Weekly Compilation of Presidential Documents Monday, December 22, 2003 Volume 39—Number 51 Pages 1795–1833 VerDate jul 14 2003 14:00 Dec 23, 2003 Jkt 200250 PO 00000 Frm 00001 Fmt 1249 Sfmt 1249 E:\PRESDOCS\P51DEF4.019 P51DEF4 Contents Addresses to the Nation Directives—Continued Capture of Saddam Hussein—1799 National Preparedness—1822 Addresses and Remarks Executive Orders See also Bill Signings Appointments During National Emergency— North Carolina, 100th anniversary of the 1815 Wright brothers’ first flight at Kill Devil Hills—1813 Interviews With the News Media Radio address—1797 News conference, December 15—1800 Walter Reed Army Medical Center, remarks to medical personnel—1827 Joint Statements Bill Signings President Bush, President Chirac, and Chancellor Schroeder—1812 American Dream Downpayment Act, remarks—1810 Letters and Messages Intelligence Authorization Act for Fiscal Year Christmas 2003, message—1829 2004, statement—1798 Hanukkah 2003, message—1829 Syria Accountability and Lebanese Sovereignty Kwanzaa 2003, message—1829 Restoration Act of 2003, statement—1795 Vision 100—Century of Aviation Proclamations Reauthorization Act, statement—1795 Wright Brothers Day—1815 Communications to Congress Statements by the President Department of the Treasury’s Counterterrorism Fund, letter on providing See also Bill Signings funds—1826 Death of William V. Roth, Jr.—1800 Executive Order on Appointments During Kabul-Kandahar highway, completion—1812 National Emergency, letter reporting—1816 Senator John Breaux’s decision not to seek Iraq, letter transmitting report—1810 reelection—1810 Communications to Federal Agencies Supplementary Materials Determination to Authorize Drawdown for Acts approved by the President—1832 Afghanistan, memorandum—1813 Checklist of White House press releases— 1831 Directives Digest of other White House Critical Infrastructure Identification, announcements—1830 Prioritization, and Protection—1816 Nominations submitted to the Senate—1831 WEEKLY COMPILATION OF Distribution is made only by the Superintendent of Docu- PRESIDENTIAL DOCUMENTS ments, Government Printing Office, Washington, DC 20402. The Weekly Compilation of Presidential Documents will be furnished by mail to domestic subscribers for $80.00 per year Published every Monday by the Office of the Federal Reg- ($137.00 for mailing first class) and to foreign subscribers for ister, National Archives and Records Administration, Washing- $93.75 per year, payable to the Superintendent of Documents, ton, DC 20408, the Weekly Compilation of Presidential Docu- Government Printing Office, Washington, DC 20402. The ments contains statements, messages, and other Presidential charge for a single copy is $3.00 ($3.75 for foreign mailing). materials released by the White House during the preceding The Weekly Compilation of Presidential Documents is also week. available on the Internet on the GPO Access service at http:// The Weekly Compilation of Presidential Documents is pub- www.gpo.gov/nara/nara003.html. lished pursuant to the authority contained in the Federal Reg- ister Act (49 Stat. 500, as amended; 44 U.S.C. Ch. 15), under There are no restrictions on the republication of material regulations prescribed by the Administrative Committee of the appearing in the Weekly Compilation of Presidential Docu- Federal Register, approved by the President (37 FR 23607; ments. 1 CFR Part 10). VerDate jul 14 2003 14:00 Dec 23, 2003 Jkt 200250 PO 00000 Frm 00002 Fmt 1249 Sfmt 1249 E:\PRESDOCS\P51DEF4.019 P51DEF4 VerDate jul 14 2003 14:00 Dec 23, 2003 Jkt 200250 PO 00000 Frm 00003 Fmt 7969 Sfmt 7969 E:\PRESDOCS\P51DEF4.019 P51DEF4 newmail.eps Week Ending Friday, December 19, 2003 Statement on Signing the Syria of the Executive, or the performance of the Accountability and Lebanese Executive’s constitutional duties. Sovereignty Restoration Act of 2003 My approval of the Act does not constitute my adoption of the various statements of pol- December 12, 2003 icy in the Act as U.S. foreign policy. Given the Constitution’s commitment to the Presi- Today, I have signed into law H.R. 1828, dency of the authority to conduct the Na- the ‘‘Syria Accountability and Lebanese Sov- tion’s foreign affairs, the executive branch ereignty Restoration Act of 2003.’’ The Act shall construe such policy statements as advi- is intended to strengthen the ability of the sory, giving them the due weight that comity United States to conduct an effective foreign between the legislative and executive policy. branches should require, to the extent con- Section 5 of the Act purports to impose sistent with U.S. foreign policy. upon the President requirements to take cer- tain actions against Syria unless the President George W. Bush either determines and certifies to the Con- The White House, gress that the Government of Syria has taken December 12, 2003. specific actions, or determines that it is in the national security interest of the United States to waive such requirements and re- NOTE: H.R. 1828, approved December 12, was ports the reasons for that determination to assigned Public Law No. 108–175. This item was not received in time for publication in the appro- the Congress. A law cannot burden or in- priate issue. fringe the President’s exercise of a core con- stitutional power by attaching conditions precedent to the use of that power. The exec- Statement on Signing the Vision utive branch shall construe and implement 100—Century of Aviation section 5 in a manner consistent with the Reauthorization Act President’s constitutional authority to con- December 12, 2003 duct the Nation’s foreign affairs and as Com- mander in Chief, in particular with respect Today, I have signed into law H.R. 2115, to the conduct of foreign diplomats in the the ‘‘Vision 100—Century of Aviation Reau- United States, the conduct of United States thorization Act.’’ The Act is designed to diplomats abroad, and the exportation of strengthen America’s aviation sector, provide items and provision of services necessary to needed authority to the Federal Aviation Ad- the performance of official functions by ministration (FAA), and enhance the safety United States Government personnel of the traveling public. abroad. Subtitle A of title II of the Act amends Section 6 of the Act requires an officer section 106 of title 49 of the United States in the executive branch to furnish informa- Code to abolish the Air Traffic Services Sub- tion to the Congress on various subjects in- committee of the Federal Aviation Manage- volving Syria and terrorism. The executive ment Advisory Council and creates, separate branch shall construe section 6 in a manner from the Council, an Air Traffic Services consistent with the President’s constitutional Committee (ATSC). Section 106 as amended authority to withhold information the disclo- vests in the ATSC substantial governmental sure of which could impair foreign relations, authority, including the power to approve the national security, the deliberative processes FAA’s strategic plan for the air traffic control 1795 VerDate jul 14 2003 16:48 Dec 23, 2003 Jkt 203250 PO 00000 Frm 00001 Fmt 1244 Sfmt 1244 E:\PICKUP\P51DET4.019 P51DET4 1796 Dec. 12 / Administration of George W. Bush, 2003 system, certain large procurements, appoint- deadline and what actions it intends to take ment and pay of the FAA Chief Operating to complete the relevant matter. The execu- Officer, FAA major reorganizations, and the tive branch shall implement section 47171 FAA cost accounting and financial manage- in a manner and to the extent consistent with ment structure. Under section 106(p)(6)(C), the President’s constitutional authority to su- as amended, the members of the abolished pervise the unitary executive branch. Air Traffic Services Subcommittee of the The executive branch shall construe and Council automatically become the members implement section 323(b)(2) of the Act, relat- of the ATSC, but only to ‘‘serve in an advisory ing to certain disputes, in a manner con- capacity,’’ with the ATSC beginning to exer- sistent with the constitutional authority of the cise non-advisory authority when the ATSC President to supervise the unitary executive members have been appointed by the Presi- branch. dent by and with the advice and consent of The executive branch shall construe the the Senate. Accordingly, in light of section provisions of section 411(i) of the Act, con- 106(p)(6)(C), the executive branch shall con- cerning the provision of executive branch in- strue the provisions of section 106(p) and formation and records to the National Com- 106(r) that refer to approval or other non- mission on Small Community Air Service, in advisory functions of the ATSC to require, a manner consistent with the President’s con- from the date of enactment of the Act stitutional authority to withhold information through the date on which the last Senate- the disclosure of which could impair the for- confirmed Presidential appointment is made eign relations, the national security, the de- to the ATSC, only notice to the ATSC and liberative processes of the Executive, or the an opportunity for the ATSC to express its performance of the Executive’s constitutional views. duties. Section 106(p)(7)(B)(iii) of title 49, as en- acted by section 202 of the bill, purports to The executive branch shall construe and limit the qualifications of the pool of persons implement section 46111 of title 49, as en- from whom the President may select ATSC acted by section 601(a) of the Act, relating members in a manner that rules out a large to access to and use of classified information, portion of those persons best qualified by ex- in a manner consistent with the President’s perience and knowledge to fill the office. constitutional authority to classify and control Congressional participation in such appoint- access to information bearing on the national ments is limited by the Appointments Clause security. of the Constitution to the Senate’s provision The executive branch shall implement sec- of advice and consent with respect to Presi- tions 702 and 703 of the Act, which relate dential nominees.