    [Public Papers of the Presidents of the United States: George W. Bush (2003, Book II)]
    [November 6, 2003]
    [Pages 1476-1477]
    [From the U.S. Government Publishing Office www.gpo.gov]

    Statement on Signing the Emergency Supplemental Appropriations Act for
    Defense and for the Reconstruction of Iraq and Afghanistan, 2004
    November 6, 2003

        Today, I have signed into law H.R. 3289, the ``Emergency
    Supplemental Appropriations Act for Defense and for the Reconstruction
    of Iraq and Afghanistan, 2004.''

    [[Page 1477]]

    The Act supports our mission and our troops deployed in Iraq,
    Afghanistan, and elsewhere, which will better secure the safety of
    America and the world.
        Sections 1108 and 1113 of the Act prohibit the use of appropriated
    funds for certain activities unless the congressional defense committees
    receive advance notice. Although such advance notice can be provided in
    most situations as a matter of comity, situations may arise in which the
    President must act promptly pursuant to his constitutional
    responsibilities while protecting certain extraordinarily sensitive
    national security information. The executive branch shall construe these
    sections in a manner consistent with the constitutional authority of the
    President to classify and control access to information bearing on the
    national security.
        The Act incorrectly refers to the Coalition Provisional Authority
    (CPA) as if it were established pursuant to U.N. Security Council
    resolutions. The executive branch shall construe the provision to refer
    to the CPA as established under the laws of war for the occupation of
    Iraq.
        Section 2203(b)(2)(C) requires executive agency heads to furnish
    certain reports to the chairman and ranking minority member of ``[e]ach
    committee that the head of the executive agency determines has
    legislative jurisdiction for the operations of such department or agency
    to which the information related.'' The executive branch shall, as a
    matter of comity and for the very narrow purpose of determining to whom
    an agency will submit the report under this provision, determine the
    legislative jurisdiction of congressional committees.
        Section 2215(b)(4) of the Act calls for a report on ``the progress
    being made toward indicting and trying leaders of the former Iraqi
    regime for'' specified crimes. The executive branch shall construe the
    provision as calling for a report on the activities of the relevant
    systems of justice, and not on whether any given individual has
    committed any of the enumerated crimes, which is a matter to be
    determined by an appropriate tribunal according to applicable law.
        Title III of the Act creates an Inspector General (IG) of the CPA.
    Title III shall be construed in a manner consistent with the President's
    constitutional authorities to conduct the Nation's foreign affairs, to
    supervise the unitary executive branch, and as Commander in Chief of the
    Armed Forces. The CPA IG shall refrain from initiating, carrying out, or
    completing an audit or investigation, or from issuing a subpoena, which
    requires access to sensitive operation plans, intelligence matters,
    counterintelligence matters, ongoing criminal investigations by other
    administrative units of the Department of Defense related to national
    security, or other matters the disclosure of which would constitute a
    serious threat to national security. The Secretary of Defense may make
    exceptions to the foregoing direction in the public interest.
        Provisions of the Act that require disclosure of information,
    including section 3001(h)(4)(B) of the Act, shall be construed in a
    manner consistent with the President's constitutional authority to
    withhold information that could impair foreign relations, national
    security, the deliberative processes of the Executive, or the
    performance of the Executive's constitutional duties.

                                                              George W. Bush

     The White House,

     November 6, 2003.

    Note: H.R. 3289, approved November 6, was assigned Public Law No. 108-
    106.