Page:United States Statutes at Large Volume 114 Part 3.djvu/319

 PUBLIC LAW 106-398—APPENDIX 114 STAT. 1654A-277 revise that process as determined necessary in relation to ongoing Department of Defense missions. "(d) CONSULTATION REQUIREMENT. —The Secretary shall consult with the Secretaries of the military departments and the heads of Defense Agencies in carrying out this section. "(e) SENSITIVE DUTIES.—For the purposes of this section, it is not necessary for the performance of duties to involve classified activities or classified matters in order for the duties to be considered sensitive and critical to the national security.". (b) CLERICAL AMENDMENT. —The table of sections at the beginning of such chapter is amended by adding after the item relating to section 1563, as added by section 542(b), the following new item: "1564. Security clearance investigations.". (c) DEADLINE FOR PRESCRIBING PROCESS FOR PRIORITIZING BACKGROUND INVESTIGATIONS FOR SECURITY CLEARANCES.— The process required by section 1564(a) of title 10, United States Code, as added by subsection (a), for expediting the completion of the background investigations necessary for granting security clearances for certain persons shall be prescribed not later than January 1, 2001. SEC. 1073. AUTHORITY TO WITHHOLD CERTAIN SENSITIVE INFORMA- TION 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: ^§ 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 (h)) 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 (rely- - ing 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.
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"(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

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