    [Weekly Compilation of Presidential Documents Volume 40, Number 52 (Monday, December 27, 2004)]
    [Pages 3012-3013]
    [Online from the Government Publishing Office, www.gpo.gov]

    <R04>
    Statement on Signing the Intelligence Authorization Act for Fiscal Year
    2005

    December 23, 2004

        Today, I have signed into law H.R. 4548, the ``Intelligence
    Authorization Act for Fiscal Year 2005.'' The Act authorizes
    appropriations to fund United States intelligence activities, including
    activities essential to success in the war on terror.
        The executive branch shall construe provisions in the Act, including
    sections 105, 107, and 305, that mandate submission of information to
    the Congress, 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.
        Section 502 of the Act purports to place restrictions on use of the
    U.S. Armed Forces and other personnel in certain operations. The
    executive branch shall construe the restrictions in that section as
    advisory in nature, so that the provisions are consistent with the
    President's constitutional authority as Commander in Chief, including
    for the conduct of intelligence operations, and to supervise the unitary
    executive branch.
        To the extent that provisions of the Act, such as sections 614 and
    615, 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.
        Section 105 of the Act incorporates by reference certain
    requirements set forth in the joint explanatory statement of the House-
    Senate committee of conference or in a classified annex. The executive
    branch continues to discourage the practice of enacting secret laws and
    encourages instead appropriate non-binding uses of classified schedules
    of authorizations, classified annexes to committee reports, and joint
    statements of managers that accompany the final legislation.

                                                    George W. Bush

     The White House,
     December 23, 2004.

    Note: At the time of publication, H.R. 4548, approved December 23, had
    not been received by the Office of the Federal Register for assignment
    of a Public Law number. An original was not available for verification
    of the content of this statement.

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