[net-gold] Secrecy News -- 12/01/11
- From: "David P. Dillard" <jwne@xxxxxxxxxx>
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- Date: Thu, 1 Dec 2011 12:28:04 -0500 (EST)
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Date: Thu, 1 Dec 2011 11:39:33 -0500
From: Steven Aftergood <saftergood@xxxxxxx>
To: Steven Aftergood <saftergood@xxxxxxx>
Subject: Secrecy News -- 12/01/11
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SECRECY NEWS
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from the FAS Project on Government Secrecy
Volume 2011, Issue No. 111
December 1, 2011
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Secrecy News Blog:
http://www.fas.org/blog/secrecy/
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** NEW INTELLIGENCE DIRECTIVE ON CONGRESSIONAL NOTIFICATION
** SECRET SESSIONS OF CONGRESS
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NEW INTELLIGENCE DIRECTIVE ON CONGRESSIONAL NOTIFICATION
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Director of National Intelligence James Clapper has issued a new
Intelligence Community Directive on "Congressional Notification" that
generally encourages "a presumption of notification" to Congress regarding
significant intelligence activities.
The November 16 directive, designated ICD 112, elaborates on the
intelligence community's responsibility to keep the congressional oversight
committees "fully and currently informed" of U.S. intelligence activities,
which is required by the National Security Act.
http://www.fas.org/irp/dni/icd/icd-112.pdf
Among the types of activities that would normally warrant congressional
notification, the directive says, are:
-- intelligence activities that entail significant risk of exposure,
compromise, and loss of human life;
-- activities undertaken pursuant to specific direction of the President or
the National Security Council, other than covert action (which is subject to
a separate reporting requirement);
-- a significant unauthorized disclosure of classified intelligence
information;
-- a conclusion that an intelligence product is the result of foreign
deception or denial activity, or otherwise contains major errors in
analysis;
-- intelligence activities that are believed to be in violation of U.S. law;
and so forth.
"Not every intelligence activity warrants written notification," the
directive says. That determination is "a judgment based on all the facts
and circumstances known to the IC element, and on the nature and extent of
previous notifications and briefings to Congress on the same matter.... If
it is unclear whether a notification is appropriate, IC elements should
decide in favor of notification."
The required notifications "shall contain a concise statement of the
pertinent facts, an explanation of the significance of the intelligence
activity, and the role of all departments and agencies involved in the
intelligence activity."
SECRET SESSIONS OF CONGRESS
Congress has the constitutional authority to conduct its business in secret
and to close its proceedings to the public whenever it deems secrecy
necessary. A new report from the Congressional Research Service reviews the
justification, history and frequency of secret sessions of Congress.
"Since 1929, the Senate has held 56 secret sessions, generally for reasons
of national security or for consideration of impeachment questions. On
December 20, 2010, for example, the Senate met in closed session to discuss
the New START Treaty with Russia," the CRS report said. "Since 1830, the
House has met behind closed doors only four times: in 1979, 1980, 1983, and
2008."
"The proceedings of a secret session are not published unless the relevant
chamber votes, during the meeting or at a later time, to release them. Then,
those portions released are printed in the Congressional Record." See
"Secret Sessions of the House and Senate: Authority, Confidentiality, and
Frequency," November 30, 2011:
http://www.fas.org/sgp/crs/secrecy/R42106.pdf
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_______________________________________________
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Secrecy News is written by Steven Aftergood and published by the Federation
of American Scientists.
The Secrecy News Blog is at:
http://www.fas.org/blog/secrecy/
To SUBSCRIBE to Secrecy News, go to:
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To UNSUBSCRIBE, go to
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OR email your request to saftergood@xxxxxxx
Secrecy News is archived at:
http://www.fas.org/sgp/news/secrecy/index.html
Support the FAS Project on Government Secrecy with a donation:
http://www.fas.org/member/donate_today.html
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_______________________
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Steven Aftergood
Project on Government Secrecy
Federation of American Scientists
web: www.fas.org/sgp/index.html
email: saftergood@xxxxxxx
voice: (202) 454-4691
twitter: @saftergood
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