DOJ says Bush signing statements record similar to predecessors Joe Shaulis at 1:06 PM ET [JURIST] A lawyer for the US Department of Justice [official website] on Tuesday defended President Bush's frequent use of signing statements [Wikipedia backgrounder; 1993 DOJ backgrounder] to interpret legislation passed by Congress, in testimony before the US Senate Judiciary Committee [official website]. Deputy Assistant Attorney General Michelle E. Boardman testified during the committee's hearing on signing statements [committee materials] that presidents dating to James Monroe have used the statements to express constitutional concerns about legislation. President Bush's use of the technique is "indistinguishable" from that of previous presidents, according to Boardman's prepared remarks [text], and the number of statements Bush has issued "is in keeping with the number issued by every President during the past quarter century." She continued: It is important to establish at the outset what presidential signing statements are not: an attempt to "cherry-pick" among the parts of a duly enacted law that the President will choose to follow, or an attempt unilaterally to redefine what the law is after its enactment. Presidential signing statements are, rather, a statement by the President explaining his interpretation of and responsibilities under the law, and they are therefore an essential part of the constitutional dialogue between the branches that has been a part of the etiquette of government since the early days of the Republic. Although President Bush has not yet vetoed a bill, he has attached signing statements to over 750 laws [Boston Globe report and examples], including one construing a ban on the cruel and inhumane treatment of detainees [JURIST report]. That statement was criticized by fellow Republicans in Congress [JURIST report]. Critics of the procedure, including Judiciary Committee Chairman Sen. Arlen Specter (R-PA) [official website] and ranking Democrat Patrick Leahy (D-VT) [official website; statement] have said that Bush's signing statements impermissibly intrude upon Congress's power to write and enact laws under Article I of the Constitution [text], which vests "[a]ll legislative powers herein granted" in Congress. Earlier this month, the American Bar Association announced a bipartisan investigation [JURIST report; ABA press release] of Bush's use of signing statements. The White House on Tuesday defended the president's use of signing statements [press briefing transcript], with Press Secretary Tony Snow saying that the president "is enjoined by the Constitution dutifully to carry out the laws and to execute the laws of the United States. So those -- what the signing statements are designed to do is to make sure that both of those duties are kept in balance, and that the President is, in fact, faithfully executing the laws." Patrice McDermott, Director OpenTheGovernment.org 202-332-OPEN (6736) www.openthegovernment.org EPARTMENT OF ENERGY Federal Energy Regulatory Commission 18 CFR Part 388 [Docket No. RM06-24-000; Order No. 683] Critical Energy Infrastructure Information Issued September 21, 2006. AGENCY: Federal Energy Regulatory Commission. ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: The Federal Energy Regulatory Commission (Commission) is issuing this final rule amending its regulations for gaining access to Critical Energy Infrastructure Information (CEII). The definition of CEII is being clarified to exclude information that the Commission never intended to be deemed as containing critical infrastructure information. In addition, procedural changes are being made based on over three years experience processing CEII requests. These changes simplify the procedures for obtaining access to CEII without increasing vulnerability of the energy infrastructure. DATES: Effective Date: The rule will become effective November 2, 2006. FOR FURTHER INFORMATION CONTACT: Teresina A. Stasko, Office of the General Counsel, GC-13, Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426; 202-502-8317. SUPPLEMENTARY INFORMATION: Before Commissioners: Joseph T. Kelliher, Chairman; Suedeen G. Kelly, Marc Spitzer, Philip D. Moeller, and Jon Wellinghoff. 1. It has been over three years since the Commission issued its final order on Critical Energy Infrastructure Information (CEII). See Critical Energy Infrastructure Information, Order No. 630, 68 FR 9857 (Mar. 3, 2003), FERC Stats. & Regs. ] 31,140 (2003); order on reh'g, Order No. 630-A, 68 FR 46456 (Aug. 6, 2003), FERC Stats. & Regs. ] 31,147 (2003). Since the issuance of Order No. 630, the Commission has continually monitored and evaluated the effectiveness of the CEII process. The most recent review indicates that changes are needed to assure the rules work in the manner intended. 2. As explained below, the Commission makes strictly procedural changes in this instant and final rule. In a notice of proposed rulemaking in Docket No. RM06-23-000, which is being issued concurrently with this final rule, the Commission proposes other changes, which require notice and comment. See 5 U.S.C. 553 (2000). 3. In this final rule the Commission clarifies and limits the definition of CEII to minimize the amount of information which qualifies as CEII, and makes the following changes to its regulations: (1) The definition of CEII is clarified; and (2) requesters are required to submit executed non-disclosure agreements (NDA) with their requests. In addition, the Commission is providing notice that, for CEII requests, the notice and opportunity to comment on a request will be combined with the notice of release. The Commission further takes this opportunity to reiterate its requirement that submitters segregate CEII from other information and file as CEII only information which truly warrants being kept from public access. Accordingly, this rule is being issued as an instant and final rule because it only concerns procedural matters. See 5 U.S.C. 553(b)(3)(A) (2000). 4. In a notice of proposed rulemaking in Docket No. RM06-23-000 issued concurrently with this final rule, the Commission seeks comments on, among other things: (1) Revisions to its regulations regarding CEII requests; (2) the limited portions of various forms and reports the Commission now defines as containing CEII; and (3) its proposal to abolish the non-Internet public (NIP) designation. [.]
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