Identification, collection, and review for declassification of information of archival value or extraordinary public interest

Source Credit

(a) Briefings on agency declassification programs
(1) As requested by the Board, or by the Select Committee on Intelligence of the Senate or the Permanent Select Committee on Intelligence of the House of Representatives, the head of any agency with the authority under an Executive order to classify information shall provide to the Board, the Select Committee on Intelligence of the Senate, or the Permanent Select Committee on Intelligence of the House of Representatives, on an annual basis, a summary briefing and report on such agency's progress and plans in the declassification of national security information. Such briefing shall cover the declassification goals set by statute, regulation, or policy, the agency's progress with respect to such goals, and the agency's planned goals and priorities for its declassification activities over the next 2 fiscal years. Agency briefings and reports shall give particular attention to progress on the declassification of records and materials that are of archival value or extraordinary public interest to the people of the United States.
(2)(A) The annual briefing and report under paragraph (1) for agencies within the Department of Defense, including the military departments and the elements of the intelligence community, shall be provided on a consolidated basis.
(B) In this paragraph, the term "elements of the intelligence community" means the elements of the intelligence community specified or designated under section 3003(4) of this title.
(b) Recommendations on agency declassification programs
(1) Upon reviewing and discussing declassification plans and progress with an agency, the Board shall provide to the head of the agency the written recommendations of the Board as to how the agency's declassification program could be improved. A copy of each recommendation shall also be submitted to the Assistant to the President for National Security Affairs and the Director of the Office of Management and Budget.
(2) Consistent with the provisions of section 3355a(k) of this title, the Board's recommendations to the head of an agency under paragraph (1) shall become public 60 days after such recommendations are sent to the head of the agency under that paragraph.
(c) Recommendations on special searches for records of extraordinary public interest
(1) The Board shall also make recommendations to the President regarding proposed initiatives to identify, collect, and review for declassification classified records and materials of extraordinary public interest.
(2) In making recommendations under paragraph (1), the Board shall consider the following:
(A) The opinions and requests of Members of Congress, including opinions and requests expressed or embodied in letters or legislative proposals, and also including specific requests for the declassification of certain records or for the reconsideration of declinations to declassify specific records.
(B) The opinions and requests of the National Security Council, the Director of National Intelligence, and the heads of other agencies.
(C) The opinions of United States citizens.
(D) The opinions of members of the Board.
(E) The impact of special searches on systematic and all other on-going declassification programs.
(F) The costs (including budgetary costs) and the impact that complying with the recommendations would have on agency budgets, programs, and operations.
(G) The benefits of the recommendations.
(H) The impact of compliance with the recommendations on the national security of the United States.
(d) President's declassification priorities
(1) Concurrent with the submission to Congress of the budget of the President each fiscal year under section 1105 of title 31, the Director of the Office of Management and Budget shall publish a description of the President's declassification program and priorities, together with a listing of the funds requested to implement that program.
(2) Nothing in this subchapter shall be construed to substitute or supersede, or establish a funding process for, any declassification program that has been established or may be established by the President by Executive order.
(e) Declassification reviews
(1) In general
If requested by the President, the Board shall review in a timely manner certain records or declinations to declassify specific records, the declassification of which has been the subject of specific congressional request described in section 3355a(b)(5) of this title.
(2) Authority of board
Upon receiving a congressional request described in section 3355a(b)(5) of this title, the Board may conduct the review and make the recommendations described in that section, regardless of whether such a review is requested by the President.
(3) Reporting
Any recommendations submitted to the President by the Board under section 3355a(b)(5) of this title shall be submitted to the chairman and ranking minority member of the committee of Congress that made the request relating to such recommendations.

History

(Pub. L. 106–567, title VII, §704, Dec. 27, 2000, 114 Stat. 2859; Pub. L. 108–458, title I, §1102(c), (d), Dec. 17, 2004, 118 Stat. 3699; Pub. L. 110–53, title VI, §602(1), (2), Aug. 3, 2007, 121 Stat. 335; Pub. L. 117–263, div. F, title LXVIII, §6824(d)(2), Dec. 23, 2022, 136 Stat. 3615.)

Editorial Notes

Editorial Notes

Codification
Section was formerly set out in a note under section 3161 of this title.

Amendments
2022—Subsec. (e)(3). Pub. L. 117–263 struck out comma before "shall".
2007—Subsec. (c)(2)(B). Pub. L. 110–53, §602(1), substituted "Director of National Intelligence" for "Director of Central Intelligence".
Subsec. (e). Pub. L. 110–53, §602(2), designated existing provisions as par. (1), inserted par. (1) heading, and added pars. (2) and (3).
2004—Subsec. (c)(2)(A). Pub. L. 108–458, §1102(c), inserted before period at end ", and also including specific requests for the declassification of certain records or for the reconsideration of declinations to declassify specific records".
Subsec. (e). Pub. L. 108–458, §1102(d), added subsec. (e).