    [Public Papers of the Presidents of the United States: George W. Bush (2002, Book II)]
    [November 5, 2002]
    [Pages 2037-2038]
    [From the U.S. Government Publishing Office www.gpo.gov]

    Statement on Signing Legislation To Provide for Improvement of Federal
    Education Research, Statistics, Evaluation, Information, and
    Dissemination, and for Other Purposes
    November 5, 2002

        Today I have signed into law H.R. 3801, an Act to provide for
    improvement of Federal education research, statistics, evaluation,
    information, and dissemination, and for other purposes. This Act will
    substantially strengthen the scientific basis for the Department of
    Education's continuing efforts to help families, schools, and State and
    local governments with the education of America's children. This Act is
    an important complement to the No Child Left Behind Act enacted earlier
    this year.
        The executive branch shall construe sections 115, 116(f), 117(d),
    119, 156(b), and 186 of the Act in a manner consistent with the
    President's constitutional authority to

    [[Page 2038]]

    supervise the unitary executive branch and shall construe section 116(f)
    in a manner consistent with the President's authority under the
    Recommendations Clause of the Constitution to submit for the
    consideration of the Congress such measures as the President shall judge
    necessary or expedient. Also, in accordance with the President's
    constitutional power to select individuals for nomination, the executive
    branch shall construe section 116(c)(2) as advisory only. In addition,
    the Director of the Institute of Education Sciences shall implement
    section 186(a) of the Act subject to the supervision and direction of
    the Secretary of Education. Finally, the executive branch shall construe
    section 156(b) regarding the furnishing of compilations or surveys in a
    manner consistent with the principles enunciated by the U.S. Supreme
    Court in 1983 in INS v. Chadha, which do not permit the Congress by law
    to authorize a congressional committee to direct an executive branch
    entity to create a compilation or survey.
        The executive branch shall construe provisions of the Act that
    require taking account of race, culture, gender, age, region,
    socioeconomics, ideology, secularity and partisan politics, including
    sections 111(b)(2)(B), 114(f)(7) and (8), 115(a)(1), 116(b)(8) and (10),
    133(c)(7), and 151(b)(3), in a manner consistent with First Amendment
    freedoms and the requirements of equal protection and due process under
    the Due Process Clause of the Fifth Amendment.
        The executive branch shall construe section 174 and title II of the
    Act as imposing duties on a State or its officials only when the duties
    are a condition of a Federal grant or contract accepted by or under the
    authority of a State, as is consistent with the principles governing
    Federal-State relations enunciated by the U.S. Supreme Court in 1997 in
    Printz v. United States.

                                                              George W. Bush

    The White House,

    November 5, 2002.

    Note: H.R. 3801, approved November 5, was assigned Public Law No. 107-
    279.