Documents / Official release
This Clinton Presidential Library file holds National Security Council records from January 1996. They concern a report to Congress under the Resource Conservation and Recovery Act about Presidential Determination 95-45 of September 29, 1995. That determination exempted the Air Force operating location near Groom Lake, Nevada, from waste disposal laws that could require disclosure of classified information. The file includes the determination, memos from the NSC and the Deputy Secretary of Defense, and letters to Speaker Gingrich and Vice President Gore, and it cites the Kasza v. Browner litigation.
« on from a decision in pending litigation, Kasza v. Browner (D. Nev. CV-S-94-795- PMP). The Honorable Newt Gingrich Speaker of the House U. S. House of Representatives Washington, D. C. 20515 Determination also was not intended to limit the applicability or enforcement of any requirement of law applicable to the Air Force’s operating location near Groom Lake except those provisions, if any, that would require the disclosure of classified information. Honorable Albert Gore, Jr. President U. S. Senate Washington, D. C. 20515 Presidential Determination No 95-45 exempted the United States Air Force’s operating location near Groom Lake, Nevada, from any Federal, State, interstate, or local hazardous or solid waste laws that might require the disclosure of classified information concerning that operating location to unauthorized persons. Information concerning activities at the operating location near Groom Lake has been properly determined to be classified, and its disclosure would be harmful to national security. Continued protection of this information is therefore in the paramount interest of the United States. The Determination was not intended to imply that in the absence of a Presidential exemption RCRA or any other provision of law permits or requires the disclosure of classified information to unauthorized persons, but rather to eliminate any potential uncertainty arising Dear Mr. Speaker and Mr. President: Consistent with section 6001(a) of the Resource Conservation and Recovery Act (RCRA) (the “Act”), as amended, 42 U.S.C. § 6961(a), which requires that I “report each January to the Congress all exemptions from the requirements of this section granted during the preceding calendar year, together with [my] reason for granting each such exemption,” I notify you that September 29, 1995,1 issued Presidential Determination 95-45 (copy attached) and thereby exercised the authority to grant certain exemptions under section 6001(a) of the Act.
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Official release, from the nara collection. The PDF is mirrored here; the original link is above. 15 pages are in the text index: search them above, or from the library's search.