Presidential Signing Statements

• Text of the same signing statement from the Weekly Compilation of Presidential Documents published by the Government Printing Office (GPO)
  (click links to see text)
  
  1. plain text at the GPO - 38 WCPD 46 (1/14/02)
  
  2. PDF file from GPO - 38 WCPD 46 (1/14/02)
  

The law to which this signing statement applies is:

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" -- Public Law 107-117 -- 115 STAT 2230

To read the law, select one of the links below:

1. Plain text at the GPO's Public and Private Laws

2. PDF file from the GPO's Public and Private Laws

 

1. Statement of Administration Policy, H.R. 3338 - Department of Defense Appropriations Bill, FY 2002 - Senate (December 6, 2001) (source: White House website HTML document converted to PDF)

2. Statement of Administration Policy, H.R. 3338 - Department of Defense Appropriations Bill, FY 2002 - House (November 28, 2001) (source: White House website HTML document converted to PDF)

 

GAO-06-1092T - Testimony Before the Subcommittee on National Security, Emerging Threats, and International Relations, Committee on Government Reform, House of Representatives: September 11 - HHS Has Screened Additional Federal Responders for World Trade Center Health Effects, but Plans for Awarding Funds for Treatment Are Incomplete (Statement of Cynthia A. Bascetta, Director, Health Care) (September 8, 2006) (source: GAO website)

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

President Signs Foreign Operations Appropriations Act
Statement by the President
 

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.

• Text of the same signing statement from the Weekly Compilation of Presidential Documents published by the Government Printing Office (GPO)
  (click links to see text)
  
  1. plain text at the GPO - 38 WCPD 49 (1/14/02)
  
  2. PDF file from GPO - 38 WCPD 49 (1/14/02)
  

The law to which this signing statement applies is:

H.R. 2506, the "Foreign Operations, Export Financing, and Related Programs Appropriations Act, 2002" -- Public Law 107-115 -- 115 STAT 2118

To read the law, select one of the links below:

1. Plain text at the GPO's Public and Private Laws

2. PDF file from the GPO's Public and Private Laws

1. Executive Order 13346 of July 8, 2004, Delegation of Certain Waiver, Determination, Certification, Recommendation, and Reporting Functions: 69 Fed. Reg. 41905 (July 13, 2004) (contains reference to the "unitary executive").

2. Presidential Determination No. 2005-18 of January 13, 2005, Extension of Waiver of Section 907 of the FREEDOM Support Act with respect to Assistance to the Government of Azerbaijan Memorandum for the Secretary of State: 70 Fed. Reg. 3853 (January 27, 2005)

3. Presidential Determination No. 2004-18 of December 30, 2003, Extension of Waiver of Section 907 of the FREEDOM Support Act with respect to Assistance to the Government of Azerbaijan, Memorandum for the Secretary of State: 69 Fed. Reg 2057 (January 14, 2004).

4. Presidential Determination No. 2004-11 of December 8, 2003, Determination Consistent with Section 620(q) of the Foreign Assistance Act of 1961, as amended, and Section 512 of the FY 2002 and 2003 Foreign Operations, Export Financing, and Related Programs Appropriations Acts, Memorandum for the Secretary of State[,] the Secretary of the Treasury[,] the Secretary of Defense[, and] the Administrator, U.S. Agency for International Development: 68 Fed. Reg. 74457 (December 23, 2003)

5. Statement of Administration Policy, H.R. 2506 - Foreign Operations, Export Financing, and Related Programs Appropriations Bill - Senate (October 3, 2001) (source: White House web site HTML document converted to PDF)

6. Presidential Determination No. 2003-12 of January 17, 2003, Presidential Determination on Extending Waiver of Section 907 of the FREEDOM Support Act with Respect to Assistance to the Government of Azerbaijan, Memorandum for the Secretary of State: 68 Fed. Reg. 3803 (January 27, 2003)

7. Presidential Determination No. 03-03 of October 16, 2002, Waiver and Certification of Statutory Provisions Regarding the Palestine Liberation Organization, Memorandum for the Secretary of State: 67 Fed. Reg. 65471 (October 25, 2002)

8. Presidential Determination No. 2002–28, Presidential Determination on Military Drawdown for Tunisia Memorandum for the Secretary of State [and] the Secretary of Defense, August 14, 2002: 67 Fed. Reg. 54325 (August 22, 2002)

9. Presidential Determination No. 02-18 of April 27, 2001, Determination to (1) Waive Section 512 of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 2002 (Public Law 107-115) and Section 620(q) of the Foreign Assistance Act of 1961, as amended to Provide Assistance to Afghanistan and (2) Authorize a Drawdown Under Section 506(a)(1) of the Foreign Assistance Act of 1961, as Amended, to Provide Emergency Military Assistance to Afghanistan, Memorandum for the Secretary of State [and] the Secretary of Defense: 67 Fed. Reg. 31713 (May 10, 2002)

10. Presidential Determination No. 02-17 of April 24, 2002, Military Drawdown for Georgia, Memorandum for the Secretary of State [and] the Secretary of Defense: 67 Fed. Reg. 31711 (May 10, 2002)

11. Presidential Determination No. 2002-14 of April 16, 2002, Waiver and Certification of Statutory Provisions Regarding the Palestine Liberation Organization, Memorandum for the Secretary of State: 67 Fed. Reg. 20427 (April 25, 2002)

12. Presidential Determination No. 2002-12 of April 1, 2002, U.S. Contribution to the Korean Peninsula Energy Development Organization (KEDO): Determination Regarding Funds Under the Heading ``Nonproliferation, Anti-terrorism, Demining and Related Programs'' in Title II of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 2002 (Public Law 107-115), Memorandum for the Secretary of State: 67 Fed. Reg. 18461 (April 16, 2002)

13. Presidential Determination No. 2002-07 of February 23, 2002, President's Report to Congress on Major Drug Transit or Major Illicit Drug Producing Countries under the FY 2002 Modification to the Annual Drug Certification Procedures, Memorandum for the Secretary of State: 67 Fed. Reg. 9889 (March 5, 2002)

14. Presidential Determination No. 2002-06 of January 25, 2002, Waiver of Section 907 of the FREEDOM Support Act With Respect to Assistance to the Government of Azerbaijan, Memorandum for the Secretary of State: 69 Fed. Reg. 5921 (February 8, 2002)

15. Statement of Administration Policy, H.R. 2506 - Foreign Operations, Export Financing, and Related Programs Appropriations Bill - House Rules (July 18, 2001) (source: White House web site HTML document converted to PDF)

 

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

President Signs Labor, Health & Human Services, Education Appropriations
Statement by the President
 

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.

• Text of the same signing statement from the Weekly Compilation of Presidential Documents published by the Government Printing Office (GPO)
  (click links to see text)
  
  1. plain text at the GPO - 38 WCPD 50 (1/14/02)
  
  2. PDF file from GPO - 38 WCPD 50 (1/14/02)
  

The law to which this signing statement applies is:

H.R. 3061, the "Departments of Labor, Health and Human Services, Education, and Related Agencies Appropriations Act, 2002" -- Public Law 107-116 -- 115 STAT 2177

To read the law, select one of the links below:

1. Plain text at the GPO's Public and Private Laws

2. PDF file from the GPO's Public and Private Laws

Statement of Administration Policy, H.R. 3061 - Departments of Labor, Health and Human Services, Education, and Related Agencies Appropriations Bill, FY 2002 (October 11, 2001) (source: White House website HTML document converted to PDF)

 

GAO Decision B-304716, Department of Health and Human Services--Contract with Maggie Gallagher  (September 30, 2005) (source: GAO web site)

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

President Signs Investor & Capital Markets Fee Relief Act
Statement by the President

"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."

Text of the same signing statement from the Weekly Compilation of Presidential Documents published by the Government Printing Office (GPO) (click links to see text)

1. plain text at the GPO - 38 WCPD 77 (1/21/02)

2. PDF file from GPO - 38 WCPD 77 (1/21/02)

The law to which this signing statement applies is:

H.R. 1088, the Investor and Capital Markets Fee Relief Act -- Public Law 107-123 -- 115 STAT 2390

To read the law, select one of the links below:

1. Plain text at the GPO's Public and Private Laws

2. PDF file from the GPO's Public and Private Laws

Statement of Administration Policy, H.R. 1088 - Investor and Capital Markets Fee Relief Act (June 14, 2001) (source: White House website HTML document converted to PDF)

 

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

President Signs Campaign Finance Reform Act
Statement by the President
 

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.

• Text of the same signing statement from the Weekly Compilation of Presidential Documents published by the Government Printing Office (GPO)
  (click links to see text)
  
  1. plain text at the GPO - 38 WCPD 517 (4/1/02)
  
  2. PDF file from GPO - 38 WCPD 517 (4/1/02)
  

The law to which this signing statement applies is:

H.R. 2356, the "Bipartisan Campaign Reform Act of 2002" -- Public Law 107-155 -- 116 STAT 81

To read the law, select one of the links below:

1. Plain text at the GPO's Public and Private Laws

2. PDF file from the GPO's Public and Private Laws

1. Federal Election Commission, Public Financing of Presidential Candidates and Nominating Conventions, Final rules and transmittal of regulations to Congress: 68 Fed. Reg. 47386 (August 8, 2003)

2. Federal Election Commission, notice extending the public comment period on rulemaking on public financing of presidential candidates and nominating conventions: 68 Fed. Reg. 26237 (May 15, 2003)

3. Federal Election Commission, Notice of proposed rulemaking, Public Financing of Presidential Candidates and Nominating Conventions: 68 Fed. Reg. 18484 (April 15, 2003)

4. Federal Election Commission, Bipartisan Campaign Reform Act of 2002; Reporting, Notice of proposed rulemaking: 67 Fed. Reg. 64555 (October 21, 2002)

 

1. McConnell v. FEC, 540 U.S. 93 (2003) (source: slip opinion from the web site of the United States Supreme Court) (PDF, 298 pages)

2. Audio of oral arguments in the Supreme Court for the McConnell case (link to Oyez)

3. McConnell v. FEC, 251 F.Supp.2d 176 (D.C.D.C. 2003) (per curiam opinion) (source (web site of the federal District Dourt for the District of Columbia)

4. Other orders, judgments, and memorandum opinions in the District Court for the District of Columbia for the McConnell Case

 

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

Statement by the President
 

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.

• Text of the same signing statement from the Weekly Compilation of Presidential Documents published by the Government Printing Office (GPO)
  (click links to see text)
  
  1. plain text at the GPO - 38 WCPD 810 (5/20/02)
  
  2. PDF file from GPO - 38 WCPD 810 (5/20/02)

The law to which this signing statement applies is:

H.R. 2646, the "Farm Security and Rural Investment Act of 2002" -- Public Law 107-171 -- 116 STAT 134

To read the law, select one of the links below:

1. Plain text at the GPO's Public and Private Laws

2. PDF file from the GPO's Public and Private Laws (408 pages)

1. Memorandum of March 11, 2003, Implementation of Section 3107 of the Farm Security and Rural Investment Act of 2002, Relating to Food for Education and Child Nutrition, Memorandum for the Secretary of Agriculture: 68 Fed. Reg. 12569 (March 17, 2003)

2. Statement of Administration Policy, H.R. 2646 - Farm Security Act of 2001 (October 3, 2001) (source: White House website, HTML document converted to PDF)

 

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

Statement by the President

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.

• Text of the same signing statement from the Weekly Compilation of Presidential Documents published by the Government Printing Office (GPO)
  (click links to see text)
  
  1. plain text at the GPO - 38 WCPD 822 (5/20/02)
  
  2. PDF file from GPO - 38 WCPD 822 (5/20/02)
  

The law to which this signing statement applies is:

H.R. 3525, the "Enhanced Border Security and Visa Entry Reform Act of 2002" -- P.L. 107-173 -- 116 STAT 543

To read the law, select one of the links below:

1. Plain text at the GPO's Public and Private Laws

2. PDF file from the GPO's Public and Private Laws

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

President Signs Export-Import Bank Act

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.

• Text of the same signing statement from the Weekly Compilation of Presidential Documents published by the Government Printing Office (GPO)
  (click links to see text)
  
  1. plain text at the GPO - 38 WCPD 1014 (6/17/02)
  
  2. PDF file from GPO - 38 WCPD 1014 (6/17/02)
  

The law to which this signing statement applies is:

S. 1372 the Export-Import Bank Reauthorization Act of 2002 -- Public Law 107-189 -- 116 STAT 698

To read the law, select one of the links below:

1. Plain text at the GPO's Public and Private Laws

2. PDF file from the GPO's Public and Private Laws

Statement by the President concerning Export-Import Bank Reauthorization Bill, S. 1372 (June 14, 2002)

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

Statement by the President
Enactment of Implementing Legislation for International Terrorism Conventions

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.

• Text of the same signing statement from the Weekly Compilation of Presidential Documents published by the Government Printing Office (GPO)
  (click links to see text)
  
  1. plain text at the GPO - 38 WCPD 1093 (7/1/02)
  
  2. PDF file from GPO - 38 WCPD 1093 (7/1/02)
  

The law to which this signing statement applies is:

H.R. 3275, a bill implementing the International Convention for the Suppression of Terrorist Bombings and the International Convention for the Suppression of the Financing of Terrorism -- Public Law 107-197 -- 116 STAT 721

To read the law, select one of the links below:

1. Plain text at the GPO's Public and Private Laws

2. PDF file from the GPO's Public and Private Laws

Statement of Administration Policy, H.R. 3275 - Implementing Certain International Terrorism Conventions (December 19, 2001) (source: White House website, HTML document converted to PDF)

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

Statement by the President

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.

• Text of the same signing statement from the Weekly Compilation of Presidential Documents published by the Government Printing Office (GPO)
  (click links to see text)
  
  1. plain text at the GPO - 38 WCPD 1112 (7/8/02)
  
  2. PDF file from GPO - 38 WCPD 1112 (7/8/02)
  

The law to which this signing statement applies is:

H.R. 327, the "Small Business Paperwork Relief Act of 2002" -- Public Law 107-198 -- 116 STAT 729

To read the law, select one of the links below:

1. Plain text at the GPO's Public and Private Laws

2. PDF file from the GPO's Public and Private Laws

Statement of Administration Policy, H.R. 327 - Small Business Paperwork Relief Act (March 14, 2001) (source: White House website HTML document converted to PDF)

 

 

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

Statement by the President

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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• Text of the same signing statement from the Weekly Compilation of Presidential Documents published by the Government Printing Office (GPO)
  (click links to see text)
  
  1. plain text at the GPO - 38 WCPD 1286 (8/5/02)
  
  2. PDF file from GPO - 38 WCPD 1286 (8/5/02)
  

The law to which this signing statement applies is:

H.R. 3763, an Act "to protect investors by improving the accuracy and reliability of corporate disclosures made pursuant to the securities laws" -- Public Law 107-204 -- 116 STAT 745

To read the law, select one of the links below:

1. Plain text at the GPO's Public and Private Laws

2. PDF file from the GPO's Public and Private Laws

1. Memorandum of May 5, 2006, Assignment of Function Relating to Granting of Authority for Issuance of Certain Directives, Memorandum for the Director of National Intelligence: 71 Fed. Reg. 27941 (May 12, 2006) [delegates presidential authority to grant exemptions under 15 U.S.C. § 78m(b)(3)(A) (§ 13b of the Securities Exchange Act of 1934) to the Director of National Intelligence].

2. Statement of Administration Policy, H.R. 3763 - Corporate and Auditing Accountability, Responsibility, and Transparency Act of 2002 (April 23, 2002) (source: White House website)

1. Procedures for the Handling of Discrimination Complaints Under Section 806 of the Corporate and Criminal Fraud Accountability Act of 2002, Title VIII of the Sarbanes-Oxley, Interim Final Rule, 68 Fed. Reg. 31860 (May 28, 2003)

2. White House Press Briefing by Press Secretary, Ari Fleischer (July 31, 2002) (answering questions about the signing statement for the whistle-blower protections in section 1514(A) whistle-blower protection for employees of publicly traded companies) (source: White House website, HTML document converted to PDF)

1. Senator Patrick Leahy, Remarks Concerning Presidential Signing Statements, Congressional Record, Senate S8189 (July 25, 2006) (directly discussing the signing statement for P.L. 107-204) (source: GPO website)

2. Senator Patrick Leahy, Remarks Concerning Corporate Whistleblower Protections in the Sarbanes-Oxley Act, Congressional Record, Senate S1725 (January 29, 2003) (directly discussing the signing statement for P.L. 107-204) (source: GPO website)

1. CRS Report to Congress OC-RL30533: The Quasi Government: Hybrid Organizations with Both Government and Private Sector Legal Characteristics (updated April 29, 2003) (discussion of "unitary executive" and separation of powers)

2. CRS Update of May, 2005 to OC-RL30533 (May 18, 2005) (source: University of North Texas)

1. GAO Report to the Director, Office of Management and Budget GAO-07-91 -- Financial Audit: Restated Financial Statements: Agencies’ Management and Auditor Disclosures of Causes and Effects and Timely Communication to Users (October 5, 2006) (source: GAO website)

2. GAO Report 06-255R to Congressional Committees, Internal Control: Analysis of Joint Study on Estimating the Costs and Benefits of Rendering Opinions on Internal Control over Financial Reporting in the Federal Environment  (September 6, 2006)

3. GAO Report 06-361 to the Committee on Small Business and Entrepreneurship, U.S. Senate: Sarbanes-Oxley Act, Consideration of Key Principles Needed in Addressing Implementation for Smaller Public Companies (April 2006 )

 

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

Statement by the President

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.

• Text of the same signing statement from the Weekly Compilation of Presidential Documents published by the Government Printing Office (GPO)
  (click links to see text)
  
  1. plain text at the GPO - 38 WCPD 1427 (9/2/02)
  
  2. PDF file from GPO - 38 WCPD 1427 (9/2/02)
  

The law to which this signing statement applies is:

H.R. 2068, an Act to revise, codify, and enact without substantive change certain general and permanent laws, related to public buildings, property, and works -- Public Law 107-217 -- 116 STAT 1062

To read the law, select one of the links below:

1. Plain text at the GPO's Public and Private Laws

2. PDF file from the GPO's Public and Private Laws (267 pages)

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

Statement by the President

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.

• Text of the same signing statement from the Weekly Compilation of Presidential Documents published by the Government Printing Office (GPO)
  (click links to see text)
  
  1. plain text at the GPO - 38 WCPD 1576 (2/23/02)
  
  2. PDF file from GPO - 38 WCPD 1576 (2/23/02)
  

The law to which this signing statement applies is:

H.R. 5012, an Act to amend the John F. Kennedy Center Act -- Public Law 107-224 -- 116 STAT 1340

To read the law, select one of the links below:

1. Plain text at the GPO's Public and Private Laws

2. PDF file from the GPO's Public and Private Laws

GAO Report (06-1025) to the Subcommittee on Interior, Environment, and Related Agencies, Committee on Appropriations, House of Representatives: Kennedy Center -- Progress Made on GAO Recommendations, but Oversight Challenges Still Exist (September 15, 2006) (source: GAO website)

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

Statement by the President

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

.

• Text of the same signing statement from the Weekly Compilation of Presidential Documents published by the Government Printing Office (GPO)
  (click links to see text)
  
  1. plain text at the GPO - 38 WCPD 1658 (10/7/02)
  
  2. PDF file from GPO - 38 WCPD 1658 (10/7/02)
  

The law to which this signing statement applies is:

H.R. 1646, the "Foreign Relations Authorization Act, Fiscal Year 2003" -- Public Law 107-228 -- 116 STAT 1350

To read the law, select one of the links below:

1. Plain text at the GPO's Public and Private Laws

2. PDF file from the GPO's Public and Private Laws (116 pages)

1. Presidential Determination 2006-24: Certification for major drug producing and drug transit countries (September 15, 2006): 71 Fed. Reg. 57865 (September 29, 2006)

2. Memorandum for the Secretary of State, (SUBJECT: Assignment of Reporting Functions Related to Russian Debt Reduction for Nonproliferation) (July 18, 2006) 70 Fed. Reg. 42747 (July 28, 2006)

3. Memorandum for the Secretary of State, Presidential Determination No. 2006-17 (SUBJECT: Implementation of Sections 603 and 604 of the Foreign Relations Authorization Act, Fiscal Year 2003 (Public Law 107-228)):  70 Fed. Reg. 39511 (July 13, 2006)

4. Memorandum for the Secretary of State, Presidential Determination No. 2005-36 (SUBJECT: Presidential Determination on Major Drug Transit or Major Illicit Drug Producing Countries for Fiscal Year 2006): 70 Fed. Reg. 56807 (September 28, 2005)

5. Memorandum for the Secretary of State, Presidential Determination No. 2005-27 (SUBJECT: Implementation of Sections 603 and 604 of the Foreign Relations Authorization Act, Fiscal Year 2003 (Public Law 107 228)): 70 Fed. Reg. 40183 (July 12, 2005)

6. Presidential Determination No. 2005-17 of January 7, 2005, Implementation of Section 603 and 604 of the Foreign Relations Authorization Act, Fiscal Year 2003 (Public Law 107-228), Memorandum for the Secretary of State: 70 Fed. Reg. 3851 (January 27, 2005)

7. Presidential Determination No. 2004-47 of September 15, 2004, Presidential Determination on Major Drug Transit or Major Illicit Drug Producing Countries for FY05, Memorandum for the Secretary of State: 69 Fed. Reg. 57809 (September 28, 2004)

8. Presidential Determination No. 2004-46 of September 10, 2004, Presidential Determination with Respect to Foreign Governments' Efforts Regarding Trafficking in Persons Memorandum for the Secretary of State: 69 Fed. Reg. 56155 (September 20, 2004)

9. Presidential Determination No. 2004-39 of June 25, 2004, Imposition and Waiver of Sanctions Under Section 604 of the FY 2003 Foreign Relations Authorization Act (Public Law 107-228), Memorandum for the Secretary of State: 69 Fed. Reg. 40761 (July 6, 2004)

10. Executive Order 13313: Delegation of Certain Congressional Reporting Functions (July 31, 2003): 68 Fed. Reg. 46073 (August 5, 2003)  (contains reference to the unitary executive)

11.  Presidential Determination No. 2004-14 of December 11, 2003, Imposition and Waiver of Sanctions Under Section 604 of the FY 2003 Foreign Relations Authorization Act (Public Law 107-228), Memorandum for the Secretary of State: 68 Fed. Reg. 74461 (December 23, 2003)

12. Executive Order 13313 of July 31, 2003, Delegation of Certain Congressional Reporting Functions: 68 Fed. Reg. 46073 (August 5, 2003) (contains reference to the "unitary executive")

13.  Presidential Determination No. 2003-30 of August 7, 2003, Imposition and Waiver of Sanctions Under Section 604 of the Foreign Relations Authorization Act (Public Law 107-228), Memorandum for the Secretary of State: 68 Fed. Reg. 48323 (August 18, 2003)

14. Memorandum of May 7, 2003, Report to the Congress on Tibet Negotiations, Memorandum for the Secretary of State: 68 Fed. Reg. 26457 (May 16, 2003)

15. Presidential Determination No. 2003-19 of March 28, 2003, Security Assistance to East Timor: Certification and Report Pursuant to Section 637(a)(2) of the Foreign Relations Authorization Act, Fiscal Year 2003 (Public Law 107-228): 68 Fed. Reg. 16167 (April 3, 2003)

16. Presidential Determination No. 2003-14 of January 30, 2003, Presidential Determination on Major Drug Transit or Major Illicit Drug Producing Countries for 2003, Memorandum for the Secretary of State: 68 Fed. Reg. 5787 (February 5, 2003)

17. Presidential Determination No. 03-04 of November 29, 2002, Imposition and Waiver of Sanctions Under Section 604 of the Foreign Relations Authorization Act, Fiscal Year 2003, Memorandum for the Secretary of State: 67 Fed. Reg. 72363 (December 5, 2002)

18. Statement of Administration Policy, H.R. 1646 - Foreign Relations Authorization Act, Fiscal Years 2002 and 2003 (May 8, 2001) (source: White House website HTML document converted to PDF)

 

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

Statement by the President

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.

• Text of the same signing statement from the Weekly Compilation of Presidential Documents published by the Government Printing Office (GPO)
  (click links to see text)
  
  1. plain text at the GPO - 38 WCPD 1660 (10/7/02)
  
  2. PDF file from GPO - 38 WCPD 1660 (10/7/02)
  

The law to which this signing statement applies is:

H.J. Res. 111, a Joint Resolution making continuing appropriations for fiscal year 2003 -- Public Law 107-229 -- 116 STAT 1465

To read the law, select one of the links below:

1. Plain text at the GPO's Public and Private Laws

2. PDF file from the GPO's Public and Private Laws

OMB Memo M-02-07, Memorandum for Heads of Executive Departments and Agencies, Procurement of Printing and Duplicating through the Government Printing Office (May 3, 2002) (source: White House website)

GAO Decision 300192, Letter from General Counsel to Senate Committee on Appropriations (November 13, 2002) (under section 117, agencies are prohibited from using any funds to implement the Office of Management and Budget (OMB) Memorandum M-02-07 (hereafter, Memorandum),[1] including private sector printing, and no funds are available to pay for the printing of the President's Budget other than through the Government Printing Office (GPO).  Failure to abide by section 117 would constitute a violation of the Antideficiency Act) (source: GAO website)

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

Statement by the President

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.

• Text of the same signing statement from the Weekly Compilation of Presidential Documents published by the Government Printing Office (GPO)
  (click links to see text)
  
  1. plain text at the GPO - 38 WCPD 1745 (10/14/02)
  
  2. PDF file from GPO - 38 WCPD 1745 (10/14/02)

The law to which this signing statement applies is:

S. 1175, the "Vicksburg National Military Park Boundary Modification Act of 2002" -- Public Law 107-238 -- 116 STAT 1486

To read the law, select one of the links below:

1. Plain text at the GPO's Public and Private Laws

2. PDF file from the GPO's Public and Private Laws

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

Statement by the President

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.

• Text of the same signing statement from the Weekly Compilation of Presidential Documents published by the Government Printing Office (GPO)
  (click links to see text)
  
  1. plain text at the GPO - 38 WCPD 1779 (10/21/02)
  
  2. PDF file from GPO - 38 WCPD 1779 (10/21/02)

The law to which this signing statement applies is:

H.J. Res. 114, a resolution to authorize the use of United States Armed Forces against Iraq -- Public Law 107-243 -- 116 STAT 1498

To read the law, select one of the links below:

1. Plain text at the GPO's Public and Private Laws

2. PDF file from the GPO's Public and Private Laws

Memorandum of July 2, 2004, Delegation of Certain Reporting Authority, Memorandum for the Secretary of State: 69 Fed. Reg. 43723 (July 21, 2004)

 

 

1. Declassified Key Judgments of the National Intelligence Estimate -- Trends in Global Terrorism: Implications for the United States (April, 2006) (source: web site of the Office of the Director of National Intelligence 9/27/2006)

2. Department of State, Delegation of Authority 292, Delegation by the Deputy Secretary of State to the Assistant Secretary for Near Eastern Affairs of Authority To Submit Certain Iraq Reports to the Congress: 71 Fed. Reg. 28902 (May 18, 2006)

3. Department of Justice, Legal Authorities Supporting the Activities of the National Security Agency Described by the President (January 19, 2006) (discusses "inherent" presidential authority to conduct warrantless domestic spying program and authority derived from P.L. 107-40 and P.L. 107-243) (source: DOJ website)

 

1. CRS Report for Congress RL31133: Declarations of War and Authorizations for the Use of Military Force: Historical Background and Legal Implications (updated March 8, 2007) (source: Federation of American Scientists) (discussion of the signing statements for the AUMFs PL-107-243 and 107-40)

2. CRS Report for Congress RS22537: Iraqi Civilian Deaths Estimates (November 22, 2006) (source: Federation of American Scientists)

3. CRS Report for Congress RL33733: Intelligence Estimates: How Useful to Congress? (November 21, 2006) (source: Federation of American Scientists)

4. CRS Report for Congress RL31339, Iraq: Post-Saddam Governance and Security (updated October 18, 2006) (source: U.S. State Department website)

5. CRS Report for Congress RL33532, War Powers Resolution: Presidential Compliance (July 11, 2006) (source U.S. State Department website)

6. CRS Report for Congress RL31133: Declarations of War and Authorizations for the Use of Military Force: Historical Background and Legal Implications (updated January 14, 2003) (source: Open CRS)

 

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

Statement by the President

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.

• Text of the same signing statement from the Weekly Compilation of Presidential Documents published by the Government Printing Office (GPO)
  (click links to see text)
  
  1. plain text at the GPO - 38 WCPD 1819 (10/28/02)
  
  2. PDF file from GPO - 38 WCPD 1819 (10/28/02)
  

The law to which this signing statement applies is:

H.R. 5531, the "Sudan Peace Act" -- Public Law 107-245 -- 116 STAT 1504

To read the law, select one of the links below:

1. Plain text at the GPO's Public and Private Laws

2. PDF file from the GPO's Public and Private Laws

1. Memorandum of March 14, 2005, Delegation of Reporting Function Related to the Sudan Peace Act, Memorandum for the Secretary of State: 70 Fed. Reg. 14967 (March 24, 2005)

2.  Memorandum of October 21, 2004, Delegation of Certain Functions Related to the Sudan Peace Act, Memorandum for the Secretary of State: 69 Fed. Reg. 63039 (October 28, 2004)

3.  Presidential Determination No. 2004-29 of April 21, 2004, Presidential Determination on the Sudan Peace Act, Memorandum for the Secretary of State: 69 Fed. Reg. 24905 (May 5, 2005)

4. Presidential Determination No. 2004-05 of October 21, 2003, Presidential Determination on the Sudan Peace Act, Memorandum for the Secretary of State: 68 Fed. Reg. 63977 (November 10, 2003)

5. Presidential Determination No. 2003-21 of April 21, 2003, Presidential Determination Under the Sudan Peace Act, Memorandum for the Secretary of State: 68 Fed. Reg. 20329 (April 25, 2003)

 

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

Statement by the President

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.

• Text of the same signing statement from the Weekly Compilation of Presidential Documents published by the Government Printing Office (GPO)
  (click links to see text)
  
  1. plain text at the GPO - 38 WCPD 1834 (10/28/02)
  
  2. PDF file from GPO - 38 WCPD 1834 (10/28/02)

The law to which this signing statement applies is:

H.R. 5010, the "Department of Defense Appropriations Act, 2003" -- Public Law 107-248 -- 116 STAT 1519

To read the law, select one of the links below:

1. Plain text at the GPO's Public and Private Laws

2. PDF file from the GPO's Public and Private Laws

1. Presidential Determination No. 03-10 of January 10, 2003, Presidential Determination on Waiver of Conditions on Obligation and Expenditure of Funds for Planning, Design, and Construction of a Chemical Weapons Destruction Facility in Russia, Memorandum for the Secretary of State: 68 Fed. Reg. 2411 (January 17, 2003)

2. Statement of Administration Policy, H.R. 5010 - Department of Defense Appropriations Bill, FY 2003 (Senate) (July 31, 2002) (source: White House website)

3. Statement of Administration Policy, H.R. 5010 - Department of Defense Appropriations Bill, FY 2003 (H-Floor) (June 27, 2002) (source: White House website)

 

 

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

Statement by the President

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.

• Text of the same signing statement from the Weekly Compilation of Presidential Documents published by the Government Printing Office (GPO)
  (click links to see text)
  
  1. plain text at the GPO - 38 WCPD 1834 (10/28/02)
  
  2. PDF file from GPO - 38 WCPD 1834 (10/28/02)

The law to which this signing statement applies is:

H.R. 5011, the "Military Construction Appropriations Act, 2003" -- Public Law 107-249 -- 116 STAT 1578

To read the law, select one of the links below:

1. Plain text at the GPO's Public and Private Laws

2. PDF file from the GPO's Public and Private Laws

Statement of Administration Policy, H.R. 5011 - Military Construction Appropriations Bill, FY 2003 (June 27, 2002) (source: White House website)

 

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

Statement by the President

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.

• Text of the same signing statement from the Weekly Compilation of Presidential Documents published by the Government Printing Office (GPO)
  (click links to see text)
  
  1. plain text at the GPO - 38 WCPD 1839 (10/28/02)
  
  2. PDF file from GPO - 38 WCPD 1839 (10/28/02)

The law to which this signing statement applies is:

H.R. 2121, the "Russian Democracy Act of 2002" -- Public Law 107-246 -- 116 STAT 1511

To read the law, select one of the links below:

1. Plain text at the GPO's Public and Private Laws

2. PDF file from the GPO's Public and Private Laws

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"

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

• Text of the same signing statement from the Weekly Compilation of Presidential Documents published by the Government Printing Office (GPO)
  (click links to see text)
  
  1. plain text at the GPO - 38 WCPD 1874 (11/4/02)
  
  2. PDF file from GPO - 38 WCPD 1874 (11/4/02)

The law to which this signing statement applies is:

H.R. 5651, the "Medical Device User Fee and Modernization Act of 2002" -- Public Law 107-250 -- 116 STAT 1588

To read the law, select one of the links below:

1. Plain text at the GPO's Public and Private Laws

2. PDF file from the GPO's Public and Private Laws

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

President Signs "Help America Vote Act of 2002"
Statement by the President

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.

• Text of the same signing statement from the Weekly Compilation of Presidential Documents published by the Government Printing Office (GPO)
  (click links to see text)
  
  1. plain text at the GPO - 38 WCPD 1888 (11/4/02)
  
  2. PDF file from GPO - 38 WCPD 1888 (11/4/02)

The law to which this signing statement applies is:

H.R. 3295, the "Help America Vote Act of 2002" -- Public Law 107-252 -- 116 STAT 1666

To read the law, select one of the links below:

1. Plain text at the GPO's Public and Private Laws

2. PDF file from the GPO's Public and Private Laws

Memorandum Opinion for the Principal Deputy Assistant Attorney General Civil Rights Division, Whether Certain Direct Recording Electronic Voting Systems Comply With The Help America Vote Act And The Americans With Disabilities Act (October 10, 2003) (A direct recording electronic voting system that produces a contemporaneous paper record, which is not accessible to sight-impaired voters but which allows sighted voters to confirm that their ballots accurately reflect their choices before the system officially records their votes, would be consistent with the Help America Vote Act and with Title II of the Americans with Disabilities Act, so long as the voting system provides a similar opportunity for sight-impaired voters to verify their ballots before those ballots are finally cast.) (source: DOJ website, HTML converted to PDF)

 

1. GAO Appropriations Decision B–306475, Help America Vote Act of 2002: Audits and Recovery of Funds, January 30, 2006 (source: GAO web site)

2. GAO Testimony 04-975T: Elections -- Electronic Voting Offers Opportunities and Presents Challenges -- Statement of Randolph C. Hite, Director, Information Technology Architecture and Systems, Before the Subcommittee on Technology, Information Policy, Intergovernmental Relations and the Census, Committee on Government Reform, House of Representatives (July 20, 2004) (source: GAO web site)

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

President Signs Niagara Falls Heritage Area Study Act
Statement by the President

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

.

• Text of the same signing statement from the Weekly Compilation of Presidential Documents published by the Government Printing Office (GPO)
  (click links to see text)
  
  1. plain text at the GPO - 38 WCPD 1892 (11/4/02)
  
  2. PDF file from GPO - 38 WCPD 1892 (11/4/02)

The law to which this signing statement applies is:

S. 1227, the Niagara Falls National Heritage Area Study Act -- Public Law 107-256 -- 116 STAT 1735

To read the law, select one of the links below:

1. Plain text at the GPO's Public and Private Laws

2. PDF file from the GPO's Public and Private Laws

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

President Signs Justice Approps Authorization Act
Statement by the President

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.

• Text of the same signing statement from the Weekly Compilation of Presidential Documents published by the Government Printing Office (GPO)
  (click links to see text)
  
  1. plain text at the GPO - 38 WCPD 1971 (11/11/02)
  
  2. PDF file from GPO - 38 WCPD 1971 (11/11/02)

The law to which this signing statement applies is:

H.R. 2215, the "21st Century Department of Justice Appropriations Authorization Act" -- Public Law 107-273 -- 116 STAT 1758

To read the law, select one of the links below:

1. Plain text at the GPO's Public and Private Laws

2. PDF file from the GPO's Public and Private Laws

Responses of the Department of Justice to FOIA request to list and produce all documents filed with Congress as required by § 202(A) and (B) of PL 107-273 (April, 2005, and August, 2006) (source: Christopher Kelley, Assistant Visiting Professor of Political Science at Miami University)

Senator Arlen Specter, Remarks on Presidential Signing Statements, Congressional Record S. 8122 (July 24, 2006) (source: GPO web site) (quoting comment from ABA Task Force report concerning the signing statement for PL 107-273: "[a] frustrated Congress finally enacted a law requiring the Attorney General to submit to Congress a report of any instance in which that official or any officer of the Department of Justice established or pursued a policy of refraining from enforcing any provision of any federal statute, . . . this, too, was subjected to a ritual signing statement, insisting on the President's authority to withhold information whenever he deemed necessary'') (source: GPO web site)

CRS Report for Congress OC-RL32926: Congressional Authority Over the Federal Courts (May 16, 2005) (discussion of separation of powers and "unitary executive")

 

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

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.

• Text of the same signing statement from the Weekly Compilation of Presidential Documents published by the Government Printing Office (GPO)
  (click links to see text)
  
  1. plain text at the GPO - 38 WCPD 1995 (11/11/02)
  
  2. PDF file from GPO - 38 WCPD 1995 (11/11/02)

The law to which this signing statement applies is:

H.R. 3801, an Act "To provide for improvement of Federal education research, statistics, evaluation, information, and dissemination" -- Public Law 107-279 -- 116 STAT 1940

To read the law, select one of the links below:

1. Plain text at the GPO's Public and Private Laws

2. PDF file from the GPO's Public and Private Laws

Statement of Administration Policy, H.R. 3801 – Education Sciences Reform Act of 2002 (April 30, 2002) (source: White House website)

 

GAO Report to Congressional Requesters B-309928, Presidential Signing Statements--Agency Implementation of Ten Provisions of Law (December 20, 2007) (abstract at GAO website) (discusses signing statement for P.L. 107-279)

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

Statement by the President

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.

• Text of the same signing statement from the Weekly Compilation of Presidential Documents published by the Government Printing Office (GPO)
  (click links to see text)
  
  1. plain text at the GPO - 38 WCPD 2008 (11/11/02)
  
  2. PDF file from GPO - 38 WCPD 2008 (11/11/02)

The law to which this signing statement applies is:

H.R. 4685, an act to amend title 31, United States Code, to expand types of Federal agencies that are required to prepare audited financial statements -- Public Law 107-289 -- 116 STAT 2049

To read the law, select one of the links below:

1. Plain text at the GPO's Public and Private Laws

2. PDF file from the GPO's Public and Private Laws

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

Statement by the President

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.

• Text of the same signing statement from the Weekly Compilation of Presidential Documents published by the Government Printing Office (GPO)
  (click links to see text)
  
  1. plain text at the GPO - 38 WCPD 2095 (12/2/02)
  
  2. PDF file from GPO - 38 WCPD 2095 (12/2/02)

The law to which this signing statement applies is:

S. 1214, the "Maritime Transportation Security Act of 2002" -- Public Law 107-295 -- 116 STAT 2064

To read the law, select one of the links below:

1. Plain text at the GPO's Public and Private Laws

2. PDF file from the GPO's Public and Private Laws

GAO Report 06-903 to Congressional Committees, Coast Guard: Observations on the Preparation, Response, and Recovery Missions Related to Hurricane Katrina (July 31, 2006) (source: GAO website)

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

Statement by the President

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.

• Text of the same signing statement from the Weekly Compilation of Presidential Documents published by the Government Printing Office (GPO)
  (click links to see text)
  
  1. plain text at the GPO - 38 WCPD 2092 (12/2/02)
  
  2. PDF file from GPO - 38 WCPD 2092 (12/2/02)

The law to which this signing statement applies is:

H.R. 5005, the "Homeland Security Act of 2002" -- Public Law 107-296 -- 116 STAT 2135

To read the law, select one of the links below:

1. Plain text at the GPO's Public and Private Laws

2. PDF file from the GPO's Public and Private Laws (187 pages)

1. Notice: Publication and Release of the National Response Plan, Department of Homeland Security, has developed and published a Notice of Change to the National Response Plan, that is now available to the public: 71 Fed. Reg. 42653 (July 27, 2006)

2. Memorandum for the Heads of Executive Departments and Agencies (SUBJECT: Guidelines and Requirements in Support of the Information Sharing Environment)

3. Executive Order 13407 of June 26, 2006: Public Alert and Warning System: 71 Fed. Reg. 36975 (June 28, 2006)

4. Executive Order 13354 of August 27, 2004: National Counterterrorism Center: 69 Fed. Reg. 53589 (September 1, 2004)

5. Executive Order 13356 of August 27, 2004: Strengthening the Sharing of Terrorism Information To Protect Americans: 69 Fed. Reg. 53599 (September 1, 2004)

6. Notice of September 29, 2003, Report to the Congress on the Memorandum of Understanding Between the Secretaries of State and Homeland Security Concerning Implementation of Section 428 of the Homeland Security Act of 2002: 68 Fed. Reg. 58517 (September 29, 2003)

7. Executive Order 13311 of July 29, 2003, Homeland Security Information Sharing: 68 Fed. Reg. 45149 (July 31, 2003)

8. Executive Order 13286 of February 28, 2003, Amendment of Executive Orders, and Other Actions, in Connection With the Transfer of Certain Functions to the Secretary of Homeland Security: 68 Fed. Reg. 10617 (March 5, 2003)

9. Executive Order 13284: Amendment of Executive Orders, and Other Actions, in Connection With the Establishment of the Department of Homeland Security (January 23, 2003): 68 Fed. Reg. 4075 (January 28, 2003)

10. Statement of Administration Policy, H.R. 5005 – Homeland Security Act of 2002 (July 25, 2002) (source: White House website)

 

1. Department of Homeland Security, Office of the Inpsector General, Survey of DHS Data Mining Activities OIG-06-56 (August 15, 2006) (source: website of the Department of Homeland Security)

2. Dept. Homeland Security, National Infrastructure Protection Plan (2006) (source: website for the Dept. Homeland Security)

3. Dept. Homeland Security, Office of Inspector General, Office of Inspections and Special Reviews: Progress in Developing the National Asset Database OIG-06-40 (June 2006)

1. CRS Report for Congress RL33648, Critical Infrastructure: The National Asset Database (September 14, 2006) (source: Federation of American Scientists)

2. CRS Report for Congress RL33600, International Terrorism: Threat, Policy, and Response (August 16, 2006) (source: U.S. Department of State web site)

3. CRS Report for Congress RL31719, An Overview of the U.S. Public Health System in the Context of Emergency Preparedness (updated March 17, 2005) (source: National Council for Science and the Environment)

4. CRS Report for Congress RL31762: Homeland Security Act of 2002: Critical Infrastructure Information Act (February 28, 2003) (discussing the "unitary executive" and the presidential signing statement for P.L. 107-296) (source: University of North Texas)

5. CRS Report for Congress RS22840:  Organizing for Homeland Security: The Homeland Security Council Reconsidered (March 19, 2008) (source: Open CRS)

 

1. GAO Report 06-618 to Congressional Committees,  Catastrophic Disasters: Enhanced Leadership, Capabilities, and Accountability Controls Will Improve the Effectiveness of the Nation’s Preparedness, Response, and Recovery System (September 6, 2006)

2. GAO Report 05-935, Transportation Security Administration: More Clarity on the Authority of Federal Security Directors Is Needed (September 23, 2005) (source: GAO web site)

3. GAO Report 04-1009, Homeland Security: Effective Regional Coordination Can Enhance Emergency Preparedness  (September 15, 2004) (source: GAO web site)

 

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

Statement by the President

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.

• Text of the same signing statement from the Weekly Compilation of Presidential Documents published by the Government Printing Office (GPO)
  (click links to see text)
  
  1. plain text at the GPO - 38 WCPD 2102 (12/2/02)
  
  2. PDF file from GPO - 38 WCPD 2102 (12/2/02)

The law to which this signing statement applies is:

H.R. 4628, the "Intelligence Authorization Act for Fiscal Year 2003" -- Public Law 107-306 -- 116 STAT 2383

To read the law, select one of the links below:

1. Plain text at the GPO's Public and Private Laws

2. PDF file from the GPO's Public and Private Laws

Statement of Administration Policy, H.R. 4628 -Intelligence Authorization Act for Fiscal Year 2003 (July 14, 2002) (source: White House web site)

 

Office of the Inspector General for the Department of Transportation, Memorandum CC-2006-085: Results of OIG Investigation of 9/11 Commission Staff Referral (August 31, 2006) (source: web site for the OIG for the Department of Transporation)

Website for the National Commission On Terrorist Attacks Upon The United States Report of National Commission on Terrorist Attacks Upon the United States (9-11 Commission) (source: web site of the 9-11 Commission)

  1. Full Final Report

                   OR

  2. Report By Table of Contents

Part 1  (Release Statement)
Part 2  (Executive Summary)
Part 3  (Title, TOC, etc.)
Part 4  (Preface)
Part 5  (Chapter 1)
Part 6  (Chapter 2) 
Part 7  (Chapter 3)
Part 8   (Chapter 4) 
Part 9   (Chapter 5)
Part 10 (Chapter 6) 
Part 11 (Chapter 7) 
Part 12 (Chapter 8)
Part 13 (Chapter 9) 
Part 13a (Chapter 10) 
Part 14  (Chapter 11)
Part 15  (Chapter 12)
Part 16  (Chapter 13)
Part 17  (Appendices)
Part 17a   (Notes)
                            
                                    
                                          
                                                       
                                                      
                                                   
                               

GAO Decision B-303692: Summary of Recommendations -- the 9/11 Commission Report, B-303692, September 9, 2004

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

Statement by the President


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.

• Text of the same signing statement from the Weekly Compilation of Presidential Documents published by the Government Printing Office (GPO)
  (click links to see text)
  
  1. plain text at the GPO - 38 WCPD 2114 (12/9/02)
  
  2. PDF file from GPO - 38 WCPD 2114 (12/9/02)

The law to which this signing statement applies is:

H.R. 4546, the "Bob Stump National Defense Authorization Act for Fiscal Year 2003" -- Public Law 107-314 -- 116 STAT 2458

To read the law, select one of the links below:

1. Plain text at the GPO's Public and Private Laws

2. PDF file from the GPO's Public and Private Laws (306 pages)

1. Memorandum for the Secretary of State (SUBJECT: Assignment of Functions Under Section 1306 of Public Law 107-314): 71 Fed. Reg.1467 (January 9, 2006)

2. Assignment of Certain Functions Related to the Use of Cooperative Threat Reduction Funds for States Outside the Former Soviet Union Memorandum for the Secretary of State[,] the Secretary of Defense[,] the Secretary of Energy[, and] the Director of National Intelligence:  71 Fed. Reg. 36435 (June 26, 2006)

3. Memorandum of November 2, 2005, Assignment of Certain Reporting Functions, Memorandum for the Secretary of State: 70 Fed. Reg. 72055 (November 30, 2005)

4. Presidential Determination No. 2005-13 of December 14, 2004, Waiver of Restrictions on Assistance to the Republic of Uzbekistan under the Cooperative Threat Reduction Act of 1993 and Title V of the FREEDOM Support Act, Memorandum for the Secretary of State: 70 Fed. Reg. 1 (January 1, 2005)

5.  Presidential Determination No. 2005-09 of December 6, 2004, Waiver of Restrictions on Assistance to Russia under the Cooperative Threat Reduction Act of 1993 and Title V of the FREEDOM Support Act, Memorandum for the Secretary of State: 69 Fed. Reg. 74933 (December 14, 2004)

6. Presidential Determination No. 2004-19 of December 30, 2003, Waiver of Restrictions on Assistance to the Republic of Uzbekistan under the Cooperative Threat Reduction Act of 1993 and Title V of the FREEDOM Support Act, Memorandum for the Secretary of State: 69 Fed. Reg. 2479 (January 16, 2004)

7. Presidential Determination No. 2004-08 of November 7, 2003, Waiver of Restrictions on Assistance to Russia under the Cooperative Threat Reduction Act of 1993 and Title V of the FREEDOM Support Act, Memorandum for the Secretary of State: 68 Fed. Reg. 65383 (November 20, 2003)

8. Executive Order 13313 of July 31, 2003, Delegation of Certain Congressional Reporting Functions: 68 Fed. Reg. 46073 (August 5, 2003) (contains reference to the "unitary executive")

9.  Presidential Determination No. 03-11 of January 10, 2003, Presidential Determination on Waiver of Restrictions on Assistance to Russia under the Cooperative Threat Reduction Act of 1993 and Title V of the FREEDOM Support Act, Memorandum for the Secretary of State: 68 Fed. Reg. 2419 (January 17, 2003)

10. Executive Order 13282,  Adjustments of Certain Rates of Pay, December 31, 2002 (January 8. 2003): 68 Fed. Reg. 1131 (January 8, 2003)

11. Statement of Administration Policy, H.R. 4546 - Bob Stump National Defense Authorization Act for FY 2003 (May 9, 2002) (source: White House website)

 

GAO Appropriations Decision B-305919, Department of Defense Accountable Officials--Local Nationals Abroad, March 27, 2006

For Immediate Release
Office of the Press Secretary
December 17, 2002

Statement on Signing the E-Government Act of 2002
December 17, 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.

Title II of this Act authorizes agencies to award "share-in-savings" contracts under which contractors share in the savings achieved by agencies through the provision of technologies that improve or accelerate their work. The executive branch shall ensure, consistent with applicable law, that these contracts are operated according to sound fiscal policy and limit authorized waivers for funding of potential termination costs to appropriate circumstances, so as to minimize the financial risk to the Government.

Title III of this Act is the Federal Information Security Management Act of 2002. It is very similar to title X of the Homeland Security Act of 2002, which also bears the name Federal Information Security Management Act of 2002 and which I signed into law on November 25, 2002. I am signing into law the E-Government Act after the enactment of the Homeland Security Act, and there is no indication that the Congress intended the E-Government Act to provide interim provisions that would apply only until the Homeland Security Act took effect. Thus, notwithstanding the delayed effective dates applicable to the Homeland Security Act, the executive branch will construe the E-Government Act as permanently superseding the Homeland Security Act in those instances where both Acts prescribe different amendments to the same provisions of the United States Code.

Finally, the executive branch shall construe and implement the Act in a manner consistent with the President's constitutional authorities to supervise the unitary executive branch and to protect sensitive national security, law enforcement, and foreign relations information. In particular, consistent with my constitutional authorities and section 301(c) of this Act, the executive branch shall construe the Act in a manner that preserves the authorities of the Secretary of Defense, the Director of Central Intelligence, and other agency heads with regard to the operation, control, and management of national security systems.

George W. Bush
The White House,
December 17, 2002.
 

[Note supplied by the GPO: H.R. 2458, approved December 17, was assigned Public Law No. 107-347. The Office of the Press Secretary also released a Spanish language version of this statement.]

• Text of the same signing statement from the Weekly Compilation of Presidential Documents published by the Government Printing Office (GPO)
  (click links to see text)
  
  1. plain text at the GPO - 38 WCPD 2174 (12/23/02)
  
  2. PDF file from GPO - 38 WCPD 2174 (12/23/02)

The law to which this signing statement applies is:

H.R. 2458, the "E-Government Act of 2002" -- Public Law 107-347 -- 116 STAT 2899

To read the law, select one of the links below:

1. Plain text at the GPO's Public and Private Laws

2. PDF file from the GPO's Public and Private Laws

1. GAO Report 07-65 to the Chairman, Committee on Government Reform, House of Representatives, Information Security: Agencies Need to Develop and Implement Adequate Policies for Periodic Testing (October 20, 2006) (source GAO web site)

2. GAO Report 06-676 to Congressional Committees, Privacy - Domestic and Offshore Outsourcing of Personal Information in Medicare, Medicaid, and TRICARE (September 5, 2006) (source: GAO web site)

 

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

Statement by the President

Today I have signed into law H.R. 4883, an Act to reauthorize the Hydrographic Services Improvement Act of 1998, and for other purposes.

The executive branch shall construe sections 221(a)(4), 223(b), and 241(a)(2) of the Act as providing statutory bases for revocation of commissions or removal from service that are separate from, in addition to, and not in derogation of the President's constitutional authority to remove officers of the United States. The executive branch also shall construe sections 222 and 224 in a manner consistent with the President's constitutional authority to nominate and appoint candidates who are not the subject of recommendations under those sections.

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

• Text of the same signing statement from the Weekly Compilation of Presidential Documents published by the Government Printing Office (GPO)
  (click links to see text)
  
  1. plain text at the GPO - 38 WCPD 2179 (12/23/02)
  
  2. PDF file from GPO - 38 WCPD 2179 (12/23/02)

The law to which this signing statement applies is:

H.R. 4883, the Act to reauthorize the Hydrographic Services Improvement Act of 1998 -- Public Law 107-372 -- 116 STAT 3078

To read the law, select one of the links below:

1. Plain text at the GPO's Public and Private Laws

2. PDF file from the GPO's Public and Private Laws

Executive Order 13341 of May 20, 2004, Further Amendment to Executive Order 11023, Providing for the Performance by the Secretary of Commerce of Certain Functions Relating to the National Oceanic and Atmospheric Administration: 69 Fed. Reg. 29843 (May 25, 2004).

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

Statement by the President


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.

• Text of the same signing statement from the Weekly Compilation of Presidential Documents published by the Government Printing Office (GPO)
  (click links to see text)
  
  1. plain text at the GPO - 38 WCPD 2178 (12/23/02)
  
  2. PDF file from GPO - 38 WCPD 2178 (12/23/02)

The law to which this signing statement applies is:

H.R. 4664, the "National Science Foundation Authorization Act of 2002" -- Public Law 107-368 -- 116 STAT 3034

To read the law, select one of the links below:

1. Plain text at the GPO's Public and Private Laws

2. PDF file from the GPO's Public and Private Laws