    [Public Papers of the Presidents of the United States: George W. Bush (2006, Book II)]
    [October 13, 2006]
    [Pages 1849-1850]
    [From the U.S. Government Publishing Office www.gpo.gov]

    Statement on Signing the Security and Accountability For Every Port Act
    of 2006
    October 13, 2006

        Today, I have signed into law H.R. 4954, the ``Security and
    Accountability For Every Port Act of 2006,'' or the ``SAFE Port Act''
    (the ``Act''). The Act strengthens the Government's ability to protect
    the Nation's seaports and maritime commerce from attack by terrorists.
        The executive branch shall construe provisions of the Act that
    purport to require executive branch officials to submit recommendations
    for legislation to the Congress, including section 201, in a manner
    consistent with the President's constitutional authority to recommend
    for the consideration of the Congress such measures as the President
    judges necessary and expedient and to supervise the unitary executive
    branch.
        The executive branch shall construe provisions of the Act, including
    subsection 401(c) and subsection 2(d) of the Act of March 3, 1927, as
    amended by section 402 of the Act, that purport to make consultation
    with congressional committees a precondition to execution of the law, to
    call for but not mandate such consultation, as is consistent with the
    Constitution's provisions concerning the separate powers of the Congress
    to legislate and the President to execute the laws.
        The executive branch shall construe subsection 301(h)(2) of the
    Customs Procedural Reform and Simplification Act of 1978, as amended by
    section 403 of the Act, which purports to give a subordinate official
    within the executive branch authority to prevent an action by the
    superior official to whom the subordinate official reports, in a manner
    consistent with the President's constitutional authority to supervise
    the unitary executive branch.
        The executive branch shall construe section 709 of the Act, which
    purports to direct the President to perform the President's duties
    ``acting through'' a particular officer, in a manner consistent with the

    [[Page 1850]]

    constitutional authority of the President to supervise the unitary
    executive branch.
        The executive branch shall construe as advisory provisions of the
    Act that purport to direct or burden the conduct of negotiations by the
    executive branch with foreign governments, international organizations,
    or other entities abroad, that purport to direct executive branch
    officials to negotiate with foreign governments or in international
    organizations to achieve specified foreign policy objectives, or that
    purport to require the executive branch to disclose deliberations
    between the United States and foreign countries. Such provisions include
    subsections 205(d) and (i) and 803(b) of the Act; subsection 431(b) of
    the Homeland Security Act of 2002, as amended by section 301 of the Act;
    and subsection 629(h) of the Tariff Act of 1930, as amended by section
    404 of the Act. 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,
    participate in international negotiations, and supervise the unitary
    executive branch.

                                                              George W. Bush

    The White House,

    October 13, 2006.

    Note: H.R. 4954, approved October 13, was assigned Public Law No. 109-
    347.