[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.