    [Public Papers of the Presidents of the United States: George W. Bush (2003, Book II)]
    [July 3, 2003]
    [Page 832]
    [From the U.S. Government Publishing Office www.gpo.gov]

    Statement on Signing the Strengthen AmeriCorps Program Act
    July 3, 2003

        Today I have signed into law S. 1276, the ``Strengthen AmeriCorps
    Program Act.'' The Act clarifies the methods by which the Corporation
    for National and Community Service (CNCS) records obligations to the
    National Service Trust for volunteer educational awards by authorizing
    the use of estimating methodology similar to other comparable programs.
    In order to ensure appropriate accountability hereafter, the Act also
    provides for annual independent audits of the Trust.
        Section 2(b)(2) of the Act purports to require the CNCS to consult
    the Director of the Congressional Budget Office (CBO), a legislative
    agent, in executing section 2(b)(1)(B) of the Act relating to
    determination of a formula for calculating certain obligations for
    recordation. Because section 191 of the National and Community Service
    Act of 1990 (NCSA) (42 U.S.C. 12651) assigns to the CNCS the Executive
    function to ``administer the programs established under the national
    service laws,'' and because the CNCS is an ``Executive agency'' under
    section 105 of title 5 of the United States Code by virtue of the
    provisions of section 191 of the NCSA and section 103 of title 5, the
    CNCS is plainly part of the unitary executive branch.
        Since a statute cannot constitutionally require the executive branch
    to involve a legislative agent in executive decision-making, the
    executive branch shall construe section 2(b)(2) as requiring the CNCS
    only to notify the Director of the CBO with regard to the matters
    addressed by the provision. At the same time, the Chief Executive
    Officer (CEO) of the CNCS shall, as a matter of comity between the
    executive and legislative branches, seek and consider the views of the
    Director of CBO in this matter as the CEO deems appropriate.

                                                              George W. Bush

     The White House,

     July 3, 2003.

    Note: S. 1276, approved July 3, was assigned Public Law No. 108-45.