[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.