[Weekly Compilation of Presidential Documents Volume 38, Number 51 (Monday, December 23, 2002)]
[Pages 2178-2179]
[Online from the Government Publishing Office, www.gpo.gov]

<R04>
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

[[Page 2179]]

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.