For Immediate Release
Office of the Press Secretary
March 21, 2001
 

Statement by the President
[2001-01] --  37 WCPD 477 (March 26, 2001)
 

Today I have signed into law S.J. Res. 6, a measure that repeals an unduly burdensome and overly broad regulation dealing with ergonomics. This is the first time the Congressional Review Act has been put to use. This resolution is a good and proper use of the Act because the different branches of our Government need to be held accountable.

There needs to be a balance between and an understanding of the costs and benefits associated with Federal regulations.  In this instance, though, in exchange for uncertain benefits, the ergonomics rule would have cost both large and small employers billions of dollars and presented employers with overwhelming compliance challenges.  Also, the rule would have applied a bureaucratic one-size-fits-all solution to a broad range of employers and workers -- not good government at work.

The safety and health of our Nation's workforce is a priority for my Administration.  Together we will pursue a comprehensive approach to ergonomics that addresses the concerns surrounding the ergonomics rule repealed today.  We will work with the Congress, the business community, and our Nation's workers to address this important issue.

GEORGE W. BUSH
THE WHITE HOUSE,
March 20, 2001.
 

►[This signing statement is also found at:]
[link to document at www.whitehouse.gov]
[plain text at GPO]
[no PDF file available from GPO]
 

Statement on Signing the Animal Disease Risk Assessment, Prevention, and Control Act of 2001
May 24, 2001
[2001-02] --  37 WCPD 804 (May 28, 2001)


Today I am signing into law S. 700, the ``Animal Disease Risk Assessment, Prevention, and Control Act of 2001.'' The Act is intended to assist the Department of Agriculture in its continuing efforts to protect against introduction into the United States of two unrelated animal diseases occurring abroad--bovine spongiform encephalopathy and foot-and-mouth disease. Preventing such diseases from entering the United States is a high priority, and the Department of Agriculture, in cooperation with other Federal agencies, has put strong measures in place designed to accomplish that goal.

Section 3 of the bill requires the Secretary of Agriculture to submit to certain committees and subcommittees of the Congress a preliminary report concerning any immediate needs for additional legislative authority or appropriations and a final report with recommendations for legislation that will improve efforts to assess, prevent, or control transmission of certain diseases. Section 3 will be interpreted in a manner consistent with the constitutional authority of the President to recommend to the consideration of the Congress such measures as the President shall judge necessary and expedient.

George W. Bush
The White House,
May 24, 2001.

Note [supplied by the GPO]: S. 700, approved May 24, was assigned Public Law No. 107-9. This statement was released by the Office of the Press Secretary on May 25.


►[This signing statement is also found at:]
[not available at White House website]
[plain text at GPO]
[no PDF file available from GPO]
 

For Immediate Release
Office of the Press Secretary
May 28, 2001
 

Statement by the President
[2001-03] --  37 WCPD 819 (June 4, 2001)
 

Today I have signed into law H.R. 1696, a bill to expedite the construction of the World War II memorial in the District of Columbia.  It is indeed fitting that this measure becomes law on Memorial Day.

This legislation will allow the Nation to express the appreciation due the World War II generation for their selfless sacrifices that preserved the freedoms we all enjoy.  I commend the Congress for a truly bipartisan effort to expedite construction of the memorial.

Now that debate over the site and basic design is concluded, the time has come for all concerned with the creation of the memorial to act with the same determination and sense of common purpose so wonderfully displayed by those we honor.  We must get the job done, so that those who served are able to see the Nation's permanent expression of remembrance and thanks.

GEORGE W. BUSH
THE WHITE HOUSE,
May 28, 2001.
 

►[This signing statement is also found at:]
[link to document at www.whitehouse.gov]
[plain text at GPO]
[PDF from GPO]
 

For Immediate Release
Office of the Press Secretary
July 24, 2001

President's Statement on H.R. 2216, the "Supplemental Appropriations Act, FY 2001"
[2001-04] --  37 WCPD 1096 (July 30, 2001)

Today I signed into law H.R. 2216, the "Supplemental Appropriations Act, FY 2001," which provides funding for the Department of Defense and other departments.

This important supplemental appropriation provides urgently needed resources to enhance defense readiness and operations and maintenance; to improve the morale of our service men and service women, and their families; to provide needed home energy assistance for low-income families; to aid -victims of radiation exposures associated with the Government's nuclear weapons testing program; to provide a U.S. contribution for the global trust fund to combat HIV/AIDS, malaria, and tuberculosis; and for other purposes.

I commend the Congress for expeditiously providing critical resources needed to improve our support for our men and women in the military while maintaining a strict fiscal discipline. The Congress provided this additional funding within the budget agreement's discretionary spending limits. The resources I requested for the Department of Defense will help our military readiness and help lay the groundwork for further strengthening after Secretary Rumsfeld's ongoing strategy review.

I applaud the Congress for passing this bill without resorting to the abusive use of the emergency designation. We have seen "emergencies" become a recurring part of the budget process, and become magnets for special-interest, non-essential spending.

I will continue to work with the Congress and the Federal Emergency Management Agency (FEMA) to see that FEMA meets its obligations to perform its extremely important role of disaster relief in a thorough and timely manner.

I hope the bipartisan approval of this bill is a harbinger of improved, more orderly deliberations for the remainder of the FY 2002 appropriations process. The fiscal discipline demon-strated in this Supplemental Appropriations Act, developed with collegiality and in a timely manner, sets a standard for how the Congress should handle spending bills for the next fiscal year.

GEORGE W. BUSH
THE WHITE HOUSE,
July 24, 2001.
 

►[This signing statement is also found at:]
[link to document at www.whitehouse.gov]
[plain text at GPO]
[no PDF file available from GPO]

For Immediate Release
Office of the Press Secretary
August 3, 2001

Statement by the President
[2001-05] --  37 WCPD 1132 (August 6, 2001)

Today, I have signed into law H.R. 1954, the "ILSA Extension Act of 2001." This Act provides for a 5-year extension of the Iran and Libya Sanctions Act (ILSA) with amendments that affect certain of the investment provisions.

I believe that we should review sanctions frequently to assess their effectiveness and continued suitability.  A new provision in this bill mandates a report on the impact of certain actions taken pursuant to the Act.  I approve of this statutorily mandated requirement to periodically assess the effectiveness of sanctions and to recommend whether the Congress should terminate or modify the Act.  The Act also continues the President's power to waive sanctions in the national interest.

My Administration shares the Congress' deep concerns about the objectionable policies and behavior of Iran and Libya.  We are addressing these concerns in a number of ways.  In particular, we are strengthening our efforts with other countries, whose cooperation is essential to pursuing the most effective approaches to solving the problems of proliferation and terrorism addressed by ILSA.

Libya must address its obligations under U.N. Security Council Resolutions.  These relate to the 1988 Lockerbie bombing and require Libya to accept responsibility for the actions of Libyan officials, disclose all it knows about the bombing, renounce terrorism, and pay appropriate compensation.  Cooperative action by Libya on these four issues would make it possible for us to begin to move toward a more constructive relationship.

With respect to Iran, we continue to have serious concerns over its support for terrorism, opposition to the Middle East peace process, and pursuit of weapons of mass destruction.  I hope that the Iranian people's recently expressed desire for a freer, more open, and more prosperous society will give our two countries an opportunity to identify areas where our interests converge, and where we can work together constructively for our mutual benefit.

GEORGE W. BUSH
THE WHITE HOUSE,
August 3, 2001.

►[This signing statement is also found at:]
[link to document at www.whitehouse.gov]
[link to document at GPO]
[no PDF file available from GPO]

For Immediate Release
Office of the Press Secretary
September 18, 2001

President Signs Authorization for Use of Military Force bill
Statement by the President
[2001-06] --  37 WCPD 1333 (September 24, 2001)

Today I am signing Senate Joint Resolution 23, the "Authorization for Use of Military Force."

On September 11, 2001, terrorists committed treacherous and horrific acts of violence against innocent Americans and individuals from other countries.  Civilized nations and people around the world have expressed outrage at, and have unequivocally condemned, these attacks.  Those who plan, authorize, commit, or aid terrorist attacks against the United States and its interests -- including those who harbor terrorists -- threaten the national security of the United States.  It is, therefore, necessary and appropriate that the United States exercise its rights to defend itself and protect United States citizens both at home and abroad.

In adopting this resolution in response to the latest terrorist acts committed against the United States and the continuing threat to the United States and its citizens from terrorist activities, both Houses of Congress have acted wisely, decisively, and in the finest traditions of our country.  I thank the leadership of both Houses for their role in expeditiously passing this historic joint resolution.  I have had the benefit of meaningful consultations with members of the Congress since the attacks of September 11, 2001, and I will continue to consult closely with them as our Nation responds to this threat to our peace and security.

Senate Joint Resolution 23 recognizes the seriousness of the terrorist threat to our Nation and the authority of the President under the Constitution to take action to deter and prevent acts of terrorism against the United States.  In signing this resolution, I maintain the longstanding position of the executive branch regarding the President's constitutional authority to use force, including the Armed Forces of the United States and regarding the constitutionality of the War Powers Resolution.

Our whole Nation is unalterably committed to a direct, forceful, and comprehensive response to these terrorist attacks and the scourge of terrorism directed against the United States and its interests.

GEORGE W. BUSH
THE WHITE HOUSE,
September 18, 2001.

►[This signing statement is also found at:]
[link to document at www.whitehouse.gov]
[link to document at GPO]
[no PDF file available from GPO]

For Immediate Release
Office of the Press Secretary
September 19, 2001

President Signs Brown v. Board of Education Anniversary Commission
[2001-07] --  37 WCPD 1336 (September 24, 2001)

Today I have signed into law H.R. 2133, to create the "Brown v. Board of Education 50th Anniversary Commission." The Commission will advise the Secretary of Education on activities to help celebrate one of the most important decisions ever issued by the U.S. Supreme Court -- the decision that recognized the constitutional right to freedom from racial discrimination in our public schools. Establishing a commission to help celebrate the decision is particularly appropriate as we work to secure passage by the Congress of my Administration's educational initiatives, so that we leave no child behind.

Consistent with the requirements of the Appointments Clause of the Constitution, I welcome the participation, in an advisory capacity on the commission, of representatives of the Judiciary; the Brown Foundation for Education Equity, Excellence, and Research; the NAACP Legal Defense and Education Fund; and the Brown v. Board of Education National Historic Site in the activities of the commission. While the Constitution does not permit them to participate in the performance of executive functions, their advice will be crucial to the effective functioning of the commission. As I exercise my constitutional power of appointment to name 11 members of the commission, under the Appointments Clause and the enabling legislation, I welcome, as a matter of comity, the suggestions of the congressional leadership for those positions.

I look forward to the national celebration in 2004 of the 50th anniversary of the Supreme Court's decision in Brown v. Board of Education.

GEORGE W. BUSH
THE WHITE HOUSE,
September 18, 2001.

 

►[This signing statement is also found at:]
[link to document at www.whitehouse.gov]
[plain text at GPO]
[PDF from GPO]

For Immediate Release
Office of the Press Secretary
September 22, 2001

President Signs Airline Transportation Bill
Statement by the President
[2001-08] --  37 WCPD 1358 (October 1, 2001)

Today I signed the Airline Transportation and Systems Stabilization Act, which will provide urgently needed tools to assure the safety and immediate stability of our Nation's commercial airline system.  This important legislation also establishes a process for compensating victims of the terrorist attacks.

The terrorists who attacked our country on September 11th will not shut down our vital businesses or thwart our way of life.  I commend the Congress for their cooperation and quick action in passing responsible legislation that will improve passenger safety, help the victims and their loved ones, and keep America's airplanes flying while the airlines develop long-term viability plans. 

 

►[This signing statement is also found at:]
[link to document at www.whitehouse.gov]
[plain text at GPO]
[no PDF file available from GPO]

For Immediate Release
Office of the Press Secretary
October 5, 2001

President Signs United Nations Bill
Statement by the President
[2001-09] --  37 WCPD 1422 (October 8, 2001)

Today I am pleased to sign into law S. 248, which authorizes U.S. payments to the United Nations.  This payment constitutes the second of three payments of arrears.  When I met with U.N. Secretary General Kofi Annan in March, I told him that the United States was committed to paying the arrears it owes to the United Nations.  Today, I am glad to take this important step towards fulfilling that commitment.

As the world's preeminent multilateral institution, the United Nations plays a critical role in defusing international crises, resolving longstanding conflicts, and alleviating suffering, poverty, and disease. The United Nations also has a vital role in cracking down on violators of international law and eliminating sources of funding for terrorist operations.

This release of funds will enhance the close bond between the United States and the United Nations, and will help to facilitate the work the United States carries out in concert with other U.N. members.

In making these funds available, Republicans and Democrats in the Congress have again demonstrated their willingness to work together in a constructive manner to address our Nation's challenges at this important time in our history.  I would like to pay a special tribute to Senators Helms and Biden, whose leadership has served as a catalyst for U.N. reform, and provided a means for the United States to fulfill its international obli-gations.  I also wish to thank Representatives Hyde and Lantos, who have worked in a bipartisan manner toward making this payment to the United Nations a reality.

GEORGE W. BUSH
THE WHITE HOUSE,
October 5, 2001.

►[This signing statement is also found at:]
[link to document at www.whitehouse.gov]
[plain text at GPO]
[no PDF file available from GPO]

For Immediate Release
Office of the Press Secretary
November 5, 2001

President Signs Interior Appropriations Bill
Statement by the President
[2001-10] --  37 WCPD 1601 (November 12, 2001)

Today I have signed into law H.R. 2217, the "Department of the Interior and Related Agencies Appropriations Act, 2002."

I appreciate the bipartisan effort that has gone into producing this Act.  The bill abides by the agreed upon aggregate funding level for Fiscal Year 2002 of $686 billion and supports several of my Administration's key initiatives with:

-    funding from the Land and Water Conservation Fund to acquire and conserve lands in national parks, forests, refuges, and public lands, and assist States in promoting conservation and outdoor recreation;

-    funding to reduce the National Park Service deferred maintenance backlog and meet the growing demands on park facilities and resources;

-    funding for Indian school construction to keep us on the 5-year path to eliminate the current school repair and maintenance backlog by 2006; and

-    full funding for key energy programs, such as the Clean Coal Power initiative, to work in partnership with industry to direct research towards reducing the environmental impact of coal used for power generation in the United States.

I am disappointed that my initiative to increase the Low-Income Weatherization Assistance Program by $120 million was reduced by $43 million in the final version of this bill.  This reduction will deny program benefits for over 17,000 low-income families, compared with my request.

Several provisions in the bill purport to require congres-sional approval before executive branch execution of aspects of the bill.  I will interpret such provisions to require notification only, since any other interpretation would contradict the Supreme Court ruling in INS v. Chadha.

GEORGE W. BUSH
THE WHITE HOUSE,
November 5, 2001.

►[This signing statement is also found at:]
[link to document at www.whitehouse.gov]
[plain text at GPO]
[no PDF file available from GPO]
 

For Immediate Release
Office of the Press Secretary
November 5, 2001

President Signs Military Construction Appropriations Bill
Statement by the President
[2001-11] --  37 WCPD 1602 (November 12, 2001)

Today I have signed into law H.R. 2904, the "Military Construction Appropriations Act, 2002," which provides $10.5 billion for military construction and family housing programs administered by the Department of Defense.

I appreciate the bipartisan effort that has gone into producing this Act.  The Act abides by the agreed upon aggregate funding level for Fiscal Year 2002 of $686 billion and funds the vast majority of my request for military construction projects, the military housing program, and other projects for our military personnel and their families.  The requested projects are critical to supporting military readiness and the quality of life for our soldiers.  My Administration showed its commitment to improving the quality of housing available to our military personnel and their families by including an additional $400 million in the FY 2002 Budget.  I want to thank the Congress for including it in this bill. However, I am disappointed that the bill includes a 1.127 percent general reduction, and a rescission of $55 million from the Ballistic Missile Defense Organization.

As America battles terrorism, we must ensure that our men and women in uniform live in, train at, and deploy from adequate facilities.  This bill shows our commitment to our service members by constructing and upgrading military installations, and military family housing in the United States and overseas.

My Administration appreciates that the Congress has worked expeditiously during this difficult and trying time in our Nation's history to consider the FY 2002 appropriations bills.  Now, through a renewed sense of bipartisanship, the Congress and my Administration must work together to ensure the timely enactment of the remaining bills.

GEORGE W. BUSH
THE WHITE HOUSE,
November 5, 2001.

►[This signing statement is also found at:]
[link to document at www.whitehouse.gov]
[plain text at GPO]
[PDF from GPO]
 

For Immediate Release
Office of the Press Secretary
November 13, 2001

President Signs Treasury Appropriations Bill
Statement by the President
[2001-12] --  37 WCPD 1651 (November 19, 2001)

I have signed into Law H.R. 2590, the "Treasury and General Government Appropriations Act, 2002."

I appreciate the bipartisan effort that has gone into producing this Act.  The bill abides by the agreed upon aggregate funding level for Fiscal Year 2002 of $686 billion and supports several of my Administration's key initiatives with funding for:

$    the Prevention of Youth and Gang Violence Initiative, enabling the Bureau of Alcohol, Tobacco, and Firearms to continue its two programs that focus on youth violence reduction;

$    the Western Hemisphere Drug Elimination Act Initiative, which will allow continued implementation of this Act by the United States Customs Service;

$    the New Counterdrug Research and Technology Initiative, which doubles the FY 2000 request for the Counterdrug Technology Assessment Center; and,

$    the Drug Free Communities Initiative.

The Act funds the Department of the Treasury's law enforcement bureaus at $4.8 billion, which is comprised of $2.7 billion for the U.S. Customs Service to protect our Nation's borders and to facilitate the flow of legitimate trade and passengers, and $924 million for the protective operations of the United States Secret Service, including $45 million for additional special agents.  The Act augments funding for Treasury's ongoing efforts to target, detect, and dismantle terrorist fund-raising and money laundering at home and abroad.  In addition, the Act provides $139 million for the Federal Law Enforcement Training Center to train Federal, State, and local law enforcement personnel.

I am pleased that the bill continues current law provisions that prohibit the use of Federal funds to pay for abortions in the Federal Employees Health Benefits Program, except in cases where the life of the mother is endangered, or the pregnancy is the result of an act of rape or incest.

Unfortunately, the Act does not include my proposal to consolidate the eighteen separate appropriations into a single appropriation for the Executive Office of the President.  The Congress' continued insistence on specifying in extraordinary detail the specific operations of the Executive Office of the President unnecessarily infringes on my ability to freely manage my own office to meet the Nation's needs.

My Administration appreciates that the Congress has worked expeditiously during this difficult and trying time in our Nation's history to consider the FY 2002 appropriations bills.  Now, through a renewed sense of bipartisanship, the Congress and the Administration must work together to ensure the timely enactment of the remaining bills.

GEORGE W. BUSH
THE WHITE HOUSE,
November 12, 2001.

►[This signing statement is also found at:]
[link to document at www.whitehouse.gov]
[plain text at GPO]
[no PDF file available from GPO]

For Immediate Release
Office of the Press Secretary
November 13, 2001

President Signs Energy and Water Appropriations Bill
Statement by the President
[2001-13] --  37 WCPD 1650 (November 19, 2001)

I have signed into law H.R. 2311, the "Energy and Water Development Appropriations Act, 2002."

I appreciate the bipartisan effort that has gone into producing this Act.  The bill abides by the agreed upon aggregate funding level for Fiscal Year 2002 of $686 billion.  It provides funding for several important programs with significant national benefits including:

$    key research projects designed to develop new energy technologies and improve the efficiency of existing energy technologies, such as for solar and renewable energy production, as called for in the National Energy Policy report;

$    nonproliferation programs that seek to prevent nuclear materials and other weapons of mass destruction from falling into the hands of terrorists and rogue states;

$    stockpile stewardship, which is critical to maintaining the safety, reliability, and performance of our nuclear weapons stockpile; and

$    water resources development and management projects, and programs for commercial navigation, flood damage reduction, and environmental restoration and enhancement.

Section 303 of the bill purports to require congressional approval before executive branch execution of aspects of the bill.  I will interpret such provisions to require notification only, since any other interpretation would contradict the Supreme Court ruling in INS v. Chadha. Provisions of H.R. 2311 that purport to remove my authority to oversee the activities of the Army Corps of Engineers will be construed consistent with my constitutional authority to supervise the unitary executive branch.

My Administration appreciates that the Congress has worked expeditiously during this difficult and trying time in our Nation's history to consider the FY 2002 appropriations bills.  Now, through a renewed sense of bipartisanship, the Congress and the Administration must work together to ensure the timely enactment of the remaining bills.

GEORGE W. BUSH
THE WHITE HOUSE,
November 12, 2001.

►[This signing statement is also found at:]
[link to document at www.whitehouse.gov]
[plain text at GPO]
[no PDF file available from GPO]

For Immediate Release
Office of the Press Secretary
November 13, 2001

President Signs Legislative Branch Appropriations Bill
Statement by the President
[2001-14] --  37 WCPD 1651 (November 19, 2001)

I have signed into law H.R. 2647, the "Legislative Branch Appropriations Act, 2002."

The Act provides Fiscal Year 2002 appropriations for the Congress, the Congressional Budget Office, the Architect of the Capitol, the General Accounting Office, the Government Printing Office, and the Library of Congress.

My Administration appreciates that the Congress has worked expeditiously during this difficult and trying time in our Nation's history to consider the Fiscal Year 2002 appro-priations bills.  Now, through a renewed sense of bipartisanship, the Congress and the Administration must work together to ensure the timely enactment of the remaining bills.

GEORGE W. BUSH
THE WHITE HOUSE,
November 12, 2001.

►[This signing statement is also found at:]
[link to document at www.whitehouse.gov]
[plain text at GPO]
[no PDF file available from GPO]

For Immediate Release
Office of the Press Secretary
November 26, 2001

President's Statement on H.R. 2620, the "Departments of Veterans Affairs and HUD, and Independent Agencies Appropriations Act, 2002"
[2001-15] --  37 WCPD 1714 (December 3, 2001)

Today I have signed into law H.R. 2620, the "Departments of Veterans Affairs and Housing and Urban Development, and Independent Agencies Appropriations Act, 2002."

I appreciate the bipartisan effort that has gone into producing this Act. The Act abides by the agreed upon aggregate funding level for Fiscal Year 2002 of $686 billion and supports several of my Administration's key initiatives with:

• $955 million for the Veterans Affairs Duty to Assist initiative to improve performance in claims processing and assist veterans with their claims;
• $160 million for the National Science Foundation Math and Science Partnerships initiative, which provides funds for States to join with institutions of higher education in strengthening math and science education in grades K-12; and
• $50 million for the Housing and Urban Development Down Payment Assistance initiative that assists low-income families with the down payment on their first home.

Several additional initiatives I have proposed were worthy of funding but are not part of this bill:- the Community Technology Centers and Improving Access programs in HUD, the Silver Scholarships and Veterans Mission for Youth programs under the Corporation for National and Community Service, and the VA/DOD Medical Care Choice initiative.

The Silver Scholarship Program would have provided Silver Scholarships to 10,000 older Americans who volunteer 500 hours of service tutoring and mentoring students in after-school programs. Each $1,000 scholarship could be deposited in an education savings account for use by seniors' children, grandchildren, or another child. The Veterans Mission for Youth program would have provided matching grants to community organizations that connect veterans and retired military personnel with America's youth through mentoring, tutoring, after-school, and other programs.

The VA/DoD Medical Care Choice initiative would ensure that all military retirees annually choose either the Department of Defense or the Department of Veterans Affairs as their health care provider. This would enhance quality and continuity of care and prevent duplication of services and costs.

Several provisions in the Act purport to require congressional approval before executive branch execution of aspects of the bill. My Administration will interpret such provisions to require notification only, since any other interpretation would contradict the Supreme Court ruling in INS v. Chadha.

GEORGE W. BUSH
THE WHITE HOUSE,
November 26, 2001.

►[This signing statement is also found at:]
[link to document at www.whitehouse.gov]
[plain text at GPO]
[no PDF file available from GPO]
 

For Immediate Release
Office of the Press Secretary
November 28, 2001

President Signs Statutory Reporting Requirement Bill
Statement by the President
[2001-16] --  37 WCPD 1722 (December 3, 2001)

Today I have signed into law H.R. 1042, an Act to prevent the scheduled elimination of certain legislatively mandated executive branch reports.  This legislation restores 29 statutory reporting requirements that expired last year, pursuant to the Federal Reports Elimination and Sunset Act of 1995.  I sign this legislation in deference to the Congress determination that the reports are necessary to fulfilling its oversight responsibili-ties.  But I remain concerned that many of the existing statutory reporting requirements impose an excessive burden on executive branch agencies.  In particular, I am concerned that some of the reports reinstated by H.R. 1042 are either obsolete or duplicative of other reporting requirements.  My Administration will continue to work with the Congress to reduce the burden created by unnecessary statutory reporting requirements through the elimination of these unnecessary requirements, while respecting the oversight responsibilites of the Congress.

GEORGE W. BUSH
THE WHITE HOUSE,
November 28, 2001.

►[This signing statement is also found at:]
[link to document at www.whitehouse.gov]
[plain text at GPO]
[no PDF file available from GPO]

For Immediate Release
Office of the Press Secretary
November 28, 2001

President Signs Agriculture Appropriations Bill
Statement by the President
[2001-17] --  37 WCPD 1723 (Dec. 3, 2001)

Today I have signed into law H.R. 2330, the "Agriculture, Rural Development, Food and Drug Administration and Related Agencies Appropriations Act, 2002."

I appreciate the bipartisan effort that has gone into producing this Act.  The Act abides by the agreed upon aggregate funding level for Fiscal Year 2002 of $686 billion.  It provides for several important programs with significant national benefits by:

• fully funding the current participation rate for the key nutrition program for women, infants, and children;
   
• supporting Department of Agriculture (USDA) food safety activities, including providing 7,600 meat and poultry inspectors; and
   
• redirecting USDA research to provide new emphasis in key areas such as biotechnology, the development of new agricultural products, and improved protection against emerging exotic plant and animal diseases, as well as crop and animal pests.

A number of provisions contained in the bill purport to restrict executive branch execution of programs that are funded in the bill.  Where such provisions contradict the Supreme Court ruling in INS v. Chadha, their intent will be interpreted as advisory only.

I appreciate that the Congress has worked expeditiously during this difficult and trying time in our Nation's history to consider the FY 2002 appropriations bills.  Through a renewed sense of bipartisanship, the Congress and my Administration must work together to ensure the timely enactment of the remaining bills.

GEORGE W. BUSH
THE WHITE HOUSE,
November 28, 2001.
 

►[This signing statement is also found at:]
[link to document at www.whitehouse.gov]
[plain text at GPO]
[PDF from GPO]

For Immediate Release
Office of the Press Secretary
November 28, 2001

President Signs Internet Access Taxation Moratorium
Statement by the President on H.R. 1552
[2001-18] --  37 WCPD 1722 (December 3, 2001)

*NOTE: THE FIRST PARAGRAPH OF THIS RELEASE REVISES THE FIRST PARAGRAPH OF A RELEASE ISSUED EARLIER TODAY ON H.R. 1552

Today I am pleased to sign into law H.R. 1552, which will ensure that the growth of the Internet is not slowed by additional taxation.

The Internet is an innovative force that enables such applications as distance learning and precision farming.  Government must do its part to make access to these services affordable.  It should not raise costs through additional taxation.

Extending the moratorium is particularly important during this crucial holiday shopping season.  Online spending is estimated to account for over 15 percent of total holiday purchases this year.  H.R. 1552 will keep access to e-commerce services affordable.  This law will be a big help to those Americans who shop from home because they are unable to travel to stores and malls.

GEORGE W. BUSH
THE WHITE HOUSE,
November 28, 2001.

►[This signing statement is also found at:]
[link to document at www.whitehouse.gov]
[link to document at GPO]
[PDF from GPO]
 

For Immediate Release
Office of the Press Secretary
November 28, 2001

President Signs Commerce Appropriations Bill
Statement by the President on H.R. 2500
[2001-19] --  37 WCPD 1723 (December 3, 2001)

*NOTE: THE 11TH PARAGRAPH OF THIS RELEASE REVISES THE ELEVENTH PARAGRAPH OF A RELEASE ISSUED EARLIER ON H.R. 2500

Today I have signed into law H.R. 2500, the "Department of Commerce, Justice, State, the Judiciary, and Related Agencies Appropriations Act, 2002."

I appreciate the bipartisan effort that has gone into producing this Act.  The bill abides by the agreed upon aggregate funding level for Fiscal Year 2002 of $686 billion and supports several of my Administration's key initiatives including:

--   $100 million to support a backlog elimination initiative to achieve a universal six-month processing standard for all immigration applications;

--   570 additional Immigration and Naturalization Service agents to protect our Northern and Southern borders;

--   $50 million grant program in the Office of Justice Programs to aid counties along the Southwestern border with their costs of detaining and prosecuting drug cases referred to them by Federal law enforcement agents;

--   $50 million for drug courts, which provide a supervised treatment alternative to prison sentences for non-violent drug possession offenders, to enable Federal assistance to over 120 new or existing drug court programs.  To date, over 57,000 offenders have completed drug court programs, and their recidivism rate is much lower than that of comparable offenders;

--   $15 million for grants to create community-based task forces for reducing youth violence and to assist State and local prosecution of firearms offenses, and $9 million for the U.S. Attorneys to hire dedicated prosecutors who will appropriately prosecute juvenile gun offenders and those who supply them with guns;

--   $20 million to assist State and local law enforcement agencies with the costs associated with methamphetamine laboratory clean-up; and,

--   $5 million for a faith-based prison pre-release pilot project to reduce the rate at which ex-offenders are returned to prison through intensive counseling and family and community transition instruction.

In addition, at this critical time, when we are mounting a world-wide effort to defeat terrorism, I appreciate that this bill provides significant new funding for our Federal law enforcement  agencies in the Department of Justice, our diplomatic operations overseas, and for enhanced embassy security.

I note that Section 612 of the bill sets forth certain requirements regarding the organization of the Department of Justice's efforts to combat terrorism.  This provision raises separation of powers concerns by improperly and unnecessarily impinging upon my authority as President to direct the actions of the Executive Branch and its employees.  I therefore will construe the provision to avoid constitutional difficulties and preserve the separation of powers required by the Constitution.

Section 626 would require the President to submit a legislative proposal to establish a program for the compensation of victims of international terrorism.  I will apply this provision consistent with my constitutional responsibilities.  In addition, subsection (c) of that section purports to remove Iran's immunity from suit in a case brought by the 1979 Tehran hostages in the District Court for the District of Columbia. To the maximum extent permitted by applicable law, the Executive Branch will act, and encourage the courts to act, with regard to Subsection 626(c) of the bill in a manner consistent with the obligations of the United States under the Algiers Accords that achieved the release of U.S.  hostages in 1981.

Section 630 prohibits the use of appropriated funds for cooperation with, or assistance or other support to, the International Criminal Court (ICC) or its Preparatory Commission.  While Section 630 clearly reflects that Congress agrees with my Administration that it is not in the interests of the United States to become a party to the ICC treaty, I must note that this provision must be applied consistent with my constitutional authority in the area of foreign affairs, which, among other things, will enable me to take actions to protect U.S. nationals from the purported jurisdiction of the treaty.

In addition, several other provisions of the bill unconstitutionally constrain my authority regarding the conduct of diplomacy and my authority as Commander-in-Chief.  I will apply these provisions consistent with my constitutional responsibilities.

GEORGE W. BUSH
THE WHITE HOUSE,
November 28, 2001.
 

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[PDF from GPO]
 

For Immediate Release
Office of the Press Secretary
December 18, 2001

President Signs Transportation Appropriations Act
Statement by the President
[2001-20] --  37 WCPD 1802 (December 24, 2001)

Today I have signed into law H.R. 2299, the "Department of Transportation and Related Agencies Appropriations Act, 2002."

I appreciate the bipartisan effort that has gone into producing this Act. The bill abides by the agreed upon aggregate funding level for Fiscal Year 2002 of $686 billion and supports several of my Administration's key initiatives with:

• $140 million for border safety to ensure an open border for trade between the United States and Mexico through the establishment of an inspection and certification system that will ensure a high level of motor carrier safety;
   
• $5 billion for Coast Guard operations and capital expenses, including $243 million to support expanded drug interdiction efforts as authorized in the Western Hemisphere Drug Elimination Act;
   
• $1.2 billion for the newly created Transportation Security Administration to enhance airport and aircraft security;
   
• $32.8 billion for key highway infrastructure and safety initiatives in compliance with authorized levels;
   
• $10.2 billion for aviation operations and airport improvement grants to expand safety, security, and capacity; and
   
• $6.7 billion for mass transit grants and capital programs.

Several provisions in the bill purport to require congressional approval before executive branch execution of aspects of the bill. I will interpret such provisions to require notification only, since any other interpretation would contradict the Supreme Court ruling in INS v. Chadha.

GEORGE W. BUSH
THE WHITE HOUSE,
December 18, 2001.
 

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For Immediate Release
Office of the Press Secretary
December 21, 2001

First-Ever International Wildlife Refuge Established
Statement by the President
[2001-21] --  37 WCPD 1819 (December 24, 2001)

Today I am very pleased to sign into law H.R. 1230, which will establish the Detroit River International Wildlife Refuge, the first-ever international wildlife refuge.

The Detroit River on the Michigan-Canada border has lost over 95 percent of its coastal wetland habitat and has been designated a Waterfowl Habitat Area of Concern by the Canadian and American governments. Establishing this International Wildlife Refuge will do a lot to provide this special place with the protection that it needs.

This area is a prime waterfowl migration corridor and is considered a special place for sportsmen, birders, and boaters. An estimated 300,000 diving ducks stop in the River to rest and feed during their fall migration from Canada. At least 65 species of fish live in the Detroit River, including millions of walleye.

This innovative legislation enhances public-private partnerships for conservation and habitat restoration. I want to thank the many area businesses and groups that developed the conservation vision for the refuge.

George W. Bush
THE WHITE HOUSE,
December 21, 2001.
 

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For Immediate Release
Office of the Press Secretary
December 21, 2001

President Signs Zimbabwe Democracy and Economic Recovery Act
Statement by the President
[2001-22] --  37 WCPD 1820 (December 24, 2001)

Today I have signed into law S. 494, the "Zimbabwe Democracy and Economic Recovery Act of 2001." This Act symbolizes the clear bipartisan resolve in the United States to promoting human rights, good governance, and economic development in Africa. My Administration shares fully the Congress' deep concerns about the political and economic hardships visited upon Zimbabwe by that country's leadership. I hope the provisions of this important legislation will support the people of Zimbabwe in their struggle to effect peaceful democratic change, achieve economic growth, and restore the rule of law.

Section 4(c) of the Act purports to direct the executive branch to oppose and vote against the extension of loans or the cancellation of debt in international financial institutions unless and until I make a certification or national interest determination. I am concerned that this provision burdens my constitutional authority in the area of foreign affairs to conduct negotiations and cast votes in international organizations. I will construe the provision as being subject to my exclusive authority to negotiate or vote in international financial institutions.

GEORGE W. BUSH
THE WHITE HOUSE,
December 21, 2001.

►[This signing statement is also found at:]
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For Immediate Release
Office of the Press Secretary
December 28, 2001

President Signs Defense Authorization Act
Statement by the President
[2001-23] --  37 WCPD 1834 (December 31, 2001)
 

I have today signed into law S. 1438, the "National Defense Authorization Act for Fiscal Year 2002." The Act authorizes the funding necessary to defend the United States and its interests around the globe. In particular, it provides the resources needed to continue the war against global terrorism, accelerate programs for defense against biological or chemical attacks, pursue an effective missile defense, properly support members of the Armed Forces and their families, and begin to transform our Armed Forces to meet the military requirements of the 21st century.

The Act provides important improvements in the quality of life for the members of our Armed Forces, who have dedicated their lives to the defense of their fellow citizens. It provides for a substantial and well-deserved increase in basic pay, improved educational opportunities as an incentive to reenlist, and more resources to improve military housing. The legislation also addresses important needs of military families, such as improved job training and education opportunities for military spouses and access for home-schooled children of military families to facilities and programs of Department of Defense dependent schools.

The Act will assist greatly in the rebuilding and reshaping of the Armed Forces to meet future challenges. In particular, it provides procurement authority for programs crucial to the projection of American military power in support of U.S. interests abroad, such as carrier-based strike aircraft, air superiority fighter aircraft, large-capacity cargo aircraft, and a fast attack submarine. The Act also authorizes funds to move forward with our program for an effective defense against ballistic missiles.

The legislation reflects my Administration's important initiative to establish a process for realignment and closure of unneeded military facilities. Such realignments and closures will allow the Government to use more effectively the taxpayer sources devoted to the national defense. As the Act requires, military value will be the primary consideration in recommending realignments and closures. Regrettably, the Act defers the start of the base closure and realignment process for several years, rather than providing for its immediate commencement to permit efficient restructuring promptly.

Section 1116 of the Act authorizes Federal agency employees to retain and make personal use of promotional items such as frequent flyer miles, upgrades, or access to carrier clubs or facilities received as a result of certain official travel. Agency regulations will ensure that, in connection with imple-mentation of section 1116, employees fully observe applicable principles of ethics in Government and regulations that prevent unneeded or inefficient official travel.

The Act contains several provisions intended to improve the ability of members of the Armed Forces to exercise one of the most important rights that any citizen has -- the right to vote. Section 1605 of the Act requires State Governors, in certain circumstances, to provide reports to the Secretary of Defense concerning the Secretary's recommendations on State voting laws, including what recommendations the Governor has made or will make to the State legislature on the Secretary's recommendations. Section 1605 shall be implemented in a manner consistent with proper regard for the role of the States, and their legislatures and Governors, in our Federal system.

Several provisions of the Act, including sections 525(c), 546, 705, and 3152 call for executive branch officials to submit to the Congress proposals for legislation. These provisions shall be implemented in a manner consistent with the President's constitutional authority to supervise the unitary executive branch and to recommend to the Congress such measures as the President judges necessary and expedient.

Section 1404 vests in the Secretary of Defense authority to appoint a chief operating officer for the Armed Forces Retirement Home, but purports to limit the qualifications of the pool of persons from whom the Secretary 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 Secretary shall implement section 1404 in a manner consistent with the Appointments Clause of the Constitution.

Under section 1002 of the Act, the Congress has stated that it incorporates a classified annex into the statute. That annex contains authorizations of appropriations for specified classified programs. My Administration discourages enactment of secret law as part of annual defense authorization acts and instead encourages appropriate use of classified annexes to committee reports and the joint statement of managers that accompanies the final legislation.

GEORGE W. BUSH
THE WHITE HOUSE,
December 28, 2001.
 

►[This signing statement is also found at:]
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[no PDF file available from GPO]

For Immediate Release
Office of the Press Secretary
December 28, 2001

President Signs Intelligence Authorization Act
Statement by the President
[2001-24] --  37 WCPD 1834 (Dec. 31, 2001)
 

Today, I have signed into law H.R. 2883, the "Intelligence Authorization Act for Fiscal Year 2002." The Act authorizes appropriations to fund United States intelligence activities, including activities essential to success in the war against global terrorism. Regrettably, one provision of the Act falls short of the standards of comity and flexibility that should govern the relationship between the executive and legislative branches on sensitive intelligence matters and, in some circumstances, would fall short of constitutional standards.

Section 305 of the Act amends section 502 of the National Security Act of 1947, which relates to executive branch reports to the Congress under the intelligence oversight provisions of the National Security Act. Section 305 purports to require that reports submitted to the congressional intelligence committees by the executive branch on significant anticipated intelligence activities or significant intelligence failures always be in written form, with a concise statement of facts pertinent to the report and an explanation of the significance of the activity or failure.

Section 502 of the National Security Act as amended by section 305 of the Act shall be construed for all purposes, specifically including for the purpose of the establishment of standards and procedures under section 502(c) of the National Security Act by the Director of Central Intelligence, 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. Section 502 shall also be construed in a manner consistent with the statutory responsibility of the Director of Central Intelligence to protect intelligence sources and methods and other exceptionally sensitive matters.

GEORGE W. BUSH
THE WHITE HOUSE,
December 28, 2001.

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[plain text at GPO]
[no PDF file available from GPO]

For Immediate Release
Office of the Press Secretary
January 10, 2002

Defense Bill Signing Statement
Statement by the President
[2002-01] --  38 WCPD 46 (January 14, 2002)
 

Today I have signed into law H.R. 3338, the "Department of Defense and Emergency Supplemental Appropriations for Recovery from and Response to Terrorist Attacks on the United States Act, 2002," which provides $317.2 billion for national security programs administered by the Department of Defense.

It also provides $20 billion in emergency supplemental funding for the consequences of the September 11th attacks, including $3.5 billion for the Department of Defense that is urgently needed to prosecute the war on terrorism.

The Act provides appropriations for the Nation's defense and supplemental appropriations for many agencies for recovery from and response to terrorist attacks on the United States.

In particular, the Act provides the resources needed to continue the war against global terrorism, pursue an effective missile defense, properly support members of the Armed Forces and their families, and begin to transform our Armed Forces to meet the military requirements of the 21st century.

I appreciate the bipartisan effort that has gone into producing this Act. It abides by the agreed-upon aggregate funding level for Fiscal Year 2002 of $686 billion and the agreed-upon level enacted in Public Law 107-38, the "2001 Emergency Supplemental Appropriations Act for Recovery from and Response to the Terrorists Attacks on the United States" that occurred on September 11, 2001.

Public Law 107-38 -- legislation crafted and enacted with strong bipartisan cooperation -- provided a total of $40 billion in emergency funding to the Emergency Response Fund.

The $40 billion in emergency expenses was provided to assist victims of the attacks and to deal with other consequences of the attacks, including the costs of: (1) providing Federal, State, and local preparedness for mitigating and responding to the attacks; (2) providing support to counter, investigate, or prosecute domestic or international terrorism; (3) providing increased transportation security; (4) repairing public facilities and transportation systems damaged by the attacks; and (5) supporting national security. As required by Public Law 107-38, I designated the entire $40 billion as an emergency funding requirement. To date, my Administration has transferred $19.7 billion of the first $20 billion, which was made available to agencies, without requiring any further congressional action, to address the immediate needs and consequences of the attacks.

The second $20 billion provided in this Act will continue those efforts. The funds in this Act include: $3.5 billion for Department of Defense operations; $8.2 billion for New York, Virginia, Maryland, the District of Columbia, and Pennsylvania, to help those areas recover from the terrorist attacks; and $8.4 billion for homeland security activities.

I am proud that we worked together with such bipartisan spirit in the weeks following the despicable attacks on our Nation. My Administration will work together with the Congress to address additional needs as they become known during the second session of the 107th Congress.

The Act funds the vast majority of my request for critical pay raises and other quality of life programs. It supports my commitment to improving the quality of life of our military personnel and their families by including pay raises of 5 to 15 percent.

The Act also funds many of my modernization priorities, including conversion of Trident submarines to sub-marines that can carry cruise missiles.

However, because it provides approximately $2 billion less than requested, the Act does not adequately fund all my critical priorities, specifically the readiness of our forces. The $2 billion reduction is largely achieved by cuts to operation and maintenance programs.

While a small portion of that reduction is offset in dollar terms by congressional increases, those increases are for programs of a much lower priority. As a result, these cuts will place our military forces in the all too familiar predicament of having to choose either to sacrifice near-term readiness or to forego critical repair of family housing, defer important depot maintenance of our weapon systems, and reduce base operations.

Section 8007 of the Act prohibits use of funds to initiate a special access program until 30 calendar days of congressional session have elapsed after the executive branch has notified the congressional defense committees of initiation of the program.

The U.S. Supreme Court has stated that the President's authority to classify and control access to information bearing on national security flows from the Constitution and does not depend upon a legislative grant of authority.

Although 30-day advance notice can be provided in most situations as a matter of comity, situations may arise, especially in wartime, in which the President must promptly establish special access controls on classified national security information under his constitutional grants of the executive power and authority as Commander in Chief of the Armed Forces.

The executive branch shall construe section 8007 in a manner consistent with the constitutional authority of the President.

Section 8072 of the Act provides that, notwithstanding any other provision of law, no funds available to the Department of Defense for fiscal year 2002 may be used to transfer defense articles or services, other than intelligence services, to another nation or international organization for international peacekeeping, peace-enforcement, or humanitarian assistance operations, until 15 days after the executive branch notifies six committees of Congress of the planned transfer.

The provision does not affect transfers using funds available to the Department of Defense if the recipient is other than a nation or an international organization or if the transfer is of intelligence services, such as provision of or accommodation procurements for imagery intelligence, geospatial information, or cryptological support.

The provision also does not affect transfers of defense articles or services using funds contained in the Act that are available to the Central Intelligence Agency rather than the Department of Defense.

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 8072 sooner than 15 days after notification, section 8072 shall be construed in a manner consistent with my constitutional duty as Commander in Chief of the Armed Forces.

Provisos in section 8098 of the Act purport to limit during fiscal year 2002 the number of Department of Defense military and civilian personnel assigned to legislative affairs or legislative liaison functions and to mandate the percentage distribution of such personnel among various offices of the Department. In particular, section 8098 cannot constitutionally restrict the authority of the President to control the activities of members of the armed forces, including whether and how many members of the Armed Forces assigned to the office of the Chairman of the Joint Chiefs of Staff, the combatant commands, or any other element of the Department of Defense shall perform legislative affairs or legislative liaison functions.

Section 8173 prohibits the use of appropriated funds for assistance or other support to the International Criminal Court (ICC). While section 8173 clearly reflects that the Congress agrees with my Administration that it is not in the interests of the United States to become a party to the ICC treaty, I must note that this provision must be applied consistent with my constitutional authority in the area of foreign affairs, which, among other things, will enable me to take actions to protect U.S. nationals from the purported jurisdiction of the treaty.

Sections 911 and 912 in Division B of the Act provide for assistance by executive departments and agencies, including the Armed Forces, to the U.S. Capitol Police in the performance of its duties.

Safeguarding the Congress and its ability to carry out its constitutional role is vital to the continuity of our constitutional Government, and the executive branch will assist as needed and appropriate. In carrying out these sections, it is important to ensure proper respect for the separate constitutional roles and authorities of the executive and legislative branches.

With the aim of ensuring that respect within the executive branch, the Attorney General shall serve as the single point of contact within the executive branch for requests from the legislative branch, including the U.S. Capitol Police, for assistance under sections 911 and 912, and the District of Columbia National Guard and Federal law enforcement authorities shall enter into an agreement under section 912 only with the prior approval of the Attorney General.

Section 208 of Division B makes a technical correction to subsection 626(c) of Public Law 107-77 (the FY 2002 Commerce, Justice, State, the Judiciary and Related Agencies Appropriations Act), but does nothing to alter the effect of that provision or any other provision of law.

Since the enactment of sub-section 626(c) and consistent with it, the executive branch has encouraged the courts to act, and will continue to encourage the courts to act, in a manner consistent with the obligations of the United States under the Algiers Accords that achieved the release of U.S. hostages in 1981.

GEORGE W. BUSH
THE WHITE HOUSE,
January 10, 2002.

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For Immediate Release
Office of the Press Secretary
January 10, 2002

President Signs Foreign Operations Appropriations Act
Statement by the President
[2002-02] --  38 WCPD 49 (Jan. 14, 2002)
 

Today I have signed into law H.R. 2506, the "Foreign Operations, Export Financing, and Related Programs Appropriations Act, 2002." The Act provides the funds needed to support U.S. foreign policy objectives abroad and reflects the restraint on spending that has been a key goal of my Administration.

I appreciate the bipartisan effort that has gone into producing this Act. It abides by the agreed upon aggregate funding level for Fiscal Year 2002 of $686 billion. The Act will provide $15.4 billion, largely along the lines of my request, and includes essential funding to support America's war on terrorism. The Act supports such key Administration initiatives as the campaign against HIV/AIDS, with up to $100 million available for the global fund to fight HIV/AIDS, malaria, and tuberculosis and an additional $100 million is also provided by the Departments of Labor, Health and Human Services, and Education, and Related Agencies Appropriations Act.

I also welcome the additional flexibility that the Act provides through the reduction in earmarks and added waiver authorities, including the changes to the annual counternarcotics certification process and the waiver provision allowing me the flexibility to provide additional assistance to Azerbaijan. This flexibility will allow my Administration to meet the diplomatic requirements stemming from the September 11th attacks, as well as to continue to address the ever-changing foreign policy challenges we face.

The Act does not interfere with our policies regarding bilateral international family planning assistance, and ensures that U.S. funds are not made available to organizations supporting or participating in the management of a program of coercive abortion or involuntary sterilization. The Act provides additional discretion to determine the appropriate level of funding for the United Nations Population Fund.

Several provisions of the Act purport to direct or burden the conduct of negotiations by the executive branch with foreign governments, international organizations, or other entities abroad, or otherwise interfere with the President's constitutional authority to conduct the Nation's foreign affairs. These include sections 514, 560, and 581(a), and the appropriations heading related to the International Development Association, which purport to direct the Secretary of the Treasury to require the U.S. representatives to take particular positions for the United States in international organizations or require the Secretary to accord priority to a particular objective in negotiations with such an organization. Another such provision is section 567(b), which purports to direct the Secretary of State to consult certain international organizations in determining the state of events abroad. These provisions shall be construed consistent with my constitutional authorities to conduct foreign affairs, participate in international negotiations, and supervise the executive branch.

Section 573 of the Act calls for the Department of State to provide regular and detailed briefings to congressional committees on any discussions between the executive branch and a particular government abroad on any potential purchase of defense articles or defense services by that government. This provision shall be construed as advisory only, given the constitutional powers of the President to supervise the executive branch and to conduct the Nation's foreign affairs, which includes the authority to determine what information about international negotiations may, in the public interest, be made available to the Congress and when such disclosure should occur. The Secretary of State will, however, as a matter of comity between the executive and legislative branches, keep the Congress appropriately informed of the matters addressed by section 573.

Finally, section 577 requires that the President direct executive agencies possessing information relevant to specified deaths abroad to declassify and release that information. I will direct the Attorney General to coordinate the implementation of this section within the executive branch, so as to produce the requested information in a manner consistent with my constitutional and statutory responsibilities to protect various kinds of sensitive information.

Many provisions of the Act make funds available for particular purposes subject to, in accordance with, or under "the regular notification procedures of the Committee on Appropriations." The executive branch shall construe the reference to the "regular notification procedures" to be a reference to the procedures in section 515 of the Act.

GEORGE W. BUSH
THE WHITE HOUSE,
January 10, 2002.


►[This signing statement is also found at:]
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For Immediate Release
Office of the Press Secretary
January 10, 2002

President Signs Labor, Health & Human Services, Education Appropriations
Statement by the President
[2002-03] --  38 WCPD 50 (Jan. 14, 2002)
 

Today I have signed into law H.R. 3061, the "Departments of Labor, Health and Human Services, Education, and Related Agencies Appropriations Act, 2002." The legislation provides funding for key domestic programs, including the important education initiatives that have been a top priority of my Administration.

I appreciate the bipartisan effort that has gone into producing this Act. The bill abides by the agreed-upon aggregate funding level for Fiscal Year 2002 of $686 billion and supports several of my Administration's key initiatives with:

• $10.4 billion for title I grants to close the achievement gap
   
• between rich and poor students;
   
• $1 billion for Reading First and Early Reading First to help schools meet the goal of ensuring that all students can read fluently by third grade;
   
• $2.9 billion for State grants for improving teacher quality;
   
• $7.5 billion for State Grants for Special Education, an increase of $1.2 billion over FY 2001;
   
• $23.2 billion for the National Institutes of Health to support biomedical research to help prevent, detect, diagnose, and treat disease and disability;
   
• full funding for the Consolidated Health Centers to provide quality health care to millions of uninsured and underserved Americans;
   
• additional resources for Drug Abuse Treatment services to help narrow the treatment gap between those in need of treatment and those with access to it; and
   
• full funding for Global HIV/AIDS activities to reduce the impact of HIV/AIDS in developing countries, including a further U.S. contribution to the global trust fund to combat HIV/AIDS, malaria, and tuberculosis.

While I am supportive of the overall bill, I have strong concerns that this bill creates a serious fiscal problem for 2002 by underfunding the Pell Grant program, which provides critical financial assistance to low-income students seeking higher education. The bill mandates a Pell Grant maximum award of $4,000, but provides only enough funding to pay for a maximum award of $3,600, creating a shortfall of nearly $1.3 billion. The Congress disregarded my requests to provide resources for the Pell Grant program commensurate with the maximum award. My Administration will ask the Congress to correct this shortfall in the FY 2003 Budget. I am committed to maintaining a strong Pell Grant program that ensures qualified students have access to college, and budgeting responsibly for its full costs.

I am pleased that the final version of the bill retains the prohibition against research in which human embryos are destroyed, and reinforces my determination on August 9, 2001, to support federally funded stem cell research in an ethical manner.

I am also pleased that the final version of the bill retains current law regarding funding for needle exchange programs.

The first proviso of section 207 of the Act purports to make certain transfers between appropriations for the Department of Health and Human Services subject to approval by the congressional appropriations committees. Under the principles enunciated by the U.S. Supreme Court in INS v. Chadha, the Congress cannot by law make transfers of appropriations subject to the approval of committees of the Congress. At the same time, the intention of the Congress that the executive branch have flexibility to transfer funds among appropriations for the Department of Health and Human Services is plain from the language of the Act. Accordingly, the executive branch shall treat the portion of the proviso of section 207 that purports to provide for congressional committee approval of transfers as having no force and severable from the remainder of the proviso of section 207 and the Act.

Also, section 217, addressing the Acting Director of NIH, and section 622, amending the Multifamily Assisted Housing Reform and Affordability Act of 1997, shall be implemented in a manner consistent with the Appointments Clause of the Constitution.

Several provisions of the Act purport to make funding available for particular projects "in the amounts specified in the statement of the managers on the conference report accompanying this Act." Although specifications of projects and amounts in a statement of managers cannot satisfy the constitutional requirements of bicameral approval and presentment to the President needed to give them the force of law, my Administration will treat these specifications in a manner reflecting the comity between the executive and legislative branches on such matters.

GEORGE W. BUSH
THE WHITE HOUSE,
January 10, 2002.

►[This signing statement is also found at:]
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For Immediate Release
Office of the Press Secretary
January 16, 2002

President Signs Investor & Capital Markets Fee Relief Act
Statement by the President
[2002-04] --  38 WCPD 77 (Jan. 21, 2002)

"Today I Signed Into Law H.R. 1088, the Investor and Capital Markets Fee Relief Act. This legislation will provide fee relief to the growing number of Americans who have invested in stocks and bonds to save for their retirements, their children's education, and other needs.  

This legislation will relieve the fifty percent of American households that now own stock, either directly or in pension or mutual funds, from the burden of these fees, while ensuring that the SEC has sufficient funding to continue to carry out its important mission of protecting investors through vigorous enforcement of securities laws.

I applaud the Congress for acting in an overwhelming bipartisan manner in sending this legislation to my desk."

►[This signing statement is also found at:]
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For Immediate Release
Office of the Press Secretary
March 27, 2002

President Signs Campaign Finance Reform Act
Statement by the President
[2002-05] --  38 WCPD 517 (April 1, 2002)
 

Today I have signed into law H.R. 2356, the "Bipartisan Campaign Reform Act of 2002." I believe that this legislation, although far from perfect, will improve the current financing system for Federal campaigns.

The bill reforms our system of financing campaigns in several important ways. First, it will prevent unions and corporations from making unregulated, "soft" money contri-butions -- a legislative step for which I repeatedly have called.

Often, these groups take political action without the consent of their members or shareholders, so that the influence of these groups on elections does not necessarily comport with the actual views of the individuals who comprise these organizations. This prohibition will help to right that imbalance.

Second, this law will raise the decades-old limits on giving imposed on individuals who wish to support the candidate of their choice, thereby advancing my stated principle that election reform should strengthen the role of individual citizens in the political process.

Third, this legislation creates new disclosure requirements and compels speedier compliance with existing ones, which will promote the free and swift flow of information to the public regarding the activities of groups and individuals in the political process.

I long have believed that complete and immediate disclosure of the source of campaign contributions is the best way to reform campaign finance.

These provisions of the bill will go a long way toward fixing some of the most pressing problems in campaign finance today. They will result in an election finance system that encourages greater individual participation, and provides the public more accurate and timely information, than does the present system. All of the American electorate will benefit from these measures to strengthen our democracy.

However, the bill does have flaws. Certain provisions present serious constitutional concerns. In particular, H.R. 2356 goes farther than I originally proposed by preventing all individuals, not just unions and corporations, from making donations to political parties in connection with Federal elections.

I believe individual freedom to participate in elections should be expanded, not diminished; and when individual freedoms are restricted, questions arise under the First Amendment.

I also have reservations about the constitutionality of the broad ban on issue advertising, which restrains the speech of a wide variety of groups on issues of public import in the months closest to an election. I expect that the courts will resolve these legitimate legal questions as appropriate under the law.

As a policy matter, I would have preferred a bill that included a provision to protect union members and shareholders from involuntary political activities undertaken by their leadership.

Individuals have a right not to have their money spent in support of candidates or causes with which they disagree, and those rights should be better protected by law. I hope that in the future the Congress and I can work together to remedy this defect of the current financing structure.

This legislation is the culmination of more than 6 years of debate among a vast array of legislators, citizens, and groups. Accordingly, it does not represent the full ideals of any one point of view.

But it does represent progress in this often-contentious area of public policy debate. Taken as a whole, this bill improves the current system of financing for Federal campaigns, and therefore I have signed it into law.

GEORGE W. BUSH
THE WHITE HOUSE,
March 27, 2002.

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For Immediate Release
Office of the Press Secretary
May 13, 2002

Statement by the President
[2002-06] --  38 WCPD 810 (May 20, 2002)
 

I am today signing into law H.R. 2646, the "Farm Security and Rural Investment Act of 2002." This Act will provide a safety net for America's farmers, who feed America and much of the world. The Act also will expand nutrition programs and improve the conservation and effective use of our natural resources.

A few provisions of the Act raise constitutional concerns.

The method of appointment of the board of trustees of the fellowship program prescribed in section 4404 of the Act is inconsistent with the requirements of the Appointments Clause of the Constitution. I am prepared to work with the Congress to enact legislation to cure this constitutional defect before the effective date of the program.

Sections 6027 and 6028 of the Act establish and continue multi-member regional authorities to implement development programs. Serious doubts arise concerning the constitutionality of these regional authorities because the members are likely Federal officers for purposes of the Appointments Clause, but many of the members are not appointed in the manner required by that Clause. Again, I am prepared to work with the Congress to enact legislation that will cure this constitutional shortcoming by establishing the role of the members as advisory only, or by providing for appointment of all the members in accordance with the Appointments Clause.

GEORGE W. BUSH
THE WHITE HOUSE,
May 13, 2002.

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For Immediate Release
Office of the Press Secretary
May 15, 2002

Statement by the President
[2002-07] --  38 WCPD 822 (May 20, 2002)
 

I have today signed into law H.R. 3525, the "Enhanced Border Security and Visa Entry Reform Act of 2002." The legislation strengthens the ability of the U.S. Government to control the country's borders, a top priority of my Administration. The Act will improve our ability to screen aliens seeking to enter our country, facilitate the sharing of border-related information among U.S. agencies, and improve efforts to keep track of foreign students and foreign exchange visitors in the United States.

Section 2(4)(G) of the Act defines as a Federal law enforcement agency the "Coastal Security Service." Because no such agency exists, and the principal agency with coastal security functions is the U.S. Coast Guard, the executive branch shall construe this provision as referring to the Coast Guard.

Several sections of the Act raise constitutional concerns.

Sections 2(6), 201(c)(2), and 202(a)(3) purport to require the President to act through a specified assistant to the President or in coordination or consultation with specified officers of the United States, agencies, or congressional committees. 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 requirements to exercise those constitutional authorities through a particular member of the President's staff or in coordination or consultation with specified officers or elements of the Government. Accordingly, the executive branch shall treat the purported requirements as precatory.

Section 203 requires the President, in appointing the nine members of the Commission on Interoperable Data Sharing, to appoint eight of them from a list of nominees provided by the congressional leadership acting jointly. Laws that provide for appointment in the Government of individuals to exercise significant governmental authority must provide for such appointment by one of the means specified in the Appointments Clause of the Constitution, which includes appointment by the President with Senate consent or by the President alone, but does not include appointment by the President from a pool of persons selected by the congressional leadership. Accordingly, to give effect to section 203 insofar as is constitutionally permissible, the executive branch shall construe the Commission's functions as advisory only. Also, the executive branch shall construe the Commission's responsibility to make recommendations to the Congress in a manner consistent with the President's constitutional authority to submit for congres-sional consideration such measures as the President shall judge necessary and expedient.

The executive branch shall construe section 404(a), relating to U.S.-Canadian joint border inspection operations under an international agreement, in a manner consistent with the President's constitutional authority to conduct the foreign affairs of the Nation and to supervise the unitary executive branch.

GEORGE W. BUSH
THE WHITE HOUSE,
May 14, 2002.

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For Immediate Release
Office of the Press Secretary
June 14, 2002

President Signs Export-Import Bank Act
[2002-08] --  38 WCPD 1014 (June 17, 2002)
 

I have today signed into law S. 1372, the Export-Import Bank Reauthorization Act of 2002. This legislation will ensure the continued effective operation of the Export-Import Bank, which helps advance U.S. trade policy, facilitate the sale of U.S. goods and services abroad, and create jobs here at home.

The executive branch shall carry out section 7(b) of the bill, which relates to certain small businesses, in a manner consistent with the requirements of equal protection under the Due Process Clause of the Fifth Amendment to the Constitution.

Subsections 10(a) and 10(b)(2) of the bill purport to require the Secretary of the Treasury to negotiate with foreign countries and international organizations to achieve particular purposes and to require the Secretary to submit a report to congressional committees on the contents of negotiations and certain related executive deliberations. These provisions interfere with the President's constitutional authority to conduct the Nation's foreign affairs, supervise the unitary executive branch, and 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. Accordingly, the executive branch shall construe these provisions as precatory rather than mandatory.

The executive branch shall construe the reference to the "Universal Declaration of Human Rights adopted by the United Nations General Assembly on December 10, 1948," added to section 2(b)(1)(B) of the Export-Import Bank Act by section 15 of the bill, as only providing examples of types of human rights that the President may wish to consider in making a determination under section 2(b)(1)(B) and not as giving the Universal Declaration the force of U.S. law.

GEORGE W. BUSH
THE WHITE HOUSE,
June 14, 2002.

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For Immediate Release
Office of the Press Secretary
June 25, 2002

Statement by the President
Enactment of Implementing Legislation for International Terrorism Conventions
[2002-09] --  38 WCPD 1093 (July 1, 2002)
 

Earlier today I signed into law the implementing legislation for two very important United Nations international conventions against terrorism: the International Convention for the Suppression of Terrorist Bombings and the International Convention for the Suppression of the Financing of Terrorism. I thank the Congress, especially the Judiciary committees, for its hard work in passing this legislation, which will strengthen our campaign against global terrorism. The Senate gave its advice and consent to ratification of these Conventions last December. Now that this legislation has been enacted, the United States will deposit its instruments of ratification at the United Nations and become a party to these two Conventions.

These two Conventions strengthen international efforts to defeat terrorism of global reach. They underscore -- along with ten other international terrorism conventions -- the broad moral consensus that violence against innocent civilians is a criminal act and must be punished. These Conventions also require parties to them to take practical steps to bring terrorists and their supporters to justice. The Terrorist Bombings Convention creates a new and important mechanism for nations to cooperate in investigating and prosecuting terrorist crimes. The International Convention for the Suppression of the Financing of Terrorism strengthens our continuing efforts to cut off the flow of funds to terrorist groups.

In Canada this week, I will be discussing with leaders from other industrialized nations ways we can ensure that all countries take stronger legal measures against terrorism. In particular, I urge all countries to join us in becoming party to these Conventions and fully adhering to U.N. Security Council Resolutions to stop terrorism, particularly U.N. Security Council Resolution 1373, which denies safe haven to terrorists and prohibits terrorist financing, recruitment, and access to weapons and other support. I will continue to work with other leaders around the world to build a consensus that terrorism, whatever the excuse, is unacceptable. Working together, America and the other freedom-loving nations of the world are moving towards a day when our children can live free from the fear of terrorism and free to achieve their dreams.

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For Immediate Release
Office of the Press Secretary
June 28, 2002

Statement by the President
[2002-10] --  38 WCPD 1112 (July 8, 2002)
 

I am pleased to sign into law H.R. 327, the "Small Business Paperwork Relief Act of 2002." This legislation will help achieve an important objective of my Administration to reduce the cost and burden on small businesses of government paperwork and increase the resources available to small businesses to create jobs and economic growth.

Section 3 of the bill creates a new section 3520 in title 44 of the United States Code to create an interagency task force on information collection and dissemination to help the heads of departments and agencies reduce the government burden on small businesses. Section 3520 purports to require task force publication of differences in views among executive officers and transmittal of recommendations to congressional committees. The executive branch shall construe section 3520 in a manner consistent with the President's constitutional authority to supervise the unitary executive branch, to protect the confidentiality of executive deliberations, and to recommend to the consideration of the Congress such measures as he shall judge necessary and expedient.

GEORGE W. BUSH
THE WHITE HOUSE,
June 28, 2002.

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For Immediate Release
Office of the Press Secretary
July 30, 2002

Statement by the President
[2002-11] --  38 WCPD 1286 (August 5, 2002)
 

Today I have signed into law H.R. 3763, "An Act to protect investors by improving the accuracy and reliability of corporate disclosures made pursuant to the securities laws, and for other purposes." The Act adopts tough new provisions to deter and punish corporate and accounting fraud and corruption, ensure justice for wrongdoers, and protect the interests of workers and shareholders.

Several provisions of the Act require careful construction by the executive branch as it faithfully executes the Act.

The legislative purpose of sections 302, 401, and 906 of the Act, relating to certification and accuracy of reports, is to strengthen the existing corporate reporting system under section 13(a) and 15(d) of the Securities Exchange Act of 1934. Accordingly, the executive branch shall construe this Act as not affecting the authority relating to national security set forth in section 13(b) of the Securities Exchange Act of 1934.

To ensure that no infringement on the constitutional right to petition the Government for redress of grievances occurs in the enforcement of section 1512(c) of title 18 of the U.S. Code, enacted by section 1102 of the Act, which among other things prohibits corruptly influencing any official proceeding, the executive branch shall construe the term "corruptly" in section 1512(c)(2) as requiring proof of a criminal state of mind on the part of the defendant.

Given that the legislative purpose of section 1514A of title 18 of the U.S. Code, enacted by section 806 of the Act, is to protect against company retaliation for lawful cooperation with investigations and not to define the scope of investigative authority or to grant new investigative authority, the executive branch shall construe section 1514A(a)(1)(B) as referring to investigations authorized by the rules of the Senate or the House of Representatives and conducted for a proper legislative purpose.

GEORGE W. BUSH
THE WHITE HOUSE,
July 30, 2002.

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For Immediate Release
Office of the Press Secretary
August 23, 2002

Statement by the President
[2002-12] --  38 WCPD 1427 (September 2, 2002)
 

I have signed into law H.R. 2068, a bill "to revise, codify, and enact without substantive change certain general and permanent laws, related to public buildings, property, and works, as title 40, United States Code, 'Public Buildings, Property, and Works'." This measure is the latest in a series that is intended to enact all titles of the United States Code into positive law.

In approving this bill, I note that section 312(b)(2), concerning cert in transfers of funds for equipment purchases, and section 3305(a)(3), concerning the use of land as a site for a public building, state that the executive branch may take action only after receiving the approval of certain committees of Congress. The constitutional requirement of bicameralism and presentment is infringed whenever a single house, committee, or agent of Congress attempts to direct the execution of the laws or to promulgate rules or standards intended to bind the actions of executive or administrative officials that have not been approved by both houses and presented to the President. INS v. Chadha, 462 U.S. 919, 958 59 (1983). The executive branch will therefore interpret these and similar provisions to require advance notification only, since any other interpretation would contradict the Supreme Court's ruling in INS v. Chadha.

GEORGE W. BUSH
THE WHITE HOUSE,
August 23, 2002.

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For Immediate Release
Office of the Press Secretary
September 18, 2002

Statement by the President
[2002-13] --  38 WCPD 1576 (September 23, 2002)
 

Today I have signed into law H.R. 5012, an Act to amend the John F. Kennedy Center Act, authorizing a construction project to improve, among other things, pedestrian, vehicular, and bicycle access to the Kennedy Center.

As added by H.R. 5012, however, section 12(b)(5) purports to make the Secretary of Transportation's (Secretary) entry into contracts "[s]ubject to the approval of the Board." Because the membership of the Board of Trustees of the Kennedy Center (Board) by law includes Members of Congress, the Board cannot constitutionally exercise executive power, such as the power to approve the exercise of contracting authority by the head of an executive department. The exercise of such power by Members of Congress would violate the separation of powers embodied in our Constitution.

It is not evident that the Congress would have withheld contracting authority from the Secretary absent the invalid Board approval requirement. Therefore the executive branch shall treat the Board approval requirement as severable from the remainder of section 12(b)(5), leaving fully operative the contracting authority granted to the Secretary. As a matter of comity, the Secretary shall consult the Board as appropriate in relation to the Secretary's exercise of the authority to enter into contracts under section 12(b)(5).

GEORGE W. BUSH
THE WHITE HOUSE,
September 18, 2002.

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For Immediate Release
Office of the Press Secretary
September 30, 2002

Statement by the President
[2002-14] --  38 WCPD 1658 (October 7, 2002)
 

I have today signed into law H.R. 1646, the "Foreign Relations Authorization Act, Fiscal Year 2003." This Act authorizes appropriations, and provides important new authorities, for diplomatic and related activities of the U.S. Government. Many provisions in the Act will strengthen our ability to advance American interests around the globe, including nonproliferation of weapons of mass destruction, and to meet our international commitments, including those to the United Nations. Regrettably, the Act contains a number of provisions that impermissibly interfere with the constitutional functions of the presidency in foreign affairs, including provisions that purport to establish foreign policy that are of significant concern.

The executive branch shall construe as advisory the provisions of the Act, including sections 408, 616, 621, 633, and 1343(b), that purport to direct or burden the conduct of negotiations by the executive branch with foreign governments, international organizations, or other entities abroad or which purport to direct executive branch officials to use the U.S. voice and vote in international organizations to achieve specified foreign policy objectives. 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.

The executive branch shall also construe provisions in the Act that mandate submission of information to the Congress or the public, such as sections 204, 215, 603, 613(b), 615 and 1602, in a manner consistent with the President's constitutional authority to withhold information the disclosure of which could impair the foreign relations, the national security, the deliberative processes of the Executive, or the performance of the Executive's constitutional duties. The Secretary of State will, of course, continue as a matter of comity to keep the Congress appropriately informed of the Nation's foreign affairs activities.

Several provisions of the Act, including sections 650, 1205(d)(5), and 1501(7) call for executive branch officials to submit to the Congress recommendations 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 to the Congress such measures as the President judges necessary and expedient.

Section 214, concerning Jerusalem, impermissibly interferes with the President's constitutional authority to conduct the Nation's foreign affairs and to supervise the unitary executive branch. Moreover, the purported direction in section 214 would, if construed as mandatory rather than advisory, impermissibly interfere with the President's constitutional authority to formulate the position of the United States, speak for the Nation in international affairs, and determine the terms on which recognition is given to foreign states. U.S. policy regarding Jerusalem has not changed.

The executive branch shall implement sections 325 and 687 in a manner consistent with the equal protection requirements of the Due Process Clause of the Fifth Amendment to the Constitution.

Section 505 of the Act excludes U.S. Government employees abroad assigned to duty as correspondents for the Voice of America (VOA) from the statutory responsibilities of the Secretary of State for security of certain U.S. Government personnel abroad and of chiefs of U.S. missions for direction of such personnel. Pursuant to the constitutional authority of the President to conduct the Nation's foreign affairs and to supervise the unitary executive branch, the Secretary of State may provide such direction as may be necessary with respect to the security and conduct of U.S. Government employees abroad assigned to duty as VOA correspondents.

Section 604 purports to require the imposition of certain sanctions on the Palestinian Liberation Organization or Palestinian Authority based on the determinations that the President makes or fails to make in the report provided for in section 603. Although a waiver authority is also provided, I note that some of these sanctions, in particular with respect to visas and the status of representational offices, bear on the President's power with respect to the timing and nature of diplomatic communications. Accordingly, I shall construe these requirements in a manner consistent with my constitutional responsibilities for the conduct of foreign affairs.

Section 645 of the Act purports to require the President to implement a law through a particular subordinate officer in the Department of Commerce. The executive branch shall implement this provision in a manner consistent with the President's authority to supervise the unitary executive branch, including the authority to direct which officers in the executive branch shall assist the President in faithfully executing the law.

Section 686 makes seven additional plaintiffs with judgments against Iran eligible for payments under the Victims of Trafficking and Violence Protection Act of 2000. While U.S. victims of international terrorism are deserving of compensation in accordance with the law, the continued piecemeal legislative approach that addresses some victims and not others is neither equitable nor practicable. The Congress should develop a compre-hensive proposal that provides compensation for all victims, following the principles my Administration outlined in June of this year. Such a proposal should not draw upon blocked assets to fund victim compensation, so as to preserve the prerogatives of the President in the area of foreign affairs.

Sections 321 and 322, which provide certain retirement benefits to discrete groups of Federal employees, undermine fundamental principles underlying Federal retirement systems. These sections introduce serious inequities in the operation of those systems, and set undesirable precedents. My Administration will submit to the Congress appropriate legislation to repeal section 321 and to adopt remedial legislation in lieu of section 322 that would not undermine the integrity, equity, and sound funding principles of our Federal retirement systems.

Section 1206 could be misconstrued to imply a change in the "one China" policy of the United States when, in fact, that U.S. policy remains unchanged. To the extent that this section could be read to purport to change United States policy, it impermissibly interferes with the President's constitutional authority to conduct the Nation's foreign affairs.

Section 1406 of the Act requires that actions to remove items from the munitions list be subject to reprogramming notifications to committees of Congress. By its plain terms, this provision does not subject such actions to any committee approval requirements, which would be impermissible under the constitutional separation of powers, and accordingly, the executive branch shall so implement it.

My approval of the Act does not constitute my adoption of the various statements of policy in the Act as U.S. foreign policy. Given the Constitution's commitment to the presidency of the authority to conduct the Nation's foreign affairs, the executive branch shall construe such policy statements as advisory, giving them the due weight that comity between the legislative and executive branches should require, to the extent consistent with U.S. foreign policy.

GEORGE W. BUSH
THE WHITE HOUSE,
September 30, 2002.

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For Immediate Release
Office of the Press Secretary
September 30, 2002

Statement by the President
[2002-15] --  38 WCPD 1660 (October 7, 2002)
 

Today I have signed into law H.J. Res. 111, a short-term continuing resolution for FY 2003. The resolution provides appropriations for continuing projects and activities of the Federal Government through October 4, 2002. It ensures that Government operations continue with-out interruption at their current operating level, creates no new programs, and contains no increases in spending.

Section 117 of the continuing resolution purports to prohibit all executive branch agencies from spending any funds made available under the continuing resolution "in violation of section 501 of title 44, United States Code." That section would require executive branch agencies to procure printing from the Government Printing Office, a legislative branch entity. The longstanding position of the executive branch, memorialized in a May 1996 opinion by the Department of Justice, is that this language violates the constitutional principles of separation of powers and therefore is not binding on the executive branch. [See Memorandum from Walter Dellinger, Assistant Attorney General, to Emily C. Hewitt, General Counsel, General Services Administration, May 31, 1996.]

My Administration will continue to work with the Congress to ensure that sound fiscal principles are adhered to as we complete action on the FY 2003 appropriations bills.

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For Immediate Release
Office of the Press Secretary
October 11, 2002

Statement by the President
[2002-16] --  38 WCPD 1745 (October 14, 2002)
 

I have today signed into law S. 1175, the "Vicksburg National Military Park Boundary Modification Act of 2002." In 1863, union forces under the command of Major General Ulysses S. Grant and confederate forces under the command of Lieutenant General John C. Pemberton fought for control of Vicksburg, Mississippi, a strategic location on the lower Mississippi River. The Act authorizes the Secretary of the Interior to add the confederate commander's headquarters to the Park, which has included the union commander's headquarters for many decades. The Act will enable the Department of the Interior to preserve property for the education of Americans today, and in generations to come.

The second sentence of section 3(b) of the Act reads: "Upon the acquisition of the property referenced in this subsection, the Secretary add it to Vicksburg National Military Park and shall modify the boundaries of the park to reflect its inclusion." It is plain in reading the sentence that a word is missing between the words "Secretary" and "add."

In accordance with section 106 of title 1 of the United States Code, enrolled bill S. 1175 was presented to me bearing the signatures of the Speaker of the House of Representatives and the President pro tempore of the Senate, which attests that both Houses passed the bill. In accordance with the principles enunciated by the U.S. Supreme Court in Marshall Field & Co. v. Clark in 1892, I take the bill presented as being duly enrolled and shall not turn to the journals of either House, the reports of congressional committees, or other documents printed by the authority of Congress in an effort to determine whether an error in the enrollment of S. 1175 has occurred.

Recognizing that the second half of the sentence in issue provides that the Secretary "shall" modify park boundaries to reflect inclusion of the property in the Park, the most reasonable construction of the first half of the sentence is that, after the Secretary of the Interior acquires the property, addition of the property to the Park by the Secretary is mandatory. Accordingly, the executive branch shall implement the second sentence of section 3(b) of the Act in the same way it would implement the Act if the word "shall" appeared in that sentence between the words "Secretary" and "add." This construction is faithful to the legislative intent as evidenced by the content of the statute itself.

GEORGE W. BUSH
THE WHITE HOUSE,
October 11, 2002.
 

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For Immediate Release
Office of the Press Secretary
October 16, 2002

Statement by the President
[2002-17] --  38 WCPD 1779 (October 21, 2002)
 

Today I have signed into law H.J. Res. 114, a resolution "To authorize the use of United States Armed Forces against Iraq." By passing H.J. Res. 114, the Congress has demonstrated that the United States speaks with one voice on the threat to international peace and security posed by Iraq. It has also clearly communicated to the international community, to the United Nations Security Council, and, above all, to Iraq's tyrannical regime a powerful and important message: the days of Iraq flouting the will of the world, brutalizing its own people, and terrorizing its neighbors must -- and will -- end. Iraq will either comply with all U.N. resolutions, rid itself of weapons of mass destruction, and in its support for terrorists, or it will be compelled to do so. I hope that Iraq will choose compliance and peace, and I believe passage of this resolution makes that choice more likely.

The debate over this resolution in the Congress was in the finest traditions of American democracy. There is no social or political force greater than a free people united in a common and compelling objective. It is for that reason that I sought an additional resolution of support from the Congress to use force against Iraq, should force become necessary. While I appreciate receiving that support, my request for it did not, and my signing this resolution does not, constitute any change in the long-standing positions of the executive branch on either the President's constitutional authority to use force to deter, prevent, or respond to aggression or other threats to U.S. interests or on the constitutionality of the War Powers Resolution. On the important question of the threat posed by Iraq, however, the views and goals of the Congress, as expressed in H.J. Res. 114 and previous congressional resolutions and enactments, and those of the President are the same.

Throughout the past months, I have had extensive consultations with the Congress, and I look forward to con-tinuing close consultation in the months ahead. In addition, in accordance with section 4 of H.J. Res. 114, I intend to submit written reports to the Congress on matters relevant to this resolution every 60 days. To the extent possible, I intend to consolidate information in these reports with the information concerning Iraq submitted to the Congress pursuant to previous, related resolutions.

The United States is committed to a world in which the people of all nations can live in freedom, peace, and security. Enactment of H.J. Res. 114 is an important step on the road toward such a world.

GEORGE W. BUSH
THE WHITE HOUSE,
October 16, 2002.

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For Immediate Release
Office of the Press Secretary
October 21, 2002

Statement by the President
[2002-18] --  38 WCPD 1819 (October 28, 2002)
 

I have today signed into law H.R. 5531, the "Sudan Peace Act." This Act demonstrates the clear resolve of the United States to promote a lasting, just peace; human rights; and freedom from persecution for the people of Sudan. The Act is designed to help address the evils inflicted on the people of Sudan by their government -- including senseless suffering, use of emergency food relief as a weapon of war, and the practice of slavery -- and to press the parties, and in particular the Sudanese Government, to complete in good faith the negotiations to end the war.

Section 6(b) of the Act purports to direct or burden the conduct of negotiations by the executive branch with foreign governments, international financial institutions, and the United Nations Security Council and purports to establish U.S. foreign policy objectives. The executive branch shall construe these provisions as advisory because such provisions, if construed as mandatory, would impermissibly interfere with the President's exercise of his constitutional authorities to conduct the Nation's foreign affairs, participate in international negotiations, and supervise the unitary executive branch.

Several provisions of the Act purport to require executive branch reports to congressional committees concerning the contents of U.S. diplomatic advocacy, plans for U.S. diplomatic activities to achieve particular foreign policy objectives, and information on particular activities abroad. The executive branch shall construe these provisions in a manner consistent with the President's constitutional authority to withhold information, the disclosure of which could impair the foreign relations, the national security, the deliberative processes of the Executive, or the performance of the Executive's constitutional duties. The Secretary of State will, of course, continue as a matter of comity to keep the Congress appropriately informed of the Nation's foreign affairs activities.

A provision of the Act defines a particular entity as the "Government of Sudan" for purposes of implementing the Act. The executive branch shall construe the Act in a manner consistent with the President's constitutional authority for the United States to recognize foreign states and to determine what constitutes the governments of such foreign states.

GEORGE W. BUSH
THE WHITE HOUSE,
October 21, 2002.

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For Immediate Release
Office of the Press Secretary
October 23, 2002

Statement by the President
[2002-19] --  38 WCPD 1834 (October 28, 2002)
 

Today I have signed into law H.R. 5010, the "Department of Defense Appropriations Act, 2003," which provides $354.8 billion for national security programs administered by the Department of Defense.

I appreciate the bipartisan effort that has gone into producing this Act. It abides by an aggregate FY 2003 funding level that I support of $759 billion, which is consistent with the House-passed Budget Resolution. My Administration appreciates that the Congress has completed the FY 2003 Defense and Military Construction appropriations bills.

I am disappointed that the Act does not fund the $10 billion I requested to support the war on terrorism. I am also concerned that the Act cuts $2.7 billion from my request for operations and maintenance activities at the very time our Armed Forces are engaged in a battle against global terrorism. Without these funds, we may be forced to reduce other important programs to finance the war on terrorism.

Sections 8007 and 8111 of the Act prohibit the use of funds to initiate a special access program or to initiate a new start program, unless the congressional defense committees receive advance notice of such initiation. The U.S. Supreme Court has stated that the President's authority to classify and control access to information bearing on national security flows from the Constitution and does not depend upon a legislative grant of authority. Although the advance notice contemplated by sections 8007 and 8111 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 sections 8007 and 8111 in a manner consistent with the constitutional authority of the President.

Section 8066 of the Act provides that, notwithstanding any other provision of law, no funds available to the Department of Defense for fiscal year 2003 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 Congress of the planned transfer. The provision does not affect transfers using funds available to the Department of Defense if the recipient is other than a nation or an international organization or if the transfer is of intelligence services, such as provision of or accommodation procurements for imagery intelligence, geospatial information, or cryptological support. The provision also does not affect transfers of defense articles or defense services using funds contained in the Act that are available to the Central Intelligence Agency rather than the Department of Defense. 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 8066 sooner than 15 days after notification, the executive branch shall construe section 8066 in a manner consistent with my constitutional duty as Commander in Chief of the Armed Forces.

A proviso in the Act's appropriation for "Operation and Maintenance, Defense-Wide" prohibits implementation of, and purports to prohibit planning for, consolidation of certain offices within the Department of Defense. Similarly, section 8121 of the Act purports to specify the content of future Department of Defense budgetary and programming plans. The executive branch shall construe these provisions relating to planning in a manner consistent with the President's constitutional authority to require the opinions of the heads of departments and to recommend for congressional consideration such measures as the President shall judge necessary and expedient.

Section 8094 of the Act provides that, in implementing a healthcare interagency partnership under that section, Native Hawaiians shall have the status of Native Americans who are eligible for the healthcare services provided by the Indian Health Service. The executive branch shall implement section 8094 in a manner consistent with the requirement to afford equal protection of the laws under the Due Process Clause of the Fifth Amendment to the Constitution.

Section 8116 of the Act makes certain appropriated funds available for transportation, food, lodging, supplies, fees, and training materials for members of the Armed Forces and their immediate family members while participating in chaplain-led programs, such as retreats and conferences, that assist them in building and maintaining a strong family structure. In implementing this provision, the executive branch shall accord the fullest respect to the fundamental constitutional right of free exercise of religion, subject to the constitutional limitation on establishment of religion and any other applicable law.

GEORGE W. BUSH
THE WHITE HOUSE,
October 23, 2002.
 

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For Immediate Release
Office of the Press Secretary
October 23, 2002

Statement by the President
[2002-20] --  38 WCPD 1836 (October 28, 2002)
 

Today I have signed into law H.R. 5011, the "Military Construction Appropriations Act, 2003," which provides $10.5 billion for Department of Defense military construction and family housing programs. The Act ensures the Nation's military construction priorities are met and provides the resources and infrastructure for our fighting forces at home and abroad. My Administration is committed to improving military housing and the quality of life of our uniformed defenders and their families, and this bill clearly reflects that commitment.

Sections 107, 110, and 113 of the Act provide for notice to the Congress of relocation of activities between military installations, initiation of a new installation abroad, or U.S. military exercises involving $100,000 in construction costs. The U.S. Supreme Court has stated that the President's authority to classify and control access to information bearing on national security flows from the Constitution and does not depend upon a legislative grant of authority. Although the notice 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 while protecting sensitive national security information. The executive branch shall construe these sections in a manner consistent with the President's constitutional authority.

Section 119 provides for the Secretary of Defense to submit a report to the Congress with details of proposed actions to encourage certain cooperating nations to assume a greater share of the common defense burden. The executive branch shall construe this provision 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 Secretary of Defense will, of course, continue as a matter of comity to keep the Congress appropriately informed of the matters addressed by section 119.

GEORGE W. BUSH
THE WHITE HOUSE,
October 23, 2002.

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For Immediate Release
Office of the Press Secretary
October 23, 2002

Statement by the President
[2002-21] --  38 WCPD 1839 (October 28, 2002)
 

I have today signed into law H.R. 2121, the "Russian Democracy Act of 2002." This Act seeks to promote democracy, the rule of law, and an independent media in the Russian Federation.

Section 3(b) of the Act purports to establish U.S. policy towards Russia. My approval of the Act does not constitute my adoption of the statements of policy in section 3(b) as U.S. foreign policy. Given the Constitution's commitment to the presidency of the authority to conduct the Nation's foreign affairs, the executive branch shall construe such policy statements as advisory, giving them the due weight that comity between the legislative and executive branches should require, to the extent consistent with U.S. foreign policy.

GEORGE W. BUSH
THE WHITE HOUSE,
October 23, 2002.

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For Immediate Release
Office of the Press Secretary
October 28, 2002

President's Statement on H.R. 5651, the "Medical Device User Fee and Modernization Act of 2002"
[2002-22] --  38 WCPD 1874 (November 4, 2002)
 

Today I have signed into law H.R. 5651, the "Medical Device User Fee and Modernization Act of 2002." The Act protects patients from inappropriate reuse of medical devices, strengthens the inspection regime for medical device manufacturing facilities, modernizes Food and Drug Administration (FDA) medical device operations, and establishes a program under which the users of the FDA's medical device review services pay for those services.

Section 201(a) of the Act enacts section 704(g)(10) of the Food Drug and Cosmetic Act, which purports to make the operation of the "accredited persons" inspection provisions for medical device establishments dependent upon certain determinations by the Comptroller General, a legislative agent, of amounts obligated by the Secretary of Health and Human Services for particular purposes. The executive branch shall construe this provision in accordance with the principles set forth in Bowsher v. Synar, 478 U.S. 714 (1986).

Several provisions of the Act require executive branch officials to submit recommendations to the Congress. The executive branch shall construe such provisions in a manner consistent with the President's constitutional authority to submit for the consideration of the Congress such measures as the President judges necessary and expedient.

GEORGE W. BUSH
THE WHITE HOUSE,
October 26, 2002

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For Immediate Release
Office of the Press Secretary
October 29, 2002

President Signs "Help America Vote Act of 2002"
Statement by the President
[2002-23] --  38 WCPD 1888 (November 4, 2002)
 

Today I have signed into law H.R. 3295, the "Help America Vote Act of 2002." This Act comports with the basic principles set forth in the final report of the bipartisan National Commission on Federal Election Reform, which I endorsed in July of 2001. Consequently, the Act appropriately respects the primacy of State and local governments in the administration of elections, while helping to ensure the integrity and efficiency of voting processes in Federal elections by providing Federal governmental support for that vital endeavor.

Section 203(a)(2) of the Act mandates that members of the congressional leadership submit to the President recommendations of persons to be appointed to the Election Assistance Commission -- an entity, created by the Act, that will exercise significant governmental functions of an executive nature. The executive branch will not construe this provision as establishing the submission of congressional recommendations as a condition precedent to presidential nomination of persons for appointment to the Commission. Such a construction would impose impermissible constraints on presidential power under the Appointments Clause of the Constitution.

Section 203(a)(4) purports to require the President to make appointments to the Commission no later than 120 days after enactment of the new law. As with the provision regarding recommendations for appointment, this deadline unduly circumscribes the presidential appointment power. Moreover, this deadline is practically impossible to satisfy given the time required for the pre-nomination personnel process and confirmation by the full Senate. For these reasons, the executive branch shall interpret this provision as advisory.

Section 902(c) would authorize the Comptroller General, an officer of the legislative branch, to make determinations that would impose binding payment obligations upon entities outside that branch. Because this provision attempts to vest executive functions in the Comptroller General, it violates the constitutional principle of separation of powers.

Finally, the executive branch shall implement section 101, concerning the provision of voting assistance, in a manner consistent with the equal protection requirements of the Due Process Clause of the Fifth Amendment to the Constitution.

GEORGE W. BUSH
THE WHITE HOUSE,
October 29, 2002.
 

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For Immediate Release
Office of the Press Secretary
October 30, 2002

President Signs Niagara Falls Heritage Area Study Act
Statement by the President
[2002-24] --  38 WCPD 1892 (November 4, 2002)

I have signed into law S. 1227, the Niagara Falls National Heritage Area Study Act. The Act requires the Secretary of the Interior to study the suitability and feasibility of establishing the Niagara Falls National Heritage Area in the State of New York, along and in the vicinity of the Niagara River.

Section 3(d) purports to require the Secretary of the Interior to submit to the Congress recommendations related to legislation. The executive branch shall construe this provision in a manner consistent with the President's constitutional authority to submit for consideration to the Congress legislative proposals as the President judges are necessary and expedient.

GEORGE W. BUSH
THE WHITE HOUSE,
October 30, 2002.

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For Immediate Release
Office of the Press Secretary
November 4, 2002

President Signs Justice Approps Authorization Act
Statement by the President
[2002-25] --  38 WCPD 1971 (November 11, 2002)
 

Today I have signed into law H.R. 2215, Entitled the "21st Century Department of Justice Appropriations Authorization Act." The Act grants and amends statutory authorities relating to Federal law enforcement activities and authorizes appropriations for the Department of Justice.

Section 202 of the Act adds a new section 530D to title 28, United States Code, that purports to impose on the executive branch substantial obligations for reporting to the Congress activities of the Department of Justice involving challenges to or nonenforcement of law that conflicts with the Constitution. The executive branch shall construe section 530D of title 28, and related provisions in section 202 of the Act, 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 foreign relations, the national security, the deliberative processes of the Executive, or the performance of the Executive's constitutional duties. To implement section 202(b)(3) of the Act, the Attorney General, on my behalf, shall advise the heads of executive agencies of the enactment of section 202 and of this direction concerning construction of that section and section 530D of title 28. Furthermore, section 202(a) requires that the President report to the Congress the issuance of any "unclassified Executive Order or similar memorandum or order" that establishes or implements a policy of intra-circuit non-acquiescence or of refraining from enforcing, applying, or administering a Federal statute, rule, regulation, program, or policy on the ground that it is unconstitutional. Based upon the text and structure of this section, the executive branch shall construe this reporting obligation to cover only unclassified orders in writing that are officially promulgated and are not included in the reports of the Attorney General or other Federal officers to whom this section applies.

Section 205(b) of the Act amends section 1913 of title 18, United States Code, relating to use of Federal appropriated funds for certain advocacy activities. Section 1913, as amended, does not prohibit the making of any communication whose prohibition by section 1913 "might, in the opinion of the Attorney General, violate the Constitution or interfere with the conduct of foreign policy, counter-intelligence, intelligence, or national security activities." This provision will accordingly be interpreted to avoid applications that might violate the Constitution or interfere with foreign policy and other functions. Further, the executive branch shall construe section 1913 as amended in a manner consistent with the President's constitutional authority to conduct the Nation's foreign affairs, to supervise the unitary executive branch, and to recommend to the consideration of the Congress such measures as the President shall judge necessary and expedient. Finally, section 1913 states that "violations of this section shall constitute violations of section 1352(a) of title 31." The only reasonable construction of this statutory language is that it makes applicable the penalties set forth in section 1352(a) to violations of section 1913, and the executive branch shall construe this provision accordingly.

Provisions in the Act, including sections 207(d), 309, and 11025(a), purport to require executive branch officials to submit to the Congress plans for internal executive branch activities or recommendations relating to legislation. The executive branch shall construe such provisions in a manner consistent with the President's constitutional authorities to supervise the unitary executive branch and to recommend for the consideration of the Congress such measures as the President judges necessary and expedient.

Section 402 of the Act adds sections 2002 and 2004 to the Omnibus Crime Control and Safe Streets Act of 1968, which purport to give "final authority" to a subordinate of the Attorney General over certain grants, cooperative agreements, and contracts awarded by the subordinate's office and to allow the Attorney General to act on behalf of the President to give the subordinate a role representing the U.S. Government at the United Nations and other international fora. The executive branch shall construe sections 2002 and 2004 in a manner consistent with the President's constitutional authorities to supervise the unitary executive branch and to conduct the Nation's foreign affairs and, subject to those authorities, with the Secretary of State's authority pursuant to 22 U.S.C. section 2672.

Section 2301(c) of the Act requires the Attorney General to "devise a plan to implement recommendations of the General Accounting Office to" accomplish goals specified in the statute. Consistent with the principles enunciated by the U.S. Supreme Court in 1983 in INS v. Chadha, the executive branch shall construe section 2301(c) as referring only to recommendations of the GAO in existence at the time of enactment of the Act and as requiring the devising of a plan and submission of a report on the plan, but not implementation of the plan.

Section 2303(b) purports to give the Comptroller General, a legislative agent, a right of access to all relevant documents and information that the Comptroller General deems necessary in conducting a study required by the Act. The executive branch shall construe section 2303(b) 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 foreign relations, the national security, the deliberative processes of the Executive, or the performance of the Executive's constitutional duties.

Section 2504 purports to require the Attorney General to conduct a prosecutor exchange program with a foreign country. The executive branch shall construe section 2504 in a manner consistent with the President's constitutional authorities to conduct the Nation's foreign affairs, participate in international negotiations, and supervise the unitary executive branch.

Section 11015 of the Act purports to give U.S. Attorneys in certain circumstances "exclusive authority" to select an annuity broker for structured settlement purposes. The executive branch shall construe this section in a manner consistent with the President's constitutional authority to supervise the unitary executive branch.

Section 11026(c) of the Act purports to require all Federal law enforcement agencies to comply with requests from the General Accounting Office for certain information in the course of GAO preparation of a report on crime statistics. The executive branch shall construe section 11026(c) 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 foreign relations, the national security, the deliberative processes of the Executive, or the performance of the Executive's constitutional duties.

GEORGE W. BUSH
THE WHITE HOUSE,
November 2, 2002.

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For Immediate Release
Office of the Press Secretary
November 5, 2002

President's Statement on H.R. 3801, Act to Provide for Improvement of Federal Education Research
[2002-26] --  38 WCPD 1995 (November 11, 2002)
 

Today I have signed into law H.R. 3801, an act to provide for improvement of Federal education research, statistics, evaluation, information, and dissemination, and for other purposes. This Act will substantially strengthen the scientific basis for the Department of Education's continuing efforts to help families, schools, and State and local governments with the education of America's children. This Act is an important complement to the No Child Left Behind Act enacted earlier this year.

The executive branch shall construe sections 115, 116(f), 117(d), 119, 156(b), and 186 of the Act in a manner consistent with the President's constitutional authority to supervise the unitary executive branch and shall construe section 116(f) in a manner consistent with the President's authority under the Recommendations Clause of the Constitution to submit for the consideration of the Congress such measures as the President shall judge necessary or expedient. Also, in accordance with the President's constitutional power to select individuals for nomination, the executive branch shall construe section 116(c)(2) as advisory only. In addition, the Director of the Institute of Education Sciences shall implement section 186(a) of the Act subject to the supervision and direction of the Secretary of Education. Finally, the executive branch shall construe section 156(b) regarding the furnishing of compilations or surveys in a manner consistent with the principles enunciated by the U.S. Supreme Court in 1983 in INS v. Chadha, which do not permit the Congress by law to authorize a congressional committee to direct an executive branch entity to create a compilation or survey.

The executive branch shall construe provisions of the Act that require taking account of race, culture, gender, age, region, socioeconomics, ideology, secularity and partisan politics, including sections 111(b)(2)(B), 114(f)(7) and (8), 115(a)(1), 116(b)(8) and (10), 133(c)(7), and 151(b)(3), in a manner consistent with First Amendment freedoms and the requirements of equal protection and due process under the Due Process Clause of the Fifth Amendment.

The executive branch shall construe section 174 and title II of the Act as imposing duties on a State or its officials only when the duties are a condition of a Federal grant or contract accepted by or under the authority of a State, as is consistent with the principles governing Federal-State relations enunciated by the U.S. Supreme Court in 1997 in Printz v. United States.

GEORGE W. BUSH
THE WHITE HOUSE,
November 5, 2002.

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For Immediate Release
Office of the Press Secretary
November 7, 2002

Statement by the President
[2002-27] --  38 WCPD 2008 (November 11, 2002)
 

Today I have signed into law H.R. 4685, a bill to amend title 31, United States Code, to expand the types of Federal agencies that are required to prepare audited financial statements.

The executive branch shall construe the terms "agency," "executive agency," and "covered executive agency" as used in the legislation in a manner consistent with the separation of powers principles recognized by the U.S. Supreme Court in 1992 in Franklin v. Massachusetts; the principle of construction relating to section 552 of title 5 set forth by the U.S. Court of Appeals for the District of Columbia Circuit in 1993 in Meyer v. Bush; and the principle of construction relating to section 112 of title 3 set forth by the U.S. Court of Appeals for the District of Columbia Circuit in 1995 in Haddon v. Walters.

GEORGE W. BUSH
THE WHITE HOUSE,
November 7, 2002.

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For Immediate Release
Office of the Press Secretary
November 25, 2002

Statement by the President
[2002-28] --  38 WCPD 2095 (December 2, 2002)
 

Today I have signed into law S. 1214, the "Maritime Transportation Security Act of 2002." This Act will strengthen security at our Nation's seaports by requiring comprehensive security plans for U.S. ports and mandating improved identification and screening of seaport personnel.

Certain provisions of the Act, including sections 102, 103(b), 110(c)(4), and 112(4), purport to require an executive branch official to submit recommendations to 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. Moreover, to the extent such provisions of the Act would require submission of legislative recommendations, they would impermissibly impinge upon the President's constitutional authority to submit only those legislative recommendations that he judges to be necessary and expedient. Accordingly, the executive branch shall construe such provisions as requiring submission of legislative recom-mendations only where the President judges them necessary and expedient.

Section 102 of the Act adds a new section 70109 to title 46 of the United States Code. This provision purports to require one of my subordinates to notify foreign officials of certain findings and recommend antiterrorism measures to them. The constitutional authority of the President over foreign affairs necessarily entails discretion over these matters, and so the executive branch shall interpret this provision as precatory.

Section 102 of the Act also adds a new section 70112 to title 46. Section 70112(a)(1)(B) purports to authorize an advisory committee in the executive branch to make available to the Congress recommendations that the committee makes to the Secretary of the Department in which the Coast Guard is operating. The executive branch shall construe this provision in a manner consistent with the President's constitutional authority to supervise the unitary executive branch and to protect the deliberative processes of the Executive.

GEORGE W. BUSH
THE WHITE HOUSE,
November 25, 2002.

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For Immediate Release
Office of the Press Secretary
November 25, 2002

Statement by the President
[2002-29] --  38 WCPD 2092 (December 2, 2002)
 

Today I have signed into law H.R. 5005, the "Homeland Security Act of 2002." The Act restructures and strengthens the executive branch of the Federal Government to better meet the threat to our homeland posed by terrorism. In establishing a new Department of Homeland Security, the Act for the first time creates a Federal department whose primary mission will be to help prevent, protect against, and respond to acts of terrorism on our soil.

Section 103(a)(8) of the Act provides for 12 Assistant Secretary positions without defined titles or duties in the new Department that are to be "appointed by the President, by and with the advice and consent of the Senate." Sections 201(b)(1) and 201(b)(2) of the Act provide for two Assistant Secretary positions with defined titles and duties that are to be "appointed by the President." The text and structure of the Act make clear that these two presidentially appointed Assistant Secretary positions were created in addition to the 12 unspecified Assistant Secretary positions, and the executive branch shall construe the relevant provisions accordingly.

With respect to section 201(h), upon the recommendations of the Secretary of Homeland Security, the Director of Central Intelligence, the Secretary of Defense, the Assistant to the President for National Security Affairs, and other appropriate executive branch officials, I will determine which elements of the Department of Homeland Security are concerned with the analysis of foreign intelligence information.

Section 214(a)(1)(D)(ii) provides that voluntarily shared critical infrastructure information shall not be used or disclosed by any Federal employee without the written consent of the person or entity submitting the information, except when disclosure of the information would be to the Congress or the Comptroller General. The executive branch does not construe this provision to impose any independent or affirmative requirement to share such information with the Congress or the Comptroller General and shall construe it in any event 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 foreign relations, the national security, the deliberative processes of the Executive, or the performance of the Executive's constitutional duties.

Section 231 establishes an "Office of Science and Technology" within the National Institute of Justice, and under the general authority of the Assistant Attorney General for the Office of Justice Programs. According to subsection 231(b), "[t]he Office shall be headed by a Director, who shall be an individual appointed based on approval by the Office of Personnel Management of the executive qualifications of the individual." The executive branch will construe this provision in a manner consistent with the requirements of the Appointments Clause of Article II of the Constitution. Because the Director would exercise significant governmental authority and thus be an "officer" whose appointment must be made in conformity with the Appointments Clause, I hereby direct the Attorney General to appoint the Director.

Section 232(e) of the Act provides that the Director of the Office of Science and Technology within the Department of Justice shall have sole authority over decisions relating to publications issued by the Office. The executive branch shall construe this provision in a manner consistent with the constitutional authorities of the President to supervise the unitary executive branch.

Section 306(a) of the Act provides that research conducted by the Department shall be unclassified "to the greatest extent practicable." In addition, section 425 adds section 44901(d)(3) to title 49 of the United States Code, requiring the submission of classified reports concerning the screening of checked baggage for explosives in the aviation system to certain committees of Congress. The executive branch shall construe and carry out these provisions, as well as other provisions of the Act, including those in title II of the Act, in a manner consistent with the President's constitutional and statutory authorities to control access to and protect classified information, intelligence sources and methods, sensitive law enforcement information, and information the disclosure of which could otherwise harm the foreign relations or national security of the United States.

Section 311(h) of the Act provides for the preparation and transmittal to the Congress of reports prepared by the Homeland Security Science and Technology Advisory Committee. The executive branch shall construe this provision in a manner consistent with the constitutional authorities of the President to supervise the unitary executive branch and to recommend for the consideration of the Congress such measures as the President judges necessary and expedient.

Several sections of the Act, including section 414, 476, and 873(c), purport to require the submission of budget requests for the new Department to the Congress and to require such requests to be in a particular form. The executive branch shall construe this provision in a manner consistent with the constitutional authority of the President to recommend for the consideration of the Congress such measures as the President judges necessary and expedient.

Section 452(c)(2) of the Act prohibits various officers of the Department or the Office of Management and Budget from reviewing reports and other material prepared by the Citizenship and Immigration Services Ombudsman. The executive branch shall construe this section in a manner consistent with the President's constitutional authority to supervise the unitary executive branch.

Section 473(f) of the Act purports to require the Secretary of Homeland Security or the Attorney General to comply with requests from the General Accounting Office (GAO) for certain information in the course of GAO preparation of reports on demonstration projects relating to disciplinary action. The executive branch shall construe this provision 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 foreign relations, the national security, the deliberative processes of the Executive, or the performance of the Executive's constitutional duties.

Provisions in the Act, including sections 418(b), 428(e)(7)(B), 460, 477(c)(2)(F), 882(c)(3), and 893(a) purport to require executive branch officials to submit to the Congress plans for internal executive branch activities or recommendations relating to legislation. The executive branch shall construe such provisions in a manner consistent with the President's constitutional authorities to supervise the unitary executive branch and to recommend for the consideration of the Congress such measures as the President judges necessary and expedient.

Section 507 describes some of the functions of the Federal Emergency Management Agency, specifically referencing "the functions and authorities prescribed by the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.)." Because section 503(1) transfers all functions of the Federal Emergency Management Agency to the Department of Homeland Security, including those existing pursuant to laws other than the Stafford Act, the executive branch shall not construe the specification of the Stafford Act in section 507 as limiting in any way the transfer of the other authorities currently belonging to the Federal Emergency Management Agency.

Section 812(a) authorizes Inspectors General and their assistants and agents to make criminal arrests without warrants for any Federal felony if they have "reasonable grounds to believe" that the subject committed or is committing the offense. Because the Supreme Court has held that the standard of probable cause applies to all arrests, regardless of circumstances, the grounds for making an arrest under this standard are only "reasonable" if they include probable cause to believe that the subject has committed or is committing a crime. The Inspectors General, their assistants, and agents must accordingly have probable cause before making an arrest pursuant to this section. The authority to make criminal arrests and to exercise other law enforcement authorities conveyed by this section is to be exercised in accordance with guidelines promulgated by the Attorney General, as provided by section 6(e)(4) of the Inspector General Act of 1978, as added by section 812(a).

Section 873(b) describes conditions under which gifts or donations of services or property of the Department may be accepted, used, or disposed of by third parties. The executive branch shall construe this provision in a manner consistent with existing legal authorities being transferred to the Department of Homeland Security and shall not construe it to effect an implied repeal of any such authority.

Section 878 provides that the Secretary of Homeland Security shall appoint a senior official in the Department to assume primary responsibility for certain counternarcotics efforts and to serve as the United States Interdiction Coordinator for the Office of National Drug Control Policy. In making this appointment, the Secretary of Homeland Security will consult with and seek recommendations from the Director of the Office of National Drug Control Policy.

Section 879 establishes an Office of International Affairs with responsibilities to promote information and education exchange with foreign nations with respect to best practices and technologies relating to homeland security. This Office will carry out these functions in close coordination with the Department of State and other relevant Government agencies.

Section 886 recites a series of findings and provides the sense of the Congress concerning aspects of section 1385 of title 18, United States Code, commonly known as the Posse Comitatus Act. This provision does not purport to alter, modify, or otherwise affect the Posse Comitatus Act or judicial interpretations of that Act, and the executive branch shall construe this provision accordingly.

Section 895 of the Act purports to amend Rule 6(e) of the Federal Rules of Criminal Procedure by expanding the permissible scope of grand jury information that may be shared by prosecutors. On April 29, 2002, however, the Supreme Court proposed a set of amendments to Rule 6 that, under section 2074 of title 28, are scheduled to take effect on December 1, 2002. There is no indication that the Congress' different amendments to Rule 6(e) were intended to reject the Supreme Court's pending proposal, and my Administration will construe the Act so that the Supreme Court's proposed amendments to Rule 6 will still go into effect, without alteration, on December 1, 2002. As a result of those intervening amendments, when section 895 becomes effective in 60 days, its directions for amendment will no longer correspond to the underlying text of Rule 6(e). In the next Congress, technical amendments will be necessary to add the changes in this section to those already accomplished by the Supreme Court pursuant to sections 2072 and 2074 of title 28.

Section 1313(a)(2) provides authority to the Administrative Office of the United States Courts to establish a program for providing voluntary separation incentive payments to "individuals serving in the judicial branch." Based upon an understanding of the intent of this provision, as well as appropriate respect for principles of judicial independence, the executive branch shall construe "individuals serving in the judicial branch" to exclude those individuals serving as members of the Federal judiciary.

Section 1331 adds an amended section 4107(b)(1)(A) to title 5, United States Code, which requires that, in exercising authority to assign and fund academic degree training for certain Federal employees, an agency "take into consideration the need to maintain a balanced workforce in which women, members of racial and ethnic minority groups, and persons with disabilities are appropriately represented in Government service." The executive branch shall construe this provision in a manner consistent with the Equal Protection component of the Due Process Clause of the Fifth Amendment to the Constitution.

GEORGE W. BUSH
THE WHITE HOUSE,
November 25, 2002.

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For Immediate Release
Office of the Press Secretary
November 27, 2002

Statement by the President
[2002-30] --  38 WCPD 2102 (December 2, 2002)
 

Today I have signed into law H.R. 4628, the "intelligence Authorization Act for Fiscal Year 2003," which authorizes appropriations to fund United States intelligence activities, including activities essential to success in the war against global terrorism. This Act also establishes the National Commission on Terrorist Attacks Upon the United States to examine and report on the facts and causes relating to the September 11th terrorist attacks. The Commission will build upon the work of the congressional joint inquiries to carefully examine the circumstances surrounding the attacks and the lessons to be learned from them. I expect that the Commission's final report will contain important recommendations for steps that can be taken to improve our preparedness for and response to terrorist attacks in the future.

The executive branch shall implement sections 325, 334, and 826 of the Act, and section 8H(g)(1)(A) of the Inspector General Act of 1978 as enacted by section 825 of the Act, relating to submission of recommendations to the Congress, in a manner consistent with the President's constitutional authority to supervise the unitary executive branch.

Many provisions of the Act, including section 342 and title VIII, establish new requirements for the executive branch to disclose sensitive information. As I have noted in signing last year's Intelligence Authorization Act and other similar legislation, 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 subsections 501(d) and (e), relating to the number and activities of military personnel deployed abroad, in a manner consistent with the President's constitutional authority as Commander in Chief of the Armed Forces.

GEORGE W. BUSH
THE WHITE HOUSE,
November 27, 2002.

►[This signing statement is also found at:]
[link to document at www.whitehouse.gov]
[plain text at GPO]
[no PDF file available from GPO]
 

For Immediate Release
Office of the Press Secretary
December 2, 2002

Statement by the President
[2002-31] --  38 WCPD 2114 (December 9, 2002)
 

Today I have signed into law H.R. 4546, the "Bob Stump National Defense Authorization Act for Fiscal Year 2003." The Act authorizes the funding necessary to protect the United States and advance its interests abroad. In particular, it authorizes the resources necessary to continue the war against terrorists of global reach, to equip and train our Armed Forces for success in combat, and to support the members of the Armed Forces and their families with a substantial and fully merited increase in basic pay. The Act also grants new authorities to the Department of Defense that will assist in transforming the armed forces to meet future challenges.

A number of provisions of the Act establish new requirements for the executive branch to furnish sensitive information to the Congress on various subjects, including sections 221, 1043, 1065 (enacting 10 U.S.C. 127b(f)(2)(C)(ii) and (iii)), 1205, 1206, 1207, and 1209 (enacting section 722 of Public Law 104-293). The executive branch shall construe such provisions in a manner consistent with the President's constitutional authority to with-hold 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.

Many provisions of the Act call for executive branch officials to submit recommendations and plans to the Congress, including sections 112(b), 142(c), 221(c), 231 (enacting 10 U.S.C. 196), 234(c), 241(c)(3)(D), 366, 404(c), 513(e), 534(c), 582, 721 (enacting 38 U.S.C. 8111(c)(4) and (f)(2)(C) and (F)), 723, 813, 924, 1043(b)(2), 1061 (enacting 10 U.S.C. 113a), 1207, 1208 (enacting section 1503(b)(8) of Public Law 103-337), 3141(e), 3143, 3176(b)(4) and (d), and 3504(c)(4). The executive branch shall construe such provisions in a manner consistent with the President's constitutional authority to supervise the unitary executive branch. In addition, with respect to provisions that purport to require executive branch officials to submit legislative proposals to the Congress, including sections 513(e), 813, 1061, and 3143, the executive branch also shall construe such provisions in a manner consistent with the President's constitutional authority to submit for the consideration of the Congress such measures as the President judges necessary and expedient.

The executive branch shall construe section 133(2)(B) of the Act as requiring only notification to the Congress and not any form of congressional approval following notification, as any other construction would be inconsistent with the constitutional principles enunciated by the Supreme Court in 1983 in INS v. Chadha.

The executive branch shall construe section 2308(e)(1) of title 10 of the United States Code, as enacted by section 801 of the Act, as neither giving the force of law to any quantity set forth in a table, chart, or explanatory text in a joint explanatory statement of a House-Senate committee of conference or in any congressional committee report, nor requiring the exercise of waiver authority under section 2308 to acquire more than a quantity specified in such a table, chart, or explanatory text. Construing the section otherwise would not be consistent with the bicameralism and presentment requirements of the Constitution for the making of a law.

The executive branch shall implement section 2323 of title 10 of the United States Code, as extended through fiscal year 2006 by section 816 of the Act, in a manner consistent with the equal protection requirements of the Due Process Clause of the Fifth Amendment to the Constitution.

Section 242 of the Act vests authority to direct the provision of funds for designated projects, and to select certain projects for funding, in an official who is to be designated by the Under Secretary of Defense for Acquisition, Technology, and Logistics. Under the Constitution, such authority should be exercised only by officers of the United States appointed in accordance with the provisions of the Appointments Clause. Accordingly, the Secretary of Defense shall ensure that the official designated by the Under Secretary under this section is a duly appointed constitutional officer or that the official's exercise of the authority vested is supervised and reviewed by the Under Secretary or another appropriate constitutional officer.

Finally, the executive branch shall construe sections 3155, 3156, and 3160, which purport to require executive branch officials to conduct programs with a foreign country, in a manner consistent with the President's constitutional authority to conduct the foreign affairs of the United States.

GEORGE W. BUSH
THE WHITE HOUSE,
December 2, 2002.


►[This signing statement is also found at:]
[link to document at www.whitehouse.gov]
[plain text at GPO]
[no PDF file available from GPO]
 

Statement on Signing the E-Government Act of 2002
December 17, 2002
[2002-32] --  38 WCPD 2174 (December 23, 2002)


Today I have signed into law H.R. 2458, the "E-Government Act of 2002." This legislation builds upon my Administration's expanding E-Government initiative by ensuring strong leadership of the information technology activities of Federal agencies, a comprehensive framework for information security standards and programs, and uniform safeguards to protect the confidentiality of information provided by the public for statistical purposes. The Act will also assist in expanding the use of the Internet and computer resources in order to deliver Government services, consistent with the reform principles I outlined on July 10, 2002, for a citizen-centered, results-oriented, and market-based Government.

For Immediate Release
Office of the Press Secretary
December 19, 2002

Statement by the President
[2002-34] --  38 WCPD 2178 (December 23, 2002)
 

Today I have signed into law H.R. 4664, the "National Science Foundation Authorization Act of 2002." The Act authorizes appropriations for the National Science Foundation and modifies statutory authorities of the Foundation.

Section 5(f) of the Act purports to condition authorizations of certain appropriations on a subsequent determination by the Congress of the existence of successful progress by the executive branch toward specified goals. The executive branch shall construe the purported condition as advisory, since any other construction would be inconsistent with the principles enunciated by the U.S. Supreme Court in 1983 in INS v. Chadha. Also, the executive branch shall construe and implement sections 8(10)(A), 9(a)(5), 11(b)(3), and 24 in a manner consistent with the equal protection requirements of the Due Process Clause of the Fifth Amendment to the Constitution.

Several provisions of the Act, including sections 14(a), 14(b) (amending section 201(a)(1) of the National Science Foundation Authorization Act of 1998), and 18(d) call for the submission by the executive branch of specified information or recommendations to 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, to protect the deliberative processes of the Executive, and to submit to the Congress such recommendations as the President judges necessary and expedient.

GEORGE W. BUSH
THE WHITE HOUSE,
December 19, 2002.

►[This signing statement is also found at:]
[link to document at www.whitehouse.gov]
[plain text at GPO]
[no PDF file available from GPO]
 

[ED'S NOTE: THERE APPEAR TO HAVE BEEN TWO SIGNING STATEMENTS
FOR H.J. RES. 2, THE OMNIBUS APPROPRIATIONS BILL]

For Immediate Release
Office of the Press Secretary
February 20, 2003

Statement by the President
[2003-01a] --  39 WCPD 227 (February 24, 2003)
 

Today I Signed Into Law H.j. Res. 2, An Omnibus Appropriations Bill funding the remaining 11 appropriations bills for FY 2003. The funds provided in this resolution will provide important and long overdue resources for our Nations priorities, including fighting the war on terrorism and educating our most vulnerable children.

This bill provides over $397 billion in discretionary budget authority, including $10 billion in reserve funding for the Department of Defense, and is largely consistent with the agreed upon overall funding level. My original budget request, made a year ago, asked for the War on Terror reserve. I had separately agreed to endorse new funds for election reform, a bill that was passed months after my budget was submitted.

Unfortunately, the Congress chose to circumvent the spending limit for FY 2003 by borrowing $2.2 billion in funding from FY 2004. This action must be corrected by adjusting both the 2004 budget allocations and appropriations, and holding advance appropriations constant with the level enacted last year. I will ask the Leadership to ensure this happens.

This bill allocates over $53 billion in total Education funding. The Congress provided increases for many of my high-priority programs, including programs for reading, disadvantaged students, special education, and Pell Grants.

The bill also includes $3.3 billion in unrequested drought and other assistance, which is only minimally offset by real reductions in existing farm spending. Ninety-five percent of purported savings are scheduled to come several years from now, after the expiration of todays farm bill, and may prove illusory.

Most troublesome, H.J. Res. 2 falls nearly $1 billion short of my request for State and local law enforcement and emergency personnel, and in particular underfunds terrorism preparedness for first responders. I requested $3.5 billion for the First Responders Initiative. The bill, however, provides only $1.3 billion for this purpose. Meanwhile the bill provides $2.2 billion for existing State and local grant programs, which are not directly related to higher-priority terrorism preparedness and prevention efforts. This is unsatisfactory, and my Administration will use every appropriate tool available to ensure that these funds are directed to the highest priority homeland security needs.

This belated agreement to last years appropriations process is not perfect, but it underscores the need to move quickly on this years priorities outlined in my 2004 budget request. I look forward to working with the Congress to continue funding the war on terror, strengthening our economy, and protecting the homeland.

GEORGE W. BUSH

►[This signing statement is also found at:]
[link to document at www.whitehouse.gov]
[plain text at GPO]
[PDF from GPO]
 

Statement by the President
February 20, 2003
[2003-01b] --  39 WCPD 225 (February 24, 2003)
 

Today I have signed into law H.J. Res. 2, the ``Consolidated Appropriations Resolution, 2003,'' which contains the remaining 11 annual appropriations acts for fiscal year 2003. The funds appropriated by this bill will provide valuable resources for priorities such as homeland security, military operations, and education.

I am very concerned that the Congress failed to provide over $1 billion in funds that my Administration requested for State and local law enforcement and emergency personnel, and that much of the funding that the Congress did provide is heavily earmarked for lower-priority programs that are not best designed to protect Americans against terrorism. As a result, the shortfall for homeland security First Responder programs is more than $2.2 billion. Funds that should have been made available to the Department of Homeland Security are being diverted to programs unrelated to higher-priority terrorism preparedness and prevention efforts. My Administration will use all the tools at its disposal to ensure that as much of this funding as possible is directed toward terrorism preparedness and prevention.

Further, although the funding level in the bill is largely consistent with the agreed upon top line level that I urged the Congress to adopt, the bill is not fully consistent with the agreed upon non-defense discretionary funding levels due to the expanded use of budgetary mechanisms, such as advance appropriations. This bill includes an increase in advance appropriations of $2.2 billion, which should not be used to evade top line agreements on total discretionary funding.Therefore, the FY 2004 congressional budget allocations should be reduced accordingly and the device should not be repeated in FY 2005.

Finally, the bill includes $3.3 billion for unrequested drought aid and other assistance that is only partially offset by spending reductions in
the recently enacted Farm Bill.

In addition, a number of provisions of H.J. Res. 2 are inconsistent with the constitutional authority of the President to conduct foreign affairs, command the Armed Forces, supervise the unitary executive branch, protect sensitive information, and make recommendations to the Congress. Other provisions unconstitutionally condition execution of the laws by the executive branch upon approval by congressional committees.

Thus, the executive branch shall construe as advisory the provisions of the bill that purport to: direct or burden the Executive's conduct of international negotiations, such as sections 514, 556, 576, and 577 in the Foreign Operations Appropriations Act; limit the President's authority as Commander in Chief, such as language under the heading ``Andean Counterdrug Initiative'' in the Foreign Operations Appropriations Act and section 609 of the Commerce Appropriations Act; or limit the President's authority to supervise the unitary executive branch, such as section 718 of the Agriculture Appropriations Act and the provisions relating to Office of Management and Budget review of executive branch orders, activities, regulations, transcripts and testimony in the Treasury Appropriations Act.

In addition, the executive branch shall construe provisions that mandate, regulate, or prohibit submission of information to the Congress or the public, such as sections 561(a), 568(a), and 574(d) of the Foreign Operations Appropriations Act and sections 620 and 622 of the Treasury Appropriations Act, 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. Also, the executive branch shall construe provisions that mandate or prohibit submission of recommendations to the Congress, such as section 723 of the Agriculture Appropriations Act and the provisions purporting to require submission of a request for a supplemental appropriation in the Interior Appropriations Act, in a manner consistent with the President's constitutional authority to submit for congressional consideration such measures as the President judges necessary and
expedient.

Also, the executive branch shall construe as advisory, or as calling solely for notification, the provisions of this bill 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 United States Supreme Court in INS v. Chadha. Such provisions include: provisions relating to the ``Working Capital Fund,'' Food and Drug Administration fund transfers, and sections 704 and 719 relating to fund transfers in the Agriculture Appropriations Act; the provision relating to an expenditure plan for the entry-exit system in the Commerce Appropriations Act; and the provisions on transfer of United States Customs Service aircraft, automated commercial environment, business systems modernization, funds transfers within and among Treasury entities, Secret Service protective mission travel, museum construction, high-intensity drug trafficking area and other funding levels, building prospectus funding levels, use of the Federal building fund for emergency repairs and transfers with the fund, unobligated balances for salaries and expenses, office improvements, and law enforcement training facilities in the Treasury Appropriations Act.

Furthermore, the duty of the President under section 586 of the Foreign Operations Appropriations Act to issue and provide copies of an order relating to consideration of the release of information is assigned to the Attorney General, who shall ensure that the section is implemented 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.

Finally, to ensure proper respect for the distinct powers of the executive and legislative branches and to ensure effective coordination between them in emergencies, the Attorney General shall serve as the single officer within the executive branch authorized to receive requests from the Chief of the Capitol Police and to approve action by the executive branch in the implementation of section 1017 of the legislative branch Appropriations Act.

George W. Bush
The White House,
February 20, 2003.

Note [from the GPO]: H.J. Res. 2, approved February 20, was assigned Public Law No. 108-7.


►[This signing statement is also found at:]
[link to document at www.whitehouse.gov]
[plain text at GPO]
[PDF from GPO]
 

For Immediate Release
Office of the Press Secretary
April 23, 2003

Statement by the President
[2003-02] --  39 WCPD 460 (April 28, 2003)
 

Today I have signed into law S. 380, the Postal Civil Service Retirement System Funding Reform Act of 2003. The Act reforms the funding of benefits under the Civil Service Retirement System (CSRS) for employees of the United States Postal Service.

Under the Appointments Clause of the Constitution, including as construed by the U.S. Supreme Court in 1997 in Edmond v. United States, statutory authority to make decisions for the United States that are final must be exercised by, or subject to the control of, a principal officer of the United States. Sections 2(c) and 3(b) of the Act vest in certain circumstances in the CSRS Board of Actuaries (Board) authority to reconsider, review, and make adjustments with finality in certain determinations, redeterminations, and computations made by the Director of the Office of Personnel Management (OPM). Yet, Board members are not principal officers because they have not been appointed by the President, by and with the advice and consent of the Senate, as the Appointments Clause requires. They have instead been appointed by the Director of OPM in accordance with law. Moreover, the Board is not subject to the control of a principal officer in conducting the review, reconsideration, and adjustments for which sections 2(c) and 3(b) of the Act provide, because those sections make such Board action final. Accordingly, to the extent that sections 2(c) and 3(b) make the actions of the Board under those sections final, they are inconsistent with the Appointments Clause.

The Director of OPM shall prepare forthwith for submission to the Congress recommended legislation to conform statutes related to the CSRS Board of Actuaries to the Appointments Clause. While awaiting enactment of corrective legislation, I instruct the Director of OPM, who is a principal officer, to receive any results of reconsideration, review, or adjustments by the Board under sections 2(c) and 3(b) of the Act as advice and opinion for the Director's approval, modification, or disapproval. This instruction gives the fullest effect to the Act that is consistent with the Appointments Clause.

Sections 2(e)(1), 3(e)(1), and 3(f)(1)(B) of the Act purport to require officials in the executive branch to submit recommendations to the Congress or an agent of the Congress. The executive branch shall construe such provisions in a manner consistent with the constitutional authority of the President to submit for the consideration of the Congress such measures as the President judges necessary and expedient.

GEORGE W. BUSH
THE WHITE HOUSE,
April 23, 2003.

►[This signing statement is also found at:]
[link to document at www.whitehouse.gov]
[plain text at GPO]
[no PDF file available from GPO]

 

For Immediate Release
Office of the Press Secretary
April 25, 2003

Statement by the President
[2003-03] --  39 WCPD 491 (May 5, 2003)
 

I have today signed into law H.R. 1584, the "Clean Diamond Trade Act." The Act enables this Nation to implement procedures developed by more than 50 countries to exclude rough "conflict diamonds" from international trade, while promoting legitimate trade. Conflict diamonds have been used by rebel groups in Africa to finance their atrocities committed on civilian popula-tions and their insurrections against internationally recognized governments. The United States has played a key role over the past 2 years in forging an international consensus to curb such damaging trade and has therefore strongly supported the "Kimberley Process." Diamonds also are critical to the economic growth and development of African and other countries, so preserving their legitimate trade is an important foreign policy objective.

This Act directs the President to implement regulations to carry out the Kimberley Process Certification Scheme (KPCS). Although under this Act I have discretion to issue regulations consistent with future changes to the KPCS, under the Constitution, the President cannot be bound to accept or follow changes that might be made to the KPCS at some future date absent subsequent legislation. I will construe this Act accordingly.

Section 15 of the Act provides that the legislation takes effect on the date the President certifies to the Congress that either of two specified events has occurred. The first event is that "an applicable waiver that has been granted by the World Trade Organization is in effect." The second event is that "an applicable decision in a resolution adopted by the United Nations Security Council pursuant to Chapter VII of the Charter of the United Nations is in effect." Once the Act takes effect, it "shall thereafter remain in effect during those periods in which, as certified by the President to the Congress, an applicable waiver or decision" by the World Trade Organization or the United Nations Security Council, respectively, "is in effect."

If section 15 imposed a mandatory duty on the President to certify to the Congress whether either of the two specified events has occurred and whether either remains in effect, a serious question would exist as to whether section 15 unconstitutionally delegated legislative power to international bodies. In order to avoid this constitutional question, I will construe the certification process set forth in section 15 as conferring broad discretion on the President. Specifically, I will construe section 15 as giving the President broad discretion whether to certify to the Congress that an applicable waiver or decision is in effect. Similarly, I will construe section 15 as imposing no obligation on the President to withdraw an existing certification in response to any particular event. Rather, I will construe section 15 as giving the President the discretion to determine when a certification that an applicable waiver or decision is no longer in effect is warranted.

GEORGE W. BUSH
THE WHITE HOUSE,
April 25, 2003.

►[This signing statement is also found at:]
[link to document at www.whitehouse.gov]
[plain text at GPO]
[no PDF file available from GPO]
 

For Immediate Release
Office of the Press Secretary
April 30, 2003

President's Signing Statement
[2003-04] --  39 WCPD 504 (May 5, 2003)
 

Today I have signed into law S. 151, the "Prosecutorial Remedies and Other Tools to end the Exploitation of Children Today Act of 2003," also known as the PROTECT Act. This important legislation gives law enforcement authorities valuable new tools to deter, detect, investigate, prosecute, and punish crimes against America's children. In particular, the Act builds upon my Administration's ongoing efforts to expand and improve the AMBER Alert program to combat child abduction, strengthens laws against child pornography, and addresses deficiencies in Federal sentencing policies and practices.

The executive branch shall construe section 108(d)(3) of the Act, which calls for the Attorney General to submit recommendations to the Congress, in a manner consistent with the President's constitutional authority to submit for the consideration of the Congress such measures as the President judges necessary and expedient.

Section 401(l)(2) of the Act calls for a report to certain committees of the Congress by the Attorney General concerning prosecutorial actions, including the basis on which the Solicitor General decides, in particular cases involving departures from sentencing guidelines, whether or not to authorize an appeal. Were this provision to take effect, the executive branch would implement it in a manner consistent with the President's constitutional authority to withhold information the disclosure of which could impair the deliberative processes of the Executive or the performance of the Executive's constitutional duties.

GEORGE W. BUSH
THE WHITE HOUSE,
April 30, 2003.

►[This signing statement is also found at:]
[link to document at www.whitehouse.gov]
[plain text at GPO]
[no PDF file available from GPO]

For Immediate Release
Office of the Press Secretary
May 29, 2003

Statement by the President on Taiwan and WHO
[2003-05] --  39 WCPD 679 (June 2, 2003)
 

Today I have signed into law S. 243, an Act concerning participation of Taiwan in the World Health Organization. The United States fully supports the overall goal of Taiwan's participation in the work of the World Health Organization, including observership. The United States has expressed publicly its firm support for Taiwan's observer status and will continue to do so. The executive branch shall, as is consistent with the President's constitutional authority to conduct the Nation's foreign affairs, construe the Act to be consistent with the "one China" policy of the United States, which remains unchanged. The executive branch also shall construe the reporting require-ment in section 1(c) of the Act 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 Secretary of State will continue, of course, as a matter of comity to keep the Congress appropriately informed of the matters addressed by the reporting requirement.

GEORGE W. BUSH
THE WHITE HOUSE,
May 29, 2003.

►[This signing statement is also found at:]
[link to document at www.whitehouse.gov]
[plain text at GPO]
[no PDF file available from GPO]
 

For Immediate Release
Office of the Press Secretary
July 3, 2003

President Bush Signs the "Strengthen AmeriCorps Program Act"
Statement by the President
[2003-06] --  39 WCPD 876 (July 7, 2003)

Today I have signed into law S. 1276, the "Strengthen AmeriCorps Program Act." The Act clarifies the methods by which the Corporation for National and Community Service (CNCS) records obligations to the National Service Trust for volunteer educational awards by authorizing the use of estimating method-ology similar to other comparable programs. In order to ensure appropriate accountability hereafter, the Act also provides for annual independent audits of the Trust.

Section 2(b)(2) of the Act purports to require the CNCS to consult the Director of the Congressional Budget Office (CBO), a legislative agent, in executing section 2(b)(1)(B) of the Act relating to determination of a formula for calculating certain obligations for recordation. Because section 191 of the National and Community Service Act of 1990 (NCSA) (42 U.S.C. 12651) assigns to the CNCS the Executive function to "administer the programs established under the national service laws," and because the CNCS is an "Executive agency" under section 105 of title 5 of the United States Code by virtue of the provisions of section 191 of the NCSA and section 103 of title 5, the CNCS is plainly part of the unitary executive branch.

Since a statute cannot constitutionally require the executive branch to involve a legislative agent in executive decision-making, the executive branch shall construe section 2(b)(2) as requiring the CNCS only to notify the Director of the CBO with regard to the matters addressed by the provision. At the same time, the Chief Executive Officer (CEO) of the CNCS shall, as a matter of comity between the executive and legislative branches, seek and consider the views of the Director of CBO in this matter as the CEO deems appropriate.

GEORGE W. BUSH
THE WHITE HOUSE,
July 3, 2003.

►[This signing statement is also found at:]
[link to document at www.whitehouse.gov]
[plain text at GPO]
[no PDF file available from GPO]
 

For Immediate Release
Office of the Press Secretary
July 14, 2003

Statement on H.R. 2474
Statement by the President
[2003-07] --  39 WCPD 917 (July 21, 2003)

Today I am signing into law H.R. 2474, which would permit the Congressional Hunger Center to spend up to $3 million in funds appropriated for each of fiscal years 2003 and 2004 to provide Bill Emerson and Mickey Leland Hunger Fellowships.

Upon signing the Farm Security and Rural Investment Act of 2002 on May 13, 2002, I stated that the method of appointing members to the Board of Trustees for the Hunger Fellowship Program runs afoul of the Appointments Clause of the Constitution. The current legislation does not adequately address this constitutional problem, in that it simply provides that the Hunger Fellowship Program will be administered for 2 years by a private, nonprofit corporation, the Congressional Hunger Center. Again, I remain prepared to work with the Congress on legislation that will provide a long-term solution for this constitutional infirmity. To avoid any constitutional concerns stemming from the provision of funds to the Congressional Hunger Center, I instruct the head of the department to whose agency these funds are appropriated to treat the money as a grant and ensure the Center's compliance with the terms of its grant.

GEORGE W. BUSH
THE WHITE HOUSE,
July 14, 2003.

►[This signing statement is also found at:]
[link to document at www.whitehouse.gov]
[plain text at GPO]
[no PDF file available from GPO]
 

For Immediate Release
Office of the Press Secretary
July 28, 2003

Statement on Burmese Democracy Act
Burmese Freedom and Democracy Act of 2003 and Executive Order
[2003-08] --  39 WCPD 990 (Aug. 4, 2003)
 

Today, I have signed into law the Burmese Freedom and Democracy Act of 2003 and an executive order sending a clear signal to Burma's ruling junta that it must release Nobel Peace Laureate Aung San Suu Kyi, along with all other political prisoners, and move down the path toward democracy. These measures reaffirm to the people of Burma that the United States stands with them in their struggle for democracy and freedom.

The Burmese Freedom and Democracy Act is the result of close cooperation between my Administration and Members of Congress on both sides of the aisle, especially Senator Mitch McConnell and Representative Tom Lantos. Among other measures, the legislation bans the import of Burmese products. The executive order freezes the assets of senior Burmese officials and bans virtually all remittances to Burma. By denying these rulers the hard currency they use to fund their repression, we are providing strong incentives for democratic change and human rights in Burma.

In May of this year, the Burmese government tightened its grip on the people of Burma when it organized an attack on the motorcade of Aung San Suu Kyi, the leader of the National League for Democracy (NLD). Since then, Burmese officials have ignored requests from around the world to release Aung San Suu Kyi and other members of the NLD and to re-open NLD offices.

The repression of the Burmese regime contributes to problems that spill across Burma's borders, including refugee flows, narcotics trafficking, and the spread of HIV/AIDS and other diseases. These problems affect Burma's neighbors, and these nations must play an important role in resolving the current crisis. I urge the Association of South-East Asian Nations (ASEAN) to continue to make clear to the regime that its behavior is inconsistent with ASEAN's standards and goals. Burma should not be permitted to tarnish ASEAN's record as a positive force for progress. I also welcome the measures taken by the European Union and Japan to bring about democratic change in Burma.

The United States will not waver from its commitment to the cause of democracy and human rights in Burma. The United States has raised the situation in Burma at the United Nations Security Council, and will do so again as developments warrant. The world must make clear -? through word and deed -? that the people of Burma, like people everywhere, deserve to live in dignity and freedom, under leaders of their own choosing.

►[This signing statement is also found at:]
[link to document at www.whitehouse.gov]
[plain text at GPO]
[no PDF file available from GPO]
 

For Immediate Release
Office of the Press Secretary
August 18, 2003

Statement on H.R. 1412
[2003-09] --  39 WCPD 1081 (Aug. 25, 2003)
 

Today, I Have Signed Into Law H.R. 1412, the "Higher Education Relief Opportunities for Students Act of 2003." This Act permits the Secretary of Education to waive or modify Federal student financial assistance program requirements to help students and their families or academic institutions affected by a war, other military operation, or national emergency. The executive branch shall construe section 2(c) in a manner consistent with the Presidents authority under the Recommendations Clause of the Constitution to submit for the consideration of the Congress such measures as the President shall judge necessary or expedient.

GEORGE W. BUSH
THE WHITE HOUSE,
August 18, 2003.

►[This signing statement is also found at:]
[link to document at www.whitehouse.gov]
[plain text at GPO]
[no PDF file available from GPO]
 

For Immediate Release
Office of the Press Secretary
September 4, 2003

Statement on Prison Rape Elimination Act
Statement by the President
[2003-10] --  39 WCPD 1148 (Sept. 8, 2003)
 

Today, I have signed into Law S. 1435, the "Prison Rape Elimination Act of 2003." The Act provides for analysis of the incidence and effects of prison rape in Federal, State and local institutions, and for information, resources, recom-mendations and funding to protect individuals from prison rape. The Act also creates a National Prison Rape Reduction Commission.

Section 7(h) of the Act purports to grant to the Commission a right of access to any Federal department or agency informa-tion it considers necessary to carry out its duties, and section 7(k)(3) provides for release of information to the public. The executive branch shall construe sections 7(h) and 7(k)(3) in a manner consistent with the President's constitutional authority to withhold information when its disclosure could impair deliberative processes of the Executive or the performance of the Executive's constitutional duties and, to the extent possible, in a manner consistent with Federal statutes protecting sensitive information from disclosure.

GEORGE W. BUSH
THE WHITE HOUSE,
September 4, 2003.

►[This signing statement is also found at:]
[link to document at www.whitehouse.gov]
[plain text at GPO]
[PDF from GPO]
 

For Immediate Release
Office of the Press Secretary
September 30, 2003

Statement by the President
[2003-11] --  39 WCPD 1287 (Oct. 6, 2003)
 

Today I have signed into law H.R. 2657, the "Legislative Branch Appropriations Act, 2004" for the fiscal year ending September 30, 2004, and making emergency supplemental appropriations for fiscal year 2003.

Section 103 of the Act establishes in the House of Representatives an Office of Interparliamentary Affairs. To ensure consistency with the President's constitutional authority to conduct the Nation's foreign affairs, the executive branch shall construe section 103 as assigning the Office functions limited to protocol and travel support for the House of Representatives.

Several provisions of the Act make specified changes in statements of managers of the House-Senate conference committees that accompanied various bills reported from conference that ultimately became laws. As with other committee materials, statements of managers accompanying a conference report do not have the force of law. Accordingly, although changes to these statements are directed by the terms of the statute, the statements themselves are not legally binding.

►[This signing statement is also found at:]
[link to document at www.whitehouse.gov]
[plain text at GPO]
[no PDF file available from GPO]
 

For Immediate Release
Office of the Press Secretary
October 1, 2003

Statement by the President
[2003-12] --  39 WCPD 1289 (Oct. 6, 2003)
 

Today, I have signed into law H.R. 2658, the "Department of Defense Appropriations Act, 2004."

Sections 8007 and 8103 of the Act prohibit the use of funds to initiate a special access program or to initiate 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 and 8103 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 sections 8007 and 8103 in a manner consistent with the constitutional authority of the President.

Section 8065 of the Act provides that, notwithstanding any other provision of law, no funds available to the Department of Defense for fiscal year 2004 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 enforce-ment, or humanitarian assistance operations might require action of a kind covered by section 8065 sooner than 15 days after notification, the executive branch shall construe section 8065 in a manner consistent with the President's constitutional authority as Commander in Chief of the Armed Forces.

A proviso in the Act's appropriation for "Operation and Maintenance, Defense-Wide" prohibits implementation of and purports to prohibit planning for consolidation of certain offices within the Department of Defense. Also, sections 8010(b), 8041(b), and 8115 purport to specify the content of a portion of a future budget request to the Congress for the Department of Defense. 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 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 principles enunciated by the Supreme Court in INS v. Chadha.

A proviso within the appropriation for "Operation and Maintenance, Air Force" earmarks an amount of funds for a grant to a college for the purpose of funding minority aviation training, and section 8089 of the Act provides that, in imple-menting a healthcare interagency partnership under that section, Native Hawaiians shall have the status of Native Americans who are eligible for healthcare services. The executive branch shall implement the proviso and section 8089 in a manner consistent with the requirement to afford equal protection of the laws under the Due Process Clause of the Fifth Amendment to the Constitution.

Sections 8082, 8091, 8117, and 8131 of the Act make clear that the classified annex accompanies but is not incorporated as a part of the Act, and therefore the classified annex does not meet the bicameralism and presentment requirements specified by the Constitution for the making of a law. Accordingly, the executive branch shall construe the classified annex references in sections 8082, 8091, 8117, and 8131 as advisory in effect. My Administration continues to discourage any efforts to enact secret law as part of defense funding legislation and encourages instead appropriate use of classified annexes to committee reports and joint statements of managers that accompany the final legislation.

GEORGE W. BUSH
THE WHITE HOUSE,
September 30, 2003.

►[This signing statement is also found at:]
[link to document at www.whitehouse.gov]
[plain text at GPO]
[no PDF file available from GPO]
 

For Immediate Release
Office of the Press Secretary
October 1, 2003

Statement by the President
[2003-13] --  39 WCPD 1292 (Oct. 6, 2003)
 

Today, I have signed into Law H.R. 2555, the "Department of Homeland Security Appropriations Act, 2004." This is the first regular appropriations act for the Department of Homeland Security.

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 1983 in INS v. Chadha. Such provisions include the purported approval requirements in the appropriations for expenses for the development of the United States Visitor and Immigrant Status Indicator Technology project; customs and border protection automated systems; immigration and customs enforcement automated systems; operations, maintenance, and procurement of marine vessels, aircraft, and other related equipment of the air and marine program; expenses of the United States Secret Service; and also in sections 504, 511, and 516. To the extent that section 519 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 Chadha principles.

GEORGE W. BUSH
THE WHITE HOUSE,
October 1, 2003.


►[This signing statement is also found at:]
[link to document at www.whitehouse.gov]
[plain text at GPO]
[no PDF file available from GPO]
 

For Immediate Release
Office of the Press Secretary
October 28, 2003

Statement on H.R. 1474
Statement by the President
[2003-14] --  39 WCPD 1485 (Nov. 3, 2003)

Today I have signed into law H.R. 1474, the "Check Clearing for the 21st Century Act." This Act is intended to update and modernize the Nation's check payment and collection systems. Section 16(b) of the Act purports to require executive branch officials to submit to the Congress recommendations for legislative action. The executive branch shall construe section 16(b) in a manner consistent with the President's authority under the Recommendations Clause of the Constitution to submit for the consideration of the Congress such measures as the President shall judge necessary or expedient.

GEORGE W. BUSH
THE WHITE HOUSE,
October 28, 2003.

►[This signing statement is also found at:]
[link to document at www.whitehouse.gov]
[plain text at GPO]
[no PDF file available from GPO]
 

[Text Supplied by GPO]
[Text appearing on the White House website is incomplete]

Statement on H.R. 3289
Statement by the President
[2003-15] --  39 WCPD 1549 (Nov. 10, 2003)
 

Today, I have signed into law H.R. 3289, the ``Emergency Supplemental Appropriations Act for Defense and for the Reconstruction of Iraq and Afghanistan, 2004.'' The Act supports our mission and our troops deployed in Iraq, Afghanistan, and elsewhere, which will better secure the safety of America and the world.

Sections 1108 and 1113 of the Act prohibit the use of appropriated funds for certain activities unless the congressional defense committees
receive advance notice. Although such advance notice can be provided in most situations as a matter of comity, situations may arise in which the President must act promptly pursuant to his constitutional responsibilities 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 to classify and control access to information bearing on the national security.

The Act incorrectly refers to the Coalition Provisional Authority (CPA) as if it were established pursuant to U.N. Security Council resolutions. The executive branch shall construe the provision to refer to the CPA as established under the laws of war for the occupation of Iraq.

Section 2203(b)(2)(C) requires executive agency heads to furnish certain reports to the chairman and ranking minority member of ``[e]ach
committee that the head of the executive agency determines has legislative jurisdiction for the operations of such department or agency to which the information related.'' The executive branch shall, as a matter of comity and for the very narrow purpose of determining to whom an agency will submit the report under this provision, determine the legislative jurisdiction of congressional committees.

Section 2215(b)(4) of the Act calls for a report on ``the progress being made toward indicting and trying leaders of the former Iraqi regime for'' specified crimes. The executive branch shall construe the provision as calling for a report on the activities of the relevant systems of justice, and not on whether any given individual has committed any of the enumerated crimes, which is a matter to be determined by an appropriate tribunal according to applicable law.

Title III of the Act creates an Inspector General (IG) of the CPA. Title III shall be construed in a manner consistent with the President's
constitutional authorities to conduct the Nation's foreign affairs, to supervise the unitary executive branch, and as Commander in Chief of the
Armed Forces. The CPA IG shall refrain from initiating, carrying out, or completing an audit or investigation, or from issuing a subpoena, which
requires access to sensitive operation plans, intelligence matters, counterintelligence matters, ongoing criminal investigations by other
administrative units of the Department of Defense related to national security, or other matters the disclosure of which would constitute a
serious threat to national security. The Secretary of Defense may make exceptions to the foregoing direction in the public interest.

Provisions of the Act that require disclosure of information, including section 3001(h)(4)(B) of the Act, shall be construed 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.

GEORGE W. BUSH
THE WHITE HOUSE,
November 6, 2003.

►[This signing statement is also found at:]
[link to document at www.whitehouse.gov]
[plain text at GPO]
[no PDF file available from GPO]

 

For Immediate Release
Office of the Press Secretary
November 10, 2003

Statement on H.R. 2691
Statement by the President
[2003-16] --  39 WCPD 1576 (Nov. 17, 2003)
 

Today, I have signed into Law H.R. 2691, the Department of the Interior and Related Agencies Appropriations Act, 2004.

Under the appropriations heading "Construction" for the Bureau of Indian Affairs, the Act refers to one subsection of title 25 of the United States Code that do not exist (25 U.S.C. 2505(f)) and one provision in title 25 that exists (25 U.S.C. 2005(a)) but which, as is plain from the text of the Act, is not the provision to which the Act was intended to refer. The Director of the Office of Management and Budget shall submit immediately on my behalf for the considera-tion of the Congress legislation to correct these errors in the Act. If corrective legislation is not enacted before execution of the provisions under the appropriations heading becomes necessary, the Attorney General shall provide a legal opinion to the Secretary of the Interior on how to faithfully execute the appropriations heading in light of the errors it contains.

The executive branch shall construe sections 101 and 325 of the Act, which purport to require the executive branch to submit to the Congress in certain circumstances a request for a supplemental appropriation or for enactment of other legislation, in a manner consistent with the Presidents constitutional authority to submit for the consideration of the Congress such measures as the President judges necessary and expedient.

Many provisions in the Act purport to require the consent or approval of committees of the Congress before executive branch execution of aspects of the Act or purport to preclude executive branch execution of a provision of the Act upon the written disapproval of such committees. The executive branch shall construe such provisions to require only notification to the Congress, because any other construction would contravene the constitutional principles set forth by the United States Supreme Court in 1983 in its decision in INS v. Chadha.

GEORGE W. BUSH
THE WHITE HOUSE,
November 10, 2003.

►[This signing statement is also found at:]
[link to document at www.whitehouse.gov]
[plain text at GPO]
[no PDF file available from GPO]
 

For Immediate Release
Office of the Press Secretary
November 18, 2003

Animal Drug User Fee Act of 2003
Statement by the President
[2003-17] --  39 WCPD 1644 (Nov. 24, 2003)

Today, I have signed into law S. 313, the "Animal Drug User Fee Act of 2003." The Act is designed to expedite the animal drug development process, while continuing to ensure the safety and effectiveness of animal drugs.

Section 4(a) of the Act purports to require the Secretary of Health and Human Services to submit legislative recommenda-tions to the Congress and to establish procedures by which the Secretary must formulate such recommendations. The legislative power does not extend to requiring the Executive submit legislative recommendations to the Congress nor to specifying procedures by which the Executive must formulate any legislative recommendations that the Executive makes. The executive branch shall execute section 4(a) in a manner consistent with the Constitution's exclusive commitments to the President of the authority to submit for the consideration of the Congress such measures as he judges necessary and expedient and the authority to supervise the unitary executive branch.

GEORGE W. BUSH
THE WHITE HOUSE,
November 18, 2003.

►[This signing statement is also found at:]
[link to document at www.whitehouse.gov]
[plain text at GPO]
[no PDF file available from GPO]
 

For Immediate Release
Office of the Press Secretary
November 22, 2003

President Signs Military Construction Appropriations Act
Statement by the President
[2003-18] --  39 WCPD 1680 (Dec. 1, 2003)
 

Today, I have signed into law H.R. 2559, the "Military Construction Appropriations Act, 2004." The Act appropriates funds for construction to support the operations of the U.S. Armed Forces and for military family housing.

Sections 107, 110, and 113 provide for notice to the Congress of relocation of activities between military installations, initiation of a new installation abroad, or U.S. military exercises involving $100,000 in construction costs. The Supreme Court of the United States has stated that the President's authority to classify and control access to information bearing on national security flows from the Constitution and does not depend upon a legislative grant of authority. Although notice 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 while protecting sensitive national security information. The executive branch shall construe these sections in a manner consistent with the constitutional authority of the President.

Section 119 provides for the Secretary of Defense to submit a report to Congress with details of proposed actions to encourage certain cooperating nations to assume a greater share of the common defense burden. Section 128 of the Act establishes a commission of eight congressionally-designated members to study the U.S. military facility structure overseas and provides for commission access to information. The executive branch shall construe sections 119 and 128 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.

GEORGE W. BUSH
THE WHITE HOUSE,
November 22, 2003.

►[This signing statement is also found at:]
[link to document at www.whitehouse.gov]
[plain text at GPO]
[no PDF file available from GPO]
 

For Immediate Release
Office of the Press Secretary
November 24, 2003

President's Statement on National Defense Authorization Act
[2003-19] --  39 WCPD 1683 (Dec. 1, 2003)


Today, I have signed into law H.R. 1588, the National Defense Authorization Act for Fiscal Year 2004. The Act authorizes funding to defend the United States and its interests abroad and provides much-needed flexibility to manage effectively the personnel and taxpayer resources devoted to the national defense.

Section 541(a) of the Act amends section 991 of title 10 of the United States Code to purport to place limits on the number of days on which a member of the Armed Forces may be deployed, unless the Secretary of Defense or a senior civilian or military officer to whom the Secretary has delegated authority under section 541(a) approves the continued deployment. Section 1023 purports to place restrictions on use of the U.S. Armed Forces in certain operations. The executive branch shall construe the restrictions on deployment and use of the Armed Forces in sections 541(a) and 1023 as advisory in nature, so that the provisions are consistent with the President's constitutional authority as Commander in Chief and to supervise the unitary executive branch.

Section 903 amends section 153 of title 10 to require the Secretary of Defense to provide for a report to the Congress by the Chairman of the Joint Chiefs of Staff of a plan for mitigating risks identified by the Chairman. The executive branch shall construe this provision in a manner consistent with the President's constitutional authority to supervise the unitary executive branch and as Commander in Chief.

Section 924 places restrictions upon the exercise of certain acquisition authority by the Director of the National Security Agency (NSA). The reference in section 924(b) to section 2430 of title 10, United States Code, authorizes the Secretary of Defense to exclude from the scope of section 924(b) highly sensitive classified programs as determined by the Secretary of Defense. Moreover, the exercise by the Under Secretary of Defense for Acquisition, Technology, and Logistics of authority described in section 924 remains subject to the statutory authority of the Secretary of Defense to exercise authority, direction, and control of the Department of Defense under section 113(b) of title 10. The executive branch shall construe and execute section 924 in a manner consistent with these statutory authorities of the Secretary of Defense, the authority of the Director of Central Intelligence under section 103(c)(7) of the National Security Act to protect intelligence sources and methods from unauthorized disclosure, and the constitutional authority of the President to supervise the unitary executive branch and as Commander in Chief.

Section 1442(b)(2)(C) requires executive agency heads to furnish certain reports to the chairman and ranking minority member of "[e]ach committee that the head of the executive agency determines has legislative jurisdiction for the operations of such department or agency to which the information relates." The executive branch shall, as a matter of comity and for the very narrow purpose of determining to whom a department or agency will submit a report under this provision, determine the legislative jurisdiction of congressional committees.

Section 3622 purports to establish an interparliamentary working group involving up to 40 Members of Congress and the legislature of the Russian Federation on nuclear nonproliferation and security. Consistent with the President's constitutional authority to conduct the Nation's foreign relations and as Commander in Chief, the executive branch shall construe section 3622 as authorizing neither representation of the United States nor disclosure of national security information protected by law or Executive Order.

Several provisions of the Act, including sections 320(b)(5) and (e), 335, 528, 647(c)(2), 923(d)(1)(F), and 1051, call for executive branch officials to submit to the Congress proposals for legislation. These provisions shall be implemented 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.

A number of provisions of the Act, including sections 111(c), 903, 924, 1202, 1204, 1442(b)(2)(C), 1504(b), and 2808, require the executive branch to furnish information to the Congress or other entities 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.

GEORGE W. BUSH
THE WHITE HOUSE,
November 24, 2003.

Note [supplied by GPO]: H.R. 1588, approved November 24, was assigned Public Law No. 108-136.

►[This signing statement is also found at:]
[link to document at www.whitehouse.gov]
[plain text at GPO]
[no PDF file available from GPO]

[A second, apparently incomplete version with inconsistent dates of this signing statement appears at the White House website.]
 

For Immediate Release
Office of the Press Secretary
December 1, 2003

Statement on H.R. 2754
Statement by the President
[2003-20] --  39 WCPD 1732 (Dec. 8, 2003)

Today, I have signed into law H.R. 2754, the "Energy and Water Development Appropriations Act, 2004." The Act funds programs of the Department of Energy, the Department of the Interior's Bureau of Reclamation, the Army Corps of Engineers, and several other agencies, and provides funds to help protect the Nation's environment.

The executive branch shall construe provisions of the Act that direct the Secretary of a military department to perform the Secretary's duties through a particular military officer in a manner consistent with the statutory authority of the Secretary of Defense to exercise authority, direction, and control of the Department of Defense and the constitutional authority of the President to supervise the unitary executive branch and as Commander in Chief.

Provisions in sections 209 and 303 and under the heading "Construction, General" in title I purport to require the approval of committees of the Congress before executive branch execution of aspects of the Act or to preclude executive branch execution of a provision of the Act upon the written disapproval of such a committee. The executive branch shall construe such provisions to require only notification to the Congress, as any other construction would contravene the constitutional principles set forth by the Supreme Court in INS v. Chadha.

GEORGE W. BUSH
THE WHITE HOUSE,
December 1, 2003.

►[This signing statement is also found at:]
[link to document at www.whitehouse.gov]
[plain text at GPO]
[no PDF file available from GPO]
 

For Immediate Release
Office of the Press Secretary
December 3, 2003

Statement on S. 189
Statement by the President
[2003-21] --  39 WCPD 1744 (Dec. 8, 2003)
 

Today, I have signed S. 189, the "21st Century Nanotechnology Research and Development Act." The Act authorizes appropriations for research in nanoscience, nanoengineering, and nanotechnology research and other related activities.

Several provisions of the Act, including sections 2(d)(2), 3(c)(1), 4(d), and 5(d), purport to call for executive branch officials to submit to the Congress proposals for legislation, including funding 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.

The executive branch shall construe section 2(b)(4)(E) of the Act in a manner consistent with the Government's obligation under the Due Process Clause of the Fifth Amendment to the Constitution to ensure equal protection of the laws.

GEORGE W. BUSH
THE WHITE HOUSE,
December 3, 2003.

►[This signing statement is also found at:]
[link to document at www.whitehouse.gov]
[plain text at GPO]
[no PDF file available from GPO]
 

For Immediate Release
Office of the Press Secretary
December 8, 2003

Statement by President on H.R. 1
Statement by the President
[2003-22] --  39 WCPD 1774 (Dec. 15, 2003)

Today, I have signed into law H.R. 1, the "Medicare Prescription Drug, Improvement, and Modernization Act of 2003." The Act helps achieve a more modern Medicare system that includes prescription drug coverage and choices for seniors.

Sections 1012 and 1014 of the Act create a commission and a working group, both with most of their members designated by Members of Congress or the Comptroller General, a legislative agent. Sections 1012(h)(3) and 1014(j)(3) purport to give the commission and the working group a right to secure directly from executive departments and agencies information they seek to perform their duties. The executive branch shall construe these provisions 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 deliberative processes of the Executive or the performance of the Executive's constitutional duties.

Section 802 of the Act calls for the President to submit to the Congress proposals for legislation in the event that a Medicare funding warning is issued under section 801(a)(2). Many other provisions in the Act, including sections 101(b), 109(d)(2), 410A(e), 434(f), 507(c)(3), 645(a)(2), 649(g), 651(d)(2), 911(f), and 1014(o), also call for executive branch officials to submit to the Congress proposals for legislation. 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 judges necessary and expedient.

GEORGE W. BUSH
THE WHITE HOUSE,
December 8, 2003.

►[This signing statement is also found at:]
[link to document at www.whitehouse.gov]
[plain text at GPO]
[PDF from GPO]
 

For Immediate Release
Office of the Press Secretary
December 12, 2003

Statement by the President on H.R. 2115
Statement by the President
[2003-23] --  39 WCPD 1795 (Dec. 22, 2003)
 

Today, I have signed into law H.R. 2115, the "Vision 100 -- Century of Aviation Reauthorization Act." The Act is designed to strengthen America's aviation sector, provide needed authority to the Federal Aviation Administration (FAA), and enhance the safety of the traveling public.

Subtitle A of title II of the Act amends section 106 of title 49 of the United States Code to abolish the Air Traffic Services Subcommittee of the Federal Aviation Management Advisory Council and creates, separate from the Council, an Air Traffic Services Committee (ATSC). Section 106 as amended vests in the ATSC substantial governmental authority, including the power to approve the FAA's strategic plan for the air traffic control system, certain large procurements, appointment and pay of the FAA Chief Operating Officer, FAA major reorganizations, and the FAA cost accounting and financial management structure. Under section 106(p)(6)(C), as amended, the members of the abolished Air Traffic Services Subcommittee of the Council automatically become the members of the ATSC, but only to "serve in an advisory capacity," with the ATSC beginning to exercise non-advisory authority when the ATSC members have been appointed by the President by and with the advice and consent of the Senate. Accordingly, in light of section 106(p)(6)(C), the executive branch shall construe the provisions of section 106(p) and 106(r) that refer to approval or other non-advisory functions of the ATSC to require, from the date of enactment of the Act through the date on which the last Senate-confirmed Presidential appointment is made to the ATSC, only notice to the ATSC and an opportunity for the ATSC to express its views.

Section 106(p)(7)(B)(iii) of title 49, as enacted by section 202 of the bill, purports to limit the qualifications of the pool of persons from whom the President may select ATSC members in a manner that rules out a large portion of those persons best qualified by experience and knowledge to fill the office. Congressional participation in such appointments is limited by the Appointments Clause of the Constitution to the Senate's provision of advice and consent with respect to Presidential nominees. The executive branch shall construe the provisions concerning qualifications in section 106(p)(7)(B)(iii) as advisory, as is consistent with the Appointments Clause.

Section 47171 of title 49, as enacted by section 304(a) of the Act, purports to mandate the process for cooperation among agencies in the executive branch in conducting environ-mental reviews for certain airport projects. In particular, section 47171(i) purports to require one part of the executive branch to report to committees of Congress when a second part of the executive branch has not met the first part's deadlines for action on certain environmental reviews, and then requires the second part to explain to the committees why it did not meet the deadline and what actions it intends to take to complete the relevant matter. The executive branch shall implement section 47171 in a manner and to the extent consistent with the President's constitutional authority to supervise the unitary executive branch.

The executive branch shall construe and implement section 323(b)(2) of the Act, relating to certain disputes, in a manner consistent with the constitutional authority of the President to supervise the unitary executive branch.

The executive branch shall construe the provisions of section 411(i) of the Act, concerning the provision of executive branch information and records to the National Commission on Small Community Air Service, in a manner consistent with the President's constitutional authority to withhold information the disclosure of which could impair the 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 and implement section 46111 of title 49, as enacted by section 601(a) of the Act, relating to access to and use of classified information, in a manner consistent with the President's constitutional authority to classify and control access to information bearing on the national security.

The executive branch shall implement sections 702 and 703 of the Act, which relate to the award of certain government scholarships, in a manner consistent with the equal protection requirements of the Due Process Clause of the Fifth Amendment to the Constitution.

Section 44511(f) of title 49, as enacted by section 712 of the Act, requires the Secretary of Transportation to appoint "an independent governing board" for a 4-year airport cooperative research pilot program. The executive branch shall construe the reference to the board as "independent" to mean independence within the Department of Transportation from the FAA, while the board remains subject to the statutory authority of the Secretary as the head of the Department and the President's constitutional authority to supervise the unitary executive branch. Moreover, the executive branch shall construe the provisions for nomination of candidates for the board by particular officials or organiza-tions as advisory, as is consistent with the Appointments Clause of the Constitution.

The executive branch shall construe as advisory the provisions of section 812(a) 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. Such provisions, if construed as mandatory rather than advisory, would impermissibly interfere with the President's constitutional authority to conduct the Nation's foreign affairs, participate in international negotiations, and supervise the unitary executive branch.

GEORGE W. BUSH
THE WHITE HOUSE,
December 12, 2003.

►[This signing statement is also found at:]
[link to document at www.whitehouse.gov]
[plain text at GPO]
[PDF from GPO]
 

For Immediate Release
Office of the Press Secretary
December 12, 2003

Statement by the President on H.R. 1828
Statement by the President
[2003-24] --  39 WCPD 1795 (Dec. 22, 2003)
 

Today, I have signed into law H.R. 1828, the "Syria Accountability and Lebanese Sovereignty Restoration Act of 2003." The Act is intended to strengthen the ability of the United States to conduct an effective foreign policy.

Section 5 of the Act purports to impose upon the President requirements to take certain actions against Syria unless the President either determines and certifies to the Congress that the Government of Syria has taken specific actions, or determines that it is in the national security interest of the United States to waive such requirements and reports the reasons for that determination to the Congress. A law cannot burden or infringe the President's exercise of a core constitutional power by attaching conditions precedent to the use of that power. The executive branch shall construe and implement section 5 in a manner consistent with the President's constitutional authority to conduct the Nation's foreign affairs and as Commander in Chief, in particular with respect to the conduct of foreign diplomats in the United States, the conduct of United States diplomats abroad, and the exportation of items and provision of services necessary to the performance of official functions by United States Government personnel abroad.

Section 6 of the Act requires an officer in the executive branch to furnish information to the Congress on various subjects involving Syria and terrorism. The executive branch shall construe section 6 in a manner consistent with the President's constitutional authority to withhold information the disclosure of which could impair foreign relations, national security, the deliberative processes of the Executive, or the performance of the Executive's constitutional duties.

My approval of the Act does not constitute my adoption of the various statements of policy in the Act as U.S. foreign policy. Given the Constitution's commitment to the Presidency of the authority to conduct the Nation's foreign affairs, the executive branch shall construe such policy statements as advisory, giving them the due weight that comity between the legislative and executive branches should require, to the extent consistent with U.S. foreign policy.

GEORGE W. BUSH
THE WHITE HOUSE,
December 12, 2003.

►[This signing statement is also found at:]
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[PDF from GPO]

 

For Immediate Release
Office of the Press Secretary
December 13, 2003

Statement on H.R. 2417
Statement by the President
[2003-25] --  39 WCPD 1798 (Dec. 22, 2003)

Today, I have signed into law H.R. 2417, the "Intelligence Authorization Act for Fiscal Year 2004." The Act authorizes funding for United States intelligence activities, including activities in the war against terrorists of global reach.

Section 506A(c) of the National Security Act of 1947, as enacted by section 312(b) of the Act, purports to require the President to request that the Congress enact laws appropriating funding for a major intelligence system procurement in an amount set as a cost estimate by an entity subordinate to the President or to explain why the President instead requests amounts below those levels. Moreover, beginning with the submittal to the Congress of the President's budget for FY 2006, section 312(d)(2) of H.R. 2417 purports to condition the obligation or expenditure of funds for development or procurement of a major intelligence system on the President's compliance with the requirements of section 506A. The executive branch shall construe these provisions in a manner consistent with the Constitution's commitment to the President of exclusive 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, and to withhold information the disclosure of which could impair the deliberative processes of the Executive or the performance of the Executive's constitutional duties.

Section 341(b) purports to require the Attorney General and the Director of Central Intelligence, acting through particular offices subordinate to them respectively, to establish certain policies and procedures relating to espionage prosecutions. The executive branch shall implement this provision in a manner consistent with the authority committed exclusively to the President by the Constitution to faithfully execute the laws and to supervise the unitary executive branch. Similarly, sections 1102(a) and 1102(c) of the National Security Act, as enacted by section 341(a) of the Act, purport to mandate that the Director of Central Intelligence use or act through the Office of National Counterintelligence Executive to establish and implement an inspection process for all agencies and departments of the U.S. Government that handle classified information. The executive branch shall implement this provision in a manner consistent with the President's constitutional authority to supervise the unitary executive branch.

The executive branch shall construe and implement section 376 of the Act, relating to making available classified information to courts, in a manner consistent with the President's constitutional authority to classify and control access to information bearing on the national security and consistent with the statutory authority of the Attorney General for the conduct of litigation for the United States.

Many provisions of the Act, including section 106 and subtitle D of title III of the Act, seek to require the executive branch to furnish information to the Congress on various subjects. The executive branch shall construe the 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.

The executive branch shall implement section 319 of the Act in a manner consistent with the requirement to afford equal protection of the laws under the Due Process Clause of the Fifth Amendment to the Constitution.

Section 502 purports to place restrictions on use of the U.S. Armed Forces and other personnel in certain operations. The executive branch shall construe the restrictions -in section 502 as advisory in nature, so that the provisions are 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.

Section 106 enacts by reference certain requirements set forth in the joint explanatory statement of the House-Senate committee of conference or in a classified annex. The executive branch continues to discourage this practice of enacting secret laws and encourages instead appropriate non-binding uses of classified schedules of authorizations, classified annexes to committee reports, and joint statements of managers that accompany the final legislation.

GEORGE W. BUSH
THE WHITE HOUSE,
December 13, 2003.

►[This signing statement is also found at:]
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[PDF from GPO]

For Immediate Release
Office of the Press Secretary
December 19, 2003

Statement by the President on S. 1680
Statement by the President
[2003-26] --  39 WCPD 1836 (Dec. 29, 2003)

Today, I have signed into law S. 1680, the "Defense Production Reauthorization Act of 2003". The Act extends production-related authorities available to the President to provide support for the Armed Forces and meet important civil needs.

Section 123(c) of the Defense Production Act Amendments of 1992, as enacted by section 7(c) of the Act, purports to require the executive branch to undertake consultations with foreign nations on specific matters and to report thereon to the Congress. The executive branch shall construe section 123(c) in a manner consistent with the constitutional authorities of the President to conduct the Nation's foreign relations and to with-hold 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.

GEORGE W. BUSH
THE WHITE HOUSE,
December 19, 2003.

►[This signing statement is also found at:]
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[PDF from GPO]

For Immediate Release
Office of the Press Secretary
December 19, 2003

Statement by the President
[2003-27] --  39 WCPD 1836 (Dec. 29, 2003)
 

Today, I have signed into law S. 1683, the "Federal Law Enforcement Pay and Benefits Parity Act of 2003." The Act provides for a report on the pay and benefits of Federal law enforcement officers and for a program of law enforcement officer exchanges between the Federal Government and States or localities.

To the extent that section 2(b)(2) of the Act calls for submission by the executive branch of legislative recommendations, the executive branch shall implement the provision in a manner consistent with the President's constitutional authority to supervise the unitary executive branch and to submit for the consideration of the Congress such measures as the President judges necessary and expedient.

GEORGE W. BUSH
THE WHITE HOUSE,
December 19, 2003.

►[This signing statement is also found at:]
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For Immediate Release
Office of the Press Secretary
January 23, 2004

Statement on H.R. 2673
Statement by the President
[2004-01] -- 40 WCPD 137 (Feb. 2, 2004)

Today, I have signed into law H.R. 2673, the "Consolidated Appropriations Act, 2004" (CAA). The CAA consolidates into a single appropriations Act several appropriations bills that the Congress normally passes each year as separate bills to fund the operations of the Federal Government.

Many provisions of the CAA are inconsistent with the constitutional authority of the President to conduct foreign affairs, command the Armed Forces, protect sensitive information, supervise the unitary executive branch, make appointments, and make recommendations to the Congress. Many other provisions unconstitutionally condition execution of the laws by the executive branch upon approval by congressional committees.

The executive branch shall construe as advisory the provisions of the Act that purport to: (1) direct or burden the Executives conduct of foreign relations, including sections 514, 531, 548, 557, 570, 571, 589, 610, and 618(b) of, and language relating to an agreement under the heading "Other Bilateral Economic Assistance, Economic Support Fund" in, the Foreign Operations Appropriations Act; and sections 404, 612, and 635 of the Commerce, Justice, State Appropriations Act and language in that Act relating to World Trade Organization negotiations and United Nations Security Council voting; (2) limit the Presidents authority as Commander in Chief, such as language under the heading "Andean Counterdrug Initiative" in the Foreign Operations Appropriations Act and section 610 of the Commerce, Justice, State Appropriations Act; (3) limit the Presidents authority to supervise the unitary executive branch, such as section 610(3) of the Commerce, Justice, State Appropriations Act, and sections 618 and 628 of the Transportation, Treasury Appropriations Act and the language in that Act relating to Office of Management and Budget (OMB) review of executive branch orders, activities, regulations, transcripts, and testimony; or (4) restrict the Presidents constitutional authority to make appointments, such as section 604(c)(3)(B) of the Foreign Operations Appropriations Act and subsections 112(a) and (d) of the Commerce, Justice, State Appropriations Act.

In addition, the executive branch shall construe provisions in the CAA that mandate submission of information to the Congress, other entities outside the executive branch, or the public, such as section 637(e)(2) of the Commerce, Justice, State Appropriations Act, 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. Also, to the extent that provisions of the CAA, such as section 404 of the Transportation, Treasury Appropriations Act and section 721 of the Agriculture Appropria-tions Act, purport to require or regulate submission by executive branch officials of legislative recommendations to the Congress, the executive branch shall construe such provisions in a manner consistent with the President's constitutional authority to submit for congressional consideration such measures as the President judges necessary and expedient. In particular, the executive branch shall construe sections 121 and 223 of the Veterans Affairs, Housing and Urban Development Appropriations Act in a manner consistent with the President's authority under the Recommendations Clause to submit budget requests to the Congress in any form he determines appropriate.

The executive branch shall construe the phrase "developed by the Kimberley Process" in section 584 of the Foreign Operations Appropriations Act as requiring the enforcement only of those standards that are in existence as of enactment of the CAA, for the reasons I stated upon signing the Clean Diamond Trade Act on April 25, 2003.

The executive branch shall construe as calling solely for notification the provisions of the CAA that are inconsistent with the requirements of bicameral passage and presentment set forth by the Constitution, as construed by the Supreme Court of the United States in 1983 in INS v. Chadha. Such provisions include: sections 704, 718, 732, and 786 in the Agriculture Appropriations Act and language relating to Food and Drug Administration fund transfers in that Act; section 436(5) of the District of Columbia Appropriations Act; section 207 of the Labor, Health and Human Services Appropriations Act and language under the Pension Benefit Guaranty Corporation Fund heading in that Act; sections 201, 211, 212, 217, 403, 526, 533, 614, 623, and 643 in the Transportation, Treasury Appropriations Act and language in that Act under the headings "Department of Transportation, Office of the Secretary, Salaries and Expenses," "Department of Transportation, Working Capital Fund," "Federal Transit Administration, Administrative Expenses," "Treasury Building Annex Repair and Restoration," "Internal Revenue Service, Business Systems Modernization," "Federal Drug Control Programs, High Intensity Drug Trafficking Areas Program," "General Services Administration, Real Property Activities, Federal Buildings Fund, Limitations on Availability of Revenue," and "Human Capital Performance Fund;" and section 111 of the Veterans Affairs, Housing and Urban Development Appropriations Act and language in that Act relating to additional amounts for Capital Asset Realignment for Enhanced Services Activities.

Section 409 of the Commerce, Justice, State Appropriations Act purports to compel the Secretary of State to furnish all Department of State cables, on any topic and of whatever classification, to any member of the House or Senate appropria-tions committees who requests them. The executive branch shall construe this provision consistent with the Presidents constitutional authority to withhold information the disclosure of which could impair foreign relations, national security, the deliberative process of the Executive, or the performance of the Executives constitutional duties.

The executive branch shall construe section 646 of the Transportation, Treasury Appropriations Act, relating to assign-ment of executive branch employees to perform functions in the legislative branch, in a manner consistent with the President's constitutional authority to supervise the unitary executive branch and as Commander in Chief, and recognizing that the President cannot be compelled to give up the authority of his office as a condition of receiving the funds necessary to carrying out the duties of his office.

Several provisions of the CAA relate to race, ethnicity, or gender. The executive branch shall construe such provisions in a manner consistent with the requirement to afford equal protection of the laws under the Due Process Clause of the Fifth Amendment to the Constitution.

Sections 153 and 154 of Division H of the CAA purport to establish interparliamentary groups of U.S. Senators to meet with members of the national legislatures of certain foreign countries for a discussion of common problems in the interest of relations between the United States and those countries. Consistent with the President's constitutional authority to conduct the Nation's foreign relations and as Commander in Chief, the executive branch shall construe sections 153 and 154 as authorizing neither representation of the United States nor disclosure of national security information protected by law or executive order.

The executive branch shall construe section 161 of Division H of the CAA as applicable only with respect to statutory functions assigned to the Director of OMB and not to the Director's role of assisting the President in the President's exercise of his constitutional powers of obtaining the opinions of the heads of departments, recommending for the consideration of the Congress such measures as the President judges necessary and expedient, and supervising the unitary executive branch. The executive branch shall not construe section 161 to affect the power of the President to modify or amend the executive order to which the provision refers.

Several provisions in the CAA make specified changes in statements of managers of the House-Senate conference committees that accompanied various bills reported from conference that ultimately became laws. As with other committee materials, statements of managers accompanying a conference report do not have the force of law. Accordingly, although changes to these statements are directed by the terms of the statute, the statements themselves are not legally binding.

GEORGE W. BUSH
THE WHITE HOUSE,
January 23, 2004.

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For Immediate Release
Office of the Press Secretary
February 24, 2004

President's Statement on S. 610, the NASA Flexibility Act of 2004
[2004-02] -- 40 WCPD 278 (March 1, 2004)
 

Today, I have signed into law S. 610, the "NASA Flexibility Act of 2004." The Act strengthens the ability of the National Aeronautics and Space Administration to manage effectively the NASA personnel upon whom the future successes of America's civil space program depend.

Section 3 of the Act enacts new subsections 9802(g), (h), and (i) in title 5 of the United States Code, which purport to require or regulate the submission of certain plans, recommen-dations, and budget requests to the Congress. The executive branch shall construe these subsections in a manner consistent with the President's constitutional authority to supervise the unitary executive branch, to withhold information the disclosure of which could impair the deliberative processes of the Executive, and to recommend for the consideration of the Congress such measures as the President judges necessary and expedient.

GEORGE W. BUSH
THE WHITE HOUSE,
February 24, 2004.

►[This signing statement is also found at:]
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For Immediate Release
Office of the Press Secretary
April 5, 2004

Statement by the President on H.R. 254
Statement by the President
[2004-03] --  40 WCPD 550 (April 12, 2004)

Today, I have signed into law H.R. 254, "To authorize the President of the United States to agree to certain amendments to the Agreement between the Government of the United States of America and the Government of the United Mexican States concerning the establishment of a Border Environment Cooperation Commission and a North American Development Bank, and for other purposes." The Act is intended to implement an agreement between the United States and Mexico to accelerate the delivery of environmental infrastructure projects on the border by improving the operations of the Border Environment Cooperation Commission and the North American Development Bank.

Section 546 of Public Law 103-182, as added by section 1 of the Act, purports to direct the President to instruct United States representatives on the Board of Directors of the North American Development Bank to take a particular position with respect to certain grant proposals. Under the Constitution, the President alone is charged with developing the position of the United States in international fora. The executive branch will accordingly interpret this provision as a nonbinding recommendation from the Congress.

Sections 2(5) and 2(6) of the Act purport to require the annual report of the Secretary of the Treasury to include a description of discussions between the United States and Mexican governments. In order to avoid intrusion into the President's negotiating authority and ability to maintain the confidentiality of diplomatic negotiations, the executive branch will not interpret this provision to require the disclosure of either the contents of diplomatic communications or specific plans for particular negotiations in the future.

GEORGE W. BUSH
THE WHITE HOUSE,
April 5, 2004.

►[This signing statement is also found at:]
[link to document at www.whitehouse.gov]
[plain text at GPO]
[no PDF file available from GPO]

For Immediate Release
Office of the Press Secretary
April 13, 2004

Statement by the President on H.R. 2584
[2004-04] --  40 WCPD 579 (April 19, 2004)
 

Today, I have signed into law H.R. 2584, a bill to provide for the conveyance to the Utrok Atoll local government of a decommissioned National Oceanic and Atmospheric Administration ship, and for other purposes.

Section 101(c) of the bill purports to require the Utrok Atoll local government, in consultation with the Government of the Republic of the Marshall Islands, to submit a plan to four committees of the United States Congress for the use of the ship to be conveyed. The Republic of the Marshall Islands, of which Utrok is a political subdivision, is a self-governing republic with a sovereign right to self-determination whose government has the capacity to conduct foreign affairs. Accordingly, in light of the status of the Republic of the Marshall Islands and the exclusive authority of the President with respect to the conduct of the foreign affairs of the United States, the executive branch shall construe section 101(c) as asking the President to request, rather than as requiring, that the Utrok political subdivision submit a plan for use of the ship to be conveyed. The Secretary of State, after consul-tation with the Secretary of Commerce, shall communicate on my behalf as appropriate with the Government of the Republic of the Marshall Islands to effectuate to the extent permissible the purposes of section 101.

GEORGE W. BUSH
THE WHITE HOUSE,
April 13, 2004.

►[This signing statement is also found at:]
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For Immediate Release
Office of the Press Secretary
June 14, 2004

Statement by the President on S. 2092, an Act concerning participation of Taiwan in the WHO
[2004-05] --  40 WCPD 1070 (June 21, 2004)
 

Today, I have signed into law S. 2092, an Act concerning participation of Taiwan in the World Health Organization. The United States fully supports the participation of Taiwan in the work of the World Health Organization, including observer status. The United States has expressed publicly its firm support for Taiwan's observer status and will continue to do so. Consistent with the President's constitutional authority to conduct the Nation's foreign affairs, the Executive shall construe the Act to be consistent with the "one China" policy of the United States, which remains unchanged, and determine the measures best suited to advance the overall goal of Taiwan participation in the World Health Organization. The executive branch also shall construe the reporting requirement in section 1(c) of the Act 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. As a matter of comity, the Secretary of State will continue to keep the Congress appropriately informed of the matters addressed by the reporting requirement.

GEORGE W. BUSH
THE WHITE HOUSE,
June 14, 2004.

►[This signing statement is also found at:]
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For Immediate Release
Office of the Press Secretary
July 2, 2004

Statement on H.R. 4322
[2004-06] --  40 WCPD 1194 (July 5, 2004)
 

Today I have signed into law H.R. 4322, "An Act to provide for the transfer of the Nebraska Avenue Naval Complex in the District of Columbia to facilitate the establishment of the headquarters for the Department of Homeland Security, to provide for the acquisition by the Department of the Navy of suitable replacement facilities, and for other purposes." This legislation will allow the Department of Homeland Security (DHS) to consolidate headquarters staff at the Complex for the fore-seeable future.

The executive branch shall construe section 1(g)(3) of the Act, which purports to make consultation with specified Members of Congress a precondition to execution of the law, as calling for, but not mandating, such consultation. Construing the provision as a mandate to consult would be inconsistent with constitutional provisions concerning the separate powers of the Congress to legislate and the President to execute the laws.

GEORGE W. BUSH
THE WHITE HOUSE,
July 2, 2004.

►[This signing statement is also found at:]
[link to document at www.whitehouse.gov]
[plain text at GPO]
[no PDF file available from GPO]
 

For Immediate Release
Office of the Press Secretary
August 5, 2004

President's Statement on Signing the Department of Defense Appropriations Act, 2005
[2004-07] --  40 WCPD 1413 (August 16, 2004)
 

Today I have signed into law H.R. 4613, the "Department of Defense Appropriations Act, 2005." The bill provides funds to pursue the war on terror, advance other United States interests around the globe, and support our Armed Forces.

Sections 8007, 8011, and 8106 of the Act prohibit the use of funds to initiate a special access program, a new overseas installation, 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, 8011, and 8106 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 sections 8007, 8011, and 8106 in a manner consistent with the constitutional authority of the President.

Section 8064 of the Act provides that, notwithstanding any other provision of law, no funds available to the Department of Defense for FY 2005 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 6 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 8064 sooner than 15 days after notification, the executive branch shall construe section 8064 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), 8036, 8041(b), 8110, and 8116 purport to specify the content of a portion of a future budget request to the Congress for the Department. 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 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 principles enunciated by the Supreme Court of the United States in INS v. Chadha.

A proviso within the appropriation for "Operation and Maintenance, Air Force" earmarks funds for a grant to a college for the purpose of funding minority aviation training, a proviso within the appropriation for "Operation and Maintenance, Defense-Wide" earmarks funds for a program for Asian American/Pacific Islander students, and sections 8014 and 8021 of the Act grant contracting-related exceptions or preferences to Native Hawaiian organizations. The executive branch shall implement the provisos and sections 8014 and 8021 in a manner consistent with the requirement to afford equal protection of the laws under the Due Process Clause of the Fifth Amendment to the Constitution.

The executive branch shall construe section 8101 of the Act, which purports to prohibit alteration of command responsibility or permanent assignment of forces until 270 days after submission of a plan for such alteration to the congressional defense committees, as advisory, as any other construction would be inconsistent with the constitutional grant to the President of the authority of Commander in Chief. Also, the executive branch shall construe section 8124, 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. Finally, the Executive Branch shall construe section 12001, which purports to assign the Secretary of Defense the duty to negotiate with a foreign country, in a manner consistent with the President's constitu-tional authority to conduct the Nation's foreign affairs, which includes the authority to determine who shall negotiate for the United States under the President's direction with a foreign country.

GEORGE W. BUSH
THE WHITE HOUSE,
August 5, 2004.

►[This signing statement is also found at:]
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[plain text at GPO]
[no PDF file available from GPO]

For Immediate Release
Office of the Press Secretary
August 9, 2004

President's Statement on H.R. 2443, the Coast Guard and Maritime Transportation Act of 2004
[2004-08] --  40 WCPD 1518 (August 16, 2004)
 

Today I have signed into law H.R. 2443, the "Coast Guard and Maritime Transportation Act of 2004." The Act authorizes appropriations for the United States Coast Guard, facilitates navigation and shipping, and strengthens the security of maritime transportation.

To the extent that provisions of the Act, including sections 217, 708(c)(2), and 803(c)(11), call for submission of legislative recommendations to 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 the consideration of the Congress such measures as the President shall judge necessary and expedient. Accordingly, the affected departments and agencies shall ensure that any reports or recommendations submitted to the Congress are subjected to appropriate executive branch review and approval before submission.

To ensure consistency with the Appointments Clause of the Constitution, the executive branch shall construe the phrase "if acceptable to the President and the Senate" as used in section 220 of the Act to require nomination by the President and the advise and consent of the Senate for the appointments addressed by that section.

GEORGE W. BUSH
THE WHITE HOUSE,
August 9, 2004.

►[This signing statement is also found at:]
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[PDF from GPO]

For Immediate Release
Office of the Press Secretary
October 14, 2004

President's Statement on H.R. 4837, "Military Construction Appropriations and Emergency Hurricane Supplemental Appropriations Act, 2005"
[2004-09] --  40 WCPD 2385 (October 18, 2004)
 

Today, I have signed into law H.R. 4837, the "Military Construction Appropriations and Emergency Hurricane Supplemental Appropriations Act, 2005." This Act provides funding for con-struction to support the operations of the U.S. Armed Forces and for military family housing. The Act also provides the funds I requested to help citizens in Florida and elsewhere rebuild their lives in the aftermath of multiple hurricanes and other natural disasters.

Sections 107, 110, 113, 118, and 303 of the Act provide for notice to the Congress of relocation of activities between military installations, initiation of a new installation abroad, U.S. military exercises involving $100,000 in construction costs, specific actions to encourage foreign nations to assume a greater share of the common defense burden, and initiation of certain types of programs. The Supreme Court of the United States has stated that the President's authority to classify and control access to information bearing on national security flows from the Constitution and does not depend upon a legislative grant of authority. Although notice 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 while protecting sensitive national security information. The executive branch shall construe these sections in a manner consistent with the constitutional authority of the President.

Section 128 of the Act purports to require Department of Defense officials to respond in writing within 21 days to any question or inquiry from the congressional military construction appropriations subcommittees. The executive branch shall construe section 128 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, the national security, the deliberative processes of the Executive, or the performance of the Executive's constitutional duties.

The executive branch shall construe section 110(d)(2) of the Alaska Natural Gas Pipeline Act as contained in Division C of the Act, relating to submission of legislative recommendations, in a manner consistent with the President's exclusive constitutional authority to recommend for the consideration of the Congress such measures as the President judges necessary and expedient.

GEORGE W. BUSH
THE WHITE HOUSE,
October 13, 2004.

►[This signing statement is also found at:]
[link to document at www.whitehouse.gov]
[plain text at GPO]
[PDF from GPO]
 

For Immediate Release
Office of the Press Secretary
October 18, 2004

Statement on H.R. 4850, the District of Columbia Appropriations Act, 2005
[2004-10] --  40 WCPD 2454 (October 25, 2004)
 

Today, I have signed into law H.R. 4850, the "District of Columbia Appropriations Act, 2005." The bill appropriates funds for the Government of the District of Columbia and other activities chargeable against the revenues of the District.

The provision of the Act relating to the Federal payment to the office of the District's Chief Financial Officer makes funds available for the projects and in the amounts specified in the statement of managers accompanying the conference report on the Act. While the specifications of projects and amounts in the statement of managers cannot satisfy the constitutional require-ments of bicameral approval and presentment to the President needed to give them the force of law, the executive branch shall treat the specifications in a manner reflecting the comity between the executive and legislative branches on such matters.

Section 309 of the Act purports to require the use of particular revenue estimates in the budget request for fiscal year 2006. The executive branch shall construe section 309 in a manner consistent with the President's constitutional authority to recommend for congressional consideration such measures, including requests for appropriations, as he judges necessary and expedient.

Section 331(5) of the Act purports to require congressional committee approval prior to obligation or expenditure of appro-priated funds. The executive branch shall construe this provision to require only prior notification to the congressional committees, as any other construction would be contrary to the constitutional principles set forth by the Supreme Court of the United States in 1983 in INS v. Chadha.

GEORGE W. BUSH
THE WHITE HOUSE,
October 18, 2004.

►[This signing statement is also found at:]
[link to document at www.whitehouse.gov]
[plain text at GPO]
[PDF from GPO]
 

For Immediate Release
Office of the Press Secretary
October 18, 2004

Statement on H.R. 4011, the "North Korean Human Rights Act of 2004"
[2004-11] --  40 WCPD 2453 (October 25, 2004)
 

Today, I have signed into law H.R. 4011, the "North Korean Human Rights Act of 2004." The Act is intended to help promote human rights and freedom in the Democratic People's Republic of Korea.

Section 107 of the Act purports to direct negotiations with foreign governments and international organizations. The executive branch shall implement section 107 in a manner consistent with the Constitution's grant to the President of the authority to conduct the foreign affairs of the United States.

GEORGE W. BUSH
THE WHITE HOUSE,
October 18, 2004.

►[This signing statement is also found at:]
[link to document at www.whitehouse.gov]
[plain text at GPO]
[PDF from GPO]

For Immediate Release
Office of the Press Secretary
October 18, 2004

Statement on H.R. 4567, the Department of Homeland Security Appropriations Act, 2005
[2004-12] --  40 WCPD 2453 (October 25, 2004)
 

Today, I have signed into law H.R. 4567, the "Department of Homeland Security Appropriations Act, 2005." The Act provides funds to protect the United States against terrorism and to carry out other departmental functions.

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. Such provisions include the purported approval requirements in the appropriations for expenses for the development of the United States Visitor and Immigrant Status Indicator Technology project; customs and border protection automated systems; immigration and customs enforcement automated systems; operations, maintenance, and procurement of marine vessels, aircraft, and other related equipment of the air and marine program; United States Secret Service protective travel; and in sections 504 relating to unobligated balances, 508 relating to training facilities, and 510 relating to prospectuses.

Under the heading "Customs and Border Protection," the Act purports to require the Bureau of Customs and Border Protection to relocate its tactical checkpoints in the Tucson, Arizona, sector at least an average of once every 14 days. Decisions on deployment and redeployment of law enforcement officers in the execution of the laws are a part of the executive power vested in the President by Article II of the Constitution. Accordingly, the executive branch shall construe the relocation provision as advisory rather than mandatory.

The executive branch shall construe the provision relating to the Coast Guard under the heading "Acquisition, Construction, and Improvements" that purports to require inclusion of an amount for a particular purpose in the President's proposed budget for fiscal year 2006, in a manner consistent with the President's exclusive authority under the Constitution to recommend for the consideration of the Congress such measures, including proposals for appropriations, as the President judges necessary and expedient.

To the extent that provisions of the Act, including section 514, call for submission of legislative recommendations to 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 the consideration of the Congress such measures as the President shall judge necessary and expedient. Accordingly, the affected departments and agencies shall ensure that any reports or recommendations submitted to the Congress are subjected to appropriate executive branch review.

Section 518 of the Act purports to direct the conduct of security and suitability investigations. To the extent that section 518 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 522 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.

As is consistent with the text of the Act, the executive branch shall construe section 528 as relating to the integrity and supervision of the United States Secret Service only within the Department of Homeland Security. The executive branch therefore shall construe section 528 neither to affect the functions and supervision of personnel of the Secret Service assigned or detailed to duty outside the Department of Homeland Security nor to limit participation by the Secret Service in cooperative command and other arrangements with other governmental entities for the conduct of particular operations.

GEORGE W. BUSH
THE WHITE HOUSE,
October 18, 2004.
 

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For Immediate Release
Office of the Press secretary
October 20, 2004

At a time when freedom is advancing around the world, Aleksandr Lukashenka and his Government are turning Belarus into a regime of repression in the heart of Europe, its Government isolated from its neighbors and its people isolated from each other. We will work with our allies and partners to assist those seeking to return Belarus to its rightful place among the Euro-Atlantic community of democracies. There is no place in a Europe whole and free for a regime of this kind.

On October 17, Mr. Lukashenka claimed victory for referendum results that swept away constitutional limits on his term in office. The referendum campaign and concurrent Parliamentary elections were conducted in a climate of abuse and fear. OSCE and other observers have determined that this victory was achieved by fraudulent means.

These actions are the latest in a series of measures designed to stifle independent voices within Belarus. Since 2001, Belarusian authorities have systematically repressed independent media, trade unions, civic organizations, and religious congregations. The Lukashenka regime has repeatedly responded to the peaceful expression of opposition with beatings, arrests and, in a number of cases, the disappearance of opposition leaders.

The Belarus Democracy Act will help us support those within Belarus who are working toward democracy. We welcome this legislation as a means
to bolster friends of freedom and to nurture the growth of democratic values, habits, and institutions within Belarus. The fate of Belarus will rest not with a dictator, but with the students, trade unionists, civic and religious leaders, journalists, and all citizens of Belarus claiming freedom for their nation.

Note [supplied by the GPO]: H.R. 854, approved October 20, was assigned Public Law No. 108-347.

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[ED'S NOTE: THERE APPEAR TO HAVE BEEN TWO SIGNING STATEMENTS
FOR THE
RONALD REAGAN NATIONAL DEFENSE AUTHORIZATION ACT OF 2005]

For Immediate Release
Office of the Press Secretary
October 29, 2004

President's Statement on the Ronald Reagan National Defense Authorization Act, 2005
[2004-14a] --  40 WCPD 2673 (November 1, 2004)
 

Today, I have signed into law H.R. 4200, the "Ronald W. Reagan National Defense Authorization Act for Fiscal Year 2005." The Act authorizes funding for defense of the United States and its interests abroad, for military construction, and for national security-related energy programs.

Section 326 of the Act, amending sections 3551, 3552, and 3553 of title 31, United States Code, purports to require an executive branch official to file with the Comptroller General a protest of a proposed contract for private sector performance of agency functions previously performed at higher cost by Federal employees, whenever a majority of those Federal employees so requests, unless the official determines, free from any adminis-trative review, that no reasonable basis exists for the protest. The executive branch shall construe section 326 in a manner consistent with the President's constitutional authority to supervise the unitary executive branch, including the making of determinations under section 326.

Section 574 of the Act amends sections 3037, 5046, 5148, and 8037 of title 10, United States Code, to prohibit Department of Defense personnel from interfering with the ability of a military department judge advocate general, and the staff judge advocate to the Commandant of the Marine Corps, to give independent legal advice to the head of a military department or chief of a military service or with the ability of judge advocates assigned to military units to give independent legal advice to unit commanders. The executive branch shall construe section 574 in a manner consistent with: (1) the President's constitutional authorities to take care that the laws be faithfully executed, to supervise the unitary executive branch, and as Commander in Chief; (2) the statutory grant to the Secretary of Defense of authority, direction, and control over the Department of Defense (10 U.S.C. 113(b)); (3) the exercise of statutory authority by the Attorney General (28 U.S.C. 512 and 513) and the general counsel of the Department of Defense as its chief legal officer (10 U.S.C. 140) to render legal opinions that bind all civilian and military attorneys within the Department of Defense; and (4) the exercise of authority under the statutes (10 U.S.C. 3019, 5019, and 8019) by which the heads of the military departments may prescribe the functions of their respective general counsels.

The executive branch shall construe section 1021, purporting to place restrictions on the use of the U.S. Armed Forces in certain operations, and sections 1092 and 1205, relating to captured personnel and to contractor support personnel, in a manner consistent with the President's constitutional authority as Commander in Chief and to supervise the unitary executive branch.

Section 1203 of the Act creates a Special Inspector General for Iraq Reconstruction, under the joint authority of the Secretaries of State and Defense, as a successor to the Inspector General of the Coalition Provisional Authority under title III of Public Law 108-106. Title III as amended by section 1203 shall be construed in a manner consistent with the President's constitutional authorities to conduct the Nation's foreign affairs, to supervise the unitary executive branch, and as Commander in Chief of the Armed Forces. The Special Inspector General shall refrain from initiating, carrying out, or completing an audit or investigation, or from issuing a subpoena, which requires access to sensitive operation plans, intelligence matters, counter-intelligence matters, ongoing criminal investigations by administrative units of the Department of Defense related to national security, or other matters the disclosure of which would constitute a serious threat to national security. The Secretary of State and the Secretary of Defense jointly may make exceptions to the foregoing direction in the public interest.

The executive branch shall construe as advisory section 1207(b)(1) of the Act, which purports to direct an executive branch official to use the U.S. voice and vote in an international organization to achieve specified foreign policy objectives, as any other construction would impermissibly interfere with the President's constitutional authorities to conduct the Nation's foreign affairs and supervise the unitary executive branch. The executive branch also shall construe the phrase "generally recognized principles of international law" in sections 1402(c) and 1406(b) to refer to customary international law as determined by the President for the Nation, as is consistent with the President's constitutional authority to conduct the Nation's foreign affairs.

The executive branch shall construe section 3147 of the Act, relating to availability of certain funds if the Government decides to settle certain lawsuits, in a manner consistent with the Constitution's commitment to the President of the executive power and the authority to take care that the laws be faithfully executed, including through litigation and decisions whether to settle litigation.

Several provisions of the Act, including sections 315, 343(2) amending section 391 of Public Law 105-85, 506(b), 517(c), 571(b), 574(d)(8), 576(c), 577(c), 643(c) and (e), 651(g)(2), 666(c), 841(c), 3114(d)(2), and 3142(c) call for executive branch officials to submit to the Congress proposals 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 1511(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 112(b)(6), 213(c), 513(e)(1), 912(d), 1021(f), 1022(b), 1042, 1047, 1202, 1204, 1207(c) and (d)(2), 1208, 1214, and 3166(a) amending section 3624 in Public Law 106-398, call for the executive branch to furnish information to the Congress, a legislative agent, or other entities 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 3161 expands the categories of atomic weapons industry employees who may receive direct compensation from the United States for their work-related illnesses. As a result, some claimants from the private sector who have occupationally caused asbestos-related diseases may be able to receive direct Federal compensation under the Energy Employees Occupational Illness Compensation Act Program. As a general matter, Federal taxpayers should bear no additional burdens arising from the tort liabilities of private sector defendants, including contractors of the United States. The limited extension of Federal responsibility here is unique because it is solely a replacement for no-fault workers' compensation payments not otherwise available, in the unique situation in which the Federal Government may have encouraged its contractors to resist workers' compensation claims brought by atomic weapons industry employees with occupational illnesses.

GEORGE W. BUSH
THE WHITE HOUSE,
October 28, 2004.

►[This signing statement is also found at:]
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[PDF from GPO], also
[link to document at the GPO]
 

Statement on Signing the Ronald W. Reagan National Defense Authorization Act for Fiscal Year 2005
October 29, 2004
[2004-14b] - 40 WCPD 2695 (November 8, 2004)

Protecting the American people is my most solemn responsibility, and a superior U.S. military is essential to that effort and to fighting and winning the global war on terrorism. The Defense Authorization Act of 2005 will continue to strengthen our security and ensure that our troops are the best paid, best trained, and best equipped fighting force in the world.

We have increased military pay by over 20 percent since I came into office, and this legislation includes the fourth consecutive pay raise for our service men and women. It funds more protective equipment like body armor and reinforced Humvees to keep our troops as safe as possible.

This bill also continues the transformation of our military and funds the technology and advanced weapons systems we need. And it keeps our commitment to our troops, military retirees, reservists, and their families by ensuring they get the health, housing, and other benefits that they deserve. This bill will help us continue to strengthen our all-volunteer military.

Note [from GPO]: H.R. 4200, approved October 28, was assigned Public Law No. 108-375. This item was not received in time for publication in the
appropriate issue.

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For Immediate Release
Office of the Press Secretary
December 1, 2004

President's Statement on H.R. 3936
December 1, 2004
STATEMENT BY THE PRESIDENT
[2004-15] --  40 WCPD 2886 (December 6, 2004)
 

Today, I have signed into law H.R. 3936, the "Veterans Health Programs Improvement Act of 2004." The Act is designed to strengthen the management and administration of health care facilities and programs for our Nation's veterans.

Section 414(e)(4)(D) of the Act requires the Secretary of Veterans Affairs (Secretary) to include, in a written notice of a mission change for any of several departmental medical facilities, an analysis of any alternatives to the mission change proposed by the Department of Veterans Affairs. The executive branch shall construe this provision 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 the deliberative processes of the Executive or the performance of the Executive's constitutional duties.

Section 501(c) of the Act purports to require the Secretary to submit to the Congress recommendations for changes in law in certain circumstances. The executive branch shall implement this provision 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.

GEORGE W. BUSH
THE WHITE HOUSE,
November 30, 2004.

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For Immediate Release
Office of the Press Secretary
December 3, 2004

President's Statement on H.R. 1350
[2004-16] --  40 WCPD 2898 (December 6, 2004)
 

Today, I have signed into law H.R. 1350, the "Individuals with Disabilities Education Improvement Act of 2004." The Act strengthens the ability of the Federal Government to assist States in the education of children with disabilities.

The executive branch shall construe provisions of the Act that require taking account of race, culture, gender, age, region, socioeconomics, ideology, secularity, and partisan politics, including sections 612, 616, 618, 637, 663, 664, and 681 of the Individuals with Disabilities Education Act, as enacted by section 101 of the Act, and section 177(b)(3) of the Education Sciences Reform Act of 2002, as enacted by section 201(a)(2) of the Act, in a manner consistent with the First Amendment and the requirement of the Due Process Clause of the Fifth Amendment to the Constitution to afford equal protection of the laws.

The executive branch shall construe section 615(e)(2)(G) of the Individuals with Disabilities Education Act, as enacted by section 101 of the Act, as establishing a duty for a State to follow the specified statutory exclusionary rule only when that duty is a condition of a Federal grant or contract accepted by or under the authority of that State, as is consistent with the principles governing Federal-State relations enunciated by the Supreme Court of the United States in Printz v. United States.

GEORGE W. BUSH
THE WHITE HOUSE,
December 3, 2004.

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Statement on Signing the Miscellaneous Trade and Technical Corrections Act of 2004
December 3, 2004
[2004-17] --  40 WCPD 2912 (December 13, 2004)

Today, I have signed into law H.R. 1047, the ``Miscellaneous Trade and Technical Corrections Act of 2004.'' The Act modifies temporarily
certain rates of duty under the Harmonized Tariff Schedule of the United States and makes other amendments to U.S. trade laws. The executive branch shall construe section 1560(b) of the Act, relating to interaction between the Bureau of Customs and Border Protection of the Department of Homeland Security and the Government of Canada, in a manner consistent with the President's constitutional authority to conduct the Nation's foreign affairs and to supervise the unitary executive branch.

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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.

Note [supplied by the GPO]: H.R. 4939, approved June 15, was assigned Public Law No. 109-234.

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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.

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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.

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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.

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  For Immediate Release
Office of the Press Secretary
September 29, 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.

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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.

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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:]
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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.
 

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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:]
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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.

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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:]
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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:]
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[PDF from GPO]
 

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:]
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[plain text at the GPO]
[PDF from GPO]

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:]
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[plain text at the GPO]
[PDF from 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:]
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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.

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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.

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[PDF from GPO]

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.

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[plain text at the GPO]
[PDF from GPO]

For Immediate Release
Office of the Press Secretary
January 12, 2007
 

President Bush Signs the Magnuson-Stevens Fishery Conservation and Management Reauthorization Act of 2006
[2007-01] --  43 WCPD 31 (January 15, 2007)

Today I have signed into law H.R. 5946, the "Magnuson-Stevens Fishery Conservation and Management Reauthorization Act of 2006." The Act sets a firm deadline to end overfishing in America; contributes to replenishing America's fish stocks; strengthens enforcement of America's fishing laws; and implements inter-national agreements on fishery management and the protection of polar bears.

The executive branch shall construe provisions of the Act that purport to direct or burden the conduct of negotiations by the executive branch with foreign governments or international organizations 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 with a foreign country, when, in consultation with whom, and toward what objectives, and to supervise the unitary executive branch. Such provisions include subsections 609(c) and 610(b) of the High Seas Driftnet Fishing Moratorium Protection Act, as enacted by section 403 of the Act; section 408 of the Act; and section 505 of the Marine Mammal Protection Act of 1972, as enacted by section 902 of the Act.

Subsection 505(a) of the Marine Mammal Protection Act of 1972, as enacted by section 902 of the Act, purports to condition the authority granted to the President to make appointments upon prior consideration of recommendations from particular sources and purports 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. Also, provisions of the Act, such as section 303A(c)(6)(D)(i) of the Magnuson-Stevens Fishery

Conservation and Management Act, as enacted by section 106 of the Act, purport to give significant governmental authority of the United States to individuals who are not appointed in accordance with the Appointments Clause of the Constitution. The executive branch shall construe these provisions in a manner consistent with the Appointments Clause.

The executive branch shall construe section 510 of the Act, relating to notifications regarding certain entry and transit of specified portions of the United States Exclusive Economic Zone, in a manner consistent, to the maximum extent permissible, with treaties to which the United States is a party and other international obligations of the United States.

GEORGE W. BUSH
THE WHITE HOUSE,
January 12, 2007.

►[This signing statement is also found at:]
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For Immediate Release
Office of the Press Secretary
August 3, 2007

President Bush Signs "Implementing Recommendations of the 9/11" into Law
[2007-02] --  43 WCPD 1040  (August 6, 2007)

Today, I signed into law the "Implementing Recommendations of the 9/11 Commission Act of 2007." This legislation builds upon the considerable progress we have made in strengthening our defenses and protecting Americans since the attacks of September 11, 2001. In the largest restructuring of our government since World War II, we created the Department of Homeland Security to better coordinate the protection and response capabilities of our government. The Director of National Intelligence leads a restructured intelligence community that is better able to uncover, understand, and counter threats from terrorists. To implement the recommendations of the 9/11 Commission, I have issued numerous Executive Orders, Presidential Directives, and National Strategies. I have also signed into law the Intelligence Reform and Terrorism Prevention Act of 2004, the PATRIOT Act, and other important pieces of legislation.

For Immediate Release
Office of the Press Secretary
August 9, 2007

President Bush on Signing America COMPETES Act
[2007-03] --  43 WCPD 1066 (August 13, 2007)

Today I signed into law H.R. 2272, the "America Creating Opportunities to Meaningfully Promote Excellence in Technology, Education, and Science Act." This legislation shares many of the goals of my American Competitiveness Initiative (ACI). ACI is one of my most important domestic priorities because it provides a comprehensive strategy to help keep America the most innovative Nation in the world by strengthening our scientific education and research, improving our technological enterprise, and providing 21st century job training.

Since I announced ACI in January 2006, Congress has risen to the competitiveness challenge in a bipartisan way. House and Senate appropriators started the funding for ACI basic research programs in fiscal year 2007, and so far in this year's appropriations process they are fully funding my fiscal year 2008 budget request for the National Science Foundation, the Office of Science in the Department of Energy, and the National Institute of Standards and Technology at the Department of Commerce.

This bipartisan spirit of cooperation continues with the legislation I signed. This legislation supports our efforts to double funding for basic research in the physical sciences. And the bill authorizes most of the education programs I called for in ACI, including the Math Now proposal that improves instruction in mathematics and the Advanced Placement program that increases the number of teachers and students participating in AP and International Baccalaureate classes.

I am, however, disappointed that Congress failed to authorize my Adjunct Teacher Corps program to encourage math and science professionals to teach in our schools. I am also disappointed that the legislation includes excessive authorizations and expansion of government. In total, the bill creates over 30 new programs that are mostly duplicative or counterproductive -- including a new Department of Energy agency to fund late-stage technology development more appropriately left to the private sector -- and also provides excessive authorizations for existing programs. These new programs, additional requirements and reports, and excessive authorizations will divert resources and focus from priority activities aimed at strengthening the basic research that has given our Nation such a competitive advantage in the world economy. Accordingly, I will request funding in my 2009 Budget for those authorizations that support the focused priorities of the ACI, but will not propose excessive or duplicative funding based on authorizations in this bill.

While this legislation includes many unnecessary and misguided programs, in many important ways it heeds my call to action of nearly two years ago to take steps to ensure the ongoing competitiveness of our Nation. Congress, however, still has more work to do to improve our Nation's competitiveness. In addition to giving priority to full ACI funding in this year's appropriations bills, I call on Congress to complete work on the remaining components of ACI, including modernizing and making permanent the research and development tax credit, authorizing the Adjunct Teacher Corps program, and increasing our ability to attract and retain the best and brightest high-skilled workers from around the world.

I thank Members of both parties in Congress who worked on this legislation, and I appreciate the willingness of Members to remove or otherwise address several of the Administration's serious concerns associated with this legislation. I will continue to work with the Congress to ensure that we keep America competitive through appropriate and strong support for science and technology.

# # #

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