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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"
[2006-01] -- 42
WCPD 23 (January 16, 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.
►[This signing statement is also found at:]
[link to document at www.whitehouse.gov]
[plain text at the GPO]
[PDF from GPO]
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ANNOTATIONS FOR 2006-01, PERTAINING TO H.R. 1815 |
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The "National Defense Authorization Act for Fiscal Year 2006," the law to which this
signing statement pertains, is H.R. 1815 (P.L. 109-163) |
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READ the "National Defense Authorization Act for Fiscal Year 2006" (H.R. 1815) |
File from GPO:
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Link to GPO:
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CITATIONS to the "National Defense Authorization Act for Fiscal Year 2006" (H.R. 1815) |
H.R. 1815 is Public Law 109-163
119 STAT 3136 |
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KEY WORDS and PROVISION from the "National Defense Authorization Act for Fiscal Year 2006" (H.R. 1815) |
Detainee Treatment Act of 2006
Prohibition on Cruel, Inhuman, or Degrading Treatment or Punishment of Persons Under Custody or Control of the United States Government
Uniform Standards for the Interrogation of Persons Under the Detention of the Department of
Defense
McCain amendment |
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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) |
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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) |
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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) |
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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)) |
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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) |
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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) |
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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) |
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"
[2006-02] -- 42
WCPD 39 (January 16, 2006)
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.
►[This signing statement is also found at:]
[link to document at www.whitehouse.gov]
[plain text at the GPO]
[PDF from GPO]
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ANNOTATIONS FOR 2006-02, PERTAINING TO H.R. 972 |
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The "Trafficking Victims Protection Reauthorization Act of 2005," the law to which
this signing statement pertains, is H.R. 972 (P.L.109-164) |
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READ
the full text of the Trafficking Victims Protection Reauthorization Act of 2005 (H.R. 972) |
File from GPO:
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Link to GPO:
plain text |
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CITATIONS to the Trafficking Victims Protection Reauthorization Act of 2005 (H.R. 972) |
H.R. 972 is Public Law 109-164
119 STAT 3558 |
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EXCERPT from the Trafficking Victims Protection Reauthorization Act of 2005 (H.R. 972) |
"To authorize appropriations for fiscal years 2006 and 2007 for the Trafficking Victims Protection Act of 2000, and for other purposes.
"Be it enacted by the Senate and House of Representatives of the United States of America in Congress <<NOTE: Trafficking Victims Protection Reauthorization Act of 2005. Women. Children and youth. 22 USC 7101 note.>> assembled,
"SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
"(a) Short Title.--This Act may be cited as the ``Trafficking Victims Protection Reauthorization Act of 2005''.
"(b) Table of Contents.--The table of contents for this Act is as follows:
"Sec. 1. Short title; table of contents.
"Sec. 2. Findings.
"TITLE I--COMBATTING INTERNATIONAL TRAFFICKING IN PERSONS
"Sec. 101. Prevention of trafficking in conjunction with post-conflict and humanitarian emergency assistance.
"Sec. 102. Protection of victims of trafficking in persons..." |
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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) |
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GAO Documents |
GAO-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) |
For Immediate Release
Office of the Press Secretary
February 8, 2006
President's Statement on Signing the "Deficit Reduction Act of 2005"
[2006-03] -- 42
WCPD 215 (February 13, 2006)
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.
►[This signing statement is also found at:]
[link to document at www.whitehouse.gov]
[plain text at the GPO]
[PDF from GPO]
|
ANNOTATIONS FOR 2006-03, PERTAINING TO S. 1932 |
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The "Deficit Reduction Act of 2005," the law to which this signing statement pertains, is S. 1932 (P.L. 109-171) |
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READ the full text of the Deficit Reduction Act of 2005 (S. 1932) |
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Link to GPO:
plain text |
|
CITATIONS to the Deficit Reduction Act of 2005 (S. 1932) |
S. 1932 is Public Law 109-171
120 STAT 4 |
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EXCERPT from the Deficit Reduction Act of 2005 (S. 1932) |
"To provide for reconciliation pursuant to section 202(a) of the concurrent resolution on the budget for fiscal year 2006 (H. Con. Res. 95).
"Be it enacted by the Senate and House of Representatives of the United States of America in Congress <<NOTE: Deficit Reduction Act of 2005. 42 USC 1305 note.>> assembled,
"SECTION 1. SHORT TITLE.
"This Act may be cited as the ``Deficit Reduction Act of 2005''. " |
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Pending Court Challenges to the law |
Public Citizen, a national, nonprofit consumer advocacy organization, has challenged the constitutionality of Public Law No. 109-171, alleging" "[The] law President Bush signed on Feb. 8 is invalid because he signed a version of the bill that was passed by the U.S. Senate but not the U.S. House of Representatives." Public Citizen's press release appears
here. A copy of the complaint that Public Citizen filed in the federal district court for the District of Columbia appears
here.
Representative Henry Waxman (D-Ca) has introduced "...H. Res. 752 to require the Administration to provide Congress with documents concerning the President's role in S. 1932, the Deficit Reduction Act of 2005. Constitutional requirements were not followed when the bill was presented to and signed by the President. The resolution seeks to find out why." On May 9, 2006, House Resolution 752 was reported unfavorably from the House Committee on Government Reform. The committee report, including Rep. Waxman's views,
appears here. |
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Related Presidential Documents |
Statement of Administration Policy, S. 1932 - Deficit Reduction Omnibus Reconciliation Act of 2005 (November 1, 2005) (source: White House web site) |
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"
[2006-04] -- 42
WCPD 425 (March 13, 2006)
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.
►[This signing statement is also found at:]
[link to document at www.whitehouse.gov]
[plain text at the GPO]
[PDF from GPO]
|
ANNOTATIONS FOR 2006-04, PERTAINING TO H.R. 3199 AND S. 2271
This signing statement applies to two enactments |
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The "USA PATRIOT Improvement and Reauthorization Act of 2005" and the "USA PATRIOT Act Additional
Reauthorizing Amendments Act of 2006," the two laws to which this signing statement pertains, are,
respectively, H.R. 3199 (P.L. 109-177) and S. 2271 (P.L. 109-178). |
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READ the the full text of the "USA PATRIOT Improvement and Reauthorization Act of 2005" (H.R. 3199) |
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READ the full text of the "USA PATRIOT Act Additional
Reauthorizing Amendments Act of 2006"(S. 2271) |
File from GPO:
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Link to GPO:
plain text |
|
CITATIONS to the "USA PATRIOT Improvement and Reauthorization Act of 2005" (H.R. 3199) |
H.R. 3199 is Public Law 109-177
120 STAT 192
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CITATIONS to the "USA PATRIOT Act Additional
Reauthorizing Amendments Act of 2006,"(S. 2271) |
S. 2271 is Public Law 109-178
120 STAT 278
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EXCERPT (PL 109-177)
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"USA PATRIOT IMPROVEMENT AND REAUTHORIZATION ACT OF 2005 (PL 109-177)
"An Act to extend and modify authorities needed to combat terrorism, and for other purposes.
"Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
"SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
"(a) <<NOTE: 18 USC 1801 note.>> Short Title.--This Act may be cited as the ``USA PATRIOT Improvement and Reauthorization Act of 2005''.
"(b) Table of Contents.--The table of contents for this Act is as follows..."
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EXCERPT (PL 109-178) |
USA PATRIOT Act Additional Reauthorizing Amendments Act of 2006 (PL 109-179]
To clarify that individuals who receive FISA orders can challenge nondisclosure requirements, that individuals who receive national security letters are not required to disclose the name of their attorney, that libraries are not wire or electronic communication service providers unless they provide specific services, and for other purposes. <<NOTE: Mar. 9, 2006 - [S. 2271]>>
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``USA PATRIOT Act Additional Reauthorizing Amendments Act of 2006''.
SEC. 2. DEFINITION.
As used in this Act, the term ``applicable Act'' means the Act entitled ``An Act to extend and modify authorities needed to combat terrorism, and for other purposes.'' (109th Congress, 2d Session).
SEC. 3. JUDICIAL REVIEW OF FISA ORDERS.
Subsection (f) of section 501 of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1861), as amended by the applicable Act, is amended to READ as follows:
``(f)(1) In this subsection--
``(A) the term `production order' means an order to produce any tangible thing under this section; and
``(B) the term `nondisclosure order' means an order imposed under subsection (d)..." |
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Related Presidential Documents |
Statement of Administration Policy,
H.R. 3199 – USA PATRIOT and Terrorism Prevention Reauthorization Act of 2005 - House (July 21, 2005) (source: White House website) |
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Related Executive Branch Documents |
1. Department of Justice, Office of Legislative Affairs,
Response to March 27, 2006, letter from the House Judiciary Committee regarding
signing into law of the USA PATRIOT Improvement and Reauthorization Act (May 3, 2006) (source: House of Representatives website)
2. Department of Justice, Office of Legislative Affairs,
Response to June 13, 2002 questions from House Judiciary Committee on oversight of the USA PATRIOT Act (July 26, 2002) (source: DOJ website)
3. Department of Justice, Office of Legislative Affairs,
Response to April 1, 2003 questions from House Judiciary Committee on oversight of the USA PATRIOT Act (May 13, 2003) (source: DOJ website) |
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Related Congressional Documents |
1. 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) |
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Congressional Research Service |
1. 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) |
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"
[2006-05] -- 42
WCPD 1019 (May 29, 2006)
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.
►[This signing statement is also found at:]
[link to document at www.whitehouse.gov]
[plain text at GPO]
[PDF from GPO]
|
ANNOTATIONS FOR 2006-05, PERTAINING TO
S. 1869 |
|
The Coastal Barrier Resources Reauthorization Act of 2005, the law to which
this signing statement pertains, is S. 1869 (P.L. 109-226) |
|
READ the full text of the Coastal Barrier Resources Reauthorization Act of 2005 (S. 1869) |
File from GPO:
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Link to GPO:
plain text |
|
CITATIONS to the Coastal Barrier Resources Reauthorization Act of 2005 |
S. 1869 is Public Law 109-226
120 STAT 381 |
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EXCERPT from the Coastal Barrier Resources Reauthorization Act of 2005 |
"An Act
"To reauthorize the Coastal Barrier Resources Act, and for other purposes.
"Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
"SECTION 1. <<NOTE: 16 USC 3503 note.>> SHORT TITLE.
"This Act may be cited as the ``Coastal Barrier Resources Reauthorization Act of 2005''.
"SEC. 2. <<NOTE: 16 USC 3503 note.>> DEFINITIONS.
"In this Act:
"(1) Otherwise protected area.--The term ``otherwise protected area'' has the meaning given the term in section 12 of the Coastal Barrier Improvement Act of 1990 (16 U.S.C. 3503 note; Public Law 101-591).
"(2) Pilot project.--The term ``pilot project'' means the digital mapping pilot project authorized under section 6 of the Coastal Barrier Resources Reauthorization Act of 2000 (16 U.S.C. 3503 note; Public Law 106-514).
"(3) Secretary.--The term ``Secretary'' means the Secretary of the Interior.
"(4) System unit.--The term ``System unit'' has the meaning given the term in section 3 of the Coastal Barrier Resources Act (16 U.S.C. 3502).
"SEC. 3. <<NOTE: Reports. 16 USC 3503 note.>> DIGITAL MAPPING PILOT PROJECT FINALIZATION.
"(a) In General.--Not later than 2 years after the date of enactment of this Act, the Secretary shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Resources of the House of Representatives a report regarding the digital maps of the System units and otherwise protected areas created under the pilot project.
"..." |
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
[2006-06] -- 42
WCPD 1159 (June 19, 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.
Note [supplied by the GPO]: H.R. 4939, approved June 15, was assigned Public Law No. 109-234.
►[This signing statement is also found at:]
[link to document at the www.whitehouse.gov]
[plain text at GPO]
[PDF from GPO]
|
ANNOTATIONS FOR 2006-06, PERTAINING TO H.R. 4939 |
|
The Emergency Supplemental Appropriations Act for Defense, the Global War on Terror, and Hurricane Recovery, 2006,
the law to which this signing statement pertains, is H.R. 4939 (P.L. 109-234) |
|
READ the full text of the Emergency Supplemental Appropriations Act for Defense, the Global War on Terror, and Hurricane Recovery, 2006 |
File from GPO:
PDF (74 pages)
Link at GPO:
plain text |
|
CITATIONS to the Emergency Supplemental Appropriations Act for Defense, the Global War on Terror, and Hurricane Recovery, 2006 |
H.R. 4939 is Public Law 109-234
120 STAT 418 |
|
EXCERPT from the Emergency Supplemental Appropriations Act for Defense, the Global War on Terror, and Hurricane Recovery, 2006 |
"An Act
"Making emergency supplemental appropriations for the fiscal year ending September 30, 2006, and for other purposes.
"Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the following sums are appropriated, out of any money in the Treasury not otherwise
appropriated, for the fiscal year ending September 30, 2006, and for other purposes, namely:
"TITLE I
"GLOBAL WAR ON TERROR SUPPLEMENTAL APPROPRIATIONS
"CHAPTER 1
"DEPARTMENT OF AGRICULTURE
"Foreign Agricultural Service
"public law 480 title ii grants
"For an additional amount for ``Public Law 480 Title II Grants'', during the current fiscal year, not otherwise recoverable, and unrecovered prior years' costs, including interest thereon, under the Agricultural Trade Development and Assistance Act of 1954, for commodities supplied in connection with dispositions abroad under title II of said Act, $350,000,000, to remain available until expended: Provided, That from this amount, to the maximum extent possible, funding shall be used to support the previously approved fiscal year 2006 programs under section 204(a)(2) of the Agricultural Trade Development and Assistance Act of 1954: Provided further, That the amount provided under this heading is designated as an emergency requirement pursuant to section 402 of H. Con. Res. 95 (109th Congress), the concurrent resolution on the budget for fiscal year 2006."
"..." |
|
Related Presidential Documents |
1.
Memorandum for the Secretary of State and Attorney General, Assignment of Functions Relating to Waivers and Reports Concerning Africa, May 18, 2006: 71 Fed. Reg. 30553 (May 26, 2006)
2. Statement of Administration Policy,
H.R. 4939 – Emergency Supplemental Appropriations Act for Defense, the Global War on Terror, and Hurricane Recovery, 2006 - House (March 15, 2006) (source: White House web site)
3. Statement of Administration Policy, H.R. 4939 – Emergency Supplemental Appropriations Act for Defense, the Global War on Terror, and Hurricane Recovery, 2006 - Senate (April 25, 2006) (source: White House web site) |
|
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) |
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
[2006-07] -- 42
WCPD 1325 (July 17, 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.
►[This signing statement is also found at:]
[link to document at www.whitehouse.gov]
[plain text at GPO]
[PDF from GPO]
|
ANNOTATIONS FOR 2006-07, PERTAINING TO H.R. 889 |
|
The Coast Guard and Maritime Transportation Act of 2006, the law to which this signing statement pertains,
is H.R. 889 (P.L. 109-241). |
|
READ the full text of the Coast Guard and Maritime Transportation Act of 2006 |
File from GPO:
PDF (55 pages)
Link to GPO:
plain text
Enrolled text:
HTML (copied from Library of Congress THOMAS) |
|
CITATIONS to the Coast Guard and Maritime Transportation Act of 2006 |
H.R. 889 is Public Law 109-241
120 STAT 516 |
|
EXCERPT from the enrolled version of the Coast Guard and Maritime Transportation Act of 2006 |
TITLE I--AUTHORIZATION
TITLE II--COAST GUARD
TITLE III--SHIPPING AND NAVIGATION
TITLE IV--MISCELLANEOUS
TITLE V--LIGHTHOUSES
TITLE VI--DELAWARE RIVER PROTECTION AND MISCELLANEOUS OIL PROVISIONS
TITLE VII--HURRICANE RESPONSE
TITLE VIII--OCEAN COMMISSION RECOMMENDATIONS
TITLE IX--TECHNICAL CORRECTIONS |
|
Related Presidential Documents |
Statement of Administration Policy,
H.R. 889 - Coast Guard and Maritime Transportation Act of 2005 (September 15, 2005) |
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"
[2006-08] -- 42
WCPD 1382 (July 31, 2006)
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.
►[This signing statement is also found at:]
[link to document at www.whitehouse.gov]
[plain text at GPO]
[PDF from GPO]
|
ANNOTATIONS FOR 2006-08, PERTAINING TO H.R. 42 |
|
The Freedom to Display the American Flag Act of 2005, the law to which this
signing statement pertains is H.R. 42 (P.L. 109-243) |
|
READ the full text of the Freedom to Display the American Flag Act of 2005 (H.R. 42) |
File from GPO:
PDF
Link to GPO: plain text
Enrolled text:
HTML
(copied from Library of Congress THOMAS) |
|
CITATIONS to the Freedom to Display the American Flag Act of 2005 (H.R. 42) |
H.R. 42 is Public Law 109-243
120 STAT 572 |
|
EXCERPT from the Freedom to Display the American Flag Act of 2005 (H.R. 42) |
SECTION 1. SHORT TITLE.
This Act may be cited as the `Freedom to Display the American Flag Act of 2005 '.
SEC. 2. DEFINITIONS.
SEC. 3. RIGHT TO DISPLAY THE FLAG OF THE UNITED STATES.
SEC. 4. LIMITATIONS. |
For Immediate Release
Office of the Press Secretary
August 17, 2006
President's Statement on H.R. 4, the "Pension Protection Act of 2006"
[2006-09] -- 42
WCPD 1470 (August 21, 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.
►[This signing statement is also found at:]
[link to document at www.whitehouse.gov]
[plain text at GPO]
[PDF from GPO]
|
ANNOTATIONS FOR 2006-09, PERTAINING TO H.R. 4 |
|
The Pension Protection Act of 2006, the law to which this
signing statement pertains is H.R. 4 (P.L. 109-280) |
|
READ the full text of the Pension Protection Act of 2006 (H.R. 4) |
File from GPO:
PDF (394 pages)
Link to GPO: plain text
Congressional text:
PDF of HR 4 from the GPO (393 pages) |
|
CITATIONS to the Pension Protection Act of 2006 (H.R. 4) |
H.R. 4 is Public Law 109-280
120 STAT 780 |
|
READ the provisions of H.R. 4 that are objected to in the signing statement |
Sections 221, 1632, and 1634 of H.R. 4 excerpted from GPO PDF for the bill |
|
TABLE OF CONTENTS for the Pension Protection Act of 2006 (H.R. 4) (provisions mentioned in the signing statement are highlighted) |
TITLE I—REFORM OF FUNDING RULES FOR SINGLE-EMPLOYER DEFINED BENEFIT PENSION PLANS
Subtitle A—Amendments to Employee Retirement Income Security Act of 1974
Subtitle B—Amendments to Internal Revenue Code of 1986
TITLE II—FUNDING RULES FOR MULTIEMPLOYER DEFINED BENEFIT PLANS AND RELATED PROVISIONS
Subtitle A—Amendments to Employee Retirement Income Security Act of 1974
Subtitle B—Amendments to Internal Revenue Code of 1986
Subtitle C—Sunset of Additional Funding Rules
Sec. 221. Sunset of additional funding rules.
TITLE III—INTEREST RATE ASSUMPTIONS
TITLE IV—PBGC GUARANTEE AND RELATED PROVISIONS
TITLE V—DISCLOSURE
TITLE VI—INVESTMENT ADVICE, PROHIBITED TRANSACTIONS, AND FIDUCIARY RULES
Subtitle A—Investment Advice
Subtitle B—Prohibited Transactions
Subtitle C—Fiduciary and Other Rules
TITLE VII—BENEFIT ACCRUAL STANDARDS
TITLE VIII—PENSION RELATED REVENUE PROVISIONS
Subtitle A—Deduction Limitations
Subtitle B—Certain Pension Provisions Made Permanent
Subtitle C—Improvements in Portability, Distribution, and Contribution Rules
Subtitle D—Health and Medical Benefits
Subtitle E—United States Tax Court Modernization
Subtitle F—Other Provisions
TITLE IX—INCREASE IN PENSION PLAN DIVERSIFICATION AND PARTICIPATION AND OTHER PENSION PROVISIONS
TITLE X—PROVISIONS RELATING TO SPOUSAL PENSION PROTECTION
TITLE XI—ADMINISTRATIVE PROVISIONS
TITLE XII—PROVISIONS RELATING TO EXEMPT ORGANIZATIONS
Subtitle A—Charitable Giving Incentives
Subtitle B—Reforming Exempt Organizations
PART 1—GENERAL REFORMS
PART 2—IMPROVED ACCOUNTABILITY OF DONOR ADVISED FUNDS
PART 3—IMPROVED ACCOUNTABILITY OF SUPPORTING ORGANIZATIONS
TITLE XIII—OTHER PROVISIONS
TITLE XIV—TARIFF PROVISIONS
Subtitle A—Temporary Duty Suspensions and Reductions
CHAPTER 1—NEW DUTY SUSPENSIONS AND REDUCTIONS
CHAPTER 2—EXISTING DUTY SUSPENSIONS AND REDUCTIONS
Subtitle B—Other Tariff Provisions
CHAPTER 1—LIQUIDATION OR RELIQUIDATION OF CERTAIN ENTRIES
CHAPTER 2—MISCELLANEOUS PROVISIONS
Sec. 1631. Vessel repair duties.
Sec. 1632. Suspension of new shipper review provision.
Sec. 1633. Extension and modification of duty suspension on wool products; wool research fund; wool duty refunds.
Sec. 1634. Authorities relating to DR–CAFTA Agreement.
Sec. 1635. Technical amendments to Customs modernization.
Subtitle C—Effective Date |
|
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) |
|
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) |
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"
[2006-10] -- 42
WCPD 1703 (October 9, 2006)
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.
►[This signing statement is also found at:]
[link to document at www.whitehouse.gov]
[plain text at the GPO]
[PDF from the GPO]
|
ANNOTATIONS FOR 2006-10, PERTAINING TO H.R. 5631 |
|
The Department of Defense Appropriations Act, 2007, the law to which this
signing statement pertains, is H.R. 5631 (P.L. 109-289) |
|
READ the full text of the Department of Defense Appropriations Act, 2007 (H.R. 5631) |
File from GPO:
PDF (60 pages)
Link to GPO: plain text at GPO
|
|
CITATIONS to the Department of Defense Appropriations Act, 2007 (H.R. 5631) |
H.R. 5631 is Public Law 109-289
120 STAT 1257 |
|
Related Executive Branch 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) |
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"
[2006-11] -- 42 WCPD p. 1742 (October 9, 2006)
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.
►[This signing statement is also found at:]
[link to document at www.whitehouse.gov]
[plain text at the GPO]
[PDF from GPO]
|
ANNOTATIONS FOR 2006-11, PERTAINING TO H.R. 5441 |
|
The Department of Homeland Security Appropriations Act, 2007, the law to which this
signing statement pertains, is H.R. 5441 (P.L. 109-295) |
|
READ the full text of the Department of Homeland Security Appropriations Act, 2007 (H.R. 5441) |
File from GPO:
PDF file (109 pp.)
Link to GPO: plain text at GPO
|
|
CITATIONS to the Department of Homeland Security Appropriations Act, 2007 (H.R. 5441) |
H.R. 5441 is Public Law 109-295
120 STAT 1355 |
|
Related Presidential Documents |
President's Remarks on Signing the Department of Homeland Security Appropriations Act for Fiscal Year
2007 in Scottsdale (October 4, 2006)
42 WCPD 1740 (October 9, 2006) (source: GPO's Weekly Compilation of Presidential Documents) |
|
Related Executive Branch Documents |
1.
Statement of Administration Policy,
H.R. 5441 – Department of Homeland Security Appropriations Bill, FY 2007 (Senate) (July 12, 2006) (source: White House web site)
2.
Statement of Administration Policy,
H.R. 5441 – Department of Homeland Security Appropriations Bill, FY 2007 (House) (May 25, 2006) (source: White House web site) |
|
Congressional Documents |
1.
Letter to President Bush from Mary Landrieu (D-La), Joseph Lieberman (D-Conn), and Susan Collins (R-Me) concerning the signing statement for H.R. 5441 (October 12, 2006) (source: web site for Seantor Mary Landrieu)
2.
Press Release concerning the letter cited above |
|
Congressional Research Service |
1.
CRS Report for Congress, RL33886:
Statutory Qualifications for Executive Branch Positions (February 20, 2007)
(source: Open CRS – user-submitted) (discusses signing statement for PL 109-295
and mentions signing statement for the Postal Accountability and
Enhancement Act)
2. CRS Report for Congress RS22383, FY2007 Appropriations for State and Local Homeland Security (updated October 6, 2006) (source: Federation of American Scientists) |
|
GAO Documents |
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. 109-295) |
For Immediate Release
Office of the Press Secretary
October 13, 2006
President Bush Signs S. 56, the "Rio Grande Natural Area Act"
[2006-12] -- 42
WCPD 1815 (October 16, 2006)
Today, I have signed into law S. 56, the "Rio Grande Natural Area Act." The Act establishes the Rio Grande Natural Area in Colorado to help protect natural resources on Federal and non-Federal lands.
The Act establishes a commission to perform specified functions relating to the Natural Area. The Commission consists of nine individuals appointed by the Secretary of the Interior, of whom one must represent the Colorado State Director of the Bureau of Land Management, one must be a specified Federal employee, three must be appointed on the recommendation of the Governor of Colorado to represent various Colorado governmental entities, and four must be knowledgeable, experienced local citizens to represent the general public. Thus, the Act limits the qualifications of the pool of persons from whom the Secretary may select appointees to the Commission in a manner that rules out a large portion of those persons best qualified by experience and knowledge to fill the positions, which the Appointments Clause of the Constitution does not permit if the appointees exercise significant governmental authority. To faithfully execute the Act to the maximum extent consistent with the Appointments Clause, the executive branch shall construe the provisions of the Act specifying functions for the Commission as specifying functions that are advisory only.
GEORGE W. BUSH
THE WHITE HOUSE,
October 12, 2006.
►[This signing statement is also found at:]
[link to document at www.whitehouse.gov]
[plain text at the GPO]
[PDF from GPO]
|
ANNOTATIONS FOR 2006-12, PERTAINING TO S. 56 |
|
The Rio Grande Natural Area Act, the law to which this
signing statement pertains, is S. 56 (P.L. 109-337) |
|
READ the full text of the Rio Grande Natural Area
Act (S. 56) |
File from GPO:
PDF file
Link to GPO: plain text at GPO
Congressional text: enrolled version of S. 56 from the GPO:
PDF file |
|
CITATIONS to the Rio Grande Natural Area
Act (S. 56) |
S. 56 is Public Law 109-337
120 STAT 1777 |
|
GAO Documents |
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. 109-337) |
For Immediate Release
Office of the Press Secretary
October 13, 2006
President Bush Signs S. 203, the "National Heritage Areas Act of 2006"
[2006-13] -- 42
WCPD 1815 (October 16, 2006)
Today, I have signed into law S. 203, the "National Heritage Areas Act of 2006." The Act establishes national heritage areas and reduces the royalty rate on certain minerals.
A number of provisions of the Act purport to give to management entities or local coordinating entities -- composed of individuals who are not officers of the United States appointed in accordance with the Appointments Clause of the Constitution -- significant governmental authority, such as authority to make grants from Federal appropriated funds to implement management plans for heritage areas. As is consistent with the Appointments Clause and with requirements in the Act concerning approval by the Secretary of the Interior of the management plans, the executive branch shall construe the provisions to require exercise by the Secretary of the Interior of the significant governmental authority given by the provisions, specifically including the exercise by the Secretary of final authority over any disbursement of Federal appropriated funds by a management entity or local coordinating entity.
GEORGE W. BUSH
THE WHITE HOUSE,
October 12, 2006.
►[This signing statement is also found at:]
[link to document at www.whitehouse.gov]
[plain text at the GPO]
[PDF from GPO]
|
ANNOTATIONS FOR 2006-13, PERTAINING TO S. 203 |
|
The National Heritage Areas Act of 2006, the law to which this
signing statement pertains, is S. 203 (P.L. 109-338) |
|
READ the full text of the National Heritage Areas Act of 2006
(S. 203) |
File from GPO:
PDF file
Link to GPO: plain text at GPO
|
|
CITATIONS to the National Heritage Areas Act of 2006
(S. 203) |
S. 203 is Public Law 109-338
120 STAT 1783 |
For Immediate Release
Office of the Press Secretary
October 13, 2006
President's Statement on H.R. 4954, the "Security and Accountability For Every Port Act of 2006"
[2006-14] -- 42
WCPD 1817 (October 16, 2006)
Today, I have signed into law H.R. 4954, the "Security and Accountability For Every Port Act of 2006," or the "SAFE Port Act" (the "Act"). The Act strengthens the Government's ability to protect the Nation's seaports and maritime commerce from attack by terrorists.
The executive branch shall construe provisions of the Act that purport to require executive branch officials to submit recommendations for legislation to the Congress, including
section 201, in a manner consistent with the President's constitutional authority to recommend for the consideration of the Congress such measures as the President judges necessary and expedient and to supervise the unitary executive branch.
The executive branch shall construe provisions of the Act, including subsection 401(c) and subsection 2(d) of the Act of March 3, 1927, as amended by
section 402 of the Act, that purport to make consultation with congressional committees 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.
The executive branch shall construe subsection 301(h)(2) of the Customs Procedural Reform and Simplification Act of 1978, as amended by
section 403 of the Act, which purports to give a subordinate official within the executive branch authority to prevent an action by the superior official to whom the subordinate official reports, in a manner consistent with the President's constitutional authority to supervise the unitary executive branch.
The executive branch shall construe
section 709 of the Act, which purports to direct the President to perform the President's duties "acting through" a particular officer, in a manner consistent with the constitutional authority of the President to supervise the unitary executive branch.
The executive branch shall construe as advisory provisions of the Act that purport to direct or burden the conduct of negotiations by the executive branch with foreign governments, international organizations, or other entities abroad, that purport to direct executive branch officials to negotiate with foreign governments or in international organizations to achieve specified foreign policy objectives, or that purport to require the executive branch to disclose deliberations between the United States and foreign countries. Such provisions include
subsections 205(d) and (i) and
803(b) of the Act; subsection 431(b) of the Homeland Security Act of 2002, as amended by
section 301 of the Act; and subsection 629(h) of the Tariff Act of 1930, as amended by
section 404 of the Act. 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.
GEORGE W. BUSH
THE WHITE HOUSE,
October 13, 2006.
►[This signing statement is also found at:]
[link to document at www.whitehouse.gov]
[plain text at the GPO]
[PDF from GPO]
|
ANNOTATIONS FOR 2006-14, PERTAINING TO H.R. 4954 |
|
The Security and Accountability for Every Port Act of 2006, the law to which this
signing statement pertains, is H.R. 4954 (P.L. 109-347) |
|
READ the full text of the Security and Accountability For Every Port Act of 2006
(H.R. 4954) |
File from GPO:
PDF file
Link to GPO: plain text at GPO
Congressional text: enrolled version of HR 4954 from the GPO:
PDF file (79 pages) |
|
CITATIONS to
the Security and Accountability For Every Port Act of 2006
(H.R. 4954) |
H.R. 4954 is Public Law 109-347
120 STAT 1884 |
|
Related Presidential Documents |
President's Remarks on Signing the Security and Accountability for Every Port Act of 2006
(October 13, 2006) --
42 WCPD 1815 (October 16, 2006)
|
|
Related Executive Branch Documents |
1.
Statement of Administration Policy, H.R. 4954 - Port Security Improvement Act of 2006 (Senate) (September 12, 2006) (source: White House web site)
2 .
Statement of Administration Policy, H.R. 4954 -
Security and Accountability for Every Port (SAFE Port) Act
(House) (May 4, 2006) (source: White House web site) |
|
TABLE OF CONTENTS of the
Security and Accountability For Every Port Act of 2006
(H.R. 4954)
(provisions mentioned in the signing statement are highlighted) |
TITLE I—SECURITY OF UNITED STATES SEAPORTS
Subtitle A—General Provisions
Sec. 101. Area Maritime Transportation Security Plan to include salvage response plan.
Sec. 102. Requirements relating to maritime facility security plans.
Sec. 103. Unannounced inspections of maritime facilities.
Sec. 104. Transportation security card.
Sec. 105. Study to identify redundant background records checks.
Sec. 106. Prohibition of issuance of transportation security cards to persons convicted of certain felonies.
Sec. 107. Long-range vessel tracking.
Sec. 108. Establishment of interagency operational centers for port security.
Sec. 109. Notice of arrival for foreign vessels on the Outer Continental Shelf.
Sec. 110. Enhanced crewmember identification.
Subtitle B—Port Security Grants; Training and Exercise Programs
Sec. 111. Risk assessment tool.
Sec. 112. Port security grants.
Sec. 113. Port Security Training Program.
Sec. 114. Port Security Exercise Program.
Sec. 115. Facility exercise requirements.
Subtitle C—Port Operations
Sec. 121. Domestic radiation detection and imaging.
Sec. 122. Inspection of car ferries entering from abroad.
Sec. 123. Random searches of containers.
Sec. 124. Work stoppages and employee-employer disputes.
Sec. 125. Threat assessment screening of port truck drivers.
Sec. 126. Border Patrol unit for United States Virgin Islands.
Sec. 127. Report on arrival and departure manifests for certain commercial vessels in the United States Virgin Islands.
Sec. 128. Center of Excellence for Maritime Domain Awareness.
TITLE II—SECURITY OF THE INTERNATIONAL SUPPLY CHAIN
Subtitle A—General Provisions
Sec. 201. Strategic plan to enhance the security of the international supply chain.
Sec. 202. Post-incident resumption of trade.
Sec. 203. Automated Targeting System.
Sec. 204. Container security standards and procedures.
Sec. 205. Container Security Initiative.
Subtitle B—Customs–Trade Partnership Against Terrorism
Sec. 211. Establishment.
Sec. 212. Eligible entities.
Sec. 213. Minimum requirements.
Sec. 214. Tier 1 participants in C–TPAT.
Sec. 215. Tier 2 participants in C–TPAT.
Sec. 216. Tier 3 participants in C–TPAT.
Sec. 217. Consequences for lack of compliance.
Sec. 218. Third party validations.
Sec. 219. Revalidation.
Sec. 220. Noncontainerized cargo.
Sec. 221. C–TPAT program management.
Sec. 222. Additional personnel.
Sec. 223. Authorization of appropriations.
Subtitle C—Miscellaneous Provisions
Sec. 231. Pilot integrated scanning system.
Sec. 232. Screening and scanning of cargo containers.
Sec. 233. International cooperation and coordination.
Sec. 234. Foreign port assessments.
Sec. 235. Pilot program to improve the security of empty containers.
Sec. 236. Information sharing relating to supply chain security cooperation.
TITLE III—ADMINISTRATION
Sec. 301. Office of Cargo Security Policy.
Sec. 302. Reauthorization of Homeland Security Science and Technology Advisory Committee.
Sec. 303. Research, development, test, and evaluation efforts in furtherance of maritime and cargo security.
TITLE IV—AGENCY RESOURCES AND OVERSIGHT
Sec. 401. Trade and customs revenue functions of the department.
Sec. 402. Office of international trade; oversight.
Sec. 403. Resources.
Sec. 404. Negotiations.
Sec. 405. International Trade Data System.
Sec. 406. In-bond cargo.
Sec. 407. Sense of the Senate.
TITLE V—DOMESTIC NUCLEAR DETECTION OFFICE
Sec. 501. Establishment of Domestic Nuclear Detection Office.
Sec. 502. Technology research and development investment strategy for nuclear and radiological detection.
TITLE VI—COMMERCIAL MOBILE SERVICE ALERTS
Sec. 601. Short title.
Sec. 602. Federal Communications Commission duties.
Sec. 603. Commercial Mobile Service Alert Advisory Committee.
Sec. 604. Research and development.
Sec. 605. Grant program for remote community alert systems.
Sec. 606. Funding.
Sec. 607. Essential services disaster assistance.
Sec. 608. Community disaster loans.
Sec. 609. Public facilities.
Sec. 610. Expedited payments.
Sec. 611. Use of local contracting.
Sec. 612. FEMA programs.
Sec. 613. Homeland security definition.
TITLE VII—OTHER MATTERS
Sec. 701. Security plan for essential air service and small community airports.
Sec. 702. Disclosures regarding homeland security grants.
Sec. 703. Trucking security.
Sec. 704. Air and Marine Operations of the Northern Border Air Wing.
Sec. 705. Phaseout of vessels supporting oil and gas development.
Sec. 706. Coast Guard property in Portland, Maine.
Sec. 707. Methamphetamine and methamphetamine precursor chemicals.
Sec. 708. Aircraft charter customer and lessee prescreening program.
Sec. 709. Protection of health and safety during disasters.
TITLE VIII—UNLAWFUL INTERNET GAMBLING ENFORCEMENT
Sec. 801. Short title.
Sec. 802. Prohibition on acceptance of any payment instrument for unlawful Internet gambling.
Sec. 803. Internet gambling in or through foreign jurisdictions. |
For Immediate Release
Office of the Press Secretary
October 17, 2006
President's Statement on H.R. 233, the "Northern California Coastal Wild Heritage Wilderness Act"
[2006-15] -- 42
WCPD 1836 (October 23, 2006)
Today, I have signed into law
H.R. 233, the "Northern California Coastal Wild Heritage Wilderness Act." The Act strengthens protection of certain lands in California.
Section 4(i)(2) of the Act purports to give binding legal effect to guidelines in an appendix to a report issued by a congressional committee, which was not incorporated into the Act and for which presentment was not made. Consistent with the bicameral approval and presentment requirements of the Constitution for the making of a law, the executive branch shall, in carrying out the Act, take appropriate account of the guidelines as a matter of comity between the executive and legislative branches.
GEORGE W. BUSH
THE WHITE HOUSE,
October 17, 2006.
►[This signing statement is also found at:]
[link to document at www.whitehouse.gov]
[plain text at the GPO]
[PDF from GPO]
|
ANNOTATIONS FOR 2006-15, PERTAINING TO
H.R. 233 |
|
The Northern California Coastal Wild Heritage Wilderness Act, the law to which this
signing statement pertains, is H.R. 233 (P.L. 109-362) |
|
READ the full text of the Northern California Coastal Wild Heritage Wilderness Act
(H.R. 233) |
File from GPO:
PDF file
Link to GPO: plain text at GPO
Congressional text: enrolled version of H.R. 233 from the GPO:
PDF file |
|
CITATIONS to the
the Northern California Coastal Wild Heritage Wilderness Act
(H.R. 233) |
H.R. 233 is Public Law 109-362
120 STAT 2064
|
For Immediate Release
Office of the Press Secretary
October 17, 2006
President's Statement on H.R. 5122, the "John Warner National Defense Authorization Act for Fiscal Year 2007"
[2006-16] -- 42
WCPD 1836 (October 23, 2006)
Today, I have signed into law
H.R. 5122, the "John Warner National Defense Authorization Act for Fiscal Year 2007" (the "Act"). The Act authorizes funding for the defense of the United States and its interests abroad, for military construction, for national security-related energy programs, and for maritime security-related transportation programs.
Several provisions of the Act call for executive branch officials to submit to the Congress recommendations for legislation, or purport to regulate the manner in which the President formulates recommendations to the Congress for legislation. These provisions include sections
516(h),
575(g),
603(b),
705(d),
719(b),
721(e),
741(e),
813,
1008,
1016(d),
1035(b)(3),
1047(b), and
1102 of the Act, section 118(b)(4) of title 10, United States Code, as amended by section
1031 of the Act, section 2773b of title 10 as amended by section
1053 of the Act, and section 403 of the Ronald W. Reagan National Defense Authorization Act for Fiscal Year 2005 (Public Law 108-375) as amended by section
403
of the Act. The executive branch shall construe 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 deems necessary and expedient.
The executive branch shall construe sections
914 and
1512 of the Act, which purport 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 in the Act call for the executive branch to furnish information to the Congress or other entities on various subjects. These provisions include sections
219,
313,
360,
1211,
1212,
1213,
1227,
1402, and
3116 of the Act, section 427 of title 10, United States Code, as amended by section
932 of the Act, and section 1093 of the Ronald W. Reagan National Defense Authorization Act for Fiscal Year 2005 (Public Law 108-375) as amended by section
1061 of the Act. 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, the national security, the deliberative processes of the Executive, or the performance of the Executive's constitutional duties.
The executive branch shall construe as advisory section
1011(b)(2) of the Act, which purports to prohibit the Secretary of the Navy from retiring a specified warship from operational status unless, among other things, a treaty organization established by the U.S. and foreign nations gives formal notice that it does not desire to maintain and operate that warship. If construed as mandatory rather than advisory, the provision would impermissibly interfere with the President's constitutional authority to conduct the Nation's foreign affairs and as Commander in Chief.
The executive branch shall construe section
1211, which purports to require the executive branch to undertake certain consultations with foreign governments and follow certain steps in formulating and executing U.S. foreign policy, in a manner consistent with the President's constitutional authorities to conduct the Nation's foreign affairs and to supervise the unitary executive branch.
As is consistent with the principle of statutory construction of giving effect to each of two statutes addressing the same subject whenever they can co-exist, the executive branch shall construe section 130d of title 10, as amended by section
1405 of the Act, which provides further protection against disclosure of certain homeland security information in certain circumstances, as in addition to, and not in derogation of, the broader protection against disclosure of information afforded by section 892 of the
Homeland Security Act of 2002 and other law protecting broadly against disclosure of such information.
GEORGE W. BUSH
THE WHITE HOUSE,
October 17, 2006.
►[This signing statement is also found at:]
[link to document at www.whitehouse.gov]
[plain text at the GPO]
[PDF from GPO]
|
ANNOTATIONS FOR 2006-16, PERTAINING TO H.R. 5122 |
|
The John Warner National Defense Authorization Act for Fiscal Year 2007, the law to which this
signing statement pertains, is H.R. 5122 (P.L. 109-364) |
|
READ the full text of the John Warner National Defense Authorization Act for Fiscal Year 2007
(H.R. 5122) |
File from GPO:
PDF file
Link to GPO: plain text at GPO
Congressional text: enrolled version of H.R. 5122 from the GPO:
PDF file (439 pp) |
|
CITATIONS to the John Warner National Defense Authorization Act for Fiscal Year 2007
(H.R. 5122) |
H.R. 5122 is Public Law 109-364
120 STAT 2083
|
|
READ the 31 provisions of the John Warner National Defense Authorization Act for Fiscal Year 2007
(H.R. 5122) mentioned in the signing statement |
TITLE II--RESEARCH, DEVELOPMENT, TEST, AND EVALUATION
Subtitle B--Program Requirements, Restrictions, and Limitations
Sec. 219. Report on program for replacement of nuclear warheads on certain Trident sea-launched ballistic missiles with conventional warheads.
TITLE III--OPERATION AND MAINTENANCE
Subtitle B--Environmental Provisions
Sec. 313. Response plan for remediation of unexploded ordnance, discarded military munitions, and munitions constituents.
Subtitle F--Other Matters
Sec. 360. Energy efficiency in weapons platforms.
TITLE IV--MILITARY PERSONNEL AUTHORIZATIONS
Subtitle A--Active Forces
Sec. 403. Additional authority for increases of Army and Marine Corps active duty end strengths for fiscal years 2008 and 2009.
TITLE V--MILITARY PERSONNEL POLICY
Subtitle A--Officer Personnel Policy
Part III--Joint Officer Management Requirements
Sec. 516. Modification and enhancement of general authorities on management of officers who are joint qualified.
Subtitle H--Impact Aid and Defense Dependents Education System
Sec. 575. Pilot program on parent education to promote early childhood education for dependent children affected by military deployment or relocation of military units.
TITLE VI--COMPENSATION AND OTHER PERSONNEL BENEFITS
Subtitle A--Pay and Allowances
Sec. 603. One-year extension of prohibition against requiring certain injured members to pay for meals provided by military treatment facilities.
TITLE VII--HEALTH CARE PROVISIONS
Subtitle A--TRICARE Program Improvements
Sec. 705. Demonstration project on coverage of selected over-the-counter drugs under the pharmacy benefits program
Subtitle B--Studies and Reports
Sec. 719. Review of Department of Defense medical quality improvement program.
Sec. 721. Longitudinal study on traumatic brain injury incurred by members of the Armed Forces in Operation Iraqi Freedom and Operation Enduring Freedom.
Subtitle D--Other Matters
Sec. 741. Pilot projects on early diagnosis and treatment of post traumatic stress disorder and other mental health conditions.
TITLE VIII--ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND RELATED MATTERS
Subtitle B--Acquisition Policy and Management
Sec. 813. Establishment of Panel on Contracting Integrity.
TITLE IX--DEPARTMENT OF DEFENSE ORGANIZATION AND MANAGEMENT
Subtitle B--Space Activities
Sec. 914. Independent review and assessment of Department of Defense organization and management for national security in space.
Subtitle D--Intelligence-Related Matters
Sec. 932. Annual reports on intelligence oversight activities of the Department of Defense.
TITLE X--GENERAL PROVISIONS
Subtitle A--Financial Matters
Sec. 1008. Budgeting for ongoing military operations in Afghanistan and Iraq.
Subtitle B--Policy Relating to Vessels and Shipyards
Sec. 1011. Aircraft carrier force structure.
Sec. 1016. Assessments of naval vessel construction efficiencies and of effectiveness of special contractor incentives.
Subtitle D--Force Structure and Defense Policy Matters
Sec. 1031. Improvements to Quadrennial Defense Review.
Sec. 1035. Presidential report on improving interagency support for United States 21st century national security missions and interagency operations in support of stability, security, transition, and reconstruction operations.
Subtitle E--Reports
Sec. 1047. Requirement for identification of recently enacted recurring reporting requirements applicable to the Department of Defense.
Subtitle F--Miscellaneous Authorities and Limitations on Availability and Use of Funds
Sec. 1053. Prohibition on parking of funds.
Subtitle G--Matters Involving Detainees
Sec. 1061. Provision of information to Congress on certain criminal investigations and prosecutions involving detainees.
TITLE XI--CIVILIAN PERSONNEL MATTERS
Sec. 1102. Strategy for improving the senior management, functional, and technical workforce of the Department of Defense.
TITLE XII--MATTERS RELATING TO FOREIGN NATIONS
Subtitle B--Nonproliferation Matters and Countries of Concern
Sec. 1211. North Korea.
Sec. 1212. Report on participation of multinational partners in the United Nations Command in the Republic of Korea.
Sec. 1213. Intelligence on Iran.
Subtitle C--Other Matters
Sec. 1227. Report on the implementation of the Darfur Peace Agreement.
TITLE XIV--MATTERS RELATED TO DEFENSE AGAINST TERRORISM AND RELATED SECURITY MATTERS
Sec. 1402. Quarterly reports on Department of Defense response to threat posed by improvised explosive devices.
Sec. 1405. Treatment under Freedom of Information Act of certain confidential information shared with State and local personnel.
TITLE XV--AUTHORIZATION FOR INCREASED COSTS DUE TO OPERATION IRAQI FREEDOM AND OPERATION ENDURING FREEDOM
Sec. 1512. Transfer authority.
TITLE XXXI--DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS
Subtitle B--Program Authorizations, Restrictions, and Limitations
Sec. 3116. National Academy of Sciences study of quantification of margins and uncertainty methodology for assessing and certifying the safety and reliability of the nuclear stockpile. |
|
Related Presidential Documents |
Statement of Administration Policy, H.R. 5122 - National Defense Authorization Act for Fiscal Year 2007 (House) (May 11, 2006) (source: White House web site) |
|
GAO Documents |
GAO Report 07-145 to Congressional Committees: MILITARY OPERATIONS: High-Level DOD Action Needed to Address Long-standing Problems with Management and Oversight of Contractors Supporting Deployed Forces (December 18, 2006) (source: GAO web site) |
|
Congressional Research Service |
CRS Report for Congress RS22330: Improvised Explosive Devices (IEDs) in Iraq and Afghanistan: Effects and Countermeasures (updated September 25, 2006) (source: U.S. Department of State web site) |
For Immediate Release
Office of the Press Secretary
December 18, 2006
President's Statement on H.R. 5682, the "Henry J. Hyde United States-India Peaceful Atomic Energy
Cooperation Act of 2006"
[2006-17] -- 42
WCPD 2179 (December 25, 2006)
Today I have signed into law H.R. 5682, an Act containing the "Henry J. Hyde United States-India Peaceful Atomic Energy Cooperation Act of 2006." The Act will strengthen the strategic relationship between the United States and India and deliver valuable benefits to both nations.
Section 103 of the Act purports to establish U.S. policy with respect to various international affairs matters. My approval of the Act does not constitute my adoption of the statements of policy 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. Also, if
section 104(d)(2) of the Act were construed to prohibit the executive branch from transferring or approving the transfer of an item to India contrary to Nuclear Suppliers Group transfer guidelines that may be in effect at the time of such future transfer, a serious question would exist as to whether the provision unconstitutionally delegated legislative power to an international body. In order to avoid this constitutional question, the executive branch shall construe
section 104(d)(2) as advisory. The executive branch will give
sections 103 and
104(d)(2) the due weight that comity between the legislative and executive branches should require, to the extent consistent with U.S. foreign policy.
The executive branch shall construe provisions of the Act that mandate, regulate, or prohibit submission of information to the Congress, an international organization, or the public, such as sections
104,
109,
261,
271,
272,
273,
274, and
275, in a manner consistent with the President's constitutional authority to protect and control information that 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,
December 18, 2006.
►[This signing statement is also found at:]
[link to document at www.whitehouse.gov]
[plain text at the GPO]
[PDF from GPO]
|
ANNOTATIONS FOR 2006-17, PERTAINING TO
H.R. 5682 |
|
The "Henry J. Hyde United States-India Peaceful Atomic Energy Cooperation Act of 2006," the law to which this
signing statement pertains, is H.R. 5682 (P.L. 109-401) |
|
READ the full text of
the "Henry J. Hyde United States-India Peaceful Atomic Energy Cooperation Act of 2006" (H.R. 5682) |
File from
GPO:
PDF file
Link to GPO:
plain
text at GPO
Congressional text: enrolled version of H.R. 5682 from the GPO:
PDF file
|
|
CITATIONS to the "Henry J. Hyde United States-India Peaceful Atomic Energy Cooperation Act of 2006" (H.R. 5682) |
H.R. 5682 is Public Law 109-401
120 STAT
2726
|
|
Related Presidential Documents |
1.
Statement of Administration Policy, H.R. 5682 - United States and India Nuclear Cooperation Promotion Act of 2006 (House) (July 26, 2006) (source: White House web site)
2.
President's remarks upon signing the
Henry Hyde United States-India Peaceful Atomic Energy Cooperation Act (December 18, 2006) |
|
Congressional Research Service |
1. CRS Report for Congress RL33529: India-U.S. Relations (updated January 3, 2007) (source: U.S. State Department web site)
2.
CRS Report for Congress RL33016, U.S. Nuclear Cooperation With India: Issues for Congress (updated November
3, 2008) (source: U.S. State Department web site)
3.
CRS Report for Congress RL33292: India’s Nuclear Separation Plan: Issues and Views (updated November 21, 2006) (source: U.S. State Department web site) |
For Immediate Release
Office of the Press Secretary
December 19, 2006
President's Statement on Combating Autism Act of 2006
[2006-18] -- 42 WCPD 2182 (December 25, 2006)
For the millions of Americans whose lives are affected by autism, today is a day of hope. The
Combating Autism Act of 2006 will increase public awareness about this disorder and provide enhanced federal support for autism research and treatment. By creating a national education program for doctors and the public about autism, this legislation will help more people recognize the symptoms of autism. This will lead to early identification and intervention, which is critical for children with autism. I am proud to sign this bill into law and confident that it will serve as an important foundation for our Nation's efforts to find a cure for autism.
►[This signing statement is also found at:]
[link to document at www.whitehouse.gov]
[plain text at the GPO]
[PDF from GPO]
|
ANNOTATIONS FOR 2006-18, PERTAINING TO S.
843 |
|
The Combating Autism Act of 2006, the law to which this
signing statement pertains, is S. 843 (P.L. 109-416) |
|
READ the full text of the
Combating Autism Act of 2006 (S. 843) |
File from GPO:
PDF file
Link to GPO: plain text at GPO
Congressional text: enrolled version of S. 843 from the GPO:
PDF file |
|
CITATIONS to the Combating Autism Act of 2006 (S. 843) |
S. 843 is Public Law 109-416
120 STAT 2821 |
For Immediate Release
Office of the Press Secretary
December 20, 2006
President's Statement on Tax Relief and Health Care Act of 2006
[2006-19] -- 42
WCPD 2195 (December 25, 2006)
Today I have signed into law
H.R. 6111, the "Tax Relief and Health Care Act of 2006." The Act prevents tax increases that would have taken effect in the absence of the Act, facilitates effective use of health savings accounts, makes available natural resources of the outer continental shelf, and strengthens American laws in support of free trade.
The executive branch shall construe provisions of the Act, including
section 406(c)(2) in Division A and
section 203(b) in Division B, that call for executive branch officials to submit 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 congressional consideration such measures as the President shall judge necessary and expedient.
The executive branch shall construe as advisory provisions of the Act that purport to require concurrence of State officials as a precondition to execution of the laws, including
section 415(b) of the Surface Mining Control and Reclamation Act of 1977 as amended by section 207 in Division C and
section 311(d) in Division C, as is consistent with the Constitution's vesting in the President of the executive power and the duty to take care that the laws be faithfully executed.
The executive branch shall construe provisions of the Act, including
section 4005(b) in Division D and
section 213A(f) of the Caribbean Basin Economic Recovery Act as amended by section 5002 in Division D, that purport to make consultation with committees of Congress 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.
GEORGE W. BUSH
THE WHITE HOUSE,
December 20, 2006.
►[This signing statement is also found at:]
[link to document at www.whitehouse.gov]
[plain text at the GPO]
[PDF from GPO]
|
ANNOTATIONS FOR 2006-19, PERTAINING TO H.R.
6111 |
|
The Tax Relief and Health Care Act of 2006, the law to which this
signing statement pertains, is H.R. 6111 (P.L. 109-432) |
|
READ the full text of the
Tax Relief and Health Care Act of 2006 (H.R. 6111) |
File from GPO:
PDF file
Link to GPO:
plain
text at GPO
Congressional text: enrolled version of H.R. 6111 from the GPO:
PDF file |
|
CITATIONS to theTax Relief and Health Care Act of 2006 (H.R. 6111) |
H.R. 6111 is Public Law 109-432
120 STAT
2922 |
|
Related Presidential Documents |
President's remarks upon signing the
Tax Relief and Health Care Act of 2006
(December 20, 2006) (PDF from the GPO) |
For Immediate Release
Office of the Press Secretary
December 20, 2006
President's Statement on H.R. 6407, the "Postal Accountability and Enhancement Act"
[2006-20] -- 42
WCPD 2196 (December 25, 2006)
Today I have signed into law H.R. 6407, the "Postal Accountability and Enhancement Act." The Act is designed to improve the quality of postal service for Americans and to strengthen the free market for delivery services.
The executive branch shall construe sections 3662 and 3663 of title 39, United States Code, as enacted by
section 205 of the Act, not to authorize an officer or agency within the executive branch to institute proceedings in Federal court against the Postal Regulatory Commission, which is another part of the executive branch, as is consistent with the constitutional authority of the President to supervise the unitary executive branch and the constitutional limitation of Federal courts to deciding cases or controversies.
The executive branch shall construe subsection 409(h) of title 39, as enacted by
section 404 of the Act, which relates to legal representation for an element of the executive branch, in a manner consistent with the constitutional authority of the President to supervise the unitary executive branch and to take care that the laws be faithfully executed.
The executive branch shall construe section 407 of title 39, as enacted by
section 405 of the Act, in a manner consistent with the President's constitutional authority to conduct the Nation's foreign affairs, including the authority to determine which officers shall negotiate for the United States and toward what objectives, to make treaties by and with the advice and consent of the Senate, and to supervise the unitary executive branch.
The executive branch shall construe subsections 202(a) and 502(a) of title 39, as enacted by
subsections 501(a) and
601(a) of the Act, which purport to limit the qualifications of the pool of persons from whom the President may select appointees in a manner that rules out a large portion of those persons best qualified by experience and knowledge to fill the positions, in a manner consistent with the Appointments Clause of the Constitution. The executive branch shall also construe as advisory the purported deadline in
subsection 605(c) for the making of an appointment, as is consistent with the Appointments Clause.
The executive branch shall construe subsection 404(c) of title 39, as enacted by
subsection 1010(e) of the Act, which provides for opening of an item of a class of mail otherwise sealed against inspection, in a manner consistent, to the maximum extent permissible, with the need to conduct searches in exigent circumstances, such as to protect human life and safety against hazardous materials, and the need for physical searches specifically authorized by law for foreign intelligence collection.
The executive branch shall construe provisions of the Act that call for executive branch officials to submit 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 congressional consideration such measures as the President shall judge necessary and expedient. Such provisions include subsection 504(d) and section 2009 of title 39, as amended by
section 603 of the Act, and
sections 701(a)(2),
702(b),
703(b),
708(b), and
709(b)(2) of the Act.
GEORGE W. BUSH
THE WHITE HOUSE,
December 20, 2006.
►[This signing statement is also found at:]
[link to document at www.whitehouse.gov]
[plain text at the GPO]
[PDF from GPO]
|
ANNOTATIONS FOR 2006-20, PERTAINING TO H.R.
6407 |
|
The Postal Accountability and Enhancement Act, the law to which this
signing statement pertains, is H.R. 6407 (P.L. 109-435) |
|
READ the full text of the
Postal Accountability and Enhancement Act (H.R. 6407) |
File from GPO:
PDF file
Link to GPO:
plain
text at GPO
Congressional text: enrolled version of H.R. 6407 from the GPO:
PDF file |
|
CITATIONS to the Postal Accountability and Enhancement Act (H.R. 6407) |
H.R. 6407 is Public Law 109-435
120 STAT
3198 |
|
Congressional Documents |
Remarks of Senator Susan Collins (R-Maine) upon introducing Senate Resolution 22, relating to President Bush's signing statement for H.R. 6407, the Postal Accountability and Enhancement Act, and the text of Senate Resolution 22 (110th Congress): pages
S394 and
S395 of the Congressional Record. (source: GPO web site) |
|
Congressional Research
Service |
CRS Report for Congress, RL33886:
Statutory Qualifications for Executive Branch Positions (February 20, 2007)
(source: Open CRS – user-submitted) (discusses signing statement for PL 109-295
and mentions signing statement for the Postal Accountability and
Enhancement Act) |
For Immediate Release
Office of the Press Secretary
December 21, 2006
President's Statement on H.R. 5076, the "National Transportation Safety Board Reauthorization Act of 2006"
[2006-21] -- 42
WCPD 2199 (December 25, 2006)
Today I have signed into law H.R. 5076, the "National Transportation Safety Board Reauthorization Act of 2006." The Act authorizes funding for the Board and makes adjustments to its authority and duties.
Section 2(a)(2) of the Act requires the Board to develop an operating plan for the National Transportation Safety Board Academy, obtain and respond to comments from a legislative agent regarding that plan, submit the plan to congressional committees with a description of modifications made in response to comments from the legislative agent, and then implement the plan within 2 years. The executive branch shall construe the provision in a manner consistent with the Constitution's provisions concerning the separate powers of the Congress to legislate and the President to execute the laws.
The executive branch shall construe section 1113(c) of title 49, United States Code, as amended by
section 9(f) of the Act, which relates to the Board's review and comment or approval of documents submitted to the President, Director of the Office of Management and Budget, or 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.
The executive branch shall construe
section 11(c) of the Act, relating to executive branch reports to the Congress concerning investigations of alleged criminal and fraudulent activities in connection with a specified project, in a manner consistent with the constitutional authorities of the President to supervise the unitary executive branch and to withhold information the disclosure of which could impair the performance of the Executive's constitutional duties, including the conduct of investigations and prosecutions to take care that the laws be faithfully executed.
GEORGE W. BUSH
THE WHITE HOUSE,
December 21, 2006.
►[This signing statement is also found at:]
[link to document at www.whitehouse.gov]
[plain text at the GPO]
[PDF from GPO]
|
ANNOTATIONS FOR 2006-21, PERTAINING TO H.R.
5076 |
|
The National Transportation Safety Board Reauthorization Act of 2006, the law to which this
signing statement pertains, is H.R. 5076 (P.L. 109-443) |
|
READ the full text of the
National Transportation Safety Board Reauthorization Act of 2006 (H.R. 5076) |
File from GPO:
PDF file
Link to GPO: plain text
Congressional text: (a) enrolled version of H.R. 5076 from the GPO:
PDF file
(b) as received by the Senate from the House 12/6/2006, from GPO:
PDF file |
|
CITATIONS to the
National Transportation Safety Board Reauthorization Act of 2006 (H.R. 5076) |
H.R. 5076 is Public Law 109-443
120 STAT 3297 |
For Immediate Release
Office of the Press Secretary
December 21, 2006
President's Statement on S. 2370, the "Palestinian Anti-Terrorism Act of 2006"
[2006-22] -- 42
WCPD 2199 (December 25, 2006)
Today I have signed into law S. 2370, the "Palestinian Anti-Terrorism Act of 2006." The Act is designed to promote the development of democratic institutions in areas under the administrative control of the Palestinian Authority.
Section 2 of the Act purports to establish U.S. policy with respect to various international affairs matters. My approval of the Act does not constitute my adoption of the statements of policy 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. The executive branch will give
section 2 the due weight that comity between the legislative and executive branches should require, to the extent consistent with U.S. foreign policy.
The executive branch shall construe section 3(b) of the Act, which relates to access to certain information by a legislative agent, and section 11 of the Act, which relates to a report on certain assistance by foreign countries, international organizations, or multilateral development banks, in a manner consistent with the President's constitutional authority to withhold information that could impair foreign relations, national security, the deliberative processes of the Executive, or the performance of the Executive's constitutional duties.
Section 620K(e)(2)(A) and 620L(b)(4)(B)(i) of the Foreign Assistance Act of 1961, as enacted by
sections 2(b)(2) and
3(a) of the Act, purport to require the President to consult with committees of the Congress prior to exercising certain authority granted to the President by sections 620K and 620L. Because the constitutional authority of the President 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 decisionmaking, the executive branch shall construe the references in the provisions to consulting to require only notification.
The executive branch shall construe section 7 of the Act, which relates to establishing or maintaining certain facilities or establishments within the jurisdiction of the United States, in a manner consistent with the President's constitutional authority to conduct the Nation's foreign affairs, including the authority to receive ambassadors and other public ministers.
The executive branch shall construe as advisory the provisions of the Act, including
section 9, that purport to direct or burden the conduct of negotiations by the executive branch with entities abroad. 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, including protection of American citizens and American military and other Government personnel abroad, and to supervise the unitary executive branch.
GEORGE W. BUSH
THE WHITE HOUSE,
December 21, 2006.
►[This signing statement is also found at:]
[link to document at www.whitehouse.gov]
[plain text at the GPO]
[PDF from GPO]
|
ANNOTATIONS FOR 2006-22, PERTAINING TO S.
2370 |
|
The Palestinian Anti-Terrorism Act of 2006, the law to which this
signing statement pertains, is S. 2370 (P.L. 109-446) |
|
READ the full text of the
Palestinian Anti-Terrorism Act of 2006 (S. 2370) |
File from GPO:
PDF file
Link to GPO: plain text at GPO
Congressional text: enrolled version of S. 2370 from the GPO:
PDF file |
|
CITATIONS to the
Palestinian Anti-Terrorism Act of 2006 (S. 2370) |
S. 2370 is Public Law 109-446
120 STAT 3318 |
For Immediate Release
Office of the Press Secretary
December 29, 2006
President Signs H.R. 6344, the "Office of National Drug Control Policy Reauthorization Act of 2006"
[2006-23] -- 42
WCPD
2212 (January 1, 2007)
Today I have signed into law H.R. 6344, the "Office of National Drug Control Policy Reauthorization Act of 2006" (the "Act"). The Act amends the Office of National Drug Control Policy Reauthorization Act of 1998 (Title VII in Division C of Public Law 105-277) (the "1998 Act") and adjusts the authorities and duties of the Director of the Office of National Drug Control Policy.
The executive branch shall construe section 704(f)(5) of the 1998 Act, as amended by
section 103(e) of the Act, which prohibits taking certain action if it is contrary to the expressed intent of the Congress, as referring to action contrary to a law. The executive branch shall also construe provisions of the Act that refer to submission of requests to the Congress for reprogramming or transfer of funds, or to obtaining congressional committee approval, such as sections 708(c)(6) and 709(b)(2) of the 1998 Act, as enacted by
sections 401 and
501 of the Act, as requiring only notification. Any other construction of these provisions 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 provisions of the Act that purport to authorize or require executive branch officials to submit 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 congressional consideration such measures as the President shall judge necessary and expedient. Such provisions include section 711(a)(4) of the 1998 Act as enacted by
section 103(f) of the Act and
sections 1103(2)(D) and
1110(c) of the Act.
The executive branch shall construe provisions of the Act that concern the making of reports or the submission of classified national security information to the Congress in a manner consistent with the constitutional authority of the President to supervise the unitary executive branch and to withhold information the disclosure of which could impair foreign relations, the national security, the deliberative processes of the Executive, or the performance of the Executive's constitutional duties. Such provisions include sections 704(c)(2)(A), 706, 711(a)(4), and 711(b)(4) of the 1998 Act, as enacted by
sections 103(f),
105(b), and
201 of the Act, and
sections 1104,
1109, and
1110 of the Act.
The executive branch shall construe provisions of the Act, including sections 704(c)(1)(C) and 704(c)(3)(C) of the 1998 Act, as enacted by
section 105 of the Act, that purport to regulate the content of executive agency budget submissions to an officer within the executive branch in the development of the President's annual budget submission, in a manner consistent with the constitutional authority of the President to require the written opinions of the principal officers of the executive departments and to supervise the unitary executive branch.
GEORGE W. BUSH
THE WHITE HOUSE,
December 29, 2006.
►[This signing statement is also found at:]
[link to document at www.whitehouse.gov]
[plain text at the GPO]
[PDF from GPO]
|
ANNOTATIONS FOR 2006-23, PERTAINING TO H.R.
6344 |
|
The Office of National Drug Control Policy Reauthorization Act of 2006, the law to which this
signing statement pertains, is H.R. 6344 (P.L. 109-469) |
|
READ the full text of the
Office of National Drug Control Policy Reauthorization Act of 2006 (H.R 6344) |
File from GPO:
PDF file
Link to GPO:
plain
text at GPO
Congressional text: enrolled version of H.R. 6344 from the GPO:
PDF file
|
|
CITATIONS to
the Office of National Drug Control Policy Reauthorization Act of 2006 (H.R. 6344) |
H.R.
6344 is Public Law 109-469
120 STAT 3502 |
|
|
