Update 1/13/05
One of the issues raised in discussions about the impact of the Intelligence Reform Bill was its potential to open the door to the institutionalizing, across many government agencies, of “information protection” measures used by classifying agencies, including the polygraph screening of employees. The Department of Energy, which has engaged in extensive testing of its own and contractor employees for the past five years, is now changing its approach. It has revised its regulations on polygraph screening to sharply reduce the number of people subject to mandatory testing -- from 20,000 to 4,500. DOE said the proposed revision is a response to a National Academy of Sciences study that concluded, “Polygraph testing yields an unacceptable choice . … Its accuracy in distinguishing actual or potential security violators from innocent test takers is insufficient to justify reliance on its use in employee security screening in federal agencies.” DOE said it would substitute random testing, which the study said serves as a greater deterrent. DOE also said that test results, standing alone, would not be used as a basis for “adverse actions against employees.” (See 10 CFR Parts 709 and 710 at 70 FR 1383). The DOE action and the NAS study are worth keeping in mind as the new office of the Director of National Intelligence implements information control measures that will affect all agencies handling intelligence information.
The Department of Homeland Security has cancelled its imposition of non-disclosure agreements on all its employees as means of protecting sensitive but unclassified information. The contracts subject employees to severe financial and criminal penalties if breached. DHS said its Office of Security would develop an education and awareness program instead. DHS, however, left intact other provisions of its controversial May 10 memorandum, including authorization to any employee and to contractors to mark something “For Official Use Only;” giving it protected status
SSI: Coming Next to Your Local Transit Authority. The Transportation Security Administration has published a “technical” amendment to the language of one section of its new regulations on Sensitive Security Information. The change eliminates what TSA says was an “unintended limitation,” striking the words “aviation or maritime” from a section dealing with sharing sensitive information with those who “need to know.” The change clears the way for the agency to move ahead with its plans to designate rail and transit information as “SSI” and block it from public disclosure.
At least two open government events are on tap in Washington for Sunshine Week – March 13-19-- for those of you in town or headed this way. The first is the Freedom Forum First Amendment Center’s annual FOI day, Wednesday, March 16, which will focus on access to information and likely include a presentation by Sen. John Cornyn, R-TX, if he files an FOIA reform bill in late February as anticipated. Geneva Overholser is putting together a workshop the following morning, March 17, at the National Press Club on use of anonymous sources and off-the-record briefings. Also, the American Library Association will be sharing information about Sunshine Sunday and Sunshine Week with its members at their convention this weekend in Boston – and urging local librarians to plan events in their communities that include inviting journalists to talk about open government at open government workshops.
Pete Weitzel
