Senate Bill 1059 - DOD Appropriations for FY2000 (1999)

106th CONGRESS
1st Session
S. 1059
A BILL

To authorize appropriations for fiscal year 2000 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe personnel strengths for such fiscal year for the Armed Forces, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.
This Act may be cited as the `National Defense Authorization Act for Fiscal Year 2000'.

SEC. 1053. NONDISCLOSURE OF OPERATIONAL FILES OF THE NATIONAL IMAGERY AND MAPPING AGENCY.

(a) AUTHORITY TO WITHHOLD- Subchapter II of chapter 22 of title 10, United States Code, as amended by section 1005, is further amended by adding at the end the following:

Sec. 458. Withholding of operational files from public disclosure

(a) AUTHORITY- The Secretary of Defense may withhold from public disclosure operational files described in subsection (b) to the same extent that operational files may be withheld under section 701 of the National Security Act of 1947 (50 U.S.C. 431).

(b) COVERED OPERATIONAL FILES- The authority under subsection (a) applies to operational files in the possession of the National Imagery and Mapping Agency that--

(1) as of September 22, 1996, were maintained by the National Photographic Interpretation Center; or

(2) concern the activities of the Agency that, as of such date, were performed by the National Photographic Interpretation Center.

(c) OPERATIONAL FILES DEFINED- In this section, the term `operational files' has the meaning given the term in section 701(b) of the National Security Act of 1947 (50 U.S.C. 431(b)).

(b) CLERICAL AMENDMENT- The table of sections at the beginning of such subchapter, as amended by section 1005, is further amended by adding at the end the following:

"458. Withholding of operational files from public disclosure."

SEC. 1054. NONDISCLOSURE OF INFORMATION OF THE NATIONAL IMAGERY AND MAPPING AGENCY HAVING COMMERCIAL SIGNIFICANCE.

(a) AUTHORITY TO WITHHOLD- Subchapter II of chapter 22 of title 10, United States Code, as amended by section 1053, is further amended by adding at the end the following: Sec. 459. Withholding of certain commercially significant information from public disclosure

(a) AUTHORITY- The Secretary of Defense may withhold from public disclosure information in the possession of the National Imagery and Mapping Agency if the Secretary determines in writing that--

(1) public disclosure of the information would compete with or otherwise adversely affect commercial operations in any existing or emerging commercial industry or the operation of any existing or emerging commercial market; and

(2) withholding the information from public disclosure is consistent with the national security interests of the United States.

(b) RELATIONSHIP TO DCI AUTHORITY-

(1) Nothing in this section shall be construed as superseding, limiting, or otherwise affecting the authority and responsibilities of the Director of Central Intelligence to withhold or require the withholding of imagery and imagery intelligence from public disclosure under the National Security Act of 1947 (50 U.S.C. 401 et seq.), Executive Order No. 12951 or any successor Executive order, or directives of the President.

(2) In the administration of the authority under subsection (a) with respect to imagery and imagery intelligence, the Secretary of Defense shall be subject to the policies and directives prescribed by the Director of Central Intelligence for the public disclosure of such information.

(b) CLERICAL AMENDMENT- The table of sections at the beginning of such subchapter, as amended by section 1053, is further amended by adding at the end the following:

"459. Withholding of certain commercially significant information from public disclosure."