From Statement on Signing the John Warner National Defense Authorization Act for Fiscal Year 2007 (H.R. 5122), published on October 17, 2006 and put into October 30 Weekly Compilation of Presidential Documents
A number of provisions in the Act call for the executive branch to furnish information to the Congress or other entities on various subjects. These provisions include sections 219, 313, 360, 1211, 1212, 1213, 1227, 1402, and 3116 of the Act, section 427 of title 10, United States Code, as amended by section 932 of the Act, and section 1093 of the Ronald W. Reagan National Defense Authorization Act for Fiscal Year 2005 (Public Law 108-375) as amended by section 1061 of the Act. 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, the national security, the deliberative processes of the Executive, or the
performance of the Executive’s constitutional duties.
The full text of the Act can be found on the HR 5122 bill page on Thomas.
Some of the information the President proposes to withhold include:
- Sec. 313. Response plan for remediation of unexploded ordnance, discarded military munitions, and munitions constituents.
- Sec. 360. Energy efficiency in weapons platforms.
- Sec. 1211. North Korea. – This section requires an interagency review of policy towards North Korea and requires this report – (4) REPORT- Not later than 90 days after the date of the appointment of an individual as Coordinator under paragraph (1), the Coordinator shall submit to the President and Congress an unclassified report, with a classified annex if necessary, on the actions undertaken under paragraph (3). The report shall set forth–(A) the results of the review under paragraph (3)(A); and (B) any other matter on North Korea that the Coordinator considers appropriate.
- SEC. 1213. INTELLIGENCE ON IRAN. – This section requires a new National Intelligence Estimate on Iran, plus a “Presidential Report on Policy Objectives and United States Strategy Regarding Iran”
- Sec. 1402. Quarterly reports on Department of Defense response to threat posed by improvised explosive devices.
To all of these questions of interest to the Republic’s representatives, the President asserts authority to withhold information. If the President believed that Congress’ requests were unconstitutional, he had a duty to either veto the legislation or file immediate suit in federal court to nullify the offending provisions.