    [Public Papers of the Presidents of the United States: George W. Bush (2003, Book II)]
    [December 12, 2003]
    [Pages 1716-1717]
    [From the U.S. Government Publishing Office www.gpo.gov]

    Statement on Signing the Vision 100--Century of Aviation Reauthorization
    Act
    December 12, 2003

        Today, I have signed into law H.R. 2115, the ``Vision 100--Century
    of Aviation Reauthorization Act.'' The Act is designed to strengthen
    America's aviation sector, provide needed authority to the Federal
    Aviation Administration (FAA), and enhance the safety of the traveling
    public.
        Subtitle A of title II of the Act amends section 106 of title 49 of
    the United States Code to abolish the Air Traffic Services Subcommittee
    of the Federal Aviation Management Advisory Council and creates,
    separate from the Council, an Air Traffic Services Committee (ATSC).
    Section 106 as amended vests in the ATSC substantial governmental
    authority, including the power to approve the FAA's strategic plan for
    the air traffic control system, certain large procurements, appointment
    and pay of the FAA Chief Operating Officer, FAA major reorganizations,
    and the FAA cost accounting and financial management structure. Under
    section 106(p)(6)(C), as amended, the members of the abolished Air
    Traffic Services Subcommittee of the Council automatically become the
    members of the ATSC, but only to ``serve in an advisory capacity,'' with
    the ATSC beginning to exercise non-advisory authority when the ATSC
    members have been appointed by the President by and with the advice and
    consent of the Senate. Accordingly, in light of section 106(p)(6)(C),
    the executive branch shall construe the provisions of section 106(p) and
    106(r) that refer to approval or other non-advisory functions of the
    ATSC to require, from the date of enactment of the Act through the date
    on which the last Senate-confirmed Presidential appointment is made to
    the ATSC, only notice to the ATSC and an opportunity for the ATSC to
    express its views.
        Section 106(p)(7)(B)(iii) of title 49, as enacted by section 202 of
    the bill, purports to limit the qualifications of the pool of persons
    from whom the President may select ATSC members in a manner that rules
    out a large portion of those persons best qualified by experience and
    knowledge to fill the office. Congressional participation in such
    appointments is limited by the Appointments Clause of the Constitution
    to the Senate's provision of advice and consent with respect to
    Presidential nominees. The executive branch shall construe the
    provisions concerning qualifications in section 106(p)(7)(B)(iii) as
    advisory, as is consistent with the Appointments Clause.
        Section 47171 of title 49, as enacted by section 304(a) of the Act,
    purports to mandate the process for cooperation among agencies in the
    executive branch in conducting environmental reviews for certain airport
    projects. In particular, section 47171(i) purports to require one part
    of the executive branch to report to committees of Congress when a
    second part of the executive branch has not met the first part's
    deadlines for action on certain environmental reviews, and then requires
    the second part to explain to the committees why it did not meet the
    deadline and what actions it intends to take to complete the relevant
    matter. The executive branch shall implement section 47171 in a manner
    and to the extent consistent with the President's constitutional
    authority to supervise the unitary executive branch.

    [[Page 1717]]

        The executive branch shall construe and implement section 323(b)(2)
    of the Act, relating to certain disputes, in a manner consistent with
    the constitutional authority of the President to supervise the unitary
    executive branch.
        The executive branch shall construe the provisions of section 411(i)
    of the Act, concerning the provision of executive branch information and
    records to the National Commission on Small Community Air Service, in a
    manner consistent with the President's constitutional authority to
    withhold information the disclosure of which could impair the foreign
    relations, the national security, the deliberative processes of the
    Executive, or the performance of the Executive's constitutional duties.
        The executive branch shall construe and implement section 46111 of
    title 49, as enacted by section 601(a) of the Act, relating to access to
    and use of classified information, in a manner consistent with the
    President's constitutional authority to classify and control access to
    information bearing on the national security.
        The executive branch shall implement sections 702 and 703 of the
    Act, which relate to the award of certain government scholarships, in a
    manner consistent with the equal protection requirements of the Due
    Process Clause of the Fifth Amendment to the Constitution.
        Section 44511(f) of title 49, as enacted by section 712 of the Act,
    requires the Secretary of Transportation to appoint ``an independent
    governing board'' for a 4-year airport cooperative research pilot
    program. The executive branch shall construe the reference to the board
    as ``independent'' to mean independence within the Department of
    Transportation from the FAA, while the board remains subject to the
    statutory authority of the Secretary as the head of the Department and
    the President's constitutional authority to supervise the unitary
    executive branch. Moreover, the executive branch shall construe the
    provisions for nomination of candidates for the board by particular
    officials or organizations as advisory, as is consistent with the
    Appointments Clause of the Constitution.
        The executive branch shall construe as advisory the provisions of
    section 812(a) of the Act that purport to direct or burden the conduct
    of negotiations by the executive branch with foreign governments,
    international organizations, or other entities abroad. Such provisions,
    if construed as mandatory rather than advisory, would impermissibly
    interfere with the President's constitutional authority to conduct the
    Nation's foreign affairs, participate in international negotiations, and
    supervise the unitary executive branch.

                                                              George W. Bush

    The White House,

    December 12, 2003.

    Note: H.R. 2115, approved December 12, was assigned Public Law No. 108-
    176.