Text 205, 117 rader
Skriven 2004-12-17 23:33:00 av Whitehouse Press (1:3634/12.0)
Ärende: Press Release (041217f) for Fri, 2004 Dec 17
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Statement by the President
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For Immediate Release
Office of the Press Secretary
December 17, 2004

Statement by the President



December 17, 2004

STATEMENT BY THE PRESIDENT

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 infor-mation 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 legis-lative 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 informa-tion 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 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.

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