    [Public Papers of the Presidents of the United States: George W. Bush (2006, Book II)]
    [December 18, 2006]
    [Pages 2198-2199]
    [From the U.S. Government Publishing Office www.gpo.gov]

    Statement on Signing the Henry J. Hyde United
    States-India Peaceful Atomic Energy Cooperation Act of 2006
    December 18, 2006

        Today I have signed into law H.R. 5682, an Act containing the
    ``Henry J. Hyde United States-India Peaceful Atomic Energy Cooperation
    Act of 2006.'' The Act will strengthen the strategic relationship
    between the United States and India and deliver valuable benefits to
    both nations.
        Section 103 of the Act purports to establish U.S. policy with
    respect to various international affairs matters. My approval of the Act
    does not constitute my adoption of the statements of policy as U.S.
    foreign policy. Given the Constitution's commitment to the presidency of
    the authority to conduct the Nation's foreign affairs, the executive
    branch shall construe such policy statements as advisory. Also, if
    section 104(d)(2) of the Act were construed to prohibit the executive
    branch from transferring or approving the transfer of an item to India
    contrary to Nuclear Suppliers Group transfer guidelines that may be in
    effect at the time of such future transfer, a serious question would
    exist as to whether the

    [[Page 2199]]

    provision unconstitutionally delegated legislative power to an
    international body. In order to avoid this constitutional question, the
    executive branch shall construe section 104(d)(2) as advisory. The
    executive branch will give sections 103 and 104(d)(2) the due weight
    that comity between the legislative and executive branches should
    require, to the extent consistent with U.S. foreign policy.
        The executive branch shall construe provisions of the Act that
    mandate, regulate, or prohibit submission of information to the
    Congress, an international organization, or the public, such as sections
    104, 109, 261, 271, 272, 273, 274, and 275, in a manner consistent with
    the President's constitutional authority to protect and control
    information that could impair foreign relations, national security, the
    deliberative processes of the Executive, or the performance of the
    Executive's constitutional duties.

                                                              George W. Bush

     The White House,

     December 18, 2006.

    Note: H.R. 5682, approved December 18, was assigned Public Law No. 109-
    401. An original was not available for verification of the content of
    this statement.