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Can a President Amend Regulations by Executive Order?

Does the President have the authority to unilaterally amend the Code of Federal Regulations by executive order? The question arises because executive order 13843 issued by President Trump on July 10 to modify the way administrative law judges are appointed also purports to directly amend three provisions of the CFR. Ordinarily, such regulations can only be amended by […]

07.19.18 | 2 min read
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Cyber War as a Career Path

Military cyber operations have been normalized to the point that there is now a defined career path for would-be cyber warriors in the U.S. Air Force and a formal curriculum for training them. The role of a cyber war specialist, which includes defense as well as offense, is “to develop, sustain, and enhance cyberspace capabilities […]

07.17.18 | 2 min read
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SSCI Requires Strategy for Countering Russia

In its new report on the FY 18-19 Intelligence Authorization bill, published today, the Senate Select Committee on Intelligence would require the Director of National Intelligence “to develop a whole-of-government strategy for countering Russian cyber threats against United States electoral systems and processes.” As if to underscore the gulf in the perception of the Russian […]

07.17.18 | 1 min read
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Tit-for-Tat Tariff Measures, and More from CRS

New and updated reports from the Congressional Research Service include the following. Tit-for-Tat Tariff Measures and U.S. Trade Policy, CRS Insight, July 11, 2018 Renewable Energy and Energy Efficiency Incentives: A Summary of Federal Programs, updated July 11, 2018 Military Transition Assistance Program (TAP): An Overview, CRS In Focus, updated July 12, 2018 Risk and […]

07.17.18 | 1 min read
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The Aging Secrecy System Is “At a Crossroads”

Today’s national security classification system is unsustainable, says a new annual report to the President from the government’s Information Security Oversight Office (ISOO). It is “hamstrung by old practices and outdated technology” and a new, government-wide technology strategy will be required “to combat inaccurate classification and promote more timely declassification.” The secrecy system has expanded […]

07.12.18 | 4 min read
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Ethics in Intelligence, and More from CRS

What is the role of ethics in intelligence and at the CIA in particular? “Some former employees and others with experience at the agency have been critical of CIA’s ethics program as focusing too much on legal compliance in a reactive, ad hoc manner that falls short of a comprehensive approach to ethics education at […]

07.12.18 | 1 min read
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Pentagon Audit: “There Will Be Unpleasant Surprises”

For the first time in its history, the Department of Defense is now undergoing a financial audit. The audit, announced last December, is itself a major undertaking that is expected to cost $367 million and to involve some 1200 auditors. The results are to be reported in November 2018. “Until this year, DoD was the […]

07.02.18 | 2 min read
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Justice Kennedy Retires, and More from CRS

With the announcement of Justice Kennedy’s retirement from the US Supreme Court, the Congressional Research Service issued several new and updated reports on the nomination process and related issues. Justice Kennedy Retires: Initial Considerations for Congress, CRS Legal Sidebar, January 28, 2018 President’s Selection of a Nominee for a Supreme Court Vacancy: Overview, CRS Insight, […]

07.02.18 | 1 min read
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A Leak Prosecution That Didn’t Happen

Government prosecutors have been aggressively pursuing suspected leakers of classified information: Reality Winner, accused of disclosing a document “information relating to the national defense” to a news outlet, changed her plea this week from “not guilty” to “guilty.” Former FBI agent Terry J. Albury likewise pleaded guilty last April to unauthorized retention and disclosure of […]

06.28.18 | 2 min read
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To Fix FOIA, “Best Practices” Will Not Be Enough

Many executive branch agencies have significant backlogs of Freedom of Information Act requests that could be reduced by adopting procedural improvements. And some agencies have made such improvements, a new report from the Government Accountability Office says. Yet substantial backlogs remain. See Freedom of Information Act: Agencies Are Implementing Requirements but Additional Actions Are Needed, […]

06.28.18 | 2 min read
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Immigration, Trade, and More from CRS

During FY 2016, the Department of Homeland Security detained 352,880 noncitizens, the Congressional Research Service noted in a newly updated report, citing the most recent DHS statistics. See A Primer on U.S. Immigration Policy, June 22, 2018. Other recently issued CRS reports include the following. Enforcing U.S. Trade Laws: Section 301 and China, CRS In […]

06.28.18 | 1 min read
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CRS Previews Public Release of its Reports

The Congressional Research Service said this week that it will begin publishing some of its non-confidential reports on a publicly accessible congressional website by September 18, as required by the Consolidated Appropriations Act that was signed into law last March 23. “For the initial public release, the Library will make available in PDF format all of CRS’s […]

06.22.18 | 3 min read
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