[Weekly Compilation of Presidential Documents Volume 38, Number 20 (Monday, May 20, 2002)]
[Pages 810-811]
[Online from the Government Publishing Office, www.gpo.gov]

<R04>
Statement on Signing the Farm Security and Rural Investment Act of 2002

May 13, 2002

    I am today signing into law H.R. 2646, the ``Farm Security and Rural 
Investment Act of 2002.'' This Act will provide a safety net for 
America's farmers, who feed America and much of the world. The Act also 
will expand nutrition programs and improve the conservation and 
effective use of our natural resources.
    A few provisions of the Act raise constitutional concerns. The 
method of appointment of the board of trustees of the fellowship program 
prescribed in section 4404 of the Act

[[Page 811]]

is inconsistent with the requirements of the Appointments Clause of the 
Constitution. I am prepared to work with the Congress to enact 
legislation to cure this constitutional defect before the effective date 
of the program.
    Sections 6027 and 6028 of the Act establish and continue multi-
member regional authorities to implement development programs. Serious 
doubts arise concerning the constitutionality of these regional 
authorities because the members are likely Federal officers for purposes 
of the Appointments Clause, but many of the members are not appointed in 
the manner required by that Clause. Again, I am prepared to work with 
the Congress to enact legislation that will cure this constitutional 
shortcoming by establishing the role of the members as advisory only, or 
by providing for appointment of all the members in accordance with the 
Appointments Clause.
                                                George W. Bush
 The White House,
 May 13, 2002.

Note: H.R. 2646, approved May 13, was assigned Public Law No. 107-171.