[Weekly Compilation of Presidential Documents Volume 38, Number 49 (Monday, December 9, 2002)]
[Pages 2114-2115]
[Online from the Government Publishing Office, www.gpo.gov]

<R04>
Statement on Signing the Bob Stump National Defense Authorization Act 
for Fiscal Year 2003

December 2, 2002

    Today I have signed into law H.R. 4546, the ``Bob Stump National 
Defense Authorization Act for Fiscal Year 2003.'' The Act authorizes the 
funding necessary to protect the United States and advance its interests 
abroad. In particular, it authorizes the resources necessary to continue 
the war against terrorists of global reach, to equip and train our Armed 
Forces for success in combat, and to support the members of the Armed 
Forces and their families with a substantial and fully merited increase 
in basic pay. The Act also grants new authorities to the Department of 
Defense that will assist in transforming the armed forces to meet future 
challenges.
    A number of provisions of the Act establish new requirements for the 
executive branch to furnish sensitive information to the Congress on 
various subjects, including sections 221, 1043, 1065 (enacting 10 U.S.C. 
127b(f)(2)(C)(ii) and (iii)), 1205, 1206, 1207, and 1209 (enacting 
section 722 of Public Law 104-293). The executive branch shall construe 
such provisions 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.
    Many provisions of the Act call for executive branch officials to 
submit recommendations and plans to the Congress, including sections 
112(b), 142(c), 221(c), 231 (enacting

[[Page 2115]]

10 U.S.C. 196), 234(c), 241(c)(3)(D), 366, 404(c), 513(e), 534(c), 582, 
721 (enacting 38 U.S.C. 8111(c)(4) and (f)(2)(C) and (F)), 723, 813, 
924, 1043(b)(2), 1061 (enacting 10 U.S.C. 113a), 1207, 1208 (enacting 
section 1503(b)(8) of Public Law 103-337), 3141(e), 3143, 3176(b)(4) and 
(d), and 3504(c)(4). The executive branch shall construe such provisions 
in a manner consistent with the President's constitutional authority to 
supervise the unitary executive branch. In addition, with respect to 
provisions that purport to require executive branch officials to submit 
legislative proposals to the Congress, including sections 513(e), 813, 
1061, and 3143, the executive branch also shall construe such provisions 
in a manner consistent with the President's constitutional authority to 
submit for the consideration of the Congress such measures as the 
President judges necessary and expedient.
    The executive branch shall construe section 133(2)(B) of the Act as 
requiring only notification to the Congress and not any form of 
congressional approval following notification, as any other construction 
would be inconsistent with the constitutional principles enunciated by 
the Supreme Court in 1983 in INS v. Chadha.
    The executive branch shall construe section 2308(e)(1) of title 10 
of the United States Code, as enacted by section 801 of the Act, as 
neither giving the force of law to any quantity set forth in a table, 
chart, or explanatory text in a joint explanatory statement of a House-
Senate committee of conference or in any congressional committee report, 
nor requiring the exercise of waiver authority under section 2308 to 
acquire more than a quantity specified in such a table, chart, or 
explanatory text. Construing the section otherwise would not be 
consistent with the bicameralism and presentment requirements of the 
Constitution for the making of a law.
    The executive branch shall implement section 2323 of title 10 of the 
United States Code, as extended through fiscal year 2006 by section 816 
of the Act, in a manner consistent with the equal protection 
requirements of the Due Process Clause of the Fifth Amendment to the 
Constitution.
    Section 242 of the Act vests authority to direct the provision of 
funds for designated projects, and to select certain projects for 
funding, in an official who is to be designated by the Under Secretary 
of Defense for Acquisition, Technology, and Logistics. Under the 
Constitution, such authority should be exercised only by officers of the 
United States appointed in accordance with the provisions of the 
Appointments Clause. Accordingly, the Secretary of Defense shall ensure 
that the official designated by the Under Secretary under this section 
is a duly appointed constitutional officer or that the official's 
exercise of the authority vested is supervised and reviewed by the Under 
Secretary or another appropriate constitutional officer.
    Finally, the executive branch shall construe sections 3155, 3156, 
and 3160, which purport to require executive branch officials to conduct 
programs with a foreign country, in a manner consistent with the 
President's constitutional authority to conduct the foreign affairs of 
the United States.
                                                George W. Bush
The White House,
December 2, 2002.

Note: H.R. 4546, approved December 2, was assigned Public Law No. 107-
314.