    [Public Papers of the Presidents of the United States: George W. Bush (2002, Book II)]
    [September 30, 2002]
    [Pages 1697-1699]
    [From the U.S. Government Publishing Office www.gpo.gov]

    Statement on Signing the Foreign Relations Authorization Act, Fiscal
    Year 2003
    September 30, 2002

        I have today signed into law H.R. 1646, the ``Foreign Relations
    Authorization Act, Fiscal Year 2003.'' This Act authorizes
    appropriations, and provides important new authorities, for diplomatic
    and related activities of the U.S. Government. Many provisions in the
    Act will strengthen our ability to advance American interests around the
    globe, including nonproliferation of weapons of mass destruction, and to
    meet our international commitments, including those to the United
    Nations. Regrettably, the Act contains a number of provisions that
    impermissibly interfere with the constitutional functions of the
    presidency in foreign affairs, including provisions that purport to
    establish foreign policy that are of significant concern.
        The executive branch shall construe as advisory the provisions of
    the Act, including sections 408, 616, 621, 633, and 1343(b), that
    purport to direct or burden the conduct of negotiations by the executive
    branch with foreign governments, international organizations, or other
    entities abroad or which purport to direct executive branch officials to
    use the U.S. voice and vote in international organizations to achieve
    specified foreign policy objectives. Such provisions, if construed as
    mandatory rather than advisory, would impermissibly interfere with the
    President's constitutional authorities to conduct the Nation's foreign

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    affairs, participate in international negotiations, and supervise the
    unitary executive branch.
        The executive branch shall also construe provisions in the Act that
    mandate submission of information to the Congress or the public, such as
    sections 204, 215, 603, 613(b), 615 and 1602, in a manner consistent
    with the President's constitutional authority to withhold information
    the disclosure of which could impair the foreign relations, the national
    security, the deliberative processes of the Executive, or the
    performance of the Executive's constitutional duties. The Secretary of
    State will, of course, continue as a matter of comity to keep the
    Congress appropriately informed of the Nation's foreign affairs
    activities.
        Several provisions of the Act, including sections 650, 1205(d)(5),
    and 1501(7) call for executive branch officials to submit to the
    Congress recommendations for legislation. The executive branch shall
    implement these provisions in a manner consistent with the President's
    constitutional authority to supervise the unitary executive branch and
    to recommend to the Congress such measures as the President judges
    necessary and expedient.
        Section 214, concerning Jerusalem, impermissibly interferes with the
    President's constitutional authority to conduct the Nation's foreign
    affairs and to supervise the unitary executive branch. Moreover, the
    purported direction in section 214 would, if construed as mandatory
    rather than advisory, impermissibly interfere with the President's
    constitutional authority to formulate the position of the United States,
    speak for the Nation in international affairs, and determine the terms
    on which recognition is given to foreign states. U.S. policy regarding
    Jerusalem has not changed.
        The executive branch shall implement sections 325 and 687 in a
    manner consistent with the equal protection requirements of the Due
    Process Clause of the Fifth Amendment to the Constitution.
        Section 505 of the Act excludes U.S. Government employees abroad
    assigned to duty as correspondents for the Voice of America (VOA) from
    the statutory responsibilities of the Secretary of State for security of
    certain U.S. Government personnel abroad and of chiefs of U.S. missions
    for direction of such personnel. Pursuant to the constitutional
    authority of the President to conduct the Nation's foreign affairs and
    to supervise the unitary executive branch, the Secretary of State may
    provide such direction as may be necessary with respect to the security
    and conduct of U.S. Government employees abroad assigned to duty as VOA
    correspondents.
        Section 604 purports to require the imposition of certain sanctions
    on the Palestinian Liberation Organization or Palestinian Authority
    based on the determinations that the President makes or fails to make in
    the report provided for in section 603. Although a waiver authority is
    also provided, I note that some of these sanctions, in particular with
    respect to visas and the status of representational offices, bear on the
    President's power with respect to the timing and nature of diplomatic
    communications. Accordingly, I shall construe these requirements in a
    manner consistent with my constitutional responsibilities for the
    conduct of foreign affairs.
        Section 645 of the Act purports to require the President to
    implement a law through a particular subordinate officer in the
    Department of Commerce. The executive branch shall implement this
    provision in a manner consistent with the President's authority to
    supervise the unitary executive branch, including the authority to
    direct which officers in the executive branch shall assist the President
    in faithfully executing the law.
        Section 686 makes seven additional plaintiffs with judgments against
    Iran eligible for payments under the Victims of Trafficking and Violence
    Protection Act of 2000. While U.S. victims of international terrorism
    are deserving of compensation in

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    accordance with the law, the continued piecemeal legislative approach
    that addresses some victims and not others is neither equitable nor
    practicable. The Congress should develop a comprehensive proposal that
    provides compensation for all victims, following the principles my
    Administration outlined in June of this year. Such a proposal should not
    draw upon blocked assets to fund victim compensation, so as to preserve
    the prerogatives of the President in the area of foreign affairs.
        Sections 321 and 322, which provide certain retirement benefits to
    discrete groups of Federal employees, undermine fundamental principles
    underlying Federal retirement systems. These sections introduce serious
    inequities in the operation of those systems, and set undesirable
    precedents. My Administration will submit to the Congress appropriate
    legislation to repeal section 321 and to adopt remedial legislation in
    lieu of section 322 that would not undermine the integrity, equity, and
    sound funding principles of our Federal retirement systems.
        Section 1206 could be misconstrued to imply a change in the ``one
    China'' policy of the United States when, in fact, that U.S. policy
    remains unchanged. To the extent that this section could be read to
    purport to change United States policy, it impermissibly interferes with
    the President's constitutional authority to conduct the Nation's foreign
    affairs.
        Section 1406 of the Act requires that actions to remove items from
    the munitions list be subject to reprogramming notifications to
    committees of Congress. By its plain terms, this provision does not
    subject such actions to any committee approval requirements, which would
    be impermissible under the constitutional separation of powers, and
    accordingly, the executive branch shall so implement it.
        My approval of the Act does not constitute my adoption of the
    various statements of policy in the Act as U.S. foreign policy. Given
    the Constitution's commitment to the presidency of the authority to
    conduct the Nation's foreign affairs, the executive branch shall
    construe such policy statements as advisory, giving them the due weight
    that comity between the legislative and executive branches should
    require, to the extent consistent with U.S. foreign policy.

                                                              George W. Bush

    The White House,

    September 30, 2002.

    Note: H.R. 1646, approved September 30, was assigned Public Law No. 107-
    228.