Congressional Operations

Articles & Analysis

Secret Holds Continue in the Senate

Citizens for Responsibility and Ethics in Washington (CREW), a Washington, DC-based watchdog group, recently called upon the Senate Committee on Ethics to investigate the ongoing use of secret holds. The organization contends that senators have failed to abide by Section 512 of the Honest Leadership and Open Government Act of 2007 (HLOGA), which ended the use of secret holds. The group requested the committee discipline senators from both parties who have failed to abide by the procedures, as well as issue guidance to govern future conduct.

Read the Bill Act Stalled in Congress

Recently introduced House and Senate resolutions seek to illuminate the legislative process, giving Congress, as well as the American people, the opportunity to read legislation and formulate an informed opinion prior to any debate or votes.

Controversial Patriot Act Reauthorization Ready for Senate Floor

On Oct. 7, the Senate Judiciary Committee approved a bill, the USA Patriot Act Sunset Extension Act of 2009 (S. 1692), to reauthorize the Patriot Act. The bill, introduced by Sen. Patrick Leahy (D-VT), chair of the committee, passed with bipartisan support but has been denounced by civil liberties groups and privacy advocates. A week earlier, the committee voted down another reauthorization bill, the JUSTICE Act (S. 1686), introduced by Sens. Russ Feingold (D-WI) and Richard Durbin (D-IL), that would have greatly reduced surveillance powers and strengthened civil liberties protections.

Groups Seek More Congressional Transparency

The Sunlight Foundation recently launched the Open Senate Project as part of its ongoing attempt to improve congressional transparency. The project is a bipartisan initiative to study the Senate's current information sharing practices and subsequently develop recommendations for improvement, particularly through the use of technology.

Senate and House Take Legislative Swings at Secrecy

The Senate introduced new legislation that would make it more difficult for the executive branch to establish secret policies. This effort followed the House's passage of legislation to reduce overuse of classification by security agencies.

FBI to Increase Secret Powers in the Near Future

The Department of Justice (DOJ) plans to finalize secret changes to a secret rule that sets guidelines for the Federal Bureau of Investigation's (FBI) work. The changes will reportedly lower intelligence-gathering standards and could pose a significant threat to individual rights. Several senators have voiced strong concerns about the changes.

Senate Report Documents Problems with State Secrets Privilege

An Aug. 1 report by the Senate Judiciary Committee articulates the need for new legislation to limit the state secrets privilege. The report documents that the current administration has asserted the privilege "more frequently and broadly than before" and that reforms, such as the State Secrets Protection Act (S. 2533), are necessary to restore the proper balance between the right to an open and accountable government and the protection of legitimate state secrets. The report's dissenters — nearly all the Republicans on the committee — disagree with the report, arguing that existing procedures are sufficient.

State Secrets Problems are No Secret to Congress

On July 31, the House Judiciary Committee heard testimony concerning the State Secrets Protection Act (H.R. 5607), sponsored by Rep. Jerrold Nadler (D-NY), which would grant the judiciary greater authority to question executive branch secrecy. The act would establish a set of procedures and standards for assessing executive branch claims to the state secrets privilege.

House Decides Saving E-mails is a Good Thing

The White House has threatened to veto an already weak bill targeted at preserving electronic records, despite legal action and recommendations from the Government Accountability Office (GAO) on the need for such accountability. On July 9, the House passed the Electronic Communications Preservation Act (H.R. 5811) by a veto-proof margin of 286-137. While targeted at the White House, this legislation will have an impact throughout executive branch agencies.

FOIA Another Year Older, but Still Not Much Wiser

July 4 marked the 42nd anniversary of Congress' passage of the Freedom of Information Act (FOIA). The Department of Justice (DOJ) issued a report showing improvements in how the law is being implemented, including a reduction in backlogs of FOIA requests at agencies. Other reports, however, paint a much starker picture where backlogs continue to remain high (despite a one-year modest drop) and where the full granting of FOIA requests has dropped to the lowest level since records have been kept.