[Weekly Compilation of Presidential Documents Volume 37, Number 48 (Monday, December 3, 2001)]
[Pages 1723-1724]
[Online from the Government Publishing Office, www.gpo.gov]
<R04>
Statement on Signing the Departments of Commerce, Justice, and State,
the Judiciary, and Related Agencies Appropriations Act, 2002
November 28, 2001
Today I have signed into law H.R. 2500, the ``Department of
Commerce, Justice, State, the Judiciary, and Related Agencies
Appropriations Act, 2002.''
I appreciate the bipartisan effort that has gone into producing this
Act. The bill abides by the agreed upon aggregate funding level for
Fiscal Year 2002 of $686 billion and supports several of my
Administration's key initiatives including:
<bullet> $100 million to support a backlog elimination initiative to
achieve a universal 6-month processing standard for all
immigration applications;
<bullet> 570 additional Immigration and Naturalization Service
agents to protect our Northern and Southern borders;
<bullet> $50 million grant program in the Office of Justice Programs
to aid counties along the Southwestern border with their
costs of detaining and prosecuting drug cases referred to
them by Federal law enforcement agents;
<bullet> $50 million for drug courts, which provide a supervised
treatment alternative to prison sentences for non-violent
drug possession offenders, to enable Federal assistance to
over 120 new or existing drug court programs. To date, over
57,000 offenders have completed drug court programs, and
their recidivism rate is much lower than that of comparable
offenders;
<bullet> $15 million for grants to create community-based task
forces for reducing youth violence and to assist State and
local prosecution of firearms offenses, and $9 million for
the U.S. Attorneys to hire dedicated prosecutors who will
appropriately prosecute juvenile gun offenders and those who
supply them with guns;
<bullet> $20 million to assist State and local law enforcement
agencies with the costs associated with methamphetamine
laboratory clean-up; and
[[Page 1724]]
<bullet> $5 million for a faith-based prison pre-release pilot
project to reduce the rate at which ex-offenders are
returned to prison through intensive counseling and family
and community transition instruction.
In addition, at this critical time, when we are mounting a world-
wide effort to defeat terrorism, I appreciate that this bill provides
significant new funding for our Federal law enforcement agencies in the
Department of Justice, our diplomatic operations overseas, and for
enhanced embassy security.
I note that Section 612 of the bill sets forth certain requirements
regarding the organization of the Department of Justice's efforts to
combat terrorism. This provision raises separation of powers concerns by
improperly and unnecessarily impinging upon my authority as President to
direct the actions of the Executive Branch and its employees. I
therefore will construe the provision to avoid constitutional
difficulties and preserve the separation of powers required by the
Constitution.
Section 626 would require the President to submit a legislative
proposal to establish a program for the compensation of victims of
international terrorism. I will apply this provision consistent with my
constitutional responsibilities. In addition, subsection (c) of that
section purports to remove Iran's immunity from suit in a case brought
by the 1979 Tehran hostages in the District Court for the District of
Columbia. To the maximum extent permitted by applicable law, the
Executive Branch will act, and encourage the courts to act, with regard
to Subsection 626(c) of the bill in a manner consistent with the
obligations of the United States under the Algiers Accords that achieved
the release of U.S. hostages in 1981.
Section 630 prohibits the use of appropriated funds for cooperation
with, or assistance or other support to, the International Criminal
Court (ICC) or its Preparatory Commission. While section 630 clearly
reflects that Congress agrees with my Administration that it is not in
the interests of the United States to become a party to the ICC treaty,
I must note that this provision must be applied consistent with my
constitutional authority in the area of foreign affairs, which, among
other things, will enable me to take actions to protect U.S. nationals
from the purported jurisdiction of the treaty.
In addition, several other provisions of the bill unconstitutionally
constrain my authority regarding the conduct of diplomacy and my
authority as Commander-in-Chief. I will apply these provisions
consistent with my constitutional responsibilities.
George W. Bush
The White House,
November 28, 2001.
Note: H.R. 2500, approved November 28, was assigned Public Law No. 107-
77.