For Immediate Release
Office of the Press Secretary
November 5, 2002
Statement by the President
Today I have signed into law H.R. 3801, an act to provide for
improvement of Federal education research, statistics, evaluation,
information, and dissemination, and for other purposes. This Act will
substantially strengthen the scientific basis for the Department of
Education's continuing efforts to help families, schools, and State and
local governments with the education of America's children. This Act
is an important complement to the No Child Left Behind Act enacted
earlier this year.
The executive branch shall construe sections 115, 116(f), 117(d),
119, 156(b), and 186 of the Act in a manner consistent with the
President's constitutional authority to supervise the unitary executive
branch and shall construe section 116(f) in a manner consistent with
the President's authority under the Recommendations Clause of the
Constitution to submit for the consideration of the Congress such
measures as the President shall judge necessary or expedient. Also, in
accordance with the President's constitutional power to select
individuals for nomination, the executive branch shall construe section
116(c)(2) as advisory only. In addition, the Director of the Institute
of Education Sciences shall implement section 186(a) of the Act subject
to the supervision and direction of the Secretary of Education.
Finally, the executive branch shall construe section 156(b) regarding
the furnishing of compilations or surveys in a manner consistent with
the principles enunciated by the U.S. Supreme Court in 1983 in INS v.
Chadha, which do not permit the Congress by law to authorize a
congressional committee to direct an executive branch entity to create
a compilation or survey.
The executive branch shall construe provisions of the Act that
require taking account of race, culture, gender, age, region,
socioeconomics, ideology, secularity and partisan politics, including
sections 111(b)(2)(B), 114(f)(7) and (8), 115(a)(1), 116(b)(8) and
(10), 133(c)(7), and 151(b)(3), in a manner consistent with First
Amendment freedoms and the requirements of equal protection and due
process under the Due Process Clause of the Fifth Amendment.
The executive branch shall construe section 174 and title II of the
Act as imposing duties on a State or its officials only when the duties
are a condition of a Federal grant or contract accepted by or under the
authority of a State, as is consistent with the principles governing
Federal-State relations enunciated by the U.S. Supreme Court in 1997 in
Printz v. United States.
GEORGE W. BUSH
THE WHITE HOUSE,
November 5, 2002.
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