[Weekly Compilation of Presidential Documents Volume 41, Number 32 (Monday, August 15, 2005)]
[Pages 1273-1274]
[Online from the Government Publishing Office, www.gpo.gov]

<R04>
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 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

[[Page 1274]]

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: At the time of publication, H.R. 3, approved August 10, had not 
been received by the Office of the Federal Register for assignment of a 
Public Law number. An original was not available for verification of the 
content of this statement.