For Immediate Release
Office of the Press Secretary
September 30, 2002
Statement by the President
I have today signed into law H.R. 1646, the "Foreign Relations
Authorization Act, Fiscal Year 2003." This Act authorizes
appropriations, and provides important new authorities, for diplomatic
and related activities of the U.S. Government. Many provisions in the
Act will strengthen our ability to advance American interests around
the globe, including nonproliferation of weapons of mass destruction,
and to meet our international commitments, including those to the
United Nations. Regrettably, the Act contains a number of provisions
that impermissibly interfere with the constitutional functions of the
presidency in foreign affairs, including provisions that purport to
establish foreign policy that are of significant concern.
The executive branch shall construe as advisory the provisions of
the Act, including sections 408, 616, 621, 633, and 1343(b), that
purport to direct or burden the conduct of negotiations by the
executive branch with foreign governments, international organizations,
or other entities abroad or which purport to direct executive branch
officials to use the U.S. voice and vote in international organizations
to achieve specified foreign policy objectives. Such provisions, if
construed as mandatory rather than advisory, would impermissibly
interfere with the President's constitutional authorities to conduct
the Nation's foreign affairs, participate in international
negotiations, and supervise the unitary executive branch.
The executive branch shall also construe provisions in the Act that
mandate submission of information to the Congress or the public, such
as sections 204, 215, 603, 613(b), 615 and 1602, in a manner consistent
with the President's constitutional authority to withhold information
the disclosure of which could impair the foreign relations, the
national security, the deliberative processes of the Executive, or the
performance of the Executive's constitutional duties. The Secretary of
State will, of course, continue as a matter of comity to keep the
Congress appropriately informed of the Nation's foreign affairs
activities.
Several provisions of the Act, including sections 650, 1205(d)(5),
and 1501(7) call for executive branch officials to submit to the
Congress recommendations for legislation. The executive branch shall
implement these provisions in a manner consistent with the President's
constitutional authority to supervise the unitary executive branch and
to recommend to the Congress such measures as the President judges
necessary and expedient.
Section 214, concerning Jerusalem, impermissibly interferes with
the President's constitutional authority to conduct the Nation's
foreign affairs and to supervise the unitary executive branch.
Moreover, the purported direction in section 214 would, if construed as
mandatory rather than advisory, impermissibly
interfere with the President's constitutional authority to
formulate the position of the United States, speak for the Nation in
international affairs, and determine the terms on which recognition is
given to foreign states. U.S. policy regarding Jerusalem has not
changed.
The executive branch shall implement sections 325 and 687 in a
manner consistent with the equal protection requirements of the Due
Process Clause of the Fifth Amendment to the Constitution.
Section 505 of the Act excludes U.S. Government employees abroad
assigned to duty as correspondents for the Voice of America (VOA) from
the statutory responsibilities of the Secretary of State for security
of certain U.S. Government personnel abroad and of chiefs of U.S.
missions for direction of such personnel. Pursuant to the
constitutional authority of the President to conduct the Nation's
foreign affairs and to supervise the unitary executive branch, the
Secretary of State may provide such direction as may be necessary with
respect to the security and conduct of U.S. Government employees
abroad assigned to duty as VOA correspondents.
Section 604 purports to require the imposition of certain sanctions
on the Palestinian Liberation Organization or Palestinian Authority
based on the determinations that the President makes or fails to make
in the report provided for in section 603. Although a waiver authority
is also provided, I note that some of these sanctions, in particular
with respect to visas and the status of representational offices, bear
on the President's power with respect to the timing and nature of
diplomatic communications. Accordingly, I shall construe these
requirements in a manner consistent with my constitutional
responsibilities for the conduct of foreign affairs.
Section 645 of the Act purports to require the President to
implement a law through a particular subordinate officer in the
Department of Commerce. The executive branch shall implement this
provision in a manner consistent with the President's authority to
supervise the unitary executive branch, including the authority to
direct which officers in the executive branch shall assist the
President in faithfully executing the law.
Section 686 makes seven additional plaintiffs with judgments
against Iran eligible for payments under the Victims of Trafficking and
Violence Protection Act of 2000. While U.S. victims of international
terrorism are deserving of compensation in accordance with the law, the
continued piecemeal legislative approach that addresses some victims
and not others is neither equitable nor practicable. The Congress
should develop a compre-hensive proposal that provides compensation for
all victims, following the principles my Administration outlined in
June of this year. Such a proposal should not draw upon blocked assets
to fund victim compensation, so as to preserve the prerogatives of the
President in the area of foreign affairs.
Sections 321 and 322, which provide certain retirement benefits to
discrete groups of Federal employees, undermine fundamental principles
underlying Federal retirement systems. These sections introduce
serious inequities in the operation of those systems, and set
undesirable precedents. My Administration will submit to the Congress
appropriate legislation to repeal section 321 and to adopt remedial
legislation in lieu of section 322 that would not undermine the
integrity, equity, and sound funding principles of our Federal
retirement systems.
Section 1206 could be misconstrued to imply a change in the "one
China" policy of the United States when, in fact, that U.S. policy
remains unchanged. To the extent that this section could be read to
purport to change United States policy, it impermissibly interferes
with the President's constitutional authority to conduct the Nation's
foreign affairs.
Section 1406 of the Act requires that actions to remove items from
the munitions list be subject to reprogramming notifications to
committees of Congress. By its plain terms, this provision does not
subject such actions to any committee approval requirements, which
would be impermissible under the constitutional separation of powers,
and accordingly, the executive branch shall so implement it.
My approval of the Act does not constitute my adoption of the
various statements of policy in the Act as U.S. foreign policy. Given
the Constitution's commitment to the presidency of the authority to
conduct the Nation's foreign affairs, the executive branch shall
construe such policy statements as advisory, giving them the due weight
that comity between the legislative and executive branches should
require, to the extent consistent with U.S. foreign policy.
GEORGE W. BUSH
THE WHITE HOUSE,
September 30, 2002.
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