    [Public Papers of the Presidents of the United States: George W. Bush (2002, Book II)]
    [October 23, 2002]
    [Pages 1870-1871]
    [From the U.S. Government Publishing Office www.gpo.gov]

    Statement on Signing the Department of Defense Appropriations Act, 2003
    October 23, 2002

        Today I have signed into law H.R. 5010, the ``Department of Defense
    Appropriations Act, 2003,'' which provides $354.8 billion for national
    security programs administered by the Department of Defense.
        I appreciate the bipartisan effort that has gone into producing this
    Act. It abides by an aggregate FY 2003 funding level that I support of
    $759 billion, which is consistent with the House-passed Budget
    Resolution. My Administration appreciates that the Congress has
    completed the FY 2003 Defense and Military Construction appropriations
    bills.
        I am disappointed that the Act does not fund the $10 billion I
    requested to support the war on terrorism. I am also concerned that the
    Act cuts $2.7 billion from my request for operations and maintenance
    activities at the very time our Armed Forces are engaged in a battle
    against global terrorism. Without these funds, we may be forced to
    reduce other important programs to finance the war on terrorism.
        Sections 8007 and 8111 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 of
    such initiation. The U.S. Supreme Court 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 the advance notice contemplated
    by sections 8007 and 8111 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 8111
    in a manner consistent with the constitutional authority of the
    President.
        Section 8066 of the Act provides that, notwithstanding any other
    provision of law, no funds available to the Department of Defense for
    fiscal year 2003 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 Congress of the planned transfer. The
    provision does not affect transfers using funds available to the
    Department of Defense if the recipient is other than a nation or an
    international organization or if the transfer is of intelligence
    services, such as provision of or accommodation procurements for imagery
    intelligence, geospatial information, or cryptological support. The
    provision also does not affect transfers of defense articles or defense
    services using funds contained in the Act that are available to the
    Central Intelligence Agency rather than the Department of Defense. To
    the extent that protection of the U.S. Armed Forces deployed

    [[Page 1871]]

    for international peacekeeping, peace-enforcement, or humanitarian
    assistance operations might require action of a kind covered by section
    8066 sooner than 15 days after notification, the executive branch shall
    construe section 8066 in a manner consistent with my constitutional duty
    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. Similarly, section 8121 of the Act purports to
    specify the content of future Department of Defense budgetary and
    programming plans. The executive branch shall construe these provisions
    relating to planning 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 8094 of the Act provides that, in implementing a health care
    interagency partnership under that section, Native Hawaiians shall have
    the status of Native Americans who are eligible for the healthcare
    services provided by the Indian Health Service. The executive branch
    shall implement section 8094 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 8116 of the Act makes certain appropriated funds available
    for transportation, food, lodging, supplies, fees, and training
    materials for members of the Armed Forces and their immediate family
    members while participating in chaplain-led programs, such as retreats
    and conferences, that assist them in building and maintaining a strong
    family structure. In implementing this provision, the executive branch
    shall accord the fullest respect to the fundamental constitutional right
    of free exercise of religion, subject to the constitutional limitation
    on establishment of religion and any other applicable law.

                                                              George W. Bush

     The White House,

     October 23, 2002.

    Note: H.R. 5010, approved October 23, was assigned Public Law No. 107-
    248.