[Weekly Compilation of Presidential Documents Volume 40, Number 44 (Monday, November 1, 2004)]
[Pages 2673-2675]
[Online from the Government Publishing Office, www.gpo.gov]

<R04>
Statement on Signing the Ronald W. Reagan National Defense Authorization 
Act for Fiscal Year 2005

October 28, 2004

    Today, I have signed into law H.R. 4200, the ``Ronald W. Reagan 
National Defense Authorization Act for Fiscal Year 2005.'' The Act 
authorizes funding for defense of the United States and its interests 
abroad, for military construction, and for national security-related 
energy programs.
    Section 326 of the Act, amending sections 3551, 3552, and 3553 of 
title 31, United States Code, purports to require an executive branch 
official to file with the Comptroller General a protest of a proposed 
contract for private sector performance of agency functions previously 
performed at higher cost by Federal employees, whenever a majority of 
those Federal employees so requests, unless the official determines, 
free from any administrative review, that no reasonable basis exists for 
the protest. The executive branch shall construe section 326 in a manner 
consistent with the President's constitutional authority to supervise 
the unitary executive branch, including the making of determinations 
under section 326.
    Section 574 of the Act amends sections 3037, 5046, 5148, and 8037 of 
title 10, United States Code, to prohibit Department of Defense 
personnel from interfering with the ability of a military department 
judge advocate general, and the staff judge advocate to the Commandant 
of the Marine Corps, to give independent legal advice to the head of a 
military department or chief of a military service or with the ability 
of judge advocates assigned to military units to give independent legal 
advice to unit commanders. The executive branch shall construe section 
574 in a manner consistent with: (1) the President's constitutional 
authorities to take care that the laws be faithfully executed, to 
supervise the unitary executive branch, and as Commander in Chief; (2) 
the statutory grant to the Secretary of Defense of authority, direction, 
and control over the Department of Defense (10 U.S.C. 113(b)); (3) the 
exercise of statutory authority by the Attorney General (28 U.S.C. 512 
and 513) and the general counsel of the Department of Defense as its 
chief legal officer (10 U.S.C. 140) to render legal opinions that bind 
all civilian and military attorneys within the Department of Defense; 
and (4) the exercise of authority under the statutes (10 U.S.C. 3019, 
5019, and 8019) by which the heads of the military departments may 
prescribe the functions of their respective general counsels.
    The executive branch shall construe section 1021, purporting to 
place restrictions on the use of the U.S. Armed Forces in certain 
operations, and sections 1092 and 1205, relating to captured personnel 
and to contractor support personnel, in a manner consistent with the 
President's constitutional authority as Commander in Chief and to 
supervise the unitary executive branch.
    Section 1203 of the Act creates a Special Inspector General for Iraq 
Reconstruction, under the joint authority of the Secretaries of State 
and Defense, as a successor to the Inspector General of the Coalition 
Provisional Authority under title III of Public Law 108-106. Title III 
as amended by section 1203 shall be construed in a manner consistent 
with the President's constitutional authorities to conduct the Nation's 
foreign affairs, to supervise the unitary executive branch, and as 
Commander in Chief of the Armed Forces. The Special Inspector General 
shall refrain from initiating, carrying out, or completing an audit or 
investigation, or from issuing a subpoena, which requires access to 
sensitive operation plans, intelligence matters, counter-intelligence 
matters, ongoing criminal investigations by administrative units of the 
Department of Defense related to national security, or other matters the 
disclosure of which would constitute a serious threat to national 
security. The Secretary of State and the Secretary of Defense jointly 
may make exceptions to the foregoing direction in the public interest.

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    The executive branch shall construe as advisory section 1207(b)(1) 
of the Act, which purports to direct an executive branch official to use 
the U.S. voice and vote in an international organization to achieve 
specified foreign policy objectives, as any other construction would 
impermissibly interfere with the President's constitutional authorities 
to conduct the Nation's foreign affairs and supervise the unitary 
executive branch. The executive branch also shall construe the phrase 
``generally recognized principles of international law'' in sections 
1402(c) and 1406(b) to refer to customary international law as 
determined by the President for the Nation, as is consistent with the 
President's constitutional authority to conduct the Nation's foreign 
affairs.
    The executive branch shall construe section 3147 of the Act, 
relating to availability of certain funds if the Government decides to 
settle certain lawsuits, in a manner consistent with the Constitution's 
commitment to the President of the executive power and the authority to 
take care that the laws be faithfully executed, including through 
litigation and decisions whether to settle litigation.
    Several provisions of the Act, including sections 315, 343(2) 
amending section 391 of Public Law 105-85, 506(b), 517(c), 571(b), 
574(d)(8), 576(c), 577(c), 643(c) and (e), 651(g)(2), 666(c), 841(c), 
3114(d)(2), and 3142(c) call for executive branch officials to submit to 
the Congress proposals 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 1511(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 112(b)(6), 
213(c), 513(e)(1), 912(d), 1021(f), 1022(b), 1042, 1047, 1202, 1204, 
1207(c) and (d)(2), 1208, 1214, and 3166(a) amending section 3624 in 
Public Law 106-398, call for the executive branch to furnish information 
to the Congress, a legislative agent, 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.
    Section 3161 expands the categories of atomic weapons industry 
employees who may receive direct compensation from the United States for 
their work-related illnesses. As a result, some claimants from the 
private sector who have occupationally caused asbestos-related diseases 
may be able to receive direct Federal compensation under the Energy 
Employees Occupational Illness Compensation Act Program. As a general 
matter, Federal taxpayers should bear no additional burdens arising from 
the tort liabilities of private sector defendants, including contractors 
of the United States. The limited extension of Federal responsibility 
here is unique because it is solely a replacement for no-fault workers' 
compensation payments not otherwise available, in the unique situation 
in which the Federal Government may have encouraged its contractors to 
resist workers' compensation claims brought by atomic weapons industry 
employees with occupational illnesses.
                                                George W. Bush
 The White House,
 October 28, 2004.

Note: At the time of publication, H.R. 4200, approved October 28, had 
not been received by the Office of the Federal Register in time for 
assignment of a Public Law number. This statement was released by the 
Office of the Press Secretary on October 29. An original was not 
available for the verification of the content of this statement.

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