[Weekly Compilation of Presidential Documents Volume 38, Number 40 (Monday, October 7, 2002)]
[Pages 1658-1660]
[Online from the Government Publishing Office, www.gpo.gov]
<R04>
Statement on Signing the Foreign Relations Authorization Act, Fiscal
Year 2003
September 30, 2002
I have today signed into law H.R. 1646, the ``Foreign Relations
Authorization Act, Fiscal Year 2003.'' This Act authorizes
appropriations, and provides important new authorities, for diplomatic
and related activities of the U.S. Government. Many provisions in the
Act will strengthen our ability to advance American interests around the
globe, including nonproliferation of weapons of mass destruction, and to
meet our international commitments, including those to the United
Nations. Regrettably, the Act contains a number of provisions that
impermissibly interfere with the constitutional functions of the
presidency in foreign affairs, including provisions that purport to
establish foreign policy that are of significant concern.
The executive branch shall construe as advisory the provisions of
the Act, including sections 408, 616, 621, 633, and 1343(b), that
purport to direct or burden the conduct of negotiations by the executive
branch with foreign governments, international organizations, or other
entities abroad or which purport to direct executive branch officials to
use the U.S. voice and vote in international organizations to achieve
specified foreign policy objectives. Such provisions, if construed as
mandatory rather than advisory, would impermissibly interfere with the
President's constitutional authorities to conduct the Nation's foreign
affairs, participate in international negotiations, and supervise the
unitary executive branch.
The executive branch shall also construe provisions in the Act that
mandate submission of information to the Congress or the public, such as
sections 204, 215, 603, 613(b), 615 and 1602, in a manner consistent
with the President's constitutional authority to withhold information
the disclosure of which could impair the foreign relations, the national
security, the deliberative processes of
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the Executive, or the performance of the Executive's constitutional
duties. The Secretary of State will, of course, continue as a matter of
comity to keep the Congress appropriately informed of the Nation's
foreign affairs activities.
Several provisions of the Act, including sections 650, 1205(d)(5),
and 1501(7) call for executive branch officials to submit to the
Congress recommendations for legislation. The executive branch shall
implement these provisions in a manner consistent with the President's
constitutional authority to supervise the unitary executive branch and
to recommend to the Congress such measures as the President judges
necessary and expedient.
Section 214, concerning Jerusalem, impermissibly interferes with the
President's constitutional authority to conduct the Nation's foreign
affairs and to supervise the unitary executive branch. Moreover, the
purported direction in section 214 would, if construed as mandatory
rather than advisory, impermissibly interfere with the President's
constitutional authority to formulate the position of the United States,
speak for the Nation in international affairs, and determine the terms
on which recognition is given to foreign states. U.S. policy regarding
Jerusalem has not changed.
The executive branch shall implement sections 325 and 687 in a
manner consistent with the equal protection requirements of the Due
Process Clause of the Fifth Amendment to the Constitution.
Section 505 of the Act excludes U.S. Government employees abroad
assigned to duty as correspondents for the Voice of America (VOA) from
the statutory responsibilities of the Secretary of State for security of
certain U.S. Government personnel abroad and of chiefs of U.S. missions
for direction of such personnel. Pursuant to the constitutional
authority of the President to conduct the Nation's foreign affairs and
to supervise the unitary executive branch, the Secretary of State may
provide such direction as may be necessary with respect to the security
and conduct of U.S. Government employees abroad assigned to duty as VOA
correspondents.
Section 604 purports to require the imposition of certain sanctions
on the Palestinian Liberation Organization or Palestinian Authority
based on the determinations that the President makes or fails to make in
the report provided for in section 603. Although a waiver authority is
also provided, I note that some of these sanctions, in particular with
respect to visas and the status of representational offices, bear on the
President's power with respect to the timing and nature of diplomatic
communications. Accordingly, I shall construe these requirements in a
manner consistent with my constitutional responsibilities for the
conduct of foreign affairs.
Section 645 of the Act purports to require the President to
implement a law through a particular subordinate officer in the
Department of Commerce. The executive branch shall implement this
provision in a manner consistent with the President's authority to
supervise the unitary executive branch, including the authority to
direct which officers in the executive branch shall assist the President
in faithfully executing the law.
Section 686 makes seven additional plaintiffs with judgments against
Iran eligible for payments under the Victims of Trafficking and Violence
Protection Act of 2000. While U.S. victims of international terrorism
are deserving of compensation in accordance with the law, the continued
piecemeal legislative approach that addresses some victims and not
others is neither equitable nor practicable. The Congress should develop
a comprehensive proposal that provides compensation for all victims,
following the principles my Administration outlined in June of this
year. Such a proposal should not draw upon blocked assets to fund victim
compensation, so as to preserve the prerogatives of the President in the
area of foreign affairs.
Sections 321 and 322, which provide certain retirement benefits to
discrete groups of Federal employees, undermine fundamental principles
underlying Federal retirement systems. These sections introduce serious
inequities in the operation of those systems, and set undesirable
precedents. My Administration will submit to the Congress appropriate
legislation to repeal section 321 and to adopt remedial legislation in
lieu of section 322 that would not undermine the
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integrity, equity, and sound funding principles of our Federal
retirement systems.
Section 1206 could be misconstrued to imply a change in the ``one
China'' policy of the United States when, in fact, that U.S. policy
remains unchanged. To the extent that this section could be read to
purport to change United States policy, it impermissibly interferes with
the President's constitutional authority to conduct the Nation's foreign
affairs.
Section 1406 of the Act requires that actions to remove items from
the munitions list be subject to reprogramming notifications to
committees of Congress. By its plain terms, this provision does not
subject such actions to any committee approval requirements, which would
be impermissible under the constitutional separation of powers, and
accordingly, the executive branch shall so implement it.
My approval of the Act does not constitute my adoption of the
various statements of policy in the Act as U.S. foreign policy. Given
the Constitution's commitment to the presidency of the authority to
conduct the Nation's foreign affairs, the executive branch shall
construe such policy statements as advisory, giving them the due weight
that comity between the legislative and executive branches should
require, to the extent consistent with U.S. foreign policy.
George W. Bush
The White House,
September 30, 2002.
Note: H.R. 1646, approved September 30, was assigned Public Law No. 107-
228.