[Weekly Compilation of Presidential Documents Volume 31, Number 31 (Monday, August 7, 1995)]
[Pages 1365-1373]
[Online from the Government Publishing Office, www.gpo.gov]
<R04>
Executive Order 12968--Access to Classified Information
August 2, 1995
The national interest requires that certain information be
maintained in confidence through a system of classification in order to
protect our citizens, our democratic institutions, and our participation
within the community of nations. The unauthorized disclosure of
information classified in the national interest can cause irreparable
damage to the national security and loss of human life.
Security policies designed to protect classified information must
ensure consistent, cost effective, and efficient protection of our
Nation's classified information, while providing fair and equitable
treatment to those Americans upon whom we rely to guard our national
security.
This order establishes a uniform Federal personnel security program
for employees who will be considered for initial or continued access to
classified information.
Now, Therefore, by the authority vested in me as President by the
Constitution and the laws of the United States of America, it is hereby
ordered as follows:
Part 1 Definitions, Access to Classified Information, Financial
Disclosure, and Other Items
Section 1.1. Definitions. For the purposes of this order: (a)
``Agency'' means any ``Executive agency,'' as defined in 5 U.S.C. 105,
the ``military departments,'' as defined in 5 U.S.C. 102, and any other
entity within the executive branch that comes into the possession of
classified information, including the Defense Intelligence Agency,
National Security Agency, and the National Reconnaissance Office.
(b) ``Applicant'' means a person other than an employee who has
received an authorized conditional offer of employment for a position
that requires access to classified information.
(c) ``Authorized investigative agency'' means an agency authorized
by law or regulation to conduct a counterintelligence investigation or
investigation of persons who are proposed for access to classified
information to ascertain whether such persons satisfy the criteria for
obtaining and retaining access to such information.
(d) ``Classified information'' means information that has been
determined pursuant to Executive Order No. 12958, or any successor
order, Executive Order No. 12951, or any successor order, or the Atomic
Energy Act of 1954 (42 U.S.C. 2011), to require protection against
unauthorized disclosure.
(e) ``Employee'' means a person, other than the President and Vice
President, employed by, detailed or assigned to, an agency, including
members of the Armed Forces; an expert or consultant to an agency; an
industrial or commercial contractor, licensee, certificate holder, or
grantee of an agency, including all subcontractors; a personal services
contractor; or any other category of person who acts for or on behalf of
an agency as determined by the appropriate agency head.
(f) ``Foreign power'' and ``agent of a foreign power'' have the
meaning provided in 50 U.S.C. 1801.
(g) ``Need for access'' means a determination that an employee
requires access to a particular level of classified information in order
to perform or assist in a lawful and authorized governmental function.
[[Page 1366]]
(h) ``Need-to-know'' means a determination made by an authorized
holder of classified information that a prospective recipient requires
access to specific classified information in order to perform or assist
in a lawful and authorized governmental function.
(i) ``Overseas Security Policy Board'' means the Board established
by the President to consider, develop, coordinate and promote policies,
standards and agreements on overseas security operations, programs and
projects that affect all United States Government agencies under the
authority of a Chief of Mission.
(j) ``Security Policy Board'' means the Board established by the
President to consider, coordinate, and recommend policy directives for
U.S. security policies, procedures, and practices.
(k) ``Special access program'' has the meaning provided in section
4.1 of Executive Order No. 12958, or any successor order.
Sec. 1.2. Access to Classified Information. (a) No employee shall be
granted access to classified information unless that employee has been
determined to be eligible in accordance with this order and to possess a
need-to-know.
(b) Agency heads shall be responsible for establishing and
maintaining an effective program to ensure that access to classified
information by each employee is clearly consistent with the interests of
the national security.
(c) Employees shall not be granted access to classified information
unless they:
(1) have been determined to be eligible for access under section 3.1
of this order by agency heads or designated officials based upon a
favorable adjudication of an appropriate investigation of the
employee's background;
(2) have a demonstrated need-to-know; and
(3) have signed an approved nondisclosure agreement.
(d) All employees shall be subject to investigation by an
appropriate government authority prior to being granted access to
classified information and at any time during the period of access to
ascertain whether they continue to meet the requirements for access.
(e)(1) All employees granted access to classified information shall
be required as a condition of such access to provide to the employing
agency written consent permitting access by an authorized investigative
agency, for such time as access to classified information is maintained
and for a period of 3 years thereafter, to:
(A) relevant financial records that are maintained by a financial
institution as defined in 31 U.S.C. 5312(a) or by a holding
company as defined in section 1101(6) of the Right to Financial
Privacy Act of 1978 (12 U.S.C. 3401);
(B) consumer reports pertaining to the employee under the Fair
Credit Reporting Act (15 U.S.C. 1681a); and
(C) records maintained by commercial entities within the United
States pertaining to any travel by the employee outside the United
States.
(2) Information may be requested pursuant to employee consent under
this section where:
(A) there are reasonable grounds to believe, based on credible
information, that the employee or former employee is, or may be,
disclosing classified information in an unauthorized manner to a
foreign power or agent of a foreign power;
(B) information the employing agency deems credible indicates the
employee or former employee has incurred excessive indebtedness or
has acquired a level of affluence that cannot be explained by
other information; or
(C) circumstances indicate the employee or former employee had the
capability and opportunity to disclose classified information that
is known to have been lost or compromised to a foreign power or an
agent of a foreign power.
(3) Nothing in this section shall be construed to affect the
authority of an investigating agency to obtain information pursuant to
the Right to Financial Privacy Act, the Fair Credit Reporting Act or any
other applicable law.
Sec. 1.3. Financial Disclosure. (a) Not later than 180 days after
the effective date of this order, the head of each agency that
originates, handles, transmits, or possesses
[[Page 1367]]
classified information shall designate each employee, by position or
category where possible, who has a regular need for access to classified
information that, in the discretion of the agency head, would reveal:
(1) the identity of covert agents as defined in the Intelligence
Identities Protection Act of 1982 (50 U.S.C. 421);
(2) technical or specialized national intelligence collection and
processing systems that, if disclosed in an unauthorized manner,
would substantially negate or impair the effectiveness of the
system;
(3) the details of:
(A) the nature, contents, algorithm, preparation, or use of any
code, cipher, or cryptographic system or;
(B) the design, construction, functioning, maintenance, or repair
of any cryptographic equipment; but not including information
concerning the use of cryptographic equipment and services;
(4) particularly sensitive special access programs, the disclosure
of which would substantially negate or impair the effectiveness of
the information or activity involved; or
(5) especially sensitive nuclear weapons design information (but
only for those positions that have been certified as being of a
high degree of importance or sensitivity, as described in section
145(f) of the Atomic Energy Act of 1954, as amended).
(b) An employee may not be granted access, or hold a position
designated as requiring access, to information described in subsection
(a) unless, as a condition of access to such information, the employee:
(1) files with the head of the agency a financial disclosure report,
including information with respect to the spouse and dependent
children of the employee, as part of all background investigations
or reinvestigations;
(2) is subject to annual financial disclosure requirements, if
selected by the agency head; and
(3) files relevant information concerning foreign travel, as
determined by the Security Policy Board.
(c) Not later than 180 days after the effective date of this order,
the Security Policy Board shall develop procedures for the
implementation of this section, including a standard financial
disclosure form for use by employees under subsection (b) of this
section, and agency heads shall identify certain employees, by position
or category, who are subject to annual financial disclosure.
Sec. 1.4. Use of Automated Financial Record Data Bases. As part of
all investigations and reinvestigations described in section 1.2(d) of
this order, agencies may request the Department of the Treasury, under
terms and conditions prescribed by the Secretary of the Treasury, to
search automated data bases consisting of reports of currency
transactions by financial institutions, international transportation of
currency or monetary instruments, foreign bank and financial accounts,
transactions under $10,000 that are reported as possible money
laundering violations, and records of foreign travel.
Sec. 1.5. Employee Education and Assistance. The head of each agency
that grants access to classified information shall establish a program
for employees with access to classified information to: (a) educate
employees about individual responsibilities under this order; and
(b) inform employees about guidance and assistance available
concerning issues that may affect their eligibility for access to
classified information, including sources of assistance for employees
who have questions or concerns about financial matters, mental health,
or substance abuse.
Part 2 Access Eligibility Policy and Procedure
Sec. 2.1. Eligibility Determinations. (a) Determinations of
eligibility for access to classified information shall be based on
criteria established under this order. Such determinations are separate
from suitability determinations with respect to the hiring or retention
of persons for employment by the government or any other personnel
actions.
(b) The number of employees that each agency determines are eligible
for access to classified information shall be kept to the minimum
required for the conduct of agency functions.
[[Page 1368]]
(1) Eligibility for access to classified information shall not be
requested or granted solely to permit entry to, or ease of
movement within, controlled areas when the employee has no need
for access and access to classified information may reasonably be
prevented. Where circumstances indicate employees may be
inadvertently exposed to classified information in the course of
their duties, agencies are authorized to grant or deny, in their
discretion, facility access approvals to such employees based on
an appropriate level of investigation as determined by each
agency.
(2) Except in agencies where eligibility for access is a mandatory
condition of employment, eligibility for access to classified
information shall only be requested or granted based on a
demonstrated, foreseeable need for access. Requesting or approving
eligibility in excess of actual requirements is prohibited.
(3) Eligibility for access to classified information may be granted
where there is a temporary need for access, such as one-time
participation in a classified project, provided the investigative
standards established under this order have been satisfied. In
such cases, a fixed date or event for expiration shall be
identified and access to classified information shall be limited
to information related to the particular project or assignment.
(4) Access to classified information shall be terminated when an
employee no longer has a need for access.
Sec. 2.2. Level of Access Approval. (a) The level at which an access
approval is granted for an employee shall be limited, and relate
directly, to the level of classified information for which there is a
need for access. Eligibility for access to a higher level of classified
information includes eligibility for access to information classified at
a lower level.
(b) Access to classified information relating to a special access
program shall be granted in accordance with procedures established by
the head of the agency that created the program or, for programs
pertaining to intelligence activities (including special activities but
not including military operational, strategic, and tactical programs) or
intelligence sources and methods, by the Director of Central
Intelligence. To the extent possible and consistent with the national
security interests of the United States, such procedures shall be
consistent with the standards and procedures established by and under
this order.
Sec. 2.3 Temporary Access to Higher Levels. (a) An employee who has
been determined to be eligible for access to classified information
based on favorable adjudication of a completed investigation may be
granted temporary access to a higher level where security personnel
authorized by the agency head to make access eligibility determinations
find that such access:
(1) is necessary to meet operational or contractual exigencies not
expected to be of a recurring nature;
(2) will not exceed 180 days; and
(3) is limited to specific, identifiable information that is made
the subject of a written access record.
(b) Where the access granted under subsection (a) of this section
involves another agency's classified information, that agency must
concur before access to its information is granted.
Sec. 2.4. Reciprocal Acceptance of Access Eligibility
Determinations. (a) Except when an agency has substantial information
indicating that an employee may not satisfy the standards in section 3.1
of this order, background investigations and eligibility determinations
conducted under this order shall be mutually and reciprocally accepted
by all agencies.
(b) Except where there is substantial information indicating that
the employee may not satisfy the standards in section 3.1 of this order,
an employee with existing access to a special access program shall not
be denied eligibility for access to another special access program at
the same sensitivity level as determined personally by the agency head
or deputy agency head, or have an existing access eligibility
readjudicated, so long as the employee has a need for access to the
information involved.
(c) This section shall not preclude agency heads from establishing
additional, but not duplicative, investigative or adjudicative pro-
[[Page 1369]]
cedures for a special access program or for candidates for detail or
assignment to their agencies, where such procedures are required in
exceptional circumstances to protect the national security.
(d) Where temporary eligibility for access is granted under sections
2.3 or 3.3 of this order or where the determination of eligibility for
access is conditional, the fact of such temporary or conditional access
shall be conveyed to any other agency that considers affording the
employee access to its information.
Sec. 2.5. Specific Access Requirement. (a) Employees who have been
determined to be eligible for access to classified information shall be
given access to classified information only where there is a need-to-
know that information.
(b) It is the responsibility of employees who are authorized holders
of classified information to verify that a prospective recipient's
eligibility for access has been granted by an authorized agency official
and to ensure that a need-to-know exists prior to allowing such access,
and to challenge requests for access that do not appear well-founded.
Sec. 2.6. Access by Non-United States Citizens. (a) Where there are
compelling reasons in furtherance of an agency mission, immigrant alien
and foreign national employees who possess a special expertise may, in
the discretion of the agency, be granted limited access to classified
information only for specific programs, projects, contracts, licenses,
certificates, or grants for which there is a need for access. Such
individuals shall not be eligible for access to any greater level of
classified information than the United States Government has determined
may be releasable to the country of which the subject is currently a
citizen, and such limited access may be approved only if the prior 10
years of the subject's life can be appropriately investigated. If there
are any doubts concerning granting access, additional lawful
investigative procedures shall be fully pursued.
(b) Exceptions to these requirements may be permitted only by the
agency head or the senior agency official designated under section 6.1
of this order to further substantial national security interests.
Part 3 Access Eligibility Standards
Sec. 3.1. Standards. (a) No employee shall be deemed to be eligible
for access to classified information merely by reason of Federal service
or contracting, licensee, certificate holder, or grantee status, or as a
matter of right or privilege, or as a result of any particular title,
rank, position, or affiliation.
(b) Except as provided in sections 2.6 and 3.3 of this order,
eligibility for access to classified information shall be granted only
to employees who are United States citizens for whom an appropriate
investigation has been completed and whose personal and professional
history affirmatively indicates loyalty to the United States, strength
of character, trustworthiness, honesty, reliability, discretion, and
sound judgment, as well as freedom from conflicting allegiances and
potential for coercion, and willingness and ability to abide by
regulations governing the use, handling, and protection of classified
information. A determination of eligibility for access to such
information is a discretionary security decision based on judgments by
appropriately trained adjudicative personnel. Eligibility shall be
granted only where facts and circumstances indicate access to classified
information is clearly consistent with the national security interests
of the United States, and any doubt shall be resolved in favor of the
national security.
(c) The United States Government does not discriminate on the basis
of race, color, religion, sex, national origin, disability, or sexual
orientation in granting access to classified information.
(d) In determining eligibility for access under this order, agencies
may investigate and consider any matter that relates to the
determination of whether access is clearly consistent with the interests
of national security. No inference concerning the standards in this
section may be raised solely on the basis of the sexual orientation of
the employee.
(e) No negative inference concerning the standards in this section
may be raised solely on the basis of mental health counseling. Such
counseling can be a positive factor in eligibility determinations.
However, mental health counseling, where relevant to the adjudication of
access to classified information,
[[Page 1370]]
may justify further inquiry to determine whether the standards of
subsection (b) of this section are satisfied, and mental health may be
considered where it directly relates to those standards.
(f) Not later than 180 days after the effective date of this order,
the Security Policy Board shall develop a common set of adjudicative
guidelines for determining eligibility for access to classified
information, including access to special access programs.
Sec. 3.2. Basis for Eligibility Approval. (a) Eligibility
determinations for access to classified information shall be based on
information concerning the applicant or employee that is acquired
through the investigation conducted pursuant to this order or otherwise
available to security officials and shall be made part of the
applicant's or employee's security record. Applicants or employees shall
be required to provide relevant information pertaining to their
background and character for use in investigating and adjudicating their
eligibility for access.
(b) Not later than 180 days after the effective date of this order,
the Security Policy Board shall develop a common set of investigative
standards for background investigations for access to classified
information. These standards may vary for the various levels of access.
(c) Nothing in this order shall prohibit an agency from utilizing
any lawful investigative procedure in addition to the investigative
requirements set forth in this order and its implementing regulations to
resolve issues that may arise during the course of a background
investigation or reinvestigation.
Sec. 3.3. Special Circumstances. (a) In exceptional circumstances
where official functions must be performed prior to the completion of
the investigative and adjudication process, temporary eligibility for
access to classified information may be granted to an employee while the
initial investigation is underway. When such eligibility is granted, the
initial investigation shall be expedited.
(1) Temporary eligibility for access under this section shall
include a justification, and the employee must be notified in
writing that further access is expressly conditioned on the
favorable completion of the investigation and issuance of an
access eligibility approval. Access will be immediately
terminated, along with any assignment requiring an access
eligibility approval, if such approval is not granted.
(2) Temporary eligibility for access may be granted only by security
personnel authorized by the agency head to make access eligibility
determinations and shall be based on minimum investigative
standards developed by the Security Policy Board not later than
180 days after the effective date of this order.
(3) Temporary eligibility for access may be granted only to
particular, identified categories of classified information
necessary to perform the lawful and authorized functions that are
the basis for the granting of temporary access.
(b) Nothing in subsection (a) shall be construed as altering the
authority of an agency head to waive requirements for granting access to
classified information pursuant to statutory authority.
(c) Where access has been terminated under section 2.1(b)(4) of this
order and a new need for access arises, access eligibility up to the
same level shall be reapproved without further investigation as to
employees who were determined to be eligible based on a favorable
adjudication of an investigation completed within the prior 5 years,
provided they have remained employed by the same employer during the
period in question, the employee certifies in writing that there has
been no change in the relevant information provided by the employee for
the last background investigation, and there is no information that
would tend to indicate the employee may no longer satisfy the standards
established by this order for access to classified information.
(d) Access eligibility shall be reapproved for individuals who were
determined to be eligible based on a favorable adjudication of an
investigation completed within the prior 5 years and who have been
retired or otherwise separated from United States Government employment
for not more than 2 years; provided there is no indication the
individual may no longer satisfy the standards of this order, the
individual certifies in writing that there has been no change in the
relevant in-
[[Page 1371]]
formation provided by the individual for the last background
investigation, and an appropriate record check reveals no unfavorable
information.
Sec. 3.4. Reinvestigation Requirements. (a) Because circumstances
and characteristics may change dramatically over time and thereby alter
the eligibility of employees for continued access to classified
information, reinvestigations shall be conducted with the same priority
and care as initial investigations.
(b) Employees who are eligible for access to classified information
shall be the subject of periodic reinvestigations and may also be
reinvestigated if, at any time, there is reason to believe that they may
no longer meet the standards for access established in this order.
(c) Not later than 180 days after the effective date of this order,
the Security Policy Board shall develop a common set of reinvestigative
standards, including the frequency of reinvestigations.
Part 4 Investigations for Foreign Governments
Sec. 4. Authority. Agencies that conduct background investigations,
including the Federal Bureau of Investigation and the Department of
State, are authorized to conduct personnel security investigations in
the United States when requested by a foreign government as part of its
own personnel security program and with the consent of the individual.
Part 5 Review of Access Determinations
Sec. 5.1. Determinations of Need for Access. A determination under
section 2.1(b)(4) of this order that an employee does not have, or no
longer has, a need for access is a discretionary determination and shall
be conclusive.
Sec. 5.2. Review Proceedings for Denials or Revocations of
Eligibility for Access. (a) Applicants and employees who are determined
to not meet the standards for access to classified information
established in section 3.1 of this order shall be:
(1) provided as comprehensive and detailed a written explanation of
the basis for that conclusion as the national security interests
of the United States and other applicable law permit;
(2) provided within 30 days, upon request and to the extent the
documents would be provided if requested under the Freedom of
Information Act (5 U.S.C. 552) or the Privacy Act (3 U.S.C. 552a),
as applicable, any documents, records, and reports upon which a
denial or revocation is based;
(3) informed of their right to be represented by counsel or other
representative at their own expense; to request any documents,
records, and reports as described in section 5.2(a)(2) upon which
a denial or revocation is based; and to request the entire
investigative file, as permitted by the national security and
other applicable law, which, if requested, shall be promptly
provided prior to the time set for a written reply;
(4) provided a reasonable opportunity to reply in writing to, and to
request a review of, the determination;
(5) provided written notice of and reasons for the results of the
review, the identity of the deciding authority, and written notice
of the right to appeal;
(6) provided an opportunity to appeal in writing to a high level
panel, appointed by the agency head, which shall be comprised of
at least three members, two of whom shall be selected from outside
the security field. Decisions of the panel shall be in writing,
and final except as provided in subsection (b) of this section;
and
(7) provided an opportunity to appear personally and to present
relevant documents, materials, and information at some point in
the process before an adjudicative or other authority, other than
the investigating entity, as determined by the agency head. A
written summary or recording of such appearance shall be made part
of the applicant's or employee's security record, unless such
appearance occurs in the presence of the appeals panel described
in subsection (a)(6) of this section.
(b) Nothing in this section shall prohibit an agency head from
personally exercising the appeal authority in subsection (a)(6) of
[[Page 1372]]
this section based upon recommendations from an appeals panel. In such
case, the decision of the agency head shall be final.
(c) Agency heads shall promulgate regulations to implement this
section and, at their sole discretion and as resources and national
security considerations permit, may provide additional review
proceedings beyond those required by subsection (a) of this section.
This section does not require additional proceedings, however, and
creates no procedural or substantive rights.
(d) When the head of an agency or principal deputy personally
certifies that a procedure set forth in this section cannot be made
available in a particular case without damaging the national security
interests of the United States by revealing classified information, the
particular procedure shall not be made available. This certification
shall be conclusive.
(e) This section shall not be deemed to limit or affect the
responsibility and power of an agency head pursuant to any law or other
Executive order to deny or terminate access to classified information in
the interests of national security. The power and responsibility to deny
or terminate access to classified information pursuant to any law or
other Executive order may be exercised only where the agency head
determines that the procedures prescribed in subsection (a) of this
section cannot be invoked in a manner that is consistent with national
security. This determination shall be conclusive.
(f)(1) This section shall not be deemed to limit or affect the
responsibility and power of an agency head to make determinations of
suitability for employment.
(2) Nothing in this section shall require that an agency provide the
procedures prescribed in subsection (a) of this section to an applicant
where a conditional offer of employment is withdrawn for reasons of
suitability or any other reason other than denial of eligibility for
access to classified information.
(3) A suitability determination shall not be used for the purpose of
denying an applicant or employee the review proceedings of this section
where there has been a denial or revocation of eligibility for access to
classified information.
Part 6 Implementation
Sec. 6.1. Agency Implementing Responsibilities. Heads of agencies
that grant employees access to classified information shall: (a)
designate a senior agency official to direct and administer the agency's
personnel security program established by this order. All such programs
shall include active oversight and continuing security education and
awareness programs to ensure effective implementation of this order;
(b) cooperate, under the guidance of the Security Policy Board, with
other agencies to achieve practical, consistent, and effective
adjudicative training and guidelines; and
(c) conduct periodic evaluations of the agency's implementation and
administration of this order, including the implementation of section
1.3(a) of this order. Copies of each report shall be provided to the
Security Policy Board.
Sec. 6.2. Employee Responsibilities. (a) Employees who are granted
eligibility for access to classified information shall:
(1) protect classified information in their custody from
unauthorized disclosure;
(2) report all contacts with persons, including foreign nationals,
who seek in any way to obtain unauthorized access to classified
information;
(3) report all violations of security regulations to the appropriate
security officials; and
(4) comply with all other security requirements set forth in this
order and its implementing regulations.
(b) Employees are encouraged and expected to report any information
that raises doubts as to whether another employee's continued
eligibility for access to classified information is clearly consistent
with the national security.
Sec. 6.3. Security Policy Board Responsibilities and Implementation.
(a) With respect to actions taken by the Security Policy Board pursuant
to sections 1.3(c), 3.1(f), 3.2(b), 3.3(a)(2), and 3.4(c) of this order,
the Security Policy Board shall make recommendations to the President
through the Assistant to the President for National Security Affairs for
implementation.
(b) Any guidelines, standards, or procedures developed by the
Security Policy Board
[[Page 1373]]
pursuant to this order shall be consistent with those guidelines issued
by the Federal Bureau of Investigation in March 1994 on Background
Investigations Policy/Guidelines Regarding Sexual Orientation.
(c) In carrying out its responsibilities under this order, the
Security Policy Board shall consult where appropriate with the Overseas
Security Policy Board. In carrying out its responsibilities under
section 1.3(c) of this order, the Security Policy Board shall obtain the
concurrence of the Director of the Office of Management and Budget.
Sec. 6.4. Sanctions. Employees shall be subject to appropriate
sanctions if they knowingly and willfully grant eligibility for, or
allow access to, classified information in violation of this order or
its implementing regulations. Sanctions may include reprimand,
suspension without pay, removal, and other actions in accordance with
applicable law and agency regulations.
Part 7 General Provisions
Sec. 7.1. Classified Information Procedures Act. Nothing in this
order is intended to alter the procedures established under the
Classified Information Procedures Act (18 U.S.C. App. 1).
Sec. 7.2. General. (a) Information obtained by an agency under
sections 1.2(e) or 1.3 of this order may not be disseminated outside the
agency, except to:
(1) the agency employing the employee who is the subject of the
records or information;
(2) the Department of Justice for law enforcement or
counterintelligence purposes; or
(3) any agency if such information is clearly relevant to the
authorized responsibilities of such agency.
(b) The Attorney General, at the request of the head of an agency,
shall render an interpretation of this order with respect to any
question arising in the course of its administration.
(c) No prior Executive orders are repealed by this order. To the
extent that this order is inconsistent with any provision of any prior
Executive order, this order shall control, except that this order shall
not diminish or otherwise affect the requirements of Executive Order No.
10450, the denial and revocation procedures provided to individuals
covered by Executive Order No. 10865, as amended, or access by
historical researchers and former presidential appointees under
Executive Order No. 12958 or any successor order.
(d) If any provision of this order or the application of such
provision is held to be invalid, the remainder of this order shall not
be affected.
(e) This Executive order is intended only to improve the internal
management of the executive branch and is not intended to, and does not,
create any right to administrative or judicial review, or any other
right or benefit or trust responsibility, substantive or procedural,
enforceable by a party against the United States, its agencies or
instrumentalities, its officers or employees, or any other person.
(f) This order is effective immediately.
William J. Clinton
The White House,
August 2, 1995.
[Filed with the Office of the Federal Register, 12:18 p.m., August 4,
1995]
Note: This Executive order was released by the Office of the Press
Secretary on August 4, and it was published in the Federal Register on
August 7.