    [Weekly Compilation of Presidential Documents Volume 40, Number 52 (Monday, December 27, 2004)]
    [Pages 2993-2994]
    [Online from the Government Publishing Office, www.gpo.gov]

    <R04>
    Statement on Signing the Intelligence Reform and Terrorism Prevention
    Act of 2004

    December 17, 2004

        Today, I have signed into law S. 2845, the ``Intelligence Reform and
    Terrorism Prevention Act of 2004'' (the ``Act''). The Act strengthens
    the intelligence and counterterrorism capabilities of the United States,
    including by appropriate implementation of the recommendations in the
    Report of the National Commission on Terrorist Attacks Upon the United
    States, often called the
    9/11 Commission.
        Many provisions of the Act deal with the conduct of United States
    intelligence activities and the defense of the Nation, which are two of
    the most important functions of the Presidency. The executive branch
    shall construe the Act, including amendments made by the Act, in a
    manner consistent with the constitutional authority of the President to
    conduct the Nation's foreign relations, as Commander in Chief of the
    Armed Forces, and to supervise the unitary executive branch, which
    encompass the authority to conduct intelligence operations.
        The executive branch shall construe provisions in the Act that
    mandate submission of information to the Congress, entities within or
    outside the executive branch, or the public, in a manner consistent with
    the President's constitutional authority to supervise the unitary
    executive branch and to withhold information that could impair foreign
    relations, national security, the deliberative processes of the
    Executive, or the performance of the Executive's constitutional duties.
    Such provisions include sections 1022, 1061, 3001(f)(4), 5201, 5403(e),
    and 8403, and sections 101A(f) and 102A(c)(7) of the National Security
    Act of 1947 as amended by sections 1011 and 1031, section 703(b), 704,
    and 706(f) of the Public Interest Declassification Act of 2000 as
    amended by section 1102, section 601 of the Foreign Intelligence
    Surveillance Act of 1978 as amended by section 6002, section 207 of the
    Afghan Freedom Support Act of 2002 as amended by section 7104, section
    112(b) of title 1, United States Code, as amended by section 7120, and
    section 878 of the Homeland Security Act as amended by section 7407.

        To the extent that provisions of the Act purport to require or
    regulate submission by executive branch officials of legislative
    recommendations to the Congress, the executive branch shall construe
    such provisions in a manner consistent with the President's
    constitutional authority to supervise the unitary executive branch and
    to submit for congressional consideration such measures as the President
    judges necessary and expedient. Such provisions include sections 1094,
    1095, 4012(b), 4019, 5201, 6303, 6403, 7119, 7208, 7213, 7502, 7802,
    7803, and 8403(c), section 119B(g) of the National Security Act of 1947
    as amended by section 1023, and section 44925 of title 49, United States
    Code, as amended by section 4013. To the extent that provisions of the
    Act, including section 3001(g) and section 102A(e) of the National
    Security Act of 1947 as amended by section 1011, purport to require
    consultation with the Congress as a condition to execution of the law,
    the executive branch shall construe such provision as calling for, but
    not mandating, such consultation.

        Several provisions of the Act, including Title III and section 7601,
    purport to regulate access to classified national security information.
    The Supreme Court of the United States has stated that the President's
    authority to classify and control access to information bearing on
    national security flows from the Constitution and does not depend upon a
    legislative grant of authority. The executive branch shall construe such
    provisions in a manner consistent with the Constitution's

    [[Page 2994]]

    commitment to the President of the executive power, the power to conduct
    the Nation's foreign affairs, and the authority as Commander in Chief.
        The executive branch shall construe as advisory provisions of the
    Act that purport to regulate the means by which the President obtains
    recommendations or information from subordinates in the executive
    branch, as is consistent with the constitutional commitment to the
    President of authority to supervise the unitary executive branch and to
    require the opinions of principal officers of executive departments.
    Such provisions include sections 103A(a), 103B(d), 106, 119(h), and 101A
    of the National Security Act of 1947, as amended by sections 1011, 1014,
    1021, and 1031 of the Act.
        The executive branch shall construe as advisory provisions of the
    Act that purport to require the conduct of negotiations with a foreign
    government or otherwise direct or burden the President's conduct of
    foreign relations, including sections 4026, 4072(c)(2), 5301 to the
    extent it involves foreign diplomats and other foreign officials, 7116,
    7204, 7210, 7217, 7303(c), and 7703, and sections 104(d) and 206(d)(1)
    of the Afghanistan Freedom Support Act as amended by section 7104.
    Further, the executive branch shall construe section 6(j)(5) of the
    Export Administration Act of 1979 as amended by section 7102(c) of the
    Act, to identify a non-exclusive factor for the Secretary of State to
    consider in his discretion in making determinations under subsection
    6(j), as is consistent with the use of the non-exclusive term
    ``include'' in the provision and the congressional decision reflected in
    the text of the statute to afford the President substantial latitude in
    implementation of the provision.
        The executive branch shall construe provisions of the Act that
    relate to race, ethnicity, or gender in a manner consistent with the
    requirement that the Federal Government afford equal protection of the
    laws under the Due Process Clause of the Fifth Amendment to the
    Constitution.
                                                    George W. Bush
     The White House,
     December 17, 2004.

    Note: S. 2845, approved December 17, was assigned Public Law No. 108-
    458. An original was not available for verification of the content of
    this statement. This item was not received in time for publication in
    the appropriate issue.