Eo 12968

White House Press Release

Access To Classified Information

The White House

Office of the Press Secretary

_______________________________________________________________

For Immediate Release August 4, 1995

Executive Order

#12968

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Access To Classified Information

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.

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(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.

(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.

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(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

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);

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(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

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(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.

(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

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(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

investi-gations 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 procedures 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.

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(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

Govern-ment 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.

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(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, 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.

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(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

information 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.

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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 this section based upon recommendations

from an appeals panel. In such case, the decision of the agency

head shall be final.

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(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.

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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 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;

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(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.

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