SECRECY NEWS
from the FAS Project on Government Secrecy
Volume 2018, Issue No. 6
January 24, 2018

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

BUDGET LAW MAY "NEUTER" INTELLIGENCE OVERSIGHT

The new budget law that keeps the government open for the next three weeks includes a provision that would permit the transfer and spending of intelligence funds during that period without congressional authorization or approval.

"This language is troublesome for the [Senate intelligence] committee because it would authorize the intelligence community to spend funds 'notwithstanding' the law that requires prior authorization by the Senate Intelligence Committee or by the House Intelligence Committee," said intelligence committee chairman Sen. Richard Burr on Monday.

"Effectively, the intelligence community could expend funds as it sees fit without an authorization bill in place."

"Let me just say to my colleagues, a situation like this is untenable," Sen. Burr said. "If you neuter the committee, you neuter our oversight."

But efforts by Senator Burr and committee vice chairman Senator Mark Warner to modify the provision were blocked by Appropriations Committee chairman Sen. Thad Cochran. He said the controversial language "is included exactly as requested by the administration" and with his support the budget measure was enacted into law.

The provision was first reported last week by Ryan Grim in The Intercept.

The override of normal oversight requirements was requested by the Office of Management and Budget at the urging of the Pentagon, the Washington Examiner reported. See "Provision in shutdown-ending bill stokes fear of oversight-free intelligence spending" by Steven Nelson, January 23, 2018:

An unnamed congressional staffer told the paper that the change mainly pertains to missile defense funds and "does not give the intelligence community a blank check at all." The staffer also contended that it does not materially affect the role of the intelligence committees.

But the chairman and vice chairman disagree.

"For the next 3 weeks we will have an inability to exercise, in our estimation, the tools that we might need," Senator Burr said.

REVISITING THE MARSHALL PLAN, AND MORE FROM CRS

The Marshall Plan, the program of U.S. financial assistance that helped spark the economic recovery of western Europe following World War II, is considered to be one of the most successful U.S. foreign policy initiatives ever and one that might have implications for today.

"Although the Marshall Plan has its critics and occurred during a unique point in history, many observers believe it offers lessons that may be applicable to contemporary foreign aid programs," according to a new report from the Congressional Research Service that reviews its achievements. See The Marshall Plan: Design, Accomplishments, and Significance, January 18, 2018:

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

Temporary Protected Status: Overview and Current Issues, updated January 17, 2018:

Government Contract Bid Protests In Brief: Analysis of Legal Processes and Recent Developments, January 19, 2018:

Highway Bridge Conditions: Issues for Congress, updated January 17, 2018:

Prevalence of Mental Illness in the United States: Data Sources and Estimates, updated January 19, 2018:

Iran's Foreign and Defense Policies, updated January 19, 2018:

NLRB Rejects Former Standards Following Appointment of New Members, CRS Legal Sidebar, January 18, 2018:

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

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