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Administration of George W. Bush, 2002 / Nov. 4 1971 And Rick is what I’m talking about. See, Justice Appropriations Authorization Act.’’ all of us can be a soldier in the army of com- The Act grants and amends statutory authori- passion here in America. Many of you are, ties relating to Federal law enforcement ac- and I want to thank you for what you’re tivities and authorizes appropriations for the doing. Department of Justice. No, out of the evil done to this country Section 202 of the Act adds a new section is going to come some great good. And the 530D to title 28, United States Code, that American spirit is strong and alive. It’s a spirit purports to impose on the executive branch that says, when it comes to the defense of substantial obligations for reporting to the our freedoms, we’ll defend them. It also says Congress activities of the Department of Jus- that being a patriot means you serve some- tice involving challenges to or nonenforce- thing greater than yourself. ment of law that conflicts with the Constitu- Flight 93 comes to mind when I’m think- tion. The executive branch shall construe sec- ing about the American spirit. Citizens were tion 530D of title 28, and related provisions flying across the country on that fateful day. in section 202 of the Act, in a manner con- They heard the airplane was going to be used sistent with the constitutional authorities of as a weapon. They realized this plane was the President to supervise the unitary execu- going to crash into the ground and kill. They tive branch and to withhold information the told their loved ones goodbye. They said a disclosure of which could impair foreign rela- prayer. A guy said, ‘‘Let’s roll.’’ They took tions, the national security, the deliberative the plane into the ground to serve something processes of the Executive, or the perform- greater than themselves in life. The Amer- ance of the Executive’s constitutional duties. ican spirit is strong and alive in America To implement section 202(b)(3) of the Act, today. the Attorney General, on my behalf, shall ad- It is alive and well because of values such vise the heads of executive agencies of the as those South Dakota values. It is alive and enactment of section 202 and of this direc- well. It allows me to boldly predict that out tion concerning construction of that section of the evil done to America will come peace and section 530D of title 28. Furthermore, in the world and a better, more hopeful section 202(a) requires that the President re- America here at home. port to the Congress the issuance of any ‘‘un- And I can say that with certainty, because classified Executive Order or similar memo- this is the greatest nation, full of the finest randum or order’’ that establishes or imple- people on the face of this Earth. I’m honored ments a policy of intra-circuit non-acquies- you’d be here tonight. Thank you for sup- cence or of refraining from enforcing, apply- porting John. May God bless you, and may ing, or administering a Federal statute, rule, God bless America. regulation, program, or policy on the ground NOTE: The President spoke at 7:25 p.m. at the that it is unconstitutional. Based upon the Sioux Falls Convention Center. In his remarks, text and structure of this section, the execu- he referred to Representative John R. Thune, sen- tive branch shall construe this reporting obli- atorial candidate, his wife, Kimberley, and their gation to cover only unclassified orders in daughters, Brittany and Larissa; Gov. Bill Janklow writing that are officially promulgated and of South Dakota, candidate for Representative At Large from South Dakota; gubernatorial can- are not included in the reports of the Attor- didate Mike Rounds; and President Saddam Hus- ney General or other Federal officers to sein of Iraq. whom this section applies. Section 205(b) of the Act amends section 1913 of title 18, United States Code, relating Statement on Signing the 21st to use of Federal appropriated funds for cer- Century Department of Justice tain advocacy activities. Section 1913, as Appropriations Authorization Act amended, does not prohibit the making of November 2, 2002 any communication whose prohibition by section 1913 ‘‘might, in the opinion of the Today I have signed into law H.R. 2215, Attorney General, violate the Constitution or entitled the ‘‘21st Century Department of interfere with the conduct of foreign policy, 1972 Nov. 4 / Administration of George W. Bush, 2002 counter-intelligence, intelligence, or national Section 2301(c) of the Act requires the At- security activities.’’ This provision will ac- torney General to ‘‘devise a plan to imple- cordingly be interpreted to avoid applications ment recommendations of the General Ac- that might violate the Constitution or inter- counting Office to’’ accomplish goals speci- fere with foreign policy and other functions. fied in the statute. Consistent with the prin- Further, the executive branch shall construe ciples enunciated by the U.S. Supreme Court section 1913 as amended in a manner con- in 1983 in INS v. Chadha, the executive sistent with the President’s constitutional au- branch shall construe section 2301(c) as re- thority to conduct the Nation’s foreign af- ferring only to recommendations of the GAO fairs, to supervise the unitary executive in existence at the time of enactment of the branch, and to recommend to the consider- Act and as requiring the devising of a plan ation of the Congress such measures as the and submission of a report on the plan, but President shall judge necessary and expe- not implementation of the plan. dient. Finally, section 1913 states that ‘‘viola- Section 2303(b) purports to give the tions of this section shall constitute violations Comptroller General, a legislative agent, a of section 1352(a) of title 31.’’ The only rea- right of access to all relevant documents and sonable construction of this statutory lan- information that the Comptroller General guage is that it makes applicable the penalties deems necessary in conducting a study re- set forth in section 1352(a) to violations of quired by the Act. The executive branch shall section 1913, and the executive branch shall construe section 2303(b) in a manner con- construe this provision accordingly. sistent with the constitutional authorities of Provisions in the Act, including sections the President to supervise the unitary execu- 207(d), 309, and 11025(a), purport to require tive branch and to withhold information the executive branch officials to submit to the disclosure of which could impair foreign rela- Congress plans for internal executive branch tions, the national security, the deliberative activities or recommendations relating to leg- processes of the Executive, or the perform- islation. The executive branch shall construe ance of the Executive’s constitutional duties. such provisions in a manner consistent with Section 2504 purports to require the Attor- the President’s constitutional authorities to ney General to conduct a prosecutor ex- supervise the unitary executive branch and change program with a foreign country. The to recommend for the consideration of the executive branch shall construe section 2504 Congress such measures as the President in a manner consistent with the President’s judges necessary and expedient. constitutional authorities to conduct the Na- Section 402 of the Act adds sections 2002 tion’s foreign affairs, participate in inter- and 2004 to the Omnibus Crime Control and national negotiations, and supervise the uni- Safe Streets Act of 1968, which purport to tary executive branch. give ‘‘final authority’’ to a subordinate of the Section 11015 of the Act purports to give Attorney General over certain grants, coop- U.S. Attorneys in certain circumstances ‘‘ex- erative agreements, and contracts awarded clusive authority’’ to select an annuity broker by the subordinate’s office and to allow the for structured settlement purposes. The ex- Attorney General to act on behalf of the ecutive branch shall construe this section in President to give the subordinate a role rep- a manner consistent with the President’s con- resenting the U.S. Government at the United stitutional authority to supervise the unitary Nations and other international fora. The ex- executive branch. ecutive branch shall construe sections 2002 Section 11026(c) of the Act purports to re- and 2004 in a manner consistent with the quire all Federal law enforcement agencies President’s constitutional authorities to su- to comply with requests from the General pervise the unitary executive branch and to Accounting Office for certain information in conduct the Nation’s foreign affairs and, sub- the course of GAO preparation of a report ject to those authorities, with the Secretary on crime statistics. The executive branch of State’s authority pursuant to 22 U.S.C. sec- shall construe section 11026(c) in a manner tion 2672. consistent with the constitutional authorities Administration of George W. Bush, 2002 / Nov. 4 1973 of the President to supervise the unitary ex- to be your Governor. Greg Ganske is the ecutive branch and to withhold information right man to represent you in the United the disclosure of which could impair foreign States Senate. relations, the national security, the delibera- We’ve got two other candidates—three tive processes of the Executive, or the per- other candidates here today, running for formance of the Executive’s constitutional Congress, a good man named Jim Nussle, duties. Tom Latham and Stan Thompson. They’re George W. Bush all running, and they’re good folks, good, honorable folks. The White House, So I want to thank you all for coming.

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