Today, I have signed into law H.R. 1828, the "Syria Accountability and Lebanese Sovereignty Restoration Act of 2003." The Act is intended to strengthen the ability of the United States to conduct an effective foreign policy.
Section 5 of the Act purports to impose upon the President requirements to take certain actions against Syria unless the President either determines and certifies to the Congress that the Government of Syria has taken specific actions, or determines that it is in the national security interest of the United States to waive such requirements and reports the reasons for that determination to the Congress. A law cannot burden or infringe the President's exercise of a core constitutional power by attaching conditions precedent to the use of that power. The executive branch shall construe and implement section 5 in a manner consistent with the President's constitutional authority to conduct the Nation's foreign affairs and as Commander in Chief, in particular with respect to the conduct of foreign diplomats in the United States, the conduct of United States diplomats abroad, and the exportation of items and provision of services necessary to the performance of official functions by United States Government personnel abroad.
Section 6 of the Act requires an officer in the executive branch to furnish information to the Congress on various subjects involving Syria and terrorism. The executive branch shall construe section 6 in a manner consistent with the President's constitutional authority to withhold information the disclosure of which could impair foreign relations, national security, the deliberative processes of the Executive, or the performance of the Executive's constitutional duties.
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,
December 12, 2003.
Sources: The White House