[Weekly Compilation of Presidential Documents Volume 42, Number 41 (Monday, October 16, 2006)]
[Pages 1817-1818]
[Online from the Government Publishing Office, www.gpo.gov]

<R04>
Statement on Signing the SAFE Port Act

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 
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

[[Page 1818]]

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: At the time of publication, H.R. 4954, approved October 13, had 
not been received by the Office of the Federal Register in time for 
assignment of a Public Law number.