Secrecy News: April 3, 2017

Secrecy NewsApril 3, 2017
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SECRECY NEWS
From the FAS Project on Government Secrecy
Volume 2017, Issue No. 24
April 3, 2017
Secrecy News Blog:  https://fas.org/blogs/secrecy/


**     MANDATING DECLASSIFICATION IN CONGRESS
**     THE TRUMP DEFENSE BUDGET PROPOSALS, & MORE FROM CRS



MANDATING DECLASSIFICATION IN CONGRESS

Last week 
a bill was introduced in the Senate "to require the Secretary of Defense to declassify certain documents related to incidents in which members of the Armed Forces were exposed to toxic substances."

The bill (
S. 726), introduced by Sen. Jerry Moran (R-KS) and Sen. Jon Tester (D-MT), generally requires declassification of all "documents related to any known incident in which not fewer than 100 members of the Armed Forces were exposed to a toxic substance that resulted in at least one case of a disability that a member of the medical profession has determined to be associated with that toxic substance."

The bill is the latest example of congressional action to initiate, prioritize or override executive branch policy on declassification of national security records.

The new bill grants an exception from the declassification requirement "if the Secretary [of Defense] determines that declassification of those documents would materially and immediately threaten the security of the United States." This is a notably narrower exemption than that provided by the Freedom of Information Act, which deems records properly classified and therefore exempt if their disclosure would simply cause "damage" to national security.

The bill would not provide any new funding for declassification. So it would presumably be implemented at the expense of current declassification programs.


The Moran-Tester bill may or may not advance through the legislative process. But numerous other congressional declassification initiatives have been enacted into law over the years.

In a report last week, for example, the Senate Intelligence Committee recalled that it had successfully legislated "a requirement that the DNI complete a declassification review of information on the past terrorist activities of detainees transferred or released from Guantanamo, [and] make resulting declassified information publicly available."  See 
SSCI Report on activities during the 114th Congress, S.Rpt. 115-13, March 29.


THE TRUMP DEFENSE BUDGET PROPOSALS, & MORE FROM CRS

Would the Trump Administration’s defense budget proposals comply with the current Budget Control Act limits on defense spending?

"No," answered the Congressional Research Service CRS in a new report, which was authored by CRS specialist Pat Towell and analyst Lynn M. Williams. See 
The Trump Administration's March 2017 Defense Budget Proposals: Frequently Asked QuestionsApril 3, 2017.

Other new and updated reports from the Congressional Research Service include the following.


The War Powers Resolution: Concepts and Practice, updated March 28, 2017

FY2017 Defense Appropriations Fact Sheet: Selected Highlights of H.R. 5293, S. 3000, and H.R. 1301, updated March 28, 2017

The Committee on Foreign Investment in the United States (CFIUS), updated March 31, 2017

The Army's Sustainable Readiness Model (SRM)CRS Insight, March 31, 2017

Votes on Measures to Adjust the Statutory Debt Limit, 1978 to Present, updated March 30, 2017

Keystone XL Pipeline: Development IssuesCRS Insight, March 30, 2017

Expiring Funds for Primary CareCRS Insight, March 30, 2017

Overview of CEQ Guidance on Greenhouse Gases and Climate ChangeCRS Insight, updated March 30, 2017

The Civil Service Reform Act: Due Process and Misconduct-Related Adverse Actions, March 29, 2017

A Brief Overview of Rulemaking and Judicial Review, updated March 27, 2017

Major Disaster Assistance from the Disaster Relief Fund: State Profiles, updated March 29, 2017

Sub-Saharan Africa: Key Issues, Challenges, and U.S. Responses, March 21, 2017

Libya: Transition and U.S. Policy, updated March 29, 2017

Afghanistan: Post-Taliban Governance, Security, and U.S. Policy, updated March 28, 2017

Burma's Political Prisoners and U.S. Policy: In Brief, March 30, 2017

Iran Sanctions, updated March 31, 2017

China Naval Modernization: Implications for U.S. Navy Capabilities -- Background and Issues for Congress, updated March 29, 2017
_____________________________________

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

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_______________________
Steven Aftergood
Project on Government Secrecy
Federation of American Scientists
web:    https://www.fas.org/sgp/index.html
email:  saftergood@fas.org
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