Presidential Signing Statements

President Bush Signs H.R. 4986, the National Defense Authorization Act for Fiscal Year 2008 into Law


Today, I have signed into law H.R. 4986, the National Defense Authorization Act for Fiscal Year 2008. The Act authorizes funding for the defense of the United States and its interests abroad, for military construction, and for national security-related energy programs.

Provisions of the Act, including sections 841, 846, 1079, and 1222, purport to impose requirements that could inhibit the President's ability to carry out his constitutional obligations to take care that the laws be faithfully executed, to protect national security, to supervise the executive branch, and to execute his authority as Commander in Chief. The executive branch shall construe such provisions in a manner consistent with the constitutional authority of the President.

GEORGE W. BUSH
THE WHITE HOUSE,
January 28, 2008.

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• Text of the same signing statement from the Weekly Compilation of Presidential Documents published by the Government Printing Office (GPO)
  (click links to see text)
  
  1. plain text at the GPO - 44 WCPD 15 (2/4/08)
  
  2. PDF file from GPO - 44 WCPD 15 (2/4/08)
  

The law to which this signing statement applies is:

H.R. 4986, the "National Defense Authorization Act for Fiscal Year 2008" -- Public Law 110-81 -- 122 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 (digitally signed) (604 pages)

1. Hearing of the Oversight and Investigations Subcommittee of the House Armed Services Committee on the impact of the Presidential signing statement on the Department of Defense’s implementation of the Fiscal Year 2008 National Defense Authorization Act (March 11, 2008).

Opening Statement of Subcommittee Chairman Vic Snyder
Audio File of Hearing (direct link to audio file)

Part 1
Part 2
Part 3

Statement of T.J. Halstead, Legislative Attorney, American Law Division, Congressional Research Service

Statement of Gary L. Kepplinger, General Counsel, U.S. Government Accountability Office

Statement of Bruce Fein, Constitutional Attorney, Bruce Fein & Associates, Member, ABA Task Force on Presidential Signing Statements

Statement of Nicholas Quinn Rosenkranz, Associate Professor of Law, Georgetown University Law Center

2. Sen. Joseph Biden: Press Release on President's Signing Statement on Permanent Bases in Iraq (January 31, 2008)

3. Sen. Bob Casey (D-PA): Press Release addressing President Bush’s signing statement accompanying the Defense Authorization bill (January 29, 2008)

4. Sen. Carl Levin (D-MI): Floor Statement Concerning the President’s Signing Statement on the National Defense Authorization Act for Fiscal Year 2008 (January 29, 2008)

5. Sen. Jim Webb (D-Va): Press release concerning remarks from Senate floor with respect to the Commission on Wartime Contracting and the President’s signing statement (January 29, 2008)

6. U.S. Representative Tom Allen (D-Maine): Message to Maine: "Signing Statement Attempts to Thwart Iraq Policy Changes" (March 7, 2008)

7. HR 5626, introduced by Rep. Bill Delahunt (D-Ma) on 13 March 2008, notes, in § 2 (1)(4), that “President George W. Bush indicated in a signing statement accompanying the bill that he would not be bound by a provision of that law that prohibits the United States from establishing permanent military bases in Iraq.” HR 5626 seeks to “reassert the constitutional role of Congress in making long-term security commitments, to defer significant long-term security commitments to Iraq to the next Administration and Congress, and to maintain international legal authority and immunity for United States Armed Forces in Iraq by promoting the extension of the United Nations mandate.” The GPO print of HR 5626, as introduced, is available here.

 

For Immediate Release
Office of the Press Secretary
September 30, 2008

Statement by the President on H.R. 2638, the "Consolidated Security, Disaster Assistance, and Continuing Appropriations Act, 2009"

Today I have signed into law H.R. 2638, the "Consolidated Security, Disaster Assistance, and Continuing Appropriations Act, 2009." The Act, consisting of five divisions, consolidates into a single Act several appropriations bills. It provides through emergency supplemental appropriations additional Fiscal Year (FY) 2008 resources needed for relief and recovery from hurricanes, floods, and other disasters, and other supplemental appropriations.

The Act also includes full-year FY 2009 appropriations for the Department of Defense and the Department of Homeland Security and for Military Construction and Veterans Affairs. Furthermore, the Act provides FY 2009 appropriations to continue operations of the Federal Government through March 6, 2009, for projects and activities not otherwise covered in the full-year bills. This Act lifts the legislative moratoria on oil and gas leasing on significant portions of the Outer Continental Shelf and the prohibition on the completion of regulations for commercial leasing of oil shale, which will allow us to reduce our dependence on foreign oil.

I am disappointed that the Congress passed a long-term continuing resolution. There is much work to be done, and the Congress should not adjourn for the year without finishing important business on spending, taxes, and free trade agreements.

Finally, this legislation contains certain provisions similar to those found in prior appropriations bills passed by the Congress that might be construed to be inconsistent with my Constitutional responsibilities. To avoid such potential infirmities, the executive branch will interpret and construe such provisions in the same manner as I have previously stated in regard to similar provisions.

GEORGE W. BUSH
THE WHITE HOUSE,
September 30, 2008.

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• Text of the same signing statement from the Weekly Compilation of Presidential Documents published by the Government Printing Office (GPO)
  (click links to see text)
  
  1. plain text at the GPO - 44 WCPD 1280 (10/6/08)
  
  2. PDF file from GPO - 44 WCPD 1280 (10/6/08)
  

The law to which this signing statement applies is:

H.R. 2638, the "Consolidated Security, Disaster Assistance, and Continuing Appropriations Act, 2009" -- Public Law 110-329 -- 122 STAT 3574

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 (digitally signed)

For Immediate Release
Office of the Press Secretary
October 8, 2008

Statement by the President on the Occasion of Signing H.R. 7081

I am pleased today to sign into law the United States-India Nuclear Cooperation Approval and Nonproliferation Enhancement Act, which approves the U.S.-India 123 Agreement. The passage of this legislation by the Congress marks another major milestone in achieving the vision that Prime Minister Singh and I set forth on July 18, 2005, to transform the relationship between our two countries and to establish a strategic partnership. This Act will strengthen the relationship between the United States and India and deliver valuable benefits to both nations.

The legislation does not change the terms of the 123 Agreement as I submitted it to the Congress. That Agreement is consistent with the Atomic Energy Act and other elements of U.S. law. This legislation is important as it enables me to bring the 123 Agreement into force and to accept on behalf of the United States the obligations contained in the Agreement.

The Agreement grants India advance consent to reprocessing which will be brought into effect upon conclusion of arrangements and procedures for a dedicated reprocessing facility under IAEA safeguards.

In addition, the legislation does not change the fuel assurance commitments that the U.S. Government has made to the Government of India, as recorded in the 123 Agreement.

The passage of this legislation reflects the common view of my Administration and the Congress as to the value of nuclear cooperation and is in the interest of the United States and India.

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• Text of the same signing statement from the Weekly Compilation of Presidential Documents published by the Government Printing Office (GPO)
  (click links to see text)
  
  1. plain text at the GPO - 44 WCPD 1320 (10/13/08)
  
  2. PDF file from GPO - 44 WCPD 1320 (10/13/08)
  

The law to which this signing statement applies is:

H.R. 7081, the "United States-India Nuclear Cooperation Approval and Nonproliferation Enhancement Act" -- Public Law 110-369 -- 122 STAT 4028

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 (digitally signed)

 

Statement of Administration Policy, H.R. 7081 – United States-India Nuclear Cooperation Approval and Non-proliferation Enhancement Act (October 1, 2008) (source: OMB section of White House website)

 

CRS Report for Congress RL33016: U.S. Nuclear Cooperation with India: Issues for Congress (updated November 3, 2008) (source: Open CRS)

For Immediate Release
Office of the Press Secretary
October 14, 2008  

Statement by the President on S. 3001, the "Duncan Hunter National Defense Authorization Act for Fiscal Year 2009"

Today I have signed into law S. 3001, the "Duncan Hunter National Defense Authorization Act for Fiscal Year 2009." The Act authorizes funding for the defense of the United States and its interests abroad, for military construction, and for national security-related energy programs.

Provisions of the Act, including sections 851, 902, 1211(2), and 1508(b), purport to impose requirements that could inhibit the President's ability to carry out his constitutional obligations to take care that the laws be faithfully executed, to protect national security, to conduct diplomatic negotiations, to supervise the executive branch, to appoint officers of the United States, and to execute his authority as Commander in Chief. The executive branch shall continue to construe such provisions in a manner consistent with the constitutional authority and obligations of the President.

GEORGE W. BUSH
THE WHITE HOUSE,
October 14, 2008.

# # #

 

 

• 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 - 44 WCPD 1346 (10/20/08)
  
  2. PDF file from GPO - 44 WCPD 1346 (10/20/08)
  

The law to which this signing statement applies is:

S. 3001, the "Duncan Hunter National Defense Authorization Act for Fiscal Year 2009" -- Public Law 110-417 -- 122 STAT 4356

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 (digitally signed)

 

Statement of Administration Policy - (Senate) - S. 3001 – National Defense Authorization Act for Fiscal Year 2009 (September 9, 2008) (source: OMB section of White House website)

For Immediate Release
Office of the Press Secretary
October 14, 2008

Statement by the President on H.R. 928, the "Inspector General Reform Act of 2008"

Today I have signed into law H.R. 928, the "Inspector General Reform Act of 2008." The Act amends various authorities related to Federal Inspectors General.

Section 6 of the bill gives Inspectors General the right to obtain legal advice from lawyers working for an Inspector General. It is important that Inspectors General have timely and accurate legal advice. It is also important that agencies have structures through which to reach a single, final authoritative determination for the agency of what the law is. This determination is subject to the authority of the Attorney General with respect to legal questions within, and the President's authority to supervise, the executive branch and, of course, the courts in specific cases or controversies. To this end, the "rule of construction" in section 6 ensures that, within each agency, the determinations of the law remain ultimately the responsibility of the chief legal officer and the head of the agency.

Section 8 of the bill includes provisions that purport to direct or regulate the content of the President's budget submissions, including provisions that purport to direct the President to include the comments of Inspectors General with respect to those submissions. The President's budget submissions are recommendations for enactment of legislation appropriating funds. The executive branch shall construe section 8 of the bill in a manner consistent with the President's constitutional authority to recommend for congressional consideration such measures as the President shall judge necessary and expedient.

GEORGE W. BUSH
THE WHITE HOUSE,
October 14, 2008.

# # #

 

• 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 - 44 WCPD 1345 (10/20/08)
  
  2. PDF file from GPO - 44 WCPD 1345 (10/20/08)
  

The law to which this signing statement applies is:

H.R. 928, the "Inspector General Reform Act of 2008" -- Public Law 110-409 -- 122 STAT 4302

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 (digitally signed)

 

Letter from four Senators calling on President to honor congressional intent with reform of Inspector General law (October 30, 2008) (response to signing statement for P.L. 110-409) (source: downloaded from the website of the Senate Finance Committee) (last visited 12/23/2008)