For Immediate Release
Office of the Press Secretary
November 4, 2002
President Signs Justice Approps Authorization Act
Statement by the President
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, 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 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.
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