[Weekly Compilation of Presidential Documents Volume 42, Number 51 (Monday, December 25, 2006)]
[Pages 2199-2200]
[Online from the Government Publishing Office, www.gpo.gov]

<R04>
Statement on Signing the Palestinian Anti-Terrorism Act of 2006

December 21, 2006

    Today I have signed into law S. 2370, the ``Palestinian Anti-
Terrorism Act of 2006.'' The Act is designed to promote the development 
of democratic institutions in areas under the administrative control of 
the Palestinian Authority.
    Section 2 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. The executive branch 
will give section 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 section 3(b) of the Act, which 
relates to access to certain information by a legislative agent, and 
section 11 of the Act, which relates to a report on certain assistance 
by foreign countries, international organizations, or multilateral 
development banks, in a manner consistent with the President's 
constitutional authority 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.
    Section 620K(e)(2)(A) and 620L(b)(4)(B)(i) of the Foreign Assistance 
Act of 1961, as enacted by sections 2(b)(2) and 3(a) of the Act, purport 
to require the President to consult with committees of the Congress 
prior to exercising certain authority

[[Page 2200]]

granted to the President by sections 620K and 620L. Because the 
constitutional authority of the President to supervise the unitary 
executive branch and take care that the laws be faithfully executed 
cannot be made by law subject to a requirement to consult with 
congressional committees or to involve them in executive decisionmaking, 
the executive branch shall construe the references in the provisions to 
consulting to require only notification.
    The executive branch shall construe section 7 of the Act, which 
relates to establishing or maintaining certain facilities or 
establishments within the jurisdiction of the United States, in a manner 
consistent with the President's constitutional authority to conduct the 
Nation's foreign affairs, including the authority to receive ambassadors 
and other public ministers.
    The executive branch shall construe as advisory the provisions of 
the Act, including section 9, that purport to direct or burden the 
conduct of negotiations by the executive branch with entities abroad. 
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, including protection of 
American citizens and American military and other Government personnel 
abroad, and to supervise the unitary executive branch.
                                                George W. Bush
The White House,
December 21, 2006.

Note: S. 2370, approved December 21, was assigned Public Law No. 109-
446. An original was not available for verification of the content of 
this statement.