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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.




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