SECRECY NEWS – FBI TERRORISM INVESTIGATIONS, AND MORE FROM CRS

“Intelligence activity in the past decades has, all too often, exceeded
the restraints on the exercise of governmental power that are imposed by
our country’s Constitution, laws, and traditions,” according to the
Congressional Research Service.

The CRS, which shuns polemical claims, presents that assertion as a simple
statement of fact (although cautiously sourced to the 1976 Church Committee
report) in a newly updated report on FBI terrorism investigations.

The report reviews the FBI investigative process, the statutory framework
within which it operates, and the tools at its disposal, along with
oversight considerations for Congress. See The Federal Bureau of
Investigation and Terrorism Investigations, April 24, 2013:

Click to access R41780.pdf

Other new or newly updated CRS reports include the following.

Terrorism, Miranda, and Related Matters, April 24, 2013:

Click to access R41252.pdf

Terrorism Risk Insurance: Issue Analysis and Overview of Current Program,
April 26, 2013:

Click to access R42716.pdf

U.S. Air Force Bomber Sustainment and Modernization: Background and Issues
for Congress, April 23, 2013:

Click to access R43049.pdf

Multiyear Procurement (MYP) and Block Buy Contracting in Defense
Acquisition: Background and Issues for Congress, April 25, 2013:

Click to access R41909.pdf

U.S.-South Korea Relations, April 26, 2013:

Click to access R41481.pdf

Iran Sanctions, April 24, 2013:

Click to access RS20871.pdf

Intelligence Issues for Congress, April 23, 2013:

Click to access RL33539.pdf

Inflation-Indexing Elements in Federal Entitlement Programs, April 24,
2013:

Click to access R42000.pdf

Changes in the Arctic: Background and Issues for Congress, April 25, 2013:

Click to access R41153.pdf

Prevalence of Mental Illness in the United States: Data Sources and
Estimates, April 24, 2013:

Click to access R43047.pdf

DOD POLICY ON NON-LETHAL WEAPONS, AND OTHER NEW DIRECTIVES

The Department of Defense has revised its 1996 directive on non-lethal
weapons (NLW) to guide future development and procurement of this category
of weaponry.

“Unlike conventional lethal weapons that destroy their targets principally
through blast, penetration, and fragmentation, NLW employ means other than
gross physical destruction to prevent the target from functioning. NLW are
intended to have relatively reversible effects on personnel or materiel,”
the revised directive explains.

“It is DoD policy that NLW doctrine and concepts of operation will be
developed to reinforce deterrence and expand the range of options available
to commanders.”

The directive does not apply to information operations, cyber operations
or electronic warfare capabilities. See DoD Executive Agent for Non-Lethal
Weapons (NLW), and NLW Policy, DoD Directive 3000.03E, April 25, 2013:

Click to access d3000_03.pdf

Other noteworthy new or updated DoD issuances include the following.

DoD Nuclear Weapons Surety Program, DoD Directive 3150.02, April 24, 2013:

Click to access d3150_02.pdf

DoD Counterfeit Prevention Policy, DoD Instruction 4140.67, April 26,
2013:

Click to access i4140_67.pdf

Assistant to the Secretary of Defense for Intelligence Oversight
(ATSD(IO)), DoD Directive 5148.11, April 24, 2013:

Click to access d5148_11.pdf

Use of Excess Ballistic Missiles for Space Launch, Directive-Type
Memorandum (DTM) 11-008, July 5, 2011, Incorporating Change 3, April 25,
2013:

Click to access dtm-11-008.pdf

_______________________________________________
Secrecy News is written by Steven Aftergood and published by the
Federation of American Scientists.

The Secrecy News Blog is at:
http://www.fas.org/blog/secrecy/

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https://members.fas.org/donate

_______________________
Steven Aftergood
Project on Government Secrecy
Federation of American Scientists
web: http://www.fas.org/sgp/index.html
email: saftergood@fas.org
voice: (202) 454-4691
twitter: @saftergood

SECRECY NEWS – NEXT STEPS IN NUCLEAR ARMS CONTROL, AND MORE FROM CRS

Negotiating a treaty to reduce nuclear weapons is so cumbersome and
fraught with political minefields that it can actually retard the process
of disarmament. “It usually takes far longer to reduce nuclear forces
through a bilateral arms control treaty than it takes to adopt unilateral
adjustments to nuclear forces,” according to a new report from the
Congressional Research Service.

“If the Obama Administration reduces U.S. nuclear forces in parallel with
Russia, but without a formal treaty, the two nations could avoid months or
years in negotiation,” the CRS report says. See “Next Steps in Nuclear Arms
Control with Russia: Issues for Congress,” April 10, 2013:

Click to access R43037.pdf

“Recent data… challenge the belief that the [U.S.] manufacturing sector,
taken as a whole, will continue to flourish,” says a newly updated CRS
report. “One interpretation of these data is that manufacturing is
‘hollowing out’ as companies undertake a larger proportion of their
high-value work abroad. These developments raise the question of whether
the United States will continue to generate highly skilled, high-wage jobs
related to advanced manufacturing.” See “‘Hollowing Out’ in U.S.
Manufacturing: Analysis and Issues for Congress,” April 15, 2013:

Click to access R41712.pdf

A rich compilation of information about discretionary government spending
was presented in “Trends in Discretionary Spending,” April 15, 2013:

Click to access RL34424.pdf

Some other new or newly updated CRS reports that Congress has not made
publicly available include the following.

Federal Authority to Regulate the Compounding of Human Drugs, April 12,
2013:

Click to access R43038.pdf

Federal Traffic Safety Programs: An Overview, April 1, 2013:

Click to access R43026.pdf

The STOCK Act, Insider Trading, and Public Financial Reporting by Federal
Officials, April 12, 2013:

Click to access R42495.pdf

International Trade and Finance: Key Policy Issues for the 113th Congress,
April 15, 2013:

Click to access R41553.pdf

Why Certain Trade Agreements Are Approved as Congressional-Executive
Agreements Rather Than as Treaties, April 15, 2013:

Click to access 97-896.pdf

The United Kingdom and U.S.-UK Relations, April 15, 2013:

Click to access RL33105.pdf

A FRESH LOOK AT INVENTION SECRECY

The Invention Secrecy Act of 1951 has been used for more than half a
century to restrict disclosure of patent applications that could be
“detrimental to national security.” At the end of the last fiscal year, no
fewer than 5,321 secrecy orders were in effect.

http://www.fas.org/sgp/othergov/invention/index.html

These secrecy orders have been difficult to penetrate and the stories
behind them have usually been left untold. But several inventors whose
work prompted imposition of a secrecy order were interviewed by G.W. Schulz
of the Center for Investigative Reporting. See his new account in
“Government secrecy orders on patents keep lid on inventions,” April 16,
2013.

http://cironline.org/reports/

JOURNAL OF NATIONAL SECURITY LAW & POLICY

The latest issue of the Journal of National Security Law & Policy has just
been published and can be found online here:

Welcome to JNSLP

Titles of likely interest include “Free Speech Aboard the Leaky Ship of
State: Calibrating First Amendment Protections for Leakers of Classified
Information” by Heidi Kitrosser, and “Unknotting the Tangled Threads of
Watergate Lore,” a review of Max Holland’s book “Leak” written by M.E.
(Spike) Bowman, among others.

DEFENSE SUPPORT OF CIVILIAN LAW ENFORCEMENT AGENCIES

In last Friday’s Federal Register the Department of Defense published a
final rule on “Defense Support of Civilian Law Enforcement Agencies.” The
rule specifies and defines the support that DoD may provide to federal,
state and local law enforcement agencies, “including responses to civil
disturbances.”

http://www.fas.org/sgp/news/2013/04/dsclea.html

“The President is authorized by the Constitution and laws of the United
States to employ the Armed Forces of the United States to suppress
insurrections, rebellions, and domestic violence under various conditions
and circumstances,” the new rule states.

“Planning and preparedness by the Federal Government, including the
Department of Defense, for civil disturbances is important due to the
potential severity of the consequences of such events for the Nation and
the population. The employment of Federal military forces to control civil
disturbances shall only occur in a specified civil jurisdiction under
specific circumstances as authorized by the President, normally through
issuance of an Executive order or other Presidential directive authorizing
and directing the Secretary of Defense to provide for the restoration of
law and order in a specific State or locality.”

The new rule, which forms part of the Code of Federal Regulations, is
almost identical to DoD Instruction 3025.21 on “Defense Support of Civilian
Law Enforcement Agencies” that was issued on February 27, 2013 (noted by
PublicIntelligence.net on April 11).

Click to access i3025_21.pdf

_______________________________________________
Secrecy News is written by Steven Aftergood and published by the
Federation of American Scientists.

The Secrecy News Blog is at:
http://www.fas.org/blog/secrecy/

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_______________________
Steven Aftergood
Project on Government Secrecy
Federation of American Scientists
web: http://www.fas.org/sgp/index.html
email: saftergood@fas.org
voice: (202) 454-4691
twitter: @saftergood

SECRECY NEWS – THE REAL MINIMUM WAGE, CYBERSECURITY, AND MORE FROM CRS

The hourly minimum wage reached its peak value in 1968, when it was worth
$10.57 in real terms, the Congressional Research Service calculated in a
new report.  But although the nominal value of the minimum wage has
increased over the years, it has not kept pace with the increase in
consumer prices, and so its real value has fallen.  See Inflation and the
Real Minimum Wage: A Fact Sheet, February 26, 2013:

    http://www.fas.org/sgp/crs/misc/R42973.pdf

The recent executive order 13636 on cybersecurity was discussed in another
new CRS report, which reviewed the order's provisions, compared it to
pending legislation, and discussed the authority of the President to act
unilaterally in this area.  See "The 2013 Cybersecurity Executive Order:
Overview and Considerations for Congress," March 1, 2013:

    http://www.fas.org/sgp/crs/misc/R42984.pdf

A 1999 provision to provide public access to scientific data used in
federally funded research (known as the Shelby Amendment) has rarely been
invoked in Freedom of Information Act requests, and so neither the benefits
promised by its advocates nor the concerns of its critics have been
realized to any significant extent, a CRS study found.  See Public Access
to Data from Federally Funded Research: Provisions in OMB Circular A-110,
March 1, 2013:

    http://www.fas.org/sgp/crs/secrecy/R42983.pdf

The prospects for current negotiations between the government of Colombia
and the insurgent Revolutionary Armed Forces of Colombia (FARC) were
assessed in a new CRS report, which also provided background on the
conflict in that country.  See Peace Talks in Colombia, March 1, 2013:

    http://www.fas.org/sgp/crs/row/R42982.pdf

The U.S. Supreme Court has agreed to hear challenges to two state laws
that impose restrictions on same-sex marriage. The two pending cases were
discussed by CRS in Same-Sex Marriage and Supreme Court: United States v.
Windsor and Hollingsworth v. Perry, February 20, 2013:

    http://www.fas.org/sgp/crs/misc/R42976.pdf

The Equal Rights Amendment that was proposed in 1972 to prohibit
discrimination "on account of sex" was eventually ratified by 35 states,
three short of the 38 states required for adoption.  Those ratifications
have formally expired, but some supporters contend controversially that it
would possible "to restart the clock on ratification at the current level
of 35 states."  The issues were discussed by CRS in The Proposed Equal
Rights Amendment: Contemporary Ratification Issues, February 28, 2013:

    http://www.fas.org/sgp/crs/misc/R42979.pdf

The adequacy of official reporting of government expenditures is a
continuing concern among policy advocates.  "Two agencies -- the Department
of Homeland Security (DHS) and the Department of Defense (DOD) -- have
never received unqualified audit opinions, which signifies the persistence
of financial problems at these agencies," a new CRS report said.  See
Federal Financial Reporting: An Overview, February 27, 2013:

    http://www.fas.org/sgp/crs/misc/R42975.pdf

Other noteworthy new and updated CRS products that Congress has directed
CRS not to release to the public include the following.

Issues in Homeland Security Policy for the 113th Congress, February 27,
2013:

    http://www.fas.org/sgp/crs/homesec/R42985.pdf

Comparison of Rights in Military Commission Trials and Trials in Federal
Criminal Court, February 28, 2013:

    http://www.fas.org/sgp/crs/natsec/R40932.pdf

International Law and Agreements: Their Effect Upon U.S. Law, March 1,
2013:

    http://www.fas.org/sgp/crs/misc/RL32528.pdf

Cybersecurity: Authoritative Reports and Resources, February 28, 2013:

    http://www.fas.org/sgp/crs/misc/R42507.pdf

U.S. Crude Oil and Natural Gas Production in Federal and Non-Federal
Areas, February 28, 2013:

    http://www.fas.org/sgp/crs/misc/R42432.pdf

Securing America's Borders: The Role of the Military, February 25, 2013:

    http://www.fas.org/sgp/crs/homesec/R41286.pdf

Army Drawdown and Restructuring: Background and Issues for Congress, March
5, 2013:

    http://www.fas.org/sgp/crs/natsec/R42493.pdf

U.S. Trade and Investment in the Middle East and North Africa: Overview
and Issues for Congress, February 28, 2013:

    http://www.fas.org/sgp/crs/misc/R42153.pdf

Southwest Border Violence: Issues in Identifying and Measuring Spillover
Violence, February 28, 2013:

    http://www.fas.org/sgp/crs/homesec/R41075.pdf

Base Realignment and Closure (BRAC): Transfer and Disposal of Military
Property, February 28, 2013:

    http://www.fas.org/sgp/crs/natsec/R40476.pdf

Department of Defense Trends in Overseas Contract Obligations, March 1,
2013:

    http://www.fas.org/sgp/crs/natsec/R41820.pdf

Sequestration as a Budget Enforcement Process: Frequently Asked Questions,
February 27, 2013:

    http://www.fas.org/sgp/crs/misc/R42972.pdf

Sessions, Adjournments, and Recesses of Congress, February 27, 2013:

    http://www.fas.org/sgp/crs/misc/R42977.pdf

Kenya: Current Issues and U.S. Policy, February 26, 2013:

    http://www.fas.org/sgp/crs/row/R42967.pdf

Comparing Medicaid and Exchanges: Benefits and Costs for Individuals and
Families, February 28, 2013:

    http://www.fas.org/sgp/crs/misc/R42978.pdf

Brief History of Comprehensive Immigration Reform Efforts in the 109th and
110th Congresses to Inform Policy Discussions in the 113th Congress,
February 27, 2013:

    http://www.fas.org/sgp/crs/homesec/R42980.pdf

U.S. Trade and Investment in the Middle East and North Africa: Overview
and Issues for Congress, February 28, 2013:

        http://www.fas.org/sgp/crs/misc/R42153.pdf

China's Economic Conditions, March 4, 2013:

    http://www.fas.org/sgp/crs/row/RL33534.pdf

_______________________________________________
Secrecy News is written by Steven Aftergood and published by the
Federation of American Scientists.

The Secrecy News Blog is at:
     http://www.fas.org/blog/secrecy/

To SUBSCRIBE to Secrecy News, go to:
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     http://www.fas.org/member/donate_today.html

_______________________
Steven Aftergood
Project on Government Secrecy
Federation of American Scientists
web:    www.fas.org/sgp/index.html
email:  saftergood@fas.org
voice:  (202) 454-4691
twitter: @saftergood

SECRECY NEWS – PROSECUTORIAL DISCRETION IN IMMIGRATION CASES

"Under the Federal criminal justice system, the prosecutor has wide
latitude in determining when, whom, how, and even whether to prosecute for
apparent violations of Federal criminal law," says the U.S. Attorneys'
Manual. "The prosecutor's broad discretion in such areas as initiating or
foregoing prosecutions, selecting or recommending specific charges, and
terminating prosecutions by accepting guilty pleas has been recognized on
numerous occasions by the courts." (Chapter 9-27).

Although prosecutors enjoy broad discretion concerning whether and whom to
prosecute, there are limits, the Manual says, and consequences for
prosecutorial overreaching:  "Serious, unjustified departures from the
principles set forth herein are [to be] followed by such remedial action,
including the imposition of disciplinary sanctions, when warranted, as are
deemed appropriate."

(After the execution of Socrates, remorseful Athenians rose up against his
three prosecutors, according to the uncorroborated account of Diogenes
Laertius.  Meletus was stoned to death, while Anytus and Lycon were
banished.)

The exercise of prosecutorial discretion is discussed in a new report from
the Congressional Research Service, which focuses particularly on
immigration cases.

The report "addresses the constitutional and other foundations for the
doctrine of prosecutorial discretion, as well as the potential ways in
which prosecutorial discretion may be exercised in the immigration
context." It also considers "potential constitutional, statutory, and
administrative constraints upon the exercise of prosecutorial discretion."

See "Prosecutorial Discretion in Immigration Enforcement: Legal Issues,"
January 17, 2013:

        http://www.fas.org/sgp/crs/misc/R42924.pdf

Some other new and updated CRS products that Congress has not authorized
CRS to release to the public include these:

Chemical Facility Security: Issues and Options for the 113th Congress,
January 14, 2013:

        http://www.fas.org/sgp/crs/homesec/R42918.pdf

Nonstrategic Nuclear Weapons, December 19, 2012:

        http://www.fas.org/sgp/crs/nuke/RL32572.pdf

The Protection of Classified Information: The Legal Framework, January 10,
2013:

        http://www.fas.org/sgp/crs/secrecy/RS21900.pdf

Crisis in Mali, January 14, 2013:

        http://www.fas.org/sgp/crs/row/R42664.pdf

_______________________________________________
Secrecy News is written by Steven Aftergood and published by the
Federation of American Scientists.

The Secrecy News Blog is at:
     http://www.fas.org/blog/secrecy/

To SUBSCRIBE to Secrecy News, go to:
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     http://www.fas.org/member/donate_today.html

_______________________
Steven Aftergood
Project on Government Secrecy
Federation of American Scientists
web:    www.fas.org/sgp/index.html
email:  saftergood@fas.org
voice:  (202) 454-4691
twitter: @saftergood

SECRECY NEWS – SECURING U.S. DIPLOMATIC FACILITIES, AND MORE FROM CRS

In almost every year since 2007, Congress appropriated less money for
diplomatic security than had been requested.  In FY2012, the State
Department sought $2.9 billion for security, and Congress enacted $2.6
billion.

The diplomatic security function, including its funding profile, was
discussed in the light of recent attacks of U.S. diplomatic facilities in
Benghazi, Libya and elsewhere in a new report from the Congressional
Research Service.  See "Securing U.S. Diplomatic Facilities and Personnel
Abroad: Background and Policy Issues," November 26, 2012:

        http://www.fas.org/sgp/crs/row/R42834.pdf

Some other new and updated CRS reports that have not been made publicly
available include the following.

Panama: Political and Economic Conditions and U.S. Relations, November 27,
2012:

        http://www.fas.org/sgp/crs/row/RL30981.pdf

The Judgment Fund: History, Administration, and Common Usage, November 26,
2012:

        http://www.fas.org/sgp/crs/misc/R42835.pdf

Financing the U.S. Trade Deficit, November 16, 2012:

        http://www.fas.org/sgp/crs/misc/RL33274.pdf

Saudi Arabia: Background and U.S. Relations, November 27, 2012:

        http://www.fas.org/sgp/crs/mideast/RL33533.pdf

SOME BASIC BUDGET TUTORIALS FROM CRS

In a series of newly updated reports presumably intended for new Members
of Congress who are unfamiliar with basic features of the federal budget,
the Congressional Research Service presented the very rudiments of the
budget process.  See:

Basic Federal Budgeting Terminology, November 26, 2012:

        http://www.fas.org/sgp/crs/misc/98-410.pdf

Overview of the Authorization-Appropriations Process, November 26, 2012:

        http://www.fas.org/sgp/crs/misc/RS20371.pdf

Baselines and Scorekeeping in the Federal Budget Process, November 26,
2012:

        http://www.fas.org/sgp/crs/misc/98-560.pdf

Budget Reconciliation Legislation: Development and Consideration, November
26, 2012:

        http://www.fas.org/sgp/crs/misc/98-814.pdf

Entitlements and Appropriated Entitlements in the Federal Budget Process,
November 26, 2012:

        http://www.fas.org/sgp/crs/misc/RS20129.pdf

Legislative Procedures for Adjusting the Public Debt Limit: A Brief
Overview, November 26, 2012:

        http://www.fas.org/sgp/crs/misc/RS21519.pdf

EVOLUTION OF REMOTE SENSING AND NATIONAL SECURITY

A study performed for the National Geospatial-Intelligence Agency (NGA)
"chronicles the policy history of civil and commercial remote sensing from
1960 through 2008."

The study "highlights the difficulties in establishing a consistent
government role in a field where public good and private profit exist
side-by-side, and where business interests have the potential to contribute
to and conflict with national security interests."

See "U.S. National Security and Economic Interests in Remote Sensing: The
Evolution of Civil and Commercial Policy" by James A. Vedda, The Aerospace
Corporation, February 20, 2009:

        http://www.fas.org/irp/eprint/remote.pdf

The unclassified study was released yesterday by NGA three years after it
was requested under the Freedom of Information Act.

_______________________________________________
Secrecy News is written by Steven Aftergood and published by the
Federation of American Scientists.

The Secrecy News Blog is at:
     http://www.fas.org/blog/secrecy/

To SUBSCRIBE to Secrecy News, go to:
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     http://www.fas.org/member/donate_today.html

_______________________
Steven Aftergood
Project on Government Secrecy
Federation of American Scientists
web:    www.fas.org/sgp/index.html
email:  saftergood@fas.org
voice:  (202) 454-4691
twitter: @saftergood