    [Public Papers of the Presidents of the United States: George W. Bush (2003, Book I)]
    [February 20, 2003]
    [Pages 194-195]
    [From the U.S. Government Publishing Office www.gpo.gov]

    Statement on Signing the Consolidated Appropriations Resolution, 2003
    February 20, 2003

        Today I have signed into law H.J. Res. 2, the ``Consolidated
    Appropriations Resolution, 2003,'' which contains the remaining 11
    annual appropriations acts for fiscal year 2003. The funds appropriated
    by this bill will provide valuable resources for priorities such as
    homeland security, military operations, and education.
        I am very concerned that the Congress failed to provide over $1
    billion in funds that my Administration requested for State and local
    law enforcement and emergency personnel, and that much of the funding
    that the Congress did provide is heavily earmarked for lower-priority
    programs that are not best designed to protect Americans against
    terrorism. As a result, the shortfall for homeland security First
    Responder programs is more than $2.2 billion. Funds that should have
    been made available to the Department of Homeland Security are being
    diverted to programs unrelated to higher-priority terrorism preparedness
    and prevention efforts. My Administration will use all the tools at its
    disposal to ensure that as much of this funding as possible is directed
    toward terrorism preparedness and prevention.
        Further, although the funding level in the bill is largely
    consistent with the agreed upon top line level that I urged the Congress
    to adopt, the bill is not fully consistent with the agreed upon non-
    defense discretionary funding levels due to the expanded use of
    budgetary mechanisms, such as advance appropriations. This bill includes
    an increase in advance appropriations of $2.2 billion, which should not
    be used to evade top line agreements on total discretionary funding.
        Therefore, the FY 2004 congressional budget allocations should be
    reduced accordingly and the device should not be repeated in FY 2005.
    Finally, the bill includes $3.3 billion for unrequested drought aid and
    other assistance that is only partially offset by spending reductions in
    the recently enacted Farm Bill.
        In addition, a number of provisions of H.J. Res. 2 are inconsistent
    with the constitutional authority of the President to conduct foreign
    affairs, command the Armed Forces, supervise the unitary executive
    branch, protect sensitive information, and make recommendations to the
    Congress. Other provisions unconstitutionally condition execution of the
    laws by the executive branch upon approval by congressional committees.
        Thus, the executive branch shall construe as advisory the provisions
    of the bill that purport to: direct or burden the Executive's conduct of
    international negotiations, such as sections 514, 556, 576, and 577 in
    the Foreign Operations Appropriations Act; limit the President's
    authority as Commander in Chief, such as language under the heading
    ``Andean Counterdrug Initiative'' in the Foreign Operations
    Appropriations Act and section 609 of the Commerce Appropriations Act;
    or limit the President's authority to supervise the unitary executive
    branch, such as section 718 of the Agriculture Appropriations Act and
    the provisions relating to Office of Management and Budget review of
    executive branch orders, activities, regulations, transcripts and
    testimony in the Treasury Appropriations Act.
        In addition, the executive branch shall construe provisions that
    mandate, regulate, or prohibit submission of information to the Congress
    or the public, such as sections 561(a), 568(a), and 574(d) of the
    Foreign Operations Appropriations Act and sections 620 and 622 of the
    Treasury Appropriations Act, in a manner consistent with the President's
    constitutional authority to withhold information that could impair
    foreign relations, national security, the deliberative

    [[Page 195]]

    processes of the Executive, or the performance of the Executive's
    constitutional duties. Also, the executive branch shall construe
    provisions that mandate or prohibit submission of recommendations to the
    Congress, such as section 723 of the Agriculture Appropriations Act and
    the provisions purporting to require submission of a request for a
    supplemental appropriation in the Interior Appropriations Act, in a
    manner consistent with the President's constitutional authority to
    submit for congressional consideration such measures as the President
    judges necessary and expedient.
        Also, the executive branch shall construe as advisory, or as calling
    solely for notification, the provisions of this bill that purport to
    require congressional committee approval for the execution of a law. Any
    other construction would be inconsistent with the principles enunciated
    by the United States Supreme Court in INS v. Chadha. Such provisions
    include: provisions relating to the ``Working Capital Fund,'' Food and
    Drug Administration fund transfers, and sections 704 and 719 relating to
    fund transfers in the Agriculture Appropriations Act; the provision
    relating to an expenditure plan for the entry-exit system in the
    Commerce Appropriations Act; and the provisions on transfer of United
    States Customs Service aircraft, automated commercial environment,
    business systems modernization, funds transfers within and among
    Treasury entities, Secret Service protective mission travel, museum
    construction, high-intensity drug trafficking area and other funding
    levels, building prospectus funding levels, use of the Federal building
    fund for emergency repairs and transfers with the fund, unobligated
    balances for salaries and expenses, office improvements, and law
    enforcement training facilities in the Treasury Appropriations Act.
        Furthermore, the duty of the President under section 586 of the
    Foreign Operations Appropriations Act to issue and provide copies of an
    order relating to consideration of the release of information is
    assigned to the Attorney General, who shall ensure that the section is
    implemented in a manner consistent with the President's constitutional
    authority to withhold information, the disclosure of which could impair
    foreign relations, national security, the deliberative processes of the
    Executive, or the performance of the Executive's constitutional duties.
        Finally, to ensure proper respect for the distinct powers of the
    executive and legislative branches and to ensure effective coordination
    between them in emergencies, the Attorney General shall serve as the
    single officer within the executive branch authorized to receive
    requests from the Chief of the Capitol Police and to approve action by
    the executive branch in the implementation of section 1017 of the
    legislative branch Appropriations Act.

                                                              George W. Bush

     The White House,

     February 20, 2003.

    Note: H.J. Res. 2, approved February 20, was assigned Public Law No.
    108-7.