[ED'S NOTE: THERE WERE TWO SIGNING STATEMENTS
FOR H.J. RES. 2, THE OMNIBUS APPROPRIATIONS BILL]

For Immediate Release
Office of the Press Secretary
February 20, 2003

Statement by the President
[2003-01a] --  39 WCPD 227 (February 24, 2003)
 

Today I Signed Into Law H.j. Res. 2, An Omnibus Appropriations Bill funding the remaining 11 appropriations bills for FY 2003. The funds provided in this resolution will provide important and long overdue resources for our Nations priorities, including fighting the war on terrorism and educating our most vulnerable children.

This bill provides over $397 billion in discretionary budget authority, including $10 billion in reserve funding for the Department of Defense, and is largely consistent with the agreed upon overall funding level. My original budget request, made a year ago, asked for the War on Terror reserve. I had separately agreed to endorse new funds for election reform, a bill that was passed months after my budget was submitted.

Unfortunately, the Congress chose to circumvent the spending limit for FY 2003 by borrowing $2.2 billion in funding from FY 2004. This action must be corrected by adjusting both the 2004 budget allocations and appropriations, and holding advance appropriations constant with the level enacted last year. I will ask the Leadership to ensure this happens.

This bill allocates over $53 billion in total Education funding. The Congress provided increases for many of my high-priority programs, including programs for reading, disadvantaged students, special education, and Pell Grants.

The bill also includes $3.3 billion in unrequested drought and other assistance, which is only minimally offset by real reductions in existing farm spending. Ninety-five percent of purported savings are scheduled to come several years from now, after the expiration of todays farm bill, and may prove illusory.

Most troublesome, H.J. Res. 2 falls nearly $1 billion short of my request for State and local law enforcement and emergency personnel, and in particular underfunds terrorism preparedness for first responders. I requested $3.5 billion for the First Responders Initiative. The bill, however, provides only $1.3 billion for this purpose. Meanwhile the bill provides $2.2 billion for existing State and local grant programs, which are not directly related to higher-priority terrorism preparedness and prevention efforts. This is unsatisfactory, and my Administration will use every appropriate tool available to ensure that these funds are directed to the highest priority homeland security needs.

This belated agreement to last years appropriations process is not perfect, but it underscores the need to move quickly on this years priorities outlined in my 2004 budget request. I look forward to working with the Congress to continue funding the war on terror, strengthening our economy, and protecting the homeland.

GEORGE W. BUSH

►[This signing statement is also found at:]
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[plain text at GPO]
[PDF from GPO]
 

Statement by the President
February 20, 2003
[2003-01b] --  39 WCPD 225 (February 24, 2003)
 

Today I have signed into law H.J. Res. 2, the ``Consolidated Appropriations Resolution, 2003,'' which contains the remaining 11 annual appropriations acts for fiscal year 2003. The funds appropriated by this bill will provide valuable resources for priorities such as homeland security, military operations, and education.

I am very concerned that the Congress failed to provide over $1 billion in funds that my Administration requested for State and local law enforcement and emergency personnel, and that much of the funding that the Congress did provide is heavily earmarked for lower-priority programs that are not best designed to protect Americans against terrorism. As a result, the shortfall for homeland security First Responder programs is more than $2.2 billion. Funds that should have been made available to the Department of Homeland Security are being diverted to programs unrelated to higher-priority terrorism preparedness and prevention efforts. My Administration will use all the tools at its disposal to ensure that as much of this funding as possible is directed toward terrorism preparedness and prevention.

Further, although the funding level in the bill is largely consistent with the agreed upon top line level that I urged the Congress to adopt, the bill is not fully consistent with the agreed upon non-defense discretionary funding levels due to the expanded use of budgetary mechanisms, such as advance appropriations. This bill includes an increase in advance appropriations of $2.2 billion, which should not be used to evade top line agreements on total discretionary funding.Therefore, the FY 2004 congressional budget allocations should be reduced accordingly and the device should not be repeated in FY 2005.

Finally, the bill includes $3.3 billion for unrequested drought aid and other assistance that is only partially offset by spending reductions in
the recently enacted Farm Bill.

In addition, a number of provisions of H.J. Res. 2 are inconsistent with the constitutional authority of the President to conduct foreign affairs, command the Armed Forces, supervise the unitary executive branch, protect sensitive information, and make recommendations to the Congress. Other provisions unconstitutionally condition execution of the laws by the executive branch upon approval by congressional committees.

Thus, the executive branch shall construe as advisory the provisions of the bill that purport to: direct or burden the Executive's conduct of international negotiations, such as sections 514, 556, 576, and 577 in the Foreign Operations Appropriations Act; limit the President's authority as Commander in Chief, such as language under the heading ``Andean Counterdrug Initiative'' in the Foreign Operations Appropriations Act and section 609 of the Commerce Appropriations Act; or limit the President's authority to supervise the unitary executive branch, such as section 718 of the Agriculture Appropriations Act and the provisions relating to Office of Management and Budget review of executive branch orders, activities, regulations, transcripts and testimony in the Treasury Appropriations Act.

In addition, the executive branch shall construe provisions that mandate, regulate, or prohibit submission of information to the Congress or the public, such as sections 561(a), 568(a), and 574(d) of the Foreign Operations Appropriations Act and sections 620 and 622 of the Treasury Appropriations Act, in a manner consistent with the President's constitutional authority 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. Also, the executive branch shall construe provisions that mandate or prohibit submission of recommendations to the Congress, such as section 723 of the Agriculture Appropriations Act and the provisions purporting to require submission of a request for a supplemental appropriation in the Interior Appropriations Act, in a manner consistent with the President's constitutional authority to submit for congressional consideration such measures as the President judges necessary and
expedient.

Also, the executive branch shall construe as advisory, or as calling solely for notification, the provisions of this bill that purport to require congressional committee approval for the execution of a law. Any other construction would be inconsistent with the principles enunciated by the United States Supreme Court in INS v. Chadha. Such provisions include: provisions relating to the ``Working Capital Fund,'' Food and Drug Administration fund transfers, and sections 704 and 719 relating to fund transfers in the Agriculture Appropriations Act; the provision relating to an expenditure plan for the entry-exit system in the Commerce Appropriations Act; and the provisions on transfer of United States Customs Service aircraft, automated commercial environment, business systems modernization, funds transfers within and among Treasury entities, Secret Service protective mission travel, museum construction, high-intensity drug trafficking area and other funding levels, building prospectus funding levels, use of the Federal building fund for emergency repairs and transfers with the fund, unobligated balances for salaries and expenses, office improvements, and law enforcement training facilities in the Treasury Appropriations Act.

Furthermore, the duty of the President under section 586 of the Foreign Operations Appropriations Act to issue and provide copies of an order relating to consideration of the release of information is assigned to the Attorney General, who shall ensure that the section is implemented in a manner 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, or the performance of the Executive's constitutional duties.

For Immediate Release
Office of the Press Secretary
April 23, 2003

Statement by the President
[2003-02] --  39 WCPD 460 (April 28, 2003)
 

Today I have signed into law S. 380, the Postal Civil Service Retirement System Funding Reform Act of 2003. The Act reforms the funding of benefits under the Civil Service Retirement System (CSRS) for employees of the United States Postal Service.

Under the Appointments Clause of the Constitution, including as construed by the U.S. Supreme Court in 1997 in Edmond v. United States, statutory authority to make decisions for the United States that are final must be exercised by, or subject to the control of, a principal officer of the United States. Sections 2(c) and 3(b) of the Act vest in certain circumstances in the CSRS Board of Actuaries (Board) authority to reconsider, review, and make adjustments with finality in certain determinations, redeterminations, and computations made by the Director of the Office of Personnel Management (OPM). Yet, Board members are not principal officers because they have not been appointed by the President, by and with the advice and consent of the Senate, as the Appointments Clause requires. They have instead been appointed by the Director of OPM in accordance with law. Moreover, the Board is not subject to the control of a principal officer in conducting the review, reconsideration, and adjustments for which sections 2(c) and 3(b) of the Act provide, because those sections make such Board action final. Accordingly, to the extent that sections 2(c) and 3(b) make the actions of the Board under those sections final, they are inconsistent with the Appointments Clause.

The Director of OPM shall prepare forthwith for submission to the Congress recommended legislation to conform statutes related to the CSRS Board of Actuaries to the Appointments Clause. While awaiting enactment of corrective legislation, I instruct the Director of OPM, who is a principal officer, to receive any results of reconsideration, review, or adjustments by the Board under sections 2(c) and 3(b) of the Act as advice and opinion for the Director's approval, modification, or disapproval. This instruction gives the fullest effect to the Act that is consistent with the Appointments Clause.

Sections 2(e)(1), 3(e)(1), and 3(f)(1)(B) of the Act purport to require officials in the executive branch to submit recommendations to the Congress or an agent of the Congress. The executive branch shall construe such provisions in a manner consistent with the constitutional authority of the President to submit for the consideration of the Congress such measures as the President judges necessary and expedient.

GEORGE W. BUSH
THE WHITE HOUSE,
April 23, 2003.

For Immediate Release
Office of the Press Secretary
April 25, 2003

Statement by the President
[2003-03] --  39 WCPD 491 (May 5, 2003)
 

I have today signed into law H.R. 1584, the "Clean Diamond Trade Act." The Act enables this Nation to implement procedures developed by more than 50 countries to exclude rough "conflict diamonds" from international trade, while promoting legitimate trade. Conflict diamonds have been used by rebel groups in Africa to finance their atrocities committed on civilian popula-tions and their insurrections against internationally recognized governments. The United States has played a key role over the past 2 years in forging an international consensus to curb such damaging trade and has therefore strongly supported the "Kimberley Process." Diamonds also are critical to the economic growth and development of African and other countries, so preserving their legitimate trade is an important foreign policy objective.

This Act directs the President to implement regulations to carry out the Kimberley Process Certification Scheme (KPCS). Although under this Act I have discretion to issue regulations consistent with future changes to the KPCS, under the Constitution, the President cannot be bound to accept or follow changes that might be made to the KPCS at some future date absent subsequent legislation. I will construe this Act accordingly.

Section 15 of the Act provides that the legislation takes effect on the date the President certifies to the Congress that either of two specified events has occurred. The first event is that "an applicable waiver that has been granted by the World Trade Organization is in effect." The second event is that "an applicable decision in a resolution adopted by the United Nations Security Council pursuant to Chapter VII of the Charter of the United Nations is in effect." Once the Act takes effect, it "shall thereafter remain in effect during those periods in which, as certified by the President to the Congress, an applicable waiver or decision" by the World Trade Organization or the United Nations Security Council, respectively, "is in effect."

If section 15 imposed a mandatory duty on the President to certify to the Congress whether either of the two specified events has occurred and whether either remains in effect, a serious question would exist as to whether section 15 unconstitutionally delegated legislative power to international bodies. In order to avoid this constitutional question, I will construe the certification process set forth in section 15 as conferring broad discretion on the President. Specifically, I will construe section 15 as giving the President broad discretion whether to certify to the Congress that an applicable waiver or decision is in effect. Similarly, I will construe section 15 as imposing no obligation on the President to withdraw an existing certification in response to any particular event. Rather, I will construe section 15 as giving the President the discretion to determine when a certification that an applicable waiver or decision is no longer in effect is warranted.

GEORGE W. BUSH
THE WHITE HOUSE,
April 25, 2003.

For Immediate Release
Office of the Press Secretary
April 30, 2003

Today I have signed into law S. 151, the "Prosecutorial Remedies and Other Tools to end the Exploitation of Children Today Act of 2003," also known as the PROTECT Act. This important legislation gives law enforcement authorities valuable new tools to deter, detect, investigate, prosecute, and punish crimes against America's children. In particular, the Act builds upon my Administration's ongoing efforts to expand and improve the AMBER Alert program to combat child abduction, strengthens laws against child pornography, and addresses deficiencies in Federal sentencing policies and practices.

The executive branch shall construe section 108(d)(3) of the Act, which calls for the Attorney General to submit recommendations to the Congress, in a manner consistent with the President's constitutional authority to submit for the consideration of the Congress such measures as the President judges necessary and expedient.

Section 401(l)(2) of the Act calls for a report to certain committees of the Congress by the Attorney General concerning prosecutorial actions, including the basis on which the Solicitor General decides, in particular cases involving departures from sentencing guidelines, whether or not to authorize an appeal. Were this provision to take effect, the executive branch would implement it in a manner consistent with the President's constitutional authority to withhold information the disclosure of which could impair the deliberative processes of the Executive or the performance of the Executive's constitutional duties.

GEORGE W. BUSH
THE WHITE HOUSE,
April 30, 2003.

For Immediate Release
Office of the Press Secretary
May 29, 2003

Today I have signed into law S. 243, an Act concerning participation of Taiwan in the World Health Organization. The United States fully supports the overall goal of Taiwan's participation in the work of the World Health Organization, including observership. The United States has expressed publicly its firm support for Taiwan's observer status and will continue to do so. The executive branch shall, as is consistent with the President's constitutional authority to conduct the Nation's foreign affairs, construe the Act to be consistent with the "one China" policy of the United States, which remains unchanged. The executive branch also shall construe the reporting require-ment in section 1(c) of the Act 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 Secretary of State will continue, of course, as a matter of comity to keep the Congress appropriately informed of the matters addressed by the reporting requirement.

GEORGE W. BUSH
THE WHITE HOUSE,
May 29, 2003.

For Immediate Release
Office of the Press Secretary
July 3, 2003

Section 2(b)(2) of the Act purports to require the CNCS to consult the Director of the Congressional Budget Office (CBO), a legislative agent, in executing section 2(b)(1)(B) of the Act relating to determination of a formula for calculating certain obligations for recordation. Because section 191 of the National and Community Service Act of 1990 (NCSA) (42 U.S.C. 12651) assigns to the CNCS the Executive function to "administer the programs established under the national service laws," and because the CNCS is an "Executive agency" under section 105 of title 5 of the United States Code by virtue of the provisions of section 191 of the NCSA and section 103 of title 5, the CNCS is plainly part of the unitary executive branch.

Since a statute cannot constitutionally require the executive branch to involve a legislative agent in executive decision-making, the executive branch shall construe section 2(b)(2) as requiring the CNCS only to notify the Director of the CBO with regard to the matters addressed by the provision. At the same time, the Chief Executive Officer (CEO) of the CNCS shall, as a matter of comity between the executive and legislative branches, seek and consider the views of the Director of CBO in this matter as the CEO deems appropriate.

GEORGE W. BUSH
THE WHITE HOUSE,
July 3, 2003.

For Immediate Release
Office of the Press Secretary
July 14, 2003

Today I am signing into law H.R. 2474, which would permit the Congressional Hunger Center to spend up to $3 million in funds appropriated for each of fiscal years 2003 and 2004 to provide Bill Emerson and Mickey Leland Hunger Fellowships.

Upon signing the Farm Security and Rural Investment Act of 2002 on May 13, 2002, I stated that the method of appointing members to the Board of Trustees for the Hunger Fellowship Program runs afoul of the Appointments Clause of the Constitution. The current legislation does not adequately address this constitutional problem, in that it simply provides that the Hunger Fellowship Program will be administered for 2 years by a private, nonprofit corporation, the Congressional Hunger Center. Again, I remain prepared to work with the Congress on legislation that will provide a long-term solution for this constitutional infirmity. To avoid any constitutional concerns stemming from the provision of funds to the Congressional Hunger Center, I instruct the head of the department to whose agency these funds are appropriated to treat the money as a grant and ensure the Center's compliance with the terms of its grant.

GEORGE W. BUSH
THE WHITE HOUSE,
July 14, 2003.

►[This signing statement is also found at:]
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[plain text at GPO]
[PDF file from GPO]
 

For Immediate Release
Office of the Press Secretary
July 28, 2003

Today, I have signed into law the Burmese Freedom and Democracy Act of 2003 and an executive order sending a clear signal to Burma's ruling junta that it must release Nobel Peace Laureate Aung San Suu Kyi, along with all other political prisoners, and move down the path toward democracy. These measures reaffirm to the people of Burma that the United States stands with them in their struggle for democracy and freedom.

The Burmese Freedom and Democracy Act is the result of close cooperation between my Administration and Members of Congress on both sides of the aisle, especially Senator Mitch McConnell and Representative Tom Lantos. Among other measures, the legislation bans the import of Burmese products. The executive order freezes the assets of senior Burmese officials and bans virtually all remittances to Burma. By denying these rulers the hard currency they use to fund their repression, we are providing strong incentives for democratic change and human rights in Burma.

In May of this year, the Burmese government tightened its grip on the people of Burma when it organized an attack on the motorcade of Aung San Suu Kyi, the leader of the National League for Democracy (NLD). Since then, Burmese officials have ignored requests from around the world to release Aung San Suu Kyi and other members of the NLD and to re-open NLD offices.

The repression of the Burmese regime contributes to problems that spill across Burma's borders, including refugee flows, narcotics trafficking, and the spread of HIV/AIDS and other diseases. These problems affect Burma's neighbors, and these nations must play an important role in resolving the current crisis. I urge the Association of South-East Asian Nations (ASEAN) to continue to make clear to the regime that its behavior is inconsistent with ASEAN's standards and goals. Burma should not be permitted to tarnish ASEAN's record as a positive force for progress. I also welcome the measures taken by the European Union and Japan to bring about democratic change in Burma.

The United States will not waver from its commitment to the cause of democracy and human rights in Burma. The United States has raised the situation in Burma at the United Nations Security Council, and will do so again as developments warrant. The world must make clear -? through word and deed -? that the people of Burma, like people everywhere, deserve to live in dignity and freedom, under leaders of their own choosing.

For Immediate Release
Office of the Press Secretary
August 18, 2003

Today, I Have Signed Into Law H.R. 1412, the "Higher Education Relief Opportunities for Students Act of 2003." This Act permits the Secretary of Education to waive or modify Federal student financial assistance program requirements to help students and their families or academic institutions affected by a war, other military operation, or national emergency. The executive branch shall construe section 2(c) in a manner consistent with the Presidents authority under the Recommendations Clause of the Constitution to submit for the consideration of the Congress such measures as the President shall judge necessary or expedient.

GEORGE W. BUSH
THE WHITE HOUSE,
August 18, 2003.

For Immediate Release
Office of the Press Secretary
September 4, 2003

Today, I have signed into Law S. 1435, the "Prison Rape Elimination Act of 2003." The Act provides for analysis of the incidence and effects of prison rape in Federal, State and local institutions, and for information, resources, recom-mendations and funding to protect individuals from prison rape. The Act also creates a National Prison Rape Reduction Commission.

Section 7(h) of the Act purports to grant to the Commission a right of access to any Federal department or agency informa-tion it considers necessary to carry out its duties, and section 7(k)(3) provides for release of information to the public. The executive branch shall construe sections 7(h) and 7(k)(3) in a manner consistent with the President's constitutional authority to withhold information when its disclosure could impair deliberative processes of the Executive or the performance of the Executive's constitutional duties and, to the extent possible, in a manner consistent with Federal statutes protecting sensitive information from disclosure.

GEORGE W. BUSH
THE WHITE HOUSE,
September 4, 2003.

For Immediate Release
Office of the Press Secretary
September 30, 2003

Today I have signed into law H.R. 2657, the "Legislative Branch Appropriations Act, 2004" for the fiscal year ending September 30, 2004, and making emergency supplemental appropriations for fiscal year 2003.

Section 103 of the Act establishes in the House of Representatives an Office of Interparliamentary Affairs. To ensure consistency with the President's constitutional authority to conduct the Nation's foreign affairs, the executive branch shall construe section 103 as assigning the Office functions limited to protocol and travel support for the House of Representatives.

Several provisions of the Act make specified changes in statements of managers of the House-Senate conference committees that accompanied various bills reported from conference that ultimately became laws. As with other committee materials, statements of managers accompanying a conference report do not have the force of law. Accordingly, although changes to these statements are directed by the terms of the statute, the statements themselves are not legally binding.

For Immediate Release
Office of the Press Secretary
October 1, 2003

Today, I have signed into law H.R. 2658, the "Department of Defense Appropriations Act, 2004."

Sections 8007 and 8103 of the Act prohibit the use of funds to initiate a special access program or to initiate 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 and 8103 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 sections 8007 and 8103 in a manner consistent with the constitutional authority of the President.

Section 8065 of the Act provides that, notwithstanding any other provision of law, no funds available to the Department of Defense for fiscal year 2004 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 enforce-ment, or humanitarian assistance operations might require action of a kind covered by section 8065 sooner than 15 days after notification, the executive branch shall construe section 8065 in a manner consistent with the President's constitutional authority as Commander in Chief of the Armed Forces.

A proviso in the Act's appropriation for "Operation and Maintenance, Defense-Wide" prohibits implementation of and purports to prohibit planning for consolidation of certain offices within the Department of Defense. Also, sections 8010(b), 8041(b), and 8115 purport to specify the content of a portion of a future budget request to the Congress for the Department of Defense. 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 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 principles enunciated by the Supreme Court in INS v. Chadha.

A proviso within the appropriation for "Operation and Maintenance, Air Force" earmarks an amount of funds for a grant to a college for the purpose of funding minority aviation training, and section 8089 of the Act provides that, in imple-menting a healthcare interagency partnership under that section, Native Hawaiians shall have the status of Native Americans who are eligible for healthcare services. The executive branch shall implement the proviso and section 8089 in a manner consistent with the requirement to afford equal protection of the laws under the Due Process Clause of the Fifth Amendment to the Constitution.

Sections 8082, 8091, 8117, and 8131 of the Act make clear that the classified annex accompanies but is not incorporated as a part of the Act, and therefore the classified annex does not meet the bicameralism and presentment requirements specified by the Constitution for the making of a law. Accordingly, the executive branch shall construe the classified annex references in sections 8082, 8091, 8117, and 8131 as advisory in effect. My Administration continues to discourage any efforts to enact secret law as part of defense funding legislation and encourages instead appropriate use of classified annexes to committee reports and joint statements of managers that accompany the final legislation.

GEORGE W. BUSH
THE WHITE HOUSE,
September 30, 2003.

For Immediate Release
Office of the Press Secretary
October 1, 2003

Today, I have signed into Law H.R. 2555, the "Department of Homeland Security Appropriations Act, 2004." This is the first regular appropriations act for the Department of Homeland Security.

The executive branch shall construe as calling solely for notification the provisions of the Act that purport to require congressional committee approval for the execution of a law. Any other construction would be inconsistent with the principles enunciated by the Supreme Court of the United States in 1983 in INS v. Chadha. Such provisions include the purported approval requirements in the appropriations for expenses for the development of the United States Visitor and Immigrant Status Indicator Technology project; customs and border protection automated systems; immigration and customs enforcement automated systems; operations, maintenance, and procurement of marine vessels, aircraft, and other related equipment of the air and marine program; expenses of the United States Secret Service; and also in sections 504, 511, and 516. To the extent that section 519 of the Act purports to allow an agent of the legislative branch to prevent implementation of the law unless the legislative agent reports to the Congress that the executive branch has met certain conditions, the executive branch shall construe such section as advisory, in accordance with the Chadha principles.

For Immediate Release
Office of the Press Secretary
October 28, 2003

GEORGE W. BUSH
THE WHITE HOUSE,
October 28, 2003.

[Text Supplied by GPO]
[Text appearing on the White House website is incomplete]

Today, I have signed into law H.R. 3289, the ``Emergency Supplemental Appropriations Act for Defense and for the Reconstruction of Iraq and Afghanistan, 2004.'' The Act supports our mission and our troops deployed in Iraq, Afghanistan, and elsewhere, which will better secure the safety of America and the world.

Sections 1108 and 1113 of the Act prohibit the use of appropriated funds for certain activities unless the congressional defense committees receive advance notice. Although such advance notice can be provided in most situations as a matter of comity, situations may arise in which the President must act promptly pursuant to his constitutional responsibilities 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 to classify and control access to information bearing on the national security.

The Act incorrectly refers to the Coalition Provisional Authority (CPA) as if it were established pursuant to U.N. Security Council resolutions. The executive branch shall construe the provision to refer to the CPA as established under the laws of war for the occupation of Iraq.

Section 2203(b)(2)(C) requires executive agency heads to furnish certain reports to the chairman and ranking minority member of ``[e]ach committee that the head of the executive agency determines has legislative jurisdiction for the operations of such department or agency to which the information related.'' The executive branch shall, as a matter of comity and for the very narrow purpose of determining to whom an agency will submit the report under this provision, determine the legislative jurisdiction of congressional committees.

Section 2215(b)(4) of the Act calls for a report on ``the progress being made toward indicting and trying leaders of the former Iraqi regime for'' specified crimes. The executive branch shall construe the provision as calling for a report on the activities of the relevant systems of justice, and not on whether any given individual has committed any of the enumerated crimes, which is a matter to be determined by an appropriate tribunal according to applicable law.

Title III of the Act creates an Inspector General (IG) of the CPA. Title III shall be construed in a manner consistent with the President's constitutional authorities to conduct the Nation's foreign affairs, to supervise the unitary executive branch, and as Commander in Chief of the Armed Forces. The CPA IG shall refrain from initiating, carrying out, or completing an audit or investigation, or from issuing a subpoena, which requires access to sensitive operation plans, intelligence matters, counterintelligence matters, ongoing criminal investigations by other administrative units of the Department of Defense related to national security, or other matters the disclosure of which would constitute a
serious threat to national security. The Secretary of Defense may make exceptions to the foregoing direction in the public interest.

Provisions of the Act that require disclosure of information, including section 3001(h)(4)(B) of the Act, shall be construed in a manner consistent with the President's constitutional authority 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.

GEORGE W. BUSH
THE WHITE HOUSE,
November 6, 2003.

For Immediate Release
Office of the Press Secretary
November 10, 2003

Today, I have signed into Law H.R. 2691, the Department of the Interior and Related Agencies Appropriations Act, 2004.

Under the appropriations heading "Construction" for the Bureau of Indian Affairs, the Act refers to one subsection of title 25 of the United States Code that do not exist (25 U.S.C. 2505(f)) and one provision in title 25 that exists (25 U.S.C. 2005(a)) but which, as is plain from the text of the Act, is not the provision to which the Act was intended to refer. The Director of the Office of Management and Budget shall submit immediately on my behalf for the considera-tion of the Congress legislation to correct these errors in the Act. If corrective legislation is not enacted before execution of the provisions under the appropriations heading becomes necessary, the Attorney General shall provide a legal opinion to the Secretary of the Interior on how to faithfully execute the appropriations heading in light of the errors it contains.

The executive branch shall construe sections 101 and 325 of the Act, which purport to require the executive branch to submit to the Congress in certain circumstances a request for a supplemental appropriation or for enactment of other legislation, in a manner consistent with the Presidents constitutional authority to submit for the consideration of the Congress such measures as the President judges necessary and expedient.

Many provisions in the Act purport to require the consent or approval of committees of the Congress before executive branch execution of aspects of the Act or purport to preclude executive branch execution of a provision of the Act upon the written disapproval of such committees. The executive branch shall construe such provisions to require only notification to the Congress, because any other construction would contravene the constitutional principles set forth by the United States Supreme Court in 1983 in its decision in INS v. Chadha.

GEORGE W. BUSH
THE WHITE HOUSE,
November 10, 2003.

For Immediate Release
Office of the Press Secretary
November 18, 2003

Today, I have signed into law S. 313, the "Animal Drug User Fee Act of 2003." The Act is designed to expedite the animal drug development process, while continuing to ensure the safety and effectiveness of animal drugs.

Section 4(a) of the Act purports to require the Secretary of Health and Human Services to submit legislative recommenda-tions to the Congress and to establish procedures by which the Secretary must formulate such recommendations. The legislative power does not extend to requiring the Executive submit legislative recommendations to the Congress nor to specifying procedures by which the Executive must formulate any legislative recommendations that the Executive makes. The executive branch shall execute section 4(a) in a manner consistent with the Constitution's exclusive commitments to the President of the authority to submit for the consideration of the Congress such measures as he judges necessary and expedient and the authority to supervise the unitary executive branch.

GEORGE W. BUSH
THE WHITE HOUSE,
November 18, 2003.

For Immediate Release
Office of the Press Secretary
November 22, 2003

Today, I have signed into law H.R. 2559, the "Military Construction Appropriations Act, 2004." The Act appropriates funds for construction to support the operations of the U.S. Armed Forces and for military family housing.

Sections 107, 110, and 113 provide for notice to the Congress of relocation of activities between military installations, initiation of a new installation abroad, or U.S. military exercises involving $100,000 in construction costs. The Supreme Court of the United States has stated that the President's authority to classify and control access to information bearing on national security flows from the Constitution and does not depend upon a legislative grant of authority. Although notice 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 while protecting sensitive national security information. The executive branch shall construe these sections in a manner consistent with the constitutional authority of the President.

Section 119 provides for the Secretary of Defense to submit a report to Congress with details of proposed actions to encourage certain cooperating nations to assume a greater share of the common defense burden. Section 128 of the Act establishes a commission of eight congressionally-designated members to study the U.S. military facility structure overseas and provides for commission access to information. The executive branch shall construe sections 119 and 128 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.

GEORGE W. BUSH
THE WHITE HOUSE,
November 22, 2003.

For Immediate Release
Office of the Press Secretary
November 24, 2003

Section 541(a) of the Act amends section 991 of title 10 of the United States Code to purport to place limits on the number of days on which a member of the Armed Forces may be deployed, unless the Secretary of Defense or a senior civilian or military officer to whom the Secretary has delegated authority under section 541(a) approves the continued deployment. Section 1023 purports to place restrictions on use of the U.S. Armed Forces in certain operations. The executive branch shall construe the restrictions on deployment and use of the Armed Forces in sections 541(a) and 1023 as advisory in nature, so that the provisions are consistent with the President's constitutional authority as Commander in Chief and to supervise the unitary executive branch.

Section 903 amends section 153 of title 10 to require the Secretary of Defense to provide for a report to the Congress by the Chairman of the Joint Chiefs of Staff of a plan for mitigating risks identified by the Chairman. The executive branch shall construe this provision in a manner consistent with the President's constitutional authority to supervise the unitary executive branch and as Commander in Chief.

Section 924 places restrictions upon the exercise of certain acquisition authority by the Director of the National Security Agency (NSA). The reference in section 924(b) to section 2430 of title 10, United States Code, authorizes the Secretary of Defense to exclude from the scope of section 924(b) highly sensitive classified programs as determined by the Secretary of Defense. Moreover, the exercise by the Under Secretary of Defense for Acquisition, Technology, and Logistics of authority described in section 924 remains subject to the statutory authority of the Secretary of Defense to exercise authority, direction, and control of the Department of Defense under section 113(b) of title 10. The executive branch shall construe and execute section 924 in a manner consistent with these statutory authorities of the Secretary of Defense, the authority of the Director of Central Intelligence under section 103(c)(7) of the National Security Act to protect intelligence sources and methods from unauthorized disclosure, and the constitutional authority of the President to supervise the unitary executive branch and as Commander in Chief.

Section 1442(b)(2)(C) requires executive agency heads to furnish certain reports to the chairman and ranking minority member of "[e]ach committee that the head of the executive agency determines has legislative jurisdiction for the operations of such department or agency to which the information relates." The executive branch shall, as a matter of comity and for the very narrow purpose of determining to whom a department or agency will submit a report under this provision, determine the legislative jurisdiction of congressional committees.

Section 3622 purports to establish an interparliamentary working group involving up to 40 Members of Congress and the legislature of the Russian Federation on nuclear nonproliferation and security. Consistent with the President's constitutional authority to conduct the Nation's foreign relations and as Commander in Chief, the executive branch shall construe section 3622 as authorizing neither representation of the United States nor disclosure of national security information protected by law or Executive Order.

Several provisions of the Act, including sections 320(b)(5) and (e), 335, 528, 647(c)(2), 923(d)(1)(F), and 1051, call for executive branch officials to submit to the Congress proposals for legislation. These provisions shall be implemented in a manner consistent with the President's constitutional authority to supervise the unitary executive branch and to recommend for the consideration of the Congress such measures as the President judges necessary and expedient.

A number of provisions of the Act, including sections 111(c), 903, 924, 1202, 1204, 1442(b)(2)(C), 1504(b), and 2808, require the executive branch to furnish information to the Congress or other entities on various subjects. 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, national security, the deliberative processes of the Executive, or the performance of the Executive's constitutional duties.

GEORGE W. BUSH
THE WHITE HOUSE,
November 24, 2003.

Note [supplied by GPO]: H.R. 1588, approved November 24, was assigned Public Law No. 108-136.

The executive branch shall construe provisions of the Act that direct the Secretary of a military department to perform the Secretary's duties through a particular military officer in a manner consistent with the statutory authority of the Secretary of Defense to exercise authority, direction, and control of the Department of Defense and the constitutional authority of the President to supervise the unitary executive branch and as Commander in Chief.

Provisions in sections 209 and 303 and under the heading "Construction, General" in title I purport to require the approval of committees of the Congress before executive branch execution of aspects of the Act or to preclude executive branch execution of a provision of the Act upon the written disapproval of such a committee. The executive branch shall construe such provisions to require only notification to the Congress, as any other construction would contravene the constitutional principles set forth by the Supreme Court in INS v. Chadha.

GEORGE W. BUSH
THE WHITE HOUSE,
December 1, 2003.

For Immediate Release
Office of the Press Secretary
December 3, 2003

Today, I have signed S. 189, the "21st Century Nanotechnology Research and Development Act." The Act authorizes appropriations for research in nanoscience, nanoengineering, and nanotechnology research and other related activities.

Several provisions of the Act, including sections 2(d)(2), 3(c)(1), 4(d), and 5(d), purport to call for executive branch officials to submit to the Congress proposals for legislation, including funding legislation. The executive branch shall implement these provisions in a manner consistent with the President's constitutional authority to supervise the unitary executive branch and to recommend for the consideration of the Congress such measures as the President judges necessary and expedient.

The executive branch shall construe section 2(b)(4)(E) of the Act in a manner consistent with the Government's obligation under the Due Process Clause of the Fifth Amendment to the Constitution to ensure equal protection of the laws.

GEORGE W. BUSH
THE WHITE HOUSE,
December 3, 2003.

For Immediate Release
Office of the Press Secretary
December 8, 2003

Today, I have signed into law H.R. 1, the "Medicare Prescription Drug, Improvement, and Modernization Act of 2003." The Act helps achieve a more modern Medicare system that includes prescription drug coverage and choices for seniors.

Sections 1012 and 1014 of the Act create a commission and a working group, both with most of their members designated by Members of Congress or the Comptroller General, a legislative agent. Sections 1012(h)(3) and 1014(j)(3) purport to give the commission and the working group a right to secure directly from executive departments and agencies information they seek to perform their duties. The executive branch shall construe these provisions in a manner consistent with the constitutional authorities of the President to supervise the unitary executive branch and to withhold information the disclosure of which could impair the deliberative processes of the Executive or the performance of the Executive's constitutional duties.

Section 802 of the Act calls for the President to submit to the Congress proposals for legislation in the event that a Medicare funding warning is issued under section 801(a)(2). Many other provisions in the Act, including sections 101(b), 109(d)(2), 410A(e), 434(f), 507(c)(3), 645(a)(2), 649(g), 651(d)(2), 911(f), and 1014(o), also call for executive branch officials to submit to the Congress proposals for legislation. The executive branch shall construe these provisions in a manner consistent with the President's constitutional authority to supervise the unitary executive branch and to recommend for the consideration of the Congress such measures as the President judges necessary and expedient.

GEORGE W. BUSH
THE WHITE HOUSE,
December 8, 2003.

For Immediate Release
Office of the Press Secretary
December 12, 2003

Today, I have signed into law H.R. 2115, the "Vision 100 -- Century of Aviation Reauthorization Act." The Act is designed to strengthen America's aviation sector, provide needed authority to the Federal Aviation Administration (FAA), and enhance the safety of the traveling public.

Subtitle A of title II of the Act amends section 106 of title 49 of the United States Code to abolish the Air Traffic Services Subcommittee of the Federal Aviation Management Advisory Council and creates, separate from the Council, an Air Traffic Services Committee (ATSC). Section 106 as amended vests in the ATSC substantial governmental authority, including the power to approve the FAA's strategic plan for the air traffic control system, certain large procurements, appointment and pay of the FAA Chief Operating Officer, FAA major reorganizations, and the FAA cost accounting and financial management structure. Under section 106(p)(6)(C), as amended, the members of the abolished Air Traffic Services Subcommittee of the Council automatically become the members of the ATSC, but only to "serve in an advisory capacity," with the ATSC beginning to exercise non-advisory authority when the ATSC members have been appointed by the President by and with the advice and consent of the Senate. Accordingly, in light of section 106(p)(6)(C), the executive branch shall construe the provisions of section 106(p) and 106(r) that refer to approval or other non-advisory functions of the ATSC to require, from the date of enactment of the Act through the date on which the last Senate-confirmed Presidential appointment is made to the ATSC, only notice to the ATSC and an opportunity for the ATSC to express its views.

Section 106(p)(7)(B)(iii) of title 49, as enacted by section 202 of the bill, purports to limit the qualifications of the pool of persons from whom the President may select ATSC members in a manner that rules out a large portion of those persons best qualified by experience and knowledge to fill the office. Congressional participation in such appointments is limited by the Appointments Clause of the Constitution to the Senate's provision of advice and consent with respect to Presidential nominees. The executive branch shall construe the provisions concerning qualifications in section 106(p)(7)(B)(iii) as advisory, as is consistent with the Appointments Clause.

Section 47171 of title 49, as enacted by section 304(a) of the Act, purports to mandate the process for cooperation among agencies in the executive branch in conducting environ-mental reviews for certain airport projects. In particular, section 47171(i) purports to require one part of the executive branch to report to committees of Congress when a second part of the executive branch has not met the first part's deadlines for action on certain environmental reviews, and then requires the second part to explain to the committees why it did not meet the deadline and what actions it intends to take to complete the relevant matter. The executive branch shall implement section 47171 in a manner and to the extent consistent with the President's constitutional authority to supervise the unitary executive branch.

The executive branch shall construe and implement section 323(b)(2) of the Act, relating to certain disputes, in a manner consistent with the constitutional authority of the President to supervise the unitary executive branch.

The executive branch shall construe the provisions of section 411(i) of the Act, concerning the provision of executive branch information and records to the National Commission on Small Community Air Service, in a manner consistent with the President's constitutional authority to withhold information the disclosure of which could impair the foreign relations, the national security, the deliberative processes of the Executive, or the performance of the Executive's constitutional duties.

The executive branch shall construe and implement section 46111 of title 49, as enacted by section 601(a) of the Act, relating to access to and use of classified information, in a manner consistent with the President's constitutional authority to classify and control access to information bearing on the national security.

The executive branch shall implement sections 702 and 703 of the Act, which relate to the award of certain government scholarships, in a manner consistent with the equal protection requirements of the Due Process Clause of the Fifth Amendment to the Constitution.

Section 44511(f) of title 49, as enacted by section 712 of the Act, requires the Secretary of Transportation to appoint "an independent governing board" for a 4-year airport cooperative research pilot program. The executive branch shall construe the reference to the board as "independent" to mean independence within the Department of Transportation from the FAA, while the board remains subject to the statutory authority of the Secretary as the head of the Department and the President's constitutional authority to supervise the unitary executive branch. Moreover, the executive branch shall construe the provisions for nomination of candidates for the board by particular officials or organiza-tions as advisory, as is consistent with the Appointments Clause of the Constitution.

The executive branch shall construe as advisory the provisions of section 812(a) of the Act that purport to direct or burden the conduct of negotiations by the executive branch with foreign governments, international organizations, or other entities abroad. Such provisions, if construed as mandatory rather than advisory, would impermissibly interfere with the President's constitutional authority to conduct the Nation's foreign affairs, participate in international negotiations, and supervise the unitary executive branch.

GEORGE W. BUSH
THE WHITE HOUSE,
December 12, 2003.

For Immediate Release
Office of the Press Secretary
December 12, 2003

Today, I have signed into law H.R. 1828, the "Syria Accountability and Lebanese Sovereignty Restoration Act of 2003." The Act is intended to strengthen the ability of the United States to conduct an effective foreign policy.

Section 5 of the Act purports to impose upon the President requirements to take certain actions against Syria unless the President either determines and certifies to the Congress that the Government of Syria has taken specific actions, or determines that it is in the national security interest of the United States to waive such requirements and reports the reasons for that determination to the Congress. A law cannot burden or infringe the President's exercise of a core constitutional power by attaching conditions precedent to the use of that power. The executive branch shall construe and implement section 5 in a manner consistent with the President's constitutional authority to conduct the Nation's foreign affairs and as Commander in Chief, in particular with respect to the conduct of foreign diplomats in the United States, the conduct of United States diplomats abroad, and the exportation of items and provision of services necessary to the performance of official functions by United States Government personnel abroad.

Section 6 of the Act requires an officer in the executive branch to furnish information to the Congress on various subjects involving Syria and terrorism. The executive branch shall construe section 6 in a manner 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, or the performance of the Executive's constitutional duties.

My approval of the Act does not constitute my adoption of the various statements of policy in the Act as U.S. foreign policy. Given the Constitution's commitment to the Presidency of the authority to conduct the Nation's foreign affairs, the executive branch shall construe such policy statements as advisory, giving them the due weight that comity between the legislative and executive branches should require, to the extent consistent with U.S. foreign policy.

GEORGE W. BUSH
THE WHITE HOUSE,
December 12, 2003.

For Immediate Release
Office of the Press Secretary
December 13, 2003

Today, I have signed into law H.R. 2417, the "Intelligence Authorization Act for Fiscal Year 2004." The Act authorizes funding for United States intelligence activities, including activities in the war against terrorists of global reach.

Section 506A(c) of the National Security Act of 1947, as enacted by section 312(b) of the Act, purports to require the President to request that the Congress enact laws appropriating funding for a major intelligence system procurement in an amount set as a cost estimate by an entity subordinate to the President or to explain why the President instead requests amounts below those levels. Moreover, beginning with the submittal to the Congress of the President's budget for FY 2006, section 312(d)(2) of H.R. 2417 purports to condition the obligation or expenditure of funds for development or procurement of a major intelligence system on the President's compliance with the requirements of section 506A. The executive branch shall construe these provisions in a manner consistent with the Constitution's commitment to the President of exclusive authority to submit for the consideration of the Congress such measures as the President judges necessary and expedient and to supervise the unitary executive branch, and to withhold information the disclosure of which could impair the deliberative processes of the Executive or the performance of the Executive's constitutional duties.

Section 341(b) purports to require the Attorney General and the Director of Central Intelligence, acting through particular offices subordinate to them respectively, to establish certain policies and procedures relating to espionage prosecutions. The executive branch shall implement this provision in a manner consistent with the authority committed exclusively to the President by the Constitution to faithfully execute the laws and to supervise the unitary executive branch. Similarly, sections 1102(a) and 1102(c) of the National Security Act, as enacted by section 341(a) of the Act, purport to mandate that the Director of Central Intelligence use or act through the Office of National Counterintelligence Executive to establish and implement an inspection process for all agencies and departments of the U.S. Government that handle classified information. The executive branch shall implement this provision in a manner consistent with the President's constitutional authority to supervise the unitary executive branch.

The executive branch shall construe and implement section 376 of the Act, relating to making available classified information to courts, in a manner consistent with the President's constitutional authority to classify and control access to information bearing on the national security and consistent with the statutory authority of the Attorney General for the conduct of litigation for the United States.

Many provisions of the Act, including section 106 and subtitle D of title III of the Act, seek to require the executive branch to furnish information to the Congress on various subjects. The executive branch shall construe the provisions in a manner 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, or the performance of the Executive's constitutional duties.

The executive branch shall implement section 319 of the Act in a manner consistent with the requirement to afford equal protection of the laws under the Due Process Clause of the Fifth Amendment to the Constitution.

Section 502 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 section 502 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.

Section 106 enacts 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 this 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 13, 2003.

For Immediate Release
Office of the Press Secretary
December 19, 2003

Section 123(c) of the Defense Production Act Amendments of 1992, as enacted by section 7(c) of the Act, purports to require the executive branch to undertake consultations with foreign nations on specific matters and to report thereon to the Congress. The executive branch shall construe section 123(c) in a manner consistent with the constitutional authorities of the President to conduct the Nation's foreign relations and to with-hold 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.

GEORGE W. BUSH
THE WHITE HOUSE,
December 19, 2003.

For Immediate Release
Office of the Press Secretary
December 19, 2003

Statement by the President
[2003-27] --  39 WCPD 1836 (December 29, 2003)