    [Public Papers of the Presidents of the United States: George W. Bush (2006, Book II)]
    [December 21, 2006]
    [Pages 2221-2222]
    [From the U.S. Government Publishing Office www.gpo.gov]

    Statement on Signing the Palestinian Anti-Terrorism Act of 2006
    December 21, 2006

        Today I have signed into law S. 2370, the ``Palestinian Anti-
    Terrorism Act of 2006.'' The Act is designed to promote the development
    of democratic institutions in areas under the administrative control of
    the Palestinian Authority.
        Section 2 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. The executive branch
    will give section 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 section 3(b) of the Act, which
    relates to access to certain information by a legislative agent, and
    section 11 of the Act, which relates to a report on certain assistance
    by foreign countries, international organizations, or multilateral
    development banks, 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, or the performance of the Executive's constitutional duties.
        Section 620K(e)(2)(A) and 620L(b)(4)(B)(i) of the Foreign Assistance
    Act of 1961, as enacted by sections 2(b)(2) and 3(a) of the Act, purport
    to require the President to consult with committees of the Congress
    prior to exercising certain authority granted to the President by
    sections 620K and 620L. Because the constitutional authority of the
    President to supervise the unitary executive branch and take care that
    the laws be faithfully executed cannot be made by law subject to a
    requirement to consult with congressional committees or to involve them
    in executive decisionmaking, the executive branch shall construe the
    references in the provisions to consulting to require only notification.
        The executive branch shall construe section 7 of the Act, which
    relates to establishing or maintaining certain facilities or
    establishments within the jurisdiction of the United States, in a manner
    consistent with the President's constitutional authority to conduct the
    Nation's foreign affairs, including the authority to receive ambassadors
    and other public ministers.
        The executive branch shall construe as advisory the provisions of
    the Act, including section 9, that purport to direct or burden the
    conduct of negotiations by the executive branch with entities abroad.
    Such provisions, if construed as mandatory rather than advisory, would
    impermissibly interfere with the President's constitutional authorities
    to conduct the Nation's foreign affairs, including protection of
    American citizens and American military and other Government personnel
    abroad, and to supervise the unitary executive branch.

                                                              George W. Bush

    The White House,

    December 21, 2006.

    Note: S. 2370, approved December 21, was assigned Public Law No. 109-
    446. An original was not available for verification of the content of
    this statement.

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