    [Public Papers of the Presidents of the United States: George W. Bush (2006, Book II)]
    [December 20, 2006]
    [Pages 2219-2220]
    [From the U.S. Government Publishing Office www.gpo.gov]

    Statement on Signing the Postal Accountability and Enhancement Act
    December 20, 2006

        Today I have signed into law H.R. 6407, the ``Postal Accountability
    and Enhancement Act.'' The Act is designed to improve the quality of
    postal service for Americans and to strengthen the free market for
    delivery services.
        The executive branch shall construe sections 3662 and 3663 of title
    39, United States Code, as enacted by section 205 of the Act, not to
    authorize an officer or agency within the executive branch to institute
    proceedings in Federal court against the Postal Regulatory Commission,
    which is another part of the executive branch, as is consistent with the
    constitutional authority of the President to supervise the unitary
    executive branch and the constitutional limitation of Federal courts to
    deciding cases or controversies.
        The executive branch shall construe subsection 409(h) of title 39,
    as enacted by section 404 of the Act, which relates to legal
    representation for an element of the executive branch, in a manner
    consistent with the constitutional authority of the President to
    supervise the unitary executive branch and to take care that the laws be
    faithfully executed.
        The executive branch shall construe section 407 of title 39, as
    enacted by section 405 of the Act, in a manner consistent with the
    President's constitutional authority to conduct the Nation's foreign
    affairs, including the authority to determine which officers shall
    negotiate for the United States and toward what objectives, to make
    treaties by and with the advice and consent of the Senate, and to
    supervise the unitary executive branch.
        The executive branch shall construe subsections 202(a) and 502(a) of
    title 39, as enacted by subsections 501(a) and 601(a) of the Act, which
    purport to limit the qualifications of the pool of persons from whom the
    President may select appointees in a manner that rules out a large
    portion of those persons best qualified by experience and knowledge to
    fill the positions, in a manner consistent with the Appointments Clause
    of the Constitution. The executive branch shall also construe as
    advisory the purported deadline in subsection 605(c) for the making of
    an appointment, as is consistent with the Appointments Clause.
        The executive branch shall construe subsection 404(c) of title 39,
    as enacted by subsection 1010(e) of the Act, which provides for opening
    of an item of a class of mail otherwise sealed against inspection, in a
    manner consistent, to the maximum extent permissible, with the need to
    conduct searches in exigent circumstances, such as to protect human life
    and safety against hazardous materials, and the need

    [[Page 2220]]

    for physical searches specifically authorized by law for foreign
    intelligence collection.
        The executive branch shall construe provisions of the Act that call
    for executive branch officials to submit legislative recommendations to
    the Congress in a manner consistent with the constitutional authority of
    the President to supervise the unitary executive branch and to recommend
    for congressional consideration such measures as the President shall
    judge necessary and expedient. Such provisions include subsection 504(d)
    and section 2009 of title 39, as amended by section 603 of the Act, and
    sections 701(a)(2), 702(b), 703(b), 708(b), and 709(b)(2) of the Act.

                                                              George W. Bush

     The White House,

     December 20, 2006.

    Note: H.R. 6407, approved December 20, was assigned Public Law No. 109-
    435.