9806405 — Page 2023

2006-0527-F FOI MARKER Document ID: 9806405 Row: 45 Section: 5 Shelf: 9 Position: 3 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: 2059 FROM: PRESIDENT KEYWORDS:ACCESS PERSONS: SUBJECT: ACTION: PRESIDENT SGD PD 98-36 DUE DATE: 23 SEP 98 STATUS: C STAFF OFFICER: BAKER LOGREF: 95070559507092 FILES: WH NSCP:CODES: DOCUMENTDISTRIBUTION FOR ACTION FOR CONCURRENCE COMMENTS: DISPATCHED BYDATE BY HANDW/ATTCH OPENED BY: NSJWF CLOSED BY: NSGP DOC UNCLASSIFIED z I 1 LEGAL ISSUES PD UNCLASSIFIED NSC/RMO PROFILE TO: BROWNER, C PETERS, F W PD ON CLASSIFIED INFO CONCERNING AIR FORCE OPERATING LOCATION NEAR GROOM LAKE DOC DATE: 25 SEP 98 SOURCE REF: RECORD ID: 9806405 RECEIVED: 17 SEP 98 14 l ■ ! FOR INFO BAKER NSC CHRON 4 OF 4 RECORD ID: 9806405 DOC ACTION OFFICER CAO ASSIGNED ACTION REQUIRED DISPATCH DATA SUMMARY REPORT DOCDISPATCH FOR ACTION DISPATCH FOR INFO UNCLASSIFIED DATE Z Z z X 980924 980924 980925 980925 980925 980925 003 003 004 004 004 004 BROWNER, C PETERS, F W UNCLASSIFIED ACTION DATA SUMMARY REPORT VICE PRESIDENT WH CHIEF OF STAFF KENNEY, K CONROY, R DUSAULT, P SAUNDERS, T 98091714 PREPARE MEMO FOR BERGER 98092413 FWD TO PRESIDENT FOR SIGNATURE 98092413 FOR SIGNATURE 98092809 PRESIDENT SGD PD 98-36 001 BAKER 002 BERGER 003 PRESIDENT 004 r’ PROOFED BY: NSC INT ARS URGENT NOT PROOFED: BYPASSED VVW DESK: DISPOSITION INITIAL/DATE SEQUENCE TO Cosgriff Rice Davies Kerrick Steinberg V Berger Situation Room £ West Wing Desk Records Mgt. D = Dispatch R = RetainN = No Further Action A = Action I = Information cc: ^5 12 Sec Office has diskette ’’ „ Exec LOG# SYSTEM fRS' DOCLOG A/O —r y « 3 National Security Council The White House •sfigrp?? Ml/5? ‘ COMMENTS: \S I ’ f PROOFED BY: INT ARS URGENT NOT PROOFED: BYPASSED WW DESK: DOCLOG DISPOSITION INITIAL/DATE SEQUENCE TO Cosgriff i Rice Davies Kerrick _____ Steinberg Berger Situation Room West Wing Desk Records Mgt. N = No Further Action D = Dispatch R = Retain A = Action I = Information cc: Exec Sec Office has diskette i s National Security Council The White House a 7 2" LOG# SYSTEM CpRS) NSC A/O r "cSiMfeNTS: l/\jJ/?- 5 September 25, 1998 No. SUBJECT: from Nothing herein is intended to: persons; or (b) limit the applicaniiiry or enrorcemenu 01 . requirement of law applicable to the Air Force's operating Presidential Determination on Classified Information Concerning the Air Force's Operating Location Near Groom Lake, Nevada location near Groom Lake, Nevada, except those provisions, if any, that would require the disclosure of classified information. THE WHITE HOUSE WASH INGTON Presidential Determination 98-36 MEMORANDUM FOR THE ADMINISTRATOR OF THE ENVIRONMENTAL PROTECTION AGENCY THE SECRETARY OF THE AIR FORCE The Secretary of the Air Force is authorized and directed to publish this determination in the Federal Register. I find that it is in the paramount interest 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. Perry (D. Nev. CV-S-94-714-PMP), from any applicable requirement 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. 21 ‘ : (a) imply that in the absence of such a Presidential exemption, the Resource Conservation and Recovery Act (RCRA) or any other provision of law permits or requires disclosure of classified information to unauthorized -------- — limit the applicability or enforcement of any 6405 September 23, 1998 ACTION MEMORANDUM FOR S7XMUEL R. BERGER JAMES E. BAKER^5 FROM: SUBJECT: Concurrence by: RECOMMENDATION That you sign the attached memorandum to the President. Continuation of RCRA Exemption for Operating Location Near Groom Lake NATIONAL SECURITY COUNCIL WASHINGTON, D.C. 20504 Attachments Tab I Tab A Tab B Memorandum for the President Presidential Determination Incoming Correspondence Since 1995, the President has exempted the "Operating Location near Groom Lake" from the public disclosure requirements of the Resource Conversation Recovery Act in order to protect national security information. By statute, the exemption is effective for one year, unless renewed. In response to questions from the President, you requested that Defense, CIA and Energy review certain questions with respect to the Operating Location. A summary of this review was sent to the President in August, and is presently with John Podesta. Execution of this determination would not prejudge the President's satisfaction with this review. •-------^2 teX Joe Bouchard and David Sandalow With the concurrence of EPA and Justice, the Deputy Secretary of Defense is recommending that the President renew the exemption. Katie McGinty concurs as well. As with last year's exemption, the continuation expressly notes that it is not intended to limit the applicability or enforcement of any requirement of law applicable to the facility except those concerning the disclosure of classified information. To ensure continued protection of classified information the President should sign the attached exemption by September 25. 6405 THE WHITE HOUSE WASHINGTON ACTION 98 5tH2ypMl:14 MEMORANDUM FOR THE PRESIDENT THE EXECUTIVE CLERK THROUGH: SAMUEL R. BERGER FROM: SUBJECT: Purpose Background President • To continue to exempt the Air Force from public disclosure requirements concerning the inspection and inventory of hazardous waste at the Air Force "operating location near Groom Lake." Presidential Determination on RCRA Exemption for the Operating Location at Groom Lake Deputy Secretary of Defense Hamre and Acting Secretary of the Air Force Peters recommend that you renew the exemption to provide continued protection for national security information. EPA Administrator Browner and Department of Justice, Environmental and Natural Resources Division, concur in this recommendation as does Katie McGinty. As with last year's exemption, the attached document is worded to exempt the location only from disclosure requirements and not from applicable environmental standards. Since 1995, you have issued an exemption under the Resource Conservation and Recovery Act (RCRA) protecting from disclosure classified information concerning an Air Force location near Groom Lake, Nevada. By statute, the exemption is effective for one year, unless renewed. As a result, the attached exemption should be signed by September 25. The exemption was necessitated by litigation over RCRA compliance at the facility. While ruling that the information in question was appropriately classified, the Federal district court ruled that under RCRA classified information could only be protected from public disclosure pursuant to a Presidential exemption. On appeal, the circuit court declined to reach this issue and, consequently, an exemption continues to be required. cc: V^Ce Chief of Staff c- C/ PS * I FROM: HAMRE, J KEYWORDS:ACCESS PERSONS: SUBJECT:RENEWAL OF PRES EXEMPTION - RCRAFOR CLASSIFIED INFO RE GROOM LAKE ACTION: PREPARE MEMO FOR BERGER DUE DATE: 23 SEP 98 STATUS: S STAFF OFFICER: BAKER LOGREF: 95070559507092 FILES: WH NSCP:CODES: DOCUMENT DISTRIBUTION FOR CONCURRENCEFOR INFO BAKER COMMENTS: DISPATCHED BY DATE BY HAND W/ATTCH OPENED BY: NSJWFCLOSED BY: DOC1 OF 1 UNCLASSIFIED -• LEGAL ISSUES PD UNCLASSIFIED NSC/RMO PROFILE TO: PRESIDENT BERGER DOC DATE: 15 SEP 98 SOURCE REF: RECORD ID: 9806405 RECEIVED: 17 SEP 98 14 THE WHITE HOUSE WASHINGTON September 25, 1998 SUBJECT: one-year in the absence Conservation and Presidential Determination on Classified Information Concerning the Air Force's Operating Location Near Groom Lake, Nevada The Secretary of the Air Force is authorized and directed to publish this determination in the Federal Register. MEMORANDUM FOR THE ADMINISTRATOR OF THE ENVIRONMENTAL PROTECTION AGENCY THE SECRETARY OF THE AIR FORCE I find that it is in the paramount interest 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. Perry (D. Nev. CV-S-94-714-PMP), from any applicable requirement 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 statutory period. Nothing herein is intended to: (a) imply that of such a Presidential exemption, the Resource Recovery Act (RCRA) or any other provision of law permits or requires disclosure of classified information to unauthorized persons; or (b) limit the applicability or enforcement of any requirement of law applicable to the Air Force's operating location near Groom Lake, Nevada, except those provisions, if any, that would require the disclosure of classified information. Presidential Determination No.