Statement

Today, I have signed into law S. 1071, the “National Defense Authorization Act for Fiscal Year 2026” (the “Act”). The Act authorizes fiscal year appropriations for the Department of War (DoW), the Department of Energy national security programs, the Department of State, the Department of Homeland Security, the Intelligence Community, and other executive departments and agencies. The Act will enable the DoW to carry out my Peace Through Strength agenda, protect the homeland from domestic and foreign threats, and strengthen the defense industrial base, while eliminating funding for wasteful and radical programs that undermine the warfighting ethos of our Nation’s men and women in uniform. Importantly, the Act codifies aspects of over a dozen Executive Orders and actions taken by my Administration, including those focused on warfighter lethality, advancing homeland missile defense by fully supporting the Golden Dome for America plan, restoring America’s airspace sovereignty, and providing Federal recognition of the Lumbee Tribe of North Carolina.

Over the next 3 years, the United States will host numerous major events that necessitate new authorities to combat emerging security threats. The Act includes the critical SAFER SKIES Act, which provides State and local law enforcement with the authority to protect against unmanned aircraft when they present a threat to the public and creates a new felony offense for a second violation of national defense airspace. In addition, the Act provides key resources to ensure the continued security of the southern border from illegal immigration and transnational criminal organizations.

Although I am pleased to support the critical objectives of the Act, I note that certain provisions of the Act raise concerns.

Certain provisions of the Act, including sections 343, 1032-1035, 1048(d)(4)(B), 1266, 5143, and 8304(a), purport to dictate the position of the United States in external military and foreign affairs. My Administration will treat these provisions consistent with the President’s constitutional authority as Commander in Chief of the Armed Forces and the President’s constitutional authority to conduct the foreign affairs of the United States, which includes the authority to recognize foreign sovereigns.

Several provisions of the Act, including sections 364(a), 383(d), 737, 851, 1070, 1235, 1245, 1253, 1546, 1622, 1806(c), 3111, 6102(b)(3), 6303, 6502(b), 6521, 6524, 6712, 7213, 8102(b), 8315(1)(A)(iii), 8341(a), 8361(b)(3)(A), 8363(h), and 8521, purport to require the President to submit information to the Congress — such as deliberative process and national security information — protected by long-recognized legal privileges. My Administration will treat these provisions consistent with the President’s constitutional authority to withhold information, the disclosure of which could impair foreign relations, national security, the deliberative processes of the executive branch, and the performance of the President’s constitutional duties.