This paper examines the structure and function of the U.S. Domestic Policy Council (DPC), which coordinates domestic policy advice to the President and oversees key areas including health, education, environment, and veterans' affairs. The paper then turns to the issue of secrecy in federal agency decision-making, arguing that closed-door deliberations have frequently undermined public accountability. Through five case studies — bankruptcy law reform, environmental sentencing guidelines, nuclear energy oversight, Internet domain name governance, and U.S.-Canada salmon fishing negotiations — the paper illustrates how lack of transparency has led to legal challenges, public criticism, and calls for open-meeting compliance.
Coordinated by the Domestic Policy Council (DPC), the domestic policy-making process in the White House provides policy advice to the President. The Council also works to ensure that domestic policy proposals are synchronized and consistent throughout federal agencies. Furthermore, the DPC supervises the execution of these domestic policies and signals the President's priorities to other branches of government.
Under the U.S. President, the Domestic Policy Council oversees chief domestic policy areas such as health, education, welfare, justice, federalism, environment, transportation, labor, and veterans' affairs. The offices affiliated with the DPC include the Office of National AIDS Policy (ONAP), the Office of National Drug Control Policy (ONDCP), and the Office of Faith-Based and Community Initiatives (OFBCI). Formal membership includes cabinet Secretaries and Administrators of federal agencies whose work touches on the matters addressed in domestic policy-making (Domestic Policy Council).
Secrecy is commonly the rule rather than the exception in federal agency decision-making. In a democratic society, this represents a significant privilege — one that many observers argue members of the Federal Government exercise far too freely. The following case studies examine several domestic policy-making issues — including bankruptcy, environmental law, nuclear energy, Internet domain names, and fisheries — where closed-door deliberations generated controversy and legal challenge.
Congress established a commission in 1994 to recommend ways to reform the nation's bankruptcy laws. In August 1997, however, the New York Times reported that the commission may have violated the Government in the Sunshine Act by holding a secret teleconference meeting.
Proposed changes to bankruptcy law were strongly opposed by banks, credit card companies, and other businesses, which argued that the regulations were not stringent enough on debtors. These financial institutions sued the commission in Federal district court and prevailed, citing the panel's violation of federal open-meeting rules. The ruling consequently raised the bar for consumers seeking relief in bankruptcy court (Henriques, 1997).
"Secret panels in environment and nuclear cases"
"ICANN accountability and salmon fishing disputes"
Some observers believe that a more open process — one in which policy issues are debated in public — would provide greater accountability as well as greater incentive to reach agreement. Across the case studies examined here, from open-meeting law violations in the bankruptcy commission to closed-door environmental advisory panels and opaque Internet governance bodies, a consistent pattern emerges: federal agency secrecy undermines public trust and invites legal challenge. Expanding transparency in domestic policy-making remains an important and ongoing concern for democratic governance.
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