John W. Ficklin retired last month from his position as Senior Director for Records and Access Management at the National Security Council. In that capacity he was responsible for declassification of White House records, among other records management duties. He also chaired an interagency classification reform committee that met (and still meets) to consider improvements in classification practices.

Mr. Ficklin was the subject of a moving profile in the Washington Post yesterday. See “Long White House tradition nears end for a family descended from a slave” by Juliet Eilperin, February 7.

His successor at the National Security Council is John P. Fitzpatrick, the former director of the Information Security Oversight Office. On the occasion of Mr. Fitzpatrick’s appointment, the title of the NSC position has been changed to reflect an expanded portfolio of security policy issues. He is now the Senior Director for Records Access and Information Security Management.

A new director of the Information Security Oversight Office has not yet been named.

A new report from the Congressional Research Service examines the “gig” economy and its implications for workers.

“The gig economy is the collection of markets that match providers to consumers on a gig (or job) basis in support of on-demand commerce. In the basic model, gig workers enter into formal agreements with on-demand companies (e.g., Uber, TaskRabbit) to provide services to the company’s clients. Prospective clients request services through an Internet-based technological platform or smartphone application that allows them to search for providers or to specify jobs. Providers (i.e., gig workers) engaged by the on-demand company provide the requested service and are compensated for the jobs.”

“Recent trends in on-demand commerce suggest that gig workers may represent a growing segment of the U.S. labor market. In response, some Members of Congress have raised questions, for example, about the size of the gig workforce, how workers are using gig work, and the implications of the gig economy for labor standards and livelihoods more generally.” See What Does the Gig Economy Mean for Workers?, February 5, 2016.

Another new CRS publication considers a scenario in which the next Congress could revoke any final agency rules that are issued by the Obama Administration after May 2016. See Agency Final Rules Submitted After May 16, 2016, May Be Subject to Disapproval in 2017 Under the Congressional Review Act, CRS Insight, February 4, 2016.

Other new or newly updated CRS reports that have been withheld from public release include the following.

Is Biopower Carbon Neutral?, udpated February 4, 2016

State Minimum Wages: An Overview, updated February 3, 2016

Federal Employees Health Benefits (FEHB) Program: An Overview, updated February 3, 2016

CFTC’s Auditor Finds “Material Error” in FY2015 Financial Statements, CRS Insight, February 3, 2016

Is Broadband Deployment Reasonable and Timely?, CRS Insight, February 3, 2016

Military Maternity and Parental Leave Policies, CRS Insight, February 3, 2016

Zika Virus: Global Health Considerations, CRS Insight, February 2, 2016

The topic of “secret law” is probed at great length in a new law review paper, which substantiates the concept and suggests a set of principles for addressing it. See “Coming to Terms with Secret Law” by Dakota S. Rudesill, to be published in the Harvard National Security Journal.

Secret law is defined here as “legal authorities that require compliance [but] that are classified or otherwise withheld from the public.”

The paper provides extensive citations to relevant source material (including a few references to Secrecy News), thoughtful consideration of arguments for and against the status quo, and a novel compilation of congressional reports that include classified addenda. (h/t Lawfare)

A new report from the Congressional Research Service examines claims that the 12-nation free trade agreement known as the Trans-Pacific Partnership (TPP) will (or will not) advance the strategic interests of the United States by enabling it to exert influence in economic as well as security domains. See The Trans-Pacific Partnership: Strategic Implications, February 3, 2016.

Other new and newly updated Congressional Research Service products that Congress has withheld from public distribution include the following.

The Obama Administration’s Feed the Future Initiative, January 29, 2016

Immigration Legislation and Issues in the 114th Congress, February 3, 2016

Unaccompanied Alien Children–Legal Issues: Answers to Frequently Asked Questions, updated January 27, 2016

State Challenges to Federal Enforcement of Immigration Law: Historical Precedents and Pending Litigation in Texas v. United States, updated January 27, 2016

Apprenticeship in the United States: Frequently Asked Questions, January 29, 2016

The Earned Income Tax Credit (EITC): An Economic Analysis, February 1, 2016

Airport Privatization: Issues and Options for Congress, updated February 3, 2016

The Good Cause Exception to Notice and Comment Rulemaking: Judicial Review of Agency Action, January 29, 2016

Oil Sands and the Oil Spill Liability Trust Fund: The Definition of “Oil” and Related Issues for Congress, February 3, 2016

Dietary Guidelines for Americans: Frequently Asked Questions, February 2, 2016

Temporary Assistance for Needy Families (TANF): Size and Characteristics of the Cash Assistance Caseload, updated January 29, 2016

Federal Securities Law: Insider Trading, updated February 2, 2016

Iran’s Foreign Policy, updated January 29, 2016

Jordan: Background and U.S. Relations, updated January 27, 2016

Legislative Branch: FY2016 Appropriations, updated February 1, 2016

Body Armor for Law Enforcement Officers: In Brief, updated January 28, 2016

As part of its international defense cooperation activities, the Department of Defense has long been involved in supporting military institutions in various allied nations.

Yesterday, a new DoD directive was issued to formally structure and to assign responsibility for executing what is called the Defense Institution Building (DIB) program.

“DoD, in coordination with other appropriate U.S. departments and agencies and when authorized by law, will develop the capabilities and capacity of allied and partner nation defense institutions in support of defense strategy,” according to the new directive. See Defense Institution Building (DIB), DoD Directive 5205.82, January 27, 2016.

The directive does not mention any specific nation in which such development is to be performed, but it would presumably include countries such as Afghanistan.

The Washington Post reported this week that “There is a broad recognition in the Pentagon that building an effective Afghan army and police force will take a generation’s commitment, including billions of dollars a year in outside funding and constant support from thousands of foreign advisers on the ground.” (“The U.S. was supposed to leave Afghanistan by 2017. Now it might take decades” by Greg Jaffe and Missy Ryan, January 26).

Defense institution building (DIB) is intended to “increase a partner nation’s ability to organize, administer, and oversee its defense institutions to meet its security needs and contribute to regional and international security more effectively,” the directive said. It will “enable recipients to conduct or support unilateral, combined, or coalition operations that advance U.S. national security interests.”

DIB should be conducted in such a way as to “promote principles vital to the establishment of defense institutions that are effective, accountable, transparent, and responsive to national political systems, especially regarding good governance, oversight of security forces, respect for human rights, and the rule of law. DIB should contribute to the establishment or strengthening of democratic governance of defense and security forces.”

The new DoD directive cited over a dozen existing statutes that it said provided legal authority for specific DIB activities.

A survey of policy issues raised by the use of unmanned aerial systems (UAS) in domestic U.S. airspace was presented in a new report yesterday from the Congressional Research Service.

The report described the current and projected market for UAS, applications of UAS in government and industry, safety and security issues, the current regulatory environment, and pending legislation affecting UAS. See Unmanned Aircraft Operations in Domestic Airspace: U.S. Policy Perspectives and the Regulatory Landscape, January 27, 2016.

“As UAS technology develops rapidly, the United States faces significant challenges in balancing safety requirements, privacy concerns, and economic interests,” the CRS report said.

“Hundreds of thousands of small UAS are already being operated as recreational model aircraft and hobby drones that are permitted under a special rule for model aircraft…. In addition, several hundred public agencies and more than 3,000 businesses have been granted approval to operate UAS on a case-by-case basis. Once regulations and guidelines are put in place, large growth in UAS operations is anticipated.”

“As UAS operations have increased, a number of safety concerns have emerged, particularly with regard to use of model aircraft and hobby drones. UAS flights have interfered with airline crews near busy airports and with aircraft fighting wildfires, and have posed safety and security hazards at outdoor events and in restricted areas.”

“To address both safety and security concerns, a number of technology solutions are being examined to detect airborne UAS and pinpoint the location of the operator. Technologies to disable, jam, take control over, or potentially destroy a small UAS are also being developed and tested.”

*    *    *

In another new report issued yesterday, CRS presented statistics on how the Senate responded to judicial nominations in the eighth year of the Reagan, Clinton and GW Bush presidencies.

“More than half of the circuit court nominations that were pending before the Senate during each President’s final year in office were not confirmed by the Senate,” the report found. See Final Senate Action on U.S. Circuit and District Court Nominations During a President’s Eighth Year in Office, January 27, 2016.

Also newly updated this week is Ozone Air Quality Standards: EPA’s 2015 Revision, January 25, 2016.

Demographic information concerning the Office of the Director of National Intelligence and the Intelligence Community as a whole is provided in a newly-released ODNI Strategic Human Capital Plan, 2012-2017.

As of 2012, the total Intelligence Community workforce was 76.6% white, and 61.6% male, both higher than the overall federal workforce (which was 65.6% white and 55.9% male).

Intelligence agencies need to do better, wrote Damien Van Puyvelde and Stephen Coulthart of the University of Texas at El Paso in a recent opinion piece. (The ODNI Human Capital Plan was obtained under FOIA by Prof. Van Puyvelde.)

“To properly understand a wide world of actors and adversaries, the U.S. intelligence community needs a diverse workforce. The good news is that the IC understands this; the bad news is it’s still largely white and male. It’s time to pay more attention to the various barriers that keep members of some key demographics from joining up,” they wrote. See “The Intelligence Community Must Remove Barriers to Minority Recruitment,” DefenseOne, January 25, 2016.

The ODNI Plan does affirm the value of diversity. However, it uses the term in two distinct senses: ethnic or racial diversity (“We strive to have a workforce that is representative of the U.S. labor force”), and diversity of backgrounds, skills and perspectives related to the intelligence mission (“ODNI requires a diverse workforce with a deep, collective understanding of global political, economic, social, scientific, technological, and cultural developments that affect U.S. national security”). While there is undoubtedly overlap between the two types of diversity, they are not the same.

“The average age of the ODNI workforce — cadre and detailees — is 44 years, and 37 percent are age 39 or under,” the ODNI document also states. (“Cadre” employees are those hired by ODNI, while “detailees” were hired by other agencies.)

Employee job satisfaction within the Intelligence Community is comparatively high, according to a recent survey publicized by ODNI.

“The IC finished in first place in national security and second overall — up from fourth place in 2014 — among large agencies that employ more than 15,000 full-time permanent employees,” the ODNI news release said.

The survey did not distinguish among the member agencies of the Intelligence Community, some of which are bound to be more satisfying than others.

New and updated reports from the Congressional Research Service that were issued last week include the following.

Federal Conspiracy Law: A Brief Overview, updated January 20, 2016

Methods of Estimating the Total Cost of Federal Regulations, January 21, 2016

Judicial Redress Act 101 — What to Know as Senate Contemplates Passing New Privacy Law, CRS Legal Sidebar, January 21, 2016

TransCanada to Seek $15 Billion in NAFTA Lawsuit over Denial of Keystone XL Permit Request, CRS Legal Sidebar, January 19, 2016

EPA and the Army Corps’ Proposed “Waters of the United States” Rule: Congressional Response and Options, updated January 20, 2016

The Glass-Steagall Act: A Legal and Policy Analysis, January 19, 2016

Congress and the Budget: 2016 Actions and Events, January 19, 2016

GAO Bid Protests: An Overview of Timeframes and Procedures, updated January 19, 2016

“Regulatory Relief” for Banking: Selected Legislation in the 114th Congress, updated January 19, 2016

Money for Something: Music Licensing in the 21st Century, updated January 19, 2016

Comparing DHS Appropriations by Component, FY2016: Fact Sheet, updated January 20, 2016

Iran: U.S. Economic Sanctions and the Authority to Lift Restrictions, updated January 22, 2016

The Fight Against Al Shabaab in Somalia in 2016, CRS Insight, January 19, 2016

Latin America and the Caribbean: Key Issues for the 114th Congress, updated January 20, 2016

The U.S. Military Presence in Okinawa and the Futenma Base Controversy, updated January 20, 2016

The European Union: Questions and Answers, updated January 19, 2016

The Department of Defense is organizing itself to address the effects of climate change on the U.S. military, some of which are already being felt.

“The DoD must be able to adapt current and future operations to address the impacts of climate change in order to maintain an effective and efficient U.S. military,” according to a Pentagon directive that was issued last week. See Climate Change Adaptation and Resilience, DoD Directive 4715.21, January 14, 2016.

Among other things, the new directive requires the Under Secretary of Defense for Intelligence and the Director of National Intelligence to coordinate on “risks, potential impacts, considerations, vulnerabilities, and effects [on defense intelligence programs] of altered operating environments related to climate change and environmental monitoring.”

“The Department of Defense sees climate change as a present security threat, not strictly a long-term risk,” DoD said last year in a report to Congress.

“We are already observing the impacts of climate change in shocks and stressors to vulnerable nations and communities, including in the United States, and in the Arctic, Middle East, Africa, Asia, and South America…. Although DoD and the Combatant Commands cannot prepare for every risk and situation, the Department is beginning to include the implications of a changing climate in its frameworks for managing operational and strategic risks prudently.” See National Security Implications of Climate-Related Risks and a Changing Climate, DoD report to Congress, July 2015.

“We are almost done with a baseline survey to assess the vulnerability of our military’s more than 7,000 bases, installations, and other facilities,” wrote then-Secretary of Defense Chuck Hagel in a 2014 Climate Change Adaptation Roadmap. “In places like the Hampton Roads region in Virginia, which houses the largest concentration of US military sites in the world, we see recurrent flooding today, and we are beginning work to address a projected sea-level rise of 1.5 feet over the next 20 to 50 years.”

“Politics or ideology must not get in the way of sound planning,” Secretary Hagel wrote.

“The concept of global warming was created by and for the Chinese in order to make U.S. manufacturing non-competitive,” said Republican presidential candidate Donald J. Trump in a 2012 tweet that has been retweeted more than 24,000 times. (h/t Ed Husain)

 

As a condition of gaining access to classified information, many government employees agree to submit to official pre-publication review of any public statement they wish to make that is related to their government employment.

This procedure has long been a source of conflict and controversy, but over time the pre-publication review process has become increasingly onerous, internally contradictory, and disruptive.

As part of an ongoing dialog on the subject, I offered some thoughts on “Fixing Pre-Publication Review: What Should Be Done?” on the Just Security blog.

Recent legislative provisions on intelligence policy are surveyed and cataloged in a newly updated Congressional Research Service report.

In the past two annual intelligence authorization bills, Congress enacted various directions and requirements concerning intelligence agency financial auditability, insider threats, contractor oversight, and many other topics. These are tabulated and reviewed in Intelligence Authorization Legislation for FY2014 and FY2015: Provisions, Status, Intelligence Community Framework, updated January 12, 2016.

Other new and updated reports from the Congressional Research Service that Congress has withheld from online public distribution include the following.

U.S.-Mexico Security Cooperation Following “El Chapo” Guzmán’s January 2016 Recapture, CRS Insight, updated January 13, 2016

Taiwan’s January 2016 Elections: A Preview, CRS Insight, January 12, 2016

Goldwater-Nichols and the Evolution of Officer Joint Professional Military Education (JPME), January 13, 2016

Iran Sanctions, updated January 12, 2016

Temporary Professional, Managerial, and Skilled Foreign Workers: Policy and Trends, January 13, 2016

Hedge Funds and the Securities Exchange Act’s Section 13(d) Reporting Requirements, CRS Legal Sidebar, January 13, 2016

Unfunded Mandates Reform Act: History, Impact, and Issues, updated January 13, 2016

Discretionary Spending Under the Affordable Care Act (ACA), updated January 13, 2016

EPA’s Clean Power Plan for Existing Power Plants: Frequently Asked Questions, January 13, 2016

Martin Luther King, Jr. Day Speech Resources: Fact Sheet, January 11, 2016

Criminal Justice Reform: One Judge’s View, CRS Legal Sidebar, January 14, 2016

New and updated reports from the Congressional Research Service that Congress has withheld from online public distribution include the following.

The Federal Cybersecurity Workforce: Background and Congressional Oversight Issues for the Departments of Defense and Homeland Security, January 8, 2016

The Trans-Pacific Partnership (TPP): In Brief, updated January 8, 2016

American Agriculture and the Trans-Pacific Partnership (TPP) Agreement, January 8, 2016

Cuba: Issues for the 114th Congress, updated January 11, 2016

Guatemala: One President Resigns; Another Elected, to Be Inaugurated January 14, CRS Insight, updated January 11, 2016

China’s Recent Stock Market Volatility: What Are the Implications?, CRS Insight, updated January 9, 2016

Navy John Lewis (TAO-205) Class Oiler Shipbuilding Program: Background and Issues for Congress, updated January 8, 2016

Navy Ship Names: Background for Congress, updated January 8, 2016 (This report explains that “John Lewis (TAO-205) class oilers, previously known as TAO(X)s, are being named for people who fought for civil rights and human rights.” An oiler is a fuel resupply vessel that is used to transfer fuel to surface ships at sea.)

Navy Force Structure and Shipbuilding Plans: Background and Issues for Congress, updated January 8, 2016

Free Riders or Compelled Riders? Key Takeaways as Court Considers Major Union Dues Case, CRS Legal Sidebar, January 12, 2016

Unauthorized Aliens, Higher Education, In-State Tuition, and Financial Aid: Legal Analysis, updated January 11, 2016

The TRIO Programs: A Primer, updated January 11, 2016

The Consolidated Appropriations Act, 2016: Effects on Budgetary Trends, CRS Insight, January 11, 2016

President Obama Announces Executive Actions to “Reduce Gun Violence”, CRS Legal Sidebar, January 8, 2016

Juvenile Justice Funding Trends, updated January 8, 2016

Community Services Block Grants (CSBG): Background and Funding, updated January 8, 2016