Detail of Law Enforcement Agents to Congressional Committees

Headnotes: 

Details of Department of Justice law enforcement agents to congressional committees are statutorily authorized provided the details are made on a reimbursable basis.

Such details do not violate the constitutional principles of separation of powers as long as the details are advisory in nature, involve functions not required by the Constitution to be performed by an “officer” of the United States, and when there are particularly compelling policy reasons for the assignment that outweigh any separation of powers concerns.

Due to the substantial policy and ethical concerns such details raise, the Department should consider a reimbursable detail only after a careful examination of the functions to be performed and consideration of the conflicts likely to arise.

Updated July 9, 2014