    [Public Papers of the Presidents of the United States: George W. Bush (2005, Book II)]
    [August 10, 2005]
    [Pages 1322-1323]
    [From the U.S. Government Publishing Office www.gpo.gov]

    Statement on Signing the Safe, Accountable, Flexible, Efficient
    Transportation Equity Act: A Legacy for Users
    August 10, 2005

        Today, I have signed into law H.R. 3, the ``Safe, Accountable,
    Flexible, Efficient Transportation Equity Act: A Legacy for Users.'' The
    Act is designed to improve the Nation's highway safety, modernize roads,
    reduce traffic congestion, and create jobs.
        Sections 1909, 1141, and 1142 of the Act establish commissions--
    solely to provide advice on transportation systems, motor vehicle taxes,
    and infrastructure financing--whose memberships are predominantly or
    wholly appointed by Members of the Congress. The executive branch shall
    construe these provisions, including subsections 1909(b), 1141(f), and
    1142(g), relating to access by the commissions to agency information, in
    a manner consistent with the constitutional authority of the President
    to supervise the unitary executive branch and to withhold information
    the disclosure of which could impair the deliberative processes of the
    Executive or the performance of the Executive's constitutional duties.
    Also, the executive branch shall construe section 1914(a) of the Act,
    which purports to require execution of that section in consultation with
    congressional committees, as

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    calling for, but not mandating, such consultation, as is consistent with
    the constitutional provisions concerning the separate powers of the
    Congress to legislate and the President to execute the laws.
        Provisions of the Act--including sections 2003(f)(3)(B), 2016(d),
    3011(f), and 3016(c), section 5503(f) of title 49, United States Code,
    as contained in section 4149 of the Act, and section 111(d)(4)(F) of
    title 49, as contained in section 5601 of the Act--purport to require
    executive branch officials to submit legislative recommendations to the
    Congress. The executive branch shall construe such provisions in a
    manner consistent with the Constitution's commitment to the President of
    the authority to submit for the consideration of the Congress such
    measures as the President judges necessary and expedient and to
    supervise the unitary executive branch.
        The executive branch shall construe the described qualifications and
    lists of nominees under section 4305(b) as recommendations only,
    consistent with the provisions of the Appointments Clause of the
    Constitution.
        The executive branch shall construe section 5305(g)(3) of the Act to
    be a statute to which section 552(b)(3)(A) of title 5, United States
    Code, refers, as the text and structure of section 5305(g) indicate.
        The executive branch shall construe section 326(e) of title 23,
    United States Code, as contained in section 6004 of the bill, which
    deems a State agency to be a Federal agency for certain purposes in
    limited circumstances, in a manner consistent with the President's
    exclusive constitutional authority to faithfully execute the laws and
    supervise the unitary executive branch, and with proper regard for the
    role of the States in our Federal system.
        The executive branch shall implement section 39 of title 18, United
    States Code, as contained in section 4143 of the Act, and section 5121
    of title 49, as contained in section 7018 of the Act, which relate to
    warrantless searches and seizures of vehicles, drivers, cargo, property,
    packages, and records, in a manner consistent with the Fourth Amendment
    to the Constitution.
        Section 1603 of the Act refers to legislative reports accompanying
    prior public laws as if they had binding legal effect. Such reports do
    not satisfy the constitutional requirements of bicameral approval and
    presentment to the President needed to give them the force of law.
        The executive branch shall construe provisions of the Act that make
    legislative classifications based on race, ethnicity, or gender in a
    manner consistent with the requirement of the Due Process Clause of the
    Fifth Amendment to afford equal protection of the laws.

                                                              George W. Bush

     The White House,

     August 10, 2005.

    Note: H.R. 3, approved August 10, was assigned Public Law No. 109-59.