2013
Barack Obama
| Signing Statement |
Affected Law |
| 2013-01 | H.R. 4310, the National Defense Authorization Act for Fiscal Year 2013 |
| 2013-02 | H.R. 1151, an Act concerning participation of Taiwan in the International Civil Aviation Organization |
| 2013-03 | H.R. 2490, the School Access to Emergency Epinephrine Act |
| 2013-04 | S. 220, the HIV Organ Policy Equity (HOPE) Act |
| 2013-05 | H.R. 3304, the National Defense Authorization Act for Fiscal Year 2014 |
Signing Statement for H.R. 4310, the National Defense Authorization Act for Fiscal Year 2013 (P.L. 112-239)
THE WHITE HOUSE
Office of the Press Secretary _________________________________________________________________
FOR IMMEDIATE RELEASE
January 03, 2013
Statement by the the President on H.R. 4310
STATEMENT BY THE PRESIDENT
Today I have signed into law H.R. 4310, the "National Defense Authorization Act for Fiscal Year 2013." I have approved this annual defense authorization legislation, as I have in previous years, because it authorizes essential support for service members and their families, renews vital national security programs, and helps ensure that the United States will continue to have the strongest military in the world.
Even though I support the vast majority of the provisions contained in this Act, which is comprised of hundreds of sections spanning more than 680 pages of text, I do not agree with them all. Our Constitution does not afford the President the opportunity to approve or reject statutory sections one by one. I am empowered either to sign the bill, or reject it, as a whole. In this case, though I continue to oppose certain sections of the Act, the need to renew critical defense authorities and funding was too great to ignore.
In a time when all public servants recognize the need to eliminate wasteful or duplicative spending, various sections in the Act limit the Defense Department's ability to direct scarce resources towards the highest priorities for our national security. For example, restrictions on the Defense Department's ability to retire unneeded ships and aircraft will divert scarce resources needed for readiness and result in future unfunded liabilities. Additionally, the Department has endeavored to constrain manpower costs by recommending prudent cost sharing reforms in its health care programs. By failing to allow some of these cost savings measures, the Congress may force reductions in the overall size of our military forces.
Section 533 is an unnecessary and ill-advised provision, as the military already appropriately protects the freedom of conscience of chaplains and service members. The Secretary of Defense will ensure that the implementing regulations do not permit or condone discriminatory actions that compromise good order and discipline or otherwise violate military codes of conduct. My Administration remains fully committed to continuing the successful implementation of the repeal of Don't Ask, Don't Tell, and to protecting the rights of gay and lesbian service members; Section 533 will not alter that.
Several provisions in the bill also raise constitutional concerns. Section 1025 places limits on the military's authority to transfer third country nationals currently held at the detention facility in Parwan, Afghanistan. That facility is located within the territory of a foreign sovereign in the midst of an armed conflict. Decisions regarding the disposition of detainees captured on foreign battlefields have traditionally been based upon the judgment of experienced military commanders and national security professionals without unwarranted interference by Members of Congress. Section 1025 threatens to upend that tradition, and could interfere with my ability as Commander in Chief to make time-sensitive determinations about the appropriate disposition of detainees in an active area of hostilities. Under certain circumstances, the section could violate constitutional separation of powers principles. If section 1025 operates in a manner that violates constitutional separation of powers principles, my Administration will implement it to avoid the constitutional conflict.
Sections 1022, 1027 and 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 substitutes the Congress's blanket political determination for careful and fact-based determinations, made by counterterrorism and law enforcement professionals, of when and where to prosecute Guantanamo detainees. 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, and in certain cases may be the only legally available process for trying detainees. Removing that tool from the executive branch undermines our national security. Moreover, this provision would, under certain circumstances, violate constitutional separation of powers principles.
Section 1028 fundamentally maintains the unwarranted restrictions on the executive branch's authority to transfer detainees to a foreign country. This provision hinders the Executive's ability to carry out its military, national security, and foreign relations activities and 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. The Congress designed these sections, and has here renewed them once more, in order to foreclose my ability to shut down the Guantanamo Bay detention facility. I continue to believe that operating the facility weakens our national security by wasting resources, damaging our relationships with key allies, and strengthening our enemies. My Administration will interpret these provisions as consistent with existing and future determinations by the agencies of the Executive responsible for detainee transfers. And, in the event that these statutory restrictions operate in a manner that violates constitutional separation of powers principles, my Administration will implement them in a manner that avoids the constitutional conflict.
As my Administration previously informed the Congress, certain provisions in this bill, including sections 1225, 913, 1531, and 3122, could interfere with my constitutional authority to conduct the foreign relations of the United States. In these instances, my Administration will interpret and implement these provisions in a manner that does not interfere with my constitutional authority to conduct diplomacy. Section 1035, which adds a new section 495(c) to title 10, is deeply problematic, as it would impede the fulfillment of future U.S. obligations agreed to in the New START Treaty, which the Senate provided its advice and consent to in 2010, and hinder the Executive's ability to determine an appropriate nuclear force structure. I am therefore pleased that the Congress has included a provision to adequately amend this provision in H.R. 8, the American Taxpayer Relief Act of 2012, which I will be signing into law today.
Certain provisions in the Act threaten to interfere with my constitutional duty to supervise the executive branch. Specifically, sections 827, 828, and 3164 could be interpreted in a manner that would interfere with my authority to manage and direct executive branch officials. As my Administration previously informed the Congress, I will interpret those sections consistent with 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. Additionally, section 1034 would require a subordinate to submit materials directly to the Congress without change, and thereby obstructs the traditional chain of command. I will implement this provision in a manner consistent with my authority as the Commander in Chief of the Armed Forces and the head of the executive branch.
A number of provisions in the bill -- including sections 534(b)(6), 674, 675, 735, 737, 1033(b), 1068, and 1803 -- could intrude upon my constitutional authority to recommend such measures to the Congress as I "judge necessary and expedient." My Administration will interpret and implement these provisions in a manner that does not interfere with my constitutional authority.
BARACK OBAMA
Annotations
Statement by the President on H.R. 4310 (last visited 1/4/2013)
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., 2013 DCPD No. 0004
2. PDF file from the GPO - Daily Comp. Pres. Docs., 2013 DCPD No. 0004
The law to which this signing statement applies is:
H.R. 4310, the "National Defense Authorization Act for Fiscal Year 2013" - Public Law 112-239 -- 126 STAT 1632
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
Signing Statement for H.R. 1151, an Act concerning participation of Taiwan in the International Civil Aviation Organization (P.L. 113-17)
THE WHITE HOUSE
Office of the Press Secretary _________________________________________________________________
FOR IMMEDIATE RELEASE
July 12, 2013
Statement by the the President on H.R. 1151
Today I have signed into law H.R. 1151, an Act concerning participation of Taiwan in the International Civil Aviation
Organization (ICAO). The United States fully supports Taiwan's membership in international organizations where
statehood is not a requirement for membership and encourages Taiwan's meaningful participation, as appropriate,
in organizations where its membership is not possible. My Administration has publicly supported Taiwan's
participation at the ICAO and will continue to do so. Consistent with my constitutional authority to conduct foreign
affairs, my Administration shall construe the Act to be consistent with the "one China" policy of the United States,
which remains unchanged, and shall determine the measures best suited to advance the overall goal of Taiwan's
participation in the ICAO. I note that sections 1(b) and 1(c) of the Act contain impermissibly mandatory language
purporting to direct the Secretary of State to undertake certain diplomatic initiatives and to report to the Congress on
the progress of those initiatives. Consistent with longstanding constitutional practice, my Administration will interpret
and implement these sections in a manner that does not interfere with my constitutional authority to conduct
diplomacy and to protect the confidentiality of diplomatic communications.
_______________________________________________________
Annotations
Statement by the President on H.R. 1151 (last visited 7/13/2013)
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 - 2013 DCPD 0495
2. PDF file from the GPO - 2013 DCPD 0495
3. Link to text at the White House website
The law to which this signing statement applies is:
H.R. 1151, an Act concerning participation of Taiwan in the International Civil Aviation Organization - Public Law 113-17 -- 127 STAT 480
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 - 5 pp - digitally signed by the GPO
Signing Statement for H.R. 2490, the School Access to Emergency Epinephrine Act (P.L. 113-48)
THE WHITE HOUSE
Office of the Press Secretary _________________________________________________________________
FOR IMMEDIATE RELEASE
November 13, 2013
Statement on Signing the School Access to Emergency Epinephrine Act
I just want to thank all of the outstanding legislators who are here and advocates. This is something that will save children's lives. Some people may know that Malia actually has a peanut allergy. She doesn't have asthma, but obviously, making sure that EpiPens are available in case of emergency in schools is something that every parent can understand. And thanks to the bipartisan work of the folks behind us and the advocacy communities that have been pushing this so hard, we're going to be giving States a lot more incentives to make sure that that happens. So I want to congratulate all of you.
_______________________________________________________
Annotations
Statement by the President on H.R. 2490 (last visited 12/9/2013)
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 - 2013 DCPD 0780
2. PDF file from the GPO - 2013 DCPD 0780
3. Link to text at the White House website
The law to which this signing statement applies is:
H.R. 2490, the School Access to Emergency Epinephrine Act - Public Law 113-48 -- 127 STAT 575
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 - 2 pp - digitally signed by the GPO
Signing Statement for S. 330,the HIV Organ Policy Equity (HOPE) Act (P.L. 113-51)
THE WHITE HOUSE
Office of the Press Secretary _________________________________________________________________
FOR IMMEDIATE RELEASE
November 21, 2013
Statement by the President on the HIV Organ Policy Equity (HOPE) Act
Earlier today, I signed into law the HIV Organ Policy Equity (HOPE) Act, a bipartisan piece of legislation that allows scientists to carry out research into organ donations from one person with HIV to another. For decades, these organ transplants have been illegal. It was even illegal to study whether they could be safe and effective. But as our understanding of HIV and effective treatments have grown, that policy has become outdated. The potential for successful organ transplants between people living with HIV has become more of a possibility. The HOPE Act lifts the research ban, and, in time, it could lead to live-saving organ donations for people living with HIV while ensuring the safety of the organ transplant process and strengthening the national supply of organs for all who need them. Improving care for people living with HIV is critical to fighting the epidemic, and it’s a key goal of my National HIV/AIDS Strategy. The HOPE Act marks an important step in the right direction, and I thank Congress for their action.
_______________________________________________________
Annotations
Statement by the President on S. 330 (last visited 12/11/2013)
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 - 2013 DCPD 0797
2. PDF file from the GPO - 2013 DCPD 0797
3. Link to text at the White House website
The law to which this signing statement applies is:
S. 330, the HIV Organ Policy Equity (HOPE) Act - Public Law 113-51 -- 127 STAT 579
To read the law, select one of the links below:
1. Plain text at the GPO's Public and Private Laws
2. PDF from the GPO's Public and Private Laws - 3 pp - digitally signed by the GPO
Signing Statement for H.R. 3304, the National Defense Authorization Act for Fiscal Year 2014 (P.L. 113-66)
THE WHITE HOUSE
Office of the Press Secretary _________________________________________________________________
FOR IMMEDIATE RELEASE
December 26, 2013
Statement by the President on H.R. 3304
Today I have signed into law H.R. 3304, the "National Defense Authorization Act for Fiscal Year 2014." I have signed this annual defense authorization legislation because it will provide pay and bonuses for our service members, enhance counterterrorism initiatives abroad, build the security capacity of key partners, and expand efforts to prevent sexual assault and strengthen protections for victims.
Since taking office, I have repeatedly called upon the Congress to work with my Administration to close the detention facility at Guantanamo Bay, Cuba. The continued operation of the facility weakens our national security by draining resources, damaging our relationships with key allies and partners, and emboldening violent extremists.
For the past several years, the Congress has enacted unwarranted and burdensome restrictions that have impeded my ability to transfer detainees from Guantanamo. Earlier this year I again called upon the Congress to lift these restrictions and, in this bill, the Congress has taken a positive step in that direction. Section 1035 of this Act gives the Administration additional flexibility to transfer detainees abroad by easing rigid restrictions that have hindered negotiations with foreign countries and interfered with executive branch determinations about how and where to transfer detainees. Section 1035 does not, however, eliminate all of the unwarranted limitations on foreign transfers and, in certain circumstances, would violate constitutional separation of powers principles. The executive branch must have the flexibility, among other things, to act swiftly in conducting negotiations with foreign countries regarding the circumstances of detainee transfers. Of course, even in the absence of any statutory restrictions, my Administration would transfer a detainee only if the threat the detainee may pose can be sufficiently mitigated and only when consistent with our humane treatment policy. Section 1035 nevertheless represents an improvement over current law and is a welcome step toward closing the facility.
In contrast, sections 1033 and 1034 continue unwise funding restrictions that curtail options available to the executive branch. Section 1033 renews the bar against using appropriated funds to construct or modify any facility in the United States, its territories, or possessions to house any Guantanamo detainee in the custody or under the control of the Department of Defense unless authorized by the Congress. Section 1034 renews the bar against using appropriated funds to transfer Guantanamo detainees into the United States for any purpose. I oppose these provisions, as I have in years past, and will continue to work with the Congress to remove these restrictions. The executive branch must have the authority to determine when and where to prosecute Guantanamo detainees, based on the facts and 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 interests. Moreover, section 1034 would, under certain circumstances, violate constitutional separation of powers principles.
The detention facility at Guantanamo continues to impose significant costs on the American people. I am encouraged that this Act provides the Executive greater flexibility to transfer Guantanamo detainees abroad, and look forward to working with the Congress to take the additional steps needed to close the facility. In the event that the restrictions on the transfer of Guantanamo detainees in sections 1034 and 1035 operate in a manner that violates constitutional separation of powers principles, my Administration will implement them in a manner that avoids the constitutional conflict.
BARACK OBAMA
THE WHITE HOUSE,
December 26, 2013.
_______________________________________________________
Annotations
Statement by the President on H.R. 3304 (last visited 12/29/2013)
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 - 2013 DCPD 876
2. PDF file from the GPO - 2013 DCPD 876
3. Link to text at the White House website
The law to which this signing statement applies is:
H.R. 3304,National Defense Authorization Act for Fiscal Year 2014 - Public Law 113-66 -- 127 STAT 672
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 - 494 pp - digitally signed by the GPO
3. Enrolled text of H.R. 3304 from the GPO - 493 pp - digitally signed by the GPO
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