SECRECY NEWS
from the FAS Project on Government Secrecy
Volume 2006, Issue No. 113
October 30, 2006
Secrecy News Blog: http://www.fas.org/blog/secrecy/
** DOD CONTRACTOR IMPROPERLY BLOCKED RELEASE OF INFO
** PUBLIC INTEREST DECLASSIFICATION BOARD STALLS
** CRS ON PAKISTAN-US RELATIONS, MORE
DOD CONTRACTOR IMPROPERLY BLOCKED RELEASE OF INFO
In an unusual investigation of improper secrecy involving
unclassified information, an Inspector General report last week
found that a Defense Department contractor marked records as
"proprietary data," thereby restricting their dissemination, even
though the records did not qualify as proprietary.
Kellogg, Brown and Root Services, Inc. (KBR), a component of
Halliburton, "routinely marks almost all of the information it
provides to the government as KBR proprietary data," the Special
Inspector General for Iraq Reconstruction found.
This is not consistent with Federal Acquisition Regulations (FAR),
the IG said.
"The routine use of proprietary markings when the data marked is not
internal contractor information... is an abuse of FAR procedures
[and] inhibits transparency of government activities and the use of
taxpayer funds...," the Inspector General reported.
"The result is that information normally releasable to the public
must be protected from public release..."
"In effect, KBR has turned FAR provisions designed to protect truly
proprietary information ... into a mechanism to prevent the
government from releasing normally transparent information, thus
potentially hindering competition and oversight," the Inspector
General concluded.
See "Interim Audit Report on Inappropriate Use of Proprietary Data
Markings by the Logistics Civil Augmentation Program Contractor,"
Office of the Special Inspector General for Iraq Reconstruction,
October 26, 2006:
http://www.sigir.mil/reports/pdf/audits/06-035.pdf
Halliburton's Kellogg Brown & Root unit won a $17 billion contract in
2001 to provide services to the U.S. Army worldwide that includes
over $15.4 billion for Iraq work, noted Tony Capaccio in a report
for Bloomberg News. "While KBR has been criticized for its
accounting practices, bills and estimates of future costs, this
audit is the first to cite it for restricting information," he
wrote.
http://www.bloomberg.com/apps/news?pid=new...id=aPgSZWxN2kyo
While national security classification procedures are governed by
certain rules and procedures, including a degree of external
oversight, the same is not consistently true of the dozens of
control markings (such as "proprietary data" or "for official use
only") that are increasingly imposed on unclassified information.
So, for example, there are well-defined procedures for
declassification of classified information, but there are no such
procedures for lifting controls on many varieties of "sensitive but
unclassified" information.
And while the Information Security Oversight Office is responsible
for oversight of classification and declassification activity, no
one is similarly responsible for monitoring restrictions on
unclassified information that is withheld from the public. It would
be surprising if such restrictions were not abused, since they can
serve as a shield against oversight and accountability.
The new Inspector General report suggests that this is a function
that might regularly be assumed by agency Inspectors General.
A House Government Reform Subcommittee held a hearing last March on
the proliferation of controls on unclassified information and their
consequences. The record of that hearing has recently been
published.
See "Drowning in a Sea of Faux Secrets: Policies on Handling of
Classified and Sensitive Information,"House Committee on Government
Reform, March 14, 2006:
http://www.fas.org/sgp/congress/2006/faux.html
PUBLIC INTEREST DECLASSIFICATION BOARD STALLS
Confronted for the first time by a congressional request to review
the classification of two congressional reports, the new Public
Interest Declassification Board (PIDB) has been stymied by doubts
over its own authority to proceed.
The PIDB was formally created by statute in 2000 to serve as an
advisory body on declassification priorities and policies. Its
controlling statute was modified in the intelligence reform
legislation of 2004, when its members began to be named, but it
first received funding in fiscal year 2006.
In September, Senator Ron Wyden (D-OR) and other members of the
Senate Intelligence Committee including its chairman Sen. Pat
Roberts (R-KS), asked the Board to review the controversial
classification of portions of two committee reports on pre-war Iraq
intelligence, contending that those documents were overclassified.
It was the Board's first such tasking (Secrecy News, 09/15/06).
Under the terms of the amended statute, the Board now says it cannot
act on the congressional request without specific Presidential
approval.
"The statute under which we operate provides that [President Bush]
must request the board undertake such a review before it can
proceed," wrote L. Britt Snider, chairman of the Public Interest
Declassification Board, in a letter to Sen. Wyden.
In effect, it appears, the Bush Administration must authorize the
Board's investigation of whether the Bush Administration
overclassified the reports in question.
See "Anti-secrecy panel called 'puppet'," by Shaun Waterman, United
Press International, October 30:
http://washingtontimes.com/national/200610...15609-8893r.htm
Some aspects of the dilemma were reported by Tim Starks in
Congressional Quarterly on October 20, and elaborated by Nick
Schwellenbach of the Project on Government Oversight in "Public
Interest Declassification Board: Who's the Boss?":
http://pogoblog.typepad.com/pogo/2006/10/p...c_interest.html
CRS ON PAKISTAN-US RELATIONS, MORE
Some recent products of the Congressional Research Service, not made
directly available to the public, include the following.
"Pakistan-U.S. Relations," updated October 26, 2006:
http://www.fas.org/sgp/crs/row/RL33498.pdf
"Pakistan: Chronology of Recent Events," updated October 20, 2006:
http://www.fas.org/sgp/crs/row/RS21584.pdf
"Western Sahara: Status of Settlement Efforts," updated September 29,
2006:
http://www.fas.org/sgp/crs/row/RS20962.pdf
_______________________________________________
Secrecy News is written by Steven Aftergood and published by the
Federation of American Scientists.
Steven Aftergood
Project on Government Secrecy
Federation of American Scientists
web: www.fas.org/sgp/index.html
email: saftergood@fas.org
voice: (202) 454-4691









