Page:United States Statutes at Large Volume 114 Part 3.djvu/321

 PUBLIC LAW 106-398—APPENDIX 114 STAT. 1654A-279 required in the interest of national defense or foreign policy to be protected against unauthorized disclosure under criteria established by an Executive order and are classified, properly, at the confidential, secret, or top secret level pursuant to such Executive order. "(f) DISCLOSURES NOT AFFECTED. —Nothing in this section shall be construed to authorize any official to withhold, or to authorize the withholding of, information from the following: "(1) Congress. "(2) The Comptroller General, unless the information relates to activities that the President designates as foreign intelligence or counterintelligence activities. "(g) REGULATIONS.—(1) The national security officials referred to in subsection (h)(1) shall each prescribe regulations to carry out this section. The regulations shall include criteria for making the determinations required under subsection (b). The regulations may provide for controls on access to and use of, and special markings and specific safeguards for, a category or categories of information subject to this section. "(2) The regulations shall include procedures for notifying and consulting with each foreign government or international organization concerned about requests for disclosure of information to which this section applies. "(h) DEFINITIONS.—In this section: "(1) The term 'national security official concerned' means the following: "(A) The Secretary of Defense, with respect to information of concern to the Department of Defense, as determined by the Secretary. "(B) The Secretary of Transportation, with respect to information of concern to the Coast Guard, as determined by the Secretary, but only while the Coast Guard is not operating as a service in the Navy. "(C) The Secretary of Energy, with respect to information concerning the national security programs of the Department of Energy, as determined by the Secretary. "(2) The term 'agency' has the meaning given that term in section 552(f) of title 5. "(3) The term 'international organization' means the following: "(A) A public international organization designated pursuant to section 1 of the International Organizations Immunities Act (59 Stat. 669; 22 U.S.C. 288) as being entitled to enjoy the privileges, exemptions, and immunities provided in such Act. "(B) A public international organization created pursuant to a treaty or other international agreement as an instrument through or by which two or more foreign governments engage in some aspect of their conduct of international affairs. "(C) An official mission, except a United States mission, to a public international organization referred to in subparagraph (A) or (B).". 79-194O-00 - 11:QL3Part3

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