[Weekly Compilation of Presidential Documents Volume 39, Number 27 (Monday, July 7, 2003)]
[Page 876]
[Online from the Government Publishing Office, www.gpo.gov]

<R04>
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.