SECRECY NEWS
from the FAS Project on Government Secrecy
Volume 2018, Issue No. 64
October 26, 2018

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

NUCLEAR STOCKPILE DECLASSIFICATION SOUGHT

The Federation of American Scientists asked the Department of Energy and the Department of Defense to declassify and disclose the current size of the U.S. nuclear stockpile, as they have done in past years.

The number of nuclear weapons presently in the U.S. arsenal is deemed "Formerly Restricted Data" (FRD) that is classified under the Atomic Energy Act. Unlike information that is classified by executive order, there is no provision for automatic declassification of such information. Furthermore, information that is classified as FRD requires the concurrence of both the Department of Energy and the Department of Defense in order to be declassified.

But there is a provision of DOE regulations that enables anyone to request the declassification of specific FRD. And so we (once again) invoked that provision to request declassification of the stockpile size.

"We have formally sent this [request] over to the DoD for their consideration," said Dr. Andrew Weston-Dawkes, director of the DOE Office of Classification, to whom the request was directed.

"TAKING" MARINE MAMMALS FOR NATIONAL DEFENSE

The U.S. Navy this month updated its regulations on the use of marine mammals -- such as whales, dolphins, and seals -- for national defense purposes.

See Acquisition, Transport, Care, and Treatment of Navy Marine Mammals, Secretary of the Navy Instruction 3900.41H, 10 October 2018.

The Navy policy on marine mammals follows a 1987 statute (10 USC 7524) under which the Secretary of Defense may authorize "the taking of not more than 25 marine mammals each year for national defense purposes."

The term "take" in this context is ominously defined (in 16 USC 1362) as meaning "to harass, hunt, capture, or kill, or attempt to harass, hunt, capture, or kill any marine mammal."

Dolphins and some other sea mammals can be trained to detect and track undersea objects, among other missions. See U.S. Navy Marine Mammal Program:

The Oceana environmental organization criticized the FY2019 defense authorization act for reducing legal protection for sea mammals.

The act "includes a harmful provision that weakens protections for marine mammals from the U.S. Navy's use of high-intensity active sonar and underwater explosives," the organization said.

ARMS SALES: CONGRESSIONAL REVIEW, AND MORE FROM CRS

New and updated reports from the Congressional Research Service include the following.

Arms Sales: Congressional Review Process, updated October 22, 2018:

Congress Considers Possible Responses to the Killing of a Saudi Journalist, CRS Insight, updated October 22, 2018:

The United States and the "World Court", CRS Legal Sidebar, October 17, 2018:

The Global Compact on Migration (GCM) and U.S. Policy, CRS In Focus, October 16, 2018:

U.S.-Japan Announce New Limited Trade Negotiations, CRS Insight, updated October 17, 2018:

China's Status as a Nonmarket Economy (NME), CRS In Focus, updated October 22, 2018:

China's Currency Policy, CRS In Focus, updated October 22, 2018:

The National Counterintelligence and Security Center (NCSC): An Overview, CRS In Focus, October 18, 2018:

Intelligence Community Whistleblower Protections: In Brief, updated October 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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