    [Public Papers of the Presidents of the United States: George W. Bush (2004, Book I)]
    [April 5, 2004]
    [Page 533]
    [From the U.S. Government Publishing Office www.gpo.gov]

    Statement on Signing Legislation on Amendments to the Mexico-United
    States Agreement on the Border Environment Cooperation Commission and a
    North American Development Bank
    April 5, 2004

        Today, I have signed into law H.R. 254, ``To authorize the President
    of the United States to agree to certain amendments to the Agreement
    between the Government of the United States of America and the
    Government of the United Mexican States concerning the establishment of
    a Border Environment Cooperation Commission and a North American
    Development Bank, and for other purposes.'' The Act is intended to
    implement an agreement between the United States and Mexico to
    accelerate the delivery of environmental infrastructure projects on the
    border by improving the operations of the Border Environment Cooperation
    Commission and the North American Development Bank.
        Section 546 of Public Law 103-182, as added by section 1 of the Act,
    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. Under the Constitution, the President alone is charged
    with developing the position of the United States in international fora.
    The executive branch will accordingly interpret this provision as a
    nonbinding recommendation from the Congress.
        Sections 2(5) and 2(6) of the Act purport to require the annual
    report of the Secretary of the Treasury to include a description of
    discussions between the United States and Mexican governments. In order
    to avoid intrusion into the President's negotiating authority and
    ability to maintain the confidentiality of diplomatic negotiations, the
    executive branch will not interpret this provision to require the
    disclosure of either the contents of diplomatic communications or
    specific plans for particular negotiations in the future.

                                                              George W. Bush

     The White House,

     April 5, 2004.

     Note: H.R. 254, approved April 5, was assigned Public Law No. 108-215.