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Skriven 2006-09-29 23:31:20 av Whitehouse Press (1:3634/12.0)
Ärende: Press Release (060929f) for Fri, 2006 Sep 29
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Statement by the President on H.R. 5631, the "Department of Defense
Appropriations Act, 2007"
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For Immediate Release
Office of the Press Secretary
September 29, 2006

Statement by the President on H.R. 5631, the "Department of Defense
Appropriations Act, 2007"



Today, I have signed into law H.R. 5631, the "Department of Defense
Appropriations Act, 2007." The Act appropriates the funds needed to fight
the war on terror, advance other United States interests around the world,
and support our Armed Forces. The Act also continues funding for Government
programs for which the Congress has not yet enacted regular appropriations
acts.

Sections 8007, 8084, and 9005 of the Act prohibit the use of funds to
initiate a special access program or a new start program, unless the
congressional defense committees receive advance notice. The Supreme Court
of the United States has stated that the President's authority to classify
and control access to information bearing on the national security flows
from the Constitution and does not depend upon a legislative grant of
authority. Although the advance notice contemplated by sections 8007, 8084,
and 9005 can be provided in most situations as a matter of comity,
situations may arise, especially in wartime, in which the President must
act promptly under his constitutional grants of executive power and
authority as Commander in Chief of the Armed Forces while protecting
certain extraordinarily sensitive national security information. The
executive branch shall construe these sections in a manner consistent with
the constitutional authority of the President.

Section 8050 of the Act provides that, notwithstanding any other provision
of law, no funds available to the Department of Defense for fiscal year
2007 may be used to transfer defense articles or services, other than
intelligence services, to another nation or an international organization
for international peacekeeping, peace enforcement, or humanitarian
assistance operations, until 15 days after the executive branch notifies
six committees of the Congress of the planned transfer. To the extent that
protection of the U.S. Armed Forces deployed for international
peacekeeping, peace enforcement, or humanitarian assistance operations
might require action of a kind covered by section 8050 sooner than 15 days
after notification, the executive branch shall construe the section in a
manner consistent with the President's constitutional authority as
Commander in Chief.

A proviso in the Act's appropriation for "Operation and Maintenance,
Defense Wide" purports to prohibit planning for consolidation of certain
offices within the Department of Defense. Also, sections 8010(b), 8032(b),
and 8089 purport to specify the content of portions of future budget
requests to the Congress. The executive branch shall construe these
provisions relating to planning and making of budget recommendations in a
manner consistent with the President's constitutional authority to require
the opinions of the heads of departments, to supervise the unitary
executive branch, and to recommend for congressional consideration such
measures as the President shall judge necessary and expedient.

Section 8005 of the Act, relating to requests to congressional committees
for reprogramming of funds, shall be construed as calling solely for
notification, as any other construction would be inconsistent with the
constitutional principles enunciated by the Supreme Court of the United
States in INS v. Chadha.

The executive branch shall construe section 8093, relating to integration
of foreign intelligence information, in a manner 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. Also, the executive branch shall construe sections 8095
and 8101 of the Act, which purport to prohibit the President from altering
command and control relationships within the Armed Forces, as advisory, as
any other construction would be inconsistent with the constitutional grant
to the President of the authority of Commander in Chief.

The executive branch shall construe provisions of the Act relating to race,
ethnicity, gender, and State residency, such as sections 8013, 8018 and
8048, in a manner consistent with the requirement to afford equal
protection of the laws under the Due Process Clause of the Constitution's
Fifth Amendment.

Sections 8039 and 8064 of the Act purport to allocate funds for specified
purposes as set forth in the joint explanatory statement of managers that
accompanied the Act and to direct compliance with a classified annex which
was not incorporated into the Act and for which presentment was not made.
The executive branch shall construe all these provisions in a manner
consistent with the bicameral passage and presentment requirements of the
Constitution for the making of a law.

GEORGE W. BUSH

THE WHITE HOUSE,

September 29, 2006.

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