Presidential Signing Statements

For Immediate Release
Office of the Press Secretary
March 21, 2005

President's Statement on S. 686, Allowing Federal Courts to Hear Claim of Terri Schiavo
STATEMENT BY THE PRESIDENT

 

Today, I signed into law a bill that will allow Federal courts to hear a claim by or on behalf of Terri Schiavo for violation of her rights relating to the withholding or withdrawal of food, fluids, or medical treatment necessary to sustain her life. In cases like this one, where there are serious questions and substantial doubts, our society, our laws, and our courts should have a presumption in favor of life. This presumption is especially critical for those like Terri Schiavo who live at the mercy of others. I appreciate the bipartisan action by the Members of Congress to pass this bill. I will continue to stand on the side of those defending life for all Americans, including those with disabilities.

• 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 - 41 WCPD 484 (3/28/05)
  
  2. PDF file from GPO - 41 WCPD 484 (3/28/05)
  

The law to which this signing statement applies is:

S. 686, the "Bill for the relief of the parents of Theresa Marie Schiavo" -- Public Law 109-3 -- 119 STAT 15

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

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

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

CRS Report for Congress RL32830, The Schiavo Case: Legal Issues (March 23, 2005) (source: University of Maryland law library)

For Immediate Release
Office of the Press Secretary
May 11, 2005

President's Statement on H.R. 1268

Today, I have signed into law H.R. 1268, the "Emergency Supplemental Appropriations Act for Defense, the Global War on Terror, and Tsunami Relief, 2005" (the "Act"). The Act provides funds for ongoing military and intelligence operations in Iraq and Afghanistan and selected other international activities, including tsunami relief and reconstruction. The Act supports new benefits for service members who have suffered traumatic injury and for survivors of fallen service members. The Act also provides additional border enforcement resources, which will strengthen the Nation's ability to prevent foreign terrorists from operating in the United States.

The executive branch shall construe subsection 1025(d) of the Act, which purports to determine the command relationships among certain elements of the U.S. Navy forces, as advisory, as any other construction would conflict with the President's constitutional authority as Commander in Chief.

Provisions of the Act, such as sections 2104 and 6024, purport to require congressional committee approval prior to certain obligations or expenditures of funds appropriated by the Act. The executive branch shall construe such provisions to require only prior notification to 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.

Section 6025 purports to regulate the content of the President's annual budget submission, which is a proposal for enactment of legislation to appropriate funds. In addition, section 301 calls for submission of legislative recommendations by an executive branch official to the Congress. The executive branch shall construe these and any other similar provisions in a manner consistent with the Constitution's commitment to the President of exclusive 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.

Several provisions of the Act, including sections 6041, 6042, 6043, 6052, 6053, 6069, 6070, 6071, and 6072 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 Act, the statements themselves are not legally binding.

GEORGE W. BUSH
THE WHITE HOUSE,
May 11, 2005.

• 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 - 41 WCPD 790 (5/16/05)
  
  2. PDF file from GPO - 41 WCPD 790 (5/16/05)
  

The law to which this signing statement applies is:

H.R. 1268, the "Emergency Supplemental Appropriations Act for Defense, the Global War on Terror, and Tsunami Relief, 2005" -- Public Law 109-13 -- 119 STAT 231

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 and the OMB Director (SUBJECT: Assignment of Certain Functions Relating to the Global War on Terror): 71 Fed. Reg. 36433 (June 26, 2006)

2. Memorandum for the Secretary of State, Assignment of Functions Relating to the Report to the Congress on Implementation of Humanitarian Assistance Code of Conduct (May 12, 2006) : 71 Fed. Reg. 30549 (May 26, 2006)

3. Statement of Administration Policy - H.R. 1268 –Emergency Supplemental Appropriations Act for Defense, the Global War on Terror, and Tsunami Relief, 2005 (March 15, 2005) (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)

1. CRS Report for Congress RL30588, Afghanistan: Post-War Governance, Security, and U.S. Policy (August 23, 2006) (source: U.S. Department of State web site)

2. 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)

3. CRS Report for Congress RL32890 -- Renditions: Constraints Imposed by Laws on Torture (April 28, 2005) (source: Thurgood Marshall School of Law Library, U. Maryland)

 

 

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

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

3. GAO Appropriations Decision B-307917, to the Department of Education, Subject: Department of Education—No Child Left Behind Newspaper Article Entitled "Parents Want Science Classes That Make the Grade" (July 6, 2006) (source: GAO web site)

4. GAO Decision B-306349, Department of Education--No Child Left Behind Newspaper Article, (September 30, 2005) (source: GAO web site)

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

6. 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)

 

For Immediate Release
Office of the Press Secretary
August 2, 2005

President's Statement on H.R. 2361
 

Today, I have signed into law H.R. 2361, the "Department of Interior, Environment, and Related Agencies Appropriations Act, 2006." This bill appropriates funds for FY 2006 for the Department of the Interior, the Forest Service of the Department of Agriculture, the Indian Health Service of the Department of Health and Human Services, the Environmental Protection Agency, and several smaller agencies.

Provisions of the Act that purport to require congressional committee or individual leaders' approval prior to execution of the law 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 vs. Chadha. These provisions include language under the headings "United States Fish and Wildlife Service, Administrative Provisions," "National Park Service, Construction," "Departmental Management, Salaries and Expenses," "Natural Resources Damage Assessment and Restoration, Administrative Provisions," "Forest Service, Wildland Fire Management," "Administrative Provisions, Forest Service," "Administrative Provisions, Indian Health Service," and "Administrative Provisions, Smithsonian Institution," as well as sections 130, 405, 421, 422, and 435 of the Act.

Provisions of the Act, such as language under the headings "National Park Service, Historic Preservation Fund," "Environmental Protection Agency, State and Tribal Assistance Grants," and "Administrative Provisions, Smithsonian Institution," purport to require execution of the Act in consultation with congressional committees. The executive branch shall construe this requirement in a manner consistent with the Constitution's grant to the President of exclusive authority to faithfully execute the laws and supervise the unitary executive branch. Further, sections 101 and 102 purport to require the President to submit supplemental appropriations requests. The executive branch shall construe these sections 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.

Finally, in language under the headings "State and Tribal Assistance Grants," Environmental Protection Agency," and "Department of Health and Human Services, Indian Health Services," the Act purports to require that certain funds be spent consistent with the joint explanatory statement of managers and an instruction in a Senate report. These documents do not satisfy the constitutional requirements of bicameral approval and presentment to the President needed to give them the force of law.

GEORGE W. BUSH
THE WHITE HOUSE,
August 2, 2005.

• 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 - 41 WCPD 1239 (8/8/05)
  
  2. PDF file from GPO - 41 WCPD 1239 (8/8/05)
  

The law to which this signing statement applies is:

H.R. 2361, the "Department of Interior, Environment, and Related Agencies Appropriations Act, 2006" -- Public Law 110-54 -- 119 STAT 499

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

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

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

 

1. Statement of Administration Policy, H.R. 2361 -- Department of the Interior, Environment, and Related Agencies, Appropriations Bill, FY 2006 - Senate (July 28, 2005) (source: White House web site)

2. Statement of Administration Policy, H.R. 2361 -- Department of the Interior, Environment, and Related Agencies, Appropriations Bill, FY 2006 (May 19, 2005) (source: White House web site)

 

For Immediate Release
Office of the Press Secretary
August 8, 2005

President's Statement on Energy Policy Act of 2005
 

Today, I have signed into law H.R. 6, the "Energy Policy Act of 2005." This legislation promotes dependable, affordable, and environmentally sound production and distribution of energy for America's future.

The executive branch shall construe section 365(e)(2) of the Act, which purports to require disclosure of an internal executive branch recommendation, in a manner consistent with the President's constitutional authority to supervise the unitary executive branch and preserve the confidentiality of its deliberations.

The executive branch shall construe the statement in section 110(d) of the Act, that the Congress reserves the right to revert to previous schedules for daylight savings time, as referring to reversion by enactment of a law in accordance with the bicameral passage and presentment requirements specified in the Constitution.

The executive branch shall construe the amendments to section 211 of the Energy Reorganization Act made by section 629 of the Act, as they relate to dissemination of official information by employees of the Department of Energy and the Nuclear Regulatory Commission, in a manner consistent with the President's constitutional authority to supervise the unitary executive branch.

The executive branch shall construe provisions of the Act that purport to direct the conduct of communications, negotiations, and other relations with foreign governments and international organizations, including sections 643(c)(2), 795(d), 814, 972, and 985 of the Act, and sections 732, 734(a)(2), 736, and 737 of the Global Environmental Protection Assistance Act as contained in section 1611 of the Act, in a manner consistent with the Constitution's commitment to the President of authority to conduct the Nation's foreign relations.

Provisions of the Act, including sections 342(j), 351(h)(3), 704(c), 706(e)(5), 957(a)(2)(C), 1221(b), 1234(c), 1272(2), 1509(b)(2), 1541(c)(6), 1831(c), 1835, and 1836(b)(2), section 543(a)(3) of the National Energy Conservation Policy Act contained in section 102(b), and section 170H(f)(3)(B) of the Atomic Energy Act of 1954 contained in section 651(d)(1), purport to require executive branch officials to submit legislative recommendations to the Congress. The executive branch shall construe such provisions in a manner consistent with the Constitution's commitment to the President of the authority to submit for the consideration of the Congress such measures as the President judges necessary and expedient and to supervise the unitary executive branch.

The executive branch shall construe the reference in section 631(b) of the Act, to awaiting action by the Congress, as providing for the Congress a reasonable period of time to consider the information furnished under section 631, as it is plain from the text and structure of section 631 that the reference is not intended to function as a prohibition.

The executive branch shall construe section 9007 of the Solid Waste Disposal Act, contained in section 1528 of the Act, in a manner consistent with the various legal immunities conferred by the Constitution on members of the legislative, executive, and judicial branches of the Federal Government to protect the effective functioning of the three branches.

The executive branch shall construe provisions of the Act that make legislative classifications based on race, ethnicity, or gender in a manner consistent with the requirement of the Due Process Clause of the Fifth Amendment to afford equal protection of the laws.

GEORGE W. BUSH
THE WHITE HOUSE,
August 8, 2005.

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 - 41 WCPD 1267 (8/15/05)

2. PDF file from GPO - 41 WCPD 1267 (8/15/05)

The law to which this signing statement applies is:

H.R. 6, the "Energy Policy Act of 2005" (P.L. 109-58) -- Public Law 109-177 -- 119 STAT 594

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

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

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

1. Statement of Administration Policy, H.R. 6 - Energy Policy Act of 2005 - Senate (June 14, 2005) (refers to "unitary executive) (source: White House web site)

2. Statement of Administration Policy, H.R. 6 - Energy Policy Act of 2005 - House (April 20, 2005) (source: White House web site)

3. Statement of Administration Policy, H.R. 6 – Energy Policy Act of 2003 (House-Floor)(April 10, 2003) (source: White House web site)

 

 

Department of the Interior, Office of Insular Affairs; Solicitation of Comments, Notice, draft report produced pursuant to sec. 251 of the Energy Policy Act of 2005 (Pub. L.109–58), concerning power utilities and energy usage in the U.S.-affiliated insular areas: 71 Fed. Reg. 50940 (August 28, 2006)

 

1. CRS Report for Congress RL32865:  Renewable Fuels and MTBE: A Comparison of Provisions in the Energy Policy Act of 2005 (P.L. 109-58 and H.R. 6) (updated October 3, 2006) (source: National Council for Science and the Environment)

2. CRS Report for Congress RL32955, Climate Change Legislation in the 109th Congress (updated August 4, 2006) (source: U.S. Department of State web site)

3. CRS Report for Congress RL33564, Alternative Fuels and Advanced Technology Vehicles: Issues in Congress (July 20, 2006) (source: U.S. Department of State web site)

4. CRS Report for Congress RL33206, Vulnerability of Concentrated Critical Infrastructure: Background and Policy Options (December 21, 2005) (source: Federation of American Scientists)

 

1. GAO Report to Congressional Requesters GAO-07-106 -- Department of Energy: Key Challenges Remain for Developing and Deploying Advanced Energy Technologies to Meet Future Needs (December 20, 2006) (source: GAO web site)

2. 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. 109-58)

 

 

For Immediate Release
Office of the Press Secretary
August 10, 2005

President's Statement on Transportation Equity Act
 

Today, I have signed into law H.R. 3, the "Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users." The Act is designed to improve the Nation's highway safety, modernize roads, reduce traffic congestion, and create jobs.

Sections 1909, 1141, and 1142 of the Act establish commissions -- solely to provide advice on transportation systems, motor vehicle taxes, and infrastructure financing whose memberships are predominantly or wholly appointed by Members of the Congress. The executive branch shall construe these provisions, including subsections 1909(b), 1141(f), and 1142(g), relating to access by the commissions to agency information, in a manner consistent with the constitutional authority of the President to supervise the unitary executive branch and to withhold information the disclosure of which could impair the deliberative processes of the Executive or the performance of the Executive's constitutional duties. Also, the executive branch shall construe section 1914(a) of the Act, which purports to require execution of that section in consultation with congressional committees, as calling for, but not mandating, such consultation, as is consistent with the constitutional provisions concerning the separate powers of the Congress to legislate and the President to execute the laws.

Provisions of the Act including sections 2003(f)(3)(B), 2016(d), 3011(f), and 3016(c), section 5503(f) of title 49, United States Code, as contained in section 4149 of the Act, and section 111(d)(4)(F) of title 49, as contained in section 5601 of the Act purport to require executive branch officials to submit legislative recommendations to the Congress. The executive branch shall construe such provisions in a manner

consistent with the Constitution's commitment to the President of the authority to submit for the consideration of the Congress such measures as the President judges necessary and expedient and to supervise the unitary executive branch.

The executive branch shall construe the described qualifications and lists of nominees under section 4305(b) as recommendations only, consistent with the provisions of the Appointments Clause of the Constitution.

The executive branch shall construe section 5305(g)(3) of the Act to be a statute to which section 552(b)(3)(A) of title 5, United States Code, refers, as the text and structure of section 5305(g) indicate.

The executive branch shall construe section 326(e) of title 23, United States Code, as contained in section 6004 of the bill, which deems a State agency to be a Federal agency for certain purposes in limited circumstances, in a manner consistent with the President's exclusive constitutional authority to faithfully execute the laws and supervise the unitary executive branch, and with proper regard for the role of the States in our Federal system.

The executive branch shall implement section 39 of title 18, United States Code, as contained in section 4143 of the Act, and section 5121 of title 49, as contained in section 7018 of the Act, which relate to warrantless searches and seizures of vehicles, drivers, cargo, property, packages, and records, in a manner consistent with the Fourth Amendment to the Constitution.

Section 1603 of the Act refers to legislative reports accompanying prior public laws as if they had binding legal effect. Such reports do not satisfy the constitutional requirements of bicameral approval and presentment to the President needed to give them the force of law.

The executive branch shall construe provisions of the Act that make legislative classifications based on race, ethnicity, or gender in a manner consistent with the requirement of the Due Process Clause of the Fifth Amendment to afford equal protection of the laws.

GEORGE W. BUSH
THE WHITE HOUSE,
August 10, 2005.

• 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 - 41 WCPD 1273 (8/15/05)
  
  2. PDF file from GPO - 41 WCPD 1273 (8/15/05)
  

The law to which this signing statement applies is:

H.R. 3, the "Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users" -- Public Law 109-59 -- 119 STAT 1144

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 (836 pages)

1. Statement of Administration Policy, H.R. 3 -- Transportation Equity Act: A Legacy for Users - Senate  (April 26, 2005) (source: White House web site)

2. Statement of Administration Policy, H.R. 3 -- Transportation Equity Act: A Legacy for Users - House (March 8, 2005) (source: White House web site)

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

 

For Immediate Release
Office of the Press Secretary
October 18, 2005

Statement by the President on H.R. 2360, the "Department of Homeland Security Appropriations Act, 2006"
 

Today, I have signed into law H.R. 2360, the "Department of Homeland Security Appropriations Act, 2006." The Act provides funds to protect the United States against terrorism, assist those adversely affected by natural disasters such as hurricanes, and carry out other departmental functions such as securing our Nation's borders and enforcing our immigration laws.

The executive branch shall construe as calling solely for notification the provisions of the Act that purport to require congressional committee approval for the execution of a law. Any other construction would be inconsistent with the principles enunciated by the Supreme Court of the United States in INS v. Chadha. These provisions include: "United States Visitor and Immigrant Status Indicator Technology;" "Automation Modernization, Customs and Border Protection;" "Air and Marine Interdiction, Operations, Maintenance, and Procurement, Customs and Border Protection;" "Automation Modernization, Immigration and Customs Enforcement;" "Salaries and Expenses, United States Secret Service;" "Research, Development, Acquisition, and Operations, Science and Technology for the Domestic Nuclear Detection Office;" and sections 504, 505, 509, 511, 526, and 538.

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 once every 7 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.

Section 516 of the Act purports to direct the conduct of security and suitability investigations. To the extent that section 516 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 518 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 521 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 521 to neither affect the functions and supervision of personnel of the Secret Service assigned or detailed to duty outside the Department of Homeland Security, nor limit participation by the Secret Service in cooperative command and other arrangements with other governmental entities for the conduct of particular operations.

Section 527 refers to joint explanatory statements of managers accompanying conference reports on specified acts. Such statements do not satisfy the constitutional requirements of bicameral approval and presentment to the President needed to give them the force of law.

The executive branch shall construe section 529 of the Act, relating to privacy officer reports, in a manner consistent with the President's constitutional authority to supervise the unitary executive branch.

GEORGE W. BUSH
THE WHITE HOUSE,
October 18, 2005.

• 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 - 41 WCPD 1558 (10/24/05)
  
  2. PDF file from GPO - 41 WCPD 1558 (10/24/05)

The law to which this signing statement applies is:

H.R. 2360, the "Department of Homeland Security Appropriations Act, 2006" -- Public Law 109-90 -- 119 STAT 2064

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

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

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

1. Statement of Administration Policy, H.R. 2360 – Department of Homeland Security Appropriations Bill, FY 2006 - Senate (July 11, 2005) (source: White House web site)

2. Statement of Administration Policy, H.R. 2360 – Department of Homeland Security Appropriations Bill, FY 2006 - House (May 17, 2005) (source: White House web site)

 

 

GAO Study Report 06-183T:  Federal Emergency Management Agency, Oversight and Management of the National Flood Insurance Program (October 20, 2005) (source: GAO web site)

For Immediate Release
Office of the Press Secretary
November 10, 2005

President's Statement on H.R. 2744, the "Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 2006"

Today, I have signed into law H.R. 2744, the "Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 2006." The Act funds important agriculture, food safety, natural resource and other programs of the Federal Government.

 The executive branch shall construe certain provisions of the Act that purport to require congressional committee approval for the execution of a law 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. These provisions include sections 705, 716, and 732, and language under the heading "Food and Drug Administration, Salaries and Expenses."

The executive branch shall construe section 715, which purports to regulate the transmission of information by employees at the Department of Agriculture, in a manner consistent with the President's constitutional authority to faithfully execute the laws and to supervise the unitary executive branch.

The executive branch shall construe section 719, which purports to regulate the transmittal of legislative recommendations by executive branch officials to the Congress, in a manner consistent with the President's constitutional authority to recommend such measures to the Congress as he deems necessary and expedient.

Several provisions of the bill relate to race or ethnicity. The executive branch shall construe such provisions 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,
November 10, 2005.

• 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 - 41 WCPD 1701 (11/21/05)
  
  2. PDF file from GPO - 41 WCPD 1701 (11/21/05)

The law to which this signing statement applies is:

H.R. 2744, the "Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 2006" -- Public Law 109-97 -- 119 STAT 2120

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

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

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

1. Statement of Administration Policy, H.R. 2744, Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Bill, FY 2006 - Senate (September 19, 2005) (source: White House website)

2. Statement of Administration Policy, H.R. 2744, Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Bill, FY 2006 - House (June 7, 2005) (source: White House website)

 

 

For Immediate Release
Office of the Press Secretary
November 14, 2005

President's Statement on H.R. 3057, the "Foreign Operations, Export Financing, and Related Programs Appropriations Act, 2006"
 

Today, I have signed into law H.R. 3057, the "Foreign Operations, Export Financing, and Related Programs Appropriations Act, 2006." The Act provides funds in support of United States foreign policy objectives abroad.

The Executive Branch shall construe as advisory certain provisions of the Act that purport to direct or burden the President's constitutional authority to conduct foreign relations, either by purporting to direct the content of certain international negotiations and communications or by directing the Executive Branch to collaborate with other entities in the development of foreign policy. These provisions include sections 506(a), 514, 551, 561(a) and (d), 562, 575(a), 590(b) and 593.

The Executive Branch shall also construe certain provisions of the Act 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 of the President to execute the laws. Such provisions include sections 506(e), 509(b), 512, 534(k), 543(b), 564(b), 576(c), 595, and provisions under the headings "Transition Initiatives," USAID; "Andean Counterdrug Initiative," Department of State; and "Debt Restructuring," Department of the Treasury.

GEORGE W. BUSH
THE WHITE HOUSE,
November 14, 2005.

• 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 - 41 WCPD 1718 (11/21/05)
  
  2. PDF file from GPO - 41 WCPD 1718 (11/21/05)
  

The law to which this signing statement applies is:

H.R 3057, the "Foreign Operations, Export Financing, and Related Programs Appropriations Act, 2006" -- Public Law 109-102 -- 119 STAT 2172

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, Presidential Determination on Waiver and Certification of Statutory Provisions Regarding the Palestine Liberation Organization (PLO) Office (October 13, 2006)

2. Memorandum for the Secretary of State [and] the Attorney General, Assignment of Functions Relating to Waivers and Reports Concerning Africa  (May 18, 2006):  71 Fed. Reg. 30553 (May 26, 2006)

3. Memorandum for the Secretary of State, The Director of the Office of National Drug Control Policy, The Director of National Intelligence, Assignment of Function Concerning Assistance to Afghanistan (May 8, 2006): 71 Fed. Reg. 28757 (May 17, 2006)

4. Memorandum for the Secretary of State, Presidential Determination No. 2006-12, Waiver and Certification of Statutory Provisions Regarding the Palestine Liberation Organization (PLO) Office): 71 Fed. Reg. 26409 (May 5, 2006)

5. Memorandum for the Secretary of State, Presidential Determination No. 2006-9, Determination to Waive Military Coup-Related Provision of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 2006, with respect to Pakistan (February 7, 2006) : 71 Fed. Reg. 11135 (March 6, 2006)

6. Statement of Administration Policy, H.R. 3057 – Department of State, Foreign Operations, and Related Programs Appropriations Bill, FY 2006 (July 18, 2005) (source: White House web site)

7. Statement of Administration Policy, H.R. 3057 – Department of State, Foreign Operations, and Related Programs Appropriations Bill, FY 2006 (June 28, 2005) (source: White House web site)

 

Department of State, Public Notice 5543, Determination on U.S. Position on Proposed European Bank for Reconstruction and Development (EBRD) Project in Bosnia and Herzegovina (August 31, 2006): 71 Fed. Reg.  53738 (September 12, 2006)

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 Report for Congress RL30588, Afghanistan: Post-War Governance, Security, and U.S. Policy (August 23, 2006) (source: U.S. Department of State web site)

4. CRS Report for Congress, RS22370: U.S. Foreign Aid to the Palestinians (updated June 27, 2006) (commenting on invocation of the authority of the "unitary executive" in the signing statement for P.L. 109-102) (source: Firstgov web site)

 

For Immediate Release
Office of the Press Secretary
November 20, 2005

President's Statement on H.R. 2419, the 'Energy and Water Development Appropriations Act, 2006'
 

I have signed into law H.R. 2419, the "Energy and Water Development Appropriations Act, 2006." The Act funds programs of the Department of Energy, the Department of the Interior's Bureau of Reclamation, the Army Corps of Engineers, and several other agencies, and provides funds to help protect the Nation's environment.

The executive branch shall construe sections 101 and 303 of the Act as calling for, but not mandating, consultation with the Congress as a precondition to the execution of a law, as is consistent with the Constitution's provisions concerning the separate powers of the Congress to legislate and the President to execute the laws.

GEORGE W. BUSH
THE WHITE HOUSE,
November 19, 2005.

• 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 - 41 WCPD 1751 (11/28/05)
  
  2. PDF file from GPO - 41 WCPD 1751 (11/28/05)
  

The law to which this signing statement applies is:

H.R. 2419, the "Energy and Water Development Appropriations Act, 2006" -- Public Law 109-103 -- 119 STAT 2247

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. 2419 – Energy and Water Development Appropriations Bill, FY 2006 (May 24, 2005) (source: White House web site)

Department of State, Public Notice 5543, Determination on U.S. Position on Proposed European Bank for Reconstruction and Development (EBRD) Project in Bosnia and Herzegovina (August 31, 2006): 71 Fed. Reg. 53738 (September 12, 2006)

 

 

GAO Report 06-1018 to the Chairman and Ranking Minority Member, Subcommittee on Energy and Water Development and Related Agencies, et alia:  Nuclear Waste - DOE’s Efforts to Protect the Columbia River from Contamination Could Be Further Strengthened (August 28, 2006) (source: GAO web site)

 

 

For Immediate Release
Office of the Press Secretary
November 22, 2005

Statement by the President on the "Science, State, Justice, Commerce, and Related Agencies Appropriations Act, 2006"
 

Today, I have signed into law H.R. 2862, the "Science, State, Justice, Commerce, and Related Agencies Appropriations Act, 2006." The Act funds the Departments of Justice, Commerce, and State, and several independent agencies, including the Federal Trade Commission, the Small Business Administration, and the Securities and Exchange Commission.

The executive branch shall construe as advisory the provisions of the Act that purport to direct or burden the Executive's conduct of foreign relations, including the authority to recognize foreign states and negotiate international agreements on behalf of the United States, or limit the President's authority as Commander in Chief. These provisions include sections 405, 413, 414, 631, 637, and language under the headings "International Trade Administration, Operations and Administration" and "Contributions for International Peacekeeping Activities."

GEORGE W. BUSH
THE WHITE HOUSE,
November 22, 2005.

• 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 - 41 WCPD 1764 (11/28/05)
  
  2. PDF file from GPO - 41 WCPD 1764 (11/28/05)
  

The law to which this signing statement applies is:

H.R. 2862, the "Science, State, Justice, Commerce, and Related Agencies Appropriations Act, 2006" -- Public Law 109-108 -- 119 STAT 2290

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

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

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

1. Statement of Administration Policy, H.R. 2862, September 8, 2005 (source: White House website)

2. Statement of Administration Policy, H.R. 2862 – Science, State, Justice, Commerce, and Related Agencies Appropriations Bill, FY 2006 (June 14, 2005) (source: White House website)

 

 

For Immediate Release
Office of the Press Secretary
November 30, 2005

President's Statement on H.R. 3058, the "Transportation,Treasury, and Housing and Urban Development, the Judiciary, the District of Columbia, and Independent Agencies Appropriations Act, 2006"
 

Today, I have signed into law H.R. 3058, the "Transportation, Treasury, and Housing and Urban Development, the Judiciary, the District of Columbia, and Independent Agencies Appropriations Act, 2006." This Act appropriates funds for fiscal year 2006 to these departments and agencies, and for other purposes.

The executive branch shall construe as calling solely for notification those provisions of the Act 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: sections 183, 201, 205, 211, 212, 217, 218, 603, 608, 710, 711, 720, 838, and 841, 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," "High Intensity Drug Trafficking Area Program," "General Services Administration, Federal Buildings Fund," and "National Archive and Records Administration, Electronic Records Archives."

The executive branch shall construe the provisions of the Act in a manner consistent with the President's authority to supervise the unitary executive branch and take care that the laws be faithfully executed, including the authority to direct which officers in the executive branch shall assist the President in faithfully executing the law. Specific provisions that raise this concern include language under the heading "Office of Management and Budget, Salaries and Expenses" relating to the review of executive branch orders, activities, regulations, transcripts, and testimony, and relating to the 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 Act 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 sections 120, 182, 818, 820, and language under the heading "Operating Subsidy Grants to the National Passenger Railroad Corporation."

Certain provisions in the Act purport to allocate funds for specified purposes as set forth in the joint explanatory statement of managers that accompanied the Act; to make changes in statements of managers that accompanied various appropriations bills reported from conferences in the past; or to direct compliance with a committee report. 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 section 710 and language under the headings "Community Planning and Development, Community Development Fund," "Department of Housing and Urban Development, Management and Administration, Salaries and Expenses," and "Office of Management and Budget, Salaries and Expenses."

The executive branch shall construe provisions that purport to require or regulate the submission of legislative proposals to the Congress by executive branch officials consistently with the President's constitutional authority to recommend to the Congress such measures as he judges necessary and expedient and authority to supervise the unitary executive branch. Such provisions include sections 182, 208, 219, 315, and 818.

Section 809 seeks to prohibit the expenditure of funds for the salaries of "any person for the filling of any position for which he or she has been nominated after the Senate has voted not to approve the nomination of said person." The executive branch shall construe this provision in a manner consistent with the President's constitutional authority to make recess appointments.

The executive branch shall construe section 836, 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.

Certain provisions of the Act relate to race, ethnicity, or gender. The executive branch shall construe such provisions 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,
November 30, 2005.

• 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 - 41 WCPD 1800 (12/5/05)
  
  2. PDF file from GPO - 41 WCPD 1800 (12/5/05)
  

The law to which this signing statement applies is:

H.R. 3058, the "Transportation, Treasury, and Housing and Urban Development, the Judiciary, the District of Columbia, and Independent Agencies Appropriations Act, 2006" -- Public Law 109-115 -- 119 STAT 2396

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. OMB M-06-13, Memorandum for Heads of Executive Departments and Agencies  -- Competitive Sourcing under Section 842(a) of Public Law 109-115  (April 24, 2006) (source: OMB section of the White House web site)

2. Executive Order 13393 of December 22, 2005: Adjustments of Certain Rates of Pay: 70 Fed. Reg 76655 (December 27, 2005)

3. Statement of Administration Policy, RE: H.R. 3058 -- Transportation, Treasury, Judiciary, HUD and3 Related Agencies Appropriations Bill, FY 2006 (October 19, 2005) (source: White House website) (contains reference to unitary executive)

4.  Statement of Administration Policy, RE: H.R. 3058 – Transportation, Treasury, Housing and Urban Development, the Judiciary, and the District of Columbia Appropriations Bill, FY 2006 (June 29, 2005) (source: White House website)

For Immediate Release
Office of the Press Secretary
November 30, 2005

President's Statement on H.R. 2528, the "Military Quality of Life and Veterans Affairs Appropriations Act, 2006"

Today, I have signed into law H.R. 2528, the "Military Quality of Life and Veterans Affairs Appropriations Act, 2006." This Act appropriates funds for construction to support the operations of the United States Armed Forces and for military family housing. The Act also provides funds to support the medical care and other needs of our Nation's veterans.

The Constitution requires bicameral passage, and presentment to the President, of all congressional actions governing other branches, as the Supreme Court of the United States recognized in INS v. Chadha (1983), and thus prohibits conditioning executive branch action on the approval of congressional committees. Many provisions of the Act conflict with this requirement and therefore shall be construed as calling solely for notification, including the following: "Department of Defense Base Closure Account 2005," "Department of Veterans Affairs, Information Technology Systems," "Department of Veterans Affairs, Construction, Major Projects," and sections 128, 129, 130, 201, 211, 216, 225, 226, 227, and 229.

Several provisions of the Act require notice to the Congress, including sections 107, 110, 113, and 118, which require notice of the relocation of activities between military installations, initiation of a new installation abroad, U.S. military exercises involving $100,000 in construction costs, and the initiation of certain types of programs. As the Supreme Court of the United States has made clear, 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 to require notice at a time and in a manner consistent with the President's constitutional authority.

The Constitution commits to the President the primary responsibility for conducting the foreign relations of the United States, including the exclusive responsibility for formulating the position of the United States in international fora and conducting negotiations with foreign nations. Section 118, which purports, through a reporting requirement, to direct the power of the Department of Defense to conduct the foreign relations of the United States, shall be construed as advisory, consistent with the Constitution's grant of such power to the President.

Section 126 of the Act purports to require Department of Defense officials to respond in writing within 21 days to any question or inquiry from certain legislative subcommittees. The executive branch shall construe this section 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.

GEORGE W. BUSH
THE WHITE HOUSE,
November 30, 2005.

• 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 - 41 WCPD 1799 (12/5/05)
  
  2. PDF file from GPO - 41 WCPD 1799 (12/5/05)
  

The law to which this signing statement applies is:

H.R. 2528, the "Military Quality of Life and Veterans Affairs Appropriations Act, 2006" -- Public Law 109-114 -- 119 STAT 2372

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. 2528 – Military Quality of Life and Veterans Affairs, and Related Agencies Appropriations Bill, FY 2006 (May 26, 2005) (source: White House web site)

 

For Immediate Release
Office of the Press Secretary
December 30, 2005

President's Statement on Signing of H.R. 2863, the "Department of Defense, Emergency Supplemental Appropriations to Address Hurricanes in the Gulf of Mexico, and Pandemic Influenza Act, 2006"
 

Today, I have signed into law H.R. 2863, the "Department of Defense, Emergency Supplemental Appropriations to Address Hurricanes in the Gulf of Mexico, and Pandemic Influenza Act, 2006." The Act provides resources needed to fight the war on terror, help citizens of the Gulf States recover from devastating hurricanes, and protect Americans from a potential influenza pandemic.

Sections 8007, 8011, and 8093 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 8093 can be provided in most situations as a matter of comity, situations may arise, especially in wartime, in which the President must act promptly under his constitutional grants of executive power and authority as Commander in Chief of the Armed Forces while protecting certain extraordinarily sensitive national security information. The executive branch shall construe these sections in a manner consistent with the constitutional authority of the President.

Section 8059 of the Act provides that, notwithstanding any other provision of law, no funds available to the Department of Defense for fiscal year 2006 may be used to transfer defense articles or services, other than intelligence services, to another nation or an international organization for international peacekeeping, peace enforcement, or humanitarian assistance operations, until 15 days after the executive branch notifies six committees of the Congress of the planned transfer. To the extent that protection of the U.S. Armed Forces deployed for international peacekeeping, peace enforcement, or humanitarian assistance operations might require action of a kind covered by section 8059 sooner than 15 days after notification, the executive branch shall construe the section in a manner consistent with the President's constitutional authority as Commander in Chief.

A proviso in the Act's appropriation for "Operation and Maintenance, Defense-Wide" purports to prohibit planning for consolidation of certain offices within the Department of Defense. Also, sections 8010(b), 8032, 8037(b), and 8100 purport to specify the content of portions of future budget requests to the Congress. The executive branch shall construe these provisions relating to planning and making of budget recommendations in a manner consistent with the President's constitutional authority to require the opinions of the heads of departments, to supervise the unitary executive branch, and to recommend for congressional consideration such measures as the President shall judge necessary and expedient.

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

The executive branch shall construe section 8104, relating to integration of foreign intelligence information, in a manner consistent with the President's constitutional authority as Commander in Chief, including for the conduct of intelligence operations, and to supervise the unitary executive branch. Also, the executive branch shall construe sections 8106 and 8119 of the Act, which purport to prohibit the President from altering command and control relationships within the Armed Forces, as advisory, as any other construction would be inconsistent with the constitutional grant to the President of the authority of Commander in Chief.

The executive branch shall construe provisions of the Act relating to race, ethnicity, gender, and State residency, such as sections 8014, 8020 and 8057, in a manner consistent with the requirement to afford equal protection of the laws under the Due Process Clause of the Constitution's Fifth Amendment.

The executive branch shall construe Title X in Division A of the Act, relating to detainees, in a manner consistent with the constitutional authority of the President to supervise the unitary executive branch and as Commander in Chief and consistent with the constitutional limitations on the judicial power, which will assist in achieving the shared objective of the Congress and the President, evidenced in Title X, of protecting the American people from further terrorist attacks. Further, in light of the principles enunciated by the Supreme Court of the United States in 2001 in Alexander v. Sandoval, and noting that the text and structure of Title X do not create a private right of action to enforce Title X, the executive branch shall construe Title X not to create a private right of action. Finally, given the decision of the Congress reflected in subsections 1005(e) and 1005(h) that the amendments made to section 2241 of title 28, United States Code, shall apply to past, present, and future actions, including applications for writs of habeas corpus, described in that section, and noting that section 1005 does not confer any constitutional right upon an alien detained abroad as an enemy combatant, the executive branch shall construe section 1005 to preclude the Federal courts from exercising subject matter jurisdiction over any existing or future action, including applications for writs of habeas corpus, described in section 1005.

Language in Division B of the Act, under the heading "Office of Justice Programs, State and Local Law Enforcement Assistance," purports to require the Attorney General to consult congressional committees prior to allocating appropriations for expenditure to execute the law. Because the President's constitutional authority to supervise the unitary executive branch and take care that the laws be faithfully executed cannot be made by law subject to a requirement to consult with congressional committees or to involve them in executive decision-making, the executive branch shall construe the provision to require only notification. At the same time, the Attorney General shall, as a matter of comity between the executive and legislative branches, seek and consider the views of appropriate committees in this matter as the Attorney General deems appropriate.

Certain provisions in the Act purport to allocate funds for specified purposes as set forth in the joint explanatory statement of managers that accompanied the Act or other Acts; to make changes in statements of managers that accompanied various appropriations bills reported from conferences in the past; or to direct compliance with a committee report. Such provisions include section 8044 in Division A, and sections 5022, 5023, and 5024 and language under the heading "Natural Resources Conservation Service, Conservation Operations" in Division B, of the Act. Other provisions of the Act, such as sections 8073 and 8082 in Division A, purport to give binding effect to legislative documents not presented to the President. The executive branch shall construe all these provisions in a manner consistent with the bicameral passage and presentment requirements of the Constitution for the making of a law.

GEORGE W. BUSH
THE WHITE HOUSE,
December 30, 2005.

• 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 - 41 WCPD 1918 (1/2/06)
  
  2. PDF file from GPO - unavailable - click here
  

The law to which this signing statement applies is:

H.R. 2863, the "Department of Defense, Emergency Supplemental Appropriations to Address Hurricanes in the Gulf of Mexico, and Pandemic Influenza Act, 2006" -- Public Law 109-148 -- 119 STAT 2680

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

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

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

1. Statement of Administration Policy, H.R. 2863 – Department of Defense Appropriations Bill, FY 2006 - Senate (September 30, 2005) (source: White House web site)

2. Statement of Administration Policy, H.R. 2863 – Department of Defense Appropriations Bill, FY 2006 - House (June 16, 2005) (source: White House web site)

3. Memorandum from the President, to the Vice President et al., Humane Treatment of al Qaeda and Taliban Detainees (February 7, 2002) (source: Pace University Law School Library)

 

1. Army Field Manual 2-22.3 (FM 34-52), Human Intelligence Collector Operations (as revised September 6, 2006) (source: Department of Defense web site) [Editor's Note: Although this document is marked as authorized for distribution to federal agencies only and contains instructions for its destruction to prevent unauthorized disclosure, the Department of Defense placed the full document on its web site for download and released the document to the public on September 6, 2006, along with a press release noting its availability to the public. The press release quotes Army Lt. Gen. John Kimmons, the Army’s deputy chief of staff for intelligence, as expressly stating: "The new field manual is unclassified, so it can be shared with coalition partners and is completely transparent to scrutiny.")

2. Department of Defense, Fifth Report to Congress Required by § 9010 of P.L. 109-148, Measuring Stability and Security in Iraq (September 1, 2006) (source: Department of Defense web site)

3. Department of Justice, Office of Legal Counsel, Memorandum: Proposed Amendments to Military Commission Order No. 1 (Certain proposed amendments to the Secretary of Defense’s Military Commission Order No. 1 are consistent with the President’s Military Order of November 12, 2001) (August 12, 2005) (source: DOJ web site)

4. Department of Justice, Office of Legal Counsel, Memorandum: "Legal Standards Applicable Under 18 U.S.C. §§ 2340-2340a 9 (interprets the federal criminal prohibition against torture codified at 18 U.S.C. §§ 2340-2340A, and supersedes in its entirety the August 1, 2002 opinion of this Office entitled Standards of Conduct under 18 U.S.C. §§ 2340-2340A)," (December 20, 2004) (source: DOJ web site) (archived copy -- HTML converted to PDF)

5. Department of Justice, Office of Legal Counsel, Memorandum for Alberto R. Gonzales, Counsel to the President, Re Standards of Conduct for Interrogation Under 18 U.S.C. §§ 2340-2340A (August 1, 2002) (superseded) (source: Washington Post)

 

1.  Senator Patrick Leahy, Remarks on Voting Rights Act Reauthorization and Amendments Act of 2006, Congressional Record,  Senate S8781 (August 3, 2006) (following up on remarks of July 28, 2006) (source: GPO web site)

2. Senator Patrick Leahy, Remarks on Presidential Signing Statements, Congressional Record,  Senate S8404 (July 28, 2006) (source: GPO web site)

3. Senator Dick Durbin, Remarks on Guantanamo Bay, Congressional Record S. 7290 (July 11, 2006) (remarking on "flaws in the [Bush] administration's interrogation and detention policies," including the signing statement for 109-148 as it affects treatment of detainees in Guantanamo Bay") (source: GPO web site)

4. Representative John Conyers, Remarks Upon Entering a Media Article Concerning Presidential Signing Statements into the Record, Congressional Record E1336 (June 29, 2006) (brief remark on the signing statement for PL 109-148 before entering "Power Grab", by Elizabth Drew into the record) (source: GPO web site)

5. Representative Edward Markey, Remarks Concerning H.R.5631, the Department of Defense Appropriations Act, 2007, Congressional Record, H4253 (June 20, 2006) (discussing, at p. H4275,the signing statement for the Detainee Treatment Act (P.L. 109-148)) (source: GPO web site)

6. Hearing Before the Committee on the Judiciary, House of Representatives, 109th Congress, 2nd Session, Serial No. 109–137 (April 6, 2006) (Rep. Delahunt (D-Ma) questioning Attorney General Alberto Gonzales concerning the signing statement for the Patriot Act reauthorization and the McCain anti-torture amendment) (source: GPO web site) (see pp. 40 et seq.)

7. S. HRG. 109–524 -- An Examination of the Call to Censure the President: Hearing Before the Committee On The Judiciary United States Senate,  One Hundred Ninth Congress Second Session (March 31, 2006) Serial No. J–109–66 (source: GPO web site) (Senate hearing discussing signing statements generally and the signing statement for the Detainee Treatment Act)

8. S. Hrg. 109–500: Wartime Executive Power and the National Security Agency’s Surveillance Authority Hearings Before the Committee on the Judiciary United States Senate, 109th Congress, Second Session Serial No. J–109–59  (February 6, February 28, and March 28, 2006) (extensive discussion of: (a) executive authority to conduct surveillance and the FISA Act, and (b) signing statements generally and the signing statement  for P.L. 109-148 particularly by Senators Specter, Graham, and Leahy and Attorney General Gonzales) (Note -- this file is large -- 37 MB and 906 pages) (source: GPO web site)

9.  Joint Statement by Senator John W. Warner, R-Va., Chairman, Senate Armed Services Committee, and Senator John McCain, R-Ariz.: Presidential Signing Statement on Detainee Provisions (January 4, 2006) (source: John Warner's Senate web site (HTML converted to PDF))

10. Russ Feingold introduced S. Res. 303, to censure the President and Attorney General, in part for the signing statement for P.L. 109-148. The GPO print of the resolution, as introduced, is available here.

 

1. CRS Report for Congress RL31367: Treatment of “Battlefield Detainees” in the War on Terrorism (November 14, 2006) (source: U.S. Department of State web site)

2. CRS Report for Congress RS22330: Improvised Explosive Devices (IEDs) in Iraq and Afghanistan: Effects and Countermeasures (updated September 25, 2006) (source: U.S. Department of State web site)

3. CRS Report for Congress RL33655, Interrogation of Detainees: Overview of the McCain Amendment (updated September 25, 2006) (source: Federation of American Scientists)

4. CRS Report for Congress RL33643, Undisclosed U.S. Detention Sites Overseas: Background and Legal Issues (September 12, 2006) (source: U.S. Department of State web site)

5. CRS Report for Congress RS22239, Emergency Supplemental Appropriations for Hurricane Katrina Relief (updated August 22, 2006) (source: U.S. Department of State web site)

6. CRS Report for Congress RS22466, Hamdan v. Rumsfeld: Military Commissions in the “Global War on Terrorism” (July 6, 2006) (source: U.S. Department of State web site)

7. CRS Report for Congress RL31367: Treatment of “Battlefield Detainees” in the War on Terrorism (March 27, 2006) (source: U.S. Department of State web site)

8. 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)

9. CRS Report for Congress, OC- RL32438: U.N. Convention Against Torture (CAT): Overview and Application to Interrogation Techniques (updated January 25, 2006) (discusses "unitary executive" and the signing for P.L. 109-148 and P.L. 109-163 with respect to provisions prohibiting torture) (source: University of North Texas)

 

1. GAO Report to Congressional Committees (GAO-06-1003):  Hurricane Katrina -- Status of Hospital Inpatient and Emergency Departments in the Greater New Orleans Area (September 29, 2006)

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

3. GAO Report 06-834 to Congressional Committees: Disaster Relief: Governmentwide Framework Needed to Collect and Consolidate Information to Report on Billions in Federal Funding for the 2005 Gulf Coast Hurricanes (September 6, 2006) (source: GAO web site)

4. GAO Report 06-934 to Congressional Committees, Hurricane Katrina - Strategic Planning Needed to Guide Future Enhancements Beyond Interim Levee Repairs (September 6, 2006) (source: GAO web site)

 

1. Hamdan v. Rumsfeld , No. 185-04 (S. Ct. Slip Opinion, June 29, 2006). See pages 114-115 of the slip opinion. (source: United States Supreme Court web site) Justice Antonin Scalia quoted the signing statement for P.L. 109-148 in footnote 5 of his dissent)

2. Hamdan v. Rumsfeld, 415 F.3d 33 (D.C. Cir. Ct. App. 2005) (reversed and remanded by the Supreme Court on June 29, 2006) (discussion of weight of presidential interpretation) (source: web site of the U.S. Courts of Appeals for the District of Columbia)

3. Hamdan v. Rumsfeld, 344 F. Supp. 2d 152 (D.C.D.C. 2004) (source: web site of the U.S. District Court for the District of Columbia) (discussion of "inherent" powers of president)

 

Situation of detainees at Guantánamo Bay: Report of the Chairperson-Rapporteur of the Working Group on Arbitrary Detention, et al, United Nations Commission on Human Rights, Economic and Social Council: E/CN.4/2006/120 (27 February 2006) (source: web site of the Office of the United Nations High Commissioner for Human Rights)

For Immediate Release
Office of the Press Secretary
December 30, 2005

President's Statement on H.R. 3010, the 'Department of Labor, Heath and Human Services, and Education, and Related Agencies Appropriations Act, 2006'
 

Today, I have signed into law H.R. 3010, the "Departments of Labor, Health and Human Services, and Education, and Related Agencies Appropriations Act, 2006." This Act appropriates funds for key domestic programs, including programs to protect America's workers, help educate America's youth, and guard Americans against potential bioterrorism or epidemics.

The executive branch shall construe certain provisions of the Act that purport to require congressional committee approval for the execution of a law as calling solely for notification, as any other construction would be inconsistent with the constitutional principles enunciated by the Supreme Court of the United States in INS v. Chadha. These provisions include sections 103, 208, and language under the heading "Pension Benefit Guaranty Corporation Fund."

The executive branch shall construe provisions in the Act that purport to mandate or regulate submission of information to the Congress 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 language under the heading "Department of Health and Human Services, Office of the Secretary, General Departmental Management."

Certain provisions of the Act relate to race, ethnicity, or gender. The executive branch shall construe such provisions 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 30, 2005.

• 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 - 41 WCPD 1920 (1/2/06)
  
  2. PDF file from GPO unavilable - click here
  

The law to which this signing statement applies is:

H.R. 3010, the "Departments of Labor, Health and Human Services, and Education, and Related Agencies Appropriations Act, 2006" -- Public Law 109-149 -- 119 STAT 2833

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. 3010 – Labor, Health and Human Services, and Education, and Related Agencies Appropriations Bill, FY 2006 (June 23, 2005) (source: White House website)

 

1. GAO Report 07-87 to Congressional Requesters, Abstinence Education:  Efforts to Assess the Accuracy and Effectiveness of Federally Funded Programs (October 2006 ) (source: GAO web site)

2. GAO Report 06-0767R to Congressional Requesters, Subject: Head Start: Progress and Challenges in Implementing Transportation Regulations (July 27, 2006) (source: GAO web site)