Presidential Signing Statements

[Not available on the White House website.]
[Text supplied by the Office of the Federal Register]

Statement on Signing the American Recovery and Reinvestment Act of 2009
February 17, 2009


Today I have signed into law H.R. 1, the "American Recovery and Reinvestment Act of 2009." The Act provides a direct fiscal boost to help lift our Nation from the greatest economic crisis in our lifetimes and lay the foundation for further growth. This recovery plan will help to save or create as many as three to four million jobs by the end of 2010, the vast majority of them in the private sector. It will make the most significant investment in America's roads, bridges, mass transit, and other infrastructure since the construction of the interstate highway system. It will make investments to foster reform in education, double renewable energy while fostering efficiency in the use of our energy, and improve quality while bringing down costs in healthcare. Middle-class families will get tax cuts and the most vulnerable will get the largest increase in assistance in decades.

The situation we face could not be more serious. We have inherited an economic crisis as deep and as dire as any since the Great Depression. Economists from across the spectrum have warned that failure to act quickly would lead to the disappearance of millions of more jobs and national unemployment rates that could be in the double digits. I want to thank the Congress for coming together around this hard-fought compromise. No one policy or program will solve the challenges we face right now, nor will this crisis recede in a short period of time. However, with this Act we begin the process of restoring the economy and making America a stronger and more prosperous Nation.

My Administration will initiate new, far-reaching measures to help ensure that every dollar spent in this historic legislation is spent wisely and for its intended purpose. The Federal Government will be held to new standards of transparency and accountability. The legislation includes no earmarks. An oversight board will be charged with monitoring our progress as part of an unprecedented effort to root out waste and inefficiency. This board will be advised by experts—not just Government experts, not just politicians, but also citizens with years of expertise in management, economics, and accounting.

So much depends on what we do at this moment. This is not about the future of my Administration. This effort is about the future of our families and communities, our economy and our country. We are going to move forward carefully and transparently and as effectively as possible because so much is on the line. That is what we have already begun to do—drafting this plan with a level of openness for which the American people have asked and that this situation demands.

BARACK OBAMA
The White House,
February 17, 2009.

This signing statement cannot be found on the White House website.

Text of the same signing statement from the Daily Compilation of Presidential Documents (DCPD) published by the Office of the Federal Register at the Government Printing Office (GPO)

(click either link below to see the text)

1. text version at the GPO - Daily Comp. Pres. Docs., 2009 DCPD No. 00088

2. PDF file from GPO - Daily Comp. Pres. Docs., 2009 DCPD No. 00088

The law to which this signing statement applies is:

H.R. 1, the "American Recovery and Reinvestment Act of 2009" -- Public Law 111-5 -- 123 STAT 115

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

1. Text at the GPO's Public and Private Laws

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

Remarks by the President and Vice President at Signing of the American Recovery and Reinvestment Act (2/17/2009): White House text and OFR text (Daily Comp. Pres. Docs., 2009 DCPD No. 00087)

THE WHITE HOUSE

Office of the Press Secretary _________________________________________________________________

For Immediate Release
March 11, 2009

STATEMENT BY THE PRESIDENT

Today I have signed into law H.R. 1105, the "Omnibus Appropriations Act, 2009." This bill completes the work of last year by providing the funding necessary for the smooth operation of our Nation's Government.

As I announced this past Monday, it is a legitimate constitutional function, and one that promotes the value of transparency, to indicate when a bill that is presented for Presidential signature includes provisions that are subject to well-founded constitutional objections. The Department of Justice has advised that a small number of provisions of the bill raise constitutional concerns.

• Foreign Affairs. Certain provisions of the bill, in titles I and IV of Division B, title IV of Division E, and title VII of Division H, would unduly interfere with my constitutional authority in the area of foreign affairs by effectively directing the Executive on how to proceed or not proceed in negotiations or discussions with international organizations and foreign governments. I will not treat these provisions as limiting my ability to negotiate and enter into agreements with foreign nations.
• United Nations Peacekeeping Missions. Section 7050 in Division H prohibits the use of certain funds for the use of the Armed Forces in United Nations peacekeeping missions under the command or operational control of a foreign national unless my military advisers have recommended to me that such involvement is in the national interests of the United States. This provision raises constitutional concerns by constraining my choice of particular persons to perform specific command functions in military missions, by conditioning the exercise of my authority as Commander in Chief on the recommendations of subordinates within the military chain of command, and by constraining my diplomatic negotiating authority. Accordingly, I will apply this provision consistent with my constitutional authority and responsibilities.
• Executive Authority to Control Communications with the Congress. Sections 714(1) and 714(2) in Division D prohibit the use of appropriations to pay the salary of any Federal officer or employee who interferes with or prohibits certain communications between Federal employees and Members of Congress. I do not interpret this provision to detract from my authority to direct the heads of executive departments to supervise, control, and correct employees' communications with the Congress in cases where such communications would be unlawful or would reveal information that is properly privileged or otherwise confidential.
• Legislative Aggrandizements (committee-approval requirements). Numerous provisions of the legislation purport to condition the authority of officers to spend or reallocate funds on the approval of congressional committees. These are impermissible forms of legislative aggrandizement in the execution of the laws other than by enactment of statutes. Therefore, although my Administration will notify the relevant committees before taking the specified actions, and will accord the recommendations of such committees all appropriate and serious consideration, spending decisions shall not be treated as dependent on the approval of congressional committees. Likewise, one other provision gives congressional committees the power to establish guidelines for funding costs associated with implementing security improvements to buildings. Executive officials shall treat such guidelines as advisory. Yet another provision requires the Secretary of the Treasury to accede to all requests of a Board of Trustees that contains congressional representatives. The Secretary shall treat such requests as nonbinding.
• Recommendations Clause Concerns. Several provisions of the Act (including sections 211 and 224(b) of title II of Division I, and section 713 in Division A), effectively purport to require me and other executive officers to submit budget requests to the Congress in particular forms. Because the Constitution gives the President the discretion to recommend only "such Measures as he shall judge necessary and expedient" (Article II, section 3 of the Constitution), the specified officers and I shall treat these directions as precatory.

BARACK OBAMA

THE WHITE HOUSE,
March 11, 2009.

Statement by the President upon Signing H.R. 1105, the "Omnibus Appropriations Act, 2009" (last visited 3/15/2009)

Text of the same signing statement from the Daily Compilation of Presidential Documents (DCPD) published by the Office of the Federal Register at the Government Printing Office (GPO)

(click either link below to see the text)

1. text format at the GPO - Daily Comp. Pres. Docs., 2009 DCPD No. 00145

2. PDF file from GPO - Daily Comp. Pres. Docs., 2009 DCPD No. 00145

The law to which this signing statement applies is:

H.R. 1105, the "Omnibus Appropriations Act, 2009" - Public Law 111-8 -- 123 STAT 524

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

1. Text at the GPO's Public and Private Laws

2. PDF from the GPO's Public and Private Laws
(466 pp., digitally signed)

 

 

Memorandum Opinion from the Department of Justice, Office of Legal Counsel, for the Acting Legal Adviser, Department of State

Constitutionality of Section 7054 of the Fiscal Year 2009 Foreign Appropriations Act (June 1, 2009) (source: DOJ website)

Senator Chuck Grassley (R-Iowa): Press Release containing Senator Grassley's letter to President Obama concerning the signing statement for HR 1105 (March 13, 2009)

THE WHITE HOUSE

Office of the Press Secretary _________________________________________________________________

EMBARGOED UNTIL DELIVERY 
March 30, 2009

STATEMENT BY THE PRESIDENT

Today I have signed into law H.R. 146, the "Omnibus Public Land Management Act of 2009." This landmark bill will protect millions of acres of Federal land as wilderness, protect more than 1,000 miles of rivers through the National Wild and Scenic River System, and designate thousands of miles of trails for the National Trails System. It also will authorize the 26 million-acre National Landscape Conservation System within the Department of the Interior.

Among other provisions, H.R. 146 designates three new units in our National Park System, enlarges the boundaries of several existing parks, and designates a number of National Heritage Areas. It creates a new national monument -- the Prehistoric Trackways National Monument –- and four new national conservation areas, and establishes the Wyoming Range Withdrawal Area. It establishes a collaborative landscape-scale restoration program with a goal of reducing the risk of wildfire and authorizes programs to study and research the effects of climate change on natural resources and other research-related activities.

Treasured places from coast to coast will benefit from H.R. 146, including Pictured Rocks National Lakeshore in Michigan; Monongahela National Forest in West Virginia; Oregon's Mount Hood; Idaho's Owyhee Canyons; the Rocky Mountain National Park in Colorado; Zion National Park in Utah; remarkable landscapes in the Sierra Nevada Mountains of California; and wilderness-quality National Forest lands in Virginia and public lands in New Mexico.

This bipartisan bill has been many years in the making, and is one of the most important pieces of natural resource legislation in decades. This legislation also makes progress for which millions of Americans have long waited on another front. The Christopher and Dana Reeve Paralysis Act is the first piece of comprehensive legislation aimed at improving the lives of Americans living with paralysis. It creates new coordinated research activities through the National Institutes of Health that will connect the best minds and best practices from the best labs across the country, and focus their efforts through collaborative scientific research into a cure for paralysis, saving effort, money, and, most importantly, time. It will promote enhanced rehabilitation services for paralyzed Americans, helping develop better equipment and technology that allows them to live full and independent lives free from unnecessary barriers. This legislation will work to improve the quality of life for all those who live with paralysis, no matter the cause.

Section 8203 of the Act provides that the Secretary of the Interior shall appoint certain members of the Erie Canalway National Heritage Corridor Commission "based on recommendations from each member of the House of Representatives, the district of which encompasses the Corridor." Because it would be an impermissible restriction on the appointment power to condition the Secretary's appointments on the recommendations of members of the House, I will construe these provisions to require the Secretary to consider such congressional recommendations, but not to be bound by them in making appointments to the Commission.

BARACK OBAMA

THE WHITE HOUSE,
March 30, 2009.

Statement by the President upon Signing H.R. 146, the "Omnibus Appropriations Act, 2009" (last visited 3/30/2009)

Text of the same signing statement from the Daily Compilation of Presidential Documents (DCPD) published by the Office of the Federal Register at the Government Printing Office (GPO)

(click either link below to see the text)


1. HTML format at the GPO - Daily Comp. Pres. Docs., 2009 DCPD No. 00201

2. PDF file from the GPO - Daily Comp. Pres. Docs., 2009 DCPD No. 00201

The law to which this signing statement applies is:

H.R. 146, the "Omnibus Public Land Management Act of 2009" - Public Law 111-11 -- 123 STAT 991

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

1. Text at the GPO's Public and Private Laws

2. PDF from the GPO's Public and Private Laws
(466 pp., digitally signed)

THE WHITE HOUSE

Office of the Press Secretary _________________________________________________________________

FOR IMMEDIATE RELEASE
May 20, 2009

STATEMENT BY THE PRESIDENT

Today I have signed into law S. 386, the "Fraud Enforcement and Recovery Act of 2009." This Act provides Federal investigators and prosecutors with significant new criminal and civil tools to assist in holding accountable those who have committed financial fraud. These legislative enhancements will help the Department of Justice to combat mortgage fraud, securities and commodities fraud, and related offenses, and to protect taxpayer money that has been expended on recent economic stimulus and rescue packages. With the tools that the Act provides, the Department of Justice and others will be better equipped to address the challenges that face the Nation in difficult economic times and to do their part to help the Nation respond to this challenge.

Section 5(d) of the Act requires every department, agency, bureau, board, commission, office, independent establishment, or instrumentality of the United States to furnish to the Financial Crisis Inquiry Commission, a legislative entity, any information related to any Commission inquiry. As my Administration communicated to the Congress during the legislative process, the executive branch will construe this subsection of the bill not to abrogate any constitutional privilege.

BARACK OBAMA
THE WHITE HOUSE,
May 20, 2009.

 

Statement by the President on S. 386 (last visited 5/21/2009)

Text of the same signing statement from the Daily Compilation of Presidential Documents (DCPD) published by the Office of the Federal Register at the Government Printing Office (GPO)

(click either link below to see the text)


1. HTML format at the GPO - Daily Comp. Pres. Docs., 2009 DCPD No. 00387

2. PDF file from the GPO - Daily Comp. Pres. Docs., 2009 DCPD No. 00387

The law to which this signing statement applies is:

S. 386, the "Fraud Enforcement and Recovery Act of 2009" - Public Law 111-21 -- 123 STAT 1617

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

1. Text at the GPO's Public and Private Laws

2. PDF from the GPO's Public and Private Laws (15 pp., digitally signed)

Statement of Administration Policy, S. 386 - Fraud Enforcement and Recovery Act of 2009 - Senate (April 20, 2009) (source: OMB website)

President's Remarks Upon Signing the the Fraud Enforcement and Recovery Act of 2009 and Legislation To Prevent Mortgage Foreclosures and Enhance Mortgage Credit Availability, Daily Comp. Pres. Docs., 2009 DCPD No. 00387 (May 20, 2009)

THE WHITE HOUSE

Office of the Press Secretary _________________________________________________________________

FOR IMMEDIATE RELEASE
June 2, 2009

STATEMENT BY THE PRESIDENT

Today I am pleased today to sign into law, H.R. 131, which will create a Ronald Reagan Centennial Commission with the responsibility to plan, develop, and carry out activities to honor Ronald Reagan on the 100th anniversary of his birth. It is fitting that the life of our 40th President be commemorated on this occasion. The bill provides that the Commission will be composed of the Secretary of the Interior, four individuals whom I will appoint after considering the recommendations of the Board of Trustees of the Ronald Reagan Foundation, and six members of Congress appointed by the congressional leadership. I wholeheartedly welcome the participation of members of Congress in the activities of the Commission. In accord with President Reagan's Signing Statement made upon signing similar commemorative legislation in 1983, I understand, and my Administration has so advised the Congress, that the members of Congress "will be able to participate only in ceremonial or advisory functions of [such a] Commission, and not in matters involving the administration of the act" in light of the separation of powers and the Appointments and Ineligibility Clauses of the Constitution (Public Papers of the President, Ronald Reagan, Vol. II, 1983, page 1390).


BARACK OBAMA

THE WHITE HOUSE,
June 2, 2009.

Statement by the President on H.R. 131 (last visited 6/2/2009)

Text of the same signing statement from the Daily Compilation of Presidential Documents (DCPD) published by the Office of the Federal Register at the Government Printing Office (GPO)

(click either link below to see the text)


1. HTML format at the GPO - Daily Comp. Pres. Docs., 2009 DCPD No. 00424

2. PDF file from the GPO - Daily Comp. Pres. Docs., 2009 DCPD No. 00424

The law to which this signing statement applies is:

H.R. 131, an act establishing the Ronald Reagan Centennial Commission - Public Law 111-25 -- 123 STAT 1767

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

1. Text at the GPO's Public and Private Laws

2. PDF from the GPO's Public and Private Laws (4 pp., digitally signed)

Memorandum Opinion from the Department of Justice, Office of Legal Counsel, for the Acting Assistant Attorney General for the Office of Legislative Affairs

Constitutionality of the Ronald Reagan Centennial Commission Act of 2009 (April 21, 2009) (source: DOJ website)

THE WHITE HOUSE

Office of the Press Secretary _________________________________________________________________

FOR IMMEDIATE RELEASE
June 24, 2009

Statement from the President on signing the
Supplemental Appropriations Act
 

The President released a statement today after signing HR 2346 in the Oval Office:

"I want to thank the Members of Congress who put politics aside and stood up to support a bill that will provide for the safety of our troops and the American people. This legislation will make available the funding necessary to bring the war in Iraq to a responsible end, defeat terrorist networks in Afghanistan, and further prepare our nation in the event of a continued outbreak of the H1N1 pandemic flu."

THE WHITE HOUSE

Office of the Press Secretary _________________________________________________________________

FOR IMMEDIATE RELEASE
June 26, 2009

Below is a statement from the President upon signing
HR 2346 on June 24, 2009:

Today I have signed into law H.R. 2346, the "Supplemental Appropriations Act, 2009." This Act provides the necessary resources for our troops while supporting ongoing diplomatic and development efforts around the world.

We face a security situation abroad that demands urgent attention. The Taliban is resurgent and al Qaeda is increasing its attacks from its safe haven along the Afghanistan-Pakistan border. The funding provided in this Act will ensure that the full force of the United States is engaged in an overall effort to defeat al Qaeda and uproot this safe haven.

At the same time, funding contained in this Act will provide resources to help create political and economic stability in post-conflict areas. These funds will assist Afghans and Iraqis in protecting and sustaining their infrastructure and building their capacity for more responsive and transparent governance. The Act also provides critical support for continued U.S. diplomatic and development activity in Iraq, Afghanistan, and Pakistan.

In addition, this Act includes funding for other domestic and international issues, including nearly $8 billion to enhance our Nation's capability to respond to the potential spread of the H1N1 flu outbreak. It also expands the resources available to the International Monetary Fund (IMF) by allowing it to boost its lending ability. Many developing countries are experiencing severe economic decline and a massive withdrawal of capital, and the IMF needs to make sure it has the resources necessary to effectively respond to the current financial crisis.

However, provisions of this bill within sections 1110 to 1112 of title XI, and sections 1403 and 1404 of title XIV, would interfere with my constitutional authority to conduct foreign relations by directing the Executive to take certain positions in negotiations or discussions with international organizations and foreign governments, or by requiring consultation with the Congress prior to such negotiations or discussions. I will not treat these provisions as limiting my ability to engage in foreign diplomacy or negotiations.

 

1. Statement from the President on signing the Supplemental Appropriations Act (issued June 24, 2009) (last visited 6/27/2009)

2. Statement from the President upon signing HR 2346 (issued June 26, 2009) (last visited 6/27/2009)

Text of the FIRST signing statement from the Daily Compilation of Presidential Documents (DCPD) published by the Office of the Federal Register at the Government Printing Office (GPO)

(click either link below to see the text)


1. HTML format at the GPO - Daily Comp. Pres. Docs., 2009 DCPD No. 00501

2. PDF file from the GPO - Daily Comp. Pres. Docs., 2009 DCPD No. 00501

Text of the SECOND signing statement from the Daily Compilation of Presidential Documents (DCPD) published by the Office of the Federal Register at the Government Printing Office (GPO)

(click either link below to see the text)


1. HTML format at the GPO - Daily Comp. Pres. Docs., 2009 DCPD No. 00512

2. PDF file from the GPO - Daily Comp. Pres. Docs., 2009 DCPD No. 00512

 

The law to which this signing statement applies is:

H.R. 2346, the "Supplemental Appropriations Act, 2009," - Public Law 111-32 -- 123 STAT 1859

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

1. Text at the GPO's Public and Private Laws

2. PDF from the GPO's Public and Private Laws (digitally signed, 63 pp.)

Statement of Administration Policy, H.R. 2346 – Supplemental Appropriations Act, 2009 - House (May 13, 2009) (source: website of the Office of Management and Budget)

On July 9, 2009, The Hill newspaper reported that the House of Representatives passed an amendment seeking "to nullify Obama's signing statement by withholding funds from any agreement involving the Treasury Department that doesn't follow the conditions set out in the supplemental bill." The full article from The Hill is here.

House Amendment 311 to H.R. 3081 (Department of State, Foreign Operations, and Related Programs Appropriations Act, 2010) provides:

None of the funds made available in this Act may be used by the Secretary of the Treasury to negotiate an agreement in contravention of section 1626 or 1627 of the International Financial Institutions Act, section 1112 or 1403 of the Supplemental Appropriations Act, 2009 (Public Law 111–32), or the provision added to the end of title XVI of the International Financial Institutions Act by section 1404 of the Supplemental Appropriations Act, 2009 (Public Law 111–32).

Section 7092 of H.R. 3081, as passed by the House of Representatives (source: GPO, July 12, 2009) (digitally signed by the GPO -- 200 pp.).

THE WHITE HOUSE

Office of the Press Secretary _________________________________________________________________

FOR IMMEDIATE RELEASE
November 11, 2009

Statement by the President on S.475

Today I have signed into law S. 475, the "Military Spouses Residency Relief Act". This Act, among other things, would provide that when a service member leaves his or her home State in accord with military or naval orders, the service member's spouse may retain residency in his or her home State for voting and tax purposes, after relocating from that State to accompany the service member. When the military orders service members to move, spouses who move with them often have to pay taxes in a new State or locality and lose the right to vote in the place considered to be home. This legislation will alleviate these and other burdens on our military families. As the Congress has recognized, and as the legislative history reflects, this legislation is an important means of maintaining the morale and readiness of our Armed Forces and significantly enhances the ability of our military to effectively recruit and retain these highly valued service personnel.

BARACK OBAMA

THE WHITE HOUSE,
November 11, 2009.

##

Statement by the President on S.475 (last visited 11/12/2009)

Text of the same signing statement from the Daily Compilation of Presidential Documents (DCPD) published by the Office ____ of the Federal Register at the Government Printing Office (GPO)

(click either link below to see the text)


1. HTML format at the GPO - Daily Comp. Pres. Docs., 2009 DCPD No. 00903

2. PDF file from the GPO - Daily Comp. Pres. Docs., 2009 DCPD No. 00903

The law to which this signing statement applies is:

S. 475, the "Military Spouses Residency Relief Act" - Public Law 111-97 -- 123 STAT 3007

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

1. Text at the GPO's Public and Private Laws

2. PDF from the GPO's Public and Private Laws (digitally signed, 3 pp.)