    [Public Papers of the Presidents of the United States: George W. Bush (2002, Book II)]
    [September 18, 2002]
    [Page 1616]
    [From the U.S. Government Publishing Office www.gpo.gov]

    Statement on Signing the John F. Kennedy Center Plaza Authorization Act
    of 2002
    September 18, 2002

        Today I have signed into law H.R. 5012, an Act to amend the John F.
    Kennedy Center Act, authorizing a construction project to improve, among
    other things, pedestrian, vehicular, and bicycle access to the Kennedy
    Center.
        As added by H.R. 5012, however, section 12(b)(5) purports to make
    the Secretary of Transportation's (Secretary) entry into contracts
    ``[s]ubject to the approval of the Board.'' Because the membership of
    the Board of Trustees of the Kennedy Center (Board) by law includes
    Members of Congress, the Board cannot constitutionally exercise
    executive power, such as the power to approve the exercise of
    contracting authority by the head of an executive department. The
    exercise of such power by Members of Congress would violate the
    separation of powers embodied in our Constitution.
        It is not evident that the Congress would have withheld contracting
    authority from the Secretary absent the invalid Board approval
    requirement. Therefore the executive branch shall treat the Board
    approval requirement as severable from the remainder of section
    12(b)(5), leaving fully operative the contracting authority granted to
    the Secretary. As a matter of comity, the Secretary shall consult the
    Board as appropriate in relation to the Secretary's exercise of the
    authority to enter into contracts under section 12(b)(5).

                                                              George W. Bush

     The White House,

     September 18, 2002.

    Note: H.R. 5012, approved September 18, was assigned Public Law No. 107-
    224.