    [Public Papers of the Presidents of the United States: George W. Bush (2002, Book I)]
    [January 10, 2002]
    [Pages 50-51]
    [From the U.S. Government Publishing Office www.gpo.gov]

    Statement on Signing the Foreign Operations, Export Financing, and
    Related Programs Appropriations Act, 2002
    January 10, 2002

        Today I have signed into law H.R. 2506, the ``Foreign Operations,
    Export Financing, and Related Programs Appropriations Act, 2002.'' The
    Act provides the funds needed to support U.S. foreign policy objectives
    abroad and reflects the restraint on spending that has been a key goal
    of my Administration.
        I appreciate the bipartisan effort that has gone into producing this
    Act. It abides by the agreed upon aggregate funding level for Fiscal
    Year 2002 of $686 billion. The Act will provide $15.4 billion, largely
    along the lines of my request, and includes essential funding to support
    America's war on terrorism. The Act supports such key Administration
    initiatives as the campaign against HIV/AIDS, with up to $100 million
    available for the global fund to fight HIV/AIDS, malaria, and
    tuberculosis and an additional $100 million is also provided by the
    Departments of Labor, Health and Human Services, and Education, and
    Related Agencies Appropriations Act.
        I also welcome the additional flexibility that the Act provides
    through the reduction in earmarks and added waiver authorities,
    including the changes to the annual counternarcotics certification
    process and the waiver provision allowing me the flexibility to provide
    additional assistance to Azerbaijan. This flexibility will allow my
    Administration to meet the diplomatic requirements stemming from the
    September 11th attacks, as well as to continue to address the ever-
    changing foreign policy challenges we face.
        The Act does not interfere with our policies regarding bilateral
    international family planning assistance, and ensures that U.S. funds
    are not made available to organizations supporting or participating in
    the management of a program of coercive abortion or involuntary
    sterilization. The Act

    [[Page 51]]

    provides additional discretion to determine the appropriate level of
    funding for the United Nations Population Fund.
        Several provisions of the Act purport to direct or burden the
    conduct of negotiations by the executive branch with foreign
    governments, international organizations, or other entities abroad, or
    otherwise interfere with the President's constitutional authority to
    conduct the Nation's foreign affairs. These include sections 514, 560,
    and 581(a), and the appropriations heading related to the International
    Development Association, which purport to direct the Secretary of the
    Treasury to require the U.S. representatives to take particular
    positions for the United States in international organizations or
    require the Secretary to accord priority to a particular objective in
    negotiations with such an organization. Another such provision is
    section 567(b), which purports to direct the Secretary of State to
    consult certain international organizations in determining the state of
    events abroad. These provisions shall be construed consistent with my
    constitutional authorities to conduct foreign affairs, participate in
    international negotiations, and supervise the executive branch.
        Section 573 of the Act calls for the Department of State to provide
    regular and detailed briefings to congressional committees on any
    discussions between the executive branch and a particular government
    abroad on any potential purchase of defense articles or defense services
    by that government. This provision shall be construed as advisory only,
    given the constitutional powers of the President to supervise the
    executive branch and to conduct the Nation's foreign affairs, which
    includes the authority to determine what information about international
    negotiations may, in the public interest, be made available to the
    Congress and when such disclosure should occur. The Secretary of State
    will, however, as a matter of comity between the executive and
    legislative branches, keep the Congress appropriately informed of the
    matters addressed by section 573.
        Finally, section 577 requires that the President direct executive
    agencies possessing information relevant to specified deaths abroad to
    declassify and release that information. I will direct the Attorney
    General to coordinate the implementation of this section within the
    executive branch, so as to produce the requested information in a manner
    consistent with my constitutional and statutory responsibilities to
    protect various kinds of sensitive information.
        Many provisions of the Act make funds available for particular
    purposes subject to, in accordance with, or under ``the regular
    notification procedures of the Committee on Appropriations.'' The
    executive branch shall construe the reference to the ``regular
    notification procedures'' to be a reference to the procedures in section
    515 of the Act.

                                                              George W. Bush

     The White House,

     January 10, 2002.

    Note: H.R. 2506, approved January 10, was assigned Public Law No. 107-
    115.