[Weekly Compilation of Presidential Documents Volume 39, Number 45 (Monday, November 10, 2003)]
[Pages 1549-1550]
[Online from the Government Publishing Office, www.gpo.gov]

<R04>
Statement on Signing the Emergency Supplemental Appropriations Act for 
Defense and for the Reconstruction of Iraq and Afghanistan, 2004

November 6, 2003

    Today, I have signed into law H.R. 3289, the ``Emergency 
Supplemental Appropriations Act for Defense and for the Reconstruction 
of Iraq and Afghanistan, 2004.'' The Act supports our mission and our 
troops deployed in Iraq, Afghanistan, and elsewhere, which will better 
secure the safety of America and the world.
    Sections 1108 and 1113 of the Act prohibit the use of appropriated 
funds for certain activities unless the congressional defense committees 
receive advance notice. Although such advance notice can be provided in 
most situations as a matter of comity, situations may arise in which the 
President must act promptly pursuant to his constitutional 
responsibilities while protecting certain extraordinarily sensitive 
national security information. The executive branch shall construe these 
sections in a manner consistent with the constitutional authority of the 
President to classify and control access to information bearing on the 
national security.
    The Act incorrectly refers to the Coalition Provisional Authority 
(CPA) as if it were established pursuant to U.N. Security Council 
resolutions. The executive branch shall construe the provision to refer 
to the CPA as established under the laws of war for the occupation of 
Iraq.
    Section 2203(b)(2)(C) requires executive agency heads to furnish 
certain reports to the chairman and ranking minority member of ``[e]ach 
committee that the head of the executive agency determines has 
legislative jurisdiction for the operations of such department or agency 
to which the information related.'' The executive branch shall, as a 
matter of comity and for the very narrow purpose of determining to whom 
an agency will submit the report under this provision, determine the 
legislative jurisdiction of congressional committees.
    Section 2215(b)(4) of the Act calls for a report on ``the progress 
being made toward indicting and trying leaders of the former Iraqi 
regime for'' specified crimes. The executive branch shall construe the 
provision as calling for a report on the activities of the relevant 
systems of justice, and not on whether any given individual has 
committed any of the enumerated crimes, which is a matter to be 
determined by an appropriate tribunal according to applicable law.
    Title III of the Act creates an Inspector General (IG) of the CPA. 
Title III shall be construed in a manner consistent with the President's 
constitutional authorities to conduct the Nation's foreign affairs, to 
supervise the unitary executive branch, and as Commander in Chief of the 
Armed Forces. The CPA IG shall refrain from initiating, carrying out, or 
completing an audit or investigation, or from issuing a subpoena, which 
requires access to sensitive operation plans, intelligence matters, 
counterintelligence matters, ongoing criminal investigations by other 
administrative units of the Department of Defense related to national 
security, or other matters the disclosure of which would constitute a 
serious threat to national security. The Secretary of Defense may make 
exceptions to the foregoing direction in the public interest.
    Provisions of the Act that require disclosure of information, 
including section 3001(h)(4)(B) of the Act, shall be construed in a 
manner consistent with the President's constitutional authority to 
withhold information that could impair foreign relations, national 
security, the deliberative processes of the Executive, or the 
performance of the Executive's constitutional duties.
                                                George W. Bush
 The White House,
 November 6, 2003.

Note: H.R. 3289, approved November 6, was assigned Public Law No. 108-
106.

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