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.

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.

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.

Now back from the July 4 recess, the Senate is expected to quickly take up the Foreign Intelligence Surveillance Act (FISA) compromise passed by the House in June, with a vote as early as July 9. Despite opposition to the compromise legislation, particularly from civil libertarians, and a recent court ruling that cast doubt on the main arguments for granting immunity to telecommunications companies, the legislation is considered likely to pass.