20060527F 001 010 2023

FOIA RELEASE

AI Summary

This document is a memorandum from the National Security Council to President Clinton regarding a report to Congress about a Presidential exemption granted to the Air Force's operating location near Groom Lake, Nevada. The exemption allows the Air Force to avoid disclosing classified information related to hazardous waste disposal under the Resource Conservation and Recovery Act (RCRA).

Key Findings

- The Air Force's operating location near Groom Lake is exempt from hazardous waste laws requiring disclosure of classified information. - The exemption was granted on September 29, 1995, under Presidential Determination 95-45. - The report to Congress is required annually under RCRA to inform about exemptions granted in the previous year. - The exemption is justified on national security grounds and aims to protect classified information from unauthorized disclosure.

OCR Text

2006-0527-F FOI MARKER Document ID: 9600475 Row: 44 Shelf: 7 A A Position: 3 Section: 6 This is not a textual record. This is used as an administrative marker by the Clinton Presidential Library Staff. Stack: v Original OA/ID Number: 1082 « TO: PRESIDENT KEYWORDS:CONGRESSIONAL PERSONS: SUBJECT: ACTION: PRESIDENT SGD PER WH EXEC CLERK DUE DATE: 30 JAN 96STATUS: C STAFF OFFICER: BAKER LOGREF: FILES: WHNSCP:CODES: DOCUMENT DISTRIBUTION FOR ACTION FOR CONCURRENCE COMMENTS: DISPATCHED BY DATE BY HANDW/ATTCH OPENED BY: NSGP CLOSED BY: NSKDB DOC3 OF3 UNCLASSIFIED UNCLASSIFIED NSC/RMO PROFILE FROM: LAKE GRIFFIN, P LEGAL ISSUES AIR FORCE RPT TO CONGRESS ON PRES EXEMPTION RE OPERATING LOCATION NEAR GROOM LAKE FOR INFO BAKER \ BELL DANVERS KRECZKO NSC CHRON DOC DATE: 30 JAN 96 SOURCE REF: RECORD ID: 9600475 RECEIVED: 26 JAN 96 15 t RECORD ID: 9600475 DOC ACTION OFFICER CAO ASSIGNED ACTION REQUIRED DISPATCH DATA SUMMARY REPORT DOC DATE DISPATCH FOR ACTION DISPATCH FOR INFO UNCLASSIFIED 003 003 960130 960130 Z Z Z X UNCLASSIFIED ACTION DATA SUMMARY REPORT VICE PRESIDENT WH CHIEF OF STAFF 96012615 PREPARE MEMO FOR LAKE 96012915 FWD TO PRESIDENT FOR SIG 96013011 FOR SIGNATURE 96013117 PRESIDENT SGD PER WH EXEC CLERK 001 BAKER 002 LAKE 003 PRESIDENT 003 ^7^ LOG# PROOFED BY: INT NSC SYSTEM URGENT NOT PROOFED: A/0 DOCLOG BYPASSED WW DESK: DISPOSITION INITIAL/DATE SEQUENCE TO Harmon Dohse Sens Soderberg Berger Lake Situation Room West Wing Desk Records Mgt. N = No Further Action R = Retain D = Dispatch I = Information A = Action cc: COMMENTS: Exec Sec Office has diskette National Security Council The White House / d- ‘Ai *7 LOG# PROOFED BY: INT NSC SYSTEM URGENT NOT PROOFED: A/0 DOCLOG BYPASSED kVW DESK: DISPOSITION INITIAL/DATE SEQUENCE TO Harmon £ 1 Dohse Sens {\o Soderberg Berger Lake Situation Room West Wing Desk Records Mgt. N = No Further Action R = Retain D = Dispatch I = Information A = Action cc: COMMENTS: 3< Exec Sec Office has diskette L V- Natl Sec Advisor han snnn____ fcd '/a Natfonal Security Council The White House r - xt // 9 0475 THE WHITE HOUSE ACTION THE EXECUTIVE CLERK THROUGH: LT^^ FROM: SUBJECT: Purpose Background RECOMMENDATION That you sign the attached letters. Letter to Speaker of the House Letter to President of the Senate Attachments Tab A Tab B President sjd per WH Executive Clerk —. This report has been coordinated with the Departments of Defense and Justice as well as the EPA. WASHINGTON January 30, 1996 MEMORANDUM FOR THE PRESIDENT To report to the Congress pursuant to the Resource Conservation and Recovery Act (RCRA). ANTHONY LAK^ PATRICK GRIFFIN'/T' cc: Vice President Chief of Staff Under RCRA, you are required to report each January to the Congress all exemptions granted during the previous year and the reasons for doing so. In addition to noting that the exemption was necessary to protect national security (without providing details), the report indicates that the exemption was not intended to limit the applicability or enforcement of any requirement of law applicable to the operating location except those provisions, if any, that would require disclosure of classified information. On September 29, you exempted the Air Force operating location near Groom Lake, Nevada, (the operating location) "from any Federal, State, interstate or local provision respecting control and abatement of solid waste or hazardous waste disposal that would require the disclosure of classified information" to unauthorized persons. The exemption was granted in the context of litigation over the Government's compliance with RCRA at the operating location. Report to Congress on the Presidential Exemption Concerning the Operating Location Near Groom Lake THE WHITE HOUSE WASHINGTON Dear Mr. Speaker: Consistent with section 600l(a) of the Resource Conservation and Recovery Act (RCRA) (the "Act"), as amended, 42 U.S.C. § 6961 (a), notification is hereby given that on September 29, 1995, I issued Presidential Determination 95-45 (copy attached) and thereby exercised the authority to grant certain exemptions under section 600l(a) of the Act. Presidential Determination No. 95-45 exempted the United States Air Force's operating location near Groom Lake, Nevada, from any Federal, State, interstate, or local hazardous or solid waste laws that might require the disclosure of classified information concerning that operating location to unauthorized persons. Information concerning activities at the operating location near Groom Lake has been properly determined to be classified, and its disclosure would be harmful to national security. Continued protection of this information is, therefore, in the paramount interest of the United States. The Determination was not intended to imply that in the absence of a Presidential exemption RCRA or any other provision of law permits or requires the disclosure of classified information to unauthoriz…

Metadata

Agency
—
Classification
UNCLASSIFIED
Department
NARA
Confidence85
Credibility90

Linked Cases

Upload File