SECRECY NEWS
from the FAS Project on Government Secrecy
Volume 2018, Issue No. 31
April 26, 2018

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

MISSILE DEFENSE FLIGHT TEST SECRECY MAY BE REVERSED

Some members of the House Armed Services Committee want the Pentagon's Missile Defense Agency to return to its previous practice of publicly disclosing information about planned flight tests of ballistic missile defense (BMD) systems and components.

Earlier this year, the Department of Defense said that information about BMD flight tests, objectives and schedules was now classified, even though such information had routinely been made public in the past. (DOD Classifies Missile Defense Flight Test Plans, Secrecy News, March 5, 2018).

But in their initial markup of the FY2019 National Defense Authorization Act, members of the House Armed Services Strategic Forces Subcommittee said that the new secrecy was unacceptable, at least with respect to the test schedule.

They directed that "Together with the release of each integrated master test plan of the Missile Defense Agency, the Director of the Missile Defense Agency shall make publicly available a version of each such plan that identifies the fiscal year and the fiscal quarter in which events under the plan will occur."

The pending provision would "require that MDA make the quarter and fiscal year for execution of planned flight tests unclassified." (h/t Kingston Reif)

Aside from the merits of the House language, it represents a noteworthy legislative intervention in national security classification policy.

Under other circumstances, the executive branch might consider it an intolerable infringement on its authority for Congress to require information to be unclassified over and against an agency's own judgment or preference.

But in the context of the context of the ambitious and contentious defense authorization act -- which among other things would establish a new U.S. Space Command under U.S. Strategic Command -- this particular dispute over classification authority recedes into comparative insignificance.

Somewhat relatedly, the Joint Chiefs of Staff have updated DoD doctrine on space operations, with an expanded discussion of natural and man-made threats.

"Our adversaries' progress in space technology not only threatens the space environment and our space assets but could potentially deny us an advantage if we lose space superiority."

The doctrine describes general approaches to defending against threats to space-based assets, including defensive operations, reconstitution, and enhanced resilience through distribution, proliferation and deception. See Joint Publication (JP) 3-14, Space Operations, 10 April 2018:

COVERT VS CLANDESTINE: DEFINING TERMS

The differences between "covert action" performed by the CIA and "clandestine activities" conducted by the military, as well as the distinct legal frameworks and reporting requirements that govern them, are revisited in a new report from the Congressional Research Service.

See Covert Action and Clandestine Activities of the Intelligence Community: Selected Definitions in Brief, April 25, 2018:

Other new and updated reports from the Congressional Research Service that have not been made publicly available this week include the following.

Army Futures Command, CRS Insight, April 24, 2018:

Australia, China, and the Indo-Pacific, CRS Insight, April 23, 2018:

The Consumer Product Safety Act: A Legal Analysis, April 24, 2018:

Frequently Asked Questions About Prescription Drug Pricing and Policy, updated April 24, 2018:

Overview of "Travel Ban" Litigation and Recent Developments, CRS Legal Sidebar, updated April 23, 2018:

Can Corporations be Held Liable under the Alien Tort Statute?, CRS Legal Sidebar, April 24, 2018:

Cross-Border Data Sharing Under the CLOUD Act, April 23, 2018:

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

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