For Immediate Release
Office of the Press Secretary
September 18, 2002
Statement by the President
Today I have signed into law H.R. 5012, an Act to amend the John
F. Kennedy Center Act, authorizing a construction project to improve,
among other things, pedestrian, vehicular, and bicycle access to the
Kennedy Center.
As added by H.R. 5012, however, section 12(b)(5) purports to make
the Secretary of Transportation's (Secretary) entry into contracts
"[s]ubject to the approval of the Board." Because the membership of
the Board of Trustees of the Kennedy Center (Board) by law includes
Members of Congress, the Board cannot constitutionally exercise
executive power, such as the power to approve the exercise of
contracting authority by the head of an executive department. The
exercise of such power by Members of Congress would violate the
separation of powers embodied in our Constitution.
It is not evident that the Congress would have withheld contracting
authority from the Secretary absent the invalid Board approval
requirement. Therefore the executive branch shall treat the Board
approval requirement as severable from the remainder of section
12(b)(5), leaving fully operative the contracting authority granted to
the Secretary. As a matter of comity, the Secretary shall consult the
Board as appropriate in relation to the Secretary's exercise of the
authority to enter into contracts under section 12(b)(5).
GEORGE W. BUSH
THE WHITE HOUSE,
September 18, 2002.
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