Get your Presidential SIgning Statement on the Ports Security Bill Here:

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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

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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.



http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=2006_presidential_documents&docid=pd16oc06_txt-24