For Immediate Release
Office of the Press Secretary
November 6, 2003
Statement on H.R. 3289
Statement by the President
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 situa-tions 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
investiga-tions 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.
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