Text of the Signing Statement from the White House
For Immediate Release
Office of the Press Secretary
January 6, 2006
President's Statement on H.R. 1815, the "National Defense Authorization Act for Fiscal Year 2006"
Today, I have signed into law H.R. 1815, the "National Defense Authorization Act for Fiscal Year 2006." The Act authorizes funding for the defense of the United States and its interests abroad, for military construction, and for national security related energy programs.
Several provisions of the Act, including sections 352, 360, 403, 562, 818, and 2822, call for executive branch officials to submit to the Congress proposals for legislation, including budget proposals for enactment of appropriations, or purport to regulate or require disclosure of the manner in which the President formulates recommendations to the Congress for legislation. The executive branch shall implement these provisions in a manner consistent with the President's constitutional authority to supervise the unitary executive branch and to recommend for the consideration of the Congress such measures as the President judges necessary and expedient. Also, the executive branch shall construe section 1206(d) of the Act, which purports to regulate formulation by executive branch officials of proposed programs for the President to direct, in a manner consistent with the President's constitutional authority to supervise the unitary executive branch and to require the opinions of heads of executive departments. In addition, the executive branch shall construe section 1513(d) of the Act, which purports to make consultation with specified Members of Congress a precondition to the execution of the law, as calling for but not mandating such consultation, as is consistent with the Constitution's provisions concerning the separate powers of the Congress to legislate and the President to execute the laws.
A number of provisions of the Act, including sections 905, 932, 1004, 1212, 1224, 1227, and 1304, call for the executive branch to furnish information to the Congress on various subjects. The executive branch shall construe such provisions 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.
Section 1222 of the Act refers to a joint explanatory statement of a committee of conference on a bill as if the statement had the force of law. The executive branch shall construe the provision in a manner consistent with the bicameral passage and presentment requirements of the Constitution for the making of a law.
The provisions in Title XIV in Division A of the Act are identical, except for a punctuation change in section 1405(b)(1)(B) and revisions in section 1406, to the corresponding provisions in Title X of Division A of the Department of Defense, Emergency Supplemental Appropriations to Address Hurricanes in the Gulf of Mexico, and Pandemic Influenza Act, 2006 (H.R. 2863 of the 109th Congress)(Public Law 109 148). The statement I issued upon signing H.R. 2863 into law on December 30, 2005, is incorporated herein by reference insofar as that statement referred to Title X of Division A of that Act.
GEORGE W. BUSH
THE WHITE HOUSE,
January 6, 2006.
Text of the Signing Statement from the GPO - 42 WCPD 23 (1/16/06)
Text of the Affected Law - P.L. 109-163 (H.R. 1815)
The law to which this signing statement applies is:
H.R. 1815, the "National Defense Authorization Act for Fiscal Year 2006" -- Public Law 109-163 -- 119 STAT 3136
To read the law, select one of the links below:
Related Presidential Documents
1. Memorandum for Secretary of State, Secretary of Defense, Secretary of Energy, and Director of National Intelligence (SUBJECT: Assignment of Certain Functions Related to the Use of Cooperative Threat Reduction Funds for States Outside the Former Soviet Union): 71 Fed. Reg. 36435 (June 26, 2006)
2. Memorandum for the Secretary of State, The Secretary of Defense, The Director of the Office of Management and Budget, May 5, 2006 (SUBJECT: Certain Programs to Build the Capacity of Foreign Military Forces and Related Reporting Requirements): 71 Fed. Reg. 28755 (May 17, 2006)
3. Memorandum for the Secretary of State (SUBJECT: Assignment of Reporting Function on Iraq Policy Under the National Defense Authorization Act for Fiscal Year 2006): 71 Fed. Reg. 19427 (April 14, 2006)
4. Statement of Administration Policy, H.R. 1815 - National Defense Authorization Act for Fiscal Year 2006 (May 25, 2005) (source: White House web site)
5 . Memorandum from the President, to the Vice President et al., Humane Treatment of al Qaeda and Taliban Detainees (February 7, 2002) (source: Pace University Law School Library)
Related Executive Branch Documents
1. Department of Defense, Manual for Courts-Martial, Proposed Amendments: 71 Fed. Reg. 45780 (August 10, 2006) (certain amendments proposed for consistency with P.L. 109-163)
2. Department of Defense, Report On Predatory Lending Practices Directed at Members of the Armed Forces and Their Dependents (August 9, 2006) (source: DOD web site).
3. Church Report Executive Summary, Department of Defense internal review of prisoner interrogation policies in war on terrorism, unclassified (March 10, 2005) (source Department of Defense web site accessed through the U.S. Senate web site)
Related Congressional Documents
1. Senator Patrick Leahy, Remarks on Voting Rights Act Reauthorization and Amendments Act of 2006, Congressional Record, Senate S8781 (August 3, 2006) (following up on remarks of July 28, 2006) (source: GPO web site)
2. Senator Patrick Leahy, Remarks on Presidential Signing Statements, Congressional Record, Senate S8404 (July 28, 2006) (source: GPO web site)
3. Senator Dick Durbin, Remarks on Guantanamo Bay, Congressional Record S. 7290 (July 11, 2006) (remarking on "flaws in the [Bush] administration's interrogation and detention policies," including the signing statement for 109-148 as it affects treatment of detainees in Guantanamo Bay") (source: GPO web site)
4. Representative John Conyers, Remarks Upon Entering a Media Article Concerning Presidential Signing Statements into the Record, Congressional Record E1336 (June 29, 2006) (brief remark on the signing statement for PL 109-148 before entering "Power Grab", by Elizabth Drew into the record) (source: GPO web site)
5. Representative Edward Markey, Remarks Concerning H.R.5631, the Department of Defense Appropriations Act, 2007, Congressional Record, H4253 (June 20, 2006) (discussing, at p. H4275,the signing statement for the Detainee Treatment Act (P.L. 109-148)) (source: GPO web site)
6. Hearing Before the Committee on the Judiciary, House of Representatives, 109th Congress, 2nd Session, Serial No. 109–137 (April 6, 2006) (Rep. Delahunt (D-Ma) questioning Attorney General Alberto Gonzales concerning the signing statement for the Patriot Act reauthorization and the McCain anti-torture amendment) (source: GPO web site) (see pp. 40 et seq.)
7. S. HRG. 109–524 -- An Examination of the Call to Censure the President: Hearing Before the Committee On The Judiciary United States Senate, One Hundred Ninth Congress Second Session (March 31, 2006) Serial No. J–109–66 (source: GPO web site) (Senate hearing discussing signing statements generally and the signing statement for the Detainee Treatment Act)
8. S. Hrg. 109–500: Wartime Executive Power and the National Security Agency’s Surveillance Authority Hearings Before the Committee on the Judiciary United States Senate, 109th Congress, Second Session Serial No. J–109–59 (February 6, February 28, and March 28, 2006) (extensive discussion of: (a) executive authority to conduct surveillance and the FISA Act, and (b) signing statements generally and the signing statement for P.L. 109-148 particularly by Senators Specter, Graham, and Leahy and Attorney General Gonzales) (Note -- this file is large -- 37 MB and 906 pages) (source: GPO web site)
9. Joint Statement by Senator John W. Warner, R-Va., Chairman, Senate Armed Services Committee, and Senator John McCain, R-Ariz.: Presidential Signing Statement on Detainee Provisions (January 4, 2006) (source: John Warner's Senate web site (HTML converted to PDF))
Congressional Research Service
1. CRS Report for Congress RL31367: Treatment of “Battlefield Detainees” in the War on Terrorism (November 14, 2006) (source: U.S. Department of State web site)
2. CRS Report for Congress RL33655, Interrogation of Detainees: Overview of the McCain Amendment (updated September 25, 2006) (source: Federation of American Scientists)
3. CRS Report for Congress RL33643, Undisclosed U.S. Detention Sites Overseas: Background and Legal Issues (September 12, 2006) (source: U.S. Department of State web site)
4. CRS Report for Congress RS22466, Hamdan v. Rumsfeld: Military Commissions in the “Global War on Terrorism” (July 6, 2006) (source: U.S. Department of State web site)
5. CRS Report for Congress RL31367: Treatment of “Battlefield Detainees” in the War on Terrorism (March 27, 2006) (source: U.S. Department of State web site)
6. CRS Report for Congress, OC- RL32438: U.N. Convention Against Torture (CAT): Overview and Application to Interrogation Techniques (updated January 25, 2006) (discusses "unitary executive" and the signing for P.L. 109-148 and P.L. 109-163 with respect to provisions prohibiting torture) (source: University of North Texas)
7. CRS Report for Congress RL32890 -- Renditions: Constraints Imposed by Laws on Torture (April 28, 2005) (source: Thurgood Marshall School of Law Library, U. Maryland)
GAO Documents
GAO Report 06-914 to Congressional Committees: Defense Infrastructure - Actions Taken to Improve the Management of Utility Privatization, but Some Concerns Remain (September 5, 2006) (source: GAO web site)
Related Court Documents
1. Hamdan v. Rumsfeld , No. 185-04 (S. Ct. Slip Opinion, June 29, 2006). See pages 114-115 of the slip opinion. (source: United States Supreme Court web site) (Justice Antonin Scalia quoted the signing statement for P.L. 109-148 in footnote 5 of his dissent)
2. Hamdan v. Rumsfeld, 415 F.3d 33 (D.C. Cir. Ct. App. 2005) (reversed and remanded by the Supreme Court on June 29, 2006) (discussion of weight of presidential interpretation) (source: web site of the U.S. Courts of Appeals for the District of Columbia)
3. Hamdan v. Rumsfeld, 344 F. Supp. 2d 152 (D.C.D.C. 2004) (source: web site of the U.S. District Court for the District of Columbia) (discussion of "inherent" powers of president)
Other Documents
Situation of detainees at Guantánamo Bay: Report of the Chairperson-Rapporteur of the Working Group on Arbitrary Detention, et al, United Nations Commission on Human Rights, Economic and Social Council: E/CN.4/2006/120 (27 February 2006) (source: web site of the Office of the United Nations High Commissioner for Human Rights)
Signing Statement for H.R. 972, the "Trafficking Victims Protection Reauthorization Act of 2005" (P.L. 109-164)
Text of the Signing Statement from the White House
For Immediate Release
Office of the Press Secretary
January 10, 2006
President's Statement on H.R. 972, the "Trafficking Victims Protection Reauthorization Act of 2005"
Today, I have signed into law H.R. 972, the "Trafficking Victims Protection Reauthorization Act of 2005." This Act enhances our ability to combat trafficking in persons by extending and improving prosecutorial and diplomatic tools, and also adds new protections for victims.
Section 104(e)(2) purports to require the Secretary of State, prior to voting for a new or reauthorized peacekeeping mission under the auspices of a multilateral organization (or, in an emergency, as far in advance as is practicable), to submit to the Congress a specific report. The executive branch shall construe this reporting requirement in a manner consistent with the President's constitutional authority as Commander in Chief and the President's constitutional authority to conduct the Nation's foreign affairs.
GEORGE W. BUSH
THE WHITE HOUSE,
January 10, 2006.
Text of the Signing Statement from the GPO - 42 WCPD 39 (1/16/06)
Text of the Affected Law - (P.L. 109-164) (H.R. 972)
The law to which this signing statement applies is:
H.R. 972, the "Trafficking Victims Protection Reauthorization Act of 2005" -- Public Law 109-164 -- 119 STAT 3558
To read the law, select one of the links below:
Related Presidential Documents
1. Executive Order 13333: Amending Executive Order 13257 to Implement the Trafficking Victims Protection Reauthorization Act of 2003 (March 18, 2004): 69 Fed. Reg. 13455 (March 23, 2004)
2. Presidential Determination No. 2004-46 of September 10, 2004, Presidential Determination with Respect to Foreign Governments' Efforts Regarding Trafficking in Persons, Memorandum for the Secretary of State (September 10, 2004): 69 Fed. Reg. 56155 (September 20, 2004)
3. Presidential Determination No. 2003-35 of September 9, 2003, Presidential Determination with Respect to Foreign Governments' Efforts Regarding Trafficking in Persons, Memorandum for the Secretary of State: 68 Fed. Reg. 53871 (September 25, 2003)
4. Statement of Administration Policy, H.R. 972 - Trafficking Victims Protection Reauthorization Act of 2005 (December 14, 2005) (source: White House web site)
GAO DocumentsGAO-06-825: Report to the Chairman, Committee on the Judiciary and the Chairman, Committee on International Relations, House of Representatives, Human Trafficking: Better Data, Strategy, and Reporting Needed to Enhance U.S. Antitrafficking Efforts Abroad (July 2006) (source: GAO web site)
Signing Statement for S. 1932, the "Deficit Reduction Act of 2005" (P.L. 109-171)
Text of the Signing Statement from the White House
For Immediate Release
Office of the Press Secretary
February 8, 2006
President's Statement on Signing the "Deficit Reduction Act of 2005"
Today, I have signed into law S. 1932, the "Deficit Reduction Act of 2005." The Act reduces unnecessary spending of taxpayer dollars, reflecting a commitment to fiscal responsibility.
The executive branch shall construe section 1936(d)(2) of the Social Security Act as enacted by section 6034 of the Act, which purports to make consultation with a legislative agent a precondition to execution of the law, to call for but not mandate such consultation, as is consistent with the Constitution's provisions concerning the separate powers of the Congress to legislate and the President to execute the laws.
Sections 5006(b) and 5008(c) of the Act, and section 401A(a)(2)(C) of the Higher Education Act of 1965 as enacted by section 8003 of the Act, call for executive branch officials to submit legislative recommendations to the Congress. The executive branch shall construe such provisions in a manner consistent with the constitutional authority of the President to supervise the unitary executive branch and to recommend for congressional consideration such measures as the President shall judge necessary and expedient.
GEORGE W. BUSH
THE WHITE HOUSE,
February 8, 2006.
Text of the Signing Statement from the GPO - 42 WCPD 215 (2/13/06)
Text of the Affected Law - P.L. 109-171 (S. 1932)
The law to which this signing statement applies is:
S. 1932, the "Deficit Reduction Act of 2005" -- Public Law 110-171 -- 120 STAT 4
To read the law, select one of the links below:
Related Presidential DocumentsStatement of Administration Policy, S. 1932 - Deficit Reduction Omnibus Reconciliation Act of 2005 (November 1, 2005) (source: White House web site)
Signing Statement for H.R. 3199, the "USA PATRIOT Improvement and Reauthorization Act of 2005" (P.L. 109-177) and S. 2271, the "USA PATRIOT Act Additional Reauthorizing Amendments Act of 2006" (P.L. 109-178)
Text of the Signing Statement from the White House
For Immediate Release
Office of the Press Secretary
March 9, 2006
President's Statement on H.R. 199, the "USA PATRIOT Improvement and Reauthorization Act of 2005"
Today, I have signed into law H.R. 3199, the "USA PATRIOT Improvement and Reauthorization Act of 2005," and then S. 2271, the "USA PATRIOT Act Additional Reauthorizing Amendments Act of 2006." The bills will help us continue to fight terrorism effectively and to combat the use of the illegal drug methamphetamine that is ruining too many lives.
The executive branch shall construe the provisions of H.R. 3199 that call for furnishing information to entities outside the executive branch, such as sections 106A and 119, in a manner consistent with the President's constitutional authority to supervise the unitary executive branch and 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.
The executive branch shall construe section 756(e)(2) of H.R. 3199, which calls for an executive branch official to submit to the Congress recommendations for legislative action, in a manner consistent with the President's constitutional authority to supervise the unitary executive branch and to recommend for the consideration of the Congress such measures as he judges necessary and expedient.
GEORGE W. BUSH
THE WHITE HOUSE,
March 9, 2006.
Text of the Signing Statement from the GPO - 42 WCPD 425 (3/13/06)
Text of the same signing statement from the Weekly Compilation of Presidential Documents published by the Government Printing Office (GPO) (click links to see text)
Text of the Affected Laws - P.L. 109-177 and P.L. 109-178
This signing statement applies to two enactments :
H.R. 3199, the "USA PATRIOT Improvement and Reauthorization Act of 2005" -- Public Law 109-177 -- 120 STAT 192
a. Plain text at the GPO's Public and Private Laws
Related Presidential Documents
Related Executive Branch Documents Related Congressional Documents1. Senator Patrick Leahy, Remarks Concerning Presidential Signing Statements, Congressional Record, Senate S8189 (July 25, 2006) (directly discussing the signing statement for P.L. 109-177 and 109-178) (source: GPO web site)
2. Hearing Before the Committee on the Judiciary, House of Representatives, 109th Congress, 2nd Session, Serial No. 109–137 (April 6, 2006) (Rep. Delahunt (D-Ma) questioning Attorney General Alberto Gonzales concerning the signing statement for the Patriot Act reauthorization and the McCain anti-torture amendment) (source: GPO web site) (see pp. 40 et seq.)
3. Letter to Attorney General Gonzales, Objection to the President’s "signing statement" issued with the USA Patriot Improvement and Reauthorization Act of 2005, issued by John Conyers, Jr., Ranking Member, House Judiciary Committee, and Jane Harman, Ranking Member, House Intelligence Committee (March 27, 2006) (source: House of Representatives website)
Congressional Research Service1. CRS Report for Congress OC- RL33391: Federal Habeas Corpus: A Brief Legal Overview (April 26, 2006) (some discussion of the Hamdan case and P.L. 109-177 and 109-163 and availability of habeas to detainees in Guantanamo) (source: University of North Texas)
2. CRS Report for Congress OC-RL33239: USA PATRIOT Improvement and Reauthorization Act of 2005 (H.R. 3199): A Legal Analysis of the Conference Bill (January 17, 2006) (source: University of North Texas)
3. CRS Report for Congress RL33210, USA PATRIOT Improvement and Reauthorization Act of 2005 (H.R. 3199): A Side-by-Side Comparison of Existing Law, H.R. 3199 (Conference), and H.R. 3199 (Senate Passed) (December 28, 2005) (source: U.S. Department of State web site)
Signing Statement for S. 1869, the Coastal Barrier Resources Reauthorization Act of 2005 (P.L. 109-226)
Text of the Signing Statement from the White House
For Immediate Release
Office of the Press Secretary
May 25, 2006
President's Statement on S. 1869, the "Coastal Barrier Resources Reauthorization Act of 2005"
Today I have signed into law S. 1869, the "Coastal Barrier Resources Reauthorization Act of 2005." This Act provides for digital mapping in support of the coastal barrier resources system and authorizes appropriations through fiscal year 2010 for implementation of the Coastal Barrier Resources Act.
Section 3(c)(2) and section 4(c)(3)(C) and (D) purport to require executive branch officials to submit legislative recommendations to the Congress. The executive branch shall construe such provisions in a manner consistent with the Constitution's commitment to the President of the authority to submit for the consideration of the Congress such measures as the President judges necessary and expedient and to supervise the unitary executive branch.
GEORGE W. BUSH
THE WHITE HOUSE,
May 25, 2006.
Text of the Signing Statement from the GPO - 42 WCPD 1019 (5/29/06)
Text of the Affected Law - P.L. 109-226 (S. 1869)
The law to which this signing statement applies is:
S. 1869, the Coastal Barrier Resources Reauthorization Act of 2005 -- Public Law 109-226 -- 120 STAT 381
To read the law, select one of the links below:
Signing Statement for H.R. 4939, the Emergency Supplemental Appropriations Act for Defense, the Global War on Terror, and Hurricane Recovery, 2006 (P.L. 109-234)
Text of the Signing Statement from the White House
For Immediate Release
Office of the Press Secretary
June 15, 2006
President's Statement on Signing of Emergency Supplemental Appropriations Act for Defense, the Global War on Terror, and Hurricane Recovery, 2006
June 15, 2006
Today, I have signed into law H.R. 4939, the "Emergency Supplemental Appropriations Act for Defense, the Global War on Terror, and Hurricane Recovery, 2006." The Act provides additional resources needed to fight the war on terror, help citizens of the Gulf States recover from devastating hurricanes, and protect Americans from a potential influenza pandemic.
Sections 1209 and 2202 of the Act prohibit use of certain funds appropriated in the Act to initiate new start programs unless the congressional defense committees receive advance written notice. The Supreme Court of the United States has stated that the President's authority to classify and control access to information bearing on the national security flows from the Constitution and does not depend upon a legislative grant of authority. Although the advance notice contemplated by sections 1209 and 2202 can be provided in most situations as a matter of comity, situations may arise, especially in wartime, in which the President must act promptly under his constitutional grants of executive power and authority as Commander in Chief of the Armed Forces 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.
Subsection 1304(a) of the Act amends section 550 of Public Law 109-102 to purport to require the President to consult with committees of the Congress prior to exercising authority granted to the President by section 550. Subsection 1304(b) purports to require the Secretary of State to consult such committees prior to exercising authority under that provision. Because the President's constitutional authority to supervise the unitary executive branch and take care that the laws be faithfully executed cannot be made by law subject to a requirement to consult with congressional committees or to involve them in executive decision-making, the executive branch shall construe the references in the provisions to consulting to require only notification.
The provision under the heading, "Joint Explosive Device Defeat Fund," Department of Defense-Military, that calls for the reporting to congressional committees of information that may include highly sensitive and classified national security information, will be construed consistently with the President's constitutional responsibility to control the dissemination of such information.
The executive branch shall construe the provision in the Act under the heading "Disaster Relief," Federal Emergency Management Agency, Department of Homeland Security, that purports to require the Secretary of Homeland Security to submit a housing proposal and expenditure plan for congressional committee approval as calling solely for notification, as any other construction would be inconsistent with the constitutional principles enunciated by the Supreme Court of the United States in INS v. Chadha.
Sections 7030 through 7033 of the Act, inclusive, purport to make changes in or in relation to statements of managers that accompanied various appropriations bills reported from House-Senate conferences in the past. Also, a provision in chapter 9 of the Act under the heading "Emergency Relief Program," Federal Highway Administration, Department of Transportation, purports to give binding effect to a document not presented to the President. The executive branch shall construe these provisions in a manner consistent with the bicameral passage and presentment requirements of the Constitution for the making of a law.
GEORGE W. BUSH
THE WHITE HOUSE,
June 15, 2006.
Text of the Signing Statement from the GPO - 42 WCPD 1159 (6/19/06)
Text of the Affected Law - P.L. 109-234 (H.R. 4939)
The law to which this signing statement applies is:
H.R. 4939, the "Emergency Supplemental Appropriations Act for Defense, the Global War on Terror, and Hurricane Recovery, 2006" -- Public Law 109-234 -- 120 STAT 418
To read the law, select one of the links below:
Related Presidential Documents
Congressional Research Service
1. CRS Report for Congress RL32048: Iran: U.S. Concerns and Policy Responses (updated January 5, 2007) (source: U.S. State Department web site)
2. CRS Report for Congress RS 22370: U.S. Foreign Aid to the Palestinians (updated December 22, 2006) (source: U.S State Department web site) (mentions presidential signing statement for PL 109-234)
3. CRS Report for Congress RL32048, Iran: U.S. Concerns and Policy Responses (updated August 25, 2006) (source: U.S. State Department web site)
4. CRS Report for Congress RL30588, Afghanistan: Post-War Governance, Security, and U.S. Policy (August 23, 2006) (source: U.S. Department of State web site)
5. CRS Report for Congress RL 33579, The Public Health and Medical Response to Disasters: Federal Authority and Funding (August 4, 2006) (source: Federation of American Scientists)
6. CRS Report for Congress RL33110, The Cost of Iraq, Afghanistan, and Other Global War on Terror Operations Since 9/11 (updated June 16, 2006) (source: Federation of American Scientists)
GAO Documents
1. GAO Report 07-308SP to Congressional Leadership and Committees -- Securing, Stabilizing, and Rebuilding Iraq: Key Issues for Congressional Oversight (January 9, 2007) (source: GAO web site)
2. GAO Report to Congressional Committees (GAO-06-1003): Hurricane Katrina -- Status of Hospital Inpatient and Emergency Departments in the Greater New Orleans Area (September 29, 2006)
3. GAO 06-1094T, Testimony for the Subcommittee on National Security, Emerging Threats and International Relations; House Committee on Government Reform: Stabilizing Iraq - An Assessment of the Security Situation, Statement for the Record by David M. Walker Comptroller General of the United States (September 11, 2006) (source: GAO web site)
4. GAO Report 06-834 to Congressional Committees: Disaster Relief: Governmentwide Framework Needed to Collect and Consolidate Information to Report on Billions in Federal Funding for the 2005 Gulf Coast Hurricanes (September 6, 2006) (source: GAO web site)
5. GAO Report 06-934 to Congressional Committees, Hurricane Katrina - Strategic Planning Needed to Guide Future Enhancements Beyond Interim Levee Repairs (September 6, 2006) (source: GAO web site)
6. GAO Report 06-0767R to Congressional Requesters, Head Start: Progress and Challenges in Implementing Transportation Regulations (July 27, 2006) (source: GAO web site)
Signing Statement for H.R. 889, the Coast Guard and Maritime Transportation Act of 2006 (P.L. 109-241)
Text of the Signing Statement from the White House
For Immediate Release
Office of the Press Secretary
July 11, 2006
President Signs H.R. 889, the Coast Guard and Maritime Transportation Act of 2006
I have today signed into law H.R. 889, the "Coast Guard and Maritime Transportation Act of 2006." The Act authorizes funding for and strengthens the ability of the United States Coast Guard to perform its missions.
The executive branch shall construe the reference to the "National Intelligence Director" in section 309 of the Act, amending section 70105(c) of title 46, United States Code, to be a reference to the position of Director of National Intelligence established by law (50 U.S.C. 403(a)(1)).
The executive branch shall construe section 408(c) of the Act, which purports to make consultation with a legislative agent a precondition to execution of the law, to call for but not mandate such consultation, as is consistent with the Constitution's provisions concerning the separate powers of the Congress to legislate and the President to execute the laws.
Section 801 of the Act purports to require the Secretary of the department in which the Coast Guard is operating to work at the International Maritime Organization with foreign nations toward specified international objectives. The executive branch shall construe the provision to be advisory, as is consistent with the constitutional commitment to the President of responsibility for conducting the foreign relations of the United States, including the exclusive responsibility for formulating the position of the United States in international fora and conducting negotiations with foreign nations.
GEORGE W. BUSH
THE WHITE HOUSE,
July 11, 2006.
Text of the Signing Statement from the GPO - 42 WCPD 1325 (7/17/06)
Text of the Affected Law - P.L. 109-241 (H.R. 889)
The law to which this signing statement applies is:
H.R. 889, the Coast Guard and Maritime Transportation Act of 2006 -- Public Law 109-241 -- 120 STAT 516
To read the law, select one of the links below:
Related Presidential Documents
Statement of Administration Policy, H.R. 889 - Coast Guard and Maritime Transportation Act of 2005 (September 15, 2005)
Signing Statement for H.R. 42, the Freedom to Display the American Flag Act of 2005 (P.L. 109-243)
Text of the Signing Statement from the White House
For Immediate Release
Office of the Press Secretary
July 24, 2006
President's Statement on Signing of the "Freedom to Display the American Flag Act of 2005"
Today, I was pleased to sign into law the "Freedom to Display the American Flag Act of 2005." Americans have long flown our flag at their homes as an expression of their appreciation for our freedoms and their pride in our Nation. As our brave men and women continue to fight to protect our country overseas, Congress has passed an important measure to protect our citizens' right to express their patriotism here at home without burdensome restrictions.
Text of the Signing Statement from the GPO - 42 WCPD 1382 (7/31/06)
Text of the Affected Law - P.L. 109-243 (H.R. 42)
The law to which this signing statement applies is:
H.R. 42, the Freedom to Display the American Flag Act of 2005 " -- Public Law 109-243 -- 120 STAT 572
To read the law, select one of the links below:
Signing Statement for H.R. 4, the Pension Protection Act of 2006 (P.L. 109-280)
Text of the Signing Statement from the White House
For Immediate Release
Office of the Press Secretary
August 17, 2006
President's Statement on H.R. 4, the "Pension Protection Act of 2006"
Today I have signed into law H.R. 4, the "Pension Protection Act of 2006." This legislation strengthens the pension insurance system and ensures that workers will receive better information about their pension plans. The legislation makes permanent the deductible limits for contributions to Individual Retirement Accounts and 401(k) plans, encourages employers to automatically enroll workers in 401(k) plans, and expands workers' access to investment advice.
The executive branch shall construe sections 221(a) and 1632(b)(1) of the Act, which call for the submission of legislative recommendations to the Congress, in a manner consistent with the constitutional authority of the President to supervise the unitary executive branch and to recommend for the consideration of the Congress such measures as the President shall judge necessary and expedient.
Section 1634(e) purports to require the United States Trade Representative to submit to congressional committees the contents of the negotiating positions of the United States and foreign countries in certain international trade negotiations. The executive branch shall construe section 1634(e) in a manner consistent with the President's constitutional authority to conduct the Nation's foreign affairs including negotiations with foreign countries, supervise the unitary executive branch, and 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.
GEORGE W. BUSH
THE WHITE HOUSE,
August 17, 2006.
Text of the Signing Statement from the GPO - 42 WCPD 1470 (8/21/06)
Text of the Affected Law - P.L. 109-280 (H.R. 4)
The law to which this signing statement applies is:
H.R. 4, the Pension Protection Act of 2006 (P.L. 109-280) -- Public Law 109-280 -- 120 STAT 780
To read the law, select one of the links below:
Congressional Research Service
CRS Report for Congress RL32697, Topics in Aging: Income and Poverty Among Older Americans in 2005 (updated September 21, 2006) (source: Open CRS)
GAO Documents
GAO Report 07-21 to the Ranking Minority Member, Committee on Education and the Workforce, House of Representatives, Private Pensions: Changes Needed to Provide 401(k) Plan Participants and the Department of Labor Better Information on Fees (November 16, 2006 ) (source: GAO web site)
Signing Statement for H.R. 5631, the Department of Defense Appropriations Act, 2007 (P.L. 109-289)
Text of the Signing Statement from the White House
For Immediate Release
Office of the Press Secretary
September 29, 2006
Statement by the President on H.R. 5631, the "Department of Defense Appropriations Act, 2007"
Today, I have signed into law H.R. 5631, the "Department of Defense Appropriations Act, 2007." The Act appropriates the funds needed to fight the war on terror, advance other United States interests around the world, and support our Armed Forces. The Act also continues funding for Government programs for which the Congress has not yet enacted regular appropriations acts.
Sections 8007, 8084, and 9005 of the Act prohibit the use of funds to initiate a special access program or a new start program, unless the congressional defense committees receive advance notice. The Supreme Court of the United States has stated that the President's authority to classify and control access to information bearing on the national security flows from the Constitution and does not depend upon a legislative grant of authority. Although the advance notice contemplated by sections 8007, 8084, and 9005 can be provided in most situations as a matter of comity, situations may arise, especially in wartime, in which the President must act promptly under his constitutional grants of executive power and authority as Commander in Chief of the Armed Forces 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.
Section 8050 of the Act provides that, notwithstanding any other provision of law, no funds available to the Department of Defense for fiscal year 2007 may be used to transfer defense articles or services, other than intelligence services, to another nation or an international organization for international peacekeeping, peace enforcement, or humanitarian assistance operations, until 15 days after the executive branch notifies six committees of the Congress of the planned transfer. To the extent that protection of the U.S. Armed Forces deployed for international peacekeeping, peace enforcement, or humanitarian assistance operations might require action of a kind covered by section 8050 sooner than 15 days after notification, the executive branch shall construe the section in a manner consistent with the President's constitutional authority as Commander in Chief.
A proviso in the Act's appropriation for "Operation and Maintenance, Defense Wide" purports to prohibit planning for consolidation of certain offices within the Department of Defense. Also, sections 8010(b), 8032(b), and 8089 purport to specify the content of portions of future budget requests to the Congress. The executive branch shall construe these provisions relating to planning and making of budget recommendations in a manner consistent with the President's constitutional authority to require the opinions of the heads of departments, to supervise the unitary executive branch, and to recommend for congressional consideration such measures as the President shall judge necessary and expedient.
Section 8005 of the Act, relating to requests to congressional committees for reprogramming of funds, shall be construed as calling solely for notification, as any other construction would be inconsistent with the constitutional principles enunciated by the Supreme Court of the United States in INS v. Chadha.
The executive branch shall construe section 8093, relating to integration of foreign intelligence information, in a manner consistent with the President's constitutional authority as Commander in Chief, including for the conduct of intelligence operations, and to supervise the unitary executive branch. Also, the executive branch shall construe sections 8095 and 8101 of the Act, which purport to prohibit the President from altering command and control relationships within the Armed Forces, as advisory, as any other construction would be inconsistent with the constitutional grant to the President of the authority of Commander in Chief.
The executive branch shall construe provisions of the Act relating to race, ethnicity, gender, and State residency, such as sections 8013, 8018 and 8048, in a manner consistent with the requirement to afford equal protection of the laws under the Due Process Clause of the Constitution's Fifth Amendment.
Sections 8039 and 8064 of the Act purport to allocate funds for specified purposes as set forth in the joint explanatory statement of managers that accompanied the Act and to direct compliance with a classified annex which was not incorporated into the Act and for which presentment was not made. The executive branch shall construe all these provisions in a manner consistent with the bicameral passage and presentment requirements of the Constitution for the making of a law.
GEORGE W. BUSH
THE WHITE HOUSE,
September 29, 2006.
Text of the Signing Statement from the GPO - 42 WCPD 1703 (10/9/06)
Text of the Affected Law - P.L. 109-289 (H.R. 5631)
The law to which this signing statement applies is:
H.R. 5631, the Department of Defense Appropriations Act, 2007 -- Public Law 109-289 -- 120 STAT 1257
To read the law, select one of the links below:
Related Presidential Documents
Statement of Administration Policy, H.R. 5631 – Department of Defense Appropriations Bill, FY 2007 (Senate) (August 2, 2006) (source: White House web site)
Congressional Research Service
1. CRS Report for Congress RS 22370: U.S. Foreign Aid to the Palestinians (updated December 22, 2006) (source: U.S State Department web site) (mentions this public law and the presidential signing statement for PL 109-234)
2. CRS Report for Congress RL33405, Defense: FY2007 Authorization and Appropriations (updated August 7, 2006) (source: U.S. Department of State web site)
GAO Documents
1. GAO Report 07-308SP to Congressional Leadership and Committees -- Securing, Stabilizing, and Rebuilding Iraq: Key Issues for Congressional Oversight (January 9, 2007) (source: GAO web site)
2. GAO Report to Congressional Requesters B-309928, Presidential Signing Statements--Agency Implementation of Ten Provisions of Law (December 20, 2007) (abstract at GAO website) (discusses signing statement for P.L. 109-289)
Signing Statement for H.R. 5441, the Department of Homeland Security Appropriations Act, 2007 (P.L. 109-295)
Text of the Signing Statement from the White House
For Immediate Release
Office of the Press Secretary
October 4, 2006
President's Statement on H.R. 5441, the "Department of Homeland Security Appropriations Act, 2007"
Today, I have signed into law H.R. 5441, the "Department of Homeland Security Appropriations Act, 2007" (the "Act"). The Act appropriates the funds needed to protect the United States against terrorism, secure the Nation's borders, assist States and localities in dealing with natural disasters, and perform the other important functions of the Department of Homeland Security. The Act also strengthens the capabilities of the Federal Emergency Management Agency to prepare for and respond to emergencies requiring action by the Federal Government.
The executive branch shall construe as calling solely for notification the provisions of the Act that purport to require congressional committee approval for the execution of a law. Any other construction would be inconsistent with the principles enunciated by the Supreme Court of the United States in INS v. Chadha. These provisions include those under the headings "United States Visitor and Immigrant Status Indicator Technology;" "Automation Modernization, Customs and Border Protection;" "Border Security Fencing, Infrastructure, and Technology, Customs and Border Protection;" "Air and Marine Interdiction, Operations, Maintenance, and Procurement, Customs and Border Protection;" "Automation Modernization, Immigration and Customs Enforcement;" "Protection, Administration, and Training, United States Secret Service;" "Preparedness, Management and Administration;" "United States Citizenship and Immigration Services;" "Management Administration, Science and Technology;" "Research, Development, Acquisition, and Operations, Science and Technology;" and sections 504, 505, 509, 511, and 552.
Section 513 of the Act purports to direct the conduct of security and suitability investigations. To the extent that section 513 relates to access to classified national security information, the executive branch shall construe this provision in a manner consistent with the President's exclusive constitutional authority, as head of the unitary executive branch and as Commander in Chief, to classify and control access to national security information and to determine whether an individual is suitable to occupy a position in the executive branch with access to such information.
To the extent that section 514 of the Act purports to allow an agent of the legislative branch to prevent implementation of the law unless the legislative agent reports to the Congress that the executive branch has met certain conditions, the executive branch shall construe such section as advisory, in accordance with the constitutional principles enumerated in the Chadha decision.
The executive branch shall construe section 522 of the Act, relating to privacy officer reports, in a manner consistent with the President's constitutional authority to supervise the unitary executive branch.
To the extent that provisions of the Act, such as section 558, purport to direct or burden the conduct of negotiations by the executive branch with foreign governments or other entities abroad, the executive branch shall construe them as advisory. Such provisions, if construed as mandatory rather than advisory, would impermissibly interfere with the President's constitutional authorities to conduct the Nation's foreign affairs, participate in international negotiations, and supervise the unitary executive branch.
Provisions of the Act, including under the heading "Office of the Secretary and Executive Management" and sections 521, 539, 540, and 559, refer to joint explanatory statements of managers accompanying conference reports on specified acts. Such statements do not satisfy the constitutional requirements of bicameral approval and presentment to the President needed to give them the force of law.
Section 503(c) of the Homeland Security Act of 2002, as amended by section 611 of the Act, provides for the appointment and certain duties of the Administrator of the Federal Emergency Management Agency. Section 503(c)(2) vests in the President authority to appoint the Administrator, by and with the advice and consent of the Senate, but purports to limit the qualifications of the pool of persons from whom the President may select the appointee in a manner that rules out a large portion of those persons best qualified by experience and knowledge to fill the office. The executive branch shall construe section 503(c)(2) in a manner consistent with the Appointments Clause of the Constitution. Also, section 503(c)(4) purports to regulate the provision of advice within the executive branch and to limit supervision of an executive branch official in the provision of advice to the Congress. The executive branch shall construe section 503(c)(4) in a manner consistent with the constitutional authority of the President to require the opinions of heads of departments and to supervise the unitary executive branch. Accordingly, the affected department and agency shall ensure that any reports or recommendations submitted to the Congress are subjected to appropriate executive branch review and approval before submission.
Section 507(f)(6) of the Homeland Security Act of 2002, as amended by section 611 of the Act, and sections 689i(a)(4)(B)(iv) and 689j(b)(2)(E) of the Act, purport to require in certain cir-cum-stances that an executive branch official submit legislation for the consideration of the Congress. The executive branch shall construe such provisions in a manner consistent with the President's constitutional authority to supervise the unitary executive branch and to recommend for congressional consideration such measures as the President shall judge necessary and expedient.
Several provisions of the Act purport to direct the President to perform the President's duties "acting through" a particular officer. These provisions include section 303(b) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act, as amended by section 633 of the Act, section 1802 of the Homeland Security Act of 2002, as amended by section 671 of the Act, and sections 643, 644, 689i, and 689j of the Act. The executive branch shall construe such provisions in a manner consistent with the constitutional authority of the President to supervise the unitary executive branch.
The executive branch shall construe provisions of the Act relating to race, ethnicity, and gender, such as sections 623 and 697 of the Act, in a manner consistent with the requirement of the Due Process Clause of the Fifth Amendment to the Constitution to afford equal protection of the laws.
Section 1802(a) of the Homeland Security Act of 2002, as amended by section 671 of the Act, calls for the Secretary of Homeland Security "in cooperation with the Department of National Communications System (as appropriate)" and others to develop and update a National Emergency Communications Plan. An examination of the text and structure of the Act reveals that the term "Department of National Communications System" in section 1802(a) is most reasonably construed as a reference to the National Communications System in the Preparedness Directorate of the Department of Homeland Security, to which section 611 of the Act refers in amending section 505 of the Homeland Security Act of 2002, and the executive branch shall so construe it.
GEORGE W. BUSH
THE WHITE HOUSE,
October 4, 2006.
Text of the Signing Statement from the GPO - 42 WCPD 1742 (10/9/06)
