Recently, several organizations submitted public comments critical of a Department of Justice (DOJ) proposed rule to expand the power of state and local law enforcement agencies to investigate potential criminal activities and report the information to federal agencies. Many noted the proposal is unnecessary for public safety and a threat to free speech and association. DOJ claims the changes are necessary because the existing regulation on criminal investigation does not specifically mention terrorism or "material support thereof."

On July 17, the American Civil Liberties Union (ACLU) of Maryland disclosed documents revealing that state police engaged in covert surveillance of local peace and anti-death penalty groups for over a year during the administration of former Maryland Governor Robert L. Ehrlich (R). In response, House Majority Leader Steny Hoyer (D-MD) said he might support a Justice Department investigation into why this surveillance occurred. Rep. Bennie Thompson (D-MS), chair of the House Homeland Security Committee, wrote to Department of Homeland Security Secretary Michael Chertoff requesting a full account of the surveillance actions and further information regarding the funds used.

On July 16, the House Clerk and Secretary of the Senate released updated guidance that applies to any organization that registers as a lobbyist under the federal Lobbying Disclosure Act (LDA), as updated by the Honest Leadership and Open Government Act (HLOGA). House and Senate leaders directed the Secretary of the Senate and the Clerk of the House to rewrite the guidelines in response to complaints about the original guidance.

A late June conference sponsored by the White House Office of Faith-Based and Community Initiatives (OFBCI) featured a speech by President Bush praising the faith-based initiative as "one of the most important initiatives of this Administration." On July 1, Democratic presidential candidate Barack Obama announced his plan to restructure the program, criticizing lack of funds for the current effort and promising to bar religious hiring discrimination for federally funded positions. The next day, Republican presidential candidate John McCain issued a statement disagreeing with Obama on the hiring issue.