Statement on Signing the Strengthen AmeriCorps Program Act

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.