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 from Public Disclosure
- Sec. 1044. Authority to Withhold Certain Sensitive Information From Public Disclosure
- Sec. 1045. Protection of Operational Files of the Defense Intelligence Agency.
- Sec. 1077. Secrecy Policies and Worker Health.
[...] 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.