[Weekly Compilation of Presidential Documents Volume 38, Number 43 (Monday, October 28, 2002)]
[Page 1836]
[Online from the Government Publishing Office, www.gpo.gov]

<R04>
Statement on Signing the Military Construction Appropriation Act, 2003

October 23, 2002

    Today I have signed into law H.R. 5011, the ``Military Construction 
Appropriations Act, 2003,'' which provides $10.5 billion for Department 
of Defense military construction and family housing programs. The Act 
ensures the Nation's military construction priorities are met and 
provides the resources and infrastructure for our fighting forces at 
home and abroad. My Administration is committed to improving military 
housing and the quality of life of our uniformed defenders and their 
families, and this bill clearly reflects that commitment.
    Sections 107, 110, and 113 of the Act provide for notice to the 
Congress of relocation of activities between military installations, 
initiation of a new installation abroad, or U.S. military exercises 
involving $100,000 in construction costs. The U.S. Supreme Court has 
stated that the President's authority to classify and control access to 
information bearing on national security flows from the Constitution and 
does not depend upon a legislative grant of authority. Although the 
notice can be provided in most situations as a matter of comity, 
situations may arise, especially in wartime, in which the President must 
act promptly under his constitutional grants of executive power and 
authority as Commander in Chief while protecting sensitive national 
security information. The executive branch shall construe these sections 
in a manner consistent with the President's constitutional authority.
    Section 119 provides for the Secretary of Defense to submit a report 
to the Congress with details of proposed actions to encourage certain 
cooperating nations to assume a greater share of the common defense 
burden. The executive branch shall construe this provision 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. The Secretary of 
Defense will, of course, continue as a matter of comity to keep the 
Congress appropriately informed of the matters addressed by section 119.
                                                George W. Bush
 The White House,
 October 23, 2002.

Note: H.R. 5011, approved October 23, was assigned Public Law No. 107-
249.