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 members 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.