    [Public Papers of the Presidents of the United States: George W. Bush (2002, Book II)]
    [October 23, 2002]
    [Pages 1871-1872]
    [From the U.S. Government Publishing Office www.gpo.gov]

    Statement on Signing the Military Construction Appropriation Act, 2003
    October 23, 2002

        Today I have signed into law H.R. 5011, the ``Military Construction
    Appropriations Act, 2003,'' which provides $10.5 billion for Department
    of Defense military construction and family housing programs. The Act
    ensures the Nation's military construction priorities are met and
    provides the resources and infrastructure for our fighting forces at
    home and abroad. My Administration is committed to improving military
    housing and the quality of life of our uniformed defenders and their
    families, and this bill clearly reflects that commitment.
        Sections 107, 110, and 113 of the Act provide for notice to the
    Congress of relocation of activities between military installations,
    initiation of a new installation abroad, or U.S. military exercises
    involving $100,000 in construction costs. 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

    [[Page 1872]]

    not depend upon a legislative grant of authority. Although the notice
    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 while protecting sensitive national security
    information. The executive branch shall construe these sections in a
    manner consistent with the President's constitutional authority.
        Section 119 provides for the Secretary of Defense to submit a report
    to the Congress with details of proposed actions to encourage certain
    cooperating nations to assume a greater share of the common defense
    burden. The executive branch shall construe this provision 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. The Secretary of
    Defense will, of course, continue as a matter of comity to keep the
    Congress appropriately informed of the matters addressed by section 119.

                                                              George W. Bush

     The White House,

     October 23, 2002.

    Note: H.R. 5011, approved October 23, was assigned Public Law No. 107-
    249.