Statement on Signing Transportation Legislation

Statement on Signing Transportation Legislation

July 5, 1994

Today I have signed into law H.R. 1758, an act to revise, codify,
and enact certain general and permanent laws related to transportation.
Section 31134 directs the Secretary of Transportation to establish
the Commercial Motor Vehicle Safety Regulatory Review Panel. The
legislation grants panelists a position within the Federal Government
that is endowed with tenure and continuing duties as well as significant
authority, including the authority to compel the Secretary of
Transportation to conduct a regulatory proceeding and to prescribe final
regulations. For this reason, panelists are officers of the United
States. Fourteen of the fifteen members of the panel are to be appointed
from lists submitted by two committees of the Congress. The Constitution
prohibits the Congress from sharing in the power to appoint officers of
the United States other than through the Senate's confirmation role. As
such, no statute may require an appointment to be made from a list
submitted by a Member, committee, or other agent of the Congress. I
therefore do not interpret section 31134(c)(2) as binding and direct the
Secretary of Transportation to regard any lists submitted pursuant to
section 31134(c)(2) as advisory.
I also note that section 42104(c) purports to enact a legislative
veto with respect to specific regulations issued by the Secretary of
Labor pertaining to air carrier employees. The Supreme Court has ruled
definitively that legislative vetoes are unconstitutional. Under the
Court's precedents, the legislative veto provision contained in section
42104(c) is severable from H.R. 1758. I therefore instruct the Secretary
of Labor to disregard section 42104(c).
William J. Clinton
The White House,
July 5, 1994.