    [Public Papers of the Presidents of the United States: George W. Bush (2002, Book II)]
    [December 19, 2002]
    [Page 2206]
    [From the U.S. Government Publishing Office www.gpo.gov]

    [[Page 2206]]

    Statement on Signing the National Science Foundation Authorization Act
    of 2002
    December 19, 2002

        Today I have signed into law H.R. 4664, the ``National Science
    Foundation Authorization Act of 2002.'' The Act authorizes
    appropriations for the National Science Foundation and modifies
    statutory authorities of the Foundation.
        Section 5(f) of the Act purports to condition authorizations of
    certain appropriations on a subsequent determination by the Congress of
    the existence of successful progress by the executive branch toward
    specified goals. The executive branch shall construe the purported
    condition as advisory, since any other construction would be
    inconsistent with the principles enunciated by the U.S. Supreme Court in
    1983 in INS v. Chadha. Also, the executive branch shall construe and
    implement sections 8(10)(A), 9(a)(5), 11(b)(3), and 24 in a manner
    consistent with the equal protection requirements of the Due Process
    Clause of the Fifth Amendment to the Constitution.
        Several provisions of the Act, including sections 14(a), 14(b)
    (amending section 201(a)(1) of the National Science Foundation
    Authorization Act of 1998), and 18(d) call for the submission by the
    executive branch of specified information or recommendations to the
    Congress. The executive branch shall construe such provisions in a
    manner consistent with the President's constitutional authority to
    supervise the unitary executive branch, to protect the deliberative
    processes of the Executive, and to submit to the Congress such
    recommendations as the President judges necessary and expedient.

                                                              George W. Bush

     The White House,

     December 19, 2002.

    Note: H.R. 4664, approved December 19, was assigned Public Law No. 107-
    368.