SECRECY NEWS
from the FAS Project on Government Secrecy
Volume 2017, Issue No. 32
May 3, 2017

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

DOD: SECRECY MUST YIELD TO INTERNAL OVERSIGHT

Congressional oversight of intelligence often involves disputes over congressional access to intelligence information, records and personnel. But when it comes to internal Pentagon oversight, even the most tightly held intelligence programs are required to cooperate without reservation, a new DoD directive says.

Thus, the Senior Intelligence Oversight Official is supposed to have "complete and unrestricted access to all information concerning DoD intelligence and intelligence-related activities regardless of classification or compartmentalization, including intelligence special access programs."

Intelligence agency heads are instructed to provide internal overseers with "access to any employee and with all information necessary to perform their oversight responsibilities, including information protected by special access programs, alternative compensatory control measures, or other security compartmentalization."

The procedures for internal oversight of DoD intelligence activities were formalized in a new directive that was published last week. See Intelligence Oversight, DoD Directive 5148.13, April 26, 2017.

"Any allegation questioning the legality or propriety of DoD intelligence and intelligence-related activities" will be reviewed by a Department of Defense intelligence oversight official and reported on a quarterly basis to higher authorities, the directive said.

Meanwhile, intelligence agency heads are told to "take no adverse action" against DoD personnel or contractors who report what they reasonably believe to be a "questionable intelligence activity," i.e. an intelligence activity that is inconsistent with law or policy, or any other "highly sensitive matter" that would "call into question the propriety of intelligence activities."

From a distance, it is unclear how well the system of internal DoD oversight of classified intelligence programs is working. But in principle, it should bolster and help to inform the larger infrastructure of intelligence oversight.

"Appropriate senior leaders and policymakers within the Executive Branch and congressional defense and intelligence committees must be notified of events that may erode public trust in the conduct of DoD intelligence activities," the directive said.

THE NET NEUTRALITY DEBATE, & MORE FROM CRS

Net neutrality, or unfettered and non-discriminatory access to the Internet, is the subject of current litigation, regulation and legislation. Background to the issue is presented in a newly updated report from the Congressional Research Service. See The Net Neutrality Debate: Access to Broadband Networks, May 1, 2017:

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

The Office of the Parliamentarian in the House and Senate, updated May 2, 2017:

Patent Boxes: A Primer, May 1, 2017:

The Financial CHOICE Act (H.R. 10) and the Dodd-Frank Act, CRS Insight, May 1, 2017:

Executive Order for Review of National Monuments, CRS Insight, May 1, 2017:

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

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