[Weekly Compilation of Presidential Documents Volume 40, Number 15 (Monday, April 12, 2004)]
[Pages 550-551]
[Online from the Government Publishing Office, www.gpo.gov]

<R04>
Statement on Signing Legislation on Amendments to the Mexico-United 
States Agreement on the Border Environment Cooperation Commission and 
the North American Development Bank

April 5, 2004

    Today, I have signed into law H.R. 254, ``To authorize the President 
of the United States to agree to certain amendments to the Agreement 
between the Government of the United States of America and the 
Government of the United Mexican States concerning the establishment of 
a Border Environment Cooperation Commission and a North American 
Development Bank, and for other purposes.'' The Act is intended to 
implement an agreement between the United States and Mexico to 
accelerate the delivery of environmental infrastructure projects on the 
border by improving the operations of the Border Environment Cooperation 
Commission and the North American Development Bank.
    Section 546 of Public Law 103-182, as added by section 1 of the Act, 
purports to direct the President to instruct United States 
representatives on the Board of Directors of the North American 
Development Bank to take a particular position with respect to certain 
grant proposals. Under the Constitution, the President alone is charged 
with developing the position of the United States in international fora. 
The executive branch will accordingly interpret this provision as a 
nonbinding recommendation from the Congress.
    Sections 2(5) and 2(6) of the Act purport to require the annual 
report of the Secretary of the Treasury to include a description of 
discussions between the United States and Mexican governments. In order 
to avoid intrusion into the President's negotiating authority and 
ability to maintain the confidentiality of diplomatic negotiations, the 
executive branch will not interpret this provision

[[Page 551]]

to require the disclosure of either the contents of diplomatic 
communications or specific plans for particular negotiations in the 
future.
                                                George W. Bush
 The White House,
 April 5, 2004.

 Note: H.R. 254, approved April 5, was assigned Public Law No. 108-215.