    [Public Papers of the Presidents of the United States: George W. Bush (2002, Book II)]
    [November 2, 2002]
    [Pages 2010-2012]
    [From the U.S. Government Publishing Office www.gpo.gov]

    Statement on Signing the 21st Century Department of Justice
    Appropriations Authorization Act
    November 2, 2002

        Today I have signed into law H.R. 2215, entitled the ``21st Century
    Department of Justice Appropriations Authorization Act.'' The Act grants
    and amends statutory authorities relating to Federal law enforcement
    activities and authorizes appropriations for the Department of Justice.
        Section 202 of the Act adds a new section 530D to title 28, United
    States Code, that purports to impose on the executive branch substantial
    obligations for reporting to the Congress activities of the Department
    of Justice involving challenges to or nonenforcement of law that
    conflicts with the Constitution. The executive branch shall construe
    section 530D of title 28, and related provisions in section 202 of the
    Act, 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 foreign relations, the
    national security, the deliberative processes of the Executive, or the
    performance of the Executive's constitutional duties. To implement
    section 202(b)(3) of the Act, the Attorney General, on my behalf, shall
    advise the heads of executive agencies of the enactment of section 202
    and of this direction concerning construction of that section and
    section 530D of title 28. Furthermore, section 202(a) requires that the
    President report to the Congress the issuance of any ``unclassified
    Executive Order or similar memorandum or order'' that establishes or
    implements a policy of intra-circuit non-acquiescence or of refraining
    from enforcing, applying, or administering a Federal statute, rule,
    regulation, program, or policy on the ground that it is
    unconstitutional. Based upon the text and structure of this section, the
    executive branch shall construe this reporting obligation to cover only
    unclassified orders in writing that are officially

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    promulgated and are not included in the reports of the Attorney General
    or other Federal officers to whom this section applies.
        Section 205(b) of the Act amends section 1913 of title 18, United
    States Code, relating to use of Federal appropriated funds for certain
    advocacy activities. Section 1913, as amended, does not prohibit the
    making of any communication whose prohibition by section 1913 ``might,
    in the opinion of the Attorney General, violate the Constitution or
    interfere with the conduct of foreign policy, counter-intelligence,
    intelligence, or national security activities.'' This provision will
    accordingly be interpreted to avoid applications that might violate the
    Constitution or interfere with foreign policy and other functions.
    Further, the executive branch shall construe section 1913 as amended in
    a manner consistent with the President's constitutional authority to
    conduct the Nation's foreign affairs, to supervise the unitary executive
    branch, and to recommend to the consideration of the Congress such
    measures as the President shall judge necessary and expedient. Finally,
    section 1913 states that ``violations of this section shall constitute
    violations of section 1352(a) of title 31.'' The only reasonable
    construction of this statutory language is that it makes applicable the
    penalties set forth in section 1352(a) to violations of section 1913,
    and the executive branch shall construe this provision accordingly.
        Provisions in the Act, including sections 207(d), 309, and 11025(a),
    purport to require executive branch officials to submit to the Congress
    plans for internal executive branch activities or recommendations
    relating to legislation. The executive branch shall construe such
    provisions in a manner consistent with the President's constitutional
    authorities to supervise the unitary executive branch and to recommend
    for the consideration of the Congress such measures as the President
    judges necessary and expedient.
        Section 402 of the Act adds sections 2002 and 2004 to the Omnibus
    Crime Control and Safe Streets Act of 1968, which purport to give
    ``final authority'' to a subordinate of the Attorney General over
    certain grants, cooperative agreements, and contracts awarded by the
    subordinate's office and to allow the Attorney General to act on behalf
    of the President to give the subordinate a role representing the U.S.
    Government at the United Nations and other international fora. The
    executive branch shall construe sections 2002 and 2004 in a manner
    consistent with the President's constitutional authorities to supervise
    the unitary executive branch and to conduct the Nation's foreign affairs
    and, subject to those authorities, with the Secretary of State's
    authority pursuant to 22 U.S.C. section 2672.
        Section 2301(c) of the Act requires the Attorney General to ``devise
    a plan to implement recommendations of the General Accounting Office
    to'' accomplish goals specified in the statute. Consistent with the
    principles enunciated by the U.S. Supreme Court in 1983 in INS v.
    Chadha, the executive branch shall construe section 2301(c) as referring
    only to recommendations of the GAO in existence at the time of enactment
    of the Act and as requiring the devising of a plan and submission of a
    report on the plan, but not implementation of the plan.
        Section 2303(b) purports to give the Comptroller General, a
    legislative agent, a right of access to all relevant documents and
    information that the Comptroller General deems necessary in conducting a
    study required by the Act. The executive branch shall construe section
    2303(b) 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 foreign relations, the
    national security, the deliberative processes of the Executive, or the
    performance of the Executive's constitutional duties.

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        Section 2504 purports to require the Attorney General to conduct a
    prosecutor exchange program with a foreign country. The executive branch
    shall construe section 2504 in a manner consistent with the President's
    constitutional authorities to conduct the Nation's foreign affairs,
    participate in international negotiations, and supervise the unitary
    executive branch.
        Section 11015 of the Act purports to give U.S. Attorneys in certain
    circumstances ``exclusive authority'' to select an annuity broker for
    structured settlement purposes. The executive branch shall construe this
    section in a manner consistent with the President's constitutional
    authority to supervise the unitary executive branch.
        Section 11026(c) of the Act purports to require all Federal law
    enforcement agencies to comply with requests from the General Accounting
    Office for certain information in the course of GAO preparation of a
    report on crime statistics. The executive branch shall construe section
    11026(c) 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 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 2, 2002.

    Note: H.R. 2215, approved November 2, was assigned Public Law No. 107-
    273. This statement was released by the Office of the Press Secretary on
    November 4.