[Weekly Compilation of Presidential Documents Volume 38, Number 45 (Monday, November 11, 2002)]
[Pages 1971-1973]
[Online from the Government Publishing Office, www.gpo.gov]

<R04>
Statement on Signing the 21st Century Department of Justice 
Appropriations Authorization Act

November 2, 2002

    Today I have signed into law H.R. 2215, entitled the ``21st Century 
Department of Justice Appropriations Authorization Act.'' The Act grants 
and amends statutory authorities relating to Federal law enforcement 
activities and authorizes appropriations for the Department of Justice.
    Section 202 of the Act adds a new section 530D to title 28, United 
States Code, that purports to impose on the executive branch substantial 
obligations for reporting to the Congress activities of the Department 
of Justice involving challenges to or nonenforcement of law that 
conflicts with the Constitution. The executive branch shall construe 
section 530D of title 28, and related provisions in section 202 of the 
Act, in a manner consistent with the constitutional authorities of the 
President to supervise the unitary executive branch and 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. To implement 
section 202(b)(3) of the Act, the Attorney General, on my behalf, shall 
advise the heads of executive agencies of the enactment of section 202 
and of this direction concerning construction of that section and 
section 530D of title 28. Furthermore, section 202(a) requires that the 
President report to the Congress the issuance of any ``unclassified 
Executive Order or similar memorandum or order'' that establishes or 
implements a policy of intra-circuit non-acquiescence or of refraining 
from enforcing, applying, or administering a Federal statute, rule, 
regulation, program, or policy on the ground that it is 
unconstitutional. Based upon the text and structure of this section, the 
executive branch shall construe this reporting obligation to cover only 
unclassified orders in writing that are officially promulgated and are 
not included in the reports of the Attorney General or other Federal 
officers to whom this section applies.
    Section 205(b) of the Act amends section 1913 of title 18, United 
States Code, relating to use of Federal appropriated funds for certain 
advocacy activities. Section 1913, as amended, does not prohibit the 
making of any communication whose prohibition by section 1913 ``might, 
in the opinion of the Attorney General, violate the Constitution or 
interfere with the conduct of foreign policy,

[[Page 1972]]

counter-intelligence, intelligence, or national security activities.'' 
This provision will accordingly be interpreted to avoid applications 
that might violate the Constitution or interfere with foreign policy and 
other functions. Further, the executive branch shall construe section 
1913 as amended in a manner consistent with the President's 
constitutional authority to conduct the Nation's foreign affairs, to 
supervise the unitary executive branch, and to recommend to the 
consideration of the Congress such measures as the President shall judge 
necessary and expedient. Finally, section 1913 states that ``violations 
of this section shall constitute violations of section 1352(a) of title 
31.'' The only reasonable construction of this statutory language is 
that it makes applicable the penalties set forth in section 1352(a) to 
violations of section 1913, and the executive branch shall construe this 
provision accordingly.
    Provisions in the Act, including sections 207(d), 309, and 11025(a), 
purport to require executive branch officials to submit to the Congress 
plans for internal executive branch activities or recommendations 
relating to legislation. The executive branch shall construe such 
provisions in a manner consistent with the President's constitutional 
authorities to supervise the unitary executive branch and to recommend 
for the consideration of the Congress such measures as the President 
judges necessary and expedient.
    Section 402 of the Act adds sections 2002 and 2004 to the Omnibus 
Crime Control and Safe Streets Act of 1968, which purport to give 
``final authority'' to a subordinate of the Attorney General over 
certain grants, cooperative agreements, and contracts awarded by the 
subordinate's office and to allow the Attorney General to act on behalf 
of the President to give the subordinate a role representing the U.S. 
Government at the United Nations and other international fora. The 
executive branch shall construe sections 2002 and 2004 in a manner 
consistent with the President's constitutional authorities to supervise 
the unitary executive branch and to conduct the Nation's foreign affairs 
and, subject to those authorities, with the Secretary of State's 
authority pursuant to 22 U.S.C. section 2672.
    Section 2301(c) of the Act requires the Attorney General to ``devise 
a plan to implement recommendations of the General Accounting Office 
to'' accomplish goals specified in the statute. Consistent with the 
principles enunciated by the U.S. Supreme Court in 1983 in INS v. 
Chadha, the executive branch shall construe section 2301(c) as referring 
only to recommendations of the GAO in existence at the time of enactment 
of the Act and as requiring the devising of a plan and submission of a 
report on the plan, but not implementation of the plan.
    Section 2303(b) purports to give the Comptroller General, a 
legislative agent, a right of access to all relevant documents and 
information that the Comptroller General deems necessary in conducting a 
study required by the Act. The executive branch shall construe section 
2303(b) in a manner consistent with the constitutional authorities of 
the President to supervise the unitary executive branch and 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 2504 purports to require the Attorney General to conduct a 
prosecutor exchange program with a foreign country. The executive branch 
shall construe section 2504 in a manner consistent with the President's 
constitutional authorities to conduct the Nation's foreign affairs, 
participate in international negotiations, and supervise the unitary 
executive branch.
    Section 11015 of the Act purports to give U.S. Attorneys in certain 
circumstances ``exclusive authority'' to select an annuity broker for 
structured settlement purposes. The executive branch shall construe this 
section in a manner consistent with the President's constitutional 
authority to supervise the unitary executive branch.
    Section 11026(c) of the Act purports to require all Federal law 
enforcement agencies to comply with requests from the General Accounting 
Office for certain information in the course of GAO preparation of a 
report on crime statistics. The executive branch shall construe section 
11026(c) in a manner consistent with the constitutional authorities

[[Page 1973]]

of the President to supervise the unitary executive branch and 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.
                                                George W. Bush
The White House,
November 2, 2002.

Note: H.R. 2215, approved November 2, was assigned Public Law No. 107-
273. This statement was released by the Office of the Press Secretary on 
November 4.