SECRECY NEWS
from the FAS Project on Government Secrecy
Volume 2016, Issue No. 11
February 4, 2016

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

COMING TO TERMS WITH SECRET LAW

The topic of "secret law" is probed at great length in a new law review paper, which substantiates the concept and suggests a set of principles for addressing it. See "Coming to Terms with Secret Law" by Dakota S. Rudesill, to be published in the Harvard National Security Journal:

Secret law is defined here as "legal authorities that require compliance [but] that are classified or otherwise withheld from the public."

The paper provides extensive citations to relevant source material (including a few references to Secrecy News), thoughtful consideration of arguments for and against the status quo, and a novel compilation of congressional reports that include classified addenda. (h/t Lawfare)

TPP STRATEGIC IMPLICATIONS, AND MORE FROM CRS

A new report from the Congressional Research Service examines claims that the 12-nation free trade agreement known as the Trans-Pacific Partnership (TPP) will (or will not) advance the strategic interests of the United States by enabling it to exert influence in economic as well as security domains. See The Trans-Pacific Partnership: Strategic Implications, February 3, 2016:

Other new and newly updated Congressional Research Service products that Congress has withheld from public distribution include the following.

The Obama Administration's Feed the Future Initiative, January 29, 2016:

Immigration Legislation and Issues in the 114th Congress, February 3, 2016:

Unaccompanied Alien Children--Legal Issues: Answers to Frequently Asked Questions, updated January 27, 2016:

State Challenges to Federal Enforcement of Immigration Law: Historical Precedents and Pending Litigation in Texas v. United States, updated January 27, 2016:

Apprenticeship in the United States: Frequently Asked Questions, January 29, 2016:

The Earned Income Tax Credit (EITC): An Economic Analysis, February 1, 2016:

Airport Privatization: Issues and Options for Congress, updated February 3, 2016:

The Good Cause Exception to Notice and Comment Rulemaking: Judicial Review of Agency Action, January 29, 2016:

Oil Sands and the Oil Spill Liability Trust Fund: The Definition of "Oil" and Related Issues for Congress, February 3, 2016:

Dietary Guidelines for Americans: Frequently Asked Questions, February 2, 2016:

Temporary Assistance for Needy Families (TANF): Size and Characteristics of the Cash Assistance Caseload, updated January 29, 2016:

Federal Securities Law: Insider Trading, updated February 2, 2016:

Iran's Foreign Policy, updated January 29, 2016:

Jordan: Background and U.S. Relations, updated January 27, 2016:

Legislative Branch: FY2016 Appropriations, updated February 1, 2016:

Body Armor for Law Enforcement Officers: In Brief, updated January 28, 2016:

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

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