    [Public Papers of the Presidents of the United States: George W. Bush (2002, Book II)]
    [December 2, 2002]
    [Pages 2148-2149]
    [From the U.S. Government Publishing Office www.gpo.gov]

    Statement on Signing the Bob Stump National Defense Authorization Act
    for Fiscal Year 2003
    December 2, 2002

        Today I have signed into law H.R. 4546, the ``Bob Stump National
    Defense Authorization Act for Fiscal Year 2003.'' The Act authorizes the
    funding necessary to protect the United States and advance its interests
    abroad. In particular, it authorizes the resources necessary to continue
    the war against terrorists of global reach, to equip and train our Armed
    Forces for success in combat, and to support the members of the Armed
    Forces and their families with a substantial and fully merited increase
    in basic pay. The Act also grants new authorities to the Department of
    Defense that will assist in transforming the armed forces to meet future
    challenges.
        A number of provisions of the Act establish new requirements for the
    executive branch to furnish sensitive information to the Congress on
    various subjects, including sections 221, 1043, 1065 (enacting 10 U.S.C.
    127b(f)(2)(C)(ii) and (iii)), 1205, 1206, 1207, and 1209 (enacting
    section 722 of Public Law 104-293). 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, the national security, the deliberative
    processes of the Executive, or the performance of the Executive's
    constitutional duties.

    [[Page 2149]]

        Many provisions of the Act call for executive branch officials to
    submit recommendations and plans to the Congress, including sections
    112(b), 142(c), 221(c), 231 (enacting 10 U.S.C. 196), 234(c),
    241(c)(3)(D), 366, 404(c), 513(e), 534(c), 582, 721 (enacting 38 U.S.C.
    8111(c)(4) and (f)(2)(C) and (F)), 723, 813, 924, 1043(b)(2), 1061
    (enacting 10 U.S.C. 113a), 1207, 1208 (enacting section 1503(b)(8) of
    Public Law 103-337), 3141(e), 3143, 3176(b)(4) and (d), and 3504(c)(4).
    The executive branch shall construe such provisions in a manner
    consistent with the President's constitutional authority to supervise
    the unitary executive branch. In addition, with respect to provisions
    that purport to require executive branch officials to submit legislative
    proposals to the Congress, including sections 513(e), 813, 1061, and
    3143, the executive branch also shall construe such provisions 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.
        The executive branch shall construe section 133(2)(B) of the Act as
    requiring only notification to the Congress and not any form of
    congressional approval following notification, as any other construction
    would be inconsistent with the constitutional principles enunciated by
    the Supreme Court in 1983 in INS v. Chadha.
        The executive branch shall construe section 2308(e)(1) of title 10
    of the United States Code, as enacted by section 801 of the Act, as
    neither giving the force of law to any quantity set forth in a table,
    chart, or explanatory text in a joint explanatory statement of a House-
    Senate committee of conference or in any congressional committee report,
    nor requiring the exercise of waiver authority under section 2308 to
    acquire more than a quantity specified in such a table, chart, or
    explanatory text. Construing the section otherwise would not be
    consistent with the bicameralism and presentment requirements of the
    Constitution for the making of a law.
        The executive branch shall implement section 2323 of title 10 of the
    United States Code, as extended through fiscal year 2006 by section 816
    of the Act, in a manner consistent with the equal protection
    requirements of the Due Process Clause of the Fifth Amendment to the
    Constitution.
        Section 242 of the Act vests authority to direct the provision of
    funds for designated projects, and to select certain projects for
    funding, in an official who is to be designated by the Under Secretary
    of Defense for Acquisition, Technology, and Logistics. Under the
    Constitution, such authority should be exercised only by officers of the
    United States appointed in accordance with the provisions of the
    Appointments Clause. Accordingly, the Secretary of Defense shall ensure
    that the official designated by the Under Secretary under this section
    is a duly appointed constitutional officer or that the official's
    exercise of the authority vested is supervised and reviewed by the Under
    Secretary or another appropriate constitutional officer.
        Finally, the executive branch shall construe sections 3155, 3156,
    and 3160, which purport to require executive branch officials to conduct
    programs with a foreign country, in a manner consistent with the
    President's constitutional authority to conduct the foreign affairs of
    the United States.

                                                              George W. Bush

    The White House,

    December 2, 2002.

    Note: H.R. 4546, approved December 2, was assigned Public Law No. 107-
    314.