SECRECY NEWS
from the FAS Project on Government Secrecy
Volume 2018, Issue No. 5
January 18, 2018

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

DNI UPDATES POLICY ON CLASSIFIED LEAKS

Director of National Intelligence Daniel R. Coats last month issued a newly revised directive that details intelligence community procedures for dealing with leaks of classified information. See Unauthorized Disclosures of Classified National Security Information, Intelligence Community Directive 701, December 22, 2017:

The directive formalizes several notable developments in intelligence policy regarding leaks:

* It provides an expansive definition of an unauthorized disclosure that includes not simply disclosure but also the "confirmation" or "acknowledgement" of classified information to an unauthorized person.

* It mandates the use of "audits and systems monitoring" in order "to detect and attribute attempts to bypass or defeat security safeguards."

* It specifies that polygraph examinations used by intelligence agencies shall "address the issue of unauthorized disclosures of classified information" as part of the security vetting process.

* It notes that the DNI may prohibit the IC Inspector General from investigating a leak, pursuant to 50 USC 3033(f), "if the Director determines that such prohibition is necessary to protect vital national security interests of the United States." The DNI is obliged to notify the congressional intelligence committees if he ever exercises this authority.

The new directive defines a hierarchy of unauthorized disclosures based on their severity and the feasibility of investigating and prosecuting them. "This process is designed to identify which incidents can be closed without further review, which call for an internal investigation, and which should be referred [to the Department of Justice] with a request for a criminal investigation."

The directive updates and expands the provisions of a prior version that was issued in 2007 by then-DNI Mike McConnell.

EXPULSION FROM CONGRESS, AND MORE FROM CRS

Over the course of U.S. history, twenty Members of Congress have been expelled by their colleagues. Most of those cases were based on charges of disloyalty to the United States in the early Civil War period. Two of them followed convictions on charges of public corruption, most recently in 2002.

A new report from the Congressional Research Service surveys the history of congressional expulsions and the related case law. See Expulsion of Members of Congress: Legal Authority and Historical Practice by Cynthia Brown and Todd Garvey, January 11, 2018:

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

Trends in Bank Secrecy Act/Anti-Money Laundering Enforcement, January 12, 2018:

The Logan Act: An Overview of a Sometimes Forgotten 18th Century Law, CRS Legal Sidebar, January 12, 2018:

Marbury v. Madison Returns! The Supreme Court Considers the Scope of "Judicial" Power, CRS Legal Sidebar, January 16, 2018:

House Judiciary to Mark Up H.R. 4170, the Disclosing Foreign Influence Act, CRS Legal Sidebar, January 16, 2018:

Supreme Court Agrees to Hear Constitutional Challenge to SEC Administrative Law Judges, CRS Legal Sidebar, January 16, 2018:

Recent Changes in the Estate and Gift Tax Provisions, updated January 11, 2018:

Funding and Financing Highways and Public Transportation, updated January 11, 2018:

Wilderness: Issues and Legislation, updated January 17, 2018:

District Court Enjoins DACA Phase-Out: Explanation and Takeaways, CRS Legal Sidebar, January 11, 2018:

The Committee on Foreign Investment in the United States (CFIUS), updated January 16, 2018:

China-U.S. Trade Issues, updated January 11, 2018:

History, Evolution, and Practices of the President's State of the Union Address: Frequently Asked Questions, updated January 12, 2018:

******************************

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

The Secrecy News blog is at:
      https://fas.org/blogs/secrecy/

To SUBSCRIBE to Secrecy News, go to:
     https://fas.org/sgp/news/secrecy/subscribe.html

To UNSUBSCRIBE, go to:
      https://fas.org/sgp/news/secrecy/unsubscribe.html

OR email your request to saftergood@fas.org

Secrecy News is archived at:
      https://fas.org/sgp/news/secrecy/index.html

SUPPORT the FAS Project on Government Secrecy with a donation here:
      https://fas.org/donate/