[Weekly Compilation of Presidential Documents Volume 39, Number 51 (Monday, December 22, 2003)]
[Pages 1795-1797]
[Online from the Government Publishing Office, www.gpo.gov]

<R04>
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

[[Page 1796]]

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.
    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.

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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. This item was not received in time for publication in the 
appropriate issue.