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.
[.]
Attachment:
image001.gif
Description: GIF image
Attachment:
image002.gif
Description: GIF image
