[Weekly Compilation of Presidential Documents Volume 37, Number 52 (Monday, December 31, 2001)]
[Page 1834]
[Online from the Government Publishing Office, www.gpo.gov]

<R04>
Statement on Signing the Intelligence Authorization Act for Fiscal Year 
2002

December 28, 2001

    Today, I have signed into law H.R. 2883, the ``Intelligence 
Authorization Act for Fiscal Year 2002.'' The Act authorizes 
appropriations to fund United States intelligence activities, including 
activities essential to success in the war against global terrorism. 
Regrettably, one provision of the Act falls short of the standards of 
comity and flexibility that should govern the relationship between the 
executive and legislative branches on sensitive intelligence matters 
and, in some circumstances, would fall short of constitutional 
standards.
    Section 305 of the Act amends section 502 of the National Security 
Act of 1947, which relates to executive branch reports to the Congress 
under the intelligence oversight provisions of the National Security 
Act. Section 305 purports to require that reports submitted to the 
congressional intelligence committees by the executive branch on 
significant anticipated intelligence activities or significant 
intelligence failures always be in written form, with a concise 
statement of facts pertinent to the report and an explanation of the 
significance of the activity or failure.
    Section 502 of the National Security Act as amended by section 305 
of the Act shall be construed for all purposes, specifically including 
for the purpose of the establishment of standards and procedures under 
section 502(c) of the National Security Act by the Director of Central 
Intelligence, 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. Section 502 shall also be construed in a manner consistent with 
the statutory responsibility of the Director of Central Intelligence to 
protect intelligence sources and methods and other exceptionally 
sensitive matters.
                                                George W. Bush
 The White House,
 December 28, 2001.

Note: At the time of publication, H.R. 2883, approved December 28, had 
not been received by the Office of the Federal Register in time for 
assignment of a public law number.