Statement on Signing the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 2002

Statement on Signing the Foreign Operations, Export Financing, and
Related Programs Appropriations Act, 2002

January 10, 2002

Today I have signed into law H.R. 2506, the ``Foreign Operations,
Export Financing, and Related Programs Appropriations Act, 2002.'' The
Act provides the funds needed to support U.S. foreign policy objectives
abroad and reflects the restraint on spending that has been a key goal
of my Administration.
I appreciate the bipartisan effort that has gone into producing this
Act. It abides by the agreed upon aggregate funding level for Fiscal
Year 2002 of $686 billion. The Act will provide $15.4 billion, largely
along the lines of my request, and includes essential funding to support
America's war on terrorism. The Act supports such key Administration
initiatives as the campaign against HIV/AIDS, with up to $100 million
available for the global fund to fight HIV/AIDS, malaria, and
tuberculosis and an additional $100 million is also provided by the
Departments of Labor, Health and Human Services, and Education, and
Related Agencies Appropriations Act.
I also welcome the additional flexibility that the Act provides
through the reduction in earmarks and added waiver authorities,
including the changes to the annual counternarcotics certification
process and the waiver provision allowing me the flexibility to provide
additional assistance to Azerbaijan. This flexibility will allow my
Administration to meet the diplomatic requirements stemming from the
September 11th attacks, as well as

to continue to address the ever-changing foreign policy challenges we
face.
The Act does not interfere with our policies regarding bilateral
international family planning assistance, and ensures that U.S. funds
are not made available to organizations supporting or participating in
the management of a program of coercive abortion or involuntary
sterilization. The Act provides additional discretion to determine the
appropriate level of funding for the United Nations Population Fund.
Several provisions of the Act purport to direct or burden the
conduct of negotiations by the executive branch with foreign
governments, international organizations, or other entities abroad, or
otherwise interfere with the President's constitutional authority to
conduct the Nation's foreign affairs. These include sections 514, 560,
and 581(a), and the appropriations heading related to the International
Development Association, which purport to direct the Secretary of the
Treasury to require the U.S. representatives to take particular
positions for the United States in international organizations or
require the Secretary to accord priority to a particular objective in
negotiations with such an organization. Another such provision is
section 567(b), which purports to direct the Secretary of State to
consult certain international organizations in determining the state of
events abroad. These provisions shall be construed consistent with my
constitutional authorities to conduct foreign affairs, participate in
international negotiations, and supervise the executive branch.
Section 573 of the Act calls for the Department of State to provide
regular and detailed briefings to congressional committees on any
discussions between the executive branch and a particular government
abroad on any potential purchase of defense articles or defense services
by that government. This provision shall be construed as advisory only,
given the constitutional powers of the President to supervise the
executive branch and to conduct the Nation's foreign affairs, which
includes the authority to determine what information about international
negotiations may, in the public interest, be made available to the
Congress and when such disclosure should occur. The Secretary of State
will, however, as a matter of comity between the executive and
legislative branches, keep the Congress appropriately informed of the
matters addressed by section 573.
Finally, section 577 requires that the President direct executive
agencies possessing information relevant to specified deaths abroad to
declassify and release that information. I will direct the Attorney
General to coordinate the implementation of this section within the
executive branch, so as to produce the requested information in a manner
consistent with my constitutional and statutory responsibilities to
protect various kinds of sensitive information.
Many provisions of the Act make funds available for particular
purposes subject to, in accordance with, or under ``the regular
notification procedures of the Committee on Appropriations.'' The
executive branch shall construe the reference to the ``regular
notification procedures'' to be a reference to the procedures in section
515 of the Act.
George W. Bush
The White House,
January 10, 2002.