[Bandolier]

That would seem to be the statute in question. Once the budget has been authorized, with stem cell research funds included, the money cannot be subsequently withheld. If no funding is budgeted for the project, there is nothing to withhold. This may be a case, as someone stated earlier, where funding was budgeted by the prior administration. In that case, no, Bush could not withhold the funds. If he blocks funding in future budgets, this code would not apply.

[marajade]

If he blocks funding in future budgets, this code would not apply.

Does anyone know if there was funding in the HHS bill this last year, which would be Bush's first budget year?

[FreeReign]

If he blocks funding in future budgets, this code would not apply.

A president can't block funding for something that is mandated by law to be funded. Only the descretionary budget and future budgetary legislation is controlled by a president.