[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.