9700471 — Page 2023

2006-0527-F FOI MARKER Document ID: 9700471 Row: 46 A A Section: 5 Stack: v This is not a textual record. This is used as an administrative marker by the Clinton Presidential Library Staff. Shelf: 8 Position: i Original OA/ID Number: 3220 WON HIE TO: PRESIDENT DEFENSE POLICY KEYWORDS: PERSONS: SUBJECT: STATUS: C DUE DATE: 28 JAN 97 ACTION: PRESIDENT SGD PER WH EXEC CLERK LOGREF: STAFF OFFICER: BAKER CODES: NSCP: FILES: WH DISTRIBUTION DOCUMENT FOR CONCURRENCE FOR ACTION COMMENTS: W/ATTCH BY HAND DATE DISPATCHED BY 2 OF 2 DOC CLOSED BY: NSDRS OPENED BY: NSTSM UNCLASSIFIED *3 LEGAL ISSUES CONGRESSIONAL UNCLASSIFIED NSC/RMO PROFILE FROM: BERGER HILLEY, J RECORD ID: 9700471 RECEIVED: 24 JAN 97 14 RPT TO CONGRESS ON PRES EXEMPTION RE OPERATION LOCATION NEAR GROOM LAKE DOC DATE: 31 JAN 97 SOURCE REF: FOR INFO BAKER DANVERS FICKLIN KRECZKO NSC CHRON SANDALOW SESTAK RECORD ID: 9700471 CAO ASSIGNED ACTION REQUIRED DOC ACTION OFFICER DISPATCH DATA SUMMARY REPORT DISPATCH FOR INFO DISPATCH FOR ACTION DATE DOC UNCLASSIFIED i' 002 002 970131 970131 UNCLASSIFIED ACTION DATA SUMMARY REPORT Z 97013018 FWD TO PRESIDENT FOR SIG Z 97013119 FOR SIGNATURE X 97013120 PRESIDENT SGD PER WH EXEC CLERK VICE PRESIDENT WH CHIEF OF STAFF 001 BERGER 002 PRESIDENT 002 LOG# PROOFED BY: NSC I NT A RS SYSTEM URGENT NOT PROOFED: A/O DOCLOG BYPASSED WW DESK: DISPOSITION INITIAL/DATE SEQUENCE TO Barmon 1 Dohse Kerrick Steinberg Berger isor Situation Room West Wing Desk < V Records Mgt. N = No Further Action R = Retain D = Dispatch I = Information A = Action cc: ■Vo COMMENTS: ^1. ’97 JAN 30 ph 64? Exec Sec Office has diskette National Security Council The White House 0471 THE WHITE HOUSE WASHINGTON January 31, 1997 ACTION MEMORANDUM FOR THE PRESIDENT THROUGH: THE EXECUTIVE CLERK FROM: SUBJECT: Purpose Background RECOMMENDATION That you sign the attached letters. Letter to Speaker of the House Letter to President of the Senate Report to Congress on the Presidential Exemption Concerning the Operating Location Near Groom Lake SAMUEL R. BERGE JOHN HILLEY Attachments Tab A Tab B cc: Vice President Chief of Staff This report has been coordinated with CEQ as well as the Departments of Defense and Justice and the EPA. To report to the Congress pursuant to the Resource Conservation and Recovery Act (RCRA). k.;3 C’.orU 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 28, 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. You first granted such an exemption in 1995 in the context of litigation over the Government's compliance with RCRA at the location. THE WHITE HOUSE WASH INGTON Dear Mr. Speaker: Sincerely, 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 unauthorized persons, but rather to eliminate any potential uncertainty arising from a decision in pending litigation, Kasza v. Browner (D. Nev. CV-S-94-795-PMP). 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 any, that would require the disclosure of classified information. 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 28, 1996, I issued Presidential Determination 96-54 (copy attached) and thereby exercised the authority to grant certain exemptions under section 6001(a) of the Act. Presidential Determination No. 96-54 exempted the U.S. 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 Tuesday. October II, 1996 Title J- The President IFR Doc. �231$1 Flied 10-7�6: 1:45 am) Blllio1 code l911>•41-M Presidential Determination No. 96-54 of September 28, 1996 - Presidential Determination on Classified Information Con- cerning the Air Force's Operating Location Near Groom Lake, Nevada Memorandum for the Administrator of the Environmental Protection Agency [and] the Secretary of the Air Force I find that it is in the paramount inter e st of the United States to exempt the United States Air Force's operating location near Groom Lake, Nevada (the subject of litigation in Kasza v. Browner {D. Nev. CV-S-94-795-PMP) and Frost v. Peny (D. Nev. CV-S-94-714-PMP) from any applicable require­ ment for.. the disclosure to unauthorized persons of classified information concerning that operating location. Therefore, pursuant to 42 U.S.C. 6961(a}. I hereby exempt the Air Force's operating location near Groom Lake, Nevada. 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 concerning that operating location to any unauthorized person This exemption shall be effective for the full one-year statutory period. Nothing herein is intended to: (a) imply that in the absence of such a Presidential exemption. the Resource Conservation and Recovery Act (RCRA) or any other provision of law pennit.s or requires disclosure of classified information to unauthorized persons: or (b) limit the applicability or enforce­ ment of any requirement of law applicable to the Air Fore.e's operating location near Groom We, Nevada. except those provuions. if any, that would require the disclosure of classified information. The Secretary of the Air Force is authorized and directed '° publish this determination in the Federal Register. � � THE WHlTI: HOUSE. Washington, September 28, 1996. TT➔ Lo:qr lRL ! 6/0C/fO THE WHITE HOUSE WASHINGTON V. Sincerely, 20510 *2 The Honorable Albert Gore, Jr. President of the Senate Washington, D. C. 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 28, 1996, I issued Presidential Determination 96-54 (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 information to unauthorized persons, but rather to eliminate any potential uncertainty arising from a decision in pending litigation, Kasza Browner (D. Nev. CV-S-94-795-PMP). 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 any, that would require the disclosure of classified information. Presidential Determination No. 96-54 exempted the U.S. 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. Dear Mr. President: Tuesday. October 8. 1996 iidential Determination No. 9S-54 of September 28, 1996 Memorandum for the Administrator f hereby exempt ±e Air Force’s operating location Lake, Nevada, except those provisions, if any, that location near Groom determination in the Federal Register. YVJ £0:9T HHl 2.6/OS/TO SOO® Memorandum for <h. Adminbtra.or of th. Euviroamenul PrutenHun Agency [and] the Secretary of the Air Force Title 3— The President THE WHITE HOUSE, Washington. September 2B, 1996. control and require ' [FK Doc. 96-15939 Fihd 10-7-98: 4:45 *m| ' Billing cod* 3910-Cl-M to any unauthorized person. This one-year statutory period. exempiiou" hall be et&fave for the full I find that it is in the paramount interest of the United exempt the United States Air Force’s operating locatton G"^£%5_pMP| (the subject of litigation in and rrost v. Perry (D. Nev. CV of classified information ment for the disclosure to unauthorized persons ot ciassmea the disclosure of classified informaUon concerning ^7DSr Jie Lil Nothing herein is intended to: (a) imply that in the absence of such a Presidential exemption, the Resource Conservation and Recovery Act (RCR. ) Essessg location near Groom Uke, Nevada except those provisions, if any, that would require the disclosure of classified information. The Secretary of the Air Force is authorized and directed to publish this Pres Presidential Determination on Classified ^'^“"cr^m ceming the Air Force's Operating Location Near Groom Lake, Nevada 0471 January 30, 1997 ACTION MEMORANDUM FOR SAMUEL R. BERGER THROUGH: FROM: Report to Congress on SUBJECT: The exemption was first granted last in the context of litigation (Browner) over the Government s Conservation and Recovery Act it should be submitted to Congress no later than Concurrence by: RECOMMENDATION That you sign the memorandum to the President at Tab I. NATIONAL SECURITY COUNCIL WASHINGTON, D.C. 20504 Attachments Memorandum for the President Letter to Speaker of the House Letter to President of the Senate Tab I Tab A Tab B Tab II Incoming Correspondence exemptions granted during the previous year and This is the second such report during The attached report has been coordinated location near Groom Lake, Nevada, from any ^PP11^1©Provisions of hazardous or v________ __________?yr> Joe Sestak, Bill Danvers^ and David Sandalow with CEQ as well as the Departments of Defense and Justice and the EPA; it should be submitted to Congress no later than January 31. Presidential Exemption Concerning the Operating Location Near Groom Lake In September the President exempted the nns solid waste laws that would require disclosure or classified information. year -- ---- compliance with the Resource (RCRA). Under RCRA, the President is required to report each January to the Congress all < the reasons for doing so. this Administration. ALAN KRECZKO JAMES BAKER‘S