Presidential Signing Statements

THE WHITE HOUSE

Office of the Press Secretary _________________________________________________________________

FOR IMMEDIATE RELEASE
January 02, 2011

Statement by the President on signing the James Zadroga 9/11 Health and Compensation Act

"I was honored to sign the James Zadroga 9/11 Health and Compensation Act to ensure that rescue and recovery workers, residents, students, and others suffering from health consequences related to the World Trade Center disaster have access to the medical monitoring and treatment they need. We will never forget the selfless courage demonstrated by the firefighters, police officers, and first responders who risked their lives to save others. I believe this is a critical step for those who continue to bear the physical scars of those attacks."

 

Statement by the President on H.R. 847 (last visited 1/3/2011)

 

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., 2011 DCPD No. 00003

2. PDF file from the GPO -Daily Comp. Pres. Docs., 2011 DCPD No. 00003 - (digitally signed by GPO)

 

The law to which this signing statement applies is:

H.R.847, the "James Zadroga 9/11 Health and Compensation Act " - Public Law 111-347 -- 124 STAT 3623

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

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

2. PDF from the GPO's Public and Private Laws - 45 pp - digitally signed by the GPO

 

THE WHITE HOUSE

Office of the Press Secretary _________________________________________________________________

FOR IMMEDIATE RELEASE
January 07, 2011

Statement by the President on H.R. 6523

Today I have signed into law H.R. 6523, the "Ike Skelton National Defense Authorization Act for Fiscal Year 2011." 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.

Section 1032 bars the use of funds authorized to be appropriated by this Act for fiscal year 2011 to transfer Guantanamo detainees into the United States, and section 1033 bars the use of certain funds to transfer detainees to the custody or effective control of foreign countries unless specified conditions are met. Section 1032 represents a dangerous and unprecedented challenge to critical executive branch authority to determine when and where to prosecute Guantanamo detainees, based on the facts and the circumstances of each case and our national security interests. The prosecution of terrorists in Federal court is a powerful tool in our efforts to protect the Nation and must be among the options available to us. Any attempt to deprive the executive branch of that tool undermines our Nation's counterterrorism efforts and has the potential to harm our national security.

With respect to section 1033, the restrictions on the transfer of detainees to the custody or effective control of foreign countries interfere with the authority of the executive branch to make important and consequential foreign policy and national security determinations regarding whether and under what circumstances such transfers should occur in the context of an ongoing armed conflict. We must have the ability to act swiftly and to have broad flexibility in conducting our negotiations with foreign countries. The executive branch has sought and obtained from countries that are prospective recipients of Guantanamo detainees assurances that they will take or have taken measures reasonably designed to be effective in preventing, or ensuring against, returned detainees taking action to threaten the United States or engage in terrorist activities. Consistent with existing statutes, the executive branch has kept the Congress informed about these assurances and notified the Congress prior to transfers. Requiring the executive branch to certify to additional conditions would hinder the conduct of delicate negotiations with foreign countries and therefore the effort to conclude detainee transfers in accord with our national security.

Despite my strong objection to these provisions, which my Administration has consistently opposed, I have signed this Act because of the importance of authorizing appropriations for, among other things, our military activities in 2011.

Nevertheless, my Administration will work with the Congress to seek repeal of these restrictions, will seek to mitigate their effects, and will oppose any attempt to extend or expand them in the future.

BARACK OBAMA

THE WHITE HOUSE,
January 7, 2011

 

 

Statement by the President on H.R. 6523 (last visited 1/7/2011)

 

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., 2011 DCPD No. 00011

2. PDF file from the GPO - Daily Comp. Pres. Docs., 2011 DCPD No. 00011

 

The law to which this signing statement applies is:

H.R. 6523, the "Ike Skelton National Defense Authorization Act for Fiscal Year 2011" - Public Law 111-383 -- 124 STAT 4137

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

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

2. PDF from the GPO's Public and Private Laws - 383 pp - digitally signed by the GPO

 

THE WHITE HOUSE

Office of the Press Secretary _________________________________________________________________

FOR IMMEDIATE RELEASE
April 14, 2011

Statement by President Obama on H.R. 4

“Today, I was pleased to take another step to relieve unnecessary burdens on small businesses by signing H.R. 4 into law. Small business owners are the engine of our economy and because Democrats and Republicans worked together, we can ensure they spend their time and resources creating jobs and growing their business, not filling out more paperwork. I look forward to continuing to work with Congress to improve the tax credit policy in this legislation and I am eager to work with anyone with ideas about how we can make health care better or more affordable.”

 

 

Statement by the President on H.R. 4 (last visited 4/16/2011)

 

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., 2011 DCPD No. 00255

2. PDF file from the GPO - Daily Comp. Pres. Docs., 2011 DCPD No. 00255 - digitally signed by the GPO

 

The law to which this signing statement applies is:

H.R. 4, the Comprehensive 1099 Taxpayer Protection and Repayment of Exchange Subsidy Overpayments Act of 2011 (P.L. 112-9) -- 125 STAT 36

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

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

2. PDF from the GPO's Public and Private Laws - digitally signed by the GPO

 

THE WHITE HOUSE

Office of the Press Secretary _________________________________________________________________

FOR IMMEDIATE RELEASE
April 15, 2011

Statement by the President on H.R. 1473

Today I have signed into law H.R. 1473, the "Department of Defense and Full-Year Continuing Appropriations Act, 2011".

Section 1112 of the Act bars the use of funds for the remainder of fiscal year 2011 to transfer Guantanamo detainees into the United States, and section 1113 bars the use of funds for the remainder of fiscal year 2011 to transfer detainees to the custody or effective control of foreign countries unless specified conditions are met. Section 1112 represents the continuation of a dangerous and unprecedented challenge to critical executive branch authority to determine when and where to prosecute Guantanamo detainees, based on the facts and the circumstances of each case and our national security interests. The prosecution of terrorists in Federal court is a powerful tool in our efforts to protect the Nation and must be among the options available to us. Any attempt to deprive the executive branch of that tool undermines our Nation's counterterrorism efforts and has the potential to harm our national security.

With respect to section 1113 of the Act, the restrictions on the transfer of detainees to the custody or effective control of foreign countries interfere with the authority of the executive branch to make important and consequential foreign policy and national security determinations regarding whether and under what circumstances such transfers should occur in the context of an ongoing armed conflict. We must have the ability to act swiftly and to have broad flexibility in conducting our negotiations with foreign countries. The executive branch has sought and obtained from countries that are prospective recipients of Guantanamo detainees assurances that they will take or have taken measures reasonably designed to be effective in preventing, or ensuring against, returned detainees taking action to threaten the United States or engage in terrorist activities. Consistent with existing statutes, the executive branch has kept the Congress informed about these assurances and notified the Congress prior to transfers. Requiring the executive branch to certify to additional conditions would hinder the conduct of delicate negotiations with foreign countries and therefore the effort to conclude detainee transfers in accord with our national security.

Despite my continued strong objection to these provisions, I have signed this Act because of the importance of avoiding a lapse in appropriations for the Federal Government, including our military activities, for the remainder of fiscal year 2011.

Nevertheless, my Administration will work with the Congress to seek repeal of these restrictions, will seek to mitigate their effects, and will oppose any attempt to extend or expand them in the future.

Section 2262 of the Act would prohibit the use of funds for several positions that involve providing advice directly to the President. The President has well-established authority to supervise and oversee the executive branch, and to obtain advice in furtherance of this supervisory authority. The President also has the prerogative to obtain advice that will assist him in carrying out his constitutional responsibilities, and do so not only from executive branch officials and employees outside the White House, but also from advisers within it.

Legislative efforts that significantly impede the President's ability to exercise his supervisory and coordinating authorities or to obtain the views of the appropriate senior advisers violate the separation of powers by undermining the President's ability to exercise his constitutional responsibilities and take care that the laws be faithfully executed. Therefore, the executive branch will construe section 2262 not to abrogate these Presidential prerogatives.

BARACK OBAMA

THE WHITE HOUSE,

April 15, 2011.

Statement by the President on H.R. 1473 (last visited 4/16/2011)

 

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., 2011 DCPD No. 00263

2. PDF file from the GPO -Daily Comp. Pres. Docs., 2011 DCPD No. 00263 - digitally signed by the GPO

 

The law to which this signing statement applies is:

H.R. 1473, the "Department of Defense and Full-Year Continuing Appropriations Act, 2011". (P.L. 112-10) -- 124 STAT 38

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

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

2. PDF from the GPO's Public and Private Laws - digitally signed by the GPO - 176 pp

 

THE WHITE HOUSE

Office of the Press Secretary _________________________________________________________________

FOR IMMEDIATE RELEASE
December 23, 2011

Statement by the President on H.R. 2055

Today I have signed into law H.R. 2055, the "Consolidated Appropriations Act, 2012." This bill provides the funding necessary for the smooth operation of our Nation's Government.

I have previously announced that it is the policy of my Administration, and in the interests of promoting transparency in Government, to indicate when a bill 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 H.R. 2055 raise constitutional concerns.

In this bill, the Congress has once again included provisions that would bar the use of appropriated funds for transfers of Guantanamo detainees into the United States (section 8119 of Division A), as well as transfers to the custody or effective control of foreign countries unless specified conditions are met (section 8120 of Division A). These provisions are similar to others found in the National Defense Authorization Act for Fiscal Year 2012. My Administration has repeatedly communicated my objections to these provisions, including my view that they could, under certain circumstances, violate constitutional separation of powers principles. In approving this bill, I reiterate the objections my Administration has raised regarding these provisions, my intent to interpret and apply them in a manner that avoids constitutional conflicts, and the promise that my Administration will continue to work towards their repeal.

The Congress has also included certain provisions in this bill that could interfere with my constitutional authorities in the areas of foreign relations and national security. Section 113 of Division H requires the Secretary of Defense to notify the Appropriations Committees of both Houses of Congress 30 days in advance of "any proposed military exercise involving United States personnel" that is anticipated to involve expenditures of more than $100,000 on construction. Language in Division I, title I, under the headings International Organizations, Contributions for International Peacekeeping Activities, disallows the expenditure of funds "for any United Nations peacekeeping mission that will involve United States Armed Forces under the command or operational control of a foreign national," unless my military advisers have advised that such an involvement is in the national interest, and unless I have made the same recommendation to the Congress. In approving this bill, I reiterate the understanding, which I have communicated to the Congress, that I will apply these provisions in a manner consistent with my constitutional authority as Commander in Chief.

Certain provisions in Division I, including sections 7013, 7025, 7029, 7033, 7043, 7046, 7049, 7059, 7062, and 7071, restrict or require particular diplomatic communications, negotiations, or interactions with foreign governments or international organizations. Others, including sections 7031, 7037, and 7086, hinder my ability to receive diplomatic representatives of foreign governments. Finally, section 7041 requires the disclosure to the Congress of information regarding ongoing diplomatic negotiations. I have advised the Congress that I will not treat these provisions as limiting my constitutional authorities in the area of foreign relations.

Moreover, several provisions in this bill, including section 627 of Division C and section 512 of Division D, could prevent me from fulfilling my constitutional responsibilities, by denying me the assistance of senior advisers and by obstructing my supervision of executive branch officials in the execution of their statutory responsibilities. I have informed the Congress that I will interpret these provisions consistent with my constitutional duty to take care that the laws be faithfully executed.

Additional provisions in this bill, including section 8013 of Division A and section 218 of Division F, purport to restrict the use of funds to advance certain legislative positions. I have advised the Congress that I will not construe these provisions as preventing me from fulfilling my constitutional responsibility to recommend to the Congress's consideration such measures as I shall judge necessary and expedient.

Numerous provisions of this bill purport to condition the authority of executive branch officials to spend or reallocate funds on the approval of congressional committees. These are constitutionally impermissible forms of congressional aggrandizement in the execution of the laws. Although my Administration will notify the relevant committees before taking the specified actions, and will accord the recommendations of such committees appropriate and serious consideration, our spending decisions shall not be treated as dependent on the approval of congressional committees. In particular, section 1302 of Division G conditions the authority of the Librarian of Congress to transfer funds between sections of the Library upon the approval of the Committees on Appropriations of the House of Representatives and the Senate. I have advised the Congress of my understanding that this provision does not apply to funds for the Copyright Office, which performs an executive function in administering the copyright laws.

BARACK OBAMA

THE WHITE HOUSE,
December 23, 2011.

Statement by the President on H.R. 2055 (last visited 12/27/2011)

 

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., 2011 DCPD No. 00966

2. PDF file from the GPO -Daily Comp. Pres. Docs., 2011 DCPD No. 00966 - digitally signed by the GPO

 

The law to which this signing statement applies is:

H.R. 2055, the ""Consolidated Appropriations Act, 2012." (P.L. 112-74) -- 124 STAT 786

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

2. PDF from the GPO's Public and Private Laws - digitally signed by the GPO - 487 pp

THE WHITE HOUSE

Office of the Press Secretary _________________________________________________________________

FOR IMMEDIATE RELEASE
December 31, 2011

Statement by the President on H.R. 1540

Today I have signed into law H.R. 1540, the "National Defense Authorization Act for Fiscal Year 2012." I have signed the Act chiefly because it authorizes funding for the defense of the United States and its interests abroad, crucial services for service members and their families, and vital national security programs that must be renewed. In hundreds of separate sections totaling over 500 pages, the Act also contains critical Administration initiatives to control the spiraling health care costs of the Department of Defense (DoD), to develop counterterrorism initiatives abroad, to build the security capacity of key partners, to modernize the force, and to boost the efficiency and effectiveness of military operations worldwide.

The fact that I support this bill as a whole does not mean I agree with everything in it. In particular, I have signed this bill despite having serious reservations with certain provisions that regulate the detention, interrogation, and prosecution of suspected terrorists. Over the last several years, my Administration has developed an effective, sustainable framework for the detention, interrogation and trial of suspected terrorists that allows us to maximize both our ability to collect intelligence and to incapacitate dangerous individuals in rapidly developing situations, and the results we have achieved are undeniable. Our success against al-Qa'ida and its affiliates and adherents has derived in significant measure from providing our counterterrorism professionals with the clarity and flexibility they need to adapt to changing circumstances and to utilize whichever authorities best protect the American people, and our accomplishments have respected the values that make our country an example for the world.

Against that record of success, some in Congress continue to insist upon restricting the options available to our counterterrorism professionals and interfering with the very operations that have kept us safe. My Administration has consistently opposed such measures. Ultimately, I decided to sign this bill not only because of the critically important services it provides for our forces and their families and the national security programs it authorizes, but also because the Congress revised provisions that otherwise would have jeopardized the safety, security, and liberty of the American people. Moving forward, my Administration will interpret and implement the provisions described below in a manner that best preserves the flexibility on which our safety depends and upholds the values on which this country was founded.

Section 1021 affirms the executive branch's authority to detain persons covered by the 2001 Authorization for Use of Military Force (AUMF) (Public Law 107-40; 50 U.S.C. 1541 note). This section breaks no new ground and is unnecessary. The authority it describes was included in the 2001 AUMF, as recognized by the Supreme Court and confirmed through lower court decisions since then. Two critical limitations in section 1021 confirm that it solely codifies established authorities. First, under section 1021(d), the bill does not "limit or expand the authority of the President or the scope of the Authorization for Use of Military Force." Second, under section 1021(e), the bill may not be construed to affect any "existing law or authorities relating to the detention of United States citizens, lawful resident aliens of the United States, or any other persons who are captured or arrested in the United States." My Administration strongly supported the inclusion of these limitations in order to make clear beyond doubt that the legislation does nothing more than confirm authorities that the Federal courts have recognized as lawful under the 2001 AUMF. Moreover, I want to clarify that my Administration will not authorize the indefinite military detention without trial of American citizens. Indeed, I believe that doing so would break with our most important traditions and values as a Nation. My Administration will interpret section 1021 in a manner that ensures that any detention it authorizes complies with the Constitution, the laws of war, and all other applicable law.

Section 1022 seeks to require military custody for a narrow category of non-citizen detainees who are "captured in the course of hostilities authorized by the Authorization for Use of Military Force." This section is ill-conceived and will do nothing to improve the security of the United States. The executive branch already has the authority to detain in military custody those members of al-Qa'ida who are captured in the course of hostilities authorized by the AUMF, and as Commander in Chief I have directed the military to do so where appropriate. I reject any approach that would mandate military custody where law enforcement provides the best method of incapacitating a terrorist threat. While section 1022 is unnecessary and has the potential to create uncertainty, I have signed the bill because I believe that this section can be interpreted and applied in a manner that avoids undue harm to our current operations.

I have concluded that section 1022 provides the minimally acceptable amount of flexibility to protect national security. Specifically, I have signed this bill on the understanding that section 1022 provides the executive branch with broad authority to determine how best to implement it, and with the full and unencumbered ability to waive any military custody requirement, including the option of waiving appropriate categories of cases when doing so is in the national security interests of the United States. As my Administration has made clear, the only responsible way to combat the threat al-Qa'ida poses is to remain relentlessly practical, guided by the factual and legal complexities of each case and the relative strengths and weaknesses of each system. Otherwise, investigations could be compromised, our authorities to hold dangerous individuals could be jeopardized, and intelligence could be lost. I will not tolerate that result, and under no circumstances will my Administration accept or adhere to a rigid across-the-board requirement for military detention. I will therefore interpret and implement section 1022 in the manner that best preserves the same flexible approach that has served us so well for the past 3 years and that protects the ability of law enforcement professionals to obtain the evidence and cooperation they need to protect the Nation.

My Administration will design the implementation procedures authorized by section 1022(c) to provide the maximum measure of flexibility and clarity to our counterterrorism professionals permissible under law. And I will exercise all of my constitutional authorities as Chief Executive and Commander in Chief if those procedures fall short, including but not limited to seeking the revision or repeal of provisions should they prove to be unworkable.

Sections 1023-1025 needlessly interfere with the executive branch's processes for reviewing the status of detainees. Going forward, consistent with congressional intent as detailed in the Conference Report, my Administration will interpret section 1024 as granting the Secretary of Defense broad discretion to determine what detainee status determinations in Afghanistan are subject to the requirements of this section.

Sections 1026-1028 continue unwise funding restrictions that curtail options available to the executive branch. Section 1027 renews the bar against using appropriated funds for fiscal year 2012 to transfer Guantanamo detainees into the United States for any purpose. I continue to oppose this provision, which intrudes upon critical executive branch authority to determine when and where to prosecute Guantanamo detainees, based on the facts and the circumstances of each case and our national security interests. For decades, Republican and Democratic administrations have successfully prosecuted hundreds of terrorists in Federal court. Those prosecutions are a legitimate, effective, and powerful tool in our efforts to protect the Nation. Removing that tool from the executive branch does not serve our national security. Moreover, this intrusion would, under certain circumstances, violate constitutional separation of powers principles.

Section 1028 modifies but fundamentally maintains unwarranted restrictions on the executive branch's authority to transfer detainees to a foreign country. This hinders the executive's ability to carry out its military, national security, and foreign relations activities and like section 1027, would, under certain circumstances, violate constitutional separation of powers principles. The executive branch must have the flexibility to act swiftly in conducting negotiations with foreign countries regarding the circumstances of detainee transfers. In the event that the statutory restrictions in sections 1027 and 1028 operate in a manner that violates constitutional separation of powers principles, my Administration will interpret them to avoid the constitutional conflict.

Section 1029 requires that the Attorney General consult with the Director of National Intelligence and Secretary of Defense prior to filing criminal charges against or seeking an indictment of certain individuals. I sign this based on the understanding that apart from detainees held by the military outside of the United States under the 2001 Authorization for Use of Military Force, the provision applies only to those individuals who have been determined to be covered persons under section 1022 before the Justice Department files charges or seeks an indictment. Notwithstanding that limitation, this provision represents an intrusion into the functions and prerogatives of the Department of Justice and offends the longstanding legal tradition that decisions regarding criminal prosecutions should be vested with the Attorney General free from outside interference. Moreover, section 1029 could impede flexibility and hinder exigent operational judgments in a manner that damages our security. My Administration will interpret and implement section 1029 in a manner that preserves the operational flexibility of our counterterrorism and law enforcement professionals, limits delays in the investigative process, ensures that critical executive branch functions are not inhibited, and preserves the integrity and independence of the Department of Justice.

Other provisions in this bill above could interfere with my constitutional foreign affairs powers. Section 1244 requires the President to submit a report to the Congress 60 days prior to sharing any U.S. classified ballistic missile defense information with Russia. Section 1244 further specifies that this report include a detailed description of the classified information to be provided. While my Administration intends to keep the Congress fully informed of the status of U.S. efforts to cooperate with the Russian Federation on ballistic missile defense, my Administration will also interpret and implement section 1244 in a manner that does not interfere with the President's constitutional authority to conduct foreign affairs and avoids the undue disclosure of sensitive diplomatic communications. Other sections pose similar problems. Sections 1231, 1240, 1241, and 1242 could be read to require the disclosure of sensitive diplomatic communications and national security secrets; and sections 1235, 1242, and 1245 would interfere with my constitutional authority to conduct foreign relations by directing the Executive to take certain positions in negotiations or discussions with foreign governments. Like section 1244, should any application of these provisions conflict with my constitutional authorities, I will treat the provisions as non-binding.

My Administration has worked tirelessly to reform or remove the provisions described above in order to facilitate the enactment of this vital legislation, but certain provisions remain concerning. My Administration will aggressively seek to mitigate those concerns through the design of implementation procedures and other authorities available to me as Chief Executive and Commander in Chief, will oppose any attempt to extend or expand them in the future, and will seek the repeal of any provisions that undermine the policies and values that have guided my Administration throughout my time in office.

 

BARACK OBAMA

THE WHITE HOUSE,
December 23, 2011.

Statement by the President on H.R. 1540 (last visited 1/1/2012)

 

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., 2011 DCPD No. 00978

2. PDF file from the GPO - Daily Comp. Pres. Docs., 2011 DCPD No. 00978

 

The law to which this signing statement applies is:

H.R. 1540, the "National Defense Authorization Act for Fiscal Year 2012" (P.L. 112-81) -- 124 STAT 1298

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

2. PDF from the GPO's Public and Private Laws - digitally signed by the GPO - 566 pp