Classified National Security Information EO

634

Apr. 17 / Administration of William J. Clinton, 1995

formation that legitimately needs to be
guarded in the interests of national security.
In issuing this order, I am seeking to bring
the system for classifying, safeguarding, and
declassifying national security information
into line with our vision of American democracy in the post-Cold War world.
This order strikes an appropriate balance.
On the one hand, it will sharply reduce the
permitted level of secrecy within our Government, making available to the American
people and posterity most documents of permanent historical value that were maintained
in secrecy until now.
On the other, the order enables us to safeguard the information that we must hold in
confidence to protect our Nation and our
citizens. We must continue to protect information that is critical to the pursuit of our
national security interests. There are some
categories of information—for example, the
war plans we may employ or the identities
of clandestine human assets—that must remain protected.
This order also will reduce the sizable costs
of secrecy—the tangible costs of needlessly
guarding documents and the intangible costs
of depriving ourselves of the fullest possible
flow of information.
This order establishes many firsts: Classifiers will have to justify what they classify;
employees will be encouraged and expected
to challenge improper classification and protected from retribution for doing so; and
large-scale declassification won’t be dependent on the availability of individuals to conduct a line-by-line review. Rather, we will
automatically declassify hundreds of millions
of pages of information that were classified
in the past 50 years.
Similarly, we will no longer tolerate the
excesses of the current system. For example,
we will resolve doubtful calls about classification in favor of keeping the information unclassified. We will not permit the reclassification of information after it has been declassified and disclosed under proper authority.
We will authorize agency heads to balance
the public interest in disclosure against the
national security interest in making declassification decisions. And, we will no longer
presumptively classify certain categories of
information, whether or not the specific in-

formation otherwise meets the strict standards for classification. At the same time, however, we will maintain every necessary safeguard and procedure to assure that appropriately classified information is fully protected.
Taken together, these reforms will greatly
reduce the amount of information that we
classify in the first place and the amount that
remains classified. Perhaps most important,
the reforms will create a classification system
that Americans can trust to protect our national security in a reasonable, limited, and
cost-effective manner.
In keeping with my goals and commitments, this order was drafted in an unprecedented environment of openness. We held
open hearings and benefitted from the recommendations of interested Committees of
Congress and nongovernmental organizations, groups, businesses, and individuals.
The order I have signed today is stronger
because of the advice we received from so
many sources. I thank all those who have
helped to establish this new system as a
model for protecting our national security
within the framework of a Government of,
by, and for the people.
William J. Clinton
The White House,
April 17, 1995.

Executive Order 12958—Classified
National Security Information
April 17, 1995
This order prescribes a uniform system for
classifying, safeguarding, and declassifying
national security information. Our democratic principles require that the American
people be informed of the activities of their
Government. Also, our Nation’s progress depends on the free flow of information. Nevertheless, throughout our history, the national
interest has required that certain information
be maintained in confidence in order to protect our citizens, our democratic institutions,
and our participation within the community
of nations. Protecting information critical to
our Nation’s security remains a priority. In
recent years, however, dramatic changes
have altered, although not eliminated, the

Administration of William J. Clinton, 1995 / Apr. 17
national security threats that we confront.
These changes provide a greater opportunity
to emphasize our commitment to open Government.
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 Original Classification
Section 1.1. Definitions. For purposes of
this order:
(a) ‘‘National security’’ means the national
defense or foreign relations of the United
States.
(b) ‘‘Information’’ means any knowledge
that can be communicated or documentary
material, regardless of its physical form or
characteristics, that is owned by, produced
by or for, or is under the control of the United States Government. ‘‘Control’’ means the
authority of the agency that originates information, or its successor in function, to regulate access to the information.
(c) ‘‘Classified national security information’’ (hereafter ‘‘classified information’’)
means information that has been determined
pursuant to this order or any predecessor
order to require protection against unauthorized disclosure and is marked to indicate its
classified status when in documentary form.
(d) ‘‘Foreign Government Information’’
means:
(1) information provided to the United
States Government by a foreign government or governments, an international
organization of governments, or any element thereof, with the expectation that
the information, the source of the information, or both, are to be held in confidence;
(2) information produced by the United
States pursuant to or as a result of a joint
arrangement with a foreign government
or governments, or an international organization of governments, or any element thereof, requiring that the information, the arrangement, or both, are
to be held in confidence; or
(3) information received and treated as
‘‘Foreign Government Information’’
under the terms of a predecessor order.

635

(e) ‘‘Classification’’ means the act or process by which information is determined to
be classified information.
(f) ‘‘Original classification’’ means an initial
determination that information requires, in
the interest of national security, protection
against unauthorized disclosure.
(g) ‘‘Original classification authority’’
means an individual authorized in writing, either by the President, or by agency heads
or other officials designated by the President,
to classify information in the first instance.
(h) ‘‘Unauthorized disclosure’’ means a
communication or physical transfer of classified information to an unauthorized recipient.
(i) ‘‘Agency’’ means any ‘‘Executive agency,’’ as defined in 5 U.S.C. 105, and any other
entity within the executive branch that comes
into the possession of classified information.
(j) ‘‘Senior agency official’’ means the official designated by the agency head under
section 5.6(c) of this order to direct and administer the agency’s program under which
information is classified, safeguarded, and
declassified.
(k) ‘‘Confidential source’’ means any individual or organization that has provided, or
that may reasonably be expected to provide,
information to the United States on matters
pertaining to the national security with the
expectation that the information or relationship, or both, are to be held in confidence.
(l) ‘‘Damage to the national security’’
means harm to the national defense or foreign relations of the United States from the
unauthorized disclosure of information, to include the sensitivity, value, and utility of that
information.
Sec. 1.2. Classification Standards. (a) Information may be originally classified under
the terms of this order only if all of the following conditions are met:
(1) an original classification authority is
classifying the information;
(2) the information is owned by, produced by or for, or is under the control
of the United States Government;
(3) the information falls within one or
more of the categories of information
listed in section 1.5 of this order; and
(4) the original classification authority
determines that the unauthorized dis-

636

Apr. 17 / Administration of William J. Clinton, 1995

closure of the information reasonably
could be expected to result in damage to the
national security and the original classification authority is able to identify or describe
the damage.
(b) If there is significant doubt about the
need to classify information, it shall not be
classified. This provision does not:
(1) amplify or modify the substantive
criteria or procedures for classification;
or
(2) create any substantive or procedural
rights subject to judicial review.
(c) Classified information shall not be declassified automatically as a result of any unauthorized disclosure of identical or similar
information.
Sec. 1.3. Classification Levels. (a) Information may be classified at one of the following three levels:
(1) ‘‘Top Secret’’ shall be applied to information, the unauthorized disclosure
of which reasonably could be expected
to cause exceptionally grave damage to
the national security that the original
classification authority is able to identify
or describe.
(2) ‘‘Secret’’ shall be applied to information, the unauthorized disclosure of
which reasonably could be expected to
cause serious damage to the national security that the original classification authority is able to identify or describe.
(3) ‘‘Confidential’’ shall be applied to information, the unauthorized disclosure
of which reasonably could be expected
to cause damage to the national security
that the original classification authority
is able to identify or describe.
(b) Except as otherwise provided by statute, no other terms shall be used to identify
United States classified information.
(c) If there is significant doubt about the
appropriate level of classification, it shall be
classified at the lower level.
Sec. 1.4. Classification Authority. (a) The
authority to classify information originally
may be exercised only by:
(1) the President;
(2) agency heads and officials designated
by the President in the Federal Register;
or

(3) United States Government officials
delegated this authority pursuant to
paragraph (c), below.
(b) Officials authorized to classify information at a specified level are also authorized
to classify information at a lower level.
(c) Delegation of original classification authority.
(1) Delegations of original classification
authority shall be limited to the minimum required to administer this order.
Agency heads are responsible for ensuring that designated subordinate officials
have a demonstrable and continuing
need to exercise this authority.
(2) ‘‘Top Secret’’ original classification
authority may be delegated only by the
President or by an agency head or official designated pursuant to paragraph
(a)(2), above.
(3) ‘‘Secret’’ or ‘‘Confidential’’ original
classification authority may be delegated
only by the President; an agency head
or official designated pursuant to paragraph (a)(2), above; or the senior agency
official, provided that official has been
delegated ‘‘Top Secret’’ original classification authority by the agency head.
(4) Each delegation of original classification authority shall be in writing and the
authority shall not be redelegated except
as provided in this order. Each delegation shall identify the official by name
or position title.
(d) Original classification authorities must
receive training in original classification as
provided in this order and its implementing
directives.
(e) Exceptional cases. When an employee,
contractor, licensee, certificate holder, or
grantee of an agency that does not have original classification authority originates information believed by that person to require
classification, the information shall be protected in a manner consistent with this order
and its implementing directives. The information shall be transmitted promptly as provided under this order or its implementing
directives to the agency that has appropriate
subject matter interest and classification authority with respect to this information. That
agency shall decide within 30 days whether
to classify this information. If it is not clear

Administration of William J. Clinton, 1995 / Apr. 17
which agency has classification responsibility
for this information, it shall be sent to the
Director of the Information Security Oversight Office. The Director shall determine
the agency having primary subject matter interest and forward the information, with appropriate recommendations, to that agency
for a classification determination.
Sec. 1.5. Classification Categories.
Information may not be considered for
classification unless it concerns:
(a) military plans, weapons systems, or operations;
(b) foreign government information;
(c) intelligence activities (including special
activities), intelligence sources or methods,
or cryptology;
(d) foreign relations or foreign activities of
the United States, including confidential
sources;
(e) scientific, technological, or economic
matters relating to the national security;
(f) United States Government programs
for safeguarding nuclear materials or facilities; or
(g) vulnerabilities or capabilities of systems, installations, projects or plans relating
to the national security.
Sec. 1.6. Duration of Classification. (a) At
the time of original classification, the original
classification authority shall attempt to establish a specific date or event for declassification based upon the duration of the national
security sensitivity of the information. The
date or event shall not exceed the time frame
in paragraph (b), below.
(b) If the original classification authority
cannot determine an earlier specific date or
event for declassification, information shall
be marked for declassification 10 years from
the date of the original decision, except as
provided in paragraph (d), below.
(c) An original classification authority may
extend the duration of classification or reclassify specific information for successive periods not to exceed 10 years at a time if such
action is consistent with the standards and
procedures established under this order. This
provision does not apply to information contained in records that are more than 25 years
old and have been determined to have permanent historical value under title 44, United
States Code.

637

(d) At the time of original classification,
the original classification authority may exempt from declassification within 10 years
specific information, the unauthorized disclosure of which could reasonably be expected
to cause damage to the national security for
a period greater than that provided in paragraph (b), above, and the release of which
could reasonably be expected to:
(1) reveal an intelligence source, method, or activity, or a cryptologic system
or activity;
(2) reveal information that would assist
in the development or use of weapons
of mass destruction;
(3) reveal information that would impair
the development or use of technology
within a United States weapons system;
(4) reveal United States military plans,
or national security emergency preparedness plans;
(5) reveal foreign government information;
(6) damage relations between the United States and a foreign government, reveal a confidential source, or seriously
undermine diplomatic activities that are
reasonably expected to be ongoing for
a period greater than that provided in
paragraph (b), above;
(7) impair the ability of responsible
United States Government officials to
protect the President, the Vice President, and other individuals for whom
protection services, in the interest of national security, are authorized; or
(8) violate a statute, treaty, or international agreement.
(e) Information marked for an indefinite
duration of classification under predecessor
orders, for example, ‘‘Originating Agency’s
Determination Required,’’ or information
classified under predecessor orders that contains no declassification instructions shall be
declassified in accordance with part 3 of this
order.
Sec. 1.7. Identification and Markings. (a)
At the time of original classification, the following shall appear on the face of each classified document, or shall be applied to other
classified media in an appropriate manner:
(1) one of the three classification levels
defined in section 1.3 of this order;

638

Apr. 17 / Administration of William J. Clinton, 1995

(2) the identity, by name or personal
identifier and position, of the original
classification authority;
(3) the agency and office of origin, if
not otherwise evident;
(4) declassification instructions, which
shall indicate one of the following:
(A) the date or event for
declassification, as prescribed in
section 1.6(a) or section 1.6(c); or
(B) the date that is 10 years from the
date of original classification, as
prescribed in section 1.6(b); or
(C) the exemption category from
declassification, as prescribed in
section 1.6(d); and
(5) a concise reason for classification
which, at a minimum, cites the applicable classification categories in section
1.5 of this order.
(b) Specific information contained in paragraph (a), above, may be excluded if it would
reveal additional classified information.
(c) Each classified document shall, by
marking or other means, indicate which portions are classified, with the applicable classification level, which portions are exempt
from declassification under section 1.6(d) of
this order, and which portions are unclassified. In accordance with standards prescribed in directives issued under this order,
the Director of the Information Security
Oversight Office may grant waivers of this
requirement for specified classes of documents or information. The Director shall revoke any waiver upon a finding of abuse.
(d) Markings implementing the provisions
of this order, including abbreviations and requirements to safeguard classified working
papers, shall conform to the standards prescribed in implementing directives issued
pursuant to this order.
(e) Foreign government information shall
retain its original classification markings or
shall be assigned a U.S. classification that
provides a degree of protection at least equivalent to that required by the entity that furnished the information.
(f) Information assigned a level of classification under this or predecessor orders
shall be considered as classified at that level
of classification despite the omission of other
required markings. Whenever such informa-

tion is used in the derivative classification
process or is reviewed for possible declassification, holders of such information shall
coordinate with an appropriate classification
authority for the application of omitted markings.
(g) The classification authority shall, whenever practicable, use a classified addendum
whenever classified information constitutes a
small portion of an otherwise unclassified
document.
Sec. 1.8. Classification Prohibitions and
Limitations. (a) In no case shall information
be classified in order to:
(1) conceal violations of law, inefficiency, or administrative error;
(2) prevent embarrassment to a person,
organization, or agency;
(3) restrain competition; or
(4) prevent or delay the release of information that does not require protection
in the interest of national security.
(b) Basic scientific research information
not clearly related to the national security
may not be classified.
(c) Information may not be reclassified
after it has been declassified and released to
the public under proper authority.
(d) Information that has not previously
been disclosed to the public under proper
authority may be classified or reclassified
after an agency has received a request for
it under the Freedom of Information Act (5
U.S.C. 552) or the Privacy Act of 1974 (5
U.S.C. 552a), or the mandatory review provisions of section 3.6 of this order only if such
classification meets the requirements of this
order and is accomplished on a documentby-document basis with the personal participation or under the direction of the agency
head, the deputy agency head, or the senior
agency official designated under section 5.6
of this order. This provision does not apply
to classified information contained in records
that are more than 25 years old and have
been determined to have permanent historical value under title 44, United States Code.
(e) Compilations of items of information
which are individually unclassified may be
classified if the compiled information reveals
an additional association or relationship that:
(1) meets the standards for classification
under this order; and

Administration of William J. Clinton, 1995 / Apr. 17
(2) is not otherwise revealed in the individual items of information.
As used in this order, ‘‘compilation’’ means
an aggregation of pre-existing unclassified
items of information.
Sec. 1.9. Classification Challenges. (a) Authorized holders of information who, in good
faith, believe that its classification status is
improper are encouraged and expected to
challenge the classification status of the information in accordance with agency procedures established under paragraph (b),
below.
(b) In accordance with implementing directives issued pursuant to this order, an
agency head or senior agency official shall
establish procedures under which authorized
holders of information are encouraged and
expected to challenge the classification of information that they believe is improperly
classified or unclassified. These procedures
shall assure that:
(1) individuals are not subject to retribution for bringing such actions;
(2) an opportunity is provided for review
by an impartial official or panel; and
(3) individuals are advised of their right
to appeal agency decisions to the Interagency Security Classification Appeals
Panel established by section 5.4 of this
order.
Part 2 Derivative Classification
Sec. 2.1. Definitions. For purposes of this
order: (a) ‘‘Derivative classification’’ means
the incorporating, paraphrasing, restating or
generating in new form information that is
already classified, and marking the newly developed material consistent with the classification markings that apply to the source information. Derivative classification includes
the classification of information based on
classification guidance. The duplication or
reproduction of existing classified information is not derivative classification.
(b) ‘‘Classification guidance’’ means any instruction or source that prescribes the classification of specific information.
(c) ‘‘Classification guide’’ means a documentary form of classification guidance issued by an original classification authority
that identifies the elements of information
regarding a specific subject that must be clas-

639

sified and establishes the level and duration
of classification for each such element.
(d) ‘‘Source document’’ means an existing
document that contains classified information that is incorporated, paraphrased, restated, or generated in new form into a new
document.
(e) ‘‘Multiple sources’’ means two or more
source documents, classification guides, or a
combination of both.
Sec. 2.2. Use of Derivative Classification.
(a) Persons who only reproduce, extract, or
summarize classified information, or who
only apply classification markings derived
from source material or as directed by a classification guide, need not possess original
classification authority.
(b) Persons who apply derivative classification markings shall:
(1) observe and respect original classification decisions; and
(2) carry forward to any newly created
documents the pertinent classification
markings. For information derivatively
classified based on multiple sources, the
derivative classifier shall carry forward:
(A) the date or event for
declassification that corresponds to
the longest period of classification
among the sources; and
(B) a listing of these sources on or
attached to the official file or record
copy.
Sec. 2.3. Classification Guides. (a) Agencies with original classification authority shall
prepare classification guides to facilitate the
proper and uniform derivative classification
of information. These guides shall conform
to standards contained in directives issued
under this order.
(b) Each guide shall be approved personally and in writing by an official who:
(1) has program or supervisory responsibility over the information or is the
senior agency official; and
(2) is authorized to classify information
originally at the highest level of classification prescribed in the guide.
(c) Agencies shall establish procedures to
assure that classification guides are reviewed
and updated as provided in directives issued
under this order.

640

Apr. 17 / Administration of William J. Clinton, 1995

Part 3 Declassification and
Downgrading
Sec. 3.1. Definitions. For purposes of this
order: (a) ‘‘Declassification’’ means the authorized change in the status of information
from classified information to unclassified information.
(b) ‘‘Automatic declassification’’ means the
declassification of information based solely
upon:
(1) the occurrence of a specific date or
event as determined by the original classification authority; or
(2) the expiration of a maximum time
frame for duration of classification established under this order.
(c) ‘‘Declassification authority’’ means:
(1) the official who authorized the original classification, if that official is still
serving in the same position;
(2) the originator’s current successor in
function;
(3) a supervisory official of either; or
(4) officials delegated declassification
authority in writing by the agency head
or the senior agency official.
(d) ‘‘Mandatory declassification review’’
means the review for declassification of classified information in response to a request
for declassification that meets the requirements under section 3.6 of this order.
(e) ‘‘Systematic declassification review’’
means the review for declassification of classified information contained in records that
have been determined by the Archivist of the
United States (‘‘Archivist’’) to have permanent historical value in accordance with
chapter 33 of title 44, United States Code.
(f) ‘‘Declassification guide’’ means written
instructions issued by a declassification authority that describes the elements of information regarding a specific subject that may
be declassified and the elements that must
remain classified.
(g) ‘‘Downgrading’’ means a determination
by a declassification authority that information classified and safeguarded at a specified
level shall be classified and safeguarded at
a lower level.
(h) ‘‘File series’’ means documentary material, regardless of its physical form or characteristics, that is arranged in accordance
with a filing system or maintained as a unit

because it pertains to the same function or
activity.
Sec. 3.2. Authority for Declassification.
(a) Information shall be declassified as soon
as it no longer meets the standards for classification under this order.
(b) It is presumed that information that
continues to meet the classification requirements under this order requires continued
protection. In some exceptional cases, however, the need to protect such information
may be outweighed by the public interest in
disclosure of the information, and in these
cases the information should be declassified.
When such questions arise, they shall be referred to the agency head or the senior agency official. That official will determine, as an
exercise of discretion, whether the public interest in disclosure outweighs the damage to
national security that might reasonably be expected from disclosure. This provision does
not:
(1) amplify or modify the substantive
criteria or procedures for classification;
or
(2) create any substantive or procedural
rights subject to judicial review.
(c) If the Director of the Information Security Oversight Office determines that information is classified in violation of this
order, the Director may require the information to be declassified by the agency that
originated the classification. Any such decision by the Director may be appealed to the
President through the Assistant to the President for National Security Affairs. The information shall remain classified pending a
prompt decision on the appeal.
(d) The provisions of this section shall also
apply to agencies that, under the terms of
this order, do not have original classification
authority, but had such authority under predecessor orders.
Sec. 3.3. Transferred Information. (a) In
the case of classified information transferred
in conjunction with a transfer of functions,
and not merely for storage purposes, the receiving agency shall be deemed to be the
originating agency for purposes of this order.
(b) In the case of classified information
that is not officially transferred as described
in paragraph (a), above, but that originated
in an agency that has ceased to exist and for

Administration of William J. Clinton, 1995 / Apr. 17
which there is no successor agency, each
agency in possession of such information
shall be deemed to be the originating agency
for purposes of this order. Such information
may be declassified or downgraded by the
agency in possession after consultation with
any other agency that has an interest in the
subject matter of the information.
(c) Classified information accessioned into
the National Archives and Records Administration (‘‘National Archives’’) as of the effective date of this order shall be declassified
or downgraded by the Archivist in accordance with this order, the directives issued
pursuant to this order, agency declassification guides, and any existing procedural
agreement between the Archivist and the relevant agency head.
(d) The originating agency shall take all
reasonable steps to declassify classified information contained in records determined to
have permanent historical value before they
are accessioned into the National Archives.
However, the Archivist may require that
records containing classified information be
accessioned into the National Archives when
necessary to comply with the provisions of
the Federal Records Act. This provision does
not apply to information being transferred to
the Archivist pursuant to section 2203 of title
44, United States Code, or information for
which the National Archives and Records
Administration serves as the custodian of the
records of an agency or organization that
goes out of existence.
(e) To the extent practicable, agencies
shall adopt a system of records management
that will facilitate the public release of documents at the time such documents are declassified pursuant to the provisions for automatic declassification in sections 1.6 and 3.4
of this order.
Sec. 3.4. Automatic Declassification. (a)
Subject to paragraph (b), below, within 5
years from the date of this order, all classified
information contained in records that (1) are
more than 25 years old, and (2) have been
determined to have permanent historical
value under title 44, United States Code,
shall be automatically declassified whether or
not the records have been reviewed. Subsequently, all classified information in such
records shall be automatically declassified no

641

longer than 25 years from the date of its
original classification, except as provided in
paragraph (b), below.
(b) An agency head may exempt from
automatic declassification under paragraph
(a), above, specific information, the release
of which should be expected to:
(1) reveal the identity of a confidential
human source, or reveal information
about the application of an intelligence
source or method, or reveal the identity
of a human intelligence source when the
unauthorized disclosure of that source
would clearly and demonstrably damage
the national security interests of the
United States;
(2) reveal information that would assist
in the development or use of weapons
of mass destruction;
(3) reveal information that would impair
U.S. cryptologic systems or activities;
(4) reveal information that would impair
the application of state of the art technology within a U.S. weapon system;
(5) reveal actual U.S. military war plans
that remain in effect;
(6) reveal information that would seriously and demonstrably impair relations
between the United States and a foreign
government, or seriously and demonstrably undermine ongoing diplomatic
activities of the United States;
(7) reveal information that would clearly
and demonstrably impair the current
ability of United States Government officials to protect the President, Vice
President, and other officials for whom
protection services, in the interest of national security, are authorized;
(8) reveal information that would seriously and demonstrably impair current
national security emergency preparedness plans; or
(9) violate a statute, treaty, or international agreement.
(c) No later than the effective date of this
order, an agency head shall notify the President through the Assistant to the President
for National Security Affairs of any specific
file series of records for which a review or
assessment has determined that the information within those file series almost invariably
falls within one or more of the exemption

642

Apr. 17 / Administration of William J. Clinton, 1995

categories listed in paragraph (b), above, and
which the agency proposes to exempt from
automatic declassification. The notification
shall include:
(1) a description of the file series;
(2) an explanation of why the information within the file series is almost invariably exempt from automatic declassification and why the information must
remain classified for a longer period of
time; and
(3) except for the identity of a confidential human source or a human intelligence source, as provided in paragraph
(b), above, a specific date or event for
declassification of the information.
The President may direct the agency head
not to exempt the file series or to declassify
the information within that series at an earlier date than recommended.
(d) At least 180 days before information
is automatically declassified under this section, an agency head or senior agency official
shall notify the Director of the Information
Security Oversight Office, serving as Executive Secretary of the Interagency Security
Classification Appeals Panel, of any specific
information beyond that included in a notification to the President under paragraph (c),
above, that the agency proposes to exempt
from automatic declassification. The notification shall include:
(1) a description of the information;
(2) an explanation of why the information is exempt from automatic declassification and must remain classified for
a longer period of time; and
(3) except for the identity of a confidential human source or a human intelligence source, as provided in paragraph
(b), above, a specific date or event for
declassification of the information. The
Panel may direct the agency not to exempt the information or to declassify it
at an earlier date than recommended.
The agency head may appeal such a decision to the President through the Assistant to the President for National Security Affairs. The information will remain classified while such an appeal is
pending.
(e) No later than the effective date of this
order, the agency head or senior agency offi-

cial shall provide the Director of the Information Security Oversight Office with a plan
for compliance with the requirements of this
section, including the establishment of interim target dates. Each such plan shall include the requirement that the agency declassify at least 15 percent of the records affected by this section no later than 1 year
from the effective date of this order, and
similar commitments for subsequent years
until the effective date for automatic declassification.
(f) Information exempted from automatic
declassification under this section shall remain subject to the mandatory and systematic declassification review provisions of this
order.
(g) The Secretary of State shall determine
when the United States should commence
negotiations with the appropriate officials of
a foreign government or international organization of governments to modify any treaty
or international agreement that requires the
classification of information contained in
records affected by this section for a period
longer than 25 years from the date of its creation, unless the treaty or international agreement pertains to information that may otherwise remain classified beyond 25 years under
this section.
Sec. 3.5. Systematic Declassification Review. (a) Each agency that has originated
classified information under this order or its
predecessors shall establish and conduct a
program for systematic declassification review. This program shall apply to historically
valuable records exempted from automatic
declassification under section 3.4 of this
order. Agencies shall prioritize the systematic
review of records based upon:
(1) recommendations of the Information
Security Policy Advisory Council, established in section 5.5 of this order, on
specific subject areas for systematic review concentration; or
(2) the degree of researcher interest and
the likelihood of declassification upon
review.
(b) The Archivist shall conduct a systematic declassification review program for classified information: (1) accessioned into the
National Archives as of the effective date of
this order; (2) information transferred to the

Administration of William J. Clinton, 1995 / Apr. 17
Archivist pursuant to section 2203 of title 44,
United States Code; and (3) information for
which the National Archives and Records
Administration serves as the custodian of the
records of an agency or organization that has
gone out of existence. This program shall
apply to pertinent records no later than 25
years from the date of their creation. The
Archivist shall establish priorities for the systematic review of these records based upon
the recommendations of the Information Security Policy Advisory Council; or the degree
of researcher interest and the likelihood of
declassification upon review. These records
shall be reviewed in accordance with the
standards of this order, its implementing directives, and declassification guides provided
to the Archivist by each agency that originated the records. The Director of the Information Security Oversight Office shall assure
that agencies provide the Archivist with adequate and current declassification guides.
(c) After consultation with affected agencies, the Secretary of Defense may establish
special procedures for systematic review for
declassification of classified cryptologic information, and the Director of Central Intelligence may establish special procedures for
systematic review for declassification of classified information pertaining to intelligence
activities (including special activities), or intelligence sources or methods.
Sec. 3.6. Mandatory Declassification Review. (a) Except as provided in paragraph (b),
below, all information classified under this
order or predecessor orders shall be subject
to a review for declassification by the originating agency if:
(1) the request for a review describes
the document or material containing the
information with sufficient specificity to
enable the agency to locate it with a reasonable amount of effort;
(2) the information is not exempted
from search and review under the
Central Intelligence Agency Information Act; and
(3) the information has not been reviewed for declassification within the
past 2 years. If the agency has reviewed
the information within the past 2 years,
or the information is the subject of
pending litigation, the agency shall in-

643

form the requester of this fact and of
the requester’s appeal rights.
(b) Information originated by:
(1) the incumbent President;
(2) the incumbent President’s White
House Staff;
(3) committees, commissions, or boards
appointed by the incumbent President;
or
(4) other entities within the Executive
Office of the President that solely advise
and assist the incumbent President is exempted from the provisions of paragraph (a), above. However, the Archivist
shall have the authority to review, downgrade, and declassify information of
former Presidents under the control of
the Archivist pursuant to sections 2107,
2111, 2111 note, or 2203 of title 44,
United States Code. Review procedures
developed by the Archivist shall provide
for consultation with agencies having
primary subject matter interest and shall
be consistent with the provisions of applicable laws or lawful agreements that
pertain to the respective Presidential papers or records. Agencies with primary
subject matter interest shall be notified
promptly of the Archivist’s decision. Any
final decision by the Archivist may be
appealed by the requester or an agency
to the Interagency Security Classification Appeals Panel. The information
shall remain classified pending a prompt
decision on the appeal.
(c) Agencies conducting a mandatory review for declassification shall declassify information that no longer meets the standards
for classification under this order. They shall
release this information unless withholding
is otherwise authorized and warranted under
applicable law.
(d) In accordance with directives issued
pursuant to this order, agency heads shall develop procedures to process requests for the
mandatory review of classified information.
These procedures shall apply to information
classified under this or predecessor orders.
They also shall provide a means for administratively appealing a denial of a mandatory
review request, and for notifying the requester of the right to appeal a final agency

644

Apr. 17 / Administration of William J. Clinton, 1995

decision to the Interagency Security Classification Appeals Panel.
(e) After consultation with affected agencies, the Secretary of Defense shall develop
special procedures for the review of
cryptologic information, the Director of
Central Intelligence shall develop special
procedures for the review of information pertaining to intelligence activities (including
special activities), or intelligence sources or
methods, and the Archivist shall develop special procedures for the review of information
accessioned into the National Archives.
Sec. 3.7. Processing Requests and Reviews. In response to a request for information under the Freedom of Information Act,
the Privacy Act of 1974, or the mandatory
review provisions of this order, or pursuant
to the automatic declassification or systematic review provisions of this order:
(a) An agency may refuse to confirm or
deny the existence or nonexistence of requested information whenever the fact of its
existence or nonexistence is itself classified
under this order.
(b) When an agency receives any request
for documents in its custody that contain information that was originally classified by another agency, or comes across such documents in the process of the automatic declassification or systematic review provisions of
this order, it shall refer copies of any request
and the pertinent documents to the originating agency for processing, and may, after
consultation with the originating agency, inform any requester of the referral unless such
association is itself classified under this order.
In cases in which the originating agency determines in writing that a response under
paragraph (a), above, is required, the referring agency shall respond to the requester
in accordance with that paragraph.
Sec. 3.8. Declassification Database. (a)
The Archivist in conjunction with the Director of the Information Security Oversight Office and those agencies that originate classified information, shall establish a Governmentwide database of information that has
been declassified. The Archivist shall also explore other possible uses of technology to facilitate the declassification process.
(b) Agency heads shall fully cooperate with
the Archivist in these efforts.

(c) Except as otherwise authorized and
warranted by law, all declassified information
contained within the database established
under paragraph (a), above, shall be available
to the public.
Part 4 Safeguarding
Sec. 4.1. Definitions. For purposes of this
order: (a) ‘‘Safeguarding’’ means measures
and controls that are prescribed to protect
classified information.
(b) ‘‘Access’’ means the ability or opportunity to gain knowledge of classified information.
(c) ‘‘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.
(d) ‘‘Automated information system’’
means an assembly of computer hardware,
software, or firmware configured to collect,
create, communicate, compute, disseminate,
process, store, or control data or information.
(e) ‘‘Integrity’’ means the state that exists
when information is unchanged from its
source and has not been accidentally or intentionally modified, altered, or destroyed.
(f) ‘‘Network’’ means a system of two or
more computers that can exchange data or
information.
(g) ‘‘Telecommunications’’ means the
preparation, transmission, or communication
of information by electronic means.
(h) ‘‘Special access program’’ means a program established for a specific class of classified information that imposes safeguarding
and access requirements that exceed those
normally required for information at the
same classification level.
Sec. 4.2. General Restrictions on Access.
(a) A person may have access to classified
information provided that:
(1) a favorable determination of eligibility for access has been made by an
agency head or the agency head’s designee;
(2) the person has signed an approved
nondisclosure agreement; and
(3) the person has a need-to-know the
information.

Administration of William J. Clinton, 1995 / Apr. 17
(b) Classified information shall remain
under the control of the originating agency
or its successor in function. An agency shall
not disclose information originally classified
by another agency without its authorization.
An official or employee leaving agency service may not remove classified information
from the agency’s control.
(c) Classified information may not be removed from official premises without proper
authorization.
(d) Persons authorized to disseminate classified information outside the executive
branch shall assure the protection of the information in a manner equivalent to that provided within the executive branch.
(e) Consistent with law, directives, and
regulation, an agency head or senior agency
official shall establish uniform procedures to
ensure that automated information systems,
including networks and telecommunications
systems, that collect, create, communicate,
compute, disseminate, process, or store classified information have controls that:
(1) prevent access by unauthorized persons; and
(2) ensure the integrity of the information.
(f) Consistent with law, directives, and regulation, each agency head or senior agency
official shall establish controls to ensure that
classified information is used, processed,
stored, reproduced, transmitted, and destroyed under conditions that provide adequate protection and prevent access by unauthorized persons.
(g) Consistent with directives issued pursuant to this order, an agency shall safeguard
foreign government information under
standards that provide a degree of protection
at least equivalent to that required by the
government or international organization of
governments that furnished the information.
When adequate to achieve equivalency, these
standards may be less restrictive than the
safeguarding standards that ordinarily apply
to United States ‘‘Confidential’’ information,
including allowing access to individuals with
a need-to-know who have not otherwise been
cleared for access to classified information
or executed an approved nondisclosure
agreement.

645

(h) Except as provided by statute or directives issued pursuant to this order, classified
information originating in one agency may
not be disseminated outside any other agency
to which it has been made available without
the consent of the originating agency. An
agency head or senior agency official may
waive this requirement for specific information originated within that agency. For purposes of this section, the Department of Defense shall be considered one agency.
Sec. 4.3. Distribution Controls. (a) Each
agency shall establish controls over the distribution of classified information to assure
that it is distributed only to organizations or
individuals eligible for access who also have
a need-to-know the information.
(b) Each agency shall update, at least annually, the automatic, routine, or recurring
distribution of classified information that
they distribute. Recipients shall cooperate
fully with distributors who are updating distribution lists and shall notify distributors
whenever a relevant change in status occurs.
Sec. 4.4. Special Access Programs. (a) Establishment of special access programs. Unless otherwise authorized by the President,
only the Secretaries of State, Defense and
Energy, and the Director of Central Intelligence, or the principal deputy of each, may
create a special access program. For special
access programs pertaining to intelligence activities (including special activities, but not
including military operational, strategic and
tactical programs), or intelligence sources or
methods, this function will be exercised by
the Director of Central Intelligence. These
officials shall keep the number of these programs at an absolute minimum, and shall establish them only upon a specific finding that:
(1) the vulnerability of, or threat to, specific information is exceptional; and
(2) the normal criteria for determining
eligibility for access applicable to information classified at the same level are
not deemed sufficient to protect the information from unauthorized disclosure;
or
(3) the program is required by statute.
(b) Requirements and Limitations. (1) Special access programs shall be limited to programs in which the number of persons who
will have access ordinarily will be reasonably

646

Apr. 17 / Administration of William J. Clinton, 1995

small and commensurate with the objective
of providing enhanced protection for the information involved.
(2) Each agency head shall establish and
maintain a system of accounting for special access programs consistent with directives issued pursuant to this order.
(3) Special access programs shall be subject to the oversight program established under section 5.6(c) of this order.
In addition, the Director of the Information Security Oversight Office shall
be afforded access to these programs,
in accordance with the security requirements of each program, in order to perform the functions assigned to the Information Security Oversight Office under
this order. An agency head may limit access to a special access program to the
Director and no more than one other
employee of the Information Security
Oversight Office; or, for special access
programs that are extraordinarily sensitive and vulnerable, to the Director
only.
(4) The agency head or principal deputy
shall review annually each special access
program to determine whether it continues to meet the requirements of this
order.
(5) Upon request, an agency shall brief
the Assistant to the President for National Security Affairs, or his or her designee, on any or all of the agency’s special access programs.
(c) Within 180 days after the effective date
of this order, each agency head or principal
deputy shall review all existing special access
programs under the agency’s jurisdiction.
These officials shall terminate any special access programs that do not clearly meet the
provisions of this order. Each existing special
access program that an agency head or principal deputy validates shall be treated as if
it were established on the effective date of
this order.
(d) Nothing in this order shall supersede
any requirement made by or under 10 U.S.C.
119.
Sec. 4.5. Access by Historical Researchers
and Former Presidential Appointees. (a) The
requirement in section 4.2(a)(3) of this order
that access to classified information may be

granted only to individuals who have a needto-know the information may be waived for
persons who:
(1) are engaged in historical research
projects; or
(2) previously have occupied policymaking positions to which they were appointed by the President.
(b) Waivers under this section may be
granted only if the agency head or senior
agency official of the originating agency:
(1) determines in writing that access is
consistent with the interest of national
security;
(2) takes appropriate steps to protect
classified information from unauthorized disclosure or compromise, and ensures that the information is safeguarded in a manner consistent with this
order; and
(3) limits the access granted to former
Presidential appointees to items that the
person originated, reviewed, signed, or
received while serving as a Presidential
appointee.
Part 5 Implementation and Review
Sec. 5.1. Definitions. For purposes of this
order: (a) ‘‘Self-inspection’’ means the internal review and evaluation of individual agency activities and the agency as a whole with
respect to the implementation of the program established under this order and its implementing directives.
(b) ‘‘Violation’’ means:
(1) any knowing, willful, or negligent action that could reasonably be expected
to result in an unauthorized disclosure
of classified information;
(2) any knowing, willful, or negligent action to classify or continue the classification of information contrary to the requirements of this order or its implementing directives; or
(3) any knowing, willful, or negligent action to create or continue a special access program contrary to the requirements of this order.
(c) ‘‘Infraction’’ means any knowing, willful, or negligent action contrary to the requirements of this order or its implementing
directives that does not comprise a ‘‘violation,’’ as defined above.

Administration of William J. Clinton, 1995 / Apr. 17
Sec. 5.2. Program Direction. (a) The Director of the Office of Management and
Budget, in consultation with the Assistant to
the President for National Security Affairs
and the co-chairs of the Security Policy
Board, shall issue such directives as are necessary to implement this order. These directives shall be binding upon the agencies. Directives issued by the Director of the Office
of Management and Budget shall establish
standards for:
(1) classification and marking principles;
(2) agency security education and training programs;
(3) agency self-inspection programs; and
(4) classification and declassification
guides.
(b) The Director of the Office of Management and Budget shall delegate the implementation and monitorship functions of this
program to the Director of the Information
Security Oversight Office.
(c) The Security Policy Board, established
by a Presidential Decision Directive, shall
make a recommendation to the President
through the Assistant to the President for
National Security Affairs with respect to the
issuance of a Presidential directive on safeguarding classified information. The Presidential directive shall pertain to the handling,
storage, distribution, transmittal, and destruction of and accounting for classified information.
Sec. 5.3. Information Security Oversight
Office. (a) There is established within the Office of Management and Budget an Information Security Oversight Office. The Director
of the Office of Management and Budget
shall appoint the Director of the Information
Security Oversight Office, subject to the approval of the President.
(b) Under the direction of the Director of
the Office of Management and Budget acting
in consultation with the Assistant to the
President for National Security Affairs, the
Director of the Information Security Oversight Office shall:
(1) develop directives for the implementation of this order;
(2) oversee agency actions to ensure
compliance with this order and its implementing directives;

647

(3) review and approve agency implementing regulations and agency guides
for systematic declassification review
prior to their issuance by the agency;
(4) have the authority to conduct on-site
reviews of each agency’s program established under this order, and to require
of each agency those reports, information, and other cooperation that may be
necessary to fulfill its responsibilities. If
granting access to specific categories of
classified information would pose an exceptional national security risk, the affected agency head or the senior agency
official shall submit a written justification recommending the denial of access
to the Director of the Office of Management and Budget within 60 days of the
request for access. Access shall be denied pending a prompt decision by the
Director of the Office of Management
and Budget, who shall consult on this
decision with the Assistant to the President for National Security Affairs;
(5) review requests for original classification authority from agencies or officials not granted original classification
authority and, if deemed appropriate,
recommend
Presidential
approval
through the Director of the Office of
Management and Budget;
(6) consider and take action on complaints and suggestions from persons
within or outside the Government with
respect to the administration of the program established under this order;
(7) have the authority to prescribe, after
consultation with affected agencies,
standardization of forms or procedures
that will promote the implementation of
the program established under this
order;
(8) report at least annually to the President on the implementation of this
order; and
(9) convene and chair interagency meetings to discuss matters pertaining to the
program established by this order.
Sec. 5.4. Interagency Security Classification Appeals Panel. (a) Establishment and
Administration.
(1) There is established an Interagency
Security Classification Appeals Panel

648

Apr. 17 / Administration of William J. Clinton, 1995

(‘‘Panel’’). The Secretaries of State and
Defense, the Attorney General, the Director of Central Intelligence, the Archivist of the United States, and the Assistant to the President for National Security Affairs shall each appoint a senior
level representative to serve as a member of the Panel. The President shall select the Chair of the Panel from among
the Panel members.
(2) A vacancy on the Panel shall be filled
as quickly as possible as provided in
paragraph (1), above.
(3) The Director of the Information Security Oversight Office shall serve as the
Executive Secretary. The staff of the Information Security Oversight Office
shall provide program and administrative support for the Panel.
(4) The members and staff of the Panel
shall be required to meet eligibility for
access standards in order to fulfill the
Panel’s functions.
(5) The Panel shall meet at the call of
the Chair. The Chair shall schedule
meetings as may be necessary for the
Panel to fulfill its functions in a timely
manner.
(6) The Information Security Oversight
Office shall include in its reports to the
President a summary of the Panel’s activities.
(b) Functions. The Panel shall:
(1) decide on appeals by persons who
have filed classification challenges
under section 1.9 of this order;
(2) approve, deny, or amend agency exemptions from automatic declassification as provided in section 3.4 of this
order; and
(3) decide on appeals by persons or entities who have filed requests for mandatory declassification review under section 3.6 of this order.
(c) Rules and Procedures. The Panel shall
issue bylaws, which shall be published in the
Federal Register no later than 120 days from
the effective date of this order. The bylaws
shall establish the rules and procedures that
the Panel will follow in accepting, considering, and issuing decisions on appeals. The
rules and procedures of the Panel shall provide that the Panel will consider appeals only

on actions in which: (1) the appellant has exhausted his or her administrative remedies
within the responsible agency; (2) there is
no current action pending on the issue within
the federal courts; and (3) the information
has not been the subject of review by the
federal courts or the Panel within the past
2 years.
(d) Agency heads will cooperate fully with
the Panel so that it can fulfill its functions
in a timely and fully informed manner. An
agency head may appeal a decision of the
Panel to the President through the Assistant
to the President for National Security Affairs.
The Panel will report to the President
through the Assistant to the President for
National Security Affairs any instance in
which it believes that an agency head is not
cooperating fully with the Panel.
(e) The Appeals Panel is established for
the sole purpose of advising and assisting the
President in the discharge of his constitutional and discretionary authority to protect
the national security of the United States.
Panel decisions are committed to the discretion of the Panel, unless reversed by the
President.
Sec. 5.5. Information Security Policy Advisory Council. (a) Establishment. There is
established an Information Security Policy
Advisory Council (‘‘Council’’). The Council
shall be composed of seven members appointed by the President for staggered terms
not to exceed 4 years, from among persons
who have demonstrated interest and expertise in an area related to the subject matter
of this order and are not otherwise employees of the Federal Government. The President shall appoint the Council Chair from
among the members. The Council shall comply with the Federal Advisory Committee
Act, as amended, 5 U.S.C. App. 2.
(b) Functions. The Council shall:
(1) advise the President, the Assistant
to the President for National Security
Affairs, the Director of the Office of
Management and Budget, or such other
executive branch officials as it deems appropriate, on policies established under
this order or its implementing directives, including recommended changes
to those policies;

Administration of William J. Clinton, 1995 / Apr. 17
(2) provide recommendations to agency
heads for specific subject areas for systematic declassification review; and
(3) serve as a forum to discuss policy
issues in dispute.
(c) Meetings. The Council shall meet at
least twice each calendar year, and as determined by the Assistant to the President for
National Security Affairs or the Director of
the Office of Management and Budget.
(d) Administration.
(1) Each Council member may be compensated at a rate of pay not to exceed
the daily equivalent of the annual rate
of basic pay in effect for grade GS–18
of the general schedule under section
5376 of title 5, United States Code, for
each day during which that member is
engaged in the actual performance of
the duties of the Council.
(2) While away from their homes or regular place of business in the actual performance of the duties of the Council,
members may be allowed travel expenses, including per diem in lieu of
subsistence, as authorized by law for
persons serving intermittently in the
Government service (5 U.S.C. 5703(b)).
(3) To the extent permitted by law and
subject to the availability of funds, the
Information Security Oversight Office
shall provide the Council with administrative services, facilities, staff, and other
support services necessary for the performance of its functions.
(4) Notwithstanding any other Executive order, the functions of the President
under the Federal Advisory Committee
Act, as amended, that are applicable to
the Council, except that of reporting to
the Congress, shall be performed by the
Director of the Information Security
Oversight Office in accordance with the
guidelines and procedures established
by the General Services Administration.
Sec. 5.6. General Responsibilities. Heads
of agencies that originate or handle classified
information shall: (a) demonstrate personal
commitment and commit senior management to the successful implementation of the
program established under this order;

649

(b) commit necessary resources to the effective implementation of the program established under this order; and
(c) designate a senior agency official to direct and administer the program, whose responsibilities shall include:
(1) overseeing the agency’s program established under this order, provided, an
agency head may designate a separate
official to oversee special access programs authorized under this order. This
official shall provide a full accounting of
the agency’s special access programs at
least annually;
(2) promulgating implementing regulations, which shall be published in the
Federal Register to the extent that they
affect members of the public;
(3) establishing and maintaining security
education and training programs;
(4) establishing and maintaining an ongoing self-inspection program, which
shall include the periodic review and assessment of the agency’s classified product;
(5) establishing procedures to prevent
unnecessary access to classified information, including procedures that: (i) require that a need for access to classified
information is established before initiating administrative clearance procedures;
and (ii) ensure that the number of persons granted access to classified information is limited to the minimum consistent with operational and security requirements and needs;
(6) developing special contingency plans
for the safeguarding of classified information used in or near hostile or potentially hostile areas;
(7) assuring that the performance contract or other system used to rate civilian
or military personnel performance includes the management of classified information as a critical element or item
to be evaluated in the rating of: (i) original classification authorities; (ii) security
managers or security specialists; and (iii)
all other personnel whose duties significantly involve the creation or handling
of classified information;
(8) accounting for the costs associated
with the implementation of this order,

650

Apr. 17 / Administration of William J. Clinton, 1995

which shall be reported to the Director
of the Information Security Oversight
Office for publication; and
(9) assigning in a prompt manner agency
personnel to respond to any request, appeal, challenge, complaint, or suggestion
arising out of this order that pertains to
classified information that originated in
a component of the agency that no
longer exists and for which there is no
clear successor in function.
Sec. 5.7. Sanctions. (a) If the Director of
the Information Security Oversight Office
finds that a violation of this order or its implementing directives may have occurred,
the Director shall make a report to the head
of the agency or to the senior agency official
so that corrective steps, if appropriate, may
be taken.
(b) Officers and employees of the United
States Government, and its contractors, licensees, certificate holders, and grantees
shall be subject to appropriate sanctions if
they knowingly, willfully, or negligently:
(1) disclose to unauthorized persons information properly classified under this
order or predecessor orders;
(2) classify or continue the classification
of information in violation of this order
or any implementing directive;
(3) create or continue a special access
program contrary to the requirements
of this order; or
(4) contravene any other provision of
this order or its implementing directives.
(c) Sanctions may include reprimand, suspension without pay, removal, termination of
classification authority, loss or denial of access to classified information, or other sanctions in accordance with applicable law and
agency regulation.
(d) The agency head, senior agency official, or other supervisory official shall, at a
minimum, promptly remove the classification
authority of any individual who demonstrates
reckless disregard or a pattern of error in applying the classification standards of this
order.
(e) The agency head or senior agency official shall:

(1) take appropriate and prompt corrective action when a violation or infraction
under paragraph (b), above, occurs; and
(2) notify the Director of the Information
Security Oversight Office when a violation under paragraph (b)(1), (2) or (3),
above, occurs.
Part 6 General Provisions
Sec. 6.1. General Provisions. (a) Nothing
in this order shall supersede any requirement
made by or under the Atomic Energy Act
of 1954, as amended, or the National Security Act of 1947, as amended. ‘‘Restricted
Data’’ and ‘‘Formerly Restricted Data’’ shall
be handled, protected, classified, downgraded, and declassified in conformity with
the provisions of the Atomic Energy Act of
1954, as amended, and regulations issued
under that Act.
(b) The Attorney General, upon request
by the head of an agency or the Director
of the Information Security Oversight Office,
shall render an interpretation of this order
with respect to any question arising in the
course of its administration.
(c) Nothing in this order limits the protection afforded any information by other provisions of law, including the exemptions to the
Freedom of Information Act, the Privacy Act,
and the National Security Act of 1947, as
amended. This order is not intended, and
should not be construed, to create any right
or benefit, substantive or procedural, enforceable at law by a party against the United
States, its agencies, its officers, or its employees. The foregoing is in addition to the specific provisos set forth in sections 1.2(b),
3.2(b) and 5.4(e) of this order.
(d) Executive Order No. 12356 of April
6, 1982, is revoked as of the effective date
of this order.
Sec. 6.2. Effective Date. This order shall
become effective 180 days from the date of
this order.
William J. Clinton
The White House,
April 17, 1995.
[Filed with the Office of the Federal Register,
2:04 p.m., April 18, 1995]
NOTE: This Executive order was published in the
Federal Register on April 20.

Administration of William J. Clinton, 1995 / Apr. 18

Statement on the Crash of an Air
Force C–21 in Alabama
April 18, 1995
Hillary and I were very saddened to learn
of the crash of an Air Force C–21 aircraft
near Alexander City, Alabama, last night,
with the loss of eight lives. The death of these
individuals is a tragic loss for the U.S. Air
Force and the Nation. Their death reminds
us all how much we are indebted to those
military and civilian personnel who serve in
the defense of our Nation. Our hearts and
our prayers go out to the families and friends
of those who were killed.

The President’s News Conference
April 18, 1995
The President. Good evening. Ladies and
gentlemen, before we begin the press conference, I want to express on behalf of Hillary
and myself our profoundest condolences to
the families and to the loved ones of the eight
Americans who were killed in the crash of
the Air Force plane in Alabama last night.
Tonight I want to talk about welfare reform. But before I do, I’d like to take just
a minute to put welfare reform into the context of what is going on now in the United
States Congress. Before the Easter break, the
House of Representatives produced a flurry
of ideas and proposals. Some of them were
good. Some need work. Some should be rejected. My job is to work with people of good
faith in both parties, in both Houses, to do
what is best for America.
I was not elected to produce a pile of vetoes. And the Congress was not elected to
produce a pile of political issues for the next
election. My philosophy is that we have to
go beyond this kind of politics-as-usual, the
old debate about whether there should be
more Government or less Government. I
think we need a better and different Government that helps people who are helping
themselves, one that offers opportunity but
demands responsibility.
I have some common goals with the new
Republican majority in the Congress. They
say they want to reduce the deficit and the
size of Government. I support that. My ad-

651

ministration has reduced the deficit by $600
billion and is reducing the size of Government by over 250,000 people. In fact, if it
were not for the interest we have to pay on
the debt run up between 1981 and 1992, our
Government’s budget would be in balance
today. Let me say that again, because I don’t
think the American people know that. If it
were not for the interest we have to pay this
year on the debt run up between 1981 and
1992, our Government’s budget would be in
balance today.
The Republicans say that they want to be
tough on crime. Our crime bill is tough on
crime, and I want to work with them to build
on that. The Republicans are supporting the
line-item veto, and so am I. I worked hard
to get a version of the line-item veto passed
through the Senate, and I look forward to
working with them, actually getting agreement in both Houses and having a line-item
veto come into law.
As we look ahead, the issue is, what are
we going to do on the outstanding matters?
I have commented at length on them before
the newspaper editors, but let me say again,
I want us to show responsibility and common
sense and decency. Do we need to cut regulation, as they say? Of course, we do. But
we don’t need to undermine our commitment to the safety of our skies or the purity
of our water and air or the sanctity of our
long-term commitment to the environment.
Do we need to be tough on crime? Of course,
we do, but we don’t need to repeal the commitment to 100,000 police officers or the assault weapons ban. Do we need to cut taxes?
I believe we do, but not as much as the
House bill provides. I think the tax cuts
should be targeted to the middle class and
to education so we raise incomes and growth
for America over the long run.
Now let’s talk a little about welfare. That’s
an issue that the Republicans and I, and the
congressional Democrats should be able to
agree on. They say we should end welfare
as we know it. That’s a commitment I made
in 1992 and again in 1993 and 1994. Welfare
reform is surely an example where all the
people ought to be able to get together in
the Congress to have reform.
We all know what we need. We need time
limits for welfare recipients. We need strict