[Public Papers of the Presidents of the United States: George W. Bush (2004, Book III)]
[December 23, 2004]
[Pages 3138-3139]
[From the U.S. Government Publishing Office www.gpo.gov]



Statement on Signing the Comprehensive Peace in Sudan Act of 2004
December 23, 2004

    Today, I have signed into law S. 2781, the ``Comprehensive Peace in 
Sudan Act of 2004'' (the ``Act''). The Act is intended to help resolve 
conflict, reduce human suffering, and encourage freedom and democracy.
    Section 6 of the Act includes provisions that, if construed as 
mandatory, would impermissibly 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. Section 6(a), for example, appears to require 
the President to implement the measures set forth in section 6(b)(2) of 
the earlier Sudan Peace Act (Public Law 107-245), which purports to 
direct or burden the conduct of negotiations by the executive branch 
with foreign governments, international financial institutions, and the 
United Nations Security Council. When necessary to avoid such 
unconstitutional interference, the executive branch shall construe the 
provisions of section 6 as advisory.
    The executive branch shall construe provisions in the Act that 
mandate submission of information to the Congress, or the public, in a 
manner consistent with the President's constitutional authority to 
supervise the unitary executive branch and 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. Such provisions include sections 8 and 12 of the 
Sudan Peace Act as amended by section 5 of the Act.
    Provisions of the Act define a particular entity as the ``Government 
of Sudan'' for purposes of implementing the Act and section 12 of the 
Sudan Peace Act (Public Law 107-245). The executive branch shall 
construe the provisions in a manner consistent with the President's 
constitutional authority for the United States to recognize foreign 
states and to determine what constitutes the governments of such foreign 
states.

                                                          George W. Bush

 The White House,

 December 23, 2004.

[[Page 3139]]

Note: S. 2781, approved December 23, was assigned Public Law No. 108-
497.