SECRECY NEWS
from the FAS Project on Government Secrecy
Volume 2015, Issue No. 81
December 9, 2015

Secrecy News Blog: http://fas.org/blogs/secrecy/

DOD STRESSES IMPORTANCE OF PUBLIC AFFAIRS

A newly updated Department of Defense publication affirms the importance of public outreach, not simply as a gesture towards democratic governance, but also as an instrument of operational utility.

"The US military has an obligation to communicate with its members and the US public, and it is in the national interest to communicate with international publics," the DoD doctrinal publication said.

"The proactive release of accurate information to domestic and international audiences puts joint operations in context, facilitates informed perceptions about military operations, undermines adversarial propaganda, and helps achieve national, strategic, and operational objectives." See Public Affairs, Joint Publication (JP) 3-61, Joint Staff, November 17, 2015:

The public affairs function described in the new publication encompasses most interactions between the Department and the public. It includes all the various ways that the Pentagon tells its own story to the world.

The new iteration of JP 3-61, which is about 50% longer than the prior edition from 2005, describes a hierarchy of "Public Affairs Postures", ranging from active, affirmative disclosure of information all the way to nondisclosure and absolute unresponsiveness (Appendix B).

"Active release" is appropriate "for those plans and activities where it is necessary and/or desirable to be as proactive and transparent as possible in communicating on a subject to include actively soliciting for media and public attention." Examples include "announcing a personnel policy change" or "promoting an air show."

Active disclosure can be modulated and limited to a "restricted release" when necessary. Under yet more sensitive conditions, DoD Public Affairs will not initiate disclosure on its own but will adopt a posture of "response to query," answering questions if and when asked.

Finally, a public affairs posture of "no response" is available "for those plans and activities that due to [classification] and other sensitivities we will not offer any information on, even when directly requested." Examples include "ongoing special operations" and "capabilities that are classified."

The new publication also ventures definitions of four categories of interviews that are sometimes confused or misunderstood: On the record, background, deep background, and off the record (Chapter I, p. I-8).

While military deception (MILDEC) to mislead adversaries is an integral part of military operations, it would be counterproductive to employ public affairs (PA) for that purpose, the DoD doctrine says. "PA resources cannot be used as MILDEC capability because such use would undermine the legitimacy of the office and destroy future trust in PA messages" (page II-9).

In any event, "Official information should be approved for release prior to dissemination to the public," the publication states.

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Another newly updated DoD doctrinal publication addresses Noncombatant Evacuation Operations (Joint Publication 3-68, 17 November 2015).

It notes in passing that "The Department of Justice maintains a world-wide database of biometric data that could be used to positively identify and support security screening of individuals seeking evacuation, if necessary" (page II-8).

VISA WAIVER PROGRAM, AND MORE FROM CRS

The Visa Waiver Program (VWP) allows foreign nationals from 38 countries to travel to the United States for up to 90 days without obtaining a visa. The travelers must still present a valid passport and meet certain other requirements. There were 20 million visitors who entered the United States under this program in FY 2013.

"Concerns have been raised about the ability of terrorists to enter the United States under the VWP, because those entering under the VWP undergo a biographic rather than a biometric (i.e., fingerprint) security screening, and do not need to interview with a U.S. government official before embarking to the United States," a newly updated report from the Congressional Research Service observes.

"Nonetheless, it can be argued that the VWP strengthens national security because it sets standards for travel documents, requires information sharing between the member countries and the United States on criminal and security concerns, and mandates reporting of lost and stolen travel documents. In addition, most VWP travelers have to present e-passports (i.e., passports with a data chip containing biometric information), which tend to be more difficult to alter than other types of passports," CRS wrote. See Visa Waiver Program, updated December 4, 2015:

The Visa Waiver Program was the subject of legislation to modify its requirements that passed in the House of Representatives yesterday. Among other things, the bill would exclude individuals who have visited Syria, Iraq, Iran, or Sudan since March 2011 from utilizing the visa waiver.

Other new or updated reports produced by the Congressional Research Service over the past week include the following.

Women in Combat: Issues for Congress, updated December 3, 2015:

Fact Sheet: Selected Highlights of the FY2016 Defense Budget Debate and the National Defense Authorization Acts (H.R. 1735 and S. 1356), updated December 4, 2015:

Venezuelan Opposition Wins December 2015 Legislative Elections, CRS Insight, December 7, 2015:

Spain and Its Relations with the United States: In Brief, December 4, 2015:

Selected Securities Legislation in the 114th Congress, December 4, 2015:

EPA and the Army Corps' Proposed Rule to Define "Waters of the United States", updated December 3, 2015:

Factors Related to the Use of Planned Parenthood Affiliated Health Centers (PPAHCs) and Federally Qualified Health Centers (FQHCs), December 3, 2015:

District Court Holds Appropriations Language Limits Enforcement of Federal Marijuana Prohibition, CRS Legal Sidebar, December 4, 2015:

Supreme Court to Decide Case with Important Implications for Tribal Authority Over Nonmembers, CRS Legal Sidebar, December 4, 2015:

School Locker Rooms Become the New Battleground in the Gender (Identity) Wars, CRS Legal Sidebar, December 4, 2015:

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

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