    [Weekly Compilation of Presidential Documents Volume 40, Number 52 (Monday, December 27, 2004)]
    [Pages 3013-3014]
    [Online from the Government Publishing Office, www.gpo.gov]

    <R04>
    Statement on Signing the Comprehensive Peace in Sudan Act of 2004

    December 23, 2004

        Today, I have signed into law S. 2781, the ``Comprehensive Peace in
    Sudan Act of 2004'' (the ``Act''). The Act is intended to help resolve
    conflict, reduce human suffering, and encourage freedom and democracy.
        Section 6 of the Act includes provisions that, if construed as
    mandatory, would impermissibly interfere with the President's exercise
    of his constitutional authorities to conduct the Nation's foreign
    affairs, participate in international negotiations, and supervise the
    unitary executive branch. Section 6(a), for example, appears to require
    the President to implement the measures set forth in section 6(b)(2) of
    the earlier Sudan Peace Act (Public Law 107-245), which purports to
    direct or burden the conduct of negotiations by the executive branch
    with foreign governments, international financial institutions, and the
    United Nations Security Council. When necessary to avoid such
    unconstitutional interference, the executive branch shall construe the
    provisions of section 6 as advisory.
        The executive branch shall construe provisions in the Act that
    mandate submission of

    [[Page 3014]]

    information to the Congress, or the public, in a manner consistent with
    the President's constitutional authority to supervise the unitary
    executive branch and 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.
    Such provisions include sections 8 and 12 of the Sudan Peace Act as
    amended by section 5 of the Act.
        Provisions of the Act define a particular entity as the ``Government
    of Sudan'' for purposes of implementing the Act and section 12 of the
    Sudan Peace Act (Public Law 107-245). The executive branch shall
    construe the provisions in a manner consistent with the President's
    constitutional authority for the United States to recognize foreign
    states and to determine what constitutes the governments of such foreign
    states.
                                                    George W. Bush
     The White House,
     December 23, 2004.

    Note: At the time of publication, S. 2781, approved December 23, had not
    been received by the Office of the Federal Register for assignment of a
    Public Law number. An original was not available for verification of the
    content of this statement.