This blogpost summarizes some recent legislative developments concerning opinions issued by the Justice Department’s Office of Legal Counsel. By way of background, OLC interprets the U.S. Constitution, federal statutes, and federal regulations. For many (but not all) matters within the executive branch, the opinions are considered authoritative. For example, the Department of Justice, as a […]
On Friday, Sens. Gary Peters (D-MI) and Rob Portman (R-OH) introduced legislation to make it much easier to find how federal agencies propose to spend federal funds. The Congressional Budget Justification Transparency Act of 2019 (S. 2560) requires all agencies to publish a plain language explanation of their funding proposal — known as a Congressional […]
The OLC SUNLIGHT Act — which would bring desperately needed transparency and accountability to the often secret opinions of the Department of Justice’s Office of Legal Counsel — was introduced today. How often are those opinions secret? No one knows, because there’s no publicly or congressionally-available list of all the opinions. The opinions that have […]
Every year federal agencies explain to Congress their requests for funding in a document known as a Congressional Budget Justification (CBJ). Unlike other budget documents, these requests are written to be read and understood by most people. Hundreds of agencies and sub-agencies submit these requests and OMB requires executive branch agencies to publish their CBJs […]
Congressional Budget Justifications (CBJs) are plain-language explanations of how an agency proposes to spend money it requests that Congress appropriate, but how easy is it for congressional staff and citizens to find these documents? Demand Progress surveyed 456 federal agencies and entities for fiscal years 2018 and 2019 and found: 7.5 percent of the 173 […]
The recently-signed omnibus spending law contains transparency provisions intended to make our federal government just a little more open and accountable. They include: creating a hub for the reports that explain each agency’s federal spending request; a first step towards opening up federal court orders for everyone to read without charge; creating a central repository […]
Starting in 2011 and every two years afterward, the White House has drawn up an open government national action plan that is intended to contain specific, measurable open government commitments. The planning process is an outgrowth of the Obama administration’s open government initiative, which kicked off in 2009 when agencies were first required to […]
On Monday, members of the House Intelligence Committee held an open hearing into Russian involvement in the 2016 presidential election that included a discussion of whether the U.S. government improperly surveilled officials or associates of any campaign. During that hearing, members of both parties favorably referred to Section 702 of the FISA Amendments Act, a […]
Yesterday the Clinton Foundation announced it no longer would accept donations from corporate or foreign entities should Hillary Clinton be elected president, responding to criticism for “potentially allowing donors to seek special access through [Clinton’s] government post.” Unremarked upon is the danger of having a foundation linked to a president accepting any donations during his or her term of […]
Here’s a random thought. Vice President Biden maintains an office in the United States Senate, where he serves as President of the Senate. It is a good sized office — the Senate’s statement of expenditures (p. B-65) indicates it has a $2.5 million annual budget and more than 30 staff who play policy, communications, and logistical roles. Is that office subject […]
In the next few months, the Justice Department’s Inspector General will release a report on lobbying by foreign powers aimed at the federal government. Unlikely lobbying by American citizens and companies, tracked by the House of Representatives and Senate, lobbying by agents of foreign powers is monitored by the Department of Justice. The law requiring reporting by foreign lobbyists — known […]
The Department of Justice is one of the most enigmatic federal agencies. Entrusted with enormous power, it can be a tremendous champion for the public good. But with great power — as the axiom says — comes great responsibility, and the Justice Department twists and turns away from public scrutiny that assesses its behavior. Congress ultimately bears the responsibility […]