Monthly Archives: January 2012

Boat Building in Langkawi

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SECRECY NEWS

from the FAS Project on Government Secrecy
Volume 2012, Issue No. 5
January 23, 2012

Secrecy News Blog: http://www.fas.org/blog/secrecy/

** COURT SAYS REVIEW OF SECURITY CLEARANCE DISPUTE IS “PROHIBITED”
** AFGHANISTAN CASUALTIES, AND MORE FROM CRS
** DOD SUPPORT TO FOREIGN DISASTER RELIEF
** INTELLIGENCE SUPPORT TO MILITARY OPERATIONS

COURT SAYS REVIEW OF SECURITY CLEARANCE DISPUTE IS “PROHIBITED”

A government agency’s decision to revoke an employee’s security clearance
cannot be reviewed by a federal court even if the decision is based on
ethnic discrimination or religious prejudice or other unconstitutional
grounds, a court said last week.

http://www.fas.org/sgp/jud/hegab-opinion.pdf

Judge James C. Cacheris of the Eastern District of Virginia dismissed a
lawsuit brought by Mahmoud M. Hegab, a budget analyst at the National
Geospatial-Intelligence Agency (NGA). Mr. Hegab alleged that his security
clearance had been revoked by NGA “based solely on [his] wife’s religion,
Islam, her constitutionally protected speech, and her association with, and
employment by, an Islamic faith-based organization.” (“Clearance Lost Due
to Anti-Islamic Prejudice, Lawsuit Says,” Secrecy News, October 6, 2011)

http://www.fas.org/blog/secrecy/2011/10/clearance_lawsuit.html

The NGA disputed the claim and moved to dismiss the lawsuit.

http://www.fas.org/sgp/jud/hegab-mtdmemo11.pdf

Mr. Hegab, represented by attorney Sheldon I. Cohen, responded in
opposition on December 14.

http://www.fas.org/sgp/jud/hegab-opp15.pdf

But in his January 19 opinion, Judge Cacheris said that it didn’t matter
even if the plaintiff’s allegations were true, because the court lacked the
authority to review the underlying bases of the dispute.

“A determination of whether Hegab’s security clearance was revoked due
to legitimate national security concerns or, as Hegab alleges,
constitutionally impermissible bases would necessarily require a review of
the merits of NGA’s decision. Absent clear congressional directive, which
Hegab fails to identify, such a review is flatly prohibited by Egan and
Fourth Circuit precedent,” Judge Cacheris wrote.

“Egan” here refers to the 1988 U.S. Supreme Court decision in the case of
Department of the Navy v. Egan, which has often been invoked in support of
broad and unreviewable executive branch authority in national security
policy.

A critique of Egan and its subsequent application was presented by
constitutional scholar Louis Fisher, then of the Law Library of Congress,
in “Judicial Interpretations of Egan,” November 13, 2009.

http://www.fas.org/sgp/eprint/egan.pdf

AFGHANISTAN CASUALTIES, AND MORE FROM CRS

New or updated reports from the Congressional Research Service that have
not been made readily available to the public include the following.

“Afghanistan Casualties: Military Forces and Civilians,” January 18, 2012:

http://www.fas.org/sgp/crs/natsec/R41084.pdf

“FY2012 National Defense Authorization Act: Selected Military Personnel
Policy Issues,” January 5, 2012:

http://www.fas.org/sgp/crs/natsec/R41874.pdf

“Spectrum Policy in the Age of Broadband: Issues for Congress,” January 5,
2012:

http://www.fas.org/sgp/crs/misc/R40674.pdf

“The Federal Bureau of Investigation and Terrorism Investigations,”
December 28, 2011:

http://www.fas.org/sgp/crs/terror/R41780.pdf

“Economic Downturns and Crime,” December 19, 2011:

http://www.fas.org/sgp/crs/misc/R40726.pdf

DOD SUPPORT TO FOREIGN DISASTER RELIEF

The Department of Defense has prepared a guide for military personnel who
are engaged in foreign disaster relief operations, an endeavor which arises
with some frequency.

“The U.S. Government (USG) responds to approximately 70-80 natural
disasters across the globe each year. In approximately 10-15 percent of
these disaster responses, the Department of Defense (DoD) lends support to
the overall USG effort.”

“DoD disaster assistance can range from a single aircraft delivering
relief supplies, to a fullscale deployment of a brigade-size or larger task
force. Though the overall percentage of disasters requiring DoD support is
relatively small, these disasters tend to be crises of the largest
magnitude and/or the greatest complexity.”

The new guide “offers an overarching guide and reference for military
responders in disaster relief operations.” See “Department of Defense
Support to Foreign Disaster Relief,” GTA-90-01-030, 13 July 2011 (large
pdf):

http://www.fas.org/irp/doddir/dod/disaster.pdf

INTELLIGENCE SUPPORT TO MILITARY OPERATIONS

The Joint Chiefs of Staff have produced updated doctrine on intelligence
support to military operations. The new doctrine reflects changes in
intelligence organizations, roles and missions.

Among other things, the new publication introduces the term
“biometric-enabled intelligence” or BEI. “BEI is derived from the
collection, processing, and exploitation of biometric signatures; the
contextual data associated with those signatures; and other available
information that answers a commander’s or other decision maker’s
information needs concerning persons, networks, or populations of
interest.”

See Joint Publication 2-01, “Joint and National Intelligence Support to
Military Operations,” 05 January 2012:

http://www.fas.org/irp/doddir/dod/jp2_01.pdf

_______________________________________________
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:
http://www.fas.org/sgp/news/secrecy/subscribe.html

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

OR email your request to saftergood@fas.org

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

_______________________
Steven Aftergood
Project on Government Secrecy
Federation of American Scientists
web: http://www.fas.org/sgp/index.html
email: saftergood@fas.org
voice: (202) 454-4691
twitter: @saftergood

SECRECY NEWS

from the FAS Project on Government Secrecy
Volume 2012, Issue No. 4
January 19, 2012

Secrecy News Blog: http://www.fas.org/blog/secrecy/

** ARMY FORESEES EXPANDED USE OF DRONES IN U.S. AIRSPACE
** FOREIGN MILITARY ASSISTANCE, AND MORE FROM CRS

ARMY FORESEES EXPANDED USE OF DRONES IN U.S. AIRSPACE

The Army issued a new directive last week to govern the growing use of
unmanned aircraft systems (UAS) or “drones” within the United States for
training missions and for “domestic operations.”

“The Army’s unmanned aircraft systems represent emerging technology that
requires access to the National Airspace System,” wrote Army Secretary John
M. McHugh in a January 13 memorandum.

Towards that end, the Army produced a revised policy on UAS operations to
support “expanded UAS access to the National Airspace System.” A copy of
the new policy was obtained by Secrecy News. See Army Directive 2012-02,
January 13, 2012:

http://www.fas.org/irp/doddir/army/ad2012_02.pdf

Much of the Army’s UAS activity will be devoted to UAS operator training
conducted at or near military facilities, the policy indicates. But beyond
such training activities, the military also envisions a role for UAS in
unspecified “domestic operations” in civilian airspace, according to a 2007
Memorandum of Agreement between the Department of Defense and the Federal
Aviation Administration, which regulates domestic air traffic.

The 2007 Memorandum, which is appended to the new Army directive, was said
to “allow, in accordance with applicable law, increased access for DoD UAS
into the elements of the NAS [National Airspace System] outside of
DoD-managed Restricted Areas or Warning Areas.”

The 2007 agreement was intended to “ensure DoD UAS assets have NAS access
for domestic operations, including the War on Terror (WOT)…. This
guidance applies to all DoD UAS, whether operated by Active, Reserve,
National Guard, or other personnel.”

A prior edition of the Army’s “Unmanned Aircraft System Flight
Regulations,” which will be updated to incorporate the latest policy, can
be found on the Federation of American Scientists web site here:

http://www.fas.org/irp/doddir/army/ar95-23.pdf

The Electronic Frontier Foundation last week filed a Freedom of
Information Act lawsuit seeking information on domestic drone operations.

https://www.eff.org/press/releases/who-flying-unmanned-aircraft-us

FOREIGN MILITARY ASSISTANCE, AND MORE FROM CRS

Some new or updated reports from the Congressional Research Service that
have not been made readily available to the public include the following.

“Security Assistance Reform: ‘Section 1206’ Background and Issues for
Congress,” January 13, 2012:

http://www.fas.org/sgp/crs/natsec/RS22855.pdf

“The Berry Amendment: Requiring Defense Procurement To Come From Domestic
Sources,” January 13, 2012:

http://www.fas.org/sgp/crs/natsec/RL31236.pdf

“In Brief: Assessing DOD’s New Strategic Guidance,” January 12, 2012:

http://www.fas.org/sgp/crs/natsec/R42146.pdf

“Circular A-76 and the Moratorium on DOD Competitions: Background and
Issues for Congress,” January 17, 2012:

http://www.fas.org/sgp/crs/misc/R40854.pdf

“The Federal Networking and Information Technology Research and
Development Program: Background, Funding and Activities,” January 13, 2012:

http://www.fas.org/sgp/crs/misc/RL33586.pdf

“Nuclear Power Plant Design and Seismic Safety Considerations,” January
12, 2012:

http://www.fas.org/sgp/crs/misc/R41805.pdf

“Chemical Facility Security: Issues and Options for the 112th Congress,”
January 13, 2012:

http://www.fas.org/sgp/crs/homesec/R41642.pdf

_______________________________________________
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:
http://www.fas.org/sgp/news/secrecy/subscribe.html

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

OR email your request to saftergood@fas.org

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

_______________________
Steven Aftergood
Project on Government Secrecy
Federation of American Scientists
web: http://www.fas.org/sgp/index.html
email: saftergood@fas.org
voice: (202) 454-4691
twitter: @saftergood

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