Index of Presidential Signing Statements: 2001- 2007
By Neil Kinkopf*
August 2007
* Associate Professor of Law, Georgia State University College of Law
The Index of Presidential Signing Statements: 2001- 2007 is a supplement to Signing Statements and the President's Authority to Refuse to Enforce the Law, published in the Spring 2007 issue of Advance.
The American Constitution Society takes no position on particular legal or policy initiatives. All expressions of opinion are those of the author or authors. ACS encourages its members to express their views and make their voices heard in order to further a rigorous discussion of important issues. Statute Signed
Cite to Signing Statement
Objection Number
Provision Objected To
Reason for Objection
Intended Response1
Category of Objection2
Animal Disease Risk Assessment, Prevention and Control Act of 2001
37 Weekly Comp. Pres. Doc. 804 ( S. 700, P. L. 107- 9, May 24, 2001)
1.
Sec. 3 – requires the Secretary of Agriculture to submit preliminary and final reports concerning need for legislative authority, appropriations and recommendations for legislation.
Interferes with the President’s constitutional authority to recommend to the Congress such measures as the President shall judge necessary and expedient
1
The Department of the Interior and Related Agencies Appropriations Act, 2002
37 Weekly Comp. Pres. Doc. 1601 ( H. R. 2217, P. L. 107- 63, November 5, 2001)
2.
Several provisions purport to require congressional approval before executive branch execution of aspects of the bill
Could be inconsistent with INS v. Chadha.
will construe to require notification only
2
Energy and Water Development Appropriations Act, 2002
37 Weekly Comp. Pres. Doc. 1650 ( H. R. 2311, P. L. 107- 66, November 12, 2001)
3.
Sec. 303 – purports to require congressional approval before executive branch execution of aspects of the bill
Could be inconsistent with INS v. Chadha.
will construe to require notification only
2
1 The " intended response" data may not list all responses.
2 Appendix A contains a key to the " category of objection." Page 1
Statute Signed Cite to Signing
Statement
Objection
Number
Provision Objected To Reason for Objection Intended
Response1
Category
of
Objection2
4.
Other provisions which purport to remove presidential authority to oversee the activities of the Army Corps of Engineers
Could be inconsistent with the President’s constitutional authority to supervise the unitary executive branch
where they contradict, they will be interpreted as advisory only
3
Departments of Veterans Affairs and Housing and Urban Development, and Independent Agencies Appropriations Act, 2001
37 Weekly Comp. Pres. Doc. 1714 ( H. R. 2620, P. L. 107- 73, November 26, 2001)
5.
Several provisions purport to require congressional approval before executive branch execution of aspects of the bill
Could be inconsistent with INS v. Chadha.
will construe to require notification only
2
Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 2002
37 Weekly Comp. Pres. Doc. 1723 ( H. R. 2330, P. L. 107- 76, November 28, 2001)
6.
A number of provisions purport to restrict executive branch execution of programs that are funded in the bill
Some provisions contradict INS v. Chadha.
2
Page 2
Statute Signed Cite to Signing
Statement
Objection
Number
Provision Objected To Reason for Objection Intended
Response1
Category
of
Objection2
Departments of Commerce, Justice and State, the Judiciary, and Related Agencies Appropriations Act, 2002
37 Weekly Comp. Pres. Doc. 1723 ( H. R. 2500, P. L. 107- 77, November 28, 2001)
7.
Sec. 612 - sets forth certain requirements regarding the organization of the Department of Justice’s efforts to combat terrorism
Violates Presidential authority to direct the actions of the Executive Branch and its employees
15
8.
Sec. 630 – prohibits the use of appropriated funds for cooperation with, or assistance or other support to, the International Criminal Court or its Preparatory Commission
Could be inconsistent with the President’s constitutional authority in the area of foreign affairs, which enable him to take actions to protect U. S. nationals from purported jurisdiction under the treaty
4
9.
Other provisions
Constrain Presidential authority regarding the conduct of diplomacy and authority as Commander- in- Chief
4, 5
Department of Transportation and Related Agencies Appropriations Act, 2002
37 Weekly Comp. Pres. Doc. 1802 ( H. R. 2299, P. L. 107- 87, December 18, 2001)
10.
Several provisions purport to require congressional approval before executive branch execution of aspects of the bill
Will be interpreted to require notification only, or else inconsistent with INS v. Chadha.
2
Page 3
Statute Signed Cite to Signing
Statement
Objection
Number
Provision Objected To Reason for Objection Intended
Response1
Category
of
Objection2
Zimbabwe Democracy and Economic Recovery Act of 2001
37 Weekly Comp. Pres. Doc. 1820 ( S. 494, P. L. 107- 99, December 21, 2001)
11.
Sec. 4( c) – purports to direct the executive branch to oppose and vote against the extension of loans or the cancellation of debt in international finance institutions unless and until the President makes a certification or national interest determination
Burdens the President’s constitutional authority to conduct negotiations and cast votes in international organizations.
subject to exclusive auth. to negotiate or vote in int’l finance institutions
4
National Defense Authorization Act for Fiscal Year 2002
37 Weekly Comp. Pres. Doc. 1834 ( S. 1438, December 28, 2001)
12.
Sec. 1605 – requires State Governors, in certain circumstances, to provide reports to the Secretary of Defense concerning the Secretary’s recommendations on State voting laws.
Need proper regard for the role of States, and their legislatures and Governors, in our federal system.
10
13.
Sec. 525( c) – calls for executive branch officials to submit to the Congress proposals for legislation.
Might violate the President’s constitutional authority to supervise the unitary executive branch and to recommend to the Congress such measures as he judges necessary and expedient.
1, 3
14.
Sec. 546 – calls for executive branch officials to submit to the Congress proposals for legislation.
"
1, 3
15.
Sec. 705 – calls for executive branch officials to submit to the Congress proposals for legislation.
"
1, 3
16.
Sec. 3152 – calls for executive branch officials to submit to the Congress proposals for legislation.
"
1, 3
Page 4
Statute Signed Cite to Signing
Statement
Objection
Number
Provision Objected To Reason for Objection Intended
Response1
Category
of
Objection2
17.
Sec. 1404 – vests in the Secretary of Defense authority to appoint a chief operating officer for the Armed Forces Retirement Home, but purports to limit the qualifications of the pool of persons he may select
Could be inconsistent with the requirements of the Appointments Clause
shall read as having no legal force.
6
Intelligence Authorization Act for Fiscal Year 2002
37 Weekly Comp. Pres. Doc. 1834 ( H. R. 2883, December 28, 2001)
18.
Sec. 305 – amends section 502 of the National Security Act of 1947. Purports to require that reports submitted to the congressional intelligence committees on intelligence activities always be in written form.
Violates the President’s constitutional authority to withhold information the disclosure of which could impair foreign relations, the national security, the deliberative processes of the Executive, or the performance of the Executive’s constitutional duties.
7
Departments of Labor, Health and Human Services, and Education, and Related Agencies Appropriations Act, 2002
38 Weekly Comp. Pres. Doc. 50 ( H. R. 3061, P. L. 107- 116, January 10, 2002)
19.
Sec. 207 – purports to make certain transfers between appropriations for the Dept. of Health and Human Services subject to approval by the congressional appropriations committees
Violates INS v. Chadha; Congress cannot make transfers of appropriations subject to the approval of committees of the Congress.
shall read as having no legal force
2
Page 5
Statute Signed Cite to Signing
Statement
Objection
Number
Provision Objected To Reason for Objection Intended
Response1
Category
of
Objection2
20.
Sec. 217 – says that an acting director of the NIH may serve until a new Director is confirmed by the Senate
Could be inconsistent with the Appointments Clause of the Constitution
6
21.
Sec. 622 – amends the Multifamily Assisted Housing Reform and Affordability Act of 1997 regarding appointment of a Director
Could be inconsistent with the Appointments Clause of the Constitution
6
22.
Other provisions purport to make funding available for particular projects in specified amounts
Does not satisfy the constitutional requirements of bicameral approval and presentment to the President
to reflect the comity btw. the exec. and legis. branches.
2
Foreign Operations, Export Financing, and Related Programs Appropriations Act, 2002
38 Weekly Comp. Pres. Doc. 49 ( H. R. 2506, P. L. 107- 115, January 10, 2002)
23.
Sec. 514 – purports to direct or burden the conduct of negotiations by the executive branch with foreign governments, international organizations or other entities abroad
Interferes with the President’s constitutional authority to conduct the Nation’s foreign affairs
4
24.
Sec. 560 – purports to direct or burden the conduct of negotiations by the executive branch with foreign governments, international organizations or other entities abroad
4
Page 6
Statute Signed Cite to Signing
Statement
Objection
Number
Provision Objected To Reason for Objection Intended
Response1
Category
of
Objection2
25.
Sec. 567( b) – purports to direct or burden the conduct of negotiations by the executive branch with foreign governments, international organizations or other entities abroad
will construe as advisory only
4
26.
Sec. 581( a) – purports to direct or burden the conduct of negotiations by the executive branch with foreign governments, international organizations or other entities abroad
4
27.
Sec. 573 – calls for the Dept. of State to provide briefings to congressional committees on discussions between the executive branch and a particular government abroad on any potential purchase of defense articles or defense services by that government
Interferes with the constitutional powers of the President to supervise the executive branch and to conduct the Nation's foreign affairs, including the authority to determine what information about international negotiations may, in the public interest, be made available to the Congress and when such disclosure should occur.
4
Page 7
Statute Signed Cite to Signing
Statement
Objection
Number
Provision Objected To Reason for Objection Intended
Response1
Category
of
Objection2
28.
Sec. 577 – requires that the President direct executive agencies possessing information relevant to specified deaths abroad to declassify and release that information.
Could interfere with Presidential constitutional and statutory responsibilities to protect various kinds of sensitive information
7
Department of Defense and Emergency Supplemental Appropriations for Recovery from and Response to Terrorist Attacks on the United States, 2002
38 Weekly Comp. Pres. Doc. 46 ( H. R. 3338, P. L. 107- 117, January 10, 2002)
29.
Sec. 8007 – prohibits use of funds to initiate a special access program until 30 calendar days of congressional session have elapsed after the executive branch has notified the congressional defense committees of initiation of the program
Interferes with the President’s constitutional authority to classify and control information access to information bearing on national security.
if possible
7
Page 8
Statute Signed Cite to Signing
Statement
Objection
Number
Provision Objected To Reason for Objection Intended
Response1
Category
of
Objection2
30.
Sec. 8072 – provides that no funds available to the Department of Defense for fiscal year 2002 may be used to transfer defense articles or services, other than intelligence services, to another nation or international organization for international peacekeeping, peace enforcement, or humanitarian assistance operations until 15 days after the President notifies 6 committees of Congress of the planned transfer.
Could be inconsistent with the President’s duty as Commander in Chief of the Armed Forces
5
31.
Sec. 8098 – purports to limit the number of Dept. of Defense military and civilian personnel assigned to legislative affairs, and to mandate the percentage distribution of such personnel among various offices of the Dept.
Could be inconsistent with the President's constitutional authority to supervise the executive branch and as Commander in Chief of the Armed Forces.
but cannot restrict the auth. of the Pres. To control the activities of members of the armed forces
5, 15
32.
Sec. 8173 – prohibits the use of appropriated funds for assistance or other support to the International Criminal Court
Could be inconsistent with the President’s constitutional authority in the area of foreign affairs, which enables him to take actions to protect U. S. nationals from the purported jurisdiction of the treaty
4
Page 9
Statute Signed Cite to Signing
Statement
Objection
Number
Provision Objected To Reason for Objection Intended
Response1
Category
of
Objection2
33.
Sec. 911 – Division B – provide for assistance by executive departments and agencies to the U. S. Capitol police in performance of its duties
Could violate separation of powers of the executive and legislative branches
Atty. Gen. shall serve as the point of contact
11
34.
Sec. 912 – Division B – provide for assistance by executive departments and agencies to the U. S. Capitol police in performance of its duties
Could violate separation of powers of the executive and legislative branches
Atty. Gen. shall serve as the point of contact
11
Bipartisan Campaign Reform Act of 2002
38 Weekly Comp. Pres. Doc. 517 ( H. R. 2356, P. L. 107- 155, March 27, 2002)
35.
Prevents all individuals, not just unions and corporations, from making donations to political parties in connection with Federal elections
Restricts individual freedom to participate in elections, leading to First Amendment issues
expects courts will solve appropriately
12
36.
Bans issue advertising
Restrains the speech of a variety of groups on issues of public import in the months closest to an election
expects courts will solve appropriately
12
Farm Security and Rural Investment Act of 2002
38 Weekly Comp. Pres. Doc. 810 ( H. R. 2646, P. L. 107- 171, May 13, 2002)
37.
Sec. 4404 – prescribes method of appointment of the board of trustees of the fellowship program
Inconsistent with the Appointments Clause of the Constitution
will work to cure defect before appointment
6
38.
Sec. 6027 – establishes and continues multi- member regional authorities to implement development programs
Might violate the Appointments Clause, since the members are probably not appointed in accordance with the Clause
will work to cure defect before appointment
6
Page 10
Statute Signed Cite to Signing
Statement
Objection
Number
Provision Objected To Reason for Objection Intended
Response1
Category
of
Objection2
39.
Sec. 6028 – establishes and continues multi- member regional authorities to implement development programs
"
6
Enhanced Border Security and Visa Entry Reform Act of 2002
38 Weekly Comp. Pres. Doc. 822 ( H. R. 2535, P. L. 107- 173, May 14, 2002)
40.
Sec. 2( 6) – purports to require the President to act through a specified assistant or in coordination or consultation with specified officers
The President’s constitutional authority to supervise the unitary executive branch cannot be made subject to requirements to exercise this authority through or in coordination with other officers
shall treat the requirements as precatory
3
41.
Sec. 201( c) ( 2) – purports to require the President to act through a specified assistant or in coordination or consultation with specified officers
3
42.
Sec. 202( a)( 3) – purports to require the President to act through a specified assistant or in coordination or consultation with specified officers
3
43.
Sec. 203 – requires the President to appoint 8/ 9 of the members of the Commission or Interoperable Data Sharing from a list of nominees provided by the congressional leadership acting jointly
Might violate the Appointments Clause
will construe the Commission’s function as advisory only
6
Page 11
Statute Signed Cite to Signing
Statement
Objection
Number
Provision Objected To Reason for Objection Intended
Response1
Category
of
Objection2
44.
Sec. 404( a) – relates to a U. S.- Canadian joint border inspections operations under an international agreement
Might violate the President’s constitutional authority to conduct the foreign affairs of the Nation and to supervise the unitary executive branch
3, 4
Export- Import Bank Reauthori- zation Act of 2002
38 Weekly Comp. Pres. Doc. 1014 ( S. 1372, P. L. 107- 189, June 14, 2002)
45.
Sec. 7( b) – relates to outreach to certain small businesses
Could be inconsistent with the requirements of equal protection under the Due Process Clause of the 5th Amendment
9
46.
Sec. 10( a) – purports to require the Secretary of the Treasury to negotiate with foreign countries and international organizations and to submit a report of the content of such negotiations
Interferes with the President’s constitutional authority to conduct the Nation’s foreign affairs, supervise the unitary executive branch, and withhold information the disclosure of which could impair foreign relations, the national security, the deliberative processes of the executive, or the performance of the executive’s constitutional duties.
construe as precatory, not mandatory
3, 4, 7
Page 12
Statute Signed Cite to Signing
Statement
Objection
Number
Provision Objected To Reason for Objection Intended
Response1
Category
of
Objection2
47.
Sec. 10( b)( 2) – purports to require the Secretary of the Treasury to negotiate with foreign countries and international organizations and to submit a report of the content of such negotiations
Interferes with the President’s constitutional authority to conduct the Nation’s foreign affairs, supervise the unitary executive branch, and withhold information the disclosure of which could impair foreign relations, the national security, the deliberative processes of the executive, or the performance of the executive’s constitutional duties.
construe as precatory, not mandatory
3, 4, 7
Small Business Paperwork Relief Act of 2002
38 Weekly Comp. Pres. Doc. 1112 ( H. R. 327, P. L. 107- 198, June 28, 2002)
48.
Sec. 3 – creates a new section 3520 in title 44 of the United States Code which purports to require task force publication of differences in views among executive officers and transmittal of recommendations to congressional committees
Could interfere with the President’s constitutional authority to supervise the unitary executive branch, to protect the confidentiality of executive deliberations, and to recommend to the consideration of the Congress such measures as he shall judge necessary and expedient.
1, 3
Legislation on the Codification of Public Buildings, Property, and Works
38 Weekly Comp. Pres. Doc. 1427 ( H. R. 2068, P. L. 107- 217, August 21, 2002)
49.
Sec. 312( b)( 2) – concerns cert in transfers of funds for equipment purchases, states that the executive branch may take action only after receiving the approval of certain committees of Congress.
Infringes on the constitutional requirement of bicameralism and presentment and could contravene INS v. Chadha.
2
Page 13
Statute Signed Cite to Signing
Statement
Objection
Number
Provision Objected To Reason for Objection Intended
Response1
Category
of
Objection2
50.
Sec. 3305( a)( 3) – concerns the use of land as a site for public building, states that the executive branch may take action only after receiving the approval of certain committees of Congress.
Infringes on the constitutional requirement of bicameralism and presentment and could contravene INS v. Chadha.
construe as advisory, not mandatory
2
John F. Kennedy Center Plaza Authorization Act of 2002
38 Weekly Comp. Pres. Doc. 1576 ( H. R. 5012, P. L. 107- 224, September 18, 2002)
51.
Sec. 12( b)( 5) – purports to make the Secretary of Transportation’s entry into contracts subject to the approval of the Board ( which includes members of Congress)
Board members’ exercise of such power violates separation of powers
11
Foreign Relations Authorization Act, Fiscal Year 2003
38 Weekly Comp. Pres. Doc. 1658 ( H. R. 1646, P. L. 107- 228, September 30, 2002)
52.
Sec. 408 – purports to direct or burden the conduct of negotiations by the executive branch with foreign governments, international organizations or other entities abroad or which purport to direct executive branch officials to use the U. S. voice and vote in international organizations to achieve specified foreign policy objectives
Interfere with the President’s constitutional authorities to conduct the Nation’s foreign affairs, participate in international negotiations, and supervise the unitary executive branch
3, 4
Page 14
Statute Signed Cite to Signing
Statement
Objection
Number
Provision Objected To Reason for Objection Intended
Response1
Category
of
Objection2
53.
Sec. 616 – purports to direct or burden the conduct of negotiations by the executive branch with foreign governments, international organizations or other entities abroad or which purport to direct executive branch officials to use the U. S. voice and vote in international organizations to achieve specified foreign policy objectives
3, 4
54.
Sec. 621 – purports to direct or burden the conduct of negotiations by the executive branch with foreign governments, international organizations or other entities abroad or which purport to direct executive branch officials to use the U. S. voice and vote in international organizations to achieve specified foreign policy objectives
3, 4
Page 15
Statute Signed Cite to Signing
Statement
Objection
Number
Provision Objected To Reason for Objection Intended
Response1
Category
of
Objection2
55.
Sec. 633 – purports to direct or burden the conduct of negotiations by the executive branch with foreign governments, international organizations or other entities abroad or which purport to direct executive branch officials to use the U. S. voice and vote in international organizations to achieve specified foreign policy objectives
3, 4
56.
Sec. 1343( b) – purports to direct or burden the conduct of negotiations by the executive branch with foreign governments, international organizations or other entities abroad or which purport to direct executive branch officials to use the U. S. voice and vote in international organizations to achieve specified foreign policy objectives
3, 4
Page 16
Statute Signed Cite to Signing
Statement
Objection
Number
Provision Objected To Reason for Objection Intended
Response1
Category
of
Objection2
57.
Sec. 204 – mandates submission of information to the Congress or the public
Could interfere with the President’s constitutional authority to withhold information the disclosure of which could impair the foreign relations, the national security, the deliberative processes of the Executive, or the performance of the Executive's constitutional duties
7
58.
Sec. 215 – mandates submission of information to the Congress or the public
7
59.
Sec. 603 – mandates submission of information to the Congress or the public
7
60.
Sec. 613( b) – mandates submission of information to the Congress or the public
7
61.
Sec. 615 – mandate submission of information to the Congress or the public
7
62.
Sec. 1602 – mandates submission of information to the Congress or the public
7
Page 17
Statute Signed Cite to Signing
Statement
Objection
Number
Provision Objected To Reason for Objection Intended
Response1
Category
of
Objection2
63.
Sec. 650 – calls for executive branch officials to submit to the Congress recommendations for legislation
Could interfere with the President’s constitutional authority to supervise the unitary executive branch and to recommend to the Congress the such measures as he judges necessary and expedient
1, 3
64.
Sec. 1205( d)( 5) – calls for executive branch officials to submit to the Congress recommendations for legislation
1, 3
65.
Sec. 1501( 7) – calls for executive branch officials to submit to the Congress recommendations for legislation
1, 3
Page 18
Statute Signed Cite to Signing
Statement
Objection
Number
Provision Objected To Reason for Objection Intended
Response1
Category
of
Objection2
66.
Sec. 214 – sets out U. S. policy with respect to Jerusalem as the capital of Israel
- Interferes with the President’s constitutional authority to conduct the Nation’s foreign affairs and to supervise the unitary executive branch.
- If construed as mandatory, it would interfere with the President’s constitutional authority to formulate the position of the United States, speak for the Nation in international affairs, and determine the terms on which recognition is given to foreign states.
Sec. of State may provide such direction as needed.
3, 4
67.
Sec. 325 ( governs use of funds for minority recruitment, 687 ( governs reports on participation by small businesses in procurement contracts by USAID)
Could violate equal protection requirements of the Due Process Clause of the Fifth Amendment
9
Page 19
Statute Signed Cite to Signing
Statement
Objection
Number
Provision Objected To Reason for Objection Intended
Response1
Category
of
Objection2
68.
Sec. 505 – excludes U. S. Government employees abroad assigned to duty as correspondents for the Voice of America from the statutory responsibilities of the Secretary of State for security of certain U. S. Government personnel abroad and of chiefs of U. S. missions for direction of such personnel
Could interfere with the constitutional authority of the President to conduct the Nation's foreign affairs and to supervise the unitary executive branch
Sec. of State may provide such direction as needed
3, 4
69.
Sec. 604 – purports to require the imposition of certain sanctions on the PLO or Palestinian Authority based on the determinations that the President makes or fails to make in the report provided for in sec. 603
Some of these sanctions bear on the President’s power with respect to the timing and nature of diplomatic communications.
4
70.
Sec. 645 – purports to require the President to implement a law through a particular subordinate officer in the Department of Commerce
Could be inconsistent with the President’s authority to supervise the unitary executive branch
3
71.
Sec. 686 – makes 7 additional plaintiffs with judgments against Iran eligible for payments under the Victims of Trafficking and Violence Protection Act of 2000
Drawing upon blocked assets to fund victims may not preserve the prerogative of the President in the area of foreign affairs.
4
Page 20
Statute Signed Cite to Signing
Statement
Objection
Number
Provision Objected To Reason for Objection Intended
Response1
Category
of
Objection2
72.
Sec. 1206 – could be misconstrued to imply a change in the" one China" policy of the United States
Interferes with the President’s constitutional authority to conduct the Nation’s foreign affairs.
but does not imply a change in policy
4
73.
Sec. 1406 – requires that actions to remove items from the munitions list be subject to reprogramming notifications to committees of Congress, but does not subject such actions to any committee approval requirements
Impermissible under the constitutional separation of powers
11
Continuing Resolution for Fiscal Year 2003 ( providing appropriations)
38 Weekly Comp. Pres. Doc. 1660 ( H. J. Res. 111, P. L. 107- 229, September 30, 2002)
74.
Sec. 117 – purports to prohibit all executive branch agencies from spending any funds made available under the continuing resolution in violation of 44 U. S. C. 501
Violates principles of separation of powers
shall treat as not binding
11
Sudan Peace Act
38 Weekly Comp. Pres. Doc. 1819 ( H. R. 5531, P. L. 107- 245, October 21, 2002)
75.
Sec. 6( b) – purports to direct or burden the conduct of negotiations by the executive branch with foreign governments
Could interfere with the President’s exercise of his constitutional authorities to conduct the Nation’s foreign affairs, participate in international negotiations, and supervise the unitary executive branch
construe as advisory, not mandatory
3, 4
Page 21
Statute Signed Cite to Signing
Statement
Objection
Number
Provision Objected To Reason for Objection Intended
Response1
Category
of
Objection2
76.
Several provisions - purport to require executive branch reports to congressional committees concerning the contents of U. S. diplomatic advocacy, plans for U. S. diplomatic activities to achieve particular foreign policy objectives, and information on particular activities abroad
Could be inconsistent with the President's constitutional authority to withhold information, the disclosure of which could impair the foreign relations, the national security, the deliberative processes of the Executive, or the performance of the Executive's constitutional duties.
4
77.
Provision defines a particular entity as the" Government of Sudan" for purposes of implementing the act
Could infringe upon the President’s authority to recognize foreign states and to determine what constitutes the governments of such foreign states.
4
Military Construction Appropriation Act, 2003
38 Weekly Comp. Pres. Doc. 1836 ( H. R. 5011, P. L. 107- 249, October 23, 2002)
78.
Sec. 107 – provides for notice to the Congress of relocation of activities between military installations, initiation of a new installation abroad, or U. S. military exercises involving $ 100,000 in construction costs
Could violate the President’s constitutional authority to classify and control access to information bearing on national security
for the most part
7
Page 22
Statute Signed Cite to Signing
Statement
Objection
Number
Provision Objected To Reason for Objection Intended
Response1
Category
of
Objection2
79.
Sec. 110 – provides for notice to the Congress of relocation of activities between military installations, initiation of a new installation abroad, or U. S. military exercises involving $ 100,000 in construction costs
7
80.
Sec. 113 – provides for notice to the Congress of relocation of activities between military installations, initiation of a new installation abroad, or U. S. military exercises involving $ 100,000 in construction costs
7
81.
Sec. 119 – provides for the Secretary of Defense to submit a report to Congress with details of proposed actions to encourage certain cooperating nations to assume a greater share of the common defense burden
Could violate the President's constitutional authority to withhold information, the disclosure of which could impair foreign relations, the national security, the deliberative processes of the Executive, or the performance of the Executive's constitutional duties
7
Page 23
Statute Signed Cite to Signing
Statement
Objection
Number
Provision Objected To Reason for Objection Intended
Response1
Category
of
Objection2
Department of Defense Appropriations Act, 2003
38 Weekly Comp. Pres. Doc. 1834 ( H. R. 5010, P. L. 107- 248, October 23, 2002)
82.
Sec. 8007 – prohibits the use of funds to initiate a special access program or to initiate a new start program, unless the congressional defense committees receive advance notice
Could violate the President’s constitutional authority to classify and control access to information bearing on national security
7
83.
Sec. 8111 – prohibits the use of funds to initiate a special access program or to initiate a new start program, unless the congressional defense committees receive advance notice
7
84.
Sec. 8066 – provides that no funds available to the Department of Defense for FY2003 may be used to transfer defense articles or services, other than intelligence services, to another nation or international organization until 15 days after the executive branch notifies 6 committees of Congress of the planned transfer
Protection of the U. S. Armed Forces may require action of a kind covered by 8066 sooner than 15 days after notification
5
Page 24
Statute Signed Cite to Signing
Statement
Objection
Number
Provision Objected To Reason for Objection Intended
Response1
Category
of
Objection2
85.
Sec. 8121 – purports to specify the content of future Department of Defense budgetary and programming plans
Could be inconsistent with the President's constitutional authority to require the opinions of the heads of departments and to recommend for congressional consideration such measures as the President shall judge necessary and expedient.
1, 14
86.
Sec. 8094 – provides that, in implementing a health care interagency partnership, native Hawaiians shall have the status of Native Americans who are eligible for healthcare provided by the Indian Health Service
Could be inconsistent with the requirement to afford equal protection of the laws under the Due Process Clause of the Fifth Amendment
9
87.
Sec. 8116 – makes certain appropriated funds available for transportation, food, lodging, supplies, fees and training materials for members of the Armed Forces and their immediate families while participating in chaplain- led programs
Could violate the fundamental constitutional right of free exercise of religion, subject to the constitutional limitation on establishment of religion and any other applicable law
12
Page 25
Statute Signed Cite to Signing
Statement
Objection
Number
Provision Objected To Reason for Objection Intended
Response1
Category
of
Objection2
Russian Democracy Act of 2002
38 Weekly Comp. Pres. Doc. 1839 ( H. R. 2121, P. L. 107- 246, October 23, 2002)
88.
Sec. 3( b) – purports to establish U. S. policy toward Russia
Could violate the presidential authority to conduct the Nation’s foreign affairs
construe as advisory, not mandatory
4
Medical Device User Fee and Modernization Act of 2002
38 Weekly Comp. Pres. Doc. 1874 ( H. R. 5651, P. L. 107- 250, October 26, 2002)
89.
Sec. 201( a) – enacts 704( g)( 10) of the Food Drug and Cosmetic Act, which purports to make the operation of the" accredited persons" inspection provisions for medical device establishments dependent upon certain determinations by the Comptroller General
May not be in accordance with the principles set out in Bowsher v. Synar
20
90.
Several provisions – require executive branch officials to submit recommendations to the Congress
Could violate the President’s constitutional authority to submit for the consideration of Congress such measures as he judges necessary and expedient
1
Help America Vote Act of 2002
38 Weekly Comp. Pres. Doc. 1888 ( H. R. 3295, P. L. 107- 252, October 29, 2002)
91.
Sec. 203( a)( 2) – mandates that members of the congressional leadership submit to the President recommendations of persons to be appointed to the Election Assistance Commission
Could impose impermissible constraints on presidential power under the Appointments Clause
6
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Objection2
92.
Sec. 203( a)( 4) – purports to require the President to make appointments to the Congress no later than 120 days after enactment of the new law
The deadline unduly circumscribes the presidential appointment power
6
93.
Sec. 902( c) – would authorize the Comptroller General ( an officer of the legislative branch) to make determinations that would impose binding payment obligations upon entities outside that branch
Violates the constitutional principle of separation of powers because it attempts to vest executive functions in a member of the legislative branch
20
94.
Sec. 101 – concerns the provision of voting assistance
Could violate equal protection requirements of the Due Process Clause of the Fifth Amendment
9
Niagara Falls National Heritage Area Study Act
38 Weekly Comp. Pres. Doc. 1892 ( S. 1227, P. L. 107- 256, October 30, 2002)
95.
Sec. 3( d) – purports to require the Secretary of the Interior to submit to the Congress recommendations related to legislation
Could be inconsistent with the President’s constitutional authority to submit for consideration to the Congress legislative proposals as he judges are necessary and expedient
1
Page 27
Statute Signed Cite to Signing
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Objection
Number
Provision Objected To Reason for Objection Intended
Response1
Category
of
Objection2
21st Century Department of Justice Appropriations Authorization Act
38 Weekly Comp. Pres. Doc. 1971 ( H. R. 2215, P. L. 107- 271, November 2, 2002)
96.
Sec. 202 – adds a new section to 28 U. S. C. 530D that purports to impose on the executive branch obligations for reporting to Congress activities of the DOJ involving challenges to or nonenforcement of law that conflicts with the Constitution
Could be inconsistent with the President’s authority to supervise the unitary executive branch and to withhold information, the disclosure of which could impair foreign relations, the national security, the deliberative processes of the Executive, or the performance of the Executive's constitutional duties
3, 7
97.
Sec. 202( a) – requires that the President report to Congress the issuance of any unclassified executive order that establishes or implements a policy of intra- circuit non- acquiescence or of refraining from enforcing, applying, or administering a Federal statute, rule, regulation, program, or policy on the ground that it is unconstitutional
Could be inconsistent with the President’s authority to supervise the unitary executive branch and to withhold information, the disclosure of which could impair foreign relations, the national security, the deliberative processes of the Executive, or the performance of the Executive’s constitutional duties
3, 7
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Objection2
98.
Sec. 205( b) – amends 18 U. S. C. 1913, relating to use of federal appropriated funds for certain advocacy activities
Could be inconsistent with the President's constitutional authority to conduct the Nation's foreign affairs, to supervise the unitary executive branch, and to recommend to the consideration of the Congress such measures as the President shall judge necessary and expedient.
1, 3, 4
99.
Sec. 207( d) – purports to require executive branch officials to submit to Congress plans for internal executive branch activities or recommendations relating to legislation
Could be inconsistent with the President’s constitutional authority to conduct the Nation’s foreign affairs, to supervise the unitary executive branch, and to recommend to the consideration of the Congress such measures as the President shall judge necessary and expedient.
1, 3, 4
100.
Sec. 309 – purports to require executive branch officials to submit to Congress plans for internal executive branch activities or recommendations relating to legislation
1, 3, 4
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Objection2
101.
Sec. 11025( a) – purports to require executive branch officials to submit to Congress plans for internal executive branch activities or recommendations relating to legislation
1, 3, 4
Sec. 402 – adds sections to the Omnibus Crime Control and Safe Streets Act of 1968 granting" final authority" to a subordinate of the Atty. General over certain grants and agreements, and allowing the Atty. General to act on behalf of the President to give the subordinate a role representing the U. S. at United Nations and other international for a
Could be inconsistent with the President's constitutional authorities to supervise the unitary executive branch and to conduct the Nation's foreign affairs
3, 4
102.
Sec. 2301( c) – requires the Atty. General to devise a plan to implement recommendations of the GAO to accomplish goals specified in the statute
Could be inconsistent with the principles of INS v. Chadha
2
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Objection2
103.
Sec. 2303( b) – purports to give the Comptroller General ( a legislative agent) a right of access to all relevant documents and information that he deems necessary in conducting a study required by the Act
Could be inconsistent with the constitutional authorities of the President to supervise the unitary executive branch and to withhold information the disclosure of which could impair foreign relations, the national security, the deliberative processes of the Executive, or the performance of the Executive’s constitutional duties
3, 7
104.
Sec. 2504 – purports to require the Atty. General to conduct a prosecutor exchange program with a foreign country
Could be inconsistent with the President's constitutional authorities to conduct the Nation's foreign affairs, participate in international negotiations, and supervise the unitary executive branch.
3, 4
105.
Sec. 11015 – purports to give U. S. attorneys in certain circumstances exclusive authority to select an annuity broker for structured settlement purposes
Could be inconsistent with the President's constitutional authority to supervise the unitary executive branch.
3
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Objection2
106.
Sec. 11026( c) – purports to require all Federal law enforcement agencies to comply with requests from the GAO for certain information in the course of preparation of a report on crime statistics
Could be inconsistent with the constitutional authorities of the President to supervise the unitary executive branch and to withhold information the disclosure of which could impair foreign relations, the national security, the deliberative processes of the Executive, or the performance of the Executive's constitutional duties.
3, 7
Legislation to Provide for Improvement of Federal Education Research, Statistics, Evaluation, Information, and Dissemination and for Other Purposes
38 Weekly Comp. Pres. Doc. 1995 ( H. R. 3801, P. L. 107- 279, November 7, 2002)
107.
Sec. 115 – relates to proposed priorities for the Institute
Could be inconsistent with the President's constitutional authority to supervise the unitary executive branch
3
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Provision Objected To Reason for Objection Intended
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Objection2
108.
Sec. 116( c)( 2) – purports to require that the President solicit advice regarding individuals to serve on the Board
Could be inconsistent with the President's constitutional authority to supervise the unitary executive branch, and to select individuals for nomination
3
109.
Sec. 116( f) – purports to require that the Board submit to the Director, Secretary, and appropriate congressional committees a report regarding recommendations
Could be inconsistent with the President’s constitutional authority to supervise the unitary executive branch
Could be inconsistent with the Recommendations Clause of the Constitution to submit for consideration of Congress such measures as he judges necessary and expedient
1, 3
110.
Sec. 117( d) – makes Commissioners’ duties subject to the approval of the Director
Could be inconsistent with the President's constitutional authority to supervise the unitary executive branch
3
111.
Sec. 119 – purports to require a biennial report from the Director
Could be inconsistent with the President's constitutional authority to supervise the unitary executive branch
3
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Objection2
112.
Sec. 156( b) – regards the furnishing or compilation of surveys
Could be inconsistent with the President's constitutional authority to supervise the unitary executive branch
May be inconsistent with INS v. Chadha, which does not permit Congress by law to authorize a congressional committee to direct an executive branch entity to create a compilation or survey
2, 3
113.
Sec. 186( a) – states that the Director may prepare or publish information or reports without the approval of the Secretary or any other office of the Department.
Could be inconsistent with the President’s constitutional authority to supervise the unitary executive branch
subject to the supervision and direction of the Sec. of Education
3
114.
Sec. 111( b)( 2)( B), – requires taking account of race, culture, gender, region, socioeconomics, ideology, secularity and partisan politics
Could be inconsistent with First Amendment freedoms and requirements of equal protection and due process under the Due Process Clause of the Fifth Amendment
9, 12
115.
Sec. 114( f)( 7) – require taking account of race, culture, gender, region, socioeconomics, ideology, secularity and partisan politics
9, 12
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Objection2
116.
Sec. 114( f)( 8) require taking account of race, culture, gender, region, socioeconomics, ideology, secularity and partisan politics
9, 12
117.
Sec. 115( a)( 1) – require taking account of race, culture, gender, region, socioeconomics, ideology, secularity and partisan politics
9, 12
118.
Sec. 116( b)( 8) – require taking account of race, culture, gender, region, socioeconomics, ideology, secularity and partisan politics
9, 12
119.
Sec. 116( b)( 10) – require taking account of race, culture, gender, region, socioeconomics, ideology, secularity and partisan politics
9, 12
120.
Sec. 133( c)( 7) – require taking account of race, culture, gender, region, socioeconomics, ideology, secularity and partisan politics
9, 12
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Objection2
121.
Sec. 151( b)( 3) – require taking account of race, culture, gender, region, socioeconomics, ideology, secularity and partisan politics
9, 12
122.
Sec. 174 – regards regional educational laboratories for research, development, dissemination, and technical assistance
Could be inconsistent with Printz v. United States, principles governing Federal- State relations
Imposes a duty on States and officials only when the duties are a condition of a federal grant or contract accepted by or under the authority of a state
10
123.
Sec. 102 – purports to require an executive branch official to submit recommendations to Congress
Could be inconsistent with the President’s constitutional authority to supervise the unitary executive branch
Could impinge on his authority to submit only the recs. that he judges necessary and expedient
1, 3
Page 36
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Objection2
124.
Sec. 103( b) – purports to require an executive branch official to submit recommendations to Congress
1, 3
125.
Sec. 110( c)( 4) – purports to require an executive branch official to submit recommendations to Congress
1, 3
126.
Sec. 112( 4) – purports to require an executive branch official to submit recommendations to Congress
1, 3
127.
Sec. 214( a)( 1)( D)( ii) – provides that voluntarily shared critical infrastructure information shall not be used or disclosed by any Federal employee without the written consent of the person or entity submitting the information, except when disclosure would be to Congress or the Comptroller General
Could be inconsistent with the constitutional authorities of the President to supervise the unitary executive branch and to withhold information the disclosure of which could impair foreign relations, the national security, the deliberative processes of the Executive, or the performance of the Executive’s constitutional duties
not construed as affirmative requirement to share with Congress or Comptroller General
3, 7
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Objection2
128.
Sec. 231 – establishes an" Office of Science and Technology" within the National Institute of Justice, under the authority of the Assistant Atty. General for the Office of Justice Programs; 231( b) – headed by a Director appointed based on approval by the Office of Personnel Management
Could be inconsistent with the Appointments Clause
Atty. General to appoint the Director
6
129.
Sec. 232( e) – provides that the Director of the Office of Science and Technology shall have sole authority over decisions relating to publications issued by the Office
Could be inconsistent with the constitutional authorities of the President to supervise the unitary executive branch
3
130.
Sec. 306( a) – provides that research conducted by the Department shall be unclassified " to the greatest extent practicable"
Could be inconsistent with the President's constitutional and statutory authorities to control access to and protect classified information, intelligence sources and methods, sensitive law enforcement information, and information the disclosure of which could otherwise harm the foreign relations or national security of the United States.
7
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Provision Objected To Reason for Objection Intended
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Objection2
131.
Sec. 425 – adds 49 U. S. C. 44901( d)( 3), which requires the submission of classified reports concerning the screening of checked baggage for explosives in the aviation system to certain committees of Congress
Could be inconsistent with the President's constitutional and statutory authorities to control access to and protect classified information, intelligence sources and methods, sensitive law enforcement information, and information the disclosure of which could otherwise harm the foreign relations or national security of the United States.
7
132.
Sec. 311( h) – provides for the preparation and transmittal to Congress of reports prepared by the Homeland Security Science and Technology Advisory Committee
Could be inconsistent with the constitutional authorities of the President to supervise the unitary executive branch and to recommend for the consideration of the Congress such measures as the President judges necessary and expedient.
7
133.
Sec. 414 – purports to require the submission of budget requests for the new Department to the Congress and to require such requests to be in a particular form
Could be inconsistent with the constitutional authority of the President to recommend for the consideration of the Congress such measures as the President judges necessary and expedient.
1
Page 39
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Objection
Number
Provision Objected To Reason for Objection Intended
Response1
Category
of
Objection2
134.
Sec. 476 – purports to require the submission of budget requests for the new Department to the Congress and to require such requests to be in a particular form
1
135.
Sec. 873( c) – purports to require the submission of budget requests for the new Department to the Congress and to require such requests to be in a particular form
1
136.
Sec. 452( c) – prohibits various officers of the Department or the Office of Management and Budget from reviewing reports and other material prepared by the Citizenship and Immigration Services Ombudsman
Could be inconsistent with the President's constitutional authority to supervise the unitary executive branch.
3
137.
Sec. 473( f) – purports to require the Secretary of Homeland Security or the Atty. General to comply with requests from GAO for certain information in the course of preparing reports relating to disciplinary action
Could be inconsistent with the constitutional authorities of the President to supervise the unitary executive branch and to withhold information the disclosure of which could impair foreign relations, the national security, the deliberative processes of the Executive, or the performance of the Executive’s constitutional duties.
3, 7
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Objection2
138.
Sec. 428( e)( 7)( B) – purports to require executive branch officials to submit to Congress plans for internal executive branch activities for recommendations relating to legislation
1, 3
139.
Sec. 460 – purports to require executive branch officials to submit to Congress plans for internal executive branch activities for recommendations relating to legislation
1, 3
140.
Sec. 477( c)( 2)( F) – purports to require executive branch officials to submit to Congress plans for internal executive branch activities for recommendations relating to legislation
1, 3
141.
Sec. 882( c)( 3) – purport to require executive branch officials to submit to Congress plans for internal executive branch activities for recommendations relating to legislation
1, 3
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Objection2
142.
Sec. 893( a) – purports to require executive branch officials to submit to Congress plans for internal executive branch activities for recommendations relating to legislation
1, 3
143.
Sec. 1313( a)( 2) – provides authority to the Administrative Office of the U. S. Courts to establish a program for providing voluntary separation incentive payments to individuals serving in the judicial branch
Need appropriate respect for principles of judicial independence
construed as excluding members serving in the Federal judiciary
18
144.
Sec. 1331 – adds a section to 5 U. S. C., which requires that, in exercising authority to assign and fund academic degree training for certain Federal employees, and agency take into consideration the need to maintain a balance in gender, race, ethnicity, and disability status
Could be inconsistent with the Equal Protection component of the Due Process Clause of the Fifth Amendment
9
Intelligence Authorization Act for the Fiscal Year 2003
38 Weekly Comp. Pres. Doc. 2102 ( H. R. 4628, P. L. 107- 306, November 27, 2002)
145.
Sec. 325 ( enacting 8H( g)( 1)( A) of the Inspector General Act of 1978) – relate to submissions of recommendations to Congress
Could be inconsistent with the President’s constitutional authority to supervise the unitary executive branch
3
Page 42
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Objection
Number
Provision Objected To Reason for Objection Intended
Response1
Category
of
Objection2
146.
Sec. 334 ( enacting 8H( g)( 1)( A) of the Inspector General Act of 1978) – relate to submissions of recommendations to Congress
3
147.
Sec. 826 ( enacting 8H( g)( 1)( A) of the Inspector General Act of 1978) – relate to submissions of recommendations to Congress
3
148.
Sec. 825 ( enacting 8H( g)( 1)( A) of the Inspector General Act of 1978) – relate to submissions of recommendations to Congress
3
149.
Sec. 342, Title VIII – establish new requirements for the executive branch to disclose sensitive information
Could be inconsistent with the President's constitutional authority to withhold information the disclosure of which could impair foreign relations, the national security, the deliberative processes of the Executive, or the performance of the Executive's constitutional duties.
7
150.
501( d) and ( e) – relate to the number and activities of military personnel deployed abroad
Could be inconsistent with the President's constitutional authority as Commander in Chief of the Armed Forces.
5
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Objection
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Provision Objected To Reason for Objection Intended
Response1
Category
of
Objection2
Bob Stump National Defense Authorization Act for Fiscal Year 2003
38 Weekly Comp. Pres. Doc. 2114 ( H. R. 4546, P. L. 107- 314, December 2, 2002)
151.
Sec. 221 – establishes new requirements for the executive branch to furnish sensitive information to the Congress on various subjects
Could be inconsistent with the President's constitutional authority to withhold information the disclosure of which could impair foreign relations, the national security, the deliberative processes of the Executive, or the performance of the Executive's constitutional duties.
7
152.
Sec. 1043 – establishes new requirements for the executive branch to furnish sensitive information to the Congress on various subjects
7
153.
Sec. 1065 – establishes new requirements for the executive branch to furnish sensitive information to the Congress on various subjects
7
154.
Sec. 1205 – establishes new requirements for the executive branch to furnish sensitive information to the Congress on various subjects
7
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Objection
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Provision Objected To Reason for Objection Intended
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Objection2
155.
Sec. 1206 – establishes new requirements for the executive branch to furnish sensitive information to the Congress on various subjects
7
156.
Sec. 1207 – establishes new requirements for the executive branch to furnish sensitive information to the Congress on various subjects
7
157.
Sec. 1209 – establishes new requirements for the executive branch to furnish sensitive information to the Congress on various subjects
7
158.
Sec. 112( b) – calls for executive branch officials to submit recommendations and plans to the Congress
Could be inconsistent with the President's constitutional authority to supervise the unitary executive branch
3
159.
Sec. 142( c) – calls for executive branch officials to submit recommendations and plans to the Congress
3
160.
Sec. 221( c) – calls for executive branch officials to submit recommendations and plans to the Congress
3
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Provision Objected To Reason for Objection Intended
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Objection2
161.
Sec. 231 – calls for executive branch officials to submit recommendations and plans to the Congress
3
162.
Sec. 234( c) – calls for executive branch officials to submit recommendations and plans to the Congress
3
163.
Sec. 241( c)( 3)( D) – calls for executive branch officials to submit recommendations and plans to the Congress
3
164.
Sec. 366 – calls for executive branch officials to submit recommendations and plans to the Congress
3
165.
Sec. 404( c) – calls for executive branch officials to submit recommendations and plans to the Congress
3
166.
Sec. 534( c) – calls for executive branch officials to submit recommendations and plans to the Congress
3
167.
Sec. 582 – calls for executive branch officials to submit recommendations and plans to the Congress
3
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Provision Objected To Reason for Objection Intended
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of
Objection2
168.
Sec. 721 – calls for executive branch officials to submit recommendations and plans to the Congress
3
169.
Sec. 723 – calls for executive branch officials to submit recommendations and plans to the Congress
3
170.
Sec. 924 – calls for executive branch officials to submit recommendations and plans to the Congress
3
171.
Sec. 1043( b)( 2) – calls for executive branch officials to submit recommendations and plans to the Congress
3
172.
Sec. 1207 – calls for executive branch officials to submit recommendations and plans to the Congress
3
173.
Sec. 1208 – calls for executive branch officials to submit recommendations and plans to the Congress
3
174.
Sec. 3141( e) – calls for executive branch officials to submit recommendations and plans to the Congress
3
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Objection
Number
Provision Objected To Reason for Objection Intended
Response1
Category
of
Objection2
175.
Sec. 3176( b)( 4) – call for executive branch officials to submit recommendations and plans to the Congress
3
176.
Sec. 3176( d) – call for executive branch officials to submit recommendations and plans to the Congress
3
177.
Sec. 3504( c)( 4) – calls for executive branch officials to submit recommendations and plans to the Congress
3
178.
Sec. 513( e) – purports to require executive branch officials to submit legislative proposals to the Congress
Could be inconsistent with the President's constitutional authority to supervise the unitary executive branch; and the President’s constitutional authority consistent with the President's constitutional authority to submit for the consideration of the Congress such measures as the President judges necessary and expedient.
1, 3
179.
Sec. 813 – purports to require executive branch officials to submit legislative proposals to the Congress
1, 3
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Objection2
180.
Sec. 1061 – purports to require executive branch officials to submit legislative proposals to the Congress
1, 3
181.
Sec. 3143 – purports to require executive branch officials to submit legislative proposals to the Congress
1, 3
182.
Sec. 133( 2)( B) – says that the Secretary of the Air Force may not enter into a lease for tanker aircraft until a notification for the funds has been submitted in accordance with established procedures
Could be inconsistent with the principles of INS v. Chadha
construed as requiring only notification to Congress, not approval
2
183.
Sec. 801 – enacts 10 U. S. C. 2308( e)( 1), which sets forth quantities in tables in reports
Could be inconsistent with the bicameralism and presentment requirements of the Constitution for making a law
but does not give the force of law to any quantity set forth
2
184.
Sec. 816 – extends 10 U. S. C. 2323 through fiscal year 2006
Could be inconsistent with the equal protection requirements of the Due Process Clause of the Fifth Amendment
9
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Number
Provision Objected To Reason for Objection Intended
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Category
of
Objection2
185.
Sec. 242 – vests authority to direct the provision of funds for designated projects, and to select certain projects for funding, in an official to be designated by the Under Secretary of Defense for Acquisition, Technology, and Logistics
May only be exercised in accordance with the provisions of the Appointments Clause
Sec. of Defense shall ensure that the official is a duly chosen constitutional officer, or that the authority is supervised and reviewed by the Under Secretary or other appropriate officer
6
186.
Sec. 3155 – purports to require executive branch officials to conduct programs within a foreign country
Could be inconsistent with the President’s constitutional authority to conduct the foreign affairs of the United States
4
187.
Sec. 3156 – purports to require executive branch officials to conduct programs within a foreign country
4
188.
Sec. 3160 – purports to require executive branch officials to conduct programs within a foreign country
4
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Objection2
E- Government Act of 2002
38 Weekly Comp. Pres. Doc. 2174 ( H. R. 2458, P. L. 107- 347, December 17, 2002)
189.
Sec. 301( c) - preserves the authorities of the Secretary of Defense, the Director of Central Intelligence, and other agency heads with regard to the operation, control, and management of national security systems.
Must be consistent with the President’s constitutional authorities to supervise the unitary executive branch and to protect sensitive national security, law enforcement, and foreign relations information
3, 7
Legislation to Reauthorize the Hydrographic Services Improvement Act of 1998
38 Weekly Comp. Pres. Doc. 2179 ( H. R. 3883, P. L. 107- 372, December 19, 2002)
190.
Sec. 221( a)( 4) – provides statutory bases for revocation of commissions or removal from service
Must not be in derogation of the President’s constitutional authority to remove officers of the U. S.
21
191.
Sec. 223( b) – provides statutory bases for revocation of commissions or removal from service
21
192.
Sec. 241( a)( 2) – provides statutory bases for revocation of commissions or removal from service
21
193.
Sec. 222 – provides recommendations for the nomination of candidates
Could be inconsistent with the President’s constitutional authority to nominate and appoint candidates
will construe as advisory
6
194.
Sec. 224 – provides recommendations for the nomination of candidates
6
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Objection
Number
Provision Objected To Reason for Objection Intended
Response1
Category
of
Objection2
National Science Foundation Authorization Act of 2002
38 Weekly Comp. Pres. Doc. 2178 ( H. R. 4664, P. L. 107- 368, December 18, 2002)
195.
Sec. 5( f) – purports to condition authorizations of certain appropriations on a subsequent determination by Congress of the existence of successful progress by the executive branch toward specific goals
Could be inconsistent with INS v. Chadha
2
196.
Sec. 8( 10)( A) – regarding support to minority- serving institutions,
Could be inconsistent with the equal protection requirements of the Due Process Clause of the Fifth Amendment
9
197.
Sec. 9( a)( 5) – regarding science enrichment programs for girls,
Could be inconsistent with the equal protection requirements of the Due Process Clause of the Fifth Amendment
1, 3
198.
Sec. 11( b)( 3) – regarding awards for performance, 24 – regarding minority- serving institutions undergraduate program
Could be inconsistent with the equal protection requirements of the Due Process Clause of the Fifth Amendment
1, 3
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Objection
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Provision Objected To Reason for Objection Intended
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Objection2
199.
Sec. 14( a) – calls for submission by the executive branch of specified information or recommendations to the Congress
Could be inconsistent with the President’s constitutional authority to supervise the unitary executive branch, to protect the deliberative processes of the Executive, and to submit to the Congress such recommendations as the President judges necessary and expedient.
1, 3
200.
Sec. 14( b) – calls for submission by the executive branch of specified information or recommendations to the Congress
1, 3
201.
Sec. 18( d) – calls for submission by the executive branch of specified information or recommendations to the Congress
1, 3
Consolidated Appropriations Resolution 2003
39 Weekly Comp. Pres. Doc. 225 ( H. J. Res. 2, P. L. 108- 7, February 20, 2003)
202.
Sec. 514 of the Foreign Operations Appropriations Act – purports to direct or burden the Executive’s conduct of international negotiations
Inconsistent with the President’s constitutional authority to conduct foreign affairs
will construe as advisory
4
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Statement
Objection
Number
Provision Objected To Reason for Objection Intended
Response1
Category
of
Objection2
203.
Sec. 556 of the Foreign Operations Appropriations Act – purports to direct or burden the Executive’s conduct of international negotiations
4
204.
Sec. 576 of the Foreign Operations Appropriations Act – purports to direct or burden the Executive’s conduct of international negotiations
4
205.
Sec. 577 of the Foreign Operations Appropriations Act – purports to direct or burden the Executive’s conduct of international negotiations
4
206.
" Andean Counterdrug Initiative" in the Foreign Operations Appropriation Act; Sec. 609 in the Commerce Appropriations Act – purport to limit the President’s authority as commander in chief
Inconsistent with the President’s constitutional authority to command the armed forces
will construe as advisory
5
Page 54
Statute Signed Cite to Signing
Statement
Objection
Number
Provision Objected To Reason for Objection Intended
Response1
Category
of
Objection2
207.
Sec. 718 of the Agriculture Act; provisions relating to Office of Management and Budget review of executive branch orders, activities, regulations, transcripts and testimony in the Treasury Appropriations Act – purport to limit the President’s authority to supervise the unitary executive branch
Inconsistent with the President’s constitutional authority to supervise the unitary executive branch
will construe as advisory
3
208.
Sec. 561( a) of the Foreign Operations Appropriations Act;
mandate, regulate, or prohibit submission of information to the Congress or to the public
Inconsistent with the President's constitutional authority to withhold information that could impair foreign relations, national security, the deliberative processes of the Executive, or the performance of the Executive's constitutional duties
will construe as advisory
7
209.
Sec. 620 of Treasury Appropriations Act – mandate, regulate, or prohibit submission of information to the Congress or to the public
Inconsistent with the President's constitutional authority to withhold information that could impair foreign relations, national security, the deliberative processes of the Executive, or the performance of the Executive's constitutional duties
will construe as advisory
7
Page 55
Statute Signed Cite to Signing
Statement
Objection
Number
Provision Objected To Reason for Objection Intended
Response1
Category
of
Objection2
210.
Sec. 622 of Treasury Appropriations Act – mandate, regulate, or prohibit submission of information to the Congress or to the public
Inconsistent with the President's constitutional authority to withhold information that could impair foreign relations, national security, the deliberative processes of the Executive, or the performance of the Executive's constitutional duties
will construe as advisory
7
211.
Sec. 568( a) of the Foreign Operations Appropriations Act; mandate, regulate, or prohibit submission of information to the Congress or to the public
7
212.
Sec. 574( d) of the Foreign Operations Appropriations Act; mandate, regulate, or prohibit submission of information to the Congress or to the public
7
213.
Sec. 723 of Agricultural Appropriations Act; provisions purporting to require submission of a request for a supplemental appropriation in the Interior Appropriations Act - mandate or prohibit submission of recommendations to the Congress
Inconsistent with the President’s constitutional authority to make recommendations to the Congress
1
Page 56
Statute Signed Cite to Signing
Statement
Objection
Number
Provision Objected To Reason for Objection Intended
Response1
Category
of
Objection2
214.
Provisions that purport to require congressional committee approval for the execution of a law, including sections 704 relating to fund transfers in the Agriculture Appropriations Act; the provision relating to an expenditure plan for the entry- exit system in the Commerce Appropriations Act; and the provisions on transfer of United States Customs Service aircraft, automated commercial environment, business systems modernization, funds transfers within and among Treasury entities, Secret Service protective mission travel, museum construction, high- intensity drug trafficking area and other funding levels, building prospectus funding levels, use of the Federal building fund for emergency repairs and transfers with the fund, unobligated balances for salaries and expenses, office improvements, and law enforcement training facilities in the Treasury Appropriations Act.
Inconsistent with INS v. Chadha
Atty. General shall serve as single officer
2
Page 57
Statute Signed Cite to Signing
Statement
Objection
Number
Provision Objected To Reason for Objection Intended
Response1
Category
of
Objection2
215.
Provisions that purport to require congressional committee approval for the execution of a law, including sections 719 relating to fund transfers in the Agriculture Appropriations Act; the provision relating to an expenditure plan for the entry- exit system in the Commerce Appropriations Act; and the provisions on transfer of United States Customs Service aircraft, automated commercial environment, business systems modernization, funds transfers within and among Treasury entities, Secret Service protective mission travel, museum construction, high- intensity drug trafficking area and other funding levels, building prospectus funding levels, use of the Federal building fund for emergency repairs and transfers with the fund, unobligated balances for salaries and expenses, office improvements, and law enforcement training facilities in the Treasury Appropriations Act.
Inconsistent with INS v. Chadha
Atty. General shall serve as single officer
2
Page 58
Statute Signed Cite to Signing
Statement
Objection
Number
Provision Objected To Reason for Objection Intended
Response1
Category
of
Objection2
216.
Sec. 586 of the Foreign Operations Appropriation Act – requires the President to issue and provide copies of an order relating to consideration of the release of information
Could be inconsistent with the President's constitutional authority to withhold information, the disclosure of which could impair foreign relations, national security, the deliberative processes of the Executive, or the performance of the Executive's constitutional duties.
will comply to the fullest extent that is consistent with the Appointments Clause
7
217.
Sec. 1017 of the legislative branch Appropriations Act – requires an officer within the executive branch to be authorized to receive requests from the Chief of the Capitol Police and to approve action by the executive branch
Need to preserve proper respect for the distinct powers of the executive and legislative branches and to ensure coordination between them in emergencies
11
Postal Civil Service Retirement System Funding Reform Act of 2003
39 Weekly Comp. Pres. Doc. 460 ( S. 380, P. L. 108- 18, April 23, 2003)
218.
Sec. 2( c) – vests in certain circumstances in the CSRS Board of Actuaries authority to reconsider, review, and make adjustments with finality in certain determinations, redeterminations, and computations made by the Director of the Office of Personnel Management ( OPM)
Inconsistent with the Appointments Clause; Board members are not principal officers because they are not appointed by the President
6
Page 59
Statute Signed Cite to Signing
Statement
Objection
Number
Provision Objected To Reason for Objection Intended
Response1
Category
of
Objection2
219.
Sec. 3( b) – vests in certain circumstances in the CSRS Board of Actuaries authority to reconsider, review, and make adjustments with finality in certain determinations, redeterminations, and computations made by the Director of the Office of Personnel Management ( OPM)
6
220.
Sec. 2( e)( 1) – purports to require officials in the executive branch to submit recommendations to the Congress or an agent of the Congress
Could be inconsistent with the constitutional authority of the President to submit for the consideration of the Congress such measures as the President judges necessary and expedient.
1
221.
Sec. 3( e)( 1) – purports to require officials in the executive branch to submit recommendations to the Congress or an agent of the Congress
will construe as giving the President broad discretion whether to certify to the Congress that an applicable waiver or decision is in effect
1
Page 60
Statute Signed Cite to Signing
Statement
Objection
Number
Provision Objected To Reason for Objection Intended
Response1
Category
of
Objection2
222.
Sec. 3( f)( 1)( B) – purports to require officials in the executive branch to submit recommendations to the Congress or an agent of the Congress
1
Clean Diamond Trade Act
39 Weekly Comp. Pres. Doc. 491 ( H. R. 1584, P. L. 108- 19, April 25, 2003)
223.
Sec. 15 – provides that the legislation takes effect on the date the President certifies to the Congress that either 1) an applicable waiver that has been granted by the World Trade Organization is in effect, or 2) an applicable decision in a resolution adopted by the U. N. Security Council pursuant to Chapter VII of the Charter of the U. N. is in effect has occurred
If requiring the President to certify that one of these events had occurred was mandatory, it would raise a serious question whether it unconstitutionally delegated legislative power to international bodies
13
Prosecutorial Remedies and Other Tools to end the Exploitation of Children Today Act of 2003
39 Weekly Comp. Pres. Doc. 504 ( S. 151, P. L. 108- 21, April 30, 2003)
224.
Sec. 108( d)( 3) – calls for the Atty. General to submit recommendations to the Congress
Could be inconsistent with the President’s constitutional authority to submit for the consideration of the Congress such measures as he judges necessary and expedient
1
Page 61
Statute Signed Cite to Signing
Statement
Objection
Number
Provision Objected To Reason for Objection Intended
Response1
Category
of
Objection2
225.
Sec. 401( l)( 2) – calls for a report to certain committees of the Congress by the Atty. General concerning prosecutorial actions, including the basis on which the Solicitor General decides to grant an appeal in cases dealing with departures from sentencing guidelines
Could be inconsistent with the President's constitutional authority to withhold information the disclosure of which could impair the deliberative processes of the Executive or the performance of the Executive's constitutional duties.
7
Legislation Concerning Participation of Taiwan in the World Health Organization
39 Weekly Comp. Pres. Doc. 679 ( S. 243, P. L. 108- 28, May 29, 2003)
226.
Sec. 1( c) – imposes a reporting requirement
Could be inconsistent with the President's constitutional authority to withhold information the disclosure of which could impair the deliberative processes of the Executive or the performance of the Executive's constitutional duties.
7
Strengthen AmeriCorps Program Act
39 Weekly Comp. Pres. Doc. 876 ( S. 1276, P. L. 108- 45, July 3, 2003)
227.
Sec. 2( b)( 2) – purports to require the CNCS to consult the Director of the Congressional Budget Office in executing 2( b)( 1), relating to determination of a formula for calculating certain obligations for recordation
Since CNCS is part of the unitary executive branch, a statute cannot constitutionally require the executive branch to involve a legislative agent in executive decision- making
will construe as requiring only notification of the CBO
3
Page 62
Statute Signed Cite to Signing
Statement
Objection
Number
Provision Objected To Reason for Objection Intended
Response1
Category
of
Objection2
Higher Education Relief Opportunities for Students Act of 2003
39 Weekly Comp. Pres. Doc. 1081 ( H. R. 1412, P. L. 108- 76, August 18, 2003)
228.
Sec. 2( c)
Could be inconsistent with the President’s authority under the Recommendations Clause to submit for the consideration of Congress such measures as he judges necessary or expedient
1
Prison Rape Elimination Act of 2003
39 Weekly Comp. Pres. Doc. 1148 ( S. 1435, P. L. 108- 79, September 4, 2003)
229.
Sec. 7( h) – purports to grant to the Commission a right of access to any federal department or agency information;
Could be in consistent with the President's constitutional authority to withhold information when its disclosure could impair deliberative processes of the Executive or the performance of the Executive's constitutional duties and, with Federal statutes protecting sensitive information from disclosure.
7
230.
Sec. 7( k)( 3) provides for a release of the information to the public
7
Legislative Branch Appropriations Act, 2004
39 Weekly Comp. Pres. Doc. 1287 ( H. R. 2657, P. L. 108- 83, September 30, 2003)
231.
Sec. 103 – establishes in the H. R. an Office of Interparliamentary Affairs
Could be inconsistent with the President’s constitutional authority to conduct the Nation’s foreign affairs
4
Page 63
Statute Signed Cite to Signing
Statement
Objection
Number
Provision Objected To Reason for Objection Intended
Response1
Category
of
Objection2
232.
Sec. 3604 makes specified changes in statements of managers of the House- Senate conference committees that accompanied various bills reported from conference that ultimately became laws
Statements of managers accompanying a conference report do not have the force of law
2
233.
Sec. 3605 makes specified changes in statements of managers of the House- Senate conference committees that accompanied various bills reported from conference that ultimately became laws
Statements of managers accompanying a conference report do not have the force of law
2
234.
Sec. 3610 makes specified changes in statements of managers of the House- Senate conference committees that accompanied various bills reported from conference that ultimately became laws
Statements of managers accompanying a conference report do not have the force of law
2
235.
Sec. 3611 makes specified changes in statements of managers of the House- Senate conference committees that accompanied various bills reported from conference that ultimately became laws
Statements of managers accompanying a conference report do not have the force of law
2
Page 64
Statute Signed Cite to Signing
Statement
Objection
Number
Provision Objected To Reason for Objection Intended
Response1
Category
of
Objection2
236.
Sec. 3612 makes specified changes in statements of managers of the House- Senate conference committees that accompanied various bills reported from conference that ultimately became laws
Statements of managers accompanying a conference report do not have the force of law
2
237.
Sec. 3613 makes specified changes in statements of managers of the House- Senate conference committees that accompanied various bills reported from conference that ultimately became laws
Statements of managers accompanying a conference report do not have the force of law
2
Department of Defense Appropriations Act, 2004
39 Weekly Comp. Pres. Doc. 1289 ( H. R. 2658, Public Law No. P. L. 8- 87, October 1, 2003)
238.
Sec. 8007 – prohibits the use of funds to initiate a special access program or to initiate a new start program, unless the congressional defense committees receive advance notice
Could be inconsistent with the President’s authority to classify and control access to information bearing on national security flows from the Constitution and does not depend on a constitutional grant of authority
but action sooner than 15 days after notification may be required
7
239.
Sec. 8013 – prohibits the use of funds to initiate a special access program or to initiate a new start program, unless the congressional defense committees receive advance notice
7
Page 65
Statute Signed Cite to Signing
Statement
Objection
Number
Provision Objected To Reason for Objection Intended
Response1
Category
of
Objection2
240.
Sec. 8065 – provides that no funds available to the Dept. of Defense may be used to transfers defense articles and services to another nation or international organization for humanitarian purposes until 15 days after the executive branch notifies six committees of Congress of the proposed transfer
Could be inconsistent with the President’s constitutional authority as Commander in Chief of the Armed Forces
5
241.
Proviso in the Act’s appropriation for Operation and Maintenance, Defense- Wide - prohibits implementation of and purports to prohibit planning for consolidation of certain offices within the Department of Defense
Could be inconsistent with the President's constitutional authority to require the opinions of the heads of departments and to recommend for congressional consideration such measures as the President shall judge necessary and expedient.
1, 14
242.
Sec. 8010( b) – purports to specify the content of a portion of a future budget request to the Congress for the Dept. of Defense
Could be inconsistent with the President's constitutional authority to require the opinions of the heads of departments and to recommend for congressional consideration such measures as the President shall judge necessary and expedient.
1, 14
243.
Sec. 8041( b) – purports to specify the content of a portion of a future budget request to the Congress for the Dept. of Defense
will construe as requiring only notification
1, 14
Page 66
Statute Signed Cite to Signing
Statement
Objection
Number
Provision Objected To Reason for Objection Intended
Response1
Category
of
Objection2
244.
Sec. 8115 – purports to specify the content of a portion of a future budget request to the Congress for the Dept. of Defense
1, 14
245.
Sec. 8005 – relates to requests to congressional committees for reprogramming of funds for
Could be inconsistent with INS v. Chadha
2
246.
Proviso in the appropriation for " Operation and Maintenance, Air Force" earmarks an amount of funds for a grant to a college for the purpose of funding minority aviation training
Must be consistent with the requirement to afford equal protection of the laws under the Due Process Clause of the Fifth Amendment
will construe the classified annex references as advisory in effect
9
247.
Sec. 8089 - provides that, in implementing a healthcare interagency partnership under that section, Native Hawaiians shall have the status of Native Americans who are eligible for healthcare services
Must be consistent with the requirement to afford equal protection of the laws under the Due Process Clause of the Fifth Amendment
9
248.
Sec. 8082 – makes clear that the classified annex accompanies but is not incorporated as a part of the Act
Does not meet the bicameralism and presentment requirements of the Constitution for the making of a law
249.
Sec. 8091 – makes clear that the classified annex accompanies but is not incorporated as a part of the Act
2
Page 67
Statute Signed Cite to Signing
Statement
Objection
Number
Provision Objected To Reason for Objection Intended
Response1
Category
of
Objection2
250.
Sec. 8117 – makes clear that the classified annex accompanies but is not incorporated as a part of the Act
will construe as calling solely for notification
2
251.
Sec. 8131 – makes clear that the classified annex accompanies but is not incorporated as a part of the Act
2
Department of Homeland Security Appropriations Act of 2004
39 Weekly Comp. Pres. Doc. 1292 ( H. R. 2555, P. L. 108- 90, October 1, 2003)
252.
Sec. 504 – purports to require congressional committee approval for the execution of a law
Inconsistent with INS v. Chadha
2
253.
Sec. 511 – purports to require congressional committee approval for the execution of a law
will construe as advisory
2
254.
Sec. 516 ( and others) – purport to require congressional committee approval for the execution of a law
2
255.
Sec. 519 – purports to allow an agent of the legislative branch to prevent implementation of the law unless the legislative agent reports to Congress that the executive branch has met certain conditions
Inconsistent with INS v. Chadha
but situations may arise where he needs to act promptly
2
Page 68
Statute Signed Cite to Signing
Statement
Objection
Number
Provision Objected To Reason for Objection Intended
Response1
Category
of
Objection2
Check Clearing for the 21st Century Act
39 Weekly Comp. Pres. Doc. 1485 ( H. R. 1474, P. L. 108- 100, October 28, 2003)
256.
Sec. 16( b) – purports to require executive branch officials to submit to the Congress recommendations for legislative action
Must be consistent with the President’s authority under the Recommendations Clause to submit for the consideration of the Congress such measures as he judges necessary and expedient
1
Emergency Supplemental Appropriations Act for Defense and for the Reconstruction of Iraq and Afghanistan, 2004
39 Weekly Comp. Pres. Doc. 1549 ( H. R. 3289, P. L. 108- 106, November 6, 2003)
257.
Sec. 1108 – prohibits the use of appropriated funds for certain activities unless the congressional defense committees receive advance notice
Could be inconsistent with the constitutional authority of the President to classify and control access to information bearing on the national security.
7
258.
Sec. 1113 – prohibits the use of appropriated funds for certain activities unless the congressional defense committees receive advance notice
7
259.
Title III – creates an Inspector General of the CPA
Could be inconsistent with the President's constitutional authorities to conduct the Nation's foreign affairs, to supervise the unitary executive branch, and as Commander in Chief of the Armed Forces
3, 4, 5
Page 69
Statute Signed Cite to Signing
Statement
Objection
Number
Provision Objected To Reason for Objection Intended
Response1
Category
of
Objection2
260.
Sec. 3001( h)( 4)( B) ( and others) – require disclosure of information
Could be inconsistent with the President's constitutional authority to withhold information that could impair foreign relations, national security, the deliberative processes of the Executive, or the performance of the Executive's constitutional duties.
7
Department of the Interior and Related Agencies Appropriations Act, 20004
39 Weekly Comp. Pres. Doc. 1576 ( H. R. 2691, P. L. 108- 108, November 10, 2003)
261.
Sec. 101 – purports to require the executive branch to submit to the Congress in certain circumstances a request for supplemental appropriation for the enactment of other legislation
Could be inconsistent with the President's constitutional authority to submit for the consideration of the Congress such measures as the President judges necessary and expedient.
will construe as requiring only notification
1
262.
Sec. 325 – purports to require the executive branch to submit to the Congress in certain circumstances a request for supplemental appropriation for the enactment of other legislation
does not require the Executive to submit recs. to Congress nor to specify procedures by which the Exec. must formulate recs. that he makes
1
Page 70
Statute Signed Cite to Signing
Statement
Objection
Number
Provision Objected To Reason for Objection Intended
Response1
Category
of
Objection2
263.
Other provisions - purport to require the consent or approval of committees of the Congress before executive branch execution of aspects of the Act or purport to preclude executive branch execution of a provision of the Act upon the written disapproval of such committees ( Unnumbered sections)
Could contravene the principles set forth in INS v. Chadha
but the situation may arise where the President needs to act promptly under his powers
2
Animal Drug User Fee Act of 2003
39 Weekly Comp. Pres. Doc. 1644 ( S. 313, P. L. 108- 130, November 18, 2003)
264.
Sec. 4( a) – purports to require the Secretary of Health and Human Services to submit legislative recommendations to the Congress and to establish procedures by which the Secretary must formulate such recommendations
Could be inconsistent with the Constitution's exclusive commitments to the President of the authority to submit for the consideration of the Congress such measures as he judges necessary and expedient and the authority to supervise the unitary executive branch.
1, 3
Military Construction Appropriations Act, 2004
39 Weekly Comp. Pres. Doc. 1680 ( H. R. 2559, P. L. 108- 132, November 22, 2003)
265.
Sec. 107 – provides for notice to the Congress of relocation of activities between military installations, initiation of a new installation abroad, or U. S. military exercises $ 100,000 in construction costs
The President's authority to classify and control access to information bearing on national security flows from the Constitution and does not depend upon a legislative grant of authority
7
Page 71
Statute Signed Cite to Signing
Statement
Objection
Number
Provision Objected To Reason for Objection Intended
Response1
Category
of
Objection2
266.
Sec. 110 – provides for notice to the Congress of relocation of activities between military installations, initiation of a new installation abroad, or U. S. military exercises $ 100,000 in construction costs
7
267.
Sec. 113 – provides for notice to the Congress of relocation of activities between military installations, initiation of a new installation abroad, or U. S. military exercises $ 100,000 in construction costs
7
268.
Sec. 119 – provides for the Secretary of Defense to submit a report to Congress with details of proposed actions to encourage certain cooperating nations to assume a greater share of the common defense burden
Could be inconsistent with the President's constitutional authority to withhold information the disclosure of which could impair foreign relations, the national security, the deliberative processes of the Executive, or the performance of the Executive's constitutional duties.
will construe as advisory7
7
Page 72
Statute Signed Cite to Signing
Statement
Objection
Number
Provision Objected To Reason for Objection Intended
Response1
Category
of
Objection2
269.
Sec. 128 – establishes a commission of eight congressionally- designated members to study the U. S. military facility structure overseas and provides for commission access to information
Could be inconsistent with the President's constitutional authority to withhold information the disclosure of which could impair foreign relations, the national security, the deliberative processes of the Executive, or the performance of the Executive's constitutional duties.
will construe as advisory
7
National Defense Authorization Act for Fiscal Year 2004
39 Weekly Comp. Pres. Doc. 1683 ( H. R. 1588, P. L. 108- 136, November 24, 2003)
270.
Sec. 541( a) – amends 10 U. S. C. 991 to purport to place limits on the number of days on which a member of the Armed Forces may be deployed, unless an officer who has been delegated authority under 541( a) approves it
Could be inconsistent with the President's constitutional authority as Commander in Chief and to supervise the unitary executive branch.
3, 5
271.
Sec. 1023 – purports to place restrictions on use of the U. S. Armed Forces in certain situations
Could be inconsistent with the President's constitutional authority as Commander in Chief and to supervise the unitary executive branch.
3, 5
Page 73
Statute Signed Cite to Signing
Statement
Objection
Number
Provision Objected To Reason for Objection Intended
Response1
Category
of
Objection2
272.
Sec. 903 – amends 10 U. S. C. 153 to require the Secretary of Defense to provide for a report to the Congress by the Chairman of the Joint Chiefs of Staff of a plan for mitigating risks identified by the Chairman
Could be inconsistent with the President's constitutional authority to supervise the unitary executive branch and as Commander in Chief.
will construe as authorizing neither representation of the United States nor disclosure of national security information protected by law or Executive Order.
3, 5
273.
Sec. 924 – places restrictions upon the exercise of certain acquisition authority by the Director of the National Security Agency
Could be inconsistent with the constitutional authority of the President to supervise the unitary executive branch and as Commander in Chief.
3, 5
274.
Sec. 3622 – purports to establish an interparliamentary working group on nuclear nonproliferation and security
Could be inconsistent with the President's constitutional authority to conduct the Nation's foreign relations and as Commander in Chief
4, 5
Page 74
Statute Signed Cite to Signing
Statement
Objection
Number
Provision Objected To Reason for Objection Intended
Response1
Category
of
Objection2
275.
Sec. 320( b)( 5) – calls for executive branch officials to submit to the Congress proposals for legislation
Could be inconsistent with the President's constitutional authority to supervise the unitary executive branch and to recommend for the consideration of the Congress such measures as the President judges necessary and expedient.
1, 3
276.
Sec. 320( e) – calls for executive branch officials to submit to the Congress proposals for legislation
1, 3
277.
Sec. 335 – calls for executive branch officials to submit to the Congress proposals for legislation
1, 3
278.
Sec. 528 – calls for executive branch officials to submit to the Congress proposals for legislation
1, 3
279.
Sec. 647( c)( 2) – calls for executive branch officials to submit to the Congress proposals for legislation
1, 3
280.
Sec. 923( d)( 1)( F) – calls for executive branch officials to submit to the Congress proposals for legislation
1, 3
281.
Sec. 1051 – calls for executive branch officials to submit to the Congress proposals for legislation
1, 3
Page 75
Statute Signed Cite to Signing
Statement
Objection
Number
Provision Objected To Reason for Objection Intended
Response1
Category
of
Objection2
282.
Sec. 111( c) – requires the executive branch to furnish information to the Congress or to other entities on various subjects
7
283.
Sec. 903 – requires the executive branch to furnish information to the Congress or to other entities on various subjects
7
284.
Sec. 924 – requires the executive branch to furnish information to the Congress or to other entities on various subjects
7
285.
Sec. 1202 – requires the executive branch to furnish information to the Congress or to other entities on various subjects
7
286.
Sec. 1204 – requires the executive branch to furnish information to the Congress or to other entities on various subjects
7
287.
Sec. 111( c) – requires the executive branch to furnish information to the Congress or to other entities on various subjects
7
288.
Sec. 903 – requires the executive branch to furnish information to the Congress or to other entities on various subjects
7
Page 76
Statute Signed Cite to Signing
Statement
Objection
Number
Provision Objected To Reason for Objection Intended
Response1
Category
of
Objection2
289.
Sec. 924 – requires the executive branch to furnish information to the Congress or to other entities on various subjects
7
290.
Sec. 1202 – requires the executive branch to furnish information to the Congress or to other entities on various subjects
7
291.
Sec. 1204 – requires the executive branch to furnish information to the Congress or to other entities on various subjects
7
292.
Sec. 1504( b) – requires the executive branch to furnish information to the Congress or to other entities on various subjects
7
293.
2808 – requires the executive branch to furnish information to the Congress or to other entities on various subjects
will construe as requiring only notification
3, 5
Energy and Water Development Appropriations Act, 2004
39 Weekly Comp. Pres. Doc. 1732 ( H. R. 2754, P. L. 108- 137, December 1, 2003)
294.
Provisions that direct the Secretary of a military department to perform the Secretary’s duties through a particular military officer ( Title I)
Could be inconsistent with the constitutional authority of the President to supervise the unitary executive branch and as Commander in Chief.
2
Page 77
Statute Signed Cite to Signing
Statement
Objection
Number
Provision Objected To Reason for Objection Intended
Response1
Category
of
Objection2
295.
Sec. 209 – purports to require the approval of the committees of Congress before executive branch execution of aspects of the Act or to preclude executive branch execution of a provision of the Act upon the written disapproval of such a committee
Inconsistent with INS v. Chadha
2
296.
Sec. 303 – purports to require the approval of the committees of Congress before executive branch execution of aspects of the Act or to preclude executive branch execution of a provision of the Act upon the written disapproval of such a committee
2
21st Century Nanotechnology Research and Development Act
39 Weekly Comp. Pres. Doc. 1744 ( S. 189, P. L. 108- 153, December 3, 2003)
297.
Sec. 2( d)( 2) – purports to call for executive branch officials to submit to the Congress proposals for legislation
Could be inconsistent with the President's constitutional authority to supervise the unitary executive branch and to recommend for the consideration of the Congress such measures as the President judges necessary and expedient.
1, 3
298.
Sec. 3( c)( 1) – purports to call for executive branch officials to submit to the Congress proposals for legislation
1, 3
Page 78
Statute Signed Cite to Signing
Statement
Objection
Number
Provision Objected To Reason for Objection Intended
Response1
Category
of
Objection2
299.
Sec. 4( d) – purports to call for executive branch officials to submit to the Congress proposals for legislation
1, 3
300.
Sec. 5( d) – purports to call for executive branch officials to submit to the Congress proposals for legislation
1, 3
301.
Sec. 2( b)( 4)( E) – purports to establish interdisciplinary nanotechnology research centers in geographically diverse locations
Must be consistent with the Government's obligation under the Due Process Clause of the Fifth Amendment to ensure equal protection of the laws
9
Medicare Prescription Drug, Improvement, and Modernization Act of 2003
39 Weekly Comp. Pres. Doc. 1774 ( H. R. 1, P. L. 108- 173, December 8, 2003)
302.
Sec. 1012 – creates a commission and working group, both with most of their members designated by members of Congress or the Comptroller General, a legislative agent. Sec. 1012( h)( 3) and 1014( j)( 3) purport to give the commission and the working group a right to secure directly from executive departments and agencies information they seek to perform their duties.
Could be inconsistent with the constitutional authorities of the President to supervise the unitary executive branch and to withhold information the disclosure of which could impair the deliberative processes of the Executive or the performance of the Executive's constitutional duties.
3, 7
Page 79
Statute Signed Cite to Signing
Statement
Objection
Number
Provision Objected To Reason for Objection Intended
Response1
Category
of
Objection2
303.
Sec. 1014 – creates a commission and working group, both with most of their members designated by members of Congress or the Comptroller General, a legislative agent. Sec. 1012( h)( 3) and 1014( j)( 3) purport to give the commission and the working group a right to secure directly from executive departments and agencies information they seek to perform their duties.
3, 7
304.
Sec. 802 – calls for the President to submit to the Congress proposals for legislation in the event that a Medicare funding warning is issued
Could be inconsistent with the constitutional authorities of the President to supervise the unitary executive branch and to withhold information the disclosure of which could impair the deliberative processes of the Executive or the performance of the Executive's constitutional duties.
3, 7
Page 80
Statute Signed
Cite to Signing Statement
Objection Number
Provision Objected To
Reason for Objection
Intended Response1
Category of Objection2
305.
Sec. 101( b) – calls for executive branch officials to submit to the Congress proposals for legislation
Could be inconsistent with the constitutional authorities of the President to supervise the unitary executive branch and to withhold information the disclosure of which could impair the deliberative processes of the Executive or the performance of the Executive's constitutional duties.
3, 7
306.
Sec. 109( d)( 2) – calls for executive branch officials to submit to the Congress proposals for legislation
3, 7
307.
Sec. 410A( e) – calls for executive branch officials to submit to the Congress proposals for legislation
3, 7
308. Sec. 434( f) – calls for executive branch officials to submit to the Congress proposals for legislation 3, 7 309.
Sec. 507( c)( 3) – calls for executive branch officials to submit to the Congress proposals for legislation
3, 7
310.
Sec. 645( a)( 2) – calls for executive branch officials to submit to the Congress proposals for legislation
3, 7
311.
Sec. 649( g) – calls for executive branch officials to submit to the Congress proposals for legislation
3, 7
Page 81
Statute Signed
Cite to Signing Statement
Objection Number
Provision Objected To
Reason for Objection
Intended Response1
Category of Objection2
312.
651( d)( 2) – calls for executive branch officials to submit to the Congress proposals for legislation
3, 7
313.
Sec. 911( f) – calls for executive branch officials to submit to the Congress proposals for legislation
3, 7
314.
Sec. 1014( o) – calls for executive branch officials to submit to the Congress proposals for legislation
3, 7
Syria Accountability and Lebanese Sovereignty Restoration Act of 2003
39 Weekly Comp. Pres. Doc. 1795 ( H. R. 1828, P. L. 108- 175, December 12, 2003)
315.
Sec. 5 - purports to impose upon the President requirements to take certain actions against Syria unless the President either determines and certifies to the Congress that the Government of Syria has already taken them, or determines that it is in the national security interest of the United States to waive such requirements and reports the reasons for that determination to the Congress
A law cannot burden or infringe the President's exercise of a core constitutional power by attaching conditions precedent to the use of that power.
will construe in a manner consistent with the President's constitutional authority to conduct the Nation's foreign affairs and as Commander in Chief
4, 5
Page 82
Statute Signed
Cite to Signing Statement
Objection Number
Provision Objected To
Reason for Objection
Intended Response1
Category of Objection2
316.
Sec. 6 – requires an officer in the executive branch to furnish information to the Congress on various subjects involving Syria and terrorism
Could be inconsistent with the President’s constitutional authority to withhold information the disclosure of which could impair foreign relations, national security, the deliberative processes of the Executive, or the performance of the Executive’s constitutional duties
7
Vision 100 – Century of Aviation Reauthori- zation Act
39 Weekly Comp. Pres. Doc. 1795 ( H. R. 2115, P. L. 108- 176, December 12, 2003)
317.
Subtitle A of title II – amends 49 U. S. C. 106 to abolish the Air Traffic Services Subcommittee and create, separate from the Council, an Air Traffic Services Committee ( ATSC), vesting in it substantial governmental authority, including some non- advisory authority
The provisions of sec. 106 that refer to approval or other non- advisory functions of the ATSC will be construed to require only notice to the ATSC and an opportunity for the ATSC to express its views until the date on which the last Senate- confirmed member of the ATSC is appointed.
6
318.
Sec. 202 – enacts 49 U. S. C. 106( p)( 7)( B)( iii) to purport to limit the qualifications of the pool of people from which the President may select ATSC members
Could be inconsistent with the Appointments Clause
6
Page 83
Statute Signed
Cite to Signing Statement
Objection Number
Provision Objected To
Reason for Objection
Intended Response1
Category of Objection2
319.
Sec. 304( a) – enacts 49 U. S. C. 47171 to purport to mandate the process for cooperation among agencies in the executive branch in conducting environmental reviews for certain airport projects
Could be inconsistent with the President's constitutional authority to supervise the unitary executive branch
3
320.
Sec. 323( b)( 2) – relates to certain disputes
Could be inconsistent with the President’s constitutional authority to supervise the unitary executive branch
3
321.
Sec. 411( i) – concerns the provision of executive branch information and records to the National Commission on Small Community Air Service
Could be inconsistent wit7h the President's constitutional authority to withhold i9nformation the disclosure of which could impair the foreign relations, the national security, the deliberative processes of the Executive, or the performance of the Executive's constitutional duties
7
322.
Sec. 601( a) – enacts 49 U. S. C. 46111, relating to access to and use of classified information
Could be inconsistent with the President's constitutional authority to classify and control access to information bearing on the national security
7
Page 84
Statute Signed
Cite to Signing Statement
Objection Number
Provision Objected To
Reason for Objection
Intended Response1
Category of Objection2
323.
Sec. 702 – relates to the award of certain governmental scholarships
Could be inconsistent with the equal protection requirements of the Due Process Clause of the Fifth Amendment
independent construed as meaning independent from the FAA but not from the Secretary’s statutory authority
9
324.
Sec. 703 – relates to the award of certain governmental scholarships
will construe as advisory
9
325.
Sec. 712 – enacts 49 U. S. C. 44511( f), requiring the Secretary of Transportation to appoint an independent governing board for a 4- year airport cooperative research pilot program3, 4
Could be inconsistent with the President’s constitutional authority to supervise the unitary executive branch, and with the Appointments Clause
6
326.
Sec. 812( a) – purports to direct or burden the conduct of negotiations by the executive branch with foreign governments, international organizations, or other entities abroad
If construed as mandatory, would impermissibly interfere with the President's constitutional authority to conduct the Nation's foreign affairs, participate in international negotiations, and supervise the unitary executive branch.
3, 4
Page 85
Statute Signed
Cite to Signing Statement
Objection Number
Provision Objected To
Reason for Objection
Intended Response1
Category of Objection2
Intelligence Authorization Act for Fiscal Year 2004
39 Weekly Comp. Pres. Doc. 1798 ( H. R. 2417, P. L. 108- 177, December 13, 2003)
327.
Sec. 312( b) – enacts 506( A)( c) of the National Security Act of 1947, which purports to require the President to request that the Congress enact laws appropriating funding for a major intelligence system
Could be inconsistent with the President’s exclusive authority to submit for the consideration of the Congress such measures as the President judges necessary and expedient and to supervise the unitary executive branch, and to withhold information the disclosure of which could impair the deliberative processes of the Executive or the performance of the Executive's constitutional duties.
1, 3, 7
328.
Sec. 341( b) – purports to require the Atty. General and the Director of Central Intelligence, acting through subordinates, to establish certain policies and procedures relating to espionage prosecutions
Could be inconsistent with the President's constitutional authority to supervise the unitary executive branch.
3
329.
Sec. 376 – relates to making available classified information to the courts
Could be inconsistent with the President's constitutional authority to classify and control access to information bearing on the national security
7
Page 86
Statute Signed
Cite to Signing Statement
Objection Number
Provision Objected To
Reason for Objection
Intended Response1
Category of Objection2
330.
Sec. 106, subtitle D of title III – seek to require the executive branch to furnish information to the Congress on various subjects
Could be inconsistent with the President's constitutional authority to withhold information the disclosure of which could impair foreign relations, national security, the deliberative processes of the Executive, or the performance of the Executive's constitutional duties.
will construe as advisory
7
331.
Sec. 319 – relates to improvement of equality of employment opportunities in the intelligence community
Could be inconsistent with the requirement to afford equal protection of the laws under the Due Process Clause of the Fifth Amendment
9
332.
Sec. 502 – purports to place restrictions on the use of U. S. Armed Forces and other personnel in certain operations
Could be inconsistent with the President's constitutional authority as Commander in Chief, including for the conduct of intelligence operations, and to supervise the unitary executive branch.
3, 5
Page 87
Statute Signed
Cite to Signing Statement
Objection Number
Provision Objected To
Reason for Objection
Intended Response1
Category of Objection2
Federal Law Enforcement Pay and Benefits Parity Act of 2003
39 Weekly Comp. Pres. Doc. 1836 ( S. 1683, P. L. 108- 196, December 19, 2003)
333.
Sec. 2( b)( 2) – calls for submission by the executive branch of legislative recommendations
Could be inconsistent with the President's constitutional authority to supervise the unitary executive branch and to submit for the consideration of the Congress such measures as the President judges necessary and expedient.
1, 3
Defense Production Reauthori- zation Act of 2003
39 Weekly Comp. Pres. Doc. 1836 ( S. 1680, P. L. 108- 195, December 19, 2003)
334.
Sec. 7( c) – enacts sec. 123( c) of the Defense Production Act of 1992 amendments, which purports to require the executive branch to undertake consultations with foreign nations on specific matters and to report thereon to Congress
Could be inconsistent with the constitutional authorities of the President to conduct the Nation's foreign relations and to withhold information the disclosure of which could impair foreign relations, the national security, the deliberative processes of the Executive, or the performance of the Executive's constitutional duties.
4, 7
Consolidated Appropriations Act, 2004 ( CAA)
40 Weekly Comp. Pres. Doc. 137 ( H. R. 2673, P. L. 108- 199, January 23, 2004)
335.
Sec. 514 of the Foreign Operations Appropriations Act ( FOAA)
These sections direct or burden the Executive's conduct of foreign relations
will construe the provisions as advisory only.
4
336.
Sec. 531 FOAA
"
4
337.
Sec. 548 FOAA
"
4
338.
Sec. 557 FOAA
"
4
Page 88
Statute Signed
Cite to Signing Statement
Objection Number
Provision Objected To
Reason for Objection
Intended Response1
Category of Objection2
339.
Sec. 570 FOAA
"
4
340.
Sec. 571 FOAA
"
4
341.
Sec. 589 FOAA
"
4
342.
Sec. 610 FOAA
"
4
343.
Sec. 618 ( b) FOAA
"
4
344.
Sec. 404 Commerce, Justice, State Appropriations Act ( CJSAA)
"
4
345.
Sec. 612 CJSAA
"
4
346.
Sec. 635 CJSAA
"
4
347.
Sec. 610 of the CJSAA
Limits the President's authority as Commander in Chief
will construe the provisions as advisory only.
5
348.
Sec. 610 ( 3) of the CJSAA
Limits the President's authority to supervise the unitary executive branch
will construe the provisions as advisory only.
3
349.
Sec. 618 of the Transportation, Treasury Appropriations Act ( TTAA)
"
3
350.
Sec. 628 TTAA
"
3
351.
Sec. 604( c)( 3)( B) of the FOAA
Restricts the President's authority to make appointments
will construe the provisions as advisory only.
6
352.
Subsections 112( a) and ( d) of the CJSAA
"
6
Page 89
Statute Signed
Cite to Signing Statement
Objection Number
Provision Objected To
Reason for Objection
Intended Response1
Category of Objection2
353.
Sec. 637( e)( 2) of the CJSAA
Authority to determine and impose national security classification and withhold information
7
354.
Sec. 721 of the Agriculture Appropriations Act ( AAA)
Sole control over the authority to make recommendations to Congress
1
355.
Sec. 404 TTAA
"
1
356.
Sec. 121 of the Veteran's Affairs, Housing and Urban Dev. Appropriations Act. ( VAHUDA)
Rejection of mandatory report or approval from Congress
2
357.
Sec. 223 VAHUDA
"
2
358.
Sec. 584 of the FOAA
If requiring the President to certify that one of these events had occurred was mandatory, it would raise a serious question whether it unconstitutionally delegated legislative power to international bodies
13
359.
Sec. 704 of the AAA
Could be inconsistent with INS v. Chadha
will construe as requiring only notification
2
360.
Sec. 718 AAA
"
2
361.
Sec. 732 AAA
"
2
362.
Sec. 786 AAA
"
2
363.
Sec. 436( 5) of the District of Columbia Appro. Act. ( DCAA)
"
2
Page 90
Statute Signed
Cite to Signing Statement
Objection Number
Provision Objected To
Reason for Objection
Intended Response1
Category of Objection2
364.
Sec. 207 of the Labor, Health and Human Services Appro. Act. ( LHHAA)
"
2
365.
Sec. 201 TTAA
"
2
366.
Sec. 211 TTAA
"
2
367.
Sec. 212 TTAA
"
2
368.
Sec. 217 TTAA
"
2
369.
Sec. 403 TTAA
"
2
370.
Sec. 526 TTAA
"
2
371.
Sec. 533 TTAA
"
2
372.
Sec. 614 TTAA
"
2
373.
Sec. 623 TTAA
"
2
374.
Sec. 643 TTAA
"
2
375.
Sec. 111 of VAHUDA
"
2
376.
Sec. 409 of the CJSAA
Authority to determine and impose national security classification and withhold information
27
377.
Sec. 646 of the TTAA
Power to supervise the unitary executive
3
378.
Several provisions of the CAA
Equal protection requirements of the Due Process clause of the Fifth Amendment
9
379.
Sec. 153 of the CAA
Authority to determine and impose national security classification and withhold information
7
380.
Sec. 154 CAA
"
7
Page 91
Statute Signed
Cite to Signing Statement
Objection Number
Provision Objected To
Reason for Objection
Intended Response1
Category of Objection2
381.
Sec. 161 of the CAA
Power to supervise the unitary executive
will not construe this section to affect the power of the President to modify or amend the exec order to which the provisions refers
3
NASA Flexibility Act of 2004
40 Weekly Comp. Pres. Doc. 278 ( S. 610, P. L. 108- 201, February 24, 2004)
382.
Sec. 3 - purport to require or regulate the submission of certain plans, recommendations, and budget requests to the Congress.
Power to supervise the unitary executive, authority to determine and impose national security classification and withhold information
3, 7
Page 92
Statute Signed
Cite to Signing Statement
Objection Number
Provision Objected To
Reason for Objection
Intended Response1
Category of Objection2
Legislation on Amendments to the Mexico- United States Agreement on the Border Environment Cooperation Commission and the North American Development Bank
40 Weekly Comp. Pres. Doc. 550 ( H. R. 254, P. L. 108- 215, April 5, 2004)
383.
Sec. 1 - purports to direct the President to instruct United States representatives on the Board of Directors of the North American Development Bank to take a particular position with respect to certain grant proposals.
Unimpeded authority to conduct negotiations for foreign affairs
4
384.
Sec. 2( 5) purports to require the annual report of the Secretary of the Treasury to include a description of discussions between the US and Mexican gov'ts.
"
4
385.
Sec. 2 ( 6) "
"
4
Page 93
Statute Signed
Cite to Signing Statement
Objection Number
Provision Objected To
Reason for Objection
Intended Response1
Category of Objection2
Legislation To Provide for the Conveyance to the Utrok Atoll Local Government of a Decommi- ssioned National Oceanic and Atmospheric Administration Ship, and for Other Purposes
40 Weekly Comp. Pres. Doc. 579 ( H. R. 2584, P. L. 108- 219, April 13, 2004)
386.
Sec. 101 ( c) - purports to require the Utrok Atoll local government, in consultation with the Government of the Republic of the Marshall Islands, to submit a plan to four committees of the United States Congress for the use of the ship to be conveyed.
Unimpeded authority to conduct negotiations for foreign affairs
4
Legislation To Address the Participation of Taiwan in the World Health Organization
40 Weekly Comp. Pres. Doc. 1070 ( S. 2092 , P. L. 108- 235, June 14, 2004)
387.
Sec. 1 ( c) - reporting requirement section.
Power to supervise the unitary executive, authority to determine and impose national security classification and withhold information
4
Legislation To Provide for the Transfer of the Nebraska Avenue Naval Complex
40 Weekly Comp. Pres. Doc. 1194 ( H. R. 4322, P. L. 108- 268, July 2, 2004)
388.
Sec. 1 ( g)( 3) - purports to make consultation with specified Members of Congress a precondition to execution of the law, as calling for, but not mandating, such consultation.
Separation- of- powers claims based on INS v. Chadha
3, 7
Page 94
Statute Signed
Cite to Signing Statement
Objection Number
Provision Objected To
Reason for Objection
Intended Response1
Category of Objection2
Department of Defense Appropriations Act, 2005
40 Weekly Comp. Pres. Doc. 1453 ( H. R. 4613, P. L. 108- 287, August 5, 2004)
389.
Sec. 8007 of the Act prohibits the use of funds to initiate a special access program, a new overseas installation, or a new start program, unless the congressional defense committees receive advance notice.
The Supreme Court of the United States has stated that the President's authority to classify and control access to information bearing on the national security flows from the Constitution and does not depend upon a legislative grant of authority. The executive branch shall construe sections 8007, 8011, and 8106 in a manner consistent with the constitutional authority of the President.
2
390.
Sec. 8011 "
"
7
391.
Sec. 8106 "
"
7
Page 95
Statute Signed
Cite to Signing Statement
Objection Number
Provision Objected To
Reason for Objection
Intended Response1
Category of Objection2
392.
Sec. 8064 of the Act provides that, notwithstanding any other provision of law, no funds available to the Department of Defense for FY 2005 may be used to transfer defense articles or services, other than intelligence services, to another nation or an international organization for international peacekeeping, peace enforcement, or humanitarian assistance operations, until 15 days after the executive branch notifies 6 committees of the Congress of the planned transfer.
The President shall construe section 8064 in a manner consistent with the President's constitutional authority as Commander in Chief.
7
393.
Sections 8010( b) purports to specify the content of a portion of a future budget request to the Congress for the Department.
The executive branch shall construe these provisions elating to planning and making of budget recommendations in a manner consistent with the President's constitutional authority to require the opinions of the heads of departments and to recommend for congressional consideration such measures as the President shall judge necessary and expedient.
5
394.
Sec. 8036 "
"
1, 14
395.
Sec. 8041 ( b) "
"
1, 14
Page 96
Statute Signed
Cite to Si