[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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