[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.