    [Public Papers of the Presidents of the United States: George W. Bush (2002, Book I)]
    [May 14, 2002]
    [Pages 795-796]
    [From the U.S. Government Publishing Office www.gpo.gov]

    Statement on Signing the Enhanced Border Security and Visa Entry Reform
    Act of 2002
    May 14, 2002

        I have today signed into law H.R. 3525, the ``Enhanced Border
    Security and Visa Entry Reform Act of 2002.'' The legislation
    strengthens the ability of the U.S. Government to control the country's
    borders, a top priority of my Administration. The Act will improve our
    ability to screen aliens seeking to enter our country, facilitate the
    sharing of border-related information among U.S. agencies, and improve
    efforts to keep track of foreign students and foreign exchange visitors
    in the United States.
        Section 2(4)(G) of the Act defines as a Federal law enforcement
    agency the ``Coastal Security Service.'' Because no such agency exists,
    and the principal agency with coastal security functions is the U.S.
    Coast Guard, the executive branch shall construe this provision as
    referring to the Coast Guard.
        Several sections of the Act raise constitutional concerns.
        Sections 2(6), 201(c)(2), and 202(a)(3) purport to require the
    President to act through a specified assistant to the President or in
    coordination or consultation with specified officers of the United
    States, agencies, or congressional committees. The President's
    constitutional authority to supervise the unitary executive branch and
    take care that the laws be faithfully executed cannot be made by law
    subject to requirements to exercise those constitutional authorities
    through a particular member of the President's staff or in coordination
    or consultation with specified officers or elements of the Government.
    Accordingly, the executive branch shall treat the purported requirements
    as precatory.
        Section 203 requires the President, in appointing the nine members
    of the Commission on Interoperable Data Sharing, to appoint eight of
    them from a list of nominees provided by the congressional leadership
    acting jointly. Laws that provide for appointment in the Government of
    individuals to exercise significant governmental authority must provide
    for such appointment by one of the means specified in the Appointments
    Clause of the Constitution, which includes appointment by the President
    with Senate consent or by the President alone, but does not include
    appointment by the President from a pool of persons selected

    [[Page 796]]

    by the congressional leadership. Accordingly, to give effect to section
    203 insofar as is constitutionally permissible, the executive branch
    shall construe the Commission's functions as advisory only. Also, the
    executive branch shall construe the Commission's responsibility to make
    recommendations to the Congress in a manner consistent with the
    President's constitutional authority to submit for congressional
    consideration such measures as the President shall judge necessary and
    expedient.
        The executive branch shall construe section 404(a), relating to
    U.S.-Canadian joint border inspection operations under an international
    agreement, in a manner consistent with the President's constitutional
    authority to conduct the foreign affairs of the Nation and to supervise
    the unitary executive branch.

                                                              George W. Bush

     The White House,

     May 14, 2002.

    Note: H.R. 3525, approved May 14, was assigned Public Law No. 107-173.