S.2549

National Defense Authorization Act for Fiscal Year 2001
(passed by the Senate July 14, 2000)

(excerpts on secrecy policy)


[...]


     SEC. 916. EXPANSION OF AUTHORITY TO EXEMPT GEODETIC PRODUCTS
                   OF THE DEPARTMENT OF DEFENSE FROM PUBLIC
                   DISCLOSURE.

       Section 455(b)(1)(C) of title 10, United States Code, is
     amended by striking "or reveal military operational or
     contingency plans'' and inserting ", reveal military
     operational or contingency plans, or reveal, jeopardize, or
     compromise military or intelligence capabilities''.


[...]

     SEC. 1044. AUTHORITY TO WITHHOLD CERTAIN SENSITIVE
                   INFORMATION FROM PUBLIC DISCLOSURE.

       (a) In General.--Chapter 3 of title 10, United States Code,
     is amended by inserting after section 130b the following new
     section:

     "Sec. 130c. Nondisclosure of information: certain sensitive
       information of foreign governments and international
       organizations

       "(a) Exemption From Disclosure.--The national security
     official concerned (as defined in subsection (g)) may
     withhold from public disclosure otherwise required by law
     sensitive information of foreign governments in accordance
     with this section.
       "(b) Information Eligible for Exemption.--For the purposes
     of this section, information is sensitive information of a
     foreign government only if the national security official
     concerned makes each of the following determinations with
     respect to the information:
       "(1) That the information was provided by, otherwise made
     available by, or produced in cooperation with, a foreign
     government or international organization.
       "(2) That the foreign government or international
     organization is withholding the information from public
     disclosure (relying for that determination on the written
     representation of the foreign government or international
     organization to that effect).
       "(3) That any of the following conditions are met:
       "(A) The foreign government or international organization
     requests, in writing, that the information be withheld.
       "(B) The information was provided or made available to the
     United States Government on the condition that it not be
     released to the public.
       "(C) The information is an item of information, or is in a
     category of information, that the national security official
     concerned has specified in regulations prescribed under
     subsection (f) as being information the release of which
     would have an adverse effect on the ability of the United
     States Government to obtain the same or similar information
     in the future.
       "(c) Information of Other Agencies.--If the national
     security official concerned provides to the head of another
     agency sensitive information of a foreign government, as
     determined by that national security official under
     subsection (b), and informs the head of the other agency of
     that determination, then the head of the other agency shall
     withhold the information from any public disclosure unless
     that national security official specifically authorizes the
     disclosure.
       "(d) Limitations.--(1) If a request for disclosure covers
     any sensitive information of a foreign government (as
     described in subsection (b)) that came into the possession or
     under the control of the United States Government before the
     date of the enactment of the National Defense Authorization
     Act for Fiscal Year 2001 and more than 25 years before the
     request is received by an agency, the information may be
     withheld only as set forth in paragraph (3).
       "(2)(A) If a request for disclosure covers any sensitive
     information of a foreign government (as described in
     subsection (b)) that came into the possession or under the
     control of the United States Government on or after the date
     referred to in paragraph (1), the authority to withhold the
     information under this section is subject to the provisions
     of subparagraphs (B) and (C).
       "(B) Information referred to in subparagraph (A) may not
     be withheld under this section after--
       "(i) the date that is specified by a foreign government or
     international organization in a request or expression of a
     condition described in paragraph (1) or (2) of subsection (b)
     that is made by the foreign government or international
     organization concerning the information; or
       "(ii) if there are more than one such foreign governments
     or international organizations, the latest date so specified
     by any of them.
       "(C) If no date is applicable under subparagraph (B) to a
     request referred to in subparagraph (A) and the information
     referred to in that subparagraph came into possession or
     under the control of the United States more than 10 years
     before the date on which the request is received by an
     agency, the information may be withheld under this section
     only as set forth in paragraph (3).
       "(3) Information referred to in paragraph (1) or (2)(C)
     may be withheld under this section in the case of a request
     for disclosure only if, upon the notification of each foreign
     government and international organization concerned in
     accordance with the regulations prescribed under subsection
     (g)(2), any such government or organization requests in
     writing that the information not be disclosed for an
     additional period stated in the request of that government or
     organization. After the national security official concerned
     considers the request of the foreign government or
     international organization, the official shall designate a
     later date as the date after which the information is not to
     be withheld under this section. The later date may be
     extended in accordance with a later request of any such
     foreign government or international organization under this
     paragraph.
       "(e) Information Protected Under Other Authority.--This
     section does not apply to information or matters that are
     specifically required in the interest of national defense or
     foreign policy to be protected against unauthorized
     disclosure under criteria established by an Executive order
     and are classified, properly, at the confidential, secret, or
     top secret level pursuant to such Executive order.
       "(f) Disclosures Not Affected.--Nothing in this section
     shall be construed to authorize any official to withhold, or
     to authorize the withholding of, information from the
     following:
       "(1) Congress.
       "(2) The Comptroller General, unless the information
     relates to activities that the President designates as
     foreign intelligence or counterintelligence activities.
       "(g) Regulations.--(1) The national security officials
     referred to in subsection (h)(1) shall each prescribe
     regulations to carry out this section. The regulations shall
     include criteria for making the determinations required under
     subsection (b). The regulations may provide for controls on
     access to and use of, and special markings and specific
     safeguards for, a category or categories of information
     subject to this section.
       "(2) The regulations shall include procedures for
     notifying and consulting with each foreign government or
     international organization concerned about requests for
     disclosure of information to which this section applies.
       "(h) Definitions.--In this section:
       "(1) The term `national security official concerned' means
     the following:
       "(A) The Secretary of Defense, with respect to information
     of concern to the Department of Defense, as determined by the
     Secretary.
       "(B) The Secretary of Transportation, with respect to
     information of concern to the Coast Guard, as determined by
     the Secretary, but only while the Coast Guard is not
     operating as a service in the Navy.
       "(C) The Secretary of Energy, with respect to information
     concerning the national security programs of the Department
     of Energy, as determined by the Secretary.
       "(2) The term `agency' has the meaning given that term in
     section 552(f) of title 5.
       "(3) The term `international organization' means the
     following:
       "(A) A public international organization designated
     pursuant to section 1 of the International Organizations
     Immunities Act (59 Stat. 669; 22 U.S.C. 288) as being
     entitled to enjoy the privileges, exemptions, and immunities
     provided in such Act.
       "(B) A public international organization created pursuant
     to a treaty or other international agreement as an instrument
     through or by which two or more foreign governments engage in
     some aspect of their conduct of international affairs.
       "(C) An official mission, except a United States mission,
     to a public international organization referred to in
     subparagraph (A) or (B).''.
       (b) Clerical Amendment.--The table of sections at the
     beginning of such chapter is amended by inserting after the
     item relating to section 130b the following new item:

"130c. Nondisclosure of information: certain sensitive information of
              foreign governments and international organizations.''.

     SEC. 1045. PROTECTION OF OPERATIONAL FILES OF THE DEFENSE
                   INTELLIGENCE AGENCY.

       (a) Authority.--Subchapter I of chapter 21 of title 10,
     United States Code, is amended by adding at the end the
     following:

     "Sec. 426. Protection of sensitive information: operational
       files of the Defense Intelligence Agency

       "(a) Authority To Withhold Operational Files.--The
     Secretary of Defense may withhold from public disclosure
     operational files described in subsection (b) to the same
     extent that operational files may be withheld under section
     701 of the National Security Act of 1947 (50 U.S.C. 431),
     subject to judicial review under the same circumstances and
     to the same extent as is provided in subsection (f) of such
     section.
       "(b) Decennial Review of Exempted Operational Files.--
     Section 702 of the National Security Act of 1947 (50 U.S.C.
     432), setting forth requirements for decennial review of
     exemptions from public disclosure and related provisions for
     judicial review shall apply with respect to the exemptions
     from public disclosure that are in force under subsection
     (a), subject to the following requirements:
       "(1) The Secretary of Defense shall conduct the decennial
     review under this subsection.
       "(2) In the application of the judicial review provisions
     under subsection (c) of such section 702--
       "(A) the references to the Central Intelligence Agency
     shall be deemed to refer to the Secretary of Defense; and
       "(B) the reference in paragraph (1) of that subsection to
     the period for the first review shall
     be deemed to refer to the 10-year period beginning on the day
     after the date of the enactment of the National Defense
     Authorization Act for Fiscal Year 2001.
       "(c) Operational Files Defined.--In this section, the term
     `operational files' has the meaning given that term in
     section 701(b) of the National Security Act of 1947 (50
     U.S.C. 431(b)), except that the references to elements of the
     Central Intelligence Agency do not apply.''.
       (b) Clerical Amendment.--The table of sections at the
     beginning of such subchapter is amended by adding at the end
     the following:

"426. Protection of sensitive information: operational files of the
              Defense Intelligence Agency.''.

[...]

     SEC. 1077. SECRECY POLICIES AND WORKER HEALTH.

       (a) Review of Secrecy Policies.--The Secretary of Defense
     in consultation with the Secretary of Energy shall review
     classification and security policies and, within appropriate
     national security constraints, ensure that such policies do
     not prevent or discourage employees at former nuclear weapons
     facilities who may have been exposed to radioactive or other
     hazardous substances associated with nuclear weapons from
     discussing such exposures with appropriate health care
     providers and with other appropriate officials. The policies
     reviewed should include the policy to neither confirm nor
     deny the presence of nuclear weapons as it is applied to
     former United States nuclear weapons facilities that no
     longer contain nuclear weapons or materials.
       (b) Notification of Affected Employees.--(1) The Secretary
     of Defense in consultation
     with the Secretary of Energy shall seek to identify
     individuals who are or were employed at Department of Defense
     sites that no longer store, assemble, disassemble, or
     maintain nuclear weapons.
       (2) Upon determination that such employees may have been
     exposed to radioactive or hazardous substances associated
     with nuclear weapons at such sites, such employees shall be
     notified of any such exposures to radiation, or hazardous
     substances associated with nuclear weapons.
       (3) Such notification shall include an explanation of how
     such employees can discuss any such exposures with health
     care providers who do not possess security clearances without
     violating security or classification procedures or, if
     necessary, provide guidance to facilitate the ability of such
     individuals to contact health care providers with appropriate
     security clearances or discuss such exposures with other
     officials who are determined by the Secretary of Defense to
     be appropriate.
       (c) The Secretary of Defense in consultation with the
     Secretary of Energy shall, no later than May 1, 2001, submit
     a report to the Congressional Defense Committees setting
     forth--
       (1) the results of the review in paragraph (a) including
     any changes made or recommendations for legislation; and
       (2) the status of the notification in paragraph (b) and an
     anticipated date on which such notification will be
     completed.