Science & Technology Issues Facing Congress, & More from CRS

Science and technology policy issues that may soon come before Congress were surveyed in a new report from the Congressional Research Service.

Overarching issues include the impact of recent reductions in federal spending for research and development.

“Concerns about reductions in federal R&D funding have been exacerbated by increases in the R&D investments of other nations (China, in particular); globalization of R&D and manufacturing activities; and trade deficits in advanced technology products, an area in which the United States previously ran trade surpluses. At the same time, some Members of Congress have expressed concerns about the level of federal funding in light of the current federal fiscal condition. In addition, R&D funding decisions may be affected by differing perspectives on the appropriate role of the federal government in advancing science and technology.”

See Science and Technology Issues in the 115th Congress, March 14, 2017.

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

The American Health Care Act, March 14, 2017

Previewing a 2018 Farm Bill, March 15, 2017

EPA Policies Concerning Integrated Planning and Affordability of Water Infrastructure, updated March 14, 2017

National Park Service: FY2017 Appropriations and Ten-Year Trends, updated March 14, 2017

Qatar: Governance, Security, and U.S. Policy, updated March 15, 2017

Northern Ireland: Current Issues and Ongoing Challenges in the Peace Process, updated March 14, 2017

Navy LX(R) Amphibious Ship Program: Background and Issues for Congress, updated March 14, 2017

Under Pressure: Long Duration Undersea Research

“The Office of Naval Research is conducting groundbreaking research into the dangers of working for prolonged periods of time in extreme high and low pressure environments.”

Why? In part, it reflects “the increased operational focus being placed on undersea clandestine operations,” said Rear Adm. Mathias W. Winter in newly published answers to questions for the record from a February 2016 hearing.

“The missions include deep dives to work on the ocean floor, clandestine transits in cold, dark waters, and long durations in the confines of the submarine. The Undersea Medicine Program comprises the science and technology efforts to overcome human shortfalls in operating in this extreme environment,” he told the House Armed Services Committee.

See DoD FY2017 Science and Technology Programs: Defense Innovation to Create the Future Military Force, House Armed Services Committee hearing, February 24, 2016.

Garwin to Receive Presidential Medal of Freedom

The celebrated and accomplished individuals selected by President Obama to receive the Presidential Medal of Freedom — the nation’s highest civilian honor — include figures such as Kareem Abdul-Jabbar, Bill and Melinda Gates, Robert Redford, Bruce Springsteen, Michael Jordan– and Richard L. Garwin.

As noted by a November 16 White House news release, “Richard Garwin is a polymath physicist who earned a Ph.D. under Enrico Fermi at age 21 and subsequently made pioneering contributions to U.S. defense and intelligence technologies, low-temperature and nuclear physics, detection of gravitational radiation, magnetic resonance imaging (MRI), computer systems, laser printing, and nuclear arms control and nonproliferation.”

The Medals will be presented at the White House on November 22.

The giving of awards is fraught with latent meanings and assertions of power and identity (as the hullabaloo over Bob Dylan’s Nobel Prize, and Dylan’s muted response to it, show).

In this case, a Presidential Medal of Freedom will hardly enlarge the reputation of Garwin, who could not be more highly esteemed by those who know him or are familiar with his work.

But it casts a somewhat unexpected and therefore moving new light on the Obama White House, which had the breadth of awareness to recognize Garwin and to select him for this honor, together with those who are more widely famous.

Over here, Garwin is practically family, having been a member of the Board of the Federation of American Scientists for many years and a supporter of the organization, including the project on government secrecy, for even longer.

FAS maintains the Garwin Archive, an online collection of many of his published and unpublished works. Earlier this week, we posted slides from his latest paper entitled “Don’t Reprocess Spent Fuel from Light-Water Reactors,” which was presented this month at a seminar in China.

New Rules on Classified Human Subject Research at the Dept of Energy

The Department of Energy last month issued new guidance on the conduct of classified scientific research involving human subjects.

While all human subject research is governed by federal regulations, the new DOE policy imposes several additional requirements whenever such research is to be performed on a classified basis.

For example, the proposed classified research must be reviewed and approved in advance by an Institutional Review Board, and the Board must include a non-scientist member and a member who is not a governmental employee (though he or she must hold a security clearance for this purpose). Also, the normal requirement for informed consent by the human subject cannot be waived.

See Protection of Human Subjects in Classified Research, DOE Notice N 443.1, approved January 21, 2016.

The nature of any such classified human subject research was not described. Speculatively, it might include certain types of research related to polygraph testing or other deception detection techniques. In the past, the Atomic Energy Commission notoriously carried out radiation experiments on unwitting human subjects, and the Central Intelligence Agency conducted behavior modification experiments involving drugs and other stimuli.

It seems that DOE today does little classified human subject research at its own initiative. Rather, “Almost all of the classified [DOE] human subjects research is done on behalf of other Federal sponsors under full cost recovery,” according to a related 2015 DOE memorandum.

The new DOE guidance was prepared after Department attorneys determined last year that a 1997 policy issued by President Bill Clinton was still in effect and applicable to DOE and its contractors. See Strengthened Protections for Human Subjects of Classified Research, March 27, 1997.

Department of Defense policy on classified research involving human subjects is set forth in Protection of Human Subjects and Adherence to Ethical Standards in DoD-Supported Research, DoD Instruction 3216.02, November 8, 2011.

Of possible related interest, the National Declassification Center announced today that 37 cubic feet of classified subject files from the Director of the Office of Science and Technology Policy (OSTP) had been declassified and made available to researchers.

Science Experiments Blocked Due to Safety Risks

The U.S. government blocked dozens of life science experiments over the past decade because they were deemed to pose undue risks to public health and safety.

Between 2006 and 2013, researchers submitted 618 potentially restricted experiment proposals for review by the Centers for Disease Control (CDC) Division of Select Agents and Toxins (DSAT), according to a new study published in the journal Health Security.

Fifteen percent of those (91) were found to meet the regulatory definition of a “restricted experiment.” 31 of those experiments were nevertheless approved because they included appropriate safety measures.

But “DSAT did not approve 60 restricted experiment requests due to potentially serious biosafety risks to public health and safety,” researchers found. “All 60 denied restricted experiments proposed inserting drug resistance traits into select agents that could compromise the control of disease.”

See Review of Restricted Experiment Requests, Division of Select Agents and Toxins, Centers for Disease Control and Prevention, 2006-2013 (abstract only) by Jacinta Smith, Denise Gangadharan, and Robbin Weyant, Health Security, Vol. 13, No. 5, September 2015: 307-316.

Regulatory restrictions on research can infringe on academic freedom and may have the unintended consequence of foreclosing important — and beneficial — avenues of scientific investigation.

But the risks involved in genetic manipulation of biological agents are so profound that almost everyone agrees that some limits are necessary and appropriate.

“A product resulting from a restricted experiment has the potential to be directly misapplied by others to pose a threat to public health and safety, agricultural crops and other plants, animals and/or the environment,” the authors wrote. “In addition, the accidental release of a product of a restricted experiment may compromise the control or treatment of the disease agent in humans, animals, and/or plants.”

There have been four reported cases involving violations of restricted experiment regulations in recent years, the authors noted. Two of the restricted experiment violations resulted in civil penalties ranging from $40,000 to $1 million.

Some say the existing regulatory regime does not go far enough to restrict hazardous research.

“In the current Wild West of otherwise completely unregulated, and otherwise nearly completely unmonitored, US pathogens research, the requirement for review of ‘restricted experiments’ under the select agent rule is the one small bright spot,” said Richard H. Ebright, a molecular biologist at Rutgers University.

He noted that current regulations specify only two categories of potentially restricted experiments, which leaves much research on pathogens beyond regulatory control or oversight.

“The most effective avenue for the [US government] to implement a requirement for review of other pathogen research projects–for example, to implement a requirement for review of pathogen research projects that create new potential pandemic pathogens–would be to add additional ‘restricted experiments’ to the select agent rule,” Dr. Ebright said.

Invention Secrecy Orders Reach a 20 Year High

On October 27, 1977, Dr. Gerald F. Ross filed a patent application for a new invention he had devised to defeat the jamming of electromagnetic transmissions at specified frequencies. But it was not until June 17, 2014 — nearly 37 years later — that his patent was finally granted (Anti-jam apparatus for baseband radar systems, patent number 8,754,801).

In the interim, Dr. Ross’s patent application had been subject to a secrecy order under the Invention Secrecy Act of 1951, which both prevented issuance of the patent and prohibited its public disclosure.

At the end of Fiscal Year 2014 (on September 30), there were 5,520 such invention secrecy orders in effect, according to statistics released by the U.S. Patent and Trademark Office under the Freedom of Information Act.

That is the highest number of invention secrecy orders in effect since 1994. It is unclear whether this reflects growing innovation in sensitive technology areas, or a more restrictive approach to disclosure by government agencies.

In fact, the overwhelming majority of current secrecy orders were issued in prior years, but there were 97 new secrecy orders that were imposed in FY 2014. Meanwhile, there were 22 existing orders that were rescinded, including the order concerning Dr. Ross’s invention.

Under the Invention Secrecy Act, secrecy orders may be imposed whenever, in the judgment of an executive branch agency, the disclosure of a patent application would be “detrimental to the national security.” This is a lower, less demanding standard than that for national security classification (which applies to information that could “cause damage to national security”) and not all secret inventions are classified. Some may be unclassified but export controlled, or otherwise restricted.

Other newly disclosed inventions formerly subject to a secrecy order that was rescinded by the government during the past year include these (according to data obtained from the Patent and Trademark Office):

Method of producing warheads containing explosives, patent number 8,689,669

Method of treating a net made from ultra-high-molecular-weight polyethylene, patent number 8,808,602

Ballistic modification and solventless double propellant, and method thereof, patent number 8,828,161

Ballistic modifier formulation for double base propellant, patent number 8,864,923

Synthetic aperture radar smearing, patent number 8,836,569

Wanted: Astronomer with Top Secret Clearance

NASA’s orbiting James Webb Space Telescope will be “the premier observatory of the next decade, serving thousands of astronomers worldwide, and studying every phase in the history of our Universe, ranging from the first luminous glows after the Big Bang, to the formation of solar systems capable of supporting life on planets like Earth, to the evolution of our own Solar System.”

So why does its Director need to have a Top Secret/SCI security clearance, as specified in the job description posted last month on USA Jobs?

Clearly, the secrets of the universe do not lend themselves to, or require, national security classification controls, let alone non-disclosure agreements or polygraph testing.

But in practice, the civilian space program intersects the national security space program at multiple points, and former CIA analyst Allen Thomson suggested that the future Webb Director might need a Top Secret intelligence clearance in order to engage with the National Reconnaissance Office on space technology and operations, for example.

The Webb Space Telescope “will complement and extend the discoveries of the Hubble Space Telescope, with longer wavelength coverage and greatly improved sensitivity,” according to NASA. “The longer wavelengths enable the Webb telescope to look much closer to the beginning of time and to hunt for the unobserved formation of the first galaxies, as well as to look inside dust clouds where stars and planetary systems are forming today.”

The Webb Telescope has a projected launch date in 2018.

JASON Views Challenges of Electronic Health Data

The ongoing transition to electronic storage of individual health information was examined in a newly released study from the JASON scientific advisory panel.

“The two overarching goals of moving to the electronic exchange of health information are improved health care and lower health care costs. Whether either, or both, of these goals can be achieved remains to be seen, and the challenges are immense,” the JASON study says.

See A Robust Health Data Infrastructure, prepared for the Department of Health and Human Services, November 2013 (approved for release April 2014).

The JASON study addresses the tension between personal health information, which is “sensitive and therefore must be carefully safeguarded,” and aggregated population health data, which are “a highly valuable, and largely untapped, resource for basic and clinical research.”

“It is in the public interest to make such [aggregated population] information available for scientific, medical, and economic purposes.” Reconciling these competing imperatives of privacy and information sharing is one of the challenges to be overcome.

The JASONs, who normally deal with defense science and technology, strain to affirm a relationship between health and national security. (“From a national security perspective it is important to have an accurate assessment of the current health and potential health vulnerabilities of the population.”)

Interestingly, they suggest that because the United States is less ethnically homogenous than many other countries, it “has a special advantage” in conducting certain types of medical research.

The U.S. “is a genetic melting pot that can be a crucible for discoveries related to personalized medicine and the genetic basis of disease,” the JASONs said.

 

Garwin: The Movie

Physicist and problem solver extraordinaire Richard L. Garwin is the subject of a new documentary film, Garwin.

A screening of the film, sponsored by FAS and the American Association for the Advancement of Science, will be held on April 22 in Washington, DC.

JASON on Enhanced Geothermal Energy Systems

The potential for new technologies to harvest energy from the Earth’s crust was considered in a new report from the elite JASON science advisory board on “Enhanced Geothermal Systems” (EGS).

“EGS offers important opportunities for increasing the contribution of geothermal energy to U.S. power production: by a few-fold over the next few years, according to our estimation, and much more so if this initial success is appropriately leveraged over subsequent years,” the report concluded.

As described in the report, EGS entails drilling deep into the Earth’s crust — 1 to 5 kilometers or more — and forcing a fluid (water or brine) through hot, permeable rock. Energy from the heated fluid can then be extracted.

Of course, the technology is not without hazards. One is the potential for pollution of potable water acquifers. Another more ominous concern is “induced seismicity” — or artificially-generated earthquakes.

“Induced seismicity is a relatively well-documented phenomenon associated with changing fluid pressures at depth,” the report notes. The JASONs assert that “there is a basis for controlling the induced seismicity and therefore for minimizing this potential hazard attributable to EGS.”

The new JASON report is elegantly written and can be at least partially understood by non-specialist readers who may have forgotten their heat and mass transfer equations. A copy was obtained by Secrecy News.

Over the past year, the JASONs completed eight classified studies containing sensitive compartmented information (SCI) that have not been disclosed. Several other unclassified reports were also performed and their release is pending.

In 2012, the Central Intelligence Agency refused to release a JASON report entitled “Metamaterials.”

Update: For more background on enhanced geothermal systems, see this story in Scientific American.

Defense Science Board Urges Expanded Global Monitoring

While others speak of curbing intelligence surveillance activities, the Defense Science Board argues in a new report that the U.S. government should expand and accelerate global monitoring for purposes of detecting nuclear proliferation as “a top national security objective.”

Intelligence techniques and technologies that are used to combat terrorism should also be harnessed to address the threat of proliferation, said the new DSB report, entitled “Assessment of Nuclear Monitoring and Verification Technologies,” January 2014.

“The advances in persistent surveillance, automated tracking, rapid analyses of large and multi-source data sets, and open source analyses to support conventional warfighting and counterterrorism have not yet been exploited by the nuclear monitoring community…. New intelligence, surveillance, and reconnaissance (ISR) technologies, demonstrated in recent conflicts, offer significant promise for monitoring undesirable nuclear activity throughout the free world.”

The National Security Agency, among others, has pointed the way, the report suggested. A newly integrated global awareness system for counterproliferation should “build on lessons and experiences of successful national security capabilities, such as… NSA’s counterterrorism capabilities….”

“The ‘big data’ technologies for extracting meaning from vast quantities of data that are being developed commercially in the information technology (IT) industry, and for other purposes in DoD and the IC, need to be extended and applied to nuclear monitoring.”

In particular, “Exploiting the cyber domain should certainly be a big part of any nuclear monitoring effort. Both passive, depending on what is sent voluntarily, and active sources should be considered. Data gathered from the cyber domain establishes a rich and exploitable source for determining activities of individuals, groups and organizations needed to participate in either the procurement or development of a nuclear device…. Many of the new technology advances in data exfiltration, covert implantation, etc., hold promise for successful multi-INT collection and exploitation in non-permissive environments.”

“Monitoring for proliferation should be a top national security objective — and one that the nation is not yet organized or fully equipped to address.”

At the same time, the DSB report emphasized the need for increased openness and transparency, both to strengthen international confidence and stability and to simplify the challenge of global monitoring of proliferation. (As used by the DSB — and the USG — the term transparency in this context seems to mean the exchange of data among interested governments, and does not necessarily imply release of information to the public.)

The DSB authors recommend “a comprehensive, sustained, policy-based diplomatic approach coordinated across the U.S. Government and with other nations devoted expressly to advance the cause of openness and transparency writ large…. This situation should be addressed with the highest priority.”

“The Task Force envisions a multi-year effort, which can pay large dividends in terms of a universal transparency that would improve strategic and tactical stability against nuclear war among all nuclear weapons states, as well as achieve enhanced confidence building for nonproliferation efforts.”

“All parties would benefit from the national security stability that would ensue from having transparent knowledge of the numbers/types of other nations’ nuclear arsenals, while each nation in turn makes the knowledge of their own SNM [special nuclear material] and/or nuclear weapons inventories available to the others.”

(The report does not mention the case of Israel, whose policy of nuclear opacity — not transparency — is supported at least tacitly by the U.S. government.)

“The Task Force does believe that the times are now propitious to move forward on a path to develop universal transparency regimes that can simultaneously fulfill these goals and requirements through an international process for achieving universal knowledge of nuclear weapon inventories and SNM inventories, and that the U.S. should lead in such an effort.”

“Indeed, the U.S. has already declassified the size of its current nuclear arsenal.”

Unfortunately, that last assertion is not correct.  In May 2010, the U.S. government did declassify the size of the U.S. nuclear arsenal as of September 2009.  (At that time, there were 5,113 warheads.) But if you ask how big the arsenal is today, it turns out that the answer is once again classified. The Federation of American Scientists has petitioned the Department of Energy to revise that judgment in favor of public disclosure.

The new DSB report contains several other incidental observations of interest.

*    To date, the U.S. has entered into roughly 25 agreements on nuclear cooperation with other countries (known as 123 Agreements).

*    Of the nearly 1,000 active satellites in earth orbit, there are 200 engaged in earth observation.

*    Some non-governmental analysis of commercial satellite imagery is of poor quality and “may introduce additional noise into U.S. and international monitoring systems. Some experts are concerned that bad data and bad analysis could increasingly tarnish or mask more reliable data…. There have already been major analytical errors made by untrained imagery analysts who have published openly.”

*    The efficient analysis of big data can be undermined by the “transmission latency” (or delayed transfer) of data stored in a cloud-based architecture. Therefore, the DSB says that when it comes to nuclear monitoring, “the analytics need to stay near the data.” Similar concerns concerning prompt access are said to arise in the context of NSA analysis of telephony metadata.

Nuclear Weapons Scientists Are Sad

Scientists in the nuclear weapons program at the Lawrence Livermore National Laboratory (LLNL) are feeling blue, according to a recent internal report.

“We heard that there is a sense of increased stress and reduced morale among LLNL technical employees in the weapons program, stemming from a (perceived, at least) combination of reduced resources and increased work requirements,” the report said.

Of course, many people are sad, for many reasons. The Shekhinah is in exile. But low morale among weapons scientists can have negative programmatic and national security consequences.

Therefore, “We recommend attention to the potential danger that activities that are important for long-term stockpile stewardship may be dropped in favor of seemingly urgent near-term requirements,” the report said. See “Predictive Science Panel: Unclassified Report,” LLNL Meeting, August 20-22, 2013.

A new study of the future of the U.S. nuclear weapons arsenal proposes “a framework for evaluating future reductions or modifications of the U.S. nuclear force.”  The study, performed for the Department of Energy, warns against irreversible changes in the arsenal (which it calls “roach motels of reduction”), reversible but undesirable changes (“box canyons in the Valley of Disarmament”), and other types of unfavorable actions (“wrong turns on the road to the future”). See “Reductions Without Regret” by John A. Swegle and Douglas J. Tincher, Savannah River National Laboratory, September 2013. The report does not necessarily represent the views of DoE or the US Government (or FAS).

A new report from the CATO Institute calls for the elimination of two legs of the nuclear triad (missiles and bombers) in favor of an entirely submarine-based nuclear force.  See “The End of Overkill?” by Benjamin Friedman, Christopher Preble, and Matt Fay, September 24, 2013.

Meanwhile, Hans Kristensen of FAS discovers a surprising fact: “The latest data from the New START Treaty shows that Russia has reduced its deployed strategic nuclear forces while the United States has increased its force over the past six months.” This is an anomalous result of the counting process, not a new arms buildup, but it is noteworthy nonetheless. See “New START Data Shows Russia Reducing, US Increasing Nuclear Forces,” FAS Strategic Security Blog, October 2.