[Weekly Compilation of Presidential Documents Volume 42, Number 51 (Monday, December 25, 2006)]
[Page 2179]
[Online from the Government Publishing Office, www.gpo.gov]

<R04>
Statement on Signing the
Henry J. Hyde United States-India Peaceful Atomic Energy Cooperation Act 
of 2006

December 18, 2006

    Today I have signed into law H.R. 5682, an Act containing the 
``Henry J. Hyde United States-India Peaceful Atomic Energy Cooperation 
Act of 2006.'' The Act will strengthen the strategic relationship 
between the United States and India and deliver valuable benefits to 
both nations.

    Section 103 of the Act purports to establish U.S. policy with 
respect to various international affairs matters. My approval of the Act 
does not constitute my adoption of the statements of policy as U.S. 
foreign policy. Given the Constitution's commitment to the presidency of 
the authority to conduct the Nation's foreign affairs, the executive 
branch shall construe such policy statements as advisory. Also, if 
section 104(d)(2) of the Act were construed to prohibit the executive 
branch from transferring or approving the transfer of an item to India 
contrary to Nuclear Suppliers Group transfer guidelines that may be in 
effect at the time of such future transfer, a serious question would 
exist as to whether the provision unconstitutionally delegated 
legislative power to an international body. In order to avoid this 
constitutional question, the executive branch shall construe section 
104(d)(2) as advisory. The executive branch will give sections 103 and 
104(d)(2) the due weight that comity between the legislative and 
executive branches should require, to the extent consistent with U.S. 
foreign policy.

    The executive branch shall construe provisions of the Act that 
mandate, regulate, or prohibit submission of information to the 
Congress, an international organization, or the public, such as sections 
104, 109, 261, 271, 272, 273, 274, and 275, in a manner consistent with 
the President's constitutional authority to protect and control 
information that could impair foreign relations, national security, the 
deliberative processes of the Executive, or the performance of the 
Executive's constitutional duties.
                                                George W. Bush
 The White House,
 December 18, 2006.

Note: H.R. 5682, approved December 18, was assigned Public Law No. 109-
401. An original was not available for verification of the content of 
this statement.