[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.