    [Public Papers of the Presidents of the United States: George W. Bush (2001, Book II)]
    [November 28, 2001]
    [Pages 1458-1459]
    [From the U.S. Government Publishing Office www.gpo.gov]

    Statement on Signing the Departments of Commerce, Justice, and State,
    the Judiciary, and Related Agencies Appropriations Act, 2002
    November 28, 2001

        Today I have signed into law H.R. 2500, the ``Department of
    Commerce, Justice, State, the Judiciary, and Related Agencies
    Appropriations Act, 2002.''
        I appreciate the bipartisan effort that has gone into producing this
    Act. The bill abides by the agreed upon aggregate funding level for
    Fiscal Year 2002 of $686 billion and supports several of my
    Administration's key initiatives including:

         $100 million to support a backlog elimination initiative to
                achieve a universal 6-month processing standard for all
                immigration applications;
         570 additional Immigration and Naturalization Service
                agents to protect our Northern and Southern borders;
         $50 million grant program in the Office of Justice Programs
                to aid counties along the Southwestern border with their
                costs of detaining and prosecuting drug cases referred to
                them by Federal law enforcement agents;
         $50 million for drug courts, which provide a supervised
                treatment alternative to prison sentences for non-violent
                drug possession offenders, to enable Federal assistance to
                over 120 new or existing drug court programs. To date, over
                57,000 offenders have completed drug court programs, and
                their recidivism rate is much lower than that of comparable
                offenders;
         $15 million for grants to create community-based task
                forces for reducing youth violence and to assist State and
                local prosecution of firearms offenses, and $9 million for
                the U.S. Attorneys to hire dedicated prosecutors who will
                appropriately prosecute juvenile gun offenders and those who
                supply them with guns;
         $20 million to assist State and local law enforcement
                agencies with the costs associated with methamphetamine
                laboratory clean-up; and
         $5 million for a faith-based prison pre-release pilot
                project to reduce the rate at which ex-offenders are
                returned to prison through intensive counseling and family
                and community transition instruction.

        In addition, at this critical time, when we are mounting a world-
    wide effort to defeat terrorism, I appreciate that this bill provides
    significant new funding for our Federal law enforcement agencies in the
    Department of Justice, our diplomatic operations overseas, and for
    enhanced embassy security.
        I note that Section 612 of the bill sets forth certain requirements
    regarding the organization of the Department of Justice's efforts to
    combat terrorism. This provision raises separation of powers concerns by
    improperly and unnecessarily impinging upon my authority as President to
    direct the actions of the Executive Branch and its employees. I
    therefore will construe the provision to avoid constitutional
    difficulties and preserve the separation of powers required by the
    Constitution.
        Section 626 would require the President to submit a legislative
    proposal to establish a program for the compensation of victims of
    international terrorism. I will apply this

    [[Page 1459]]

    provision consistent with my constitutional responsibilities. In
    addition, subsection (c) of that section purports to remove Iran's
    immunity from suit in a case brought by the 1979 Tehran hostages in the
    District Court for the District of Columbia. To the maximum extent
    permitted by applicable law, the Executive Branch will act, and
    encourage the courts to act, with regard to Subsection 626(c) of the
    bill in a manner consistent with the obligations of the United States
    under the Algiers Accords that achieved the release of U.S. hostages in
    1981.
        Section 630 prohibits the use of appropriated funds for cooperation
    with, or assistance or other support to, the International Criminal
    Court (ICC) or its Preparatory Commission. While section 630 clearly
    reflects that Congress agrees with my Administration that it is not in
    the interests of the United States to become a party to the ICC treaty,
    I must note that this provision must be applied consistent with my
    constitutional authority in the area of foreign affairs, which, among
    other things, will enable me to take actions to protect U.S. nationals
    from the purported jurisdiction of the treaty.
        In addition, several other provisions of the bill unconstitutionally
    constrain my authority regarding the conduct of diplomacy and my
    authority as Commander-in-Chief. I will apply these provisions
    consistent with my constitutional responsibilities.

                                                              George W. Bush

     The White House,

     November 28, 2001.

    Note: H.R. 2500, approved November 28, was assigned Public Law No. 107-
    77.