    [Public Papers of the Presidents of the United States: George W. Bush (2002, Book II)]
    [November 25, 2002]
    [Page 2132]
    [From the U.S. Government Publishing Office www.gpo.gov]

    [[Page 2132]]

    Statement on Signing the Maritime Transportation Security Act of 2002
    November 25, 2002

        Today I have signed into law S. 1214, the ``Maritime Transportation
    Security Act of 2002.'' This Act will strengthen security at our
    Nation's seaports by requiring comprehensive security plans for U.S.
    ports and mandating improved identification and screening of seaport
    personnel.
        Certain provisions of the Act, including sections 102, 103(b),
    110(c)(4), and 112(4), purport to require an executive branch official
    to submit recommendations to the Congress. The executive branch shall
    construe such provisions in a manner consistent with the President's
    constitutional authority to supervise the unitary executive branch.
    Moreover, to the extent such provisions of the Act would require
    submission of legislative recommendations, they would impermissibly
    impinge upon the President's constitutional authority to submit only
    those legislative recommendations that he judges to be necessary and
    expedient. Accordingly, the executive branch shall construe such
    provisions as requiring submission of legislative recommendations only
    where the President judges them necessary and expedient.
        Section 102 of the Act adds a new section 70109 to title 46 of the
    United States Code. This provision purports to require one of my
    subordinates to notify foreign officials of certain findings and
    recommend antiterrorism measures to them. The constitutional authority
    of the President over foreign affairs necessarily entails discretion
    over these matters, and so the executive branch shall interpret this
    provision as precatory.
        Section 102 of the Act also adds a new section 70112 to title 46.
    Section 70112(a)(1)(B) purports to authorize an advisory committee in
    the executive branch to make available to the Congress recommendations
    that the committee makes to the Secretary of the Department in which the
    Coast Guard is operating. The executive branch shall construe this
    provision in a manner consistent with the President's constitutional
    authority to supervise the unitary executive branch and to protect the
    deliberative processes of the Executive.

                                                              George W. Bush

     The White House,

     November 25, 2002.

    Note: S. 1214, approved November 25, was assigned Public Law No. 107-
    295.