John B. Breaux: “Just to make two quick points. No. 1, it is very clear that the Nelson-Chafee-Breaux amendment is a supplement and not…”

“Just to make two quick points. No. 1, it is very clear that the Nelson-Chafee-Breaux amendment is a supplement and not replacing the original section 7103(b)(1). We are not replacing the language talking about national security. The second point, the debate on the floor has been the question about how difficult it would be for the President to make a showing that the mission and responsibilities of the agency have materially changed. I would say very clearly that the only court case in 30 years that has ever challenged the President's authority in making this determination said very clearly that this section makes clear that the President may exclude an agency from the act's coverage whenever he determines that the conditions statutorily specified exist. This section does not expressly call upon the President to insert any written findings into his exempting order or, indeed, to utilize any particular format for such an order. That is as clear as you can say it. When the President says these conditions exist, that is all he has to show, period. That is the end of it. I hope that will address the concerns of the ranking minority member about the President having to make findings and do things that he is incapable of doing. This case, the only case interpreting this, says he doesn't have to make any findings. It is left up to him. When he says, I have determined that these conditions exist, I can do it, that is not reviewable. The national security statute is still in place.”