Documents / Official release

9507055: 7585721-20060527F-001-007-2023

· 34 pages · text from the file's own layer

This 1995 Clinton Presidential Library file contains Presidential Determination No. 95-45, signed by President Clinton on September 29, 1995, and its supporting papers. The determination exempts the Air Force's operating location near Groom Lake, Nevada, from any hazardous waste law requirement to disclose classified information, following the lawsuits Kasza v. Browner and Frost v. Perry. The file also includes Air Force Secretary Sheila Widnall's unclassified declaration invoking the military and state secrets privilege, along with recommendation memos from Widnall, Deputy Secretary of Defense White and Anthony Lake.

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2. Purpose: This Declaration is made for the purpose of advising the court of the national
security interests in and the security classification of information that may be relevant to the above
captioned lawsuits. The statements made herein are based on (a) my personal consideration of the
matter; (b) my personal knowledge; and (c) my evaluation of information made available to me in
my official capacity. I have concluded that release of certain information relevant to these
lawsuits would necessitate disclosure of properly classified information about the Air Force
I, SHEILA E. WIDNALL, HEREBY DECLARE THE FOLLOWING TO BE TRUE AND
CORRECT:
1. Official Duties: I am the Secretary of the United States Air Force and the head of the
Department of the Air Force. In that capacity, I exercise the statutory functions specified in
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section 8013 of Title 10, U.S. Code. I am responsible for the formulation of Air Force policies
and programs that are fully consistent with the national security directives of the President and the
Secretary of Defense, including those that protect national security information relating to the
defense and foreign relations of the United States. As the Secretary of the Air Force, I exercise
authority over the operating location near Groom Lake, Nevada, and the information associated
with that operating location. As the head of an agency with control over the information
associated with the operating location near Groom Lake, I am the proper person to assert the
military and state secrets privilege with regard to that information. Under Executive Order
12356,1 exercise original TOP SECRET classification authority, which permits me to determine
the proper classification of national security information on behalf of the United States. Executive
Order No. 12356, Sec. 1.2, 47 Fed. Reg. 20,105 (1982), reprinted in 50 U.S. Code Section 401
(1991), Presidential Order of May 7, 1982, Officials Designated to Classify National Security
Information, reprinted in 50 U.S. Code Section 401 (1991).

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Official release, from the nara collection. The PDF is mirrored here; the original link is above. 34 pages are in the text index: search them above, or from the library's search.