Statement on Signing the Frank LoBiondo Coast Guard Authorization Act of 2018
Issued 2018-12-04 by Donald J. Trump
Plain-English Overview
AI-generated summary explaining what this action does, who it affects, and why it matters
President Trump signed the Frank LoBiondo Coast Guard Authorization Act of 2018, a law that provides funding for the Coast Guard and the Federal Maritime Commission through 2019. The law also renews programs for ocean mapping and navigation services through 2023 and creates uniform standards for managing waste discharged from vessels into waterways.
While signing the law, the President raised concerns about several provisions he believes may conflict with his constitutional powers. One section requires the Coast Guard to notify Congress and wait 18 months before closing or reducing staff at Coast Guard air facilities. The President stated this requirement only applies when advance notification is feasible and doesn't interfere with his authority as Commander in Chief. He also objected to provisions that would require his officials to recommend specific legislation to Congress, saying the Constitution gives him alone the discretion to decide what measures to recommend.
The President also addressed a section giving the Federal Maritime Commission authority regarding antitrust laws, clarifying that the Department of Justice should remain the lead agency for interpreting these laws. Despite these constitutional concerns, the President signed the bill into law.
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Constitutional Analysis
How this action fits (or doesn't) within Article II authority and existing law
This signing statement ("Statement on Signing the Frank LoBiondo Coast Guard Authorization Act of 2018") was issued alongside a bill the President signed into law. Signing statements allow presidents to express constitutional or policy objections to specific provisions of legislation they have just signed. Their legal weight and constitutional propriety have been contested since the practice became common in the 1980s.
Critics — including the American Bar Association — argue that using signing statements to announce an intent to not enforce portions of a law effectively creates a line-item veto, which the Supreme Court ruled unconstitutional in Clinton v. City of New York (1998). Defenders argue presidents have a duty to identify constitutional concerns and that signing statements are a legitimate form of executive interpretation. The constitutional propriety depends on whether this specific statement announces non-enforcement or merely records the President's views.
Official Summary
Administration of Donald J. Trump, 2018 Statement on Signing the Frank LoBiondo Coast Guard Authorization Act of 2018 December 4, 2018 Today, I have signed into law S. 140, the "Frank LoBiondo Coast Guard Authorization Act of 2018" (the "Act"). The Act authorizes appropriations for the Coast Guard and for the Federal Maritime Commission through Fiscal Year 2019, reauthorizes the Department of Commerce's hydrographic services program administered by the National Oceanic and Atmospheric Administration through Fiscal Year 2023, and provides for the establishment of uniform standards for the management of vessel discharge. Several provisions of this Act, however, raise constitutional concerns. One provision, section 319, purports to require the Secretary of the respective department in which the Coast Guard is operating to notify the Congress and then wait 18 months before closing, ceasing operations, or significantly reducing personnel at a Coast Guard air facility. I reiterate the longstanding understanding of the executive branch that these types of provisions encompass only actions for which such advance notification is feasible and consistent with the President's exclusive constitutional authorities as Commander in Chief. Two provisions, sections 317 and 508, purport