Presidential Signing Statements

For Immediate Release
Office of the Press Secretary
January 23, 2004

Statement on H.R. 2673
Statement by the President

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

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

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

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

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

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

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

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

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

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

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

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

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

• 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 - 40 WCPD 137 (2/2/04)
  
  2. PDF file from GPO - 40 WCPD 137 (2/2/04)
  

The law to which this signing statement applies is:

H.R. 2673, the "Consolidated Appropriations Act, 2004" -- Public Law 108-199 -- 118 STAT 3

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 (455 pages)

 

1. Memorandum of March 31, 2005, Assignment of Function to Submit a Report Relating to Millennium  Challenge Corporation Activities, Memorandum for the Secretary of State ("The Secretary of State shall perform such function 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."): 70 Fed. Reg. 17193 (April 4, 2005)

2. Memorandum of December 8, 2004, Assignment of Functions Implementing the HELP Commission Act, Memorandum for the Secretary of State [and] the Administrator of the United States Agency for International Development: 69 Fed. Reg. 78847 (December 30, 2004)

3. Presidential Determination No. 2005-10 of December 8, 2004, Waiver of Restrictions on Providing Funds to the Palestinian Authority, Memorandum for the Secretary of State: 69 Fed. Reg. 78849 (December 30, 2004)

4. Presidential Determination No. 2005-02 of October 14, 2004, Waiver and Certification of Statutory Provisions Regarding the Palestine Liberation Organization, Memorandum for the Secretary of State: 69 Fed Reg. 62795 (October 27, 2004)

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

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

7. Statement of Administration Policy, H.R. 2673 – Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Bill, FY 2004 (July 14, 2003) (source: White House web site)

 

Department of Justice, Office of Legal Counsel, Memorandum Opinion: "Authority of Agency Officials to Prohibit Employees from Providing Information to Congress" (Consistent with longstanding Executive Branch positions, Department of Health and Human Services officials have the authority to prohibit officers or employees of the Department from providing information to Congress.") (May 21, 2004) (source: Department of Justice web site) (archived copy - DOJ HTML document converted to PDF)

 

1. CRS Report for Congress RL32048: Iran: U.S. Concerns and Policy Responses (updated January 5, 2007) (source: U.S. State Department web site)

2. CRS Report for Congress RL32048, Iran: U.S. Concerns and Policy Responses (updated August 25, 2006) (source: U.S. State Department web site)

3. CRS Memo ON M-042604: Agency Prohibiting a Federal Officer from Providing Accurate Cost Information to the United States Congress (addressing "whether officials in a federal agency may lawfully prohibit, prevent and/or restrain another agency, official from providing cost information to the United States Congress, or to a committee or a requesting Member of the Congress") (April 26, 2004) (source: University of North Texas)

4. CRS Report for Congress OC-RL30240, Congressional Oversight Manual (updated October 21, 2004) (discussing provisions and mechanisms for Congressional oversight in laws such as P.L.108-199 and powers of Inspector General) (source: University of North Texas)

5. CRS Report for Congress 97-936, Congressional Oversight (updated January 3, 2006) (source: University of North Texas)

1. GAO Decision B-305368: Subject: Department of Education—Contract to Obtain Services of Armstrong Williams (September 30, 2005) (source: GAO web site)

2. GAO Decision B-304228, Department of Education--No Child Left Behind Act Video News Release and Media Analysis  (September 30, 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)

 

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

President's Statement on S. 610, the NASA Flexibility Act of 2004

 

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

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

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

• 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 - 40 WCPD 278 (3/1/04)
  
  2. PDF file from GPO - 40 WCPD 278 (3/1/04)
  

The law to which this signing statement applies is:

S. 610, the "NASA Flexibility Act of 2004" -- Public Law 108-201 -- 118 STAT 461

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 5, 2004

Statement by the President on H.R. 254
Statement by the President

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

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

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

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

• 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 - 40 WCPD 550 (4/12/04)
  
  2. PDF file from GPO - 40 WCPD 550 (4/12/04)
  

The law to which this signing statement applies is:

H.R. 254, an act authorizing the President of the U.S. to agree to certain amendments to the Agreement between U.S. the Government of the United Mexican States concerning establishment of a Border Environment Cooperation Commission and a North American Development Bank -- Public Law 108-215 -- 118 STAT 579

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. 254 -North American Development Bank and Border Environment Cooperation Commission Authorization (February 26, 2003) (source: White House web site)

 

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

Statement by the President on H.R. 2584


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

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

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

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 - 40 WCPD 579 (4/19/04)

2. PDF file from GPO - 40 WCPD 579 (4/19/04)

The law to which this signing statement applies is:

H.R. 2584, a bill to provide for the conveyance to the Utrok Atoll local government of a decommissioned NOAA ship -- Public Law 108-219 -- 118 STAT 615

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

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

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

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

Statement by the President on S. 2092, an Act concerning participation of Taiwan in the WHO


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

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

• 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 - 40 WCPD 1070 (6/21/04)
  
  2. PDF file from GPO - 40 WCPD 1070 (6/21/04)
  

The law to which this signing statement applies is:

S. 2092, an Act concerning participation of Taiwan in the WHO -- Public Law 108-235 -- 118 STAT 656

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 2, 2004

Statement on H.R. 4322


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

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

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

• 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 - 40 WCPD 1194 (7/5/04)
  
  2. PDF file from GPO - 40 WCPD 1194 (7/5/04)

The law to which this signing statement applies is:

H.R. 4322, an Act to transfer the Nebraska Avenue Naval Complex in the District of Columbia to facilitate the establishment of the headquarters for the Department of Homeland Security, to provide for acquisition by the Department of the Navy of suitable replacement facilities, and for other purposes -- Public Law 108-268 -- 118 STAT 799

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
August 5, 2004

President's Statement on Signing the Department of Defense Appropriations Act, 2005


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

Sections 8007, 8011, and 8106 of the Act prohibit the use of funds to initiate a special access program, a new overseas installation, or a new start program, unless the congressional defense committees receive advance notice. The Supreme Court of the United States has stated that the President's authority to classify and control access to information bearing on the national security flows from the Constitution and does not depend upon a legislative grant of authority. Although the advance notice contemplated by sections 8007, 8011, and 8106 can be provided in most situations as a matter of comity, situations may arise, especially in wartime, in which the President must act promptly under his constitutional grants of executive power and authority as Commander in Chief of the Armed Forces while protecting certain extraordinarily sensitive national security information. The executive branch shall construe sections 8007, 8011, and 8106 in a manner consistent with the constitutional authority of the President.

Section 8064 of the Act provides that, notwithstanding any other provision of law, no funds available to the Department of Defense for FY 2005 may be used to transfer defense articles or services, other than intelligence services, to another nation or an international organization for international peacekeeping, peace enforcement, or humanitarian assistance operations, until 15 days after the executive branch notifies 6 committees of the Congress of the planned transfer. To the extent that protection of the U.S. Armed Forces deployed for international peacekeeping, peace enforcement, or humanitarian assistance operations might require action of a kind covered by section 8064 sooner than 15 days after notification, the executive branch shall construe section 8064 in a manner consistent with the President's constitutional authority as Commander in Chief.

A proviso in the Act's appropriation for "Operation and Maintenance, Defense-Wide" purports to prohibit planning for consolidation of certain offices within the Department of Defense. Also, sections 8010(b), 8036, 8041(b), 8110, and 8116 purport to specify the content of a portion of a future budget request to the Congress for the Department. The executive branch shall construe these provisions relating to planning and making of budget recommendations in a manner consistent with the President's constitutional authority to require the opinions of the heads of departments and to recommend for congressional consideration such measures as the President shall judge necessary and expedient.

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

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

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

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

• 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 - 40 WCPD 1453 (8/9/04)
  
  2. PDF file from GPO - 40 WCPD 1453 (8/9/04)
  

The law to which this signing statement applies is:

H.R. 4613, the "Department of Defense Appropriations Act, 2005" -- Public Law 108-287 -- 118 STAT 951

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

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

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

1. Memorandum of May 13, 2005, Assignment of Function to Submit a Report to the Congress, Memorandum for the Director of the Office of Management and Budget: 70 Fed. Reg. 29431 (May 20, 2005)

2. Statement of Administration Policy, H.R. 4613 – Department of Defense Appropriations Bill, FY 2005 (June 24, 2004) (source: White House web site)

 

 

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

 

GAO Appropriations Decision B-305494, Department of Defense -- Obligation of Chemical Weapons Demilitarization Funds, March 27, 2006

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

President's Statement on H.R. 2443, the Coast Guard and Maritime Transportation Act of 2004


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

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

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

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

• 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 - 40 WCPD 1518 (8/16/04)
  
  2. PDF file from GPO - 40 WCPD 1518 (8/16/04)
  

The law to which this signing statement applies is:

H.R. 2443, the "Coast Guard and Maritime Transportation Act of 2004" -- Public Law 108-293 -- 118 STAT 1028

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 14, 2004

President's Statement on H.R. 4837, "Military Construction Appropriations and Emergency Hurricane Supplemental Appropriations Act, 2005"


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

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

Section 128 of the Act purports to require Department of Defense officials to respond in writing within 21 days to any question or inquiry from the congressional military construction appropriations subcommittees. The executive branch shall construe section 128 in a manner consistent with the President's constitutional authority to supervise the unitary executive branch and to withhold information the disclosure of which could impair foreign relations, the national security, the deliberative processes of the Executive, or the performance of the Executive's constitutional duties.

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

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

• 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 - 40 WCPD 2385 (10/18/04)
  
  2. PDF file from GPO - 40 WCPD 2385 (10/18/04)
  

The law to which this signing statement applies is:

H.R. 4837, the "Military Construction Appropriations and Emergency Hurricane Supplemental Appropriations Act, 2005" -- Public Law 108-324 -- 118 STAT 1220

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

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

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

1. Memorandum for the Director of OMB, July 30, 2005 (SUBJECT: Assignment of Functions Relating to Certain Funding for Unanticipated Needs) 70 Fed. Reg. 46741 (August 11, 2005)

2. Statement of Administration Policy, H.R. 4837 – Military Construction Appropriations Bill, FY 2005 (July 16, 2004) (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-05-860R, Letter to Congress, Small Business Participation in the Alaska Natural Gas Pipeline Project (August, 2005)

 

 

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

Statement on H.R. 4850, the District of Columbia Appropriations Act, 2005


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

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

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

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

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

• 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 - 40 WCPD 2454 (10/25/04)
  
  2. PDF file from GPO - 40 WCPD 2454 (10/25/04)
  

The law to which this signing statement applies is:

H.R. 4850, the "District of Columbia Appropriations Act, 2005" -- Public Law 108-335 -- 118 STAT 1322

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. 4850 – District of Columbia Appropriations Bill, FY 2005 (July 20, 2004) (source: White House web site)

 

 

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

Statement on H.R. 4011, the "North Korean Human Rights Act of 2004"


Today, I have signed into law H.R. 4011, the "North Korean Human Rights Act of 2004." The Act is intended to help promote human rights and freedom in the Democratic People's Republic of Korea.

Section 107 of the Act purports to direct negotiations with foreign governments and international organizations. The executive branch shall implement section 107 in a manner consistent with the Constitution's grant to the President of the authority to conduct the foreign affairs of the United States.

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

• 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 - 40 WCPD 2453 (10/25/04)
  
  2. PDF file from GPO - 40 WCPD 2453 (10/25/04)
  

The law to which this signing statement applies is:

H.R. 4011, the "North Korean Human Rights Act of 2004" -- Public Law 108-333 -- 118 STAT 1287

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 18, 2004

Statement on H.R. 4567, the Department of Homeland Security Appropriations Act, 2005


Today, I have signed into law H.R. 4567, the "Department of Homeland Security Appropriations Act, 2005." The Act provides funds to protect the United States against terrorism and to carry out other departmental functions.

The executive branch shall construe as calling solely for notification the provisions of the Act that purport to require congressional committee approval for the execution of a law. Any other construction would be inconsistent with the principles enunciated by the Supreme Court of the United States in INS v. Chadha. Such provisions include the purported approval requirements in the appropriations for expenses for the development of the United States Visitor and Immigrant Status Indicator Technology project; customs and border protection automated systems; immigration and customs enforcement automated systems; operations, maintenance, and procurement of marine vessels, aircraft, and other related equipment of the air and marine program; United States Secret Service protective travel; and in sections 504 relating to unobligated balances, 508 relating to training facilities, and 510 relating to prospectuses.

Under the heading "Customs and Border Protection," the Act purports to require the Bureau of Customs and Border Protection to relocate its tactical checkpoints in the Tucson, Arizona, sector at least an average of once every 14 days. Decisions on deployment and redeployment of law enforcement officers in the execution of the laws are a part of the executive power vested in the President by Article II of the Constitution. Accordingly, the executive branch shall construe the relocation provision as advisory rather than mandatory.

The executive branch shall construe the provision relating to the Coast Guard under the heading "Acquisition, Construction, and Improvements" that purports to require inclusion of an amount for a particular purpose in the President's proposed budget for fiscal year 2006, in a manner consistent with the President's exclusive authority under the Constitution to recommend for the consideration of the Congress such measures, including proposals for appropriations, as the President judges necessary and expedient.

To the extent that provisions of the Act, including section 514, call for submission of legislative recommendations to the Congress, the executive branch shall construe such provisions in a manner consistent with the President's constitutional authority to supervise the unitary executive branch and to recommend for the consideration of the Congress such measures as the President shall judge necessary and expedient. Accordingly, the affected departments and agencies shall ensure that any reports or recommendations submitted to the Congress are subjected to appropriate executive branch review.

Section 518 of the Act purports to direct the conduct of security and suitability investigations. To the extent that section 518 relates to access to classified national security information, the executive branch shall construe this provision in a manner consistent with the President's exclusive constitutional authority, as head of the unitary executive branch and as Commander in Chief, to classify and control access to national security information and to determine whether an individual is suitable to occupy a position in the executive branch with access to such information.

To the extent that section 522 of the Act purports to allow an agent of the legislative branch to prevent implementation of the law unless the legislative agent reports to the Congress that the executive branch has met certain conditions, the executive branch shall construe such section as advisory, in accordance with the constitutional principles enumerated in the Chadha decision.

As is consistent with the text of the Act, the executive branch shall construe section 528 as relating to the integrity and supervision of the United States Secret Service only within the Department of Homeland Security. The executive branch therefore shall construe section 528 neither to affect the functions and supervision of personnel of the Secret Service assigned or detailed to duty outside the Department of Homeland Security nor to limit participation by the Secret Service in cooperative command and other arrangements with other governmental entities for the conduct of particular operations.

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

• 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 - 40 WCPD 2453 (10/25/04)
  
  2. PDF file from GPO - 40 WCPD 2453 (10/25/04)
  

The law to which this signing statement applies is:

H.R. 4567, the "Department of Homeland Security Appropriations Act, 2005" -- Public Law 108-334 -- 118 STAT 1298

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. 4567 – Department of Homeland Security Appropriations Bill, FY 2005 (June 17, 2004) (source: White House web site)

GAO-06-663R, Response to the conference report directing GAO to review the validity of the threat and risk factors used by DHS to allocate discretionary grants to nonprofit organizations in fiscal years 2003, 2004, and 2005 (Subject: Homeland Security Assistance for Nonprofits: Department of Homeland Security Delegated Selection of Nonprofits to Selected States and States Used a Variety of Approaches to Determine Awards) (May 22, 2006) (source: GAO website)

 

 

For Immediate Release
Office of the Press secretary
October 20, 2004

Statement on Signing the Belarus Democracy Act of 2004
October 20, 2004


The Belarus Democracy Act of 2004, which I signed into law earlier today, will help the cause of freedom in Belarus. This bipartisan legislation demonstrates America's deep concern over events in Belarus and a commitment to sustain those Belarusians who must labor in the shadows to return freedom to their country.

At a time when freedom is advancing around the world, Aleksandr Lukashenka and his Government are turning Belarus into a regime of repression in the heart of Europe, its Government isolated from its neighbors and its people isolated from each other. We will work with our allies and partners to assist those seeking to return Belarus to its rightful place among the Euro-Atlantic community of democracies. There is no place in a Europe whole and free for a regime of this kind.

On October 17, Mr. Lukashenka claimed victory for referendum results that swept away constitutional limits on his term in office. The referendum campaign and concurrent Parliamentary elections were conducted in a climate of abuse and fear. OSCE and other observers have determined that this victory was achieved by fraudulent means.

These actions are the latest in a series of measures designed to stifle independent voices within Belarus. Since 2001, Belarusian authorities have systematically repressed independent media, trade unions, civic organizations, and religious congregations. The Lukashenka regime has repeatedly responded to the peaceful expression of opposition with beatings, arrests and, in a number of cases, the disappearance of opposition leaders.

The Belarus Democracy Act will help us support those within Belarus who are working toward democracy. We welcome this legislation as a means to bolster friends of freedom and to nurture the growth of democratic values, habits, and institutions within Belarus. The fate of Belarus will rest not with a dictator, but with the students, trade unionists, civic and religious leaders, journalists, and all citizens of Belarus claiming freedom for their nation.

• 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 - 40 WCPD 2502 (10/25/04)
  
  2. PDF file from GPO - 40 WCPD 2502 (10/25/04)
  

The law to which this signing statement applies is:

H.R. 854, the Belarus Democracy Act of 2004 -- Public Law 108-347 -- 118 STAT 1383

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

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

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

For Immediate Release
Office of the Press Secretary
October 29, 2004

President's Statement on the Ronald Reagan National Defense Authorization Act, 2005


Today, I have signed into law H.R. 4200, the "Ronald W. Reagan National Defense Authorization Act for Fiscal Year 2005." The Act authorizes funding for defense of the United States and its interests abroad, for military construction, and for national security-related energy programs.

Section 326 of the Act, amending sections 3551, 3552, and 3553 of title 31, United States Code, purports to require an executive branch official to file with the Comptroller General a protest of a proposed contract for private sector performance of agency functions previously performed at higher cost by Federal employees, whenever a majority of those Federal employees so requests, unless the official determines, free from any adminis-trative review, that no reasonable basis exists for the protest. The executive branch shall construe section 326 in a manner consistent with the President's constitutional authority to supervise the unitary executive branch, including the making of determinations under section 326.

Section 574 of the Act amends sections 3037, 5046, 5148, and 8037 of title 10, United States Code, to prohibit Department of Defense personnel from interfering with the ability of a military department judge advocate general, and the staff judge advocate to the Commandant of the Marine Corps, to give independent legal advice to the head of a military department or chief of a military service or with the ability of judge advocates assigned to military units to give independent legal advice to unit commanders. The executive branch shall construe section 574 in a manner consistent with: (1) the President's constitutional authorities to take care that the laws be faithfully executed, to supervise the unitary executive branch, and as Commander in Chief; (2) the statutory grant to the Secretary of Defense of authority, direction, and control over the Department of Defense (10 U.S.C. 113(b)); (3) the exercise of statutory authority by the Attorney General (28 U.S.C. 512 and 513) and the general counsel of the Department of Defense as its chief legal officer (10 U.S.C. 140) to render legal opinions that bind all civilian and military attorneys within the Department of Defense; and (4) the exercise of authority under the statutes (10 U.S.C. 3019, 5019, and 8019) by which the heads of the military departments may prescribe the functions of their respective general counsels.

The executive branch shall construe section 1021, purporting to place restrictions on the use of the U.S. Armed Forces in certain operations, and sections 1092 and 1205, relating to captured personnel and to contractor support personnel, in a manner consistent with the President's constitutional authority as Commander in Chief and to supervise the unitary executive branch.

Section 1203 of the Act creates a Special Inspector General for Iraq Reconstruction, under the joint authority of the Secretaries of State and Defense, as a successor to the Inspector General of the Coalition Provisional Authority under title III of Public Law 108-106. Title III as amended by section 1203 shall be construed in a manner consistent with the President's constitutional authorities to conduct the Nation's foreign affairs, to supervise the unitary executive branch, and as Commander in Chief of the Armed Forces. The Special Inspector General shall refrain from initiating, carrying out, or completing an audit or investigation, or from issuing a subpoena, which requires access to sensitive operation plans, intelligence matters, counter-intelligence matters, ongoing criminal investigations by administrative units of the Department of Defense related to national security, or other matters the disclosure of which would constitute a serious threat to national security. The Secretary of State and the Secretary of Defense jointly may make exceptions to the foregoing direction in the public interest.

The executive branch shall construe as advisory section 1207(b)(1) of the Act, which purports to direct an executive branch official to use the U.S. voice and vote in an international organization to achieve specified foreign policy objectives, as any other construction would impermissibly interfere with the President's constitutional authorities to conduct the Nation's foreign affairs and supervise the unitary executive branch. The executive branch also shall construe the phrase "generally recognized principles of international law" in sections 1402(c) and 1406(b) to refer to customary international law as determined by the President for the Nation, as is consistent with the President's constitutional authority to conduct the Nation's foreign affairs.

The executive branch shall construe section 3147 of the Act, relating to availability of certain funds if the Government decides to settle certain lawsuits, in a manner consistent with the Constitution's commitment to the President of the executive power and the authority to take care that the laws be faithfully executed, including through litigation and decisions whether to settle litigation.

Several provisions of the Act, including sections 315, 343(2) amending section 391 of Public Law 105-85, 506(b), 517(c), 571(b), 574(d)(8), 576(c), 577(c), 643(c) and (e), 651(g)(2), 666(c), 841(c), 3114(d)(2), and 3142(c) call for executive branch officials to submit to the Congress proposals for legislation. The executive branch shall implement these provisions in a manner consistent with the President's constitutional authority to supervise the unitary executive branch and to recommend for the consideration of the Congress such measures as the President judges necessary and expedient. Also, the executive branch shall construe section 1511(d) of the Act, which purports to make consultation with specified Members of Congress a precondition to the execution of the law, as calling for, but not mandating such consultation, as is consistent with the Constitution's provisions concerning the separate powers of the Congress to legislate and the President to execute the laws.

A number of provisions of the Act, including sections 112(b)(6), 213(c), 513(e)(1), 912(d), 1021(f), 1022(b), 1042, 1047, 1202, 1204, 1207(c) and (d)(2), 1208, 1214, and 3166(a) amending section 3624 in Public Law 106-398, call for the executive branch to furnish information to the Congress, a legislative agent, or other entities on various subjects. The executive branch shall construe such provisions in a manner consistent with the President's constitutional authority to withhold information the disclosure of which could impair foreign relations, national security, the deliberative processes of the Executive, or the performance of the Executive's constitutional duties.

Section 3161 expands the categories of atomic weapons industry employees who may receive direct compensation from the United States for their work-related illnesses. As a result, some claimants from the private sector who have occupationally caused asbestos-related diseases may be able to receive direct Federal compensation under the Energy Employees Occupational Illness Compensation Act Program. As a general matter, Federal taxpayers should bear no additional burdens arising from the tort liabilities of private sector defendants, including contractors of the United States. The limited extension of Federal responsibility here is unique because it is solely a replacement for no-fault workers' compensation payments not otherwise available, in the unique situation in which the Federal Government may have encouraged its contractors to resist workers' compensation claims brought by atomic weapons industry employees with occupational illnesses.

GEORGE W. BUSH
THE WHITE HOUSE,
October 28, 2004.

• 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 - 40 WCPD 2673 (11/1/04)
  
  2. PDF file from GPO - 40 WCPD 2673 (11/1/04)
  

The law to which this signing statement applies is:

H.R. 4200, the "Ronald W. Reagan National Defense Authorization Act for Fiscal Year 2005" -- Public Law 108-375 -- 118 STAT 1811

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 (389 pages)

1. Memorandum for the Secretary of State, Presidential Determination No. 2006-6 (SUBJECT: Waiver of Conditions on Obligation and Expenditure of Funds for Planning, Design, and Construction of a Chemical Weapons Destruction Facility in Russia for Calendar Year 2006): 71 Fed. Reg, 1469 (January 9, 2006)

2. Executive Order 13368 of December 30, 2004, Adjustments of Certain Rates of Pay: 70 Fed. Reg. 1147 (January 5, 2005)

3. Statement of Administration Policy RE: H.R. 4200 - National Defense Authorization Act for Fiscal Year 2005 (May 19, 2004) (source: White House website) (contains reference to the unitary executive)

4. Presidential Determination No. 2005-07 of November 29, 2004, 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: 69 Fed. Reg. 72109 (December 13, 2004)

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

 

Department of Justice, Office of Legal Counsel, Memorandum: "Authority Under the Defense Base Closure and Realignment Act to Close or Realign National Guard Installations Without the Consent of State Governors," (August 10, 2005) (source: Department of Justice website)

GAO Report to Congressional Requesters B-309928, Presidential Signing Statements--Agency Implementation of Ten Provisions of Law (December 20, 2007) (abstract at GAO website) (discusses signing statement for P.L. 108-375)

[Text supplied by the GPO]

Statement on Signing the Ronald W. Reagan National Defense Authorization Act for Fiscal Year 2005
October 29, 2004


Protecting the American people is my most solemn responsibility, and a superior U.S. military is essential to that effort and to fighting and winning the global war on terrorism. The Defense Authorization Act of 2005 will continue to strengthen our security and ensure that our troops are the best paid, best trained, and best equipped fighting force in the world.

We have increased military pay by over 20 percent since I came into office, and this legislation includes the fourth consecutive pay raise for our service men and women. It funds more protective equipment like body armor and reinforced Humvees to keep our troops as safe as possible.

This bill also continues the transformation of our military and funds the technology and advanced weapons systems we need. And it keeps our commitment to our troops, military retirees, reservists, and their families by ensuring they get the health, housing, and other benefits that they deserve. This bill will help us continue to strengthen our all-volunteer military.

Note [from GPO]: H.R. 4200, approved October 28, was assigned Public Law No. 108-375. This item was not received in time for publication in the
appropriate issue.

• 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 - 40 WCPD 2695 (11/8/04)
  
  2. PDF file from GPO - 40 WCPD 2695 (11/8/04)
  

The law to which this signing statement applies is:

H.R. 4200, the "Ronald W. Reagan National Defense Authorization Act for Fiscal Year 2005" -- Public Law 108-375 -- 118 STAT 1811

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 (389 pages)

For Immediate Release
Office of the Press Secretary
December 1, 2004

President's Statement on H.R. 3936
December 1, 2004
STATEMENT BY THE PRESIDENT

Today, I have signed into law H.R. 3936, the "Veterans Health Programs Improvement Act of 2004." The Act is designed to strengthen the management and administration of health care facilities and programs for our Nation's veterans.

Section 414(e)(4)(D) of the Act requires the Secretary of Veterans Affairs (Secretary) to include, in a written notice of a mission change for any of several departmental medical facilities, an analysis of any alternatives to the mission change proposed by the Department of Veterans Affairs. The executive branch shall construe this provision in a manner consistent with the President's constitutional authority to supervise the unitary executive branch and to withhold information the disclosure of which could impair the deliberative processes of the Executive or the performance of the Executive's constitutional duties.

Section 501(c) of the Act purports to require the Secretary to submit to the Congress recommendations for changes in law in certain circumstances. The executive branch shall implement this provision in a manner consistent with the President's constitutional authority to supervise the unitary executive branch and to recommend for the consideration of the Congress such measures as the President judges necessary and expedient.

GEORGE W. BUSH
THE WHITE HOUSE,
November 30, 2004.

• 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 - 40 WCPD 2886 (12/6/04)
  
  2. PDF file from GPO - 40 WCPD 2886 (12/6/04)

The law to which this signing statement applies is:

H.R. 3936, the "Veterans Health Programs Improvement Act of 2004" -- Public Law 108-422 -- 118 STAT 2379

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 3, 2004

President's Statement on H.R. 1350

Today, I have signed into law H.R. 1350, the "Individuals with Disabilities Education Improvement Act of 2004." The Act strengthens the ability of the Federal Government to assist States in the education of children with disabilities.

The executive branch shall construe provisions of the Act that require taking account of race, culture, gender, age, region, socioeconomics, ideology, secularity, and partisan politics, including sections 612, 616, 618, 637, 663, 664, and 681 of the Individuals with Disabilities Education Act, as enacted by section 101 of the Act, and section 177(b)(3) of the Education Sciences Reform Act of 2002, as enacted by section 201(a)(2) of the Act, in a manner consistent with the First Amendment and the requirement of the Due Process Clause of the Fifth Amendment to the Constitution to afford equal protection of the laws.

The executive branch shall construe section 615(e)(2)(G) of the Individuals with Disabilities Education Act, as enacted by section 101 of the Act, as establishing a duty for a State to follow the specified statutory exclusionary rule only when that duty is a condition of a Federal grant or contract accepted by or under the authority of that State, as is consistent with the principles governing Federal-State relations enunciated by the Supreme Court of the United States in Printz v. United States.

GEORGE W. BUSH
THE WHITE HOUSE,
December 3, 2004.

• 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 - 40 WCPD 2898 (12/6/04)
  
  2. PDF file from GPO - 40 WCPD 2898 (12/6/04)

The law to which this signing statement applies is:

H.R. 1350, the "Individuals with Disabilities Education Improvement Act of 2004" -- Public Law 108-446 -- 118 STAT 2647

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. 1350 -Improving Education Results for Children with Disabilities Act of 2003 (April 30, 2003) (source: White House web site)

 

 

[Not available at the White House website]
[Text supplied by the GPO]

Statement on Signing the Miscellaneous Trade and Technical Corrections Act of 2004
December 3, 2004


Today, I have signed into law H.R. 1047, the "Miscellaneous Trade and Technical Corrections Act of 2004.'' The Act modifies temporarily certain rates of duty under the Harmonized Tariff Schedule of the United States and makes other amendments to U.S. trade laws. The executive branch shall construe section 1560(b) of the Act, relating to interaction between the Bureau of Customs and Border Protection of the Department of Homeland Security and the Government of Canada, in a manner consistent with the President's constitutional authority to conduct the Nation's foreign affairs and to supervise the unitary executive branch.

As is consistent with the Appointments Clause of the Constitution, the executive branch shall construe section 401(I) of the Tariff Act of 1930, as amended by subsection 1561(a) of the Act, not to authorize the exercise of significant U.S. Governmental authority by foreign law enforcement officers.

Section 629(e) of the Tariff Act of 1930, as enacted by section 1561(b) of the Act, provides that any foreign customs or agriculture inspection official stationed in the United States under section 629(e) may exercise such functions, perform such duties, and enjoy such privileges and immunities as U.S. officials may be authorized to perform or are afforded in that foreign country by treaty, agreement, or law. The executive branch shall construe section 629(e) to authorize the executive branch to allow the specified foreign government officials to perform functions of such foreign government inside the United States on the same basis as the specified U.S. Government officials may perform their U.S. Government functions in that foreign country and, as is consistent with the Appointments Clause of the Constitution, shall not construe the provision to authorize the exercise of significant U.S. Governmental authority by foreign officials.

The executive branch shall construe the repeal, in section 1561(c) of the Act, of section 127 of the Treasury and General Government Appropriations Act, 2003, as contained in the Consolidated Appropriations Act, 2003 (Public Law 108-7), as repealing the amendments that were made to title 19 of the United States Code by section 127. Such a construction of section 1561(c) is consistent with the text and structure of amendments to title 19 made by section 1561.

George W. Bush
The White House,
December 3, 2004.

[Note supplied by the GPO: "H.R. 1047, approved December 3, was assigned Public Law No. 108-429. This statement was released by the Office of the Press Secretary on December 6. An original was not available for verification of the content of this statement."]

• Text of the same signing statement from the Weekly Compilation of Presidential Documents published by the Government Printing Office (GPO)
  (click links to see text)
  
  1. plain text at the GPO - 40 WCPD 2912 (12/13/04)
  
  2. PDF file from GPO - 40 WCPD 2912 (12/13/04)
  

The law to which this signing statement applies is:

H.R. 1047, the "Miscellaneous Trade and Technical Corrections Act of 2004'' -- Public Law 108-429 -- 118 STAT 2434

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

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

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

1. Memorandum for the Secretary of State, The Secretary of Homeland Security, May 5, 2006 (SUBJECT: Assignment of Functions Relating to Import Restrictions on Iraqi Antiquities): 71 Fed. Reg. 28753 (May 17, 2006)

2. Proclamation 7860 of January 7, 2005, To Extend Nondiscriminatory Trade Treatment (Normal Trade Relations Treatment) to the Products of Armenia, By the President of the United States of America: 70 Fed. Reg. 2321 (January 12, 2005)

For Immediate Release
Office of the Press Secretary
December 8, 2004

President's Statement on the Consolidated Appropriations Act, 2005


Today, I have signed into law H.R. 4818, the "Consolidated Appropriations Act, 2005" (CAA). The CAA, consisting of eleven Divisions, consolidates into a single Act several appropriations bills that the Congress normally passes separately each year to fund the operations of the Federal Government, and also several bills that are not normally part of an appropriations bill.

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

The executive branch shall construe as advisory provisions of the CAA that purport to direct or burden the Executive's conduct of foreign relations or to limit the President's authority as Commander in Chief. Such provisions include: in the Commerce-Justice-State Appropriations Act, sections 406, 611, 609, 627, and the provision regarding voting in the United Nations Security Council under the heading "Contributions for International Peacekeeping Activities"; in the Foreign Operations Appropriations Act, sections 506, 514, 531, 547, 561, 562, 580, 585, 593, and the provisions entitled "Other Bilateral Economic Assistance, Economic Support Fund" and "Andean Counterdrug Initiative"; as well as in Division J ("Other Matters"), section 3(b)(3) of the 225th Anniversary of the American Revolution Commemoration Act.

The executive branch shall also construe the provisions of the CAA in a manner consistent with the President's authority to supervise the unitary executive branch, including the authority to direct which officers in the executive branch shall assist the President in faithfully executing the law. Such provisions include in the Transportation-Treasury Appropriations Act, sections 618 and 628, and language relating to review by the Office of Management and Budget (OMB) of executive branch orders, activities, regulations, transcripts, and testimony, particularly language relating to OMB review of certain matters in reports to be submitted to the Congress through the Secretary of the Army.

The executive branch shall construe provisions in the CAA that purport to mandate or regulate submission of information to the Congress, other entities outside the executive branch, or the public, 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. Such provisions include: in the Agriculture Appropriations Act, section 717; in the Commerce-Justice-State Appropriations Act, sections 407, 409, and provisions concerning a budget proposal under the heading "National Intellectual Property Law Enforcement Coordination Council"; in the Energy and Water Appropriations Act, sections 112, 113, and 503; in the Foreign Operations Appropriations Act, section 559; in the Labor-HHS-Education Appropriations Act, a provision under the heading "Department of Health and Human Services, Office of the Secretary"; in the Transportation-Treasury Appropriations Act, sections 522 and 618; in the VA-HUD Appropriations Act, section 210; and in Division J, section 16 of the L-1 Visa and H-1B Visa Reform Act.

The executive branch shall construe provisions of the CAA that purport to make consultation with the Congress a precondition to the execution of the law as calling for, but not mandating, such consultation, as is consistent with the Constitution's provisions concerning the separate powers of the Congress to legislate and the President to execute the laws. Such provisions include: in the Foreign Operations Appropriations Act, sections 509, 512, 543, 569, 588, and provisions under the heading "International Disaster and Famine Assistance," "Transition Initiatives," "Andean Counterdrug Initiative," and "Debt Restructuring"; and in the Interior and Related Agencies Appropriations Act, provisions under the heading "National Park Service, Historic Preservation Fund," and "Administrative Provisions, Smithsonian Institution."

The executive branch shall construe provisions that purport to require or regulate submission by executive branch officials of legislative recommendations to the Congress consistently with the President's constitutional authority to recommend to the Congress such measures as he judges necessary and expedient. Such provisions include: in the Agriculture Appropriations Act, section 721; in the Commerce-Justice-State Appropriations Act, sections 628 and 902; in the Interior and Related Agencies Appropriations Act, section 102; in the Transportation-Treasury Appropriations Act, section 404; in the VA-HUD Appropriations Act, section 215; and in Division K, section 152 of the Small Business Reauthorization and Manufacturing Assistance Act of 2004.

In section 601 of the Energy and Water Appropriations Act, section 2 of the amended Tennessee Valley Authority Act shall be construed consistently with the President's constitutional authority to make nominations and appoint officers. So that section 522 of the Transportation-Treasury Appropriations Act may be faithfully executed, the executive branch shall construe subsection (c), which provides that an agency privacy officer's signature on a report to the agency inspector general shall constitute verification by the officer "that the agency is only using information in identifiable form as detailed in the report" to mean that the signature constitutes verification to the best of the officer's knowledge after diligent inquiry.

The executive branch shall construe as calling solely for notification the provisions of the CAA that are inconsistent with the requirements of bicameral passage and presentment set forth in the Constitution, as construed by the Supreme Court of the United States in 1983 in INS v. Chadha. Such provisions include: in the Agriculture Appropriations Act, sections 705, 718, 736, and a provision under the heading "Food and Drug Administration, Salaries and Expenses"; in the Energy and Water Appropriations Act, section 303; in the Interior and Related Agencies Appropriations Act, sections 305, 313, 329, 332, 333, and provisions under the headings "United States Fish and Wildlife Service, Administrative Provisions," "National Park Service, Construction," "Department of the Interior, Depart-mental Management, Salaries and Expenses," "Natural Resource Damage Assessment and Restoration, Administrative Provisions," "Forest Service, Wildland Fire Management," "Administrative Provisions, Forest Service," "Indian Health Service, Indian Health Facilities," "Administrative Provisions, Indian Health Service," and "Administrative Provisions, Smithsonian Institution"; in the Labor-HHS-Education Appropriations Act, section 208 and a provision under the heading "Pension Benefit Guaranty Corporation"; in the Transportation-Treasury Appropriations Act, sections 201, 211, 212, 217, 218, 403, 510, 511, 614, 623, and 642, and provisions under the headings "Department of Transportation, Office of the Secretary, Salaries and Expenses," "Department of Transportation, Office of the Secretary, Working Capital Fund," "Federal Transit Administration, Administrative Expenses," "Department of the Treasury, Departmental Offices, Salaries and Expenses," "Internal Revenue Service, Business Systems Modernization," "Office of Administration, Salaries and Expenses," "High Intensity Drug Trafficking Areas Program," and "Real Property Activities, Federal Building Fund, Limitations on Availability of Revenue"; and in the VA-HUD Appropriations Act, section 111 and provisions under the headings "Department of Veterans Affairs, Departmental Administration, Construction, Minor Projects" and "National Aeronautics and Space Administration, Administrative Provisions."

As is consistent with the principle of statutory construction of giving effect to each of two statutes addressing the same subject whenever they can co-exist, the executive branch shall construe the provision in the Energy and Water Appropriations Act under the heading "National Nuclear Security Administration, Weapons Activities" concerning transfer of funds from the Department of Defense to constitute an "express authorization of Congress" to which section 8063 of the Department of Defense Appropriations Act, 2005 (Public Law 108-287) refers.

A number of provisions in the CAA purport to allocate funds for specified projects and amounts set forth in the joint explanatory statement of managers that accompanied the CAA; to make changes in statements of managers that accompanied various appropriations bills reported from conferences in the past; or to direct compliance with a report of one committee of one House of Congress. The executive branch shall construe these provisions in a manner consistent with the bicameral passage and presentment requirements of the Constitution for the making of a law. Such provisions include in the Foreign Operations Appropriations Act, section 595; in the Labor-HHS-Education Appropriations Act, provisions under the headings "Innovation and Improvement," "Rehabilitation Services and Disability Research," "Higher Education," and "Institute of Education Sciences"; in the Transportation-Treasury Appropriations Act, sections 125 and 173; and in the VA-HUD Appropriations Act, provisions under the headings "Community Development Fund" and "Department of Housing and Urban Development, Management and Administration, Salaries and Expenses."

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

Section 12 of the Legislative Branch Appropriations Act authorizes overseas travel for members of the U.S. Capitol Police in support of travel by Senators. To ensure consistency with the President's constitutional authority to conduct the Nation's foreign affairs, the executive branch shall construe section 12 as authorizing travel for the limited purposes of advance, security, and protective functions in support of the official travel of Senators. The executive branch shall construe the term "intelligence gathering" in section 1007 of the Legislative Branch Appropriations Act, which relates to activities of the U.S. Capitol Police outside their geographic jurisdiction, as limited to collection of information for law enforcement and protective functions authorized by other laws relating to the U.S. Capitol Police, as any other construction would be inconsistent with the Constitution's vesting of the executive power in the President.

The executive branch shall construe section 638 of the Transportation-Treasury Appropriations Act, relating to assignment of executive branch employees to perform functions in the legislative branch, in a manner consistent with the President's constitutional authority to supervise the unitary executive branch and as Commander in Chief, and recognizing that the President cannot be compelled to give up the authority of his office as a condition of receiving the funds necessary to carrying out the duties of his office.

GEORGE W. BUSH
THE WHITE HOUSE,
December 8, 2004.

• 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 - 40 WCPD 2924 (12/13/04)
  
  2. PDF file from GPO - 40 WCPD 2924 (12/13/04)

The law to which this signing statement applies is:

H.R. 4818, the "Consolidated Appropriations Act of 2005" -- Public Law 108-447 -- 118 STAT 2809

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 (658 pages)

1. Memorandum for the Secretary of State, Presidential Determination No. 2006-11 (SUBJECT: Export-Import Bank Programs for or in Libya): 71 Fed. Reg. 12119 (March 9, 2006)

2. Memorandum for the Secretary of State, Presidential Determination No. 2006-1 (SUBJECT: Waiver and Certification of Statutory Provisions Regarding the Palestine Liberation Organization (PLO) Office): 70 Fed. Reg. 62225 (October 28, 2005)

3. Memorandum for the Secretary of State, Presidential Determination No. 2005-38 (SUBJECT: Presidential Determination Relating to Assistance for Saudi Arabia): 70 Fed. Reg. 60397 (October 17, 2005)

4. Memorandum for the Secretary of State, Presidential Determination No. 2005-33 (SUBJECT: Waiving Prohibition on Use of FY 2005 Economic Support Funds with Respect to Jordan): 70 Fed. Reg. 55011 (September 19, 2005)

5. Memorandum for the Office of Management and Budget (SUBJECT: Reimbursement to the Office of the United States Trade Representative) July 7, 2005:

6. Memorandum for the Secretary of State, Presidential Determination No. 2005-29 (SUBJECT: Waiver of Restrictions on Providing Funds to the Palestinian Authority): 70 Fed. Reg. 42251 (July 22, 2005)

7. Memorandum of July 4, 2005, Assignment of Reporting Function, Memorandum for the Secretary Of State: 70 Fed. Reg. 44041 (August 1, 2005)

8. Memorandum of June 29, 2005, Assignment of Certain Functions Relating to Telecommunications, Memorandum for the Director of the Office of Management and Budget: 70 Fed. Reg. 39173 (July 7, 2005)

9. Presidential Determination No. 2005-22 of April 14, 2005, Waiver and Certification of Statutory Provisions Regarding the Palestine Liberation Organization, Memorandum for the Secretary of State: 70 Fed. Reg. 21611 (April 26, 2005)

10. Executive Order 13377 of April 13, 2005, Designating the African Union as a Public International Organization Entitled To Enjoy Certain Privileges, Exemptions, and Immunities: 70 Fed. Reg. 20263 (April 18, 2005)

11. Memorandum of February 18, 2005, Assignment of Certain Functions Relating to Climate Change Reporting Activities, Memorandum for the Director of the Office of Management and Budget: 70 Fed. Reg. 11109 (March 3, 2005)

12. Presidential Determination No. 2005-21 of February 15, 2005, Determination to Waive Military Coup-Related Provisions of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 2005, with Respect to Pakistan, Memorandum for the Secretary of State: 70 Fed. Reg. 10313 (March 3, 2005)

13. Presidential Determination No. 2005-20 of February 10, 2005, Waiving Prohibition on Use of Fiscal Year 2005 Economic Support Funds with Respect to Jordan, Memorandum for the Secretary of State: 70 Fed. Reg. 8497 (February 18, 2005)

14. Executive Order 13368 of December 30, 2004, Adjustments of Certain Rates of Pay: 70 Fed. Reg. 1147 (January 5, 2005)

15. Statement of Administration Policy, H.R. 4818 – Foreign Operations, Export Financing, and Related Programs Appropriations Bill, FY 2005 (June 15, 2004) (source: White House web site)

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. OMB M-05-09, Transmission of Antideficiency Act Violation Reports to the Comptroller General (March 11, 2005)

 

1. CRS Report for Congress RL32048: Iran: U.S. Concerns and Policy Responses (updated January 5, 2007) (source: U.S. State Department web site)

2. CRS Report for Congress RL32048, Iran: U.S. Concerns and Policy Responses (updated August 25, 2006) (source: U.S. State Department web site)

1. GAO 06-664, Report to Congressional Requesters: WIC PROGRAM, More Detailed Price and Quantity Data Could Enhance Agriculture’s Assessment of WIC Program Expenditures (July, 2006)

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

 

For Immediate Release
Office of the Press Secretary
December 10, 2004

President's Statement on the Veterans Benefits Improvement Act of 2004


Today, I have signed into law S. 2486, the "Veterans Benefits Improvement Act of 2004." The Act modifies and extends housing, education, and other benefits for the Nation's veterans.

Section 3677(d)(2)(B) of title 38, United States Code, as enacted by section 108 of the Act, purports to require the Secretary of Veterans Affairs to make a recommendation to the Congress on whether to continue a specified pilot project beyond its statutory expiration date, which would require enactment of legislation. Section 4332 of title 38, as amended by section 202 of the Act, purports to require officials in the executive branch to submit recommendations for legislative action in certain circumstances. 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.

GEORGE W. BUSH
THE WHITE HOUSE,
December 10, 2004.

• 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 - 40 WCPD 2933 (12/13/04)
  
  2. PDF file from GPO - 40 WCPD 2933 (12/13/04)

The law to which this signing statement applies is:

S. 2486, the "Veterans Benefits Improvement Act of 2004" -- Public Law 108-454 -- 118 STAT 3598

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

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

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

GAO Report 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. 108-454)

For Immediate Release
Office of the Press Secretary
December 17, 2004

President's Statement on the Intelligence Reform and Terrorism Prevention Act
December 17, 2004
STATEMENT BY THE PRESIDENT


Today, I have signed into law S. 2845, the "Intelligence Reform and Terrorism Prevention Act of 2004" (the "Act"). The Act strengthens the intelligence and counterterrorism capabilities of the United States, including by appropriate implementation of the recommendations in the Report of the National Commission on Terrorist Attacks Upon the United States, often called the 9/11 Commission.

Many provisions of the Act deal with the conduct of United States intelligence activities and the defense of the Nation, which are two of the most important functions of the Presidency. The executive branch shall construe the Act, including amendments made by the Act, in a manner consistent with the constitutional authority of the President to conduct the Nation's foreign relations, as Commander in Chief of the Armed Forces, and to supervise the unitary executive branch, which encompass the authority to conduct intelligence operations.

The executive branch shall construe provisions in the Act that mandate submission of information to the Congress, entities within or outside the executive branch, or the public, in a manner consistent with the President's constitutional authority to supervise the unitary executive branch and to withhold infor-mation that could impair foreign relations, national security, the deliberative processes of the Executive, or the performance of the Executive's constitutional duties. Such provisions include sections 1022, 1061, 3001(f)(4), 5201, 5403(e), and 8403, and sections 101A(f) and 102A(c)(7) of the National Security Act of 1947 as amended by sections 1011 and 1031, section 703(b), 704, and 706(f) of the Public Interest Declassification Act of 2000 as amended by section 1102, section 601 of the Foreign Intelligence Surveillance Act of 1978 as amended by section 6002, section 207 of the Afghan Freedom Support Act of 2002 as amended by section 7104, section 112(b) of title 1, United States Code, as amended by section 7120, and section 878 of the Homeland Security Act as amended by section 7407.

To the extent that provisions of the Act purport to require or regulate submission by executive branch officials of legis-lative recommendations to the Congress, the executive branch shall construe such provisions in a manner consistent with the President's constitutional authority to supervise the unitary executive branch and to submit for congressional consideration such measures as the President judges necessary and expedient. Such provisions include sections 1094, 1095, 4012(b), 4019, 5201, 6303, 6403, 7119, 7208, 7213, 7502, 7802, 7803, and 8403(c), section 119B(g) of the National Security Act of 1947 as amended by section 1023, and section 44925 of title 49, United States Code, as amended by section 4013. To the extent that provisions of the Act, including section 3001(g) and section 102A(e) of the National Security Act of 1947 as amended by section 1011, purport to require consultation with the Congress as a condition to execution of the law, the executive branch shall construe such provision as calling for, but not mandating, such consultation.

Several provisions of the Act, including Title III and section 7601, purport to regulate access to classified national security information. The Supreme Court of the United States has stated that the President's authority to classify and control access to informa-tion bearing on national security flows from the Constitution and does not depend upon a legislative grant of authority. The executive branch shall construe such provisions in a manner consistent with the Constitution's commitment to the President of the executive power, the power to conduct the Nation's foreign affairs, and the authority as Commander in Chief.

The executive branch shall construe as advisory provisions of the Act that purport to regulate the means by which the President obtains recommendations or information from subordinates in the executive branch, as is consistent with the constitutional commitment to the President of authority to supervise the unitary executive branch and to require the opinions of principal officers of executive departments. Such provisions include sections 103A(a), 103B(d), 106, 119(h), and 101A of the National Security Act of 1947, as amended by sections 1011, 1014, 1021, and 1031 of the Act.

The executive branch shall construe as advisory provisions of the Act that purport to require the conduct of negotiations with a foreign government or otherwise direct or burden the President's conduct of foreign relations, including sections 4026, 4072(c)(2), 5301 to the extent it involves foreign diplomats and other foreign officials, 7116, 7204, 7210, 7217, 7303(c), and 7703, and sections 104(d) and 206(d)(1) of the Afghanistan Freedom Support Act as amended by section 7104. Further, the executive branch shall construe section 6(j)(5) of the Export Administration Act of 1979 as amended by section 7102(c) of the Act, to identify a non-exclusive factor for the Secretary of State to consider in his discretion in making determinations under subsection 6(j), as is consistent with the use of the non-exclusive term "include" in the provision and the congressional decision reflected in the text of the statute to afford the President substantial latitude in implementation of the provision.

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

GEORGE W. BUSH
THE WHITE HOUSE,
December 17, 2004.

• 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 - 40 WCPD 2993 (12/27/04)
  
  2. PDF file from GPO - 40 WCPD 2993 (12/27/04)

The law to which this signing statement applies is:

S. 2845, the "Intelligence Reform and Terrorism Prevention Act of 2004" -- Public Law 108-458 -- 118 STAT 3638

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

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

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

1. Memorandum for the Director of National Intelligence, Assignment of Reporting Function Under the Intelligence Reform and Terrorism Prevention Act of 2004 (November 14, 2006): 71 Fed. Reg. 67027 (November 17, 2006)

2. Memorandum for the Heads of Executive Departments and Agencies (SUBJECT: Guidelines and Requirements in Support of the Information Sharing Environment): 70 Fed. Reg. 62023 (October 27, 2005)

3. Memorandum for the Secretary of State (SUBJECT: Assignment of Reporting Function) 70 Fed. Reg. 41341 (July 19, 2005)

4. Memorandum of April 21, 2005, Memorandum on Assignment of Reporting Functions under the Intelligence Reform and Terrorism Prevention Act of 2004, Memorandum for the Secretary of State[,] the Secretary of Defense[,] the Director of National Intelligence[,] the Attorney General[, and] the Secretary of Homeland Security: 70 Fed. Reg. 48633 (August 19, 2005)

5.  Executive Order 13381 of June 27, 2005, Strengthening Processes Relating to Determining Eligibility for Access to Classified National Security Information (June 27, 2005): 70 Fed. Reg. 37951 (June 30, 2005) (contains reference to the unitary executive)

6. Memorandum of April 21, 2005, Effective Dates of Provisions in Title I of the Intelligence Reform and Terrorism Prevention Act of 2004,  Memorandum for the Secretary of State[,] the Secretary of the Treasury[,] the Secretary of Defense[,] the Attorney General[,] the Secretary of Energy[,] the Secretary of Homeland Security[,] the Director of the Office of Management and Budget[, and] the Director of National Intelligence: 70 Fed. Reg. 23923 (May 5, 2005)

7. Executive Order 13376 of April 13, 2005, Amendments to Executive Order 12863, Relating to the President's Foreign Intelligence Advisory Board: 70 Fed. Reg. 20261 (April 18, 2005)

8. President's Remarks on Signing S. 2845, Public Law 108-458, the Intelligence Reform and Terrorism Prevention Act: 40 WCPD 2985 (December 20, 2004)

9. Statement of Administration Policy, S. 2845 – National Intelligence Reform Act of 2004 (September 28, 2004) (source: White House web site) (refers to "unitary executive")

10. Military Order of November 13, 2001, Detention, Treatment, and Trial of Certain Non-Citizens in the War Against Terrorism, 66 Fed. Reg. 57831 (November 16, 2001)

 

1. Memorandum from Gordon England, Deputy Defense Secretary, re: "Application of Common Article III of the Geneva Conventions to the treatment of detainees in the Department of Defense" (July 7, 2006) (source: New York Times)

2. United States Department of State, Publication 11324, Office of the Coordinator for Counterterrorism,  Office of the Coordinator for Counterterrorism: Country Reports on Terrorism 2005 (April 2006) (source: web site of the State Department) (292 pages in PDF)

3. Department of Homeland Security, Report Assessing the Impact of the Automatic Selectee and No Fly Lists on Privacy and Civil Liberties as Required Under Section 4012(b) of the Intelligence Reform and Terrorism Prevention Act of 2004, Public Law 108-458 (April 27, 2006) (source:  web site of the Department of Homeland Security)

4. Department of Justice, Office of Legal Counsel, Memorandum: "Status of the Director of Central Intelligence Under the National Security Intelligence Reform Act of 2004," (January 12, 2005)

5.  Public Notice: 5646, fr. Department of State: Visas: Documentation of Nonimmigrants Under the Immigration and Nationality Act, as Amended, Final Rule at 71 Fed Reg. 75662 (December 18, 2006) (noting: “as the President noted in the signing statement for IRTPA, the interview requirement is viewed ‘‘as advisory’’ with respect to foreign diplomats or foreign officials, because it otherwise would impermissibly burden the President’s constitutional authority to conduct foreign relations. Therefore, the regulations continue to permit exemptions from the interview requirements of persons” in certain classifications.)

 

1. Letter to President George W. Bush from Peter Hoekstra, Chair, Permanent Select Committee on Intelligence, U.S. House of Representatives, May 18, 2006 (source: New York Times)

2. Letter to Attorney General Gonzales, Objection to the President’s "signing statement" issued with Detainee Treatment Act, issued by John Conyers, Jr., Ranking Member, House Judiciary Committee, and Jane Harman, Ranking Member, House Intelligence Committee (March 27, 2006) (source: House of Representatives website)

1. CRS Report for Congress RL33742: 9/11 Commission Recommendations: Implementation Status (December 4, 2006) (source: U.S. Department of State web site)

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

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

4. CRS Report for Congress RS22112: Director of National Intelligence: Statutory Authorities (April 11, 2005) (source: Thurgood Marshall Law Library/University of Maryland School of Law)

5. CRS Report RL 32816: The National Counterterrorism Center: Implementation Challenges and Issues for Congress (March 24, 2005) (source: Thurgood Marshall Law Library/University of Maryland School of Law)

 

GAO Report to Congressional Requesters (GAO-06-1031), Terrorist Watch List Screening: Efforts to Help Reduce Adverse Effects on the Public (September 29, 2006) (source: GAO web site)

ACLU v. NSA, Case No. 06-CV-10204, Memorandum Opinion (E.D. Mich. 2006) (source: web site of the federal district court for the Eastern District of Michigan)

For Immediate Release
Office of the Press Secretary
December 21, 2004

President's Statement on the Specialty Crops Competitiveness Act, 2004


Today, I have signed into law H.R. 3242, the "Specialty Crops Competitiveness Act of 2004" (the "Act"). The Act is designed to increase the competitiveness of fruits, vegetables, tree nuts, dried fruits, and nursery crops grown in the United States.

Section 1408A of the National Agricultural Research, Extension, and Teaching Policy Act of 1977, as amended by section 303 of the Act, purports to require the Secretary of Agriculture to take into consideration certain advisory board-approved findings and recom-mendations in preparing the Secretary's annual depart-mental budget proposal to the President and to disclose to the Congress how the Secretary addressed each such recommendation. The executive branch shall construe section 1408A in a manner consistent with the President's constitutional authority to supervise the unitary executive branch, to require the opinions of principal officers of the executive departments, to recommend for the consideration of the Congress such measures as the President shall judge necessary and expedient, 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.

GEORGE W. BUSH
THE WHITE HOUSE,
December 21, 2004.

• 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 - 40 WCPD 3009 (12/27/04)
  
  2. PDF file from GPO - 40 WCPD 3009 (12/27/04)

The law to which this signing statement applies is:

H.R. 3242, the "Specialty Crops Competitiveness Act of 2004" -- Public Law 108-465 -- 118 STAT 3882

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 23, 2004

President's Statement on the Intelligence Authorization Act, 2005


Today, I have signed into law H.R. 4548, the "Intelligence Authorization Act for Fiscal Year 2005." The Act authorizes appropriations to fund United States intelligence activities, including activities essential to success in the war on terror.

The executive branch shall construe provisions in the Act, including sections 105, 107, and 305, that mandate submission of information to the Congress, in a manner consistent with the President's constitutional authority to supervise the unitary executive branch and to withhold information that could impair foreign relations, national security, the deliberative processes of the Executive, or the performance of the Executive's constitutional duties.

Section 502 of the Act 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 that section 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.

To the extent that provisions of the Act, such as sections 614 and 615, purport to require or regulate submission by executive branch officials of legislative recommendations to the Congress, the executive branch shall construe such provisions in a manner consistent with the President's constitutional authority to supervise the unitary executive branch and to submit for congressional consideration such measures as the President judges necessary and expedient.

Section 105 of the Act incorporates 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 the 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 23, 2004.

• 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 - 40 WCPD 3012 (12/27/04)
  
  2. PDF file from GPO - 40 WCPD 3012 (12/27/04)

The law to which this signing statement applies is:

H.R. 4548, the "Intelligence Authorization Act for Fiscal Year 2005" -- Public Law 108-487 -- 118 STAT 3939

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. 4548 - Intelligence Authorization Act for FY 2005 (July 23, 2004) (source: White House web site)

United States Department of State, Publication 11324, Office of the Coordinator for Counterterrorism,  Office of the Coordinator for Counterterrorism: Country Reports on Terrorism 2005 (April 2006) (source: web site of the State Department) (292 pages in PDF)

For Immediate Release
Office of the Press Secretary
December 23, 2004

President's Statement on the Comprehensive Peace in Sudan Act, 2004


Today, I have signed into law S. 2781, the "Comprehensive Peace in Sudan Act of 2004" (the "Act"). The Act is intended to help resolve conflict, reduce human suffering, and encourage freedom and democracy.

Section 6 of the Act includes provisions that, if construed as mandatory, would impermissibly interfere with the President's exercise of his constitutional authorities to conduct the Nation's foreign affairs, participate in international negotiations, and supervise the unitary executive branch. Section 6(a), for example, appears to require the President to implement the measures set forth in section 6(b)(2) of the earlier Sudan Peace Act (Public Law 107-245), which purports to direct or burden the conduct of negotiations by the executive branch with foreign governments, international financial institutions, and the United Nations Security Council. When necessary to avoid such unconstitutional interference, the executive branch shall construe the provisions of section 6 as advisory.

The executive branch shall construe provisions in the Act that mandate submission of information to the Congress, or the public, in a manner consistent with the President's constitutional authority to supervise the unitary executive branch and 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. Such provisions include sections 8 and 12 of the Sudan Peace Act as amended by section 5 of the Act.

Provisions of the Act define a particular entity as the "Government of Sudan" for purposes of implementing the Act and section 12 of the Sudan Peace Act (Public Law 107-245). The executive branch shall construe the provisions in a manner consistent with the President's constitutional authority for the United States to recognize foreign states and to determine what constitutes the governments of such foreign states.

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

• 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 - 40 WCPD 3013 (12/27/04)
  
  2. PDF file from GPO - 40 WCPD 3013 (12/27/04)

The law to which this signing statement applies is:

S. 2781, the "Comprehensive Peace in Sudan Act of 2004" -- Public Law 108-497 -- 118 STAT 4012

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

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

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

1. Executive Order 13412, Blocking Property of and Prohibiting Transactions With the Government of Sudan (October 13, 2006): 71 Fed. Reg. 61367 (October 17, 2006)

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

For Immediate Release
Office of the Press Secretary
December 23, 2004

President's Statement on H.R. 5419
[2004-24] -- 
 

Today, I have signed into law H.R. 5419, a bill consisting of three titles. Title I is the "ENHANCE 911 Act of 2004," which strengthens the ability of Americans to use the 911 telephone number to seek emergency assistance. Title II is the "Commercial Spectrum Enhancement Act," which facilitates the spectrum relocation of Federal entities so that certain spectrum can be reallocated to commercial users. Title III is the "Universal Service Antideficiency Temporary Suspension Act," which makes the Antideficiency Act temporarily inapplicable to certain collections, receipts, expenditures and obligations relating to universal communications service.

Section 104 amends section 158(a)(2) of the National Telecommunications and Information Administration Organization Act to call for executive branch officials to submit to congressional committees funding profiles for a specified 5-year program. The executive branch shall construe the provision in a manner con-sistent with the constitutional authority of the President to recommend for the consideration of the Congress such measures, including proposals for appropriations, as he judges necessary and expedient.

Sections 202 and 204 enact sections 113(g)(5) and 118(d) of the National Telecommunications and Information Administration Organization Act, which purport to condition the execution of a law upon notification to congressional committees coupled with either approval by the committees or the absence of disapproval by the committees within a specified time. The executive branch shall construe the provisions to legally require only notifi-cation to the committees, as any other construction would be inconsistent with the principles enunciated by the Supreme Court of the United States in INS v. Chadha. The Secretary of Commerce will continue as a matter of comity to work with the committees on matters addressed by these provisions.

As is consistent with the principle of statutory construction of giving effect to each of two statutes addressing the same subject whenever they can co-exist, the executive branch shall construe section 302 of the Act in a manner consistent with section 254 of the Communications Act of 1934, which provides the Federal Communications Commission with the authority to maintain funding caps for Universal Service Fund programs.

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

• 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 - 40 WCPD 3013 (12/27/04)
  
  2. PDF file from GPO - 40 WCPD 3013 (12/27/04)

The law to which this signing statement applies is:

H.R. 5419, the "Enhance 911 Services Act" -- Public Law 108-494 -- 118 STAT 3986

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