[Public Papers of the Presidents of the United States: William J. Clinton (1994, Book I)]
[July 5, 1994]
[Pages 1198-1199]
[From the U.S. Government Publishing Office www.gpo.gov]



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 mem-


[[Page 1199]]

bers 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.

Note: H.R. 1758, approved July 5, was assigned Public Law No. 103-272.