This post is meant to be a research guide for the Presidential Statement on H.J. Resolution 31 (Spending/Immigration bill) It can be read along with the video found here.

The statement made by the President is in italics below. The BOLD text indicates the page in the bill that is referenced by the italicized statement.

Click here for Presidential Statement

Click here for link to Bill

  1. PAGE 713/704: In addition, Division C, section 527, and Division A, section 516, both restrict the transfer of Guantanamo detainees to the United States.  I will treat these, and similar provisions, consistent with the President’s constitutional authority as Commander in Chief. 
  2. PAGE 719Division C, section 537, provides that the Department of Justice may not use any funds to prevent implementation of medical marijuana laws by various States and territories.  I will treat this provision consistent with the President’s constitutional responsibility to faithfully execute the laws of the United States
  3. PAGE 181Certain provisions within Division D, title II, under the heading “Office of Management and Budget — Salaries and Expenses” impose restrictions on supervision by the Office of Management and Budget (OMB) of work performed by executive departments and agencies, including provisos that no funds made available to OMB “may be expended for the altering of the annual work plan developed by the Corps of Engineers for submission to the Committees on Appropriations”;
  4. PAGE 274Several provisions (such as Division F, section 7041(b)(3)) mandate or regulate the submission of certain executive branch information to the Congress.  I will treat these provisions in a manner consistent with the President’s constitutional authority to withhold information that could impair foreign relations, national security, the deliberative processes of the executive branch, or the performance of the President’s constitutional duties.  In particular, Division D, section 713, prohibits the use of appropriations to pay the salary of any Federal officer or employee who interferes with or prohibits certain official communications between Federal employees and Members of Congress or of any Federal officer or employee who takes adverse action against an officer or employee because of such communications.
  5. PAGE 605: Certain provisions (such as Division F, section 7064; and Division G, section 418) prohibit the use of funds to deny an Inspector General access to agency records or documents.  I will construe these, and similar provisions, consistent with my authority to control the dissemination of information protected by executive privilege.
  6. PAGE 276: Certain provisions prohibit the use of funds to recommend certain legislation to the Congress (Division B, section 715), or require recommendations of certain legislation to the Congress (Division A, section 537).  Because the Constitution gives the President the authority to recommend “such Measures as he shall judge necessary and expedient”, my Administration will continue the practice of treating provisions like these as advisory and non-binding.
  7. PAGE 124: Numerous provisions purport, in certain circumstances, to condition the authority of officers to spend or reallocate funds on the approval of congressional committees (Division B, sections 702, 706, and 716(a), (b); Division E, sections 403 and 409; Division G, sections 188, 405, and 406).  These are impermissible forms of congressional aggrandizement in the execution of the laws other than by the enactment of statutes.  My Administration will make appropriate efforts to notify the relevant committees before taking the specified actions and will accord the recommendations of such committees all appropriate and serious consideration, but it will not treat spending decisions as dependent on the approval of congressional committees.