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2006-0527-F FOI MARKER Document ID: 9800538 'A1 Row: 46 A A Section: 6 Shelf: 7 Stack: v This is not a textual record. This is used as an administrative marker by the Clinton Presidential Library Staff. Position: i Original OA/ID Number: 3250 SUBJECT/TITLE DATE RESTRICTION 001a. memo 01/31/1998 Pl/b(l) 001b. email 01/27/1998 P6/b(6) 001c. memo ca. 1/1998 Pl/b(l) 00Id. memo ca. 1/1998 Pl/b(l) Presidential Records Act - (44 U.S.C. 2204(a)] FOLDER TITLE: 9800538 DOCUMENT NO. AND TYPE Pl National Security Classified Information 1(a)(1) of the PRA] P2 Relating to the appointment to Federal office [(a)(2) of the PRA] P3 Release would violate a Federal statute [(a)(3) of the PRA] P4 Release would disclose trade secrets or confidential commercial or financial information [(a)(4) of the PRA] P5 Release would disclose confidential advice between the President and his advisors, or between such advisors (a)(5) of the PRA] P6 Release would constitute a clearly unwarranted invasion of personal privacy [(a)(6) of the PRA] b(l) National security classified information 1(b)(1) of the FOIA] b(2) Release would disclose internal personnel rules and practices of an agency 1(b)(2) of the FOIA] b(3) Release would violate a Federal statute 1(b)(3) of the FOIA| b(4) Release would disclose trade secrets or confidential or financial information [(b)(4) of the FOIA] b(6) Release would constitute a clearly unwarranted invasion of personal privacy 1(b)(6) of the FOIA] b(7) Release would disclose information compiled for law enforcement purposes [(b)(7) of the FOIA] b(8) Release would disclose information concerning the regulation of financial institutions [(b)(8) of the FOIA| b(9) Release would disclose geological or geophysical information concerning wells 1(b)(9) of the FOIA] Joseph F. Bouchard to Joan S. Hunerwadel Re: Report to Congress [partial] (1 page) Samuel R. Berger & Larry Stein to The President Re: Report to Congress (2 pages) Samuel R. Berger & Larry Stein to The President Re: Report to Congress (1 page) Samuel R. Berger & Larry Stein to The President Re: Report to Congress (1 page) 2006-0527-F ds219 C. Closed in accordance with restrictions contained in donor's deed of gift. PRM. Personal record misfile defined in accordance with 44 U.S.C. 2201(3). RR. Document will be reviewed upon request. Withdrawal/Redaction Sheet Clinton Library COLLECTION: Clinton Presidential Records NSC Records Management ([Area 51]) OA/Box Number: 3250 RESTRICTION CODES Freedom of Information Act - [5 U.S.C. 552(b)] 4. CHRON FILE FROM: PRESIDENT CONGRESSIONAL LEGAL ISSUES KEYWORDS: PERSONS: SUBJECT: DUE DATE: 29 JAN 98 STATUS: C ACTION: PRESIDENT SGD LTRS LOGREF: STAFF OFFICER: BAKER CODES: NSCP: FILES: PA DISTRIBUTION DOCUMENT FOR CONCURRENCE FOR ACTION COMMENTS: DISPATCHED BY THE WH EXECUTIVE CLERK BY HANDW/ATTCH DATE DISPATCHED BY 3 OF3 DOC CLOSED BY: NSDRS OPENED BY: NSTTS ■SECRET TO: GINGRICH, NEWT GORE, A RPT TO CONGRESS ON PRES EXEMPTION CONCERNING OPERATING LOCATION NEAR GROOM LAKE DOC DATE: 31 JAN 98 SOURCE REF: RECORD ID: 9800538 RECEIVED: 23 JAN 98 19 •SECRET NSC/RMO PROFILE FOR INFO BAKER BOUCHARD FICKLIN NSC CHRON RUDMAN SANDALOW DECLASSIFIED B.0.12958, As Amended, White House Guidelines, August 28.1997 By-MlN ARA, DateS//7/6 7 RECORD ID: 9800538 ACTION REQUIRED DOC ACTION OFFICER DISPATCH DATA SUMMARY REPORT DISPATCH FOR INFO DATE DISPATCH FOR ACTION DOC 003 003 980131 980131 Z Z X X RGINF GORE, A 98012917 FWD TO PRESIDENT FOR SIGNATURE 98013112 FOR SIGNATURE 98020413 PRESIDENT SGD PER WH EXEC CLERK 98020413 PRESIDENT SGD LTRS ACTION DATA SUMMARY REPORT 001 BERGER 002 PRESIDENT 002 003 < I 4. ■i ■ ( i • 4. *.. CHRON FILE Date To Fm Log » C£??B Date ADDITIONAL COMMENTS ./g) To Date ‘h ck_ ... Uo— o- 4 Ct^> t V i- CHRON FILE THE WHITE HOUSE WASHINGTON if ‘-f'fj ?’■ Ua ^_j£)_jQSLxQ- 3 Sd PROOFED BY: LOG# URGENT NOT PROOFED: SYSTEI BYPASSED WW DESK: DOCLOG'A/O DISPOSITION INITIAL/DATE b SEQUENCE TO Cosgriff Rice Davies (J3) i 5m 2- Kerrick 3 Steinberg 4 Berger 1 Situation Room West Wing Desk AJ I /M^ Records Mgt. A) 7 N = No Further Action A = ActionI = InformationD = DispatchR = Retain cc: COMMENTS: ’98 JAH 29 M! 3’59 Exec Sec Office has diskette t (cxU^'TO National Security Council The White House as c 7? /J aj-dLb >1^— ^4& Corty^5.Z ■NT7^R^S> jgC IS NSC INT ARS January 31, 1998 Dear Mr. Speaker: Sincerely, * THE WHITE HOUSE WAS HIN GTO N Consistent with section 6001(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 26, 1997, I issued Presidential Determination No. 97-35 (copy attached) and thereby exercised the authority to grant certain exemptions under section 6001(a) of the Act. 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 infor­ mation to unauthorized persons, but rather to eliminate any potential uncertainty arising from a district court decision in pending litigation, Kasza v. Browner (D. Nev. CV-S-94-795-PMP), the relevant appeal which, was subsequently dismissed as moot (9th Cir. Nos. 96-15535 and 96-15537; decided January 8, 1998). The Determination also was not intended to limit the applica­ bility or enforcement of any requirement of law applicable to the Air Force's operating location near Groom Lake except those provisions, if any, that would require the disclosure of classified information. Presidential Determination No. 97-35 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 Honorable Newt Gingrich Speaker of the House of Representatives Washington, D.C. 20515 January 31, 1998 Sincerely, Jr. THE WHITE HOUSE WAS HIN GTO N Dear Mr. President: Consistent with section 6001(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 26, 1997, I issued Presidential Determination No. 97-35 (copy attached) and thereby exercised the authority to grant certain exemptions under section 6001(a) of the Act. Presidential Determination No. 97-35 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 infor­ mation to unauthorized persons, but rather to eliminate any potential uncertainty arising from a district court decision in pending litigation, Kasza v. Browner (D. Nev. CV-S-94-795-PMP), the relevant appeal which, was subsequently dismissed as moot (9th Cir. Nos. 96-15535 and 96-15537; decided January 8, 1998). The Determination also was not intended to limit the applica­ bility or enforcement of any requirement of law applicable to the Air Force's operating location near Groom Lake except those provisions, if any, that would require the disclosure of classified information. The Honorable Albert Gore, President of the Senate Washington, D.C. 20510 THE WHITE HOUSE WASHINGTON September 26, 1997 Presidential Determination No. 97-35 HEMDRANDOM FOR THB ADMINISTRA'roR OP THB ENVIRONMENTAL . PR.OTBCTION AGDcr StJBJBCT: THB SECRETARY OF 'nm AIR FORCE Preaidential Determination on.Clasaified ·Information Concerning the Air Poree'• Operating Loc;:aticm Neill' Groom Lake, Nevada I find that it is in the.paramount intere■ t Qf the United States · to exempt the Ollited State• Air Fore••• operating location near Groan Lake, Nevada (the subject of litigation in gasza v. Brgvner (D. Nev. CV-S-94-79S•PMP) and Frpat v. perry (D. Nev. CV-S-94-716-PMP) ) , from an� applicable requirement for the di•cloaure to unauthorised penona of cla••ifiad information concerning that operating location. Tharefore, purauant to 42 t1.s.c. 6961(&), I hereby exampt the Air Pore:•,.• operating location near Groom L&Jca, Nevada, fZ'011 any Pederal, State, interstate, or local provision reapect:ing control and abateaient of solid w .. te ·or haaardowl waate d.iapoaal th.At would require the cliecloeure of claaaifiad infonaaticn conc:erning that operating location to any unauthorized person. Thi• exemption ahal.l be effective tor the full one-year atatutory period. Nothing herein i• intended to: (&) imply that in t:be absence of auch a Preaidential exensption, tha Resource Con■ervation � Recovery Act (ltCJlA) or any other provi•ion of law pe%11lit• or require• cli•clo.un of elaaaified information to unauthorized persona; or C�> limit the applicability or enforcement of any requirement of'law applicable to the Air Poree'• operating location near Groom Lake, lfevada, except tho•• p rovi.•i�,. if any, that 1110'Uld requize the diaeloaure of cl•••ifiad information. The Secreta.zy ot the Air rorce . is authorized and directed to publi•h this determination.in th • rec;leral Reqistar. THE WHITE HOUSE Office of the Press Secretary February 2, 1998 For Immediate Release January 31, 1998 (Dear Mr. President:) Sincerely, WILLIAM J. CLINTON # # # TEXT OF A LETTER FROM THE PRESIDENT TO THE SPEAKER OF THE HOUSE OF REPRESENTATIVES AND THE PRESIDENT OF THE SENATE Dear Mr. Speaker: Consistent with section 6001(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 26, 1997, I issued Presidential Determination No. 97-35 (copy attached) and thereby exercised the authority to grant certain exemptions under section 6001(a) of the Act. Presidential Determination No. 97-35 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 infor­ mation to unauthorized persons, but rather to eliminate any potential uncertainty arising from a district court decision in pending litigation, Kasza v. Browner (D. Nev. CV-S-94-795-PMP), the relevant appeal which, was subsequently dismissed as moot (9th Cir. Nos. 96-15535 and 96-15537; decided January 8, 1998). The Determination also was not intended to limit the applica­ bility or enforcement of any requirement of law applicable to the Air Force's operating location near Groom Lake except those provisions, if any, that would require the disclosure of classified information. SUBJECT/TITLE DATE RESTRICTION 001a. memo 01/31/1998 Pl/b(l) Presidential Records Act - [44 U.S.C. 2204(a)! 2006-0527-F ds219 FOLDER TITLE: 9800538 DOCUMENT NO. AND TYPE Pl National Security Classified Information [(a)(1) of the PRA[ P2 Relating to the appointment to Federal office [(a)(2) of the PRA] P3 Release would violate a Federal statute [(a)(3) of the PRA| P4 Release would disclose trade secrets or confidential commercial or financial information [(a)(4) of the PRA| PS Release would disclose confidential advice between the President and his advisors, or bebveen such advisors [a)(5) of the PRA| P6 Release would constitute a clearly unwarranted invasion of personal privacy [(a)(6) of the PRA| b(l) National security classified information [(b)(1) of the FOIA) b(2) Release would disclose internal personnel rules and practices of an agency [(b)(2) of the FOIA| b(3) Release would violate a Federal statute [(b)(3) of the FOIA] b(4) Release would disclose trade secrets or confidential or financial information [(b)(4) of the FOIA] b(6) Release would constitute a clearly unwarranted invasion of personal privacy [(b)(6) of the FOIA| b(7) Release would disclose information compiled for law enforcement purposes [(b)(7) of the FOIA] b(8) Release would disclose information concerning the regulation of financial institutions [(b)(8) of the FOIA] b(9) Release would disclose geological or geophysical information concerning wells [(b)(9) of the FOIA) Samuel R. Berger & Larry Stein to The President Re: Report to Congress (2 pages) Withdrawal/Redaction Marker Clinton Library COLLECTION: Clinton Presidential Records NSC Records Management ([Area 511) OA/Box Number: 3250 C. Closed in accordance with restrictions contained in donor's deed of gift. PRM. Personal record misfile defined in accordance with 44 U.S.C. 2201(3). RR. Document will be reviewed upon request. RESTRICTION CODES Freedom of Information Act - [5 U.S.C. 552(b)| JAN 211998 JAN 2811:13 Attachment: a/s MEMORANDUM FOR THE PRESIDENT THROUGH THE NATIONAL SECURITY ADVISOR 50‘ The EPA Office of General Counsel and the Department of Justice Environment and Natural Resources Division have reviewed the report and concur with the Department of Defense that this report should be provided. DEPUTY SECRETARY OF DEFENSE 1O1O DEFENSE PENTAGON WASHINGTON, DC 20301-1010 I recommend you provide the enclosed report to Congress pursuant to section 6001(a) of the Resource Conservation and Recovery Act, as amended, 42 U.S.C. § 6961(a). I SUBJECT: Congressional Notification of Presidential Exemption under Section 6001(a) of the Resource Conservation and Recovery Act, as amended, 42 U.S.C. § 6961(a). Section 6001(a) requires that you “report each January to the Congress all exemptions from the requirements of this section granted during the preceding calendar year, together with [your] reason for granting each such exemption.” You granted such an exemption on September 26, 1997, in Presidential Determination 97-35, which protects classified information concerning the Air Force’s operating location near Groom Lake, Nevada, from ublic disclosure. The enclosed report provides notice to Congress of the exemption. 0538 January 29, 1998 ACTION FROM: SUBJECT: Concurrence by: RECOMMENDATION That you sign the memorandum to the President at Tab I. Joe Bouchard, Mara Rudman and David Sandalow NATIONAL SECURITY COUNCIL WASHINGTON, D.C. 20504 , UNCLASSIFIED WITH . SECRET -ATTACHMENT The 9th Circuit upheld the validity and scope of the President's exemption, but declined to address the Government's argument that an exemption is not required because criminal statutes already preclude disclosure of classified information. MEMORANDUM FOR SAMUEL R. BERGER J?\MES BAKER^ The report should be submitted to Congress no later than January 31. UNCLASSIFIED WITH ■&EGREAT ATTACHMENT Tab I Tab A Tab B Tab II Incoming Correspondence Attachments Memorandum for the President Letter to Speaker of the House Letter to President of the Senate Under the Resource Conservation and Recovery Act (RCRA), the President is required to report each January to the Congress all exemptions granted during the previous year and the reasons for doing so. This is the third such report during this Administration. The language is consistent with earlier reports with the addition of language noting the 9th Circuit's January 8 ruling that the litigation giving rise to the President's exercise of the exemption is moot. I Report to Congress on Presidential Exemption I Concerning the Operating Location Near Groom Lake SUBJECT/TITLE DATE RESTRICTION 001b. email 01/27/1998 P6/b(6) Presidential Records Act - |44 U.S.C. 2204(a)] FOLDER TITLE: 9800538 DOCUMENT NO. AND TYPE Pl National Security Classified Information [(a)(1) of the PRA] P2 Relating to the appointment to Federal office ((a)(2) of the PRA] P3 Release would violate a Federal statute [(a)(3) of the PRA] P4 Release would disclose trade secrets or confidential commercial or financial information ((a)(4) of the PRA] P5 Release would disclose confidential advice between the President and his advisors, or between such advisors ]a)(5) of the PRA] P6 Release would constitute a clearly unwarranted invasion of personal privacy [(a)(6) of the PRA] 2006-0527-F ds219 Joseph F. Bouchard to Joan S. Hunerwadel Re: Report to Congress [partial] (1 page) b(l) National security classified information 1(b)(1) of the FOIA] b(2) Release would disclose internal personnel rules and practices of an agency [(b)(2) of the FOIA] b(3) Release would violate a Federal statute 1(b)(3) of the FOIA] b(4) Release would disclose trade secrets or confidential or financial information ((b)(4) of the FOIA] b(6) Release would constitute a clearly unwarranted invasion of personal privacy 1(b)(6) of the FOIA] b(7) Release would disclose information compiled for law enforcement purposes ((b)(7) of the FOIA] b(8) Release would disclose information concerning the regulation of financial institutions ((b)(8) of the FOIA] b(9) Release would disclose geological or geophysical information concerning wells 1(b)(9) of the FOIA] Withdrawal/Redaction Marker Clinton Library COLLECTION: Clinton Presidential Records NSC Records Management ([Area 51]) OA/Box Number: 3250 RESTRICTION CODES Freedom of Information Act - |5 U.S.C. 552(b)] C. Closed in accordance with restrictions contained in donor's deed of gift. PRM. Personal record misfile defined in accordance with 44 U.S.C. 2201(3). RR. Document will be reviewed upon request. Hunerwadel, Joan S. I clear for Defense Policy. (b)(6) Joe Bouchard Thanks for your help. « File: 0538aq.doc » « File: 0538bc.doc » « File: 0538ng.doc » « File: 0538sb.doc » From: Sent: To: Subject: Bouchard, Joseph F. Tuesday, January 27,1998 7:31 AM Hunerwadel, Joan S. RE: Report to Congress re Groom Lake [UNCLASSIFIED] Hunerwadel, Joan S. Monday, January 26, 1998 8:31 PM Bouchard, Joseph F., Rudman, Mara E., Sandalow, David B Report to Congress re Groom Lake [UNCLASSIFIED] —Ortginai Message From: Sent: To: Subject: Could we please have your clearance on the attached report to Congress no later than OOB Wednesday, 28 January This has to be submitted to Congress no later than January 31. David, Jamie said you would be clearning for CEQ aj well. ■ »* . Hunerwadel, Joan S. We're fine with it. Thanks for your help. « File: 0538ag.doc » « File: 0538bc.doc » « File: 0538ng.doc » « File: 0538sb.doc » 1 Rudman, Mara E. Tuesday, January 27, 1998 8:37 PM Hunerwadel, Joan S. Bouchard, Joseph F.; Sandalow, David B.; ©LEGISLAT - Legislative Affairs RE: Report to Congress re Groom Lake [UNCLASSIFIED] From: Sent: To: Cc: Subject: Hunerwadel, Joan S. Monday, January 26, 1998 8:31 PM Bouchard, Joseph F.; Rudman, Mara E.; Sandalow, David B. Report to Congress re Groom Lake [UNCLASSIFIED] —Original Message— From: Sent: To: Subject: Could we please have your clearance on the attached report to Congress no later than OOB Wednesday, 28 January. This has to be submitted to Congress no later than January 31. David, Jamie said you would be ciearning for CEQ as well. t • • Hunerwadel, Joan S. I clear (for NSC/Environment and CEQ). i Sandalow, David B. Wednesday, January 28,1998 10:32 AM Hunerwadel, Joan S.; Bouchard, Joseph F.; Rudman, Mara E. RE: Report to Congress re Groom Lake [UNCLASSIFIED] Thanks for your help. « File: 0538ag.doc » « File: 0538bc.doc » « File: 0538ng.doc » « File: 0538sb.doc » From: Sent: To: Subject: Hunerwadel, Joan S. Monday, January 26, 1998 8:31 PM Bouchard, Joseph F.; Rudman, Mara E.; Sandalow, David B. Report to Congress re Groom Lake [UNCLASSIFIED] ----Original Message From: Sent: To: Subject: Could we please have your clearance on the attached report to Congress no later than OOB Wednesday, 28 January. This has to be submitted to Congress no later than January 31. David, Jamie said you would be ciearning for CEQ as well. •Hunerwadel, Joan S. I clear (for NSC/Environment and CEQ). Thanks for your help. « File: 0538ag.doc » « File: 0538bc.doc » « File: 0538ng.doc » « File: 0538sb.doc » i Sandalow, David B. Wednesday, January 28,1998 10:32 AM Hunerwadel, Joan S.; Bouchard, Joseph F.; Rudman, Mara E. RE: Report to Congress re Groom Lake [UNCLASSIFIED] Hunerwadel, Joan S. Monday, January 26,1998 8:31 PM Bouchard, Joseph F.; Rudman, Mara E.; Sandalow, David B. Report to Congress re Groom Lake [UNCLASSIFIED] Could we please have your clearance on the attached report to Congress no later than OOB Wednesday, 28 January. This has to be submitted to Congress no later than January 31. David, Jamie said you would be Gleaming for CEQ as well. From: Sent: To: Subject: —Original Message— From: Sent: To: Subject: SUBJECT/TITLE DATE RESTRICTION 001c. memo ca. 1/1998 Pl/b(l) Presidential Records Act - |44 U.S.C. 2204(a)] FOLDER TITLE: 9800538 2006-0527-F ds219 DOCUMENT NO. AND TYPE Samuel R. Berger & Larry Stein to The President Re: Report to Congress (1 page) b(l) National security classified information 1(b)(1) of the FOIA] b(2) Release would disclose internal personnel rules and practices of an agency 1(b)(2) of the FOIA] b(3) Release would violate a Federal statute 1(b)(3) of the FOIA] b(4) Release would disclose trade secrets or confidential or financial information 1(b)(4) of the FOIA] b(6) Release would constitute a clearly unwarranted invasion of personal privacy 1(b)(6) of the FOIA) b(7) Release would disclose information compiled for law enforcement purposes 1(b)(7) of the FOIA] b(8) Release would disclose information concerning the regulation of financial institutions 1(b)(8) of the FOIA] b(9) Release would disclose geological or geophysical information concerning wells 1(b)(9) of the FOIA] Pl National Security Classified Information ((a)(1) of the PRA] P2 Relating to the appointment to Federal office 1(a)(2) of the PRA] P3 Release would violate a Federal statute 1(a)(3) of the PRA] P4 Release would disclose trade secrets or confidential commercial or financial information 1(a)(4) of the PRA] P5 Release would disclose confidential advice between the President and his advisors, or between such advisors |a)(5) of the PRA) P6 Release would constitute a clearly unwarranted invasion of personal privacy 1(a)(6) of the PRA] Withdrawal/Redaction Marker Clinton Library COLLECTION: Clinton Presidential Records NSC Records Management ([Area 51]) OA/Box Number: 3250 C. Closed in accordance with restrictions contained in donor's deed of gift. PRM. Personal record misfile defined in accordance with 44 U.S.C. 2201(3). RR. Document will be reviewed upon request. RESTRICTION CODES Freedom of Information Act - (5 U.S.C. 552(b)] SUBJECT/TITLE DATE RESTRICTION 00Id. memo ca. 1/1998 Pl/b(l) Presidential Records Act - [44 U.S.C. 2204(a)[ FOLDER TITLE: 9800538 2006-0527-F ds219 DOCUMENT NO. AND TYPE Pl National Security Classified Information [(a)(1) of the PRA| P2 Relating to the appointment to Federal office [(a)(2) of the PRA[ P3 Release would violate a Federal statute 1(a)(3) of the PRA] P4 Release would disclose trade secrets or confidential commercial or financial information [(a)(4) of the PRA| PS Release would disclose confidential advice between the President and his advisors, or between such advisors [a)(5) of the PRA| P6 Release would constitute a clearly unwarranted invasion of personal privacy [(a)(6) of the PRA[ b(l) National security classified information [(b)(1) of the FOIA) b(2) Release would disclose internal personnel rules and practices of an agency [(b)(2) of the FOIA| b(3) Release would violate a Federal statute [(b)(3) of the FOIA| b(4) Release would disclose trade secrets or confidential or financial information [(b)(4) of the FOIA, b(6) Release would constitute a clearly unwarranted invasion of personal privacy [(b)(6) of the FOIA] b(7) Release would disclose information compiled for law enforcement purposes [(b)(7) of the FOIA[ b(8) Release would disclose information concerning the regulation of financial institutions [(b)(8) of the FOIA) b(9) Release would disclose geological or geophysical information concerning wells [(b)(9) of the FOIA| Samuel R. Berger & Larry Stein to The President Re: Report to Congress (1 page) C. Closed in accordance with restrictions contained in donor's deed of gift. PRM. Personal record misfile defined in accordance with 44 U.S.C. 2201(3). RR. Document will be reviewed upon request. Withdrawal/Redaction Marker Clinton Library COLLECTION: Clinton Presidential Records NSC Records Management ([Area 51]) OA/Box Number: 3250 RESTRICTION CODES Freedom of Information Act - [5 U.S.C. 552(b)! V THE WHITE HOUSE WASHINGTON Sincerely, 7c. Enclosure V to imply that in the absence /any other provision of law of classified information to Senate 20515 4curity. ore, in the paramount /United States evada from any Xr solid waste sified information ized persons. Information concerning activities at the operating location near Groom Lake has been properly determined tcybe classified, and its disclosure would be harmful to national security. Continued protection of this information is, ther interest of the United States. / Consistent with section 6001(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 26, 1997/ I issued Presidential Determination 97-35 (copy attached) and thereby exercised the authority to grant certain exemptions mlder section 6001(a) of the Act. / Presidential Determination No. 97-35 exempted the Air Force's operating location near Groom Lake, / Federal, State, interstate, or local hazardous laws that might require the disclosure of clas concerning that operating location to unauthor Dear Mr. President: The Honorable Albert- Gore Presylent of thp Washington, D.y'C The Determination was not intended of a Presidential exemption RCRA o: permits or requires the disclosure' unauthorized persons, but rather/to eliminate any potential uncertainty arising from a dist/ict court decision in pending litigation, Kasza v. Browner CD. Nev. CV-S-94-795-PMP), the relevant appeal from which was subsequently dismissed as moot (9th Cir. Nos. 96-15535 and ,06-15537; decided January 8, 1998). The Determination also was/not intended to limit the applicability or enforcement of any requirement of law applicable to the Air Force's operating location near Groom Lake except those provisions, if a/y, that would require the disclosure of classified information.