WASHINGTON, D.C. – Representative Walter B. Jones (R-NC) has introduced H. R. 5993, the Presidential Signing Statements Act, a bill that would promote congressional and public awareness and understanding of presidential signing statements. While the history of presidential signing statements dates to the 19th century, a September 17, 2007, Congressional Research Service (CRS) report notes that U.S. presidents “have increasingly employed the statements to assert constitutional and legal objections to congressional enactments.” In doing so, the president sometimes communicates their intent to disregard certain provisions of bills they have signed into law because they believe the provisions are unconstitutional.

“Just as the American people have access to the text of bills that are signed into law, they should have easy and prompt access to the content of presidential signing statements that may effect how those laws will be executed,” Congressman Jones said. “To enable a more complete public understanding of our nation’s laws, the U.S. Congress should also be able to call for the executive’s explanation of the meaning and justification for a presidential signing statement.”

“According to CRS, President Clinton issued 381 signing statements while in office, 70 of which raised legal or constitutional objections. President George W. Bush has issued 157 signing statements, 122 of which have contained some type of constitutional challenge or objection,” Jones said. “Because it’s reasonable to assume that future presidents will continue this practice, I believe Congress should act now to pass legislation that will ensure proper understanding and disclosure of these signing statements.”

The American Bar Association (ABA) recently examined the issue of presidential signing statements and appointed the Task Force on Presidential Signing Statements and the Separation of Powers Doctrine. That task force issued a report urging Congress to “enact legislation requiring the President to promptly submit to Congress an official copy of all signing statements he issues…[and] to submit to Congress a report setting forth in full the reasons and legal basis for the statement.” The ABA also recommended that “such submissions be available in a publicly accessible database.”

H.R. 5993, the Presidential Signing Statements Act, would:

- require the president to transmit copies of the signing statements to congressional leadership within 3 days of issuance;

- require signing statements to be published in the Federal Register;

- require executive staff to testify on the meaning and justification for presidential signing statements at the request of the House or Senate Judiciary Committee; and

- provide that no monies may be authorized or expended to implement any law accompanied by a signing statement if any provision of the act is violated.