1405 of the Act, which provides
    further protection against disclosure of certain homeland security
    information in certain circumstances, as in addition to, and not in
    derogation of, the broader protection against disclosure of information
    afforded by section 892 of the Homeland Security Act of 2002 and other
    law protecting broadly against disclosure of such information.

                                                              George W. Bush

     The White House,

     October 17, 2006.

    Note: H.R. 5122, approved October 17, was assigned Public Law No. 109-
    364.