[Weekly Compilation of Presidential Documents Volume 42, Number 51 (Monday, December 25, 2006)]
[Pages 2196-2197]
[Online from the Government Publishing Office, www.gpo.gov]

<R04>
Statement on Signing the Postal Accountability and Enhancement Act

December 20, 2006

    Today I have signed into law H.R. 6407, the ``Postal Accountability 
and Enhancement Act.'' The Act is designed to improve the quality of 
postal service for Americans and to strengthen the free market for 
delivery services.
    The executive branch shall construe sections 3662 and 3663 of title 
39, United States Code, as enacted by section 205 of the Act, not to 
authorize an officer or agency within the executive branch to institute 
proceedings in Federal court against the Postal Regulatory Commission, 
which is another part of the executive branch, as is consistent with the 
constitutional authority of the President to supervise the unitary 
executive branch and the constitutional limitation of Federal courts to 
deciding cases or controversies.
    The executive branch shall construe subsection 409(h) of title 39, 
as enacted by section 404 of the Act, which relates to legal 
representation for an element of the executive branch, in a manner 
consistent with the constitutional authority of the President to 
supervise the unitary executive branch and to take care that the laws be 
faithfully executed.
    The executive branch shall construe section 407 of title 39, as 
enacted by section 405 of the Act, in a manner consistent with the 
President's constitutional authority to conduct the Nation's foreign 
affairs, including the authority to determine which officers shall 
negotiate for the United States and toward what objectives, to make 
treaties by and with the advice and consent of the Senate, and to 
supervise the unitary executive branch.
    The executive branch shall construe subsections 202(a) and 502(a) of 
title 39, as enacted by subsections 501(a) and 601(a) of the Act, which 
purport to limit the qualifications of the pool of persons from whom the 
President may select appointees in a manner that rules out a large 
portion of those persons best qualified by experience and knowledge to 
fill the positions, in a manner consistent with the Appointments Clause 
of the Constitution. The executive branch shall also construe as 
advisory the purported deadline in subsection 605(c) for the making of 
an appointment, as is consistent with the Appointments Clause.
    The executive branch shall construe subsection 404(c) of title 39, 
as enacted by subsection 1010(e) of the Act, which provides for opening 
of an item of a class of mail otherwise sealed against inspection, in a 
manner consistent, to the maximum extent permissible, with the need to 
conduct searches in exigent circumstances, such as to protect human life 
and safety against hazardous materials, and the need for physical 
searches specifically authorized by law for foreign intelligence 
collection.
    The executive branch shall construe provisions of the Act that call 
for executive branch officials to submit legislative recommendations to 
the Congress in a manner consistent with the constitutional authority of 
the President to supervise the unitary executive branch and to recommend 
for congressional consideration such measures as the President shall 
judge necessary and expedient. Such provisions include subsection 504(d) 
and section 2009 of title 39, as amended by section

[[Page 2197]]

603 of the Act, and sections 701(a)(2), 702(b), 703(b), 708(b), and 
709(b)(2) of the Act.
                                                George W. Bush
 The White House,
 December 20, 2006.

Note: H.R. 6407, approved December 20, was assigned Public Law No. 109-
435.