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 - 39 WCPD 227 (2/24/03)
  
  2. PDF file from GPO - 39 WCPD 227 (2/24/03)
  

The law to which this signing statement applies is:

H.J.Res. 2, the Consolidated Appropriations Act for the fiscal year ending September 30, 2003 -- Public Law 108-7 -- 117 STAT 11

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 (556 pages)

 

1. 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)

2. Presidential Determination No. 2004-04 of October 14, 2003, Waiver and Certification of Statutory Provisions Regarding the Palestine Liberation Organization, Memorandum for the Secretary of State: 68 Fed. Reg. 60841 (October 24, 2003)

3. Presidential Determination No. 2003-37 of September 14, 2003, U.S. Contribution to the Korean Peninsula Energy Development Organization: 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, 2003, Division E of the Consolidated Appropriations Resolution, 2003 (Public Law 108-7) (the ``Act''), Memorandum for the Secretary of State: 68 Fed. Reg. 54971 (September 19, 2003)

4. Presidential Determination No. 2003-20 of April 16, 2003, Waiver and Certification of Statutory Provisions Regarding the Palestine Liberation Organization, Memorandum for the Secretary of State: 68 Fed. Reg. 20327 (April 25, 2003)

5. Presidential Determination No. 2003-18 of March 24, 2003, Assistance for Iraq, Memorandum for the Secretary of State: 68 Fed. Reg. 16165 (April 3, 2003)

6. Executive Order 13291 of March 21, 2003, Further Adjustment of Certain Rates of Pay: 68 Fed. Reg. 14523 (March 25, 2003)

7. Presidential Determination No. 2003-16 of March 14, 2003, Waiver of Coup-Related Sanctions for Pakistan, Memorandum for the Secretary of State: 68 Fed. Reg. 13803 (March 21, 2003)

8. Statement of Administration Policy, H.J. Res. 2, Making Further Continuing Appropriations for the Fiscal Year 2003, and for Other Purposes (January 17, 2002) (source: White House website)

 

 

1. OMB M-05-20, Statutory provision on Video News Releases (July 21, 2005) (source: White House web site)

2. OMB M-05-10, Use of Government Funds for Video News Releases (March 11, 2005) (source: White House web site)

3. Department of Justice, Office of Legal Counsel, Memorandum Opinion, "Expenditure of Appropriated Funds For Informational Video News Releases” (Informational video news releases produced by the Department of Health and Human Services regarding the Medicare Prescription Drug, Improvement, and Modernization Act of 2003 do not constitute impermissible "covert propaganda" in violation of the Consolidated Appropriations Resolution, 2003, which forbids the expenditure of appropriated funds for "publicity or propaganda purposes)" (July 30, 2004)

4. Department of Justice, Memorandum Opinion: Authority of Chief Financial Officer Under FY 2003 HUD Appropriations  (provisions of the Department of Housing and Urban Development Appropriations Act for FY 2003 did not assign all responsibility for appropriations law matters to HUD's Chief Financial Officer to the exclusion of the General Counsel.) (August 12, 2003) (source: DOJ website)

 

1. 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 web site)

2. GAO Decision B-304272, Prepackaged News Stories (February 17, 2005) (source: GAO web site)

3. GAO Decision B-302504: Medicare Prescription Drug, Improvement, and Modernization Act of 2003-Use of appropriated funds for flyer and print and television advertisements (March 10, 2004) (source: GAO web site)

4. GAO Report 05-18R, Local Television Act: Status of Spending for Fiscal Year 2003  (October 15, 2004) (source: GAO web site)  

5. GAO Decision B-301022: Application of Anti-Lobbying Laws to the Office of National Drug Control Policy's Open Letter to State Level Prosecutors, (March 10, 2004) (source: GAO website)

[Text supplied by GPO]

Statement by the President
February 20, 2003


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

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

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

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

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

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

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

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

Furthermore, the duty of the President under section 586 of the Foreign Operations Appropriations Act to issue and provide copies of an order relating to consideration of the release of information is assigned to the Attorney General, who shall ensure that the section is implemented in a manner consistent with the President's constitutional authority to withhold information, the disclosure of which could impair foreign relations, national security, the deliberative processes of the Executive, or the performance of the Executive's constitutional duties.

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

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

• 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 - 39 WCPD 225 (2/24/03)
  
  2. PDF file from GPO - 39 WCPD 225 (2/24/03)
  

The law to which this signing statement applies is:

H.J.Res. 2, the Consolidated Appropriations Act for the fiscal year ending September 30, 2003 -- Public Law 108-7 -- 117 STAT 11

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 (556 pages)

Final Report prepared by the PL 107-9 Federal Inter-agency Working Group (January, 2003) (source: Department of Agriculture website)

 

GAO-02-183: Report to Congressional Requesters, Mad Cow Disease Improvements in the Animal Feed Ban and Other Regulatory Areas Would Strengthen U.S. Prevention Efforts (January, 2002 )

 

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

Statement by the President


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

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

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

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

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

• 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 - 39 WCPD 460 (4/28/03)
  
  2. PDF file from GPO - 39 WCPD 460 (4/28/03)
  

The law to which this signing statement applies is:

S. 380, the Postal Civil Service Retirement System Funding Reform Act of 2003 -- Public Law 108-18 -- 117 STAT 624

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
April 25, 2003

Statement by the President


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

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

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

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

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

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 - 39 WCPD 491 (5/5/03)

2. PDF file from GPO - 39 WCPD 491 (5/5/03)

The law to which this signing statement applies is:

H.R. 1584, the "Clean Diamond Trade Act" -- Public Law 108-19 -- 117 STAT 631

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 13312 of July 29, 2003, Implementing the Clean Diamond Trade Act: 68 Fed. Reg. 45151 (July 31, 2003)

 

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

President's Signing Statement


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

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

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

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

• 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 - 39 WCPD 504 (5/5/03)
  
  2. PDF file from GPO - 39 WCPD 504 (5/5/03)
  

The law to which this signing statement applies is:

S. 151, the "Prosecutorial Remedies and Other Tools to end the Exploitation of Children Today Act of 2003" -- Public Law 108-21 -- 117 STAT 650

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, S. 151 - Prosecutorial Remedies and Tools Against the Exploitation of Children Today Act of 2003 (February 24, 2003) (source: White House web site)

 

CRS Report for Congress RS21328, Internet: Status Report on Legislative Attempts to Protect Children from Unsuitable Material on the Web (January 30, 2006) (source: IP Mall, Pierce Law Center)

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

Statement by the President on Taiwan and WHO

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

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

• 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 - 39 WCPD 679 (6/2/03)
  
  2. PDF file from GPO - 39 WCPD 679 (6/2/03)

The law to which this signing statement applies is:

S. 243, an act concerning participation of Taiwan in the World Health Organization -- Public Law 108-28 -- 117 STAT 769

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
July 3, 2003

President Bush Signs the "Strengthen AmeriCorps Program Act"
Statement by the President

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

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

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

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

• 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 - 39 WCPD 876 (7/7/03)
  
  2. PDF file from GPO - 39 WCPD 876 (7/7/03)
  

The law to which this signing statement applies is:

S. 1276, the "Strengthen AmeriCorps Program Act" -- P.L. 108-45 -- 117 STAT 844

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
July 14, 2003

Statement on H.R. 2474
Statement by the President

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

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

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

• 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 - 39 WCPD 917 (7/21/03)
  
  2. PDF file from GPO - 39 WCPD 917 (7/21/03)
  

The law to which this signing statement applies is:

H.R. 2474, a bill permitting the Congressional Hunger Center to spend up to $3 million appropriated for fiscal years 2003 and 2004 to provide Bill Emerson and Mickey Leland Hunger Fellowships -- Public Law 108-58 -- 117 STAT 859

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
July 28, 2003

Statement on Burmese Democracy Act
Burmese Freedom and Democracy Act of 2003 and Executive Order
 

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

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

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

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

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

• 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 - 39 WCPD 990 (8/4/03)
  
  2. PDF file from GPO - 39 WCPD 990 (8/4/03)
  

The law to which this signing statement applies is:

H.R. 2330, the Burmese Freedom and Democracy Act of 2003 -- Public Law 108-61 -- 117 STAT 864

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 13310, Blocking Property of the Government of Burma and Prohibiting Certain Transactions (July 28, 2003): 68 Fed. Reg. 44853 (July 30, 2003)

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

Statement on H.R. 1412


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

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

• 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 - 39 WCPD 1081 (8/25/03)
  
  2. PDF file from GPO - 39 WCPD 1081 (8/25/03)
  

The law to which this signing statement applies is:

H.R. 1412, the "Higher Education Relief Opportunities for Students Act of 2003" -- Public Law 108-76 -- 117 STAT 904

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. 1412 – Higher Education Relief Opportunities for Students Act (April 1, 2003) (source: White House web site)

 

 

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

Statement on Prison Rape Elimination Act
Statement by the President

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

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

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

.

• 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 - 39 WCPD 1148 (9/8/03)
  
  2. PDF file from GPO - 39 WCPD 1148 (9/8/03)
  

The law to which this signing statement applies is:

S. 1435, the "Prison Rape Elimination Act of 2003" -- Public Law P.L. 108-79 -- 117 STAT 972

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
September 30, 2003

Statement by the President


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

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

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

• 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 - 39 WCPD 1287 (10/6/03)
  
  2. PDF file from GPO - 39 WCPD 1287 (10/6/03)
  

The law to which this signing statement applies is:

H.R. 2657, the "Legislative Branch Appropriations Act, 2004" -- Public Law 107-67 -- 117 STAT 1007

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 1, 2003

Statement by the President


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

Sections 8007 and 8103 of the Act prohibit the use of funds to initiate a special access program or to initiate a new start program, unless the congressional defense committees receive advance notice. The Supreme Court of the United States has stated that the President's authority to classify and control access to information bearing on the national security flows from the Constitution and does not depend upon a legislative grant of authority. Although the advance notice contemplated by sections 8007 and 8103 can be provided in most situations as a matter of comity, situations may arise, especially in wartime, in which the President must act promptly under his constitutional grants of executive power and authority as Commander in Chief of the Armed Forces while protecting certain extraordinarily sensitive national security information. The executive branch shall construe sections 8007 and 8103 in a manner consistent with the constitutional authority of the President.

Section 8065 of the Act provides that, notwithstanding any other provision of law, no funds available to the Department of Defense for fiscal year 2004 may be used to transfer defense articles or services, other than intelligence services, to another nation or an international organization for international peacekeeping, peace enforcement, or humanitarian assistance operations, until 15 days after the executive branch notifies six committees of the Congress of the planned transfer. To the extent that protection of the U.S. Armed Forces deployed for international peacekeeping, peace enforce-ment, or humanitarian assistance operations might require action of a kind covered by section 8065 sooner than 15 days after notification, the executive branch shall construe section 8065 in a manner consistent with the President's constitutional authority as Commander in Chief of the Armed Forces.

A proviso in the Act's appropriation for "Operation and Maintenance, Defense-Wide" prohibits implementation of and purports to prohibit planning for consolidation of certain offices within the Department of Defense. Also, sections 8010(b), 8041(b), and 8115 purport to specify the content of a portion of a future budget request to the Congress for the Department of Defense. The executive branch shall construe these provisions relating to planning and making of budget recommendations in a manner consistent with the President's constitutional authority to require the opinions of the heads of departments and to recommend for congressional consideration such measures as the President shall judge necessary and expedient.

Section 8005 of the Act relating to requests to congressional committees for reprogramming of funds shall be construed as calling solely for notification, as any other construction would be inconsistent with the principles enunciated by the Supreme Court in INS v. Chadha.

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

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

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

• 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 - 39 WCPD 1289 (10/6/03)
  
  2. PDF file from GPO - 39 WCPD 1289 (10/6/03)
  

The law to which this signing statement applies is:

H.R. 2658, the "Department of Defense Appropriations Act, 2004" -- Public Law 108-87 -- 117 STAT 1054

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. 2658 – Department of Defense Appropriations Bill, FY 2004 (July 8, 2003) (source: White House web site)

 

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

Statement by the President


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

The executive branch shall construe as calling solely for notification the provisions of the Act that purport to require congressional committee approval for the execution of a law. Any other construction would be inconsistent with the principles enunciated by the Supreme Court of the United States in 1983 in INS v. Chadha. Such provisions include the purported approval requirements in the appropriations for expenses for the development of the United States Visitor and Immigrant Status Indicator Technology project; customs and border protection automated systems; immigration and customs enforcement automated systems; operations, maintenance, and procurement of marine vessels, aircraft, and other related equipment of the air and marine program; expenses of the United States Secret Service; and also in sections 504, 511, and 516. To the extent that section 519 of the Act purports to allow an agent of the legislative branch to prevent implementation of the law unless the legislative agent reports to the Congress that the executive branch has met certain conditions, the executive branch shall construe such section as advisory, in accordance with the Chadha principles.

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

• 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 - 39 WCPD 1292 (10/6/03)
  
  2. PDF file from GPO - 39 WCPD 1292 (10/6/03)
  

The law to which this signing statement applies is:

H.R. 2555, the "Department of Homeland Security Appropriations Act, 2004" -- Public Law 108-90 -- 117 STAT 1137

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. 2555 – Department of Homeland Security Appropriations Bill, FY 2004 - (S) (July 21, 2003) (source: White House web site)

2. Statement of Administration Policy, H.R. 2555 – Department of Homeland Security Appropriations Bill, FY 2004 - (H) (June 26, 2003) (source: White House web site)

 

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

Statement on H.R. 1474
Statement by the President

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

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

• 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 - 39 WCPD 1485 (11/3/03)
  
  2. PDF file from GPO - 39 WCPD 1485 (11/3/03)
  

The law to which this signing statement applies is:

H.R. 1474, the "Check Clearing for the 21st Century Act" -- Public Law 108-100 -- 117 STAT 1177

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

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

Statement on H.R. 3289
Statement by the President


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

Sections 1108 and 1113 of the Act prohibit the use of appropriated funds for certain activities unless the congressional defense committees receive advance notice. Although such advance notice can be provided in most situations as a matter of comity, situations may arise in which the President must act promptly pursuant to his constitutional responsibilities while protecting certain extraordinarily sensitive national security information. The executive branch shall construe these sections in a manner consistent with the constitutional authority of the
President to classify and control access to information bearing on the national security.

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

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

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

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

Provisions of the Act that require disclosure of information, including section 3001(h)(4)(B) of the Act, shall be construed in a manner consistent with the President's constitutional authority to withhold information that could impair foreign relations, national security, the deliberative processes of the Executive, or the performance of the Executive's constitutional duties.

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

• 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 - 39 WCPD 1549 (11/10/03)
  
  2. PDF file from GPO - 39 WCPD 1549 (11/10/03)

The law to which this signing statement applies is:

H.R. 3289, the "Emergency Supplemental Appropriations Act for Defense and for the Reconstruction of Iraq and Afghanistan, 2004'' -- Public Law 108-106 -- 117 STAT 1209

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. 2004-51 of September 24, 2004, Determination to Make Available Assistance for Sudan, Memorandum for the Secretary of State[,] the Secretary of the Treasury[,] the Secretary of Defense[, and] the Administrator, United States Agency for International Development: 69 Fed. Reg. 58791 (September 30, 2004)

2. Presidential Determination No. 2004-43 of August 20, 2004, Determination to Make Available Assistance for Liberia, Memorandum for the Secretary of State[,] the Secretary of Defense[,] the Secretary of the Treasury[, and] the Administrator, United States Agency for International Development: 69 Fed. Reg. 52809 (August 30, 2004)

3. Memorandum of June 29, 2004, Administration of Certain Appropriations Relating to Iraq, Memorandum for the Secretary of State[,] the Secretary of Defense[, and] the Director of the Office of Management and Budget: 69 Fed. Reg. 40531 (July 2, 2004)

4. Presidential Determination No. 2004-25 of February 26, 2004, Determination that the Government of Pakistan is Cooperating with the United States in the Global War on Terrorism, Memorandum for the Secretary of State: 69 Fed. Reg. 10595 (March 8, 2004)

5. Presidential Determination No. 2004-23 of February 25, 2004, Determination Consistent with the Emergency Supplemental Appropriations Act for Defense and for the Reconstruction of Iraq and Afghanistan, 2004 (Public Law 108-106), to Make Available Assistance for Liberia, Memorandum for the Secretary of State[,] the Secretary of the Treasury[,] the Secretary of Defense[, and] the Administrator, United States Agency for International Development: 69 Fed. Reg. 9915 (March 3, 2004)

6. Memorandum of December 5, 2003, Transfer of Funds Appropriated to the President under the heading Operating Expenses of the Coalition Provisional Authority, and Delegation of the Functions of the President under the heading Iraq Relief and Reconstruction Fund, in the Emergency Supplemental Appropriations Act for Defense and for the Reconstruction of Iraq and Afghanistan, 2004, Memorandum for the Secretary of State[,] the Secretary of Defense[, and] the Director of the Office of Management and Budget: 69 Fed. Reg. 1645 (January 9, 2004)

7. Statement of Administration Policy, S. 1689 and H.R. 3289 - Making Emergency Supplemental Appropriations for Iraq and Afghanistan Security and Reconstruction for FY 2004, and for Other Purposes (October 16, 2003)

 

CRS Report for Congress RL33110, The Cost of Iraq, Afghanistan, and Other Global War on Terror Operations Since 9/11 (updated June 16, 2006) (source: Federation of American Scientists)

 

1. GAO Report 07-308SP to Congressional Leadership and Committees -- Securing, Stabilizing, and Rebuilding Iraq: Key Issues for Congressional Oversight (January 9, 2007) (source: GAO web site)

2. GAO Report to Congressional Committees GAO-07-40, Rebuilding Iraq:  Status of Competition for Iraq Reconstruction Contracts (October 6, 2006) (source: GAO web site) 

3. GAO 06-1094T, Testimony for the Subcommittee on National Security, Emerging Threats and International Relations; House Committee on Government Reform:  Stabilizing Iraq - An Assessment of the Security Situation,Statement for the Record by David M. Walker Comptroller General of the United States (September 11, 2006) (source: GAO web site)

4. GAO Report 06-762 to the Chairman, Subcommittee on National Security, Emerging Threats and International Relations, et alia: U.S. International Broadcasting - Management of Middle East Broadcasting Services Could Be Improved (August, 2006) (source: GAO web site)

5. 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. 108-106)

 

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

Statement on H.R. 2691
Statement by the President


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

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

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

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

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

• 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 - 39 WCPD 1576 (11/17/03)
  
  2. PDF file from GPO - 39 WCPD 1576 (11/17/03)

The law to which this signing statement applies is:

H.R 2691, the Department of the Interior and Related Agencies Appropriations Act, 2004 -- Public Law 108-108 -- 117 STAT 1241

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. 2691 – Department of the Interior and Related Agencies Appropriations Bill, FY 2004 (July 16, 2003) (source: White house web site)

 

 

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

Animal Drug User Fee Act of 2003
Statement by the President

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

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

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

• 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 - 39 WCPD 1644 (11/24/03)
  
  2. PDF file from GPO - 39 WCPD 1644 (11/24/03)
  

The law to which this signing statement applies is:

S. 313, the "Animal Drug User Fee Act of 2003" -- Public Law 108-130 -- 117 STAT 1361

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 22, 2003

President Signs Military Construction Appropriations Act
Statement by the President


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

Sections 107, 110, and 113 provide for notice to the Congress of relocation of activities between military installations, initiation of a new installation abroad, or U.S. military exercises involving $100,000 in construction costs. The Supreme Court of the United States has stated that the President's authority to classify and control access to information bearing on national security flows from the Constitution and does not depend upon a legislative grant of authority. Although notice can be provided in most situations as a matter of comity, situations may arise, especially in wartime, in which the President must act promptly under his constitutional grants of executive power and authority as Commander in Chief while protecting sensitive national security information. The executive branch shall construe these sections in a manner consistent with the constitutional authority of the President.

Section 119 provides for the Secretary of Defense to submit a report to Congress with details of proposed actions to encourage certain cooperating nations to assume a greater share of the common defense burden. Section 128 of the Act establishes a commission of eight congressionally-designated members to study the U.S. military facility structure overseas and provides for commission access to information. The executive branch shall construe sections 119 and 128 in a manner consistent with the President's constitutional authority to withhold information the disclosure of which could impair foreign relations, the national security, the deliberative processes of the Executive, or the performance of the Executive's constitutional duties.

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

• 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 - 39 WCPD 1680 (12/1/03)
  
  2. PDF file from GPO - 39 WCPD 1680 (12/1/03)

The law to which this signing statement applies is:

H.R. 2559, the "Military Construction Appropriations Act, 2004" -- Public Law 108-132 -- 117 STAT 1374

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. 2559 -Military Construction Appropriations Bill, FY 2004 (June 26, 2003) (source: White House web site)

 

1. Final Report of the Commission on Review of Overseas Military Facility Structure of the United States to the President and Congress August 15, 2005 (source:  web site of the Commission on Review of Overseas Military Facility Structure of the United States (www.obc.gov))

2. Amended Charter of the Commission on Review of Overseas Military Facility Structure of the United States (source: web site of the Commission on Review of Overseas Military Facility Structure of the United States (www.obc.gov))

3. Charter of the Commission on Review of Overseas Military Facility Structure of the United States (source: web site of the Commission on Review of Overseas Military Facility Structure of the United States (www.obc.gov))

 

 

GAO-06-913R, Report to Congressional Committees, Subject: DOD’s Overseas Infrastructure Master Plans Continue to Evolve  (August 22, 2006 ) (source: GAO web site)

 

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

President's Statement on National Defense Authorization Act


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

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

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

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

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

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

Several provisions of the Act, including sections 320(b)(5) and (e), 335, 528, 647(c)(2), 923(d)(1)(F), and 1051, call for executive branch officials to submit to the Congress proposals for legislation. These provisions shall be implemented in a manner consistent with the President's constitutional authority to supervise the unitary executive branch and to recommend for the consideration of the Congress such measures as the President judges necessary and expedient.

A number of provisions of the Act, including sections 111(c), 903, 924, 1202, 1204, 1442(b)(2)(C), 1504(b), and 2808, require the executive branch to furnish information to the Congress or other entities on various subjects. The executive branch shall construe such provisions in a manner consistent with the President's constitutional authority to withhold information the disclosure of which could impair foreign relations, national security, the deliberative processes of the Executive, or the performance of the Executive's constitutional duties.

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

• 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 - 39 WCPD 1683 (12/1/03)
  
  2. PDF file from GPO - 39 WCPD 1683 (12/1/03)

The law to which this signing statement applies is:

H.R. 1588, the National Defense Authorization Act for Fiscal Year 2004 -- Public Law 108-136 -- 117 STAT 1392

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 (436 pages)

1. Presidential Determination No. 2005-05 of October 20, 2004, Presidential Determination Relating to Obligation of Cooperative Threat Reduction Funds in Albania under Section 1308 of the National Defense Authorization Act for Fiscal Year 2004, Memorandum for the Secretary of State: 69 Fed. Reg. 63917 (November 3, 2004)

2. Presidential Determination No. 2005-04 of October 20, 2004, Presidential Determination on Use of Cooperative Threat Reduction Funds in Albania under Section 1308 of the National Defense Authorization Act for Fiscal Year 2004, Memorandum for the Secretary of State: 69 Fed. Reg. 63037 (October 28, 2004)

3. Memorandum of July 2, 2004, Delegation of Certain Reporting Authority, Memorandum for the Secretary of State: 69 Fed. Reg. 42087 (July 14, 2002)

4. Executive Order 13332 of March 3, 2004: Further Adjustment of Certain Rates of Pay: 69 Fed. Reg. 10891 (March 8, 2004)

5. Executive Order 13325 of January 23, 2004, Amendment to Executive Order 12293, the Foreign Service of the United States: 69 Fed. Reg. 4217 (January 28, 2004)

6. Executive Order 13322 of December 30, 2003, Adjustments of Certain Rates of Pay: 69 Fed. Reg. 231 (January 2, 2004)

7. Presidential Determination No. 2004-10 of December 6, 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. 74455 (December 23, 2003)

8. Statement of Administration Policy, H.R. 1588 -National Defense Authorization Act for Fiscal Year 2004 (May 22, 2003) (source: White House web site)

 

GAO Report 06-914  to Congressional Committees:  Defense Infrastructure - Actions Taken to Improve the Management of Utility Privatization, but Some Concerns Remain (September 5, 2006) (source: GAO web site)

 

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

Statement on H.R. 2754
Statement by the President

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

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

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

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

• 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 - 39 WCPD 1732 (12/8/03)
  
  2. PDF file from GPO - 39 WCPD 1732 (12/8/03)

The law to which this signing statement applies is:

H.R. 2754 , the "Energy and Water Development Appropriations Act, 2004" -- Public Law 108-137 -- 117 STAT 1827

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. 2754 – Energy and Water Development Appropriations Bill, FY 2004 (July 18, 2003)

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

Statement on S. 189
Statement by the President
 

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

Several provisions of the Act, including sections 2(d)(2), 3(c)(1), 4(d), and 5(d), purport to call for executive branch officials to submit to the Congress proposals for legislation, including funding legislation. The executive branch shall implement these provisions in a manner consistent with the President's constitutional authority to supervise the unitary executive branch and to recommend for the consideration of the Congress such measures as the President judges necessary and expedient.

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

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

• 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 - 39 WCPD 1744 (12/8/03)
  
  2. PDF file from GPO - 39 WCPD 1744 (12/8/03)

The law to which this signing statement applies is:

S. 189, the "21st Century Nanotechnology Research and Development Act" -- Public Law 108-153 -- 117 STAT 1923

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 13349 of July 23, 2004, Amending Executive Order 13226 To Designate the President's Council of Advisors on Science and Technology To Serve as the National Nanotechnology Advisory Panel: 69 Fed. Reg. 44891 (July 27, 2004)

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

Statement by President on H.R. 1
Statement by the President

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

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

Section 802 of the Act calls for the President to submit to the Congress proposals for legislation in the event that a Medicare funding warning is issued under section 801(a)(2). Many other provisions in the Act, including sections 101(b), 109(d)(2), 410A(e), 434(f), 507(c)(3), 645(a)(2), 649(g), 651(d)(2), 911(f), and 1014(o), also call for executive branch officials to submit to the Congress proposals for legislation. The executive branch shall construe these provisions in a manner consistent with the President's constitutional authority to supervise the unitary executive branch and to recommend for the consideration of the Congress such measures as the President judges necessary and expedient.

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

• 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 - 39 WCPD 1774 (12/15/03)
  
  2. PDF file from GPO - 39 WCPD 1774 (12/15/03)

The law to which this signing statement applies is:

H.R. 1, the "Medicare Prescription Drug, Improvement, and Modernization Act of 2003" -- Public Law 108-173 -- 117 STAT 2066

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 (416 pages)

Statement of Administration Policy, H.R. 1 -Medicare Prescription Drug and Modernization Act of 2003  (June 26, 2003) (source: White House website)

 

Department of Justice, Office of Legal Counsel, Memorandum Opinion, "Expenditure of Appropriated Funds For Informational Video News Releases” (Informational video news releases produced by the Department of Health and Human Services regarding the Medicare Prescription Drug, Improvement, and Modernization Act of 2003 do not constitute impermissible "covert propaganda" in violation of the Consolidated Appropriations Resolution, 2003, which forbids the expenditure of appropriated funds for "publicity or propaganda purposes," (July 30, 2004) (archived copy - DOJ HTML file converted to PDF)

1. GAO Report 07-358T: Prescription Drugs: An Overview of Approaches to Negotiate Drug Prices Used by Other Countries and U.S. Private Payers and Federal Programs, Statement of John E. Dicken Director, Health Care,  Testimony Before the Committee on Finance, U.S. Senate (January 11, 2007) (source: GAO website)

2. GAO Report to the Chairman, Committee on Finance, U.S. Senate GAO-06-813 --Medicare Integrity Program: Agency Approach for Allocating Funds Should Be Revised (September 6, 2006) (source: GAO website)

3. Medicare Physician Services: Use of Services Increasing Nationwide and Relatively Few Beneficiaries Report Major Access Problems GAO-06-704 (July 21, 2006) (source: GAO website)

4. GAO Report 05-45, Medicare: Incomplete Plan to Transfer Appeals Workload from SSA to HHS Threatens Service to Appellants  (October 4, 2004) (source: GAO website) 

5. GAO Decision B-302504: Medicare Prescription Drug, Improvement, and Modernization Act of 2003-Use of appropriated funds for flyer and print and television advertisements (March 10, 2004) (source: GAO website) 

 

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

Statement by the President on H.R. 2115
Statement by the President

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

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

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

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

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

The executive branch shall construe the provisions of section 411(i) of the Act, concerning the provision of executive branch information and records to the National Commission on Small Community Air Service, in a manner consistent with the President's constitutional authority to withhold information the disclosure of which could impair the foreign relations, the national security, the deliberative processes of the Executive, or the performance of the Executive's constitutional duties.

The executive branch shall construe and implement section 46111 of title 49, as enacted by section 601(a) of the Act, relating to access to and use of classified information, in a manner consistent with the President's constitutional authority to classify and control access to information bearing on the national security.

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

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

The executive branch shall construe as advisory the provisions of section 812(a) of the Act that purport to direct or burden the conduct of negotiations by the executive branch with foreign governments, international organizations, or other entities abroad. Such provisions, if construed as mandatory rather than advisory, would impermissibly interfere with the President's constitutional authority to conduct the Nation's foreign affairs, participate in international negotiations, and supervise the unitary executive branch.

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

• 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 - 39 WCPD 1795 (12/22/03)
  
  2. PDF file from GPO - 39 WCPD 1795 (12/22/03)

The law to which this signing statement applies is:

H.R. 2115, the "Vision 100 -- Century of Aviation Reauthorization Act" -- Public Law 108-176 -- 117 STAT 2490

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. 2115 -- Flight 100 - Century of Aviation Reauthorization Act (June 11, 2003) (source: White House website)

Next Generation Air Transportation System: Preliminary Analysis of Progress and Challenges Associated with the Transformation of the National Airspace System GAO-06-915T, (July 25, 2006)

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

Statement by the President on H.R. 1828
Statement by the President

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

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

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

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

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

• 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 - 39 WCPD 1795 (12/22/03)
  
  2. PDF file from GPO - 39 WCPD 1795 (12/22/03)

The law to which this signing statement applies is:

H.R. 1828, the "Syria Accountability and Lebanese Sovereignty Restoration Act of 2003" -- Public Law 108-175 -- 117 STAT 2482

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. Notice of May 8, 2006, Continuation of the National Emergency Blocking Property of Certain Persons and Prohibiting the Export of Certain Goods to Syria: 71 Fed. Reg. 27381 (May 10, 2006)

2. Notice of May 5, 2005, Continuation of the National Emergency Blocking Property of Certain Persons and Prohibiting the Export of Certain Goods to Syria: 70 Fed. Reg. 24697 (May 10, 2005)

3. Executive Order 13338 of May 11, 2004, Blocking Property of Certain Persons and Prohibiting the Export of Certain Goods to Syria: 69 Fed. Reg. 26751 (May 13, 2004)

 

Department of the Treasury, Office of Foreign Assets Control, Additional Designation of Individuals Pursuant to Executive Order 13338: 71 Fed. Reg. 48974 (August 22, 2006)

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

 

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

Statement on H.R. 2417
Statement by the President

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

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

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

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

Many provisions of the Act, including section 106 and subtitle D of title III of the Act, seek to require the executive branch to furnish information to the Congress on various subjects. The executive branch shall construe the provisions in a manner consistent with the President's constitutional authority to withhold information the disclosure of which could impair foreign relations, national security, the deliberative processes of the Executive, or the performance of the Executive's constitutional duties.

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

Section 502 purports to place restrictions on use of the U.S. Armed Forces and other personnel in certain operations. The executive branch shall construe the restrictions -in section 502 as advisory in nature, so that the provisions are consistent with the President's constitutional authority as Commander in Chief, including for the conduct of intelligence operations, and to supervise the unitary executive branch.

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

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

• 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 - 39 WCPD 1798 (12/22/03)
  
  2. PDF file from GPO - 39 WCPD 1798 (12/22/03)

The law to which this signing statement applies is:

H.R. 2417, the "Intelligence Authorization Act for Fiscal Year 2004" -- Public Law 108-177 -- 117 STAT 2599

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

CRS Report for Congress RL31555, China and Proliferation of Weapons of MassDestruction and Missiles: Policy Issues (updated August 2, 2006) (source U.S. State Department web site)

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

Statement by the President on S. 1680
Statement by the President

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

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

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

• 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 - 39 WCPD 1836 (12/29/03)
  
  2. PDF file from GPO - 39 WCPD 1836 (12/29/03)

The law to which this signing statement applies is:

S. 1680, the "Defense Production Reauthorization Act of 2003" -- Public Law 108-195 -- 117 STAT 2892

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
December 19, 2003

Statement by the President


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

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

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

• 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 - 39 WCPD 1836 (12/29/03)
  
  2. PDF file from GPO - 39 WCPD 1836 (12/29/03)

The law to which this signing statement applies is:

S. 1683, the "Federal Law Enforcement Pay and Benefits Parity Act of 2003" -- Public Law 108-196 -- 117 STAT 2896

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

Office of Personnel Management, Federal Law Enforcement Pay and Benefits, Report to Congress (July, 2004) (filed with Congress as required by P.L. 108-196 but cites President Bush's signing statement for P.L. 108-196 and notes: "The Office of Management and Budget advises that there is no objection from the standpoint of the Administration's program to the submission of this report.") (source: OPM web site)