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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:
PDF
Link to GPO:
plain text |
|
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]
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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) |
File from GPO: PDF
Link to GPO:
plain text |
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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]
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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) |
File from GPO:
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Link to GPO:
plain text
|
READ the full text of the "USA PATRIOT Act Additional
Reauthorizing Amendments Act of 2006"(S. 2271) |
File from GPO:
PDF | |
