[Weekly Compilation of Presidential Documents Volume 39, Number 48 (Monday, December 1, 2003)]
[Pages 1683-1684]
[Online from the Government Publishing Office, www.gpo.gov]

<R04>
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 924 in a 
manner consistent with these

[[Page 1684]]

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.