2016 edition

BASIC

LAWS

and AUTHORITIES of the NATIONAL ARCHIVES

and RECORDS ADMINISTR ATION

Office of General Counsel

National Archives and Records Administration

Additional materials can be found on the web at: www.archives.gov
2016 edition

BASIC

LAWS

and AUTHORITIES of the NATIONAL ARCHIVES

and RECORDS ADMINISTR ATION

Office of General Counsel

National Archives and Records Administration

Additional materials can be found on the web at: www.archives.gov

BASIC LAWS and AUTHORITIES | iii

TABLE OF CONTENTS

ACTS AND RESOLUTIONS; FORMALITIES OF ENACTMENT; REPEALS; SEALING OF INSTRUMENTS 1

§ 106a. Promulgation of laws 1

§ 106b. Amendments to Constitution 1

§ 112. Statutes at Large; contents; admissibility in evidence 1

§ 113. “Little and Brown’s” edition of laws and treaties; slip laws; Treaties and Other International Acts Series; 

admissibility in evidence 1

§ 201. Publication and distribution of Code of Laws of United States and Supplements and 

District of Columbia Code and Supplements 2

PRESIDENTIAL ELECTIONS AND VACANCIES

§ 6. Credentials of electors; transmission to Archivist of the United States and to Congress; public inspection 2

§ 11. Disposition of certificates 2

§ 12. Failure of certificates of electors to reach President of the Senate or Archivist of the United States; 

demand on State for certificate 3

§ 13. Same; demand on district judge for certificate 3

FORMER PRESIDENTS ACT 3

OFFICIAL TERRITORIAL PAPERS 4

§ 141. Collection, preparation and publication 4

§ 142. Appointment of experts 5

§ 143. Employment and utilization of other personnel; cost of copy reading and indexing 5

§ 144. Cooperation of departments and agencies 5

§ 145. Printing and distribution 5

§ 146. Authorization of appropriations 5

INSPECTOR GENERAL ACT OF 1978 6

§ 8G. Requirements for Federal entities and designated Federal entities 6

CONCEALMENT, REMOVAL, OR MUTILATION OF RECORDS 7

DISSEMINATION OF INFORMATION WITHIN THE UNITED STATES 8

FOREIGN RELATIONS OF THE UNITED STATES HISTORICAL SERIES 8

CUSTODY OF RECORDS; OKLAHOMA HISTORICAL SOCIETY 9

INTERNAL REVENUE CODE 9

INDEPENDENT COUNSEL 10

CONGRESSIONAL PRINTING AND BINDING 11

§ 710. Copies of Acts furnished to Public Printer 11

§ 711. Printing Acts, joint resolutions, and treaties 11

§ 729. United States Statutes at Large: references in margins 11
iv | BASIC LAWS and AUTHORITIES 

FEDERAL REGISTER AND THE CODE OF FEDERAL REGULATIONS 11

§ 1501. Definitions 12

§ 1502. Custody and printing of Federal documents; appointment of Director 12

§ 1503. Filing documents with Office; notation of time; public inspection; transmission for printing 12

§ 1504. “Federal Register”; printing; contents; distribution; price 12

§ 1505. Documents to be published in Federal Register 13

§ 1506. Administrative Committee of the Federal Register; establishment and composition; powers and duties 13

§ 1507. Filing document as constructive notice; publication in Federal Register as presumption of validity; 

judicial notice; citation 14

§ 1508. Publication in Federal Register as notice of hearing 14

§ 1509. Costs of publication, etc. 14

§ 1510. Code of Federal Regulations 14

§ 1511. International agreements excluded from provisions of chapter 15

DISTRIBUTION AND SALE OF PUBLIC DOCUMENTS 15

§ 1714. Publications for use of National Archives and Records Administration 15

NATIONAL ARCHIVES AND RECORDS ADMINISTRATION 16

§ 2101. Definitions 16

§ 2102. Establishment 16

§ 2103. Officers 19

§ 2104. Administrative provisions 19

§ 2105. Personnel and services 19

§ 2106. Reports to Congress 20

§ 2107. Acceptance of records for historical preservation 20

§ 2107 Note. President John F. Kennedy Assassination Records Collection Act 21

§ 2108. Responsibility for custody, use, and withdrawal of records 31

§ 2109. Preservation, arrangement, duplication, exhibition of records 33

§ 2110. Servicing records 33

§ 2111. Material accepted for deposit 33

§ 2112. Presidential archival depository 35

§ 2113. Depository for agreements between States 38

§ 2114. Preservation of audio and visual records 38

§ 2115. Reports; correction of violations 38

§ 2116. Legal status of reproductions; official seal; fees for copies and reproductions 39

§ 2117. Limitation on liability 39

§ 2118. Records of Congress 39

§ 2119. Cooperative agreements 39

§ 2120. Online access of Founding Fathers documents 40

PRESIDENTIAL RECORDS 40

§ 2201. Definitions 40

§ 2202. Ownership of Presidential records 41

§ 2203. Management and custody of Presidential records 41

§ 2204. Restrictions on access to Presidential records 42

§ 2205. Exceptions to restricted access 43

§ 2206. Regulations 43

§ 2207. Vice-Presidential records 43
BASIC LAWS and AUTHORITIES | v

§ 2208. Claims of constitutionally based privilege against disclosure 43

§ 2209. Disclosure requirement for official business conducted using non-official electronic messaging accounts 45

NATIONAL ARCHIVES TRUST FUND BOARD 45

§ 2301. Establishment of Board; membership 45

§ 2302. Authority of the Board; seal; services; bylaws; rules; regulations; employees 45

§ 2303. Powers and obligations of the Board; liability of members 46

§ 2304. Compensation of members; availability of trust funds for expenses of the Board 46

§ 2305. Acceptance of gifts 46

§ 2306. Investment of funds 46

§ 2307. Trust fund account; disbursements; sales of publications and releases 46

§ 2308. Tax exemption for gifts 46

NATIONAL HISTORICAL PUBLICATIONS AND RECORDS COMMISSION 47

§ 2501. Creation; composition; appointment and tenure; meetings 47

§ 2502. Vacancies 47

§ 2503. Executive director, staff, transportation expenses 47

§ 2504. Duties; authorization of grants for historical publications and records programs; 

authorization for appropriations 48

§ 2505. Special advisory committees; membership; reimbursement 49

§ 2506. Records to be kept by grantees 49

ADVISORY COMMITTEE ON THE RECORDS OF CONGRESS 49

§ 2701. Advisory Committee on the Records of Congress 50

§ 2702. Membership; chairman; meetings 50

§ 2703. Functions of the Committee 50

§ 2704. Powers of the Committee 50

§ 2705. Compensation and travel expenses 50

§ 2706. Administrative provisions 51

RECORDS MANAGEMENT BY THE ARCHIVIST OF THE UNITED STATES 51

§ 2901. Definitions 51

§ 2902. Objectives of records management 53

§ 2903. Custody and control of property 53

§ 2904. General responsibilities for records management 53

§ 2905. Establishment of standards for selective retention of records; security measures 54

§ 2906. Inspection of agency records 54

§ 2907. Records centers and centralized microfilming services 55

§ 2908. Regulations 55

§ 2909. Retention of records 55

§ 2910. Preservation of Freedmen’s Bureau records 55

§ 2911. Disclosure requirement for official business conducted using non-official electronic messaging accounts 55

RECORDS MANAGEMENT BY FEDERAL AGENCIES 56

§ 3101. Records management by agency heads; general duties 56

§ 3102. Establishment of program of management 56

§ 3103. Transfer of records to records centers 56

§ 3104. Certifications and determinations on transferred records 56

§ 3105. Safeguards 56
vi | BASIC LAWS and AUTHORITIES 

§ 3106. Unlawful removal, destruction of records 56

§ 3107. Authority of Comptroller General 57

DISPOSAL OF RECORDS 57

§ 3301. Definition of records 57

§ 3302. Regulations covering lists of records for disposal, procedure for disposal, and standards for reproduction 58

§ 3303. Lists and schedules of records to be submitted to the Archivist by head of each Government agency 58

§ 3303a. Examination by Archivist of lists and schedules of records lacking preservation value; disposal of records 58

§ 3308. Disposal of similar records where prior disposal was authorized 59

§ 3309. Preservation of claims of Government until settled in Government Accountability Office; disposal authorized 

upon written approval of Comptroller General 59

§ 3310. Disposal of records constituting menace to health, life, or property 59

§ 3311. Destruction of records outside continental United States in time of war or when hostile action seems imminent; 

written report to Archivist 59

§ 3312. Photographs or microphotographs of records considered as originals; certified reproductions admissible in 

evidence 59

§ 3313. Moneys from sale of records payable into the Treasury 60

§ 3314. Procedures for disposal of records exclusive 60

COORDINATION OF FEDERAL INFORMATION POLICY 60

§ 3501 Note. E-Government Act of 2002 60

§ 3504. Authority and functions of Director 63

§ 3511. Establishment and operation of Government Information Locator Service 65

§ 3515. Administrative powers 66

MANAGEMENT AND PROMOTION OF ELECTRONIC GOVERNMENT SERVICES 66

§ 3603. Chief Information Officers Council 66

ATOMIC ENERGY DEFENSE PROVISIONS 67

§ 2672. Protection against inadvertent release of restricted data and formerly restricted data 67

§ 2673. Supplement to plan for declassification of restricted data and formerly restricted data 68

DOCUMENTS RELATING TO JAPANESE INTERNMENT 69

NAZI WAR CRIMES DISCLOSURE ACT 69

DISCLOSURE OF INFORMATION ON JAPANESE IMPERIAL GOVERNMENT 72

PUBLIC INTEREST DECLASSIFICATION ACT OF 2000, AS AMENDED 74

NON-NARA STATUTES 80

Access to Classified Information 80

Administrative Dispute Resolution Act 80

Administrative Procedure Act 80

Americans with Disabilities Act of 1990 80

Anti-Deficiency Act 81

Anti-Nepotism Act 81

Augmentation Prohibition 81

Debt Collection Act of 1982 81

Debt Collection Improvement Act of 1996 81

Depository Library Program 82
BASIC LAWS and AUTHORITIES | vii

Economy in Government Act 82

Electronic Freedom of Information Act Amendments of 1996 82

Emergency Preparedness 82

Equal Access to Justice Act 82

Ethics in Government Act Of 1978 83

Ethics in Government Act Amendments Of 1982 83

Ethics in Government Act Amendments Of 1985 83

Ethics in Government Act Amendments Of 1990 83

Ethics Reform Act Of 1989 83

Executive and Judiciary Printing and Binding 83

Federal Activities Inventory Reform Act 84

Federal Advisory Committee Act 84

Federal Tort Claims Act 84

Government in the Sunshine Act 84

Government Paperwork Elimination Act 85

Government Performance and Results Act 85

Hobby Protection Act 85

Information Technology Management Reform Act 85

Paperwork Reduction Act 86

Pay Rates and Systems 86

Public Printing and Documents 86

Regulatory Negotiation Act 86

Rehabilitation Act 87

Use of Government Vehicles 87

Whistleblower Protection Act of 1989 87

Whistleblower Protection Laws 87

1952 EXCHANGE OF CORRESPONDENCE BETWEEN THE DIRECTOR OF 

THE BUREAU OF CENSUS AND THE ARCHIVIST OF THE UNITED STATES 88

EXECUTIVE ORDERS 90

Executive Order 11440—Providing for the Supplemental Use of Exhibits and Displays Created in Furtherance of 

Authorized Programs of Executive Departments and Agencies 90

Executive Order 12600—Predisclosure Notification Procedures for Confidential Commercial Information 92

Executive Order 12829—National Industrial Security Program 94

Executive Order 12937—Declassification of Selected Records 98

Executive Order 12968—Access to Classified Information Within the National Archives of the United States 99

Executive Order 13467—Reforming Processes Related to Suitability for Government Employment, 

Fitness for Contractor Employees, and Eligibility for Access to Classified National Security Information 108

Executive Order 13489—Presidential Records 113

Executive Order 13526—Classified National Security Information 115

THE FREEDOM OF INFORMATION ACT 137

5 U.S.C. § 552, As Amended

THE PRIVACY ACT OF 1974 147

5 U.S.C. § 552a, As Amended

BASIC LAWS and AUTHORITIES | 1

ACTS and RESOLUTIONS; FORMALITIES of ENACTMENT; 

REPEALS; SEALING of INSTRUMENTS

(1 U.S.C. Chapter 2)

§ 106A. PROMULGATION OF LAWS

Whenever a bill, order, resolution, or vote of the Senate 

and House of Representatives, having been approved by 

the President, or not having been returned by him with 

his objections, becomes a law or takes effect, it shall 

forthwith be received by the Archivist of the United States 

from the President; and whenever a bill, order, resolution, 

or vote is returned by the President with his objections, 

and, on being reconsidered, is agreed to be passed, and is 

approved by two-thirds of both Houses of Congress, and 

thereby becomes a law or takes effect, it shall be received 

by the Archivist of the United States from the President 

of the Senate, or Speaker of the House of Representatives 

in whichsoever House it shall last have been so approved, 

and he shall carefully preserve the originals.

§ 106B. AMENDMENTS TO CONSTITUTION

Whenever official notice is received at the National 

Archives and Records Administration that any 

amendment proposed to the Constitution of the United 

States has been adopted, according to the provisions of 

the Constitution, the Archivist of the United States shall 

forthwith cause the amendment to be published, with his 

certificate, specifying the States by which the same may 

have been adopted, and that the same has become valid, 

to all intents and purposes, as a part of the Constitution 

of the United States.

§ 112. STATUTES AT LARGE; CONTENTS; 

ADMISSIBILITY IN EVIDENCE

The Archivist of the United States shall cause to be 

compiled, edited, indexed, and published, the United 

States Statutes at Large, which shall contain all the laws 

and concurrent resolutions enacted during each regular 

session of Congress; all proclamations by the President 

in the numbered series issued since the date of the 

adjournment of the regular session of Congress next 

preceding; and also any amendments to the Constitution 

of the United States proposed or ratified pursuant 

to article V thereof since that date, together with the 

certificate of the Archivist of the United States issued in 

compliance with the provision contained in section 106b 

of this title. In the event of an extra session of Congress, 

the Archivist of the United States shall cause all the laws 

and concurrent resolutions enacted during said extra 

session to be consolidated with, and published as part of, 

the contents of the volume for the next regular session. 

The United States Statutes at Large shall be legal evidence 

of laws, concurrent resolutions, treaties, international 

agreements other than treaties, proclamations by the 

President, and proposed or ratified amendments to the 

Constitution of the United States therein contained, in all 

the courts of the United States, the several States, and the 

Territories and insular possessions of the United States.

§ 113. “LITTLE AND BROWN’S” EDITION OF 

LAWS AND TREATIES; SLIP LAWS; TREATIES 

AND OTHER INTERNATIONAL ACTS SERIES; 

ADMISSIBILITY IN EVIDENCE

The edition of the laws and treaties of the United States, 

published by Little and Brown, and the publications in 

slip or pamphlet form of the laws of the United States 

issued under the authority of the Archivist of the United 

States, and the Treaties and Other International Acts 

Series issued under the authority of the Secretary of State 

shall be competent evidence of the several public and 

private Acts of Congress, and of the treaties, international 

agreements other than treaties, and proclamations by the 

President of such treaties and international agreements 

other than treaties, as the case may be, therein contained, 

in all the courts of law and equity and of maritime 

jurisdiction, and in all the tribunals and public offices of 

the United States, and of the several States, without any 

further proof or authentication thereof.
2 | BASIC LAWS and AUTHORITIES 

(1 U.S.C. Chapter 3)

§ 201. PUBLICATION AND DISTRIBUTION 

OF CODE OF LAWS OF UNITED STATES AND 

SUPPLEMENTS AND DISTRICT OF COLUMBIA 

CODE AND SUPPLEMENTS

In order to avoid duplication and waste—

(a) Publishing in slip or pamphlet form or in Statutes at 

Large.—Publication in slip or pamphlet form or in the 

Statutes at Large of any of the volumes or publications 

enumerated in sections 202 and 203 of this title, shall, 

in event of enactment, be dispensed with whenever the 

Committee on the Judiciary of the House of Representatives so directs the Archivist of the United States;

(b) Curtailing number of copies published.—Curtailment of the number provided by law to be printed and 

distributed of the volumes or publications enumerated 

in sections 202 and 203 of this title may be directed by 

such committee, except that the Director of the Government Publishing Office shall print such numbers 

as are necessary for depository library distribution and 

for sale; and

(c) Dispensing with publication of more than one Supplement for each Congress.—Such committee may direct 

that the printing and distribution of any supplement to 

the Code of Laws of the United States or to the Code of 

the District of Columbia be dispensed with entirely, except that there shall be printed and distributed for each 

Congress at least one supplement to each such code, 

containing the legislation of such Congress.

PRESIDENTIAL ELECTIONS and VACANCIES

(3 U.S.C. Chapter 1)

§ 6. CREDENTIALS OF ELECTORS; 

TRANSMISSION TO ARCHIVIST OF THE 

UNITED STATES AND TO CONGRESS; PUBLIC 

INSPECTION

It shall be the duty of the executive of each State, as soon 

as practicable after the conclusion of the appointment of 

the electors in such State by the final ascertainment, under 

and in pursuance of the laws of such State providing for 

such ascertainment, to communicate by registered mail 

under the seal of the State to the Archivist of the United 

States a certificate of such ascertainment of the electors 

appointed, setting forth the names of such electors and 

the canvass or other ascertainment under the laws of such 

State of the number of votes given or cast for each person 

for whose appointment any and all votes have been given 

or cast; and it shall also thereupon be the duty of the 

executive of each State to deliver to the electors of such 

State, on or before the day on which they are required by 

section 7 of this title to meet, six duplicate-originals of the 

same certificate under the seal of the State; and if there 

shall have been any final determination in a State in the 

manner provided for by law of a controversy or contest 

concerning the appointment of all or any of the electors 

of such State, it shall be the duty of the executive of such 

State, as soon as practicable after such determination, to 

communicate under the seal of the State to the Archivist 

of the United States a certificate of such determination in 

form and manner as the same shall have been made; and 

the certificate or certificates so received by the Archivist of 

the United States shall be preserved by him for one year 

and shall be a part of the public records of his office and 

shall be open to public inspection; and the Archivist of the 

United States at the first meeting of Congress thereafter 

shall transmit to the two Houses of Congress copies in 

full of each and every such certificate so received at the 

National Archives and Records Administration.

§ 11. DISPOSITION OF CERTIFICATES

The electors shall dispose of the certificates so made by 

them and the lists attached thereto in the following manner:

First. They shall forthwith forward by registered mail 

one of the same to the President of the Senate at the seat 

of government.

Second. Two of the same shall be delivered to the sec-
BASIC LAWS and AUTHORITIES | 3

retary of state of the State, one of which shall be held 

subject to the order of the President of the Senate, the 

other to be preserved by him for one year and shall be a 

part of the public records of his office and shall be open 

to public inspection.

Third. On the day thereafter they shall forward by registered mail two of such certificates and lists to the Archivist of the United States at the seat of government, one of 

which shall be held subject to the order of the President of 

the Senate. The other shall be preserved by the Archivist 

of the United States for one year and shall be a part of the 

public records of his office and shall be open to public 

inspection.

Fourth. They shall forthwith cause the other of the certificates and lists to be delivered to the judge of the district 

in which the electors shall have assembled.

§ 12. FAILURE OF CERTIFICATES OF 

ELECTORS TO REACH PRESIDENT OF 

THE SENATE OR ARCHIVIST OF THE 

UNITED STATES; DEMAND ON STATE FOR 

CERTIFICATE

When no certificate of vote and list mentioned in 

sections 9 and 11 of this title from any State shall have 

been received by the President of the Senate or by the 

Archivist of the United States by the fourth Wednesday 

in December, after the meeting of the electors shall have 

been held, the President of the Senate or, if he be absent 

from the seat of government, the Archivist of the United 

States shall request, by the most expeditious method 

available, the secretary of state of the State to send up the 

certificate and list lodged with him by the electors of such 

State; and it shall be his duty upon receipt of such request 

immediately to transmit same by registered mail to the 

President of the Senate at the seat of government.

§ 13. SAME; DEMAND ON DISTRICT JUDGE 

FOR CERTIFICATE

When no certificates of votes from any State shall have 

been received at the seat of government on the fourth 

Wednesday in December, after the meeting of the electors 

shall have been held, the President of the Senate or, if he 

be absent from the seat of government, the Archivist of 

the United States shall send a special messenger to the 

district judge in whose custody one certificate of votes 

from that State has been lodged, and such judge shall 

forthwith transmit that list by the hand of such messenger 

to the seat of government.

FORMER PRESIDENTS ACT

(3 U.S.C. § 102 note)

(a) Each former President shall be entitled for the remainder 

of his life to receive from the United States a monetary 

allowance at a rate per annum, payable monthly by the 

Secretary of the Treasury, which is equal to the annual rate 

of basic pay, as in effect from time to time, of the head of an 

executive department, as defined in section 101 of title 5, 

United States Code [section 101 of Title 5]. However, such 

allowance shall not be paid for any period during which 

such former President holds an appointive or elective 

office or position in or under the Federal Government or 

the government of the District of Columbia to which is 

attached a rate of pay other than a nominal rate.

(b) The Administrator of General Services shall, 

without regard to the civil-service and classification 

laws, provide for each former President an office staff. 

Persons employed under this subsection shall be selected 

by the former President and shall be responsible only 

to him for the performance of their duties. Each former 

President shall fix basic rates of compensation for 

persons employed for him under this paragraph which 

in the aggregate shall not exceed $96,000 per annum, 

except that for the first 30-month period during 

which a former President is entitled to staff assistance 

under this subsection, such rates of compensation in 

the aggregate shall not exceed $150,000 per annum. 

The annual rate of compensation payable to any such 

person shall not exceed the highest annual rate of basic 

pay now or hereafter provided by law for positions at 

level II of the Executive Schedule under section 5313 
4 | BASIC LAWS and AUTHORITIES 

of title 5. United States Code [section 5313 of Title 5. 

Government Organization and Employees]. Amounts 

provided for ‘Allowances and Office Staff for Former 

Presidents’ may be used to pay fees of an independent 

contractor who is not a member of the staff of the office 

of a former President for the review of Presidential 

records of a former President in connection with 

the transfer of such records to the National Archives 

and Records Administration or a Presidential Library 

without regard to the limitation on staff compensation 

set forth herein.

(c) The Administrator of General Services shall 

furnish for each former President suitable office space 

appropriately furnished and equipped, as determined by 

the Administrator, at such place within the United States 

as the former President shall specify.

(d) [Repealed. Pub.L. 86-682, § 12(c), Sept. 2, 1960, 74 

Stat. 730. See sections 3214 and 3216 of Title 39.]

(e) The widow of each former President shall be entitled 

to receive from the United States a monetary allowance 

at a rate of $20,000 per annum, payable monthly by the 

Secretary of the Treasury, if such widow shall waive the 

right to each other annuity or pension to which she is 

entitled under any other Act of Congress. The monetary 

allowance of such widow—

(1) commences on the day after the former President 

dies;

(2) terminates on the last day of the month before 

such widow

(A) dies; or

(B) remarries before becoming 60 years of age; and

(3) is not payable for any period during which such 

widow holds an appointive or elective office or position in or under the Federal Government or the 

government of the District of Columbia to which 

is attached a rate of pay other than a nominal rate.

(f) As used in this section, the term ‘former President’ 

means a person—

(1) who shall have held the office of President of the 

United States of America;

(2) whose service in such office shall have terminated 

other than by removal pursuant to section 4 of 

article II of the Constitution of the United States 

of America; and

(3) who does not then currently hold such office.

(g) There are authorized to be appropriated to the 

Administrator of General Services up to $1,000,000 for 

each former President and up to $500,000 for the spouse 

of each former President each fiscal year for security and 

travel related expenses: Provided, That under the provisions 

set forth in section 3056, paragraph (a), subparagraph 

(3) of title 18, United States Code [section 3056(a)(3) 

of Title 18, Crimes and Criminal Procedure], the former 

President and/or spouse was not receiving protection for 

a lifetime provided by the United States Secret Service 

under section 3056 paragraph (a) subparagraph (3) of 

title 18, United States Code; the protection provided by 

the United States Secret Service expired at its designated 

time; or the protection provided by the United States 

Secret Service was declined prior to authorized expiration 

in lieu of these funds.

OFFICIAL TERRITORIAL PAPERS

(4 U.S.C. Chapter 5)

Sec.

141. Collection, preparation, and publication.

142. Appointment of experts.

143. Employment and utilization of other personnel; cost 

of copy reading and indexing.

144. Cooperation of departments and agencies.

145. Printing and distribution.

146. Authorization of appropriations.

§ 141. COLLECTION, PREPARATION AND 

PUBLICATION

The Archivist of the United States, hereinafter referred 
BASIC LAWS and AUTHORITIES | 5

to in this chapter as the “Archivist”, shall continue to 

completion the work of collecting, editing, copying, 

and suitably arranging for issuance as a Government 

publication, the official papers relating to the Territories 

from which States of the United States were formed, in the 

national archives, as listed in Parker’s “Calendar of Papers 

in Washington Archives Relating to the Territories of the 

United States (to 1873)”, being publication numbered 

148 of the Carnegie Institution of Washington, together 

with such additional papers of like character which may 

be found.

§ 142. APPOINTMENT OF EXPERTS

For the purpose of carrying on the work prescribed by 

section 141 of this title, the Archivist, without regard to 

the Classification Act of 1949 and the civil service laws 

and regulations thereunder, may engage the services, 

either in or outside of the District of Columbia, of not to 

exceed five historical experts who are especially informed 

on the various phases of the territorial history of the 

United States and are especially qualified for the editorial 

work necessary in arranging such territorial papers for 

publication.

§ 143. EMPLOYMENT AND UTILIZATION 

OF OTHER PERSONNEL; COST OF COPY 

READING AND INDEXING

(a) In carrying out his functions under this chapter, the 

Archivist may employ such clerical assistants as may be 

necessary.

(b) The work of copy reading and index making for the 

publication of the papers described in section 141 of this 

title shall be done by the regular editorial staff of the National Archives and Records Administration, and the cost 

of this particular phase of the work (prorated each month 

according to the number of hours spent and the annual 

salaries of the clerks employed) shall be charged against 

the annual appropriations made under section 146 of this 

title.

§ 144. COOPERATION OF DEPARTMENTS 

AND AGENCIES

The heads of the several executive departments and 

independent agencies and establishments shall cooperate 

with the Archivist in the work prescribed by section 141 

of this title by permitting access to any records deemed 

by him to be necessary to the completion of such work.

§ 145. PRINTING AND DISTRIBUTION

(a) The Director of the Government Publishing Office 

shall print and bind each volume of the official papers 

relating to the Territories of the United States as provided 

for in this chapter, of which—

(1) four hundred and twenty copies shall be delivered to the Superintendent of Documents, Government Printing Office, for distribution, on the 

basis of one copy each, and as directed by the 

Archivist, to those historical associations, commissions, museums, or libraries and other nondepository libraries, not to exceed eight in number 

within each State, Territory, or Possession, which 

have been or may be designated by the Governor 

thereof to receive such copies;

(2) one hundred copies shall be delivered to the National Archives and Records Administration for 

the use of that Administration; and

(3) one hundred copies shall be delivered to the Superintendent of Documents for distribution in 

such manner and number as may be authorized 

and directed by the Joint Committee on Printing.

(b) The historical associations, commissions, museums, or libraries and other nondepository libraries within each State, Territory, or Possession which have been 

or may be designated by the Governor thereof to receive 

the publications referred to in subsection (a) of this section, shall, during their existence, receive the succeeding 

volumes, the distribution of which shall be made by the 

Superintendent of Documents in accordance with lists 

of designations transmitted to him by the Archivist. A 

new designation may be made to the Archivist by the 

Governor only when a designated association, commission, museum, or library shall cease to exist, or when 

authorized by law.

§ 146. AUTHORIZATION OF 

APPROPRIATIONS

For the purposes of this chapter, there are authorized to 

be appropriated, out of any money in the Treasury not 

otherwise appropriated, sums of not more than $50,000 

for any one fiscal year.
6 | BASIC LAWS and AUTHORITIES 

INSPECTOR GENERAL ACT of 1978

(5 U.S.C. App. 3)

§ 8G. REQUIREMENTS FOR FEDERAL 

ENTITIES AND DESIGNATED FEDERAL 

ENTITIES

(a) * * *

(1) the term “Federal entity” means any Government 

corporation (within the meaning of section 103(1) of title 

5, United States Code), any Government controlled corporation (within the meaning of section 103(2) of such 

title), or any other entity in the Executive branch of the 

Government, or any independent regulatory agency, but 

does not include—

(A) an establishment (as defined under section 12(2) 

of this Act) or part of an establishment;

(B) a designated Federal entity (as defined under 

paragraph (2) of this subsection) or part of a designated Federal entity;

(C) the Executive Office of the President;

(D) the Central Intelligence Agency;

(E) the Government Accountability Office; or

(F) any entity in the judicial or legislative branches 

of the Government, including the Administrative 

Office of the United States Courts and the Architect of the Capitol and any activities under the 

direction of the Architect of the Capitol;

(2) the term “designated Federal entity” means. . . the 

National Archives and Records Administration . . . 

* * *

(b) No later than 180 days after the date of the enactment of this section [Oct. 18, 1988], there shall be established and maintained in each designated Federal entity 

an Office of Inspector General. The head of the designated Federal entity shall transfer to such office the offices, 

units, or other components, and the functions, powers, 

or duties thereof, that such head determines are properly 

related to the functions of the Office of Inspector General 

and would, if so transferred, further the purposes of this 

section. There shall not be transferred to such office any 

program operating responsibilities

(c) Except as provided under subsection (f) of this 

section, the Inspector General shall be appointed by 

the head of the designated Federal entity in accordance 

with the applicable laws and regulations governing appointments within the designated Federal entity. Each 

Inspector General shall be appointed without regard to 

political affiliation and solely on the basis of integrity 

and demonstrated ability in accounting, auditing, financial analysis, law, management analysis, public administration, or investigations. For purposes of implementing 

this section, the Chairman of the Board of Governors 

of the Federal Reserve System shall appoint the Inspector General of the Board of Governors of the Federal 

Reserve System and the Bureau of Consumer Financial 

Protection. The Inspector General of the Board of Governors of the Federal Reserve System and the Bureau of 

Consumer Financial Protection shall have all of the authorities and responsibilities provided by this Act with 

respect to the Bureau of Consumer Financial Protection, 

as if the Bureau were part of the Board of Governors of 

the Federal Reserve System.

(d)(1) Each Inspector General shall report to and be 

under the general supervision of the head of the designated Federal entity, but shall not report to, or be subject 

to supervision by, any other officer or employee of such 

designated Federal entity. Except as provided in paragraph 

(2), the head of the designated Federal entity shall not 

prevent or prohibit the Inspector General from initiating, 

carrying out, or completing any audit or investigation, or 

from issuing any subpena during the course of any audit 

or investigation.

(2)(A) The Secretary of Defense, in consultation with 

the Director of National Intelligence, may prohibit the 

inspector general of an element of the intelligence community specified in subparagraph (D) from initiating, 

carrying out, or completing any audit or investigation if 

the Secretary determines that the prohibition is necessary 

to protect vital national security interests of the United 

States.

(B) If the Secretary exercises the authority under 

subparagraph (A), the Secretary shall submit to 
BASIC LAWS and AUTHORITIES | 7

the committees of Congress specified in subparagraph (E) an appropriately classified statement 

of the reasons for the exercise of such authority 

not later than 7 days after the exercise of such 

authority.

(C) At the same time the Secretary submits under 

subparagraph (B) a statement on the exercise of 

the authority in subparagraph (A) to the committees of Congress specified in subparagraph (E), 

the Secretary shall notify the inspector general of 

such element of the submittal of such statement 

and, to the extent consistent with the protection 

of intelligence sources and methods, provide such 

inspector general with a copy of such statement. 

Such inspector general may submit to such committees of Congress any comments on a notice or 

statement received by the inspector general under 

this subparagraph that the inspector general considers appropriate.

(D) The elements of the intelligence community 

specified in this subparagraph are as follows:

(i) The Defense Intelligence Agency.

(ii) The National Geospatial-Intelligence Agency.

(iii) The National Reconnaissance Office.

(iv) The National Security Agency.

(E) The committees of Congress specified in this subparagraph are—

(i) the Committee on Armed Services and the Select 

Committee on Intelligence of the Senate; and

(ii) the Committee on Armed Services and the Permanent Select Committee on Intelligence of the 

House of Representatives.

(e)(1) In the case of a designated Federal entity for 

which a board or commission is the head of the 

designated Federal entity, a removal under this 

subsection may only be made upon the written 

concurrence of a 2⁄3 majority of the board or commission.

(2) If an Inspector General is removed from office or is 

transferred to another position or location within a designated Federal entity, the head of the designated Federal 

entity shall communicate in writing the reasons for any 

such removal or transfer to both Houses of Congress, not 

later than 30 days before the removal or transfer. Nothing 

in this subsection shall prohibit a personnel action otherwise authorized by law, other than transfer or removal.

* * * 

CONCEALMENT, REMOVAL, 

or MUTILATION of RECORDS 

(18 U.S.C. § 2071)

(a) Whoever willfully and unlawfully conceals, removes, 

mutilates, obliterates, or destroys, or attempts to do so, 

or, with intent to do so takes and carries away any record, 

proceeding, map, book, paper, document, or other thing, 

filed or deposited with any clerk or officer of any court of the 

United States, or in any public office, or with any judicial 

or public officer of the United States, shall be fined under 

this title or imprisoned not more than three years, or both.

(b) Whoever, having the custody of any such record, 

proceeding, map, book, document, paper, or other 

thing, willfully and unlawfully conceals, removes, 

mutilates, obliterates, falsifies, or destroys the same, 

shall be fined under this title or imprisoned not more 

than three years, or both; and shall forfeit his office 

and be disqualified from holding any office under the 

United States. As used in this subsection, the term 

“office” does not include the office held by any person 

as a retired officer of the Armed Forces of the United 

States.
8 | BASIC LAWS and AUTHORITIES 

DISSEMINATION of INFORMATION 

WITHIN the UNITED STATES

(22 U.S.C. § 1461-1a)

§ 1461-1A

(a) In general

No funds authorized to be appropriated to the 

Department of State or the Broadcasting Board of 

Governors shall be used to influence public opinion in the 

United States. This section shall apply only to programs 

carried out pursuant to the United States Information 

and Educational Exchange Act of 1948 (22 U.S.C. 1431 

et seq.), the United States International Broadcasting Act 

of 1994 (22 U.S.C. 6201 et seq.), the Radio Broadcasting 

to Cuba Act (22 U.S.C. 1465 et seq.), and the Television 

Broadcasting to Cuba Act (22 U.S.C. 1465aa et seq.). 

This section shall not prohibit or delay the Department 

of State or the Broadcasting Board of Governors from 

providing information about its operations, policies, 

programs, or program material, or making such available, 

to the media, public, or Congress, in accordance with 

other applicable law.

(b) Rule of construction

Nothing in this section shall be construed to prohibit 

the Department of State or the Broadcasting Board of 

Governors from engaging in any medium or form of 

communication, either directly or indirectly, because a 

United States domestic audience is or may be thereby 

exposed to program material, or based on a presumption 

of such exposure. Such material may be made available 

within the United States and disseminated, when 

appropriate, pursuant to sections 1462 and 1437 of this 

title except that nothing in this section may be construed 

to authorize the Department of State or the Broadcasting 

Board of Governors to disseminate within the United 

States any program material prepared for dissemination 

abroad on or before the effective date of section 1078 of 

the National Defense Authorization Act for Fiscal Year 

2013.

(c) Application

The provisions of this section shall apply only to the 

Department of State and the Broadcasting Board of 

Governors and to no other department or agency of the 

Federal Government.

FOREIGN RELATIONS of the

UNITED STATES HISTORICAL SERIES

(22 U.S.C. § 4352)

§ 4352. RESPONSIBILITY FOR PREPARATION 

OF FRUS SERIES

(a) In general

(1)(A) The Historian of the Department of State shall 

be responsible for the preparation of the FRUS series, 

including the selection of records, in accordance with the 

provisions of this chapter.

(B) The Advisory Committee on Historical Diplomatic 

Documentation shall review records, and shall 

advise and make recommendations to the Historian 

concerning all aspects of preparation and publication 

of the FRUS series, including, in accordance with the 

procedures contained in section 4353 of this title, the 

review and selection of records for inclusion in volumes 

of the series.
BASIC LAWS and AUTHORITIES | 9

 (2) Other departments, agencies, and other entities of 

the United States Government shall cooperate with the 

Office of the Historian by providing full and complete 

access to the records pertinent to United States foreign 

policy decisions and actions and by providing copies 

of selected records in accordance with the procedures 

developed under section 4353 of this title, except that 

no access to any record, and no provision of any copy 

of a record, shall be required in the case of any record 

that was prepared less than 26 years before the date of 

a request for such access or copy made by the Office of 

the Historian.

(b) National Archives and Records Administration

Notwithstanding any other provision of this chapter, 

the requirement for the National Archives and Records 

Administration to provide access to, and copies of, 

records to the Department of State for the FRUS series 

shall be governed by chapter 21 of Title 44, by any 

agreement concluded between the Department of State 

and the National Archives and Records Administration, 

and, in the case of Presidential records, by section 2204 

of such title.

CUSTODY of RECORDS; 

OKLAHOMA HISTORICAL SOCIETY

(25 U.S.C. § 199a)

§ 199a. CUSTODY OF RECORDS; OKLAHOMA 

HISTORICAL SOCIETY

Title to records of Indian tribes heretofore placed with the 

Oklahoma Historical Society of the State of Oklahoma 

by the Secretary of the Interior shall remain vested in 

the United States and such records shall be held by the 

said society under rules and regulations prescribed by the 

Archivist of the United States: Provided, That copies of 

any such records, documents, books, or papers held by 

the said society when certified by the secretary or chief 

clerk thereof under its seal, or by the officer or person 

acting as secretary or chief clerk, shall be evidence equally 

with the original, and in making such certified copies the 

said secretary or acting secretary and the said chief clerk 

or acting chief clerk shall be acting as a Federal agent, 

and such certified copies shall have the same force and 

effect as if made by the Archivist of the United States as 

provided in section 2112(b) of Title 44: Provided further, 

That whenever such certified copies are desired for official 

use by the Federal Government they shall be furnished 

without cost: Provided further, That any such records 

held by the said society shall be promptly returned to the 

government official designated by the Archivist of the 

United States upon his request therefor.

INTERNAL REVENUE CODE

(26 U.S.C. § 6103)

§ 6103 CONFIDENTIALITY AND DISCLOSURE 

OF RETURNS AND RETURN INFORMATION

***

(l)(17) Disclosure to National Archives and Records 

Administration 

The Secretary shall, upon written request from the 

Archivist of the United States, disclose or authorize the 

disclosure of returns and return information to officers 

and employees of the National Archives and Records 

Administration for purposes of, and only to the extent 

necessary in, the appraisal of records for destruction or 
10 | BASIC LAWS and AUTHORITIES 

retention. No such officer or employee shall, except to 

the extent authorized by subsection (f), (i)(8), or (p), 

disclose any return or return information disclosed 

under the preceding sentence to any person other than 

to the Secretary, or to another officer or employee of the 

National Archives and Records Administration whose 

official duties require such disclosure for purposes of such 

appraisal.

***

INDEPENDENT COUNSEL

(28 U.S.C. § 594)

The Independent Counsel Act expired in 1999, however, this section remains in effect per 28 U.S.C. ∆ 599.

§ 594. AUTHORITY AND DUTIES OF AN 

INDEPENDENT COUNSEL

* * *

(k) Custody of records of an independent counsel.

(1) Transfer of records.

Upon termination of the office of an independent 

counsel, that independent counsel shall transfer to 

the Archivist of the United States all records which 

have been created or received by that office. Before this 

transfer, the independent counsel shall clearly identify 

which of these records are subject to rule 6(e) of the 

Federal Rules of Criminal Procedure as grand jury materials and which of these records have been classified 

as national security information. Any records which 

were compiled by an independent counsel and, upon 

termination of the independent counsel’s office, were 

stored with the division of the court or elsewhere before the enactment of the Independent Counsel Reauthorization Act of 1987, shall also be transferred to 

the Archivist of the United States by the division of 

the court or the person in possession of such records.

(2) Maintenance, use, and disposal of records.

Records transferred to the Archivist under this chapter 

shall be maintained, used, and disposed of in accordance with chapters 21, 29, and 33 of title 44.

(3) Access to records.

(A) In general.

Subject to paragraph (4), access to the records transferred to the Archivist under this chapter shall be governed by section 552 of title 5.

(B) Access by Department of Justice.

The Archivist shall, upon written application by the Attorney General, disclose any such records to the Department of Justice for purposes of an ongoing law enforcement investigation or court proceeding, except that, in 

the case of grand jury materials, such records shall be so 

disclosed only by order of the court of jurisdiction under 

rule 6(e) of the Federal Rules of Criminal Procedure.

(C) Exception.

Notwithstanding any restriction on access imposed by 

law, the Archivist and persons employed by the National Archives and Records Administration who are 

engaged in the performance of normal archival work 

shall be permitted access to the records transferred to 

the Archivist under this chapter.

(4) Records provided by Congress.

Records of an investigation conducted by a committee 

of the House of Representatives or the Senate which 

are provided to an independent counsel to assist in an 

investigation or prosecution conducted by that independent counsel—

(A) shall be maintained as a separate body of records 

within the records of the independent counsel; and

(B) shall, after the records have been transferred to the 

Archivist under this chapter, be made available, except 

as provided in paragraph (3)(B) and (C), in accor-
BASIC LAWS and AUTHORITIES | 11

dance with the rules governing release of the records 

of the House of Congress that provided the records to 

the independent counsel. 

Subparagraph (B) shall not apply to those records 

which have been surrendered pursuant to grand jury 

or court proceedings.

* * *

CONGRESSIONAL PRINTING and BINDING

(44 U.S.C. Chapter 7)

§ 710. COPIES OF ACTS FURNISHED TO 

PUBLIC PRINTER

The Archivist of the United States shall furnish to 

the Director of the Government Publishing Office 

a copy of every Act and joint resolution, as soon as 

possible after its approval by the President, or after it 

has become a law under the Constitution without his 

approval.

§ 711. PRINTING ACTS, JOINT RESOLUTIONS, 

AND TREATIES

The Director of the Government Publishing Office, on 

receiving from the Archivist of the United States a copy of 

an Act or joint resolution, or from the Secretary of State, a 

copy of a treaty, shall print an accurate copy and transmit 

it in duplicate to the Archivist of the United States or to 

the Secretary of State, as the case may be, for revision. On 

the return of one of the revised duplicates, he shall make 

the marked corrections and print the number specified by 

section 709 of this title.

§ 729. UNITED STATES STATUTES AT LARGE: 

REFERENCES IN MARGINS

The Archivist of the United States shall include in the 

references in margins of the United States

Statutes at Large the number of the bill or joint resolution 

(designating S. for Senate bill, H.R. for House bill, S.J. 

Res. for Senate joint resolution and H.J. Res. for House 

joint resolutions, as the case may be) under which each 

Act was approved and became a law, the reference in the 

margins to be placed within brackets immediately under 

the date of the approval of the Act at the beginning of 

each Act as printed beginning with Volume 32 of the 

United States Statutes at Large.

FEDERAL REGISTER and the

CODE of FEDERAL REGULATIONS

(44 U.S.C. Chapter 15)

Sec.

1501. Definitions.

1502. Custody and printing of Federal documents; appointment of Director.

1503. Filing documents with Office; notation of time; 

public inspection; transmission for printing.

1504. “Federal Register”; printing; distribution; price.

1505. Documents to be published in Federal Register.

1506. Administrative Committee of the Federal Register; 

establishment and composition; powers and duties

1507. Filing document as constructive notice; publication in Federal Register as presumption of validity; 

judicial notice; citation.

1508. Publication in Federal Register as notice of hearing.

1509. Cost of publication; appropriations authorized; 

penalty mail privilege.
12 | BASIC LAWS and AUTHORITIES 

1510. Code of Federal Regulations.

1511. International agreements excluded from provisions 

of chapter. 

§ 1501. DEFINITIONS

As used in this chapter, unless the context otherwise requires—

“document” means a Presidential proclamation or Executive order and an order, regulation, rule, certificate, code 

of fair competition, license, notice, or similar instrument, 

issued, prescribed, or promulgated by a Federal agency;

“Federal agency” or “agency” means the President of the 

United States, or an executive department, independent 

board, establishment, bureau, agency, institution, commission, or separate office of the administrative branch of 

the Government of the United States but not the legislative or judicial branches of the Government;

“person” means an individual, partnership, association, 

or corporation; and

“National Archives of the United States” has the same 

meaning as in section 2901(11) of this title.

§ 1502. CUSTODY AND PRINTING OF 

FEDERAL DOCUMENTS; APPOINTMENT OF 

DIRECTOR

The Archivist of the United States, acting through the Office of the Federal Register, is charged with the custody 

and, together with the Director of the Government Publishing Office, with the prompt and uniform printing and 

distribution of the documents required or authorized to 

be published by section 1505 of this title. 

There shall be at the head of the Office a director, appointed by, and who shall act under the general direction 

of, the Archivist of the United States in carrying out this 

chapter and the regulations prescribed under it.

§ 1503. FILING DOCUMENTS WITH OFFICE; 

NOTATION OF TIME; PUBLIC INSPECTION; 

TRANSMISSION FOR PRINTING

The original and two duplicate originals or certified copies of a document required or authorized to be published 

bysection 1505 of this title shall be filed with the Office of 

the Federal Register, which shall be open for that purpose 

during all hours of the working days when the National 

Archives Building is open for official business. The Archivist of the United States shall cause to be noted on the 

original and duplicate originals or certified copies of each 

document the day and hour of filing. When the original is 

issued, prescribed, or promulgated outside the District of 

Columbia, and certified copies are filed before the filing of 

the original, the notation shall be of the day and hour of 

filing of the certified copies. Upon filing, at least one copy 

shall be immediately available for public inspection in the 

Office. The original shall be retained by the National Archives and Records Administration and shall be available 

for inspection under regulations prescribed by the Archivist, unless such original is disposed of in accordance with 

disposal schedules submitted by the Administrative Committee of the Federal Register and authorized by the Archivist pursuant to regulations issued under chapter 33 of 

this title; however, originals of proclamations of the President and Executive orders shall be permanently retained 

by the Administration as part of the National Archives of 

the United States. The Office shall transmit immediately 

to the Government Publishing Office for printing, as provided by this chapter, one duplicate original or certified 

copy of each document required or authorized to be published by section 1505 of this title. Every Federal agency 

shall cause to be transmitted for filing the original and 

the duplicate originals or certified copies of all such documents issued, prescribed, or promulgated by the agency.

§ 1504. «FEDERAL REGISTER»; PRINTING; 

CONTENTS; DISTRIBUTION; PRICE

Documents required or authorized to be published by 

section 1505 of this title shall be printed and distributed immediately by the Government Publishing Office 

in a serial publication designated the “Federal Register.” 

The Director of the Government Publishing Office shall 

make available the facilities of the Government Publishing Office for the prompt printing and distribution of the 

Federal Register in the manner and at the times required 

by this chapter and the regulations prescribed under it. 

The contents of the daily issues shall be indexed and shall 

comprise all documents, required or authorized to be 

published, filed with the Office of the Federal Register up 

to the time of the day immediately preceding the day of 

distribution fixed by regulations under this chapter. There 

shall be printed with each document a copy of the notation, required to be made by section 1503 of this title, of 

the day and hour when, upon filing with the Office, the 

document was made available for public inspection. Dis-
BASIC LAWS and AUTHORITIES | 13

tribution shall be made by delivery or by deposit at a post 

office at a time in the morning of the day of distribution 

fixed by regulations prescribed under this chapter. The 

prices to be charged for the Federal Register may be fixed 

by the Administrative Committee of the Federal Register 

established by section 1506 of this title without reference 

to the restrictions placed upon and fixed for the sale of 

Government publications by sections 1705 and 1708 of 

this title.

§ 1505. DOCUMENTS TO BE PUBLISHED IN 

FEDERAL REGISTER

(a) Proclamations and Executive Orders; documents 

having general applicability and legal effect; documents 

required to be published by Congress. There shall be published in the Federal Register—

(1) Presidential proclamations and Executive orders, 

except those not having general applicability and legal effect or effective only against Federal agencies or persons 

in their capacity as officers, agents, or employees thereof;

(2) documents or classes of documents that the President may determine from time to time have general applicability and legal effect; and

(3) documents or classes of documents that may be required so to be published by Act of Congress. 

For the purposes of this chapter every document or order which prescribes a penalty has general applicability 

and legal effect.

(b) Documents authorized to be published by regulations; comments and news items excluded. In addition to 

the foregoing there shall also be published in the Federal 

Register other documents or classes of documents authorized to be published by regulations prescribed under this 

chapter with the approval of the President, but comments 

or news items of any character may not be published in the 

Federal Register.(c) Suspension of requirements for filing 

of documents; alternate systems for promulgating, filing, 

or publishing documents; preservation of originals. In the 

event of an attack or threatened attack upon the continental United States and a determination by the President 

that as a result of an attack or threatened attack—

(1) publication of the Federal Register or filing of documents with the Office of the Federal Register is impracticable, or

(2) under existing conditions publication in the Federal 

Register would not serve to give appropriate notice to the 

public of the contents of documents, the President may, 

without regard to any other provision of law, suspend all 

or part of the requirements of law or regulation for filing 

with the Office or publication in the Federal Register of 

documents or classes of documents. 

The suspensions shall remain in effect until revoked by 

the President, or by concurrent resolution of the Congress. The President shall establish alternate systems for 

promulgating, filing, or publishing documents or classes 

of documents affected by such suspensions, including requirements relating to their effectiveness or validity, that 

may be considered under the then existing circumstances 

practicable to provide public notice of the issuance and of 

the contents of the documents. The alternate systems may, 

without limitation, provide for the use of regional or specialized publications or depositories for documents, or of 

the press, the radio, or similar mediums of general communication. Compliance with alternate systems of filing 

or publication shall have the same effect as filing with the 

Office or publication in the Federal Register under this 

chapter or other law or regulation. With respect to documents promulgated under alternate systems, each agency 

shall preserve the original and two duplicate originals or 

two certified copies for filing with the Office when the 

President determines that it is practicable.

§ 1506. ADMINISTRATIVE COMMITTEE OF 

THE FEDERAL REGISTER; ESTABLISHMENT 

AND COMPOSITION; POWERS AND DUTIES

The Administrative Committee of the Federal Register 

shall consist of the Archivist of the United States or Acting Archivist, who shall be chairman, an officer of the Department of Justice designated by the Attorney General, 

and the Director of the Government Publishing Office 

or Acting Director of the Government Publishing Office. 

The Director of the Federal Register shall act as secretary 

of the committee. The committee shall prescribe, with 

the approval of the President, regulations for carrying out 

this chapter. The regulations shall provide, among other 

things—

(1) the manner of certification of copies required to be 

certified under section 1503 of this title, which certification may be permitted to be based upon confirmed communications from outside the District of Columbia;
14 | BASIC LAWS and AUTHORITIES 

(2) the documents which shall be authorized under section 1505(b) of this title to be published in the Federal 

Register;

(3) the manner and form in which the Federal Register shall be printed, reprinted, and compiled, indexed, 

bound, and distributed;

(4) the number of copies of the Federal Register, which 

shall be printed, reprinted, and compiled, the number 

which shall be distributed without charge to Members 

of Congress, officers and employees of the United States, 

or Federal agency, for official use, and the number which 

shall be available for distribution to the public; and

(5) the prices to be charged for individual copies of, 

and subscriptions to, the Federal Register and reprints 

and bound volumes of it.

§ 1507. FILING DOCUMENT AS 

CONSTRUCTIVE NOTICE; PUBLICATION IN 

FEDERAL REGISTER AS PRESUMPTION OF 

VALIDITY; JUDICIAL NOTICE; CITATION

A document required by section 1505(a) of this title to 

be published in the Federal Register is not valid as against 

a person who has not had actual knowledge of it until 

the duplicate originals or certified copies of the document 

have been filed with the Office of the Federal Register and 

a copy made available for public inspection as provided 

by section 1503 of this title. Unless otherwise specifically provided by statute, filing of a document, required or 

authorized to be published by section 1505 of this title, 

except in cases where notice by publication is insufficient 

in law, is sufficient to give notice of the contents of the 

document to a person subject to or affected by it. The 

publication in the Federal Register of a document creates 

a rebuttable presumption—

(1) that it was duly issued, prescribed, or promulgated;

(2) that it was filed with the Office of the Federal Register and made available for public inspection at the day 

and hour stated in the printed notation;

(3) that the copy contained in the Federal Register is a 

true copy of the original; and

(4) that all requirements of this chapter and the regulations prescribed under it relative to the document have 

been complied with.

The contents of the Federal Register shall be judicially noticed and without prejudice to any other mode of citation, 

may be cited by volume and page number.

§ 1508. PUBLICATION IN FEDERAL REGISTER 

AS NOTICE OF HEARING

A notice of hearing or of opportunity to be heard, required or authorized to be given by an Act of Congress, or 

which may otherwise properly be given, shall be deemed 

to have been given to all persons residing within the States 

of the Union and the District of Columbia, except in cases where notice by publication is insufficient in law, when 

the notice is published in the Federal Register at such a 

time that the period between the publication and the date 

fixed in the notice for the hearing or for the termination 

of the opportunity to be heard is—

(1) not less than the time specifically prescribed for the 

publication of the notice by the appropriate Act of Congress; or

(2) not less than fifteen days when time for publication 

is not specifically prescribed by the Act, without prejudice, however, to the effectiveness of a notice of less than 

fifteen days where the shorter period is reasonable.

§ 1509. COSTS OF PUBLICATION, ETC.

(a) The cost of printing, reprinting, wrapping, binding, and distributing the Federal Register and the Code 

of Federal Regulations, and, except as provided in subsection (b), other expenses incurred by the Government 

Publishing Office in carrying out the duties placed upon 

it by this chapter shall be charged to the revolving fund 

provided in section 309. Reimbursements for such costs 

and expenses shall be made by the Federal agencies and 

credited, together with all receipts, as provided in section 

309(b).

(b) The cost of printing, reprinting, wrapping, binding, and distributing all other publications of the Federal Register program, and other expenses incurred by the 

Government Publishing Office in connection with such 

publications, shall be borne by the appropriations to the 

Government Publishing Office and the appropriations are 

made available, and are authorized to be increased by additional sums necessary for the purposes, the increases to 

be based upon estimates submitted by the Director of the 

Government Publishing Office.

§ 1510. CODE OF FEDERAL REGULATIONS

(a) The Administrative Committee of the Federal Register, with the approval of the President, may require, from 

time to time as it considers necessary, the preparation and 
BASIC LAWS and AUTHORITIES | 15

publication in special or supplemental editions of the 

Federal Register of complete codifications of the documents of each agency of the Government having general 

applicability and legal effect, issued or promulgated by the 

agency by publication in the Federal Register or by filing 

with the Administrative Committee, and are relied upon 

by the agency as authority for, or are invoked or used by 

it in the discharge of, its activities or functions, and are in 

effect as to facts arising on or after dates specified by the 

Administrative Committee.

(b) A codification published under subsection (a) of 

this section shall be printed and bound in permanent 

form and shall be designated as the “Code of Federal 

Regulations.” The Administrative Committee shall regulate the binding of the printed codifications into separate 

books with a view to practical usefulness and economical 

manufacture. Each book shall contain an explanation of 

its coverage and other aids to users that the Administrative Committee may require. A general index to the entire 

Code of Federal Regulations shall be separately printed 

and bound.

(c) The Administrative Committee shall regulate the 

supplementation and the collation and republication of 

the printed codifications with a view to keeping the Code 

of Federal Regulations as current as practicable. Each 

book shall be either supplemented or collated and republished at least once each calendar year.

(d) The Office of the Federal Register shall prepare and 

publish the codifications, supplements, collations, and indexes authorized by this section.

(e) The codified documents of the several agencies published in the supplemental edition of the

Federal Register under this section, as amended by documents subsequently filed with the Office and published 

in the daily issues of the Federal Register, shall be prima 

facie evidence of the text of the documents and of the fact 

that they are in effect on and after the date of publication.

(f) The Administrative Committee shall prescribe, with 

the approval of the President, regulations for carrying out 

this section.

(g) This section does not require codification of the 

text of Presidential documents published and periodically 

compiled in supplements to Title 3 of the Code of Federal 

Regulations.

§ 1511. INTERNATIONAL AGREEMENTS 

EXCLUDED FROM PROVISIONS OF CHAPTER

This chapter does not apply to treaties, conventions, 

protocols, and other international agreements, or proclamations thereof by the President.

DISTRIBUTION and SALE of PUBLIC DOCUMENTS

(44 U.S.C. § 1714)

§ 1714. PUBLICATIONS FOR USE OF 

NATIONAL ARCHIVES AND RECORDS 

ADMINISTRATION

The Director of the Government Publishing Office shall 

print and deliver to the National Archives and Records 

Administration for use by the Archivist of the United 

States, including use by the Presidential Library established for the President during whose term the documents 

were issued, which shall be chargeable to Congress three 

copies each of the following publications:

House documents and public reports, bound;

Senate documents and public reports, bound;

Senate and House journals, bound;

United States Code and Supplements, bound;

United States Statutes at Large, bound;

the United States Reports, bound;

all other documents bearing a congressional number, or 

printed upon order of a committee in either House of 

Congress, or of a department, independent agency or establishment, commission, or officer of the Government, 

except confidential matter, blank forms, and circular letters not of a public character; and public bills and resolutions in Congress in each parliamentary stage.

The Superintendent of Documents shall furnish, without cost, copies of publications available for free distribution.
16 | BASIC LAWS and AUTHORITIES 

NATIONAL ARCHIVES and RECORDS ADMINISTRATION

(44 U.S.C. Chapter 21)

Sec.

2101. Definitions.

2102. Establishment.

2103. Officers.

2104. Administrative provisions.

2105. Personnel and services.

2106. Reports to Congress.

2107. Acceptance of Records for historical preservation.

2107 note. President John F. Kennedy Assassination Records Collection Act.

2107 note. Establishment of National Database for Records of Servitude, Emancipation, and Post-Civil 

War Reconstruction

2108. Responsibility for custody, use, and withdrawal of 

records.

2108 note. Procedures to Prevent Unauthorized Removal of Classified Records from National Archives. 

2109. Preservation, arrangement, duplication, exhibition 

of records.

2110. Servicing records.

2111. Material accepted for deposit.

2111 note. Presidential Recordings and Materials Preservation Act.

2112. Presidential archival depository.

2113. Depository for agreements between states.

2114. Preservation of motion-picture films, still pictures, 

and sound recordings.

2115. Reports; correction of violations.

2116. Legal status of reproductions; official seal; fees for 

copies and reproductions.

2117. Limitation on liability.

2118. Records of Congress.

2119. Cooperative agreements.

§ 2101. DEFINITIONS

As used in this chapter—

(1) “Presidential archival depository” means an institution operated by the United States to house and preserve 

the papers and books of a President or former President of 

the United States, together with other historical materials 

belonging to a President or former President of the United States, or related to his papers or to the events of his 

official or personal life, and may include research facilities 

and museum facilities in accordance with this chapter;

(2) “historical materials” including books, correspondence, documents, papers, pamphlets, works of art, models, pictures, photographs, plats, maps, films, motion 

pictures, sound recordings, and other objects or materials 

having historical or commemorative value;

(3) “Archivist” means the Archivist of the United States 

appointed under section 2103 of this title; and

(4) “Administration” means the National Archives and 

Records Administration established under section 2102 

of this title.

§ 2102. ESTABLISHMENT

There shall be an independent establishment in the executive branch of the Government to be known as the 

National Archives and Records Administration. The Administration shall be administered under the supervision 

and direction of the Archivist.

Transfer of Functions, Personnel, Assets, Liabilities, Contracts, Property, Records, and Unexpended Balances, Etc.

44 U.S.C. § 2102 NOTES

Transfer of Functions. Section 103 of Pub. L. 98-497 provides that:

Sec. 103. (a) The National Archives and Records Service of the General Services Administration is transferred 

to the National Archives and Records Administration.

(b)(1) All functions which were assigned to the Administrator of General Services by section 6 of Executive Order No. 10530 of May 11, 1954 (19 Fed. Reg. 2709 [set 

out as a note under section 301 of Title 3, The President], 

relating to documents and the Administrative Committee 

of the Federal Register), and by Executive Order Numbered 11440 of December 11, 1968 (33 Fed. Reg. 18475 

[set out as a note under section 2109 of this title]; relating to supplemental use of Federal exhibits and displays), 

shall be exercised by the Archivist of the United States.

(2) All functions pertaining to the maintenance, operation, and protection of a Presidential archival deposito-
BASIC LAWS and AUTHORITIES | 17

ry which were assigned to the Administrator of General 

Services by the Act of September 6, 1965 (Public Law 

89-169, 79 Stat. 648) [set out as a note under section 

2112 of this title], relating to the Lyndon Baines Johnson 

Presidential Archival Depository, and by the Act of August 27, 1966 (Public Law 89-547, 80 Stat. 370) [set out 

as a note under section 2112 of this title], and the Act of 

May 26, 1977 (Public Law 95-34, 91 Stat. 174), relating 

to the John Fitzgerald Kennedy Library, shall be exercised 

by the Archivist of the United States.

(c) In the exercise of the functions transferred by this 

Act [Pub. L. 98-497, Oct. 19, 1984, 98 Stat. 2280], and 

the amendments made by this Act [Pub. L. 98- 497, Oct. 

19, 1984, 98 Stat.2280], the Archivist shall have the same 

authority as had the Administrator of General Services 

prior to the transfer of such functions, and the actions of 

the Archivist shall have the same force and effect as when 

exercised by such Administrator.

(d) Prior to the appointment and confirmation of an 

individual to serve as Archivist of the United States under 

section 2103 of title 44, United States Code, the individual holding the office of Archivist of the United States on 

the day before the effective date of this Act [Apr. 1, 1985] 

may serve as Archivist under such section, and while so 

serving shall be compensated at the rate provided under 

subsection (b) of such section.

Transfer of Personnel. Section 104 of Pub. L. 98-497 provides that:

Sec. 104. (a) Except as otherwise provided in this Act 

[Pub. L. 98-497], the personnel employed in connection with, and the assets, liabilities, contracts, property, 

records, and unexpended balances of appropriations, authorizations, allocations, and other funds employed, held, 

used, arising from, available to or to be made available in 

connection with the functions and agencies transferred by 

this Act and the amendments made by this Act [Pub. L. 

98-497], subject to section 1531 of title 31, United States 

Code, are transferred to the Archivist for appropriate allocation. Pursuant to the preceding sentence, there shall be 

transferred to the Archivist for appropriate allocation (1) 

for the remainder of fiscal year 1985, an amount equal to 

not less than $2,760,000 (adjusted to reflect actual salaries and benefits of transferred employees and other costs) 

from the unexpended balances of the fiscal year 1985 

funds and appropriations available to the General Services 

Administration, and (2) 115.5 full-time equivalent employee positions, of which not less than 30 percent shall 

be vacant. Unexpended funds transferred pursuant to this 

subsection shall be used only for the purposes for which 

the funds were originally authorized and appropriated.

(b) The transfer pursuant to this title [title I (sections 

101-108) of Pub. L. 98-497] of full-time personnel (except special Government employees) and part- time personnel holding permanent positions shall not cause any 

such employees to be separated or reduced in grade or 

compensation for one year after such transfer or after the 

effective date of this Act [Apr. 1, 1985], whichever is later.

Savings Provisions. Section 105 of Pub. L. 98-497 provides that:

Sec. 105. 

(a) All orders, determinations, rules, regulations, 

grants, contracts, agreements, permits, licenses, privileges, 

and other actions which have been issued, granted, made, 

undertaken, or entered into in the performance of any 

function transferred by this Act [Pub. L. 98-497] or the 

amendments made by this Act [Pub. L. 98-497] shall continue in effect according to their terms until modified, terminated, superseded, set aside, or revoked in accordance 

with law by any authorized official, a court of competent 

jurisdiction, or by operation of law.

(b)(1) The transfer of functions by this Act [Pub. L. 

98-497] and by the amendments made by this Act [Pub. 

L. 98-497] shall not affect any proceedings, including 

notices of proposed rulemaking, or any application for 

any license, permit, certificate, or financial assistance 

pending on the effective date of this Act [Apr. 1, 1985] 

before the General Services Administration; but such proceedings and applications, to the extent that they relate 

to the functions so transferred, shall be continued. Orders shall be issued in such proceedings, appeals shall be 

taken therefrom, and payments shall be made pursuant 

to such orders, as if this Act had not been enacted; and 

orders issued in any such proceedings shall continue in 

effect until modified, terminated, superseded, or revoked 

by the Archivist, by a court of competent jurisdiction, or 

by operation of law. Nothing in this subsection shall be 

deemed to prohibit the discontinuance or modification of 

any such proceeding under the same terms and conditions 

and to the same extent that such proceeding could have 

been discontinued or modified if this Act had not been 

enacted.
18 | BASIC LAWS and AUTHORITIES 

(2) The Archivist is authorized to promulgate regulations providing for the orderly transfer of proceedings 

continued under paragraph (1) from the General Services 

Administration to the Administration.

(c) Except as provided in subsection (e) [of this section]—

(1) the provisions of this Act [Pub. L. 98-497] and of 

the amendments made by this Act [Pub. L. 98-497] 

shall not affect actions commenced prior to the effective date of this Act [Apr. 1, 1985], and

(2) in all such actions, proceedings shall be had, appeals 

taken, and judgments rendered in the same manner 

and effect as if this Act [Pub. L. 98- 497] had not been 

enacted.

(d) No action or other proceeding lawfully commenced 

by or against any officer of the United States acting in the 

official capacity of such officer shall abate by reason of any 

transfer of functions by this Act [Pub. L. 98-497] or by 

an amendment made by this Act [Pub. L. 98-497]. No 

cause of action by or against the General Services Administration or by or against any officer thereof in the official 

capacity of such officer shall abate by reason of any such 

transfer of functions.

(e) If, before the date on which this Act takes effect 

[Apr. 1, 1985], the General Services Administration or 

any officer thereof in the official capacity of such officer, is 

a party to an action, and under this Act [Pub. L. 98-497] 

or the amendments made by this Act [Pub. L. 98-497] 

any function in connection with such action is transferred 

to the Archivist or any other official of the Administration, then such action shall be continued with the Archivist or other appropriate official of the Administration 

substituted or added as a party.

(f) Orders and actions of the Archivist in the exercise 

of functions transferred by this Act [Pub. L. 98-497] or 

by amendments made by this Act [Pub. L. 98-497] shall 

be subject to judicial review to the same extent and in the 

same manner as if such orders and actions had been by 

the individual holding the office of Archivist of the United States on the day before the effective date of this Act 

[Apr. 1, 1985] or the Administrator of General Services 

in the exercise of such functions immediately preceding 

their transfer. Any statutory requirements relating to notice, hearings, action upon the record, or administrative 

review that apply to any function transferred by this Act 

[Pub. L. 98-497] or by any amendment made by this Act 

[Pub. L. 98-497] shall apply to the exercise of such function by the Archivist.

Reference. Section 106 of Pub. L. 98-497 provides that:

With respect to any functions transferred by this Act 

[Pub. L. 98-497] or by an amendment made by this Act 

[Pub. L. 98-497] and exercised after the effective date of 

this Act [Apr. 1, 1985], reference in any other Federal law 

to the office of the Archivist of the United States as in 

existence on the date before the effective date of this Act 

[Apr. 1, 1985], or the National Archives and Records Service of the General Services Administration, or any office 

or officer thereof, shall be deemed to refer to the Archivist 

or the Administration.

Definitions. Section 108 of Pub. L. 98-497 provides that:

For purposes of sections 103 through 106 [set out as notes 

under this section]—

(1) the term ‘Archivist’ means the Archivist of the United States appointed under section 2103 of title 44, United States Code, as added by section 102(a)(2) of this Act 

[sections 2103-2106 of this title];

(2) the term ‘Administration’ means the National Archives and Records Administration established under section 2102 of such title (as amended by section 101 of this 

Act [this section]); and

(3) the term ‘function’ includes any duty, obligation, power, 

authority, responsibility, right, privilege, activity, or program.

Establishment of Positions of Director of the Center for Legislative Archives and Specialist in Congressional History; 

Compensation of Director; Administrative Expenses of Advisory Committee on the Records of Congress; Authorization of 

Appropriations. Pub. L. 101-509, Title IV, § 1(a)-(c), Nov. 

5, 1990, 104 Stat. 1416, as amended Pub. L. 103-329, Title V, § 541, Sept. 30, 1994, 108 Stat. 2415, provides that:

(a)(1) The Director of the Center for Legislative Archives within the National Archives and Records Administration shall be established without regard to chapter 51 

of title 5 and shall be paid at a rate determined without 

regard to the provisions of chapter 51 and subchapter III 

of chapter 53 of title 5 governing General Schedule classification and pay rates: Provided, That such pay shall be 

no less than 120 percent of the rate of pay for GS-15, step 

1 of the General Schedule nor more than the rate of pay 

in effect for level one of the Senior Executive Schedule.
BASIC LAWS and AUTHORITIES | 19

(2) There is established within the Center for Legislative Archives within the National Archives and Records 

Administration the position of Specialist in Congressional 

History.

(b) There shall be made available from funds appropriated in each fiscal year to the National Archives and 

Records Administration, $20,000 for the administrative 

expenses of the Advisory Committee on the Records of 

Congress established under section 2701 of title 44, United States Code.

(c) There are authorized to be appropriated such sums 

as may be necessary to carry out the purposes of subsections (a) and (b) of this section.

Spending Authority. Section 302 of Pub. L. 98-497 provides 

that:

Any new spending authority (within the meaning of section 401 of the Congressional Budget Act of 1974 [section 651 of Title 2, The Congress]) which is provided 

under this Act [Pub. L. 98-497] shall be effective for any 

fiscal year only to the extent or in such amounts as provided in appropriations Acts.

(End of Note)

§ 2103. OFFICERS

(a) The Archivist of the United States shall be appointed by the President by and with the advice and consent 

of the Senate. The Archivist shall be appointed without 

regard to political affiliations and solely on the basis of 

the professional qualifications required to perform the 

duties and responsibilities of the office of Archivist. The 

Archivist may be removed from office by the President. 

The President shall communicate the reasons for any such 

removal to each House of the Congress.

(b) The Archivist shall be compensated at the rate provided for level III of the Executive Schedule under section 

5314 of title 5.

(c) There shall be in the Administration a Deputy Archivist of the United States, who shall be appointed by 

and who shall serve at the pleasure of the Archivist. The 

Deputy Archivist shall be established as a career reserved 

position in the Senior Executive Service within the meaning of section 3132(a)(8) of title 5. The Deputy Archivist 

shall perform such functions as the Archivist shall designate. During any absence or disability of the Archivist, 

the Deputy Archivist shall act as Archivist. In the event of 

a vacancy in the office of the Archivist, the Deputy Archivist shall act as Archivist until an Archivist is appointed 

under subsection (a).

§ 2104. ADMINISTRATIVE PROVISIONS

(a) The Archivist shall prescribe such regulations as the 

Archivist deems necessary to effectuate the functions of 

the Archivist, and the head of each executive agency shall 

cause to be issued such orders and directives as such agency head deems necessary to carry out such regulations.

(b) Except as otherwise expressly provided by law, the 

Archivist may delegate any of the functions of the Archivist to such officers and employees of the Administration 

as the Archivist may designate, and may authorize such 

successive redelegations of such functions as the Archivist 

may deem to be necessary or appropriate. A delegation of 

functions by the Archivist shall not relieve the Archivist 

of responsibility for the administration of such functions.

(c) The Archivist may organize the Administration as 

the Archivist finds necessary or appropriate.

(d) The Archivist is authorized to establish, maintain, 

alter, or discontinue such regional, local, or other field offices as the Archivist finds necessary or appropriate to perform the functions of the Archivist or the Administration.

(e) The Archivist shall cause a seal of office to be made 

for the Administration of such design as the Archivist 

shall approve. Judicial notice shall be taken of such seal.

(f) The Archivist may establish advisory committees to 

provide advice with respect to any function of the Archivist or the Administration. Members of any such committee shall serve without compensation but shall be entitled 

to transportation expenses and per diem in lieu of subsistence in accordance with section 5703 of title 5.

(g) The Archivist shall advise and consult with interested Federal agencies with a view to obtaining their advice 

and assistance in carrying out the purposes of this chapter.

(h) If authorized by the Archivist, officers and employees of the Administration having investigatory functions 

are empowered, while engaged in the performance of their 

duties in conducting investigations, to administer oaths.

§ 2105. PERSONNEL AND SERVICES

(a) (1) The Archivist is authorized to select, appoint, 

employ, and fix the compensation of such officers and 

employees, pursuant to part III of title 5, as are necessary 
20 | BASIC LAWS and AUTHORITIES 

to perform the functions of the Archivist and the Administration.

(2) Notwithstanding paragraph (1), the Archivist is authorized to appoint, subject to consultation requirements 

set forth in paragraph (f)(2) of section 2203 of this title, a director at each Presidential archival depository established under section 2112 of this title. The Archivist 

may appoint a director without regard to subchapter I 

and subchapter VIII of chapter 33 of Title 5, governing 

appointments in the competitive service and the Senior 

Executive Service. A director so appointed shall be responsible for the care and preservation of the Presidential 

records and historical materials deposited in a Presidential archival depository, shall serve at the pleasure of the 

Archivist and shall perform such other functions as the 

Archivist may specify.

(b) The Archivist is authorized to obtain the services 

of experts and consultants under section 3109 of title 5. 

(c) Notwithstanding the provisions of section 973 of 

title 10 or any other provision of law, the Archivist, in 

carrying out the functions of the Archivist or the Administration, is authorized to utilize in the Administration 

the services of officials, officers, and other personnel in 

other Federal agencies, including personnel of the armed 

services, with the consent of the head of the agency concerned.

(d) Notwithstanding section 1342 of title 31, United 

States Code, the Archivist is authorized to accept and utilize voluntary and uncompensated services.

§ 2106. REPORTS TO CONGRESS

The Archivist shall submit to the Congress, in January of 

each year and at such other times as the Archivist finds 

appropriate, a report concerning the administration of 

functions of the Archivist, the Administration, the National Historical Publications and Records Commission, 

and the National Archives Trust Fund. Such report shall 

describe—

(1) program administration and expenditures of funds, 

both appropriated and nonappropriated, by the Administration, the Commission, and the Trust Fund Board;

(2) research projects and publications undertaken by 

Commission grantees, and by Trust Fund grantees, including detailed information concerning the receipt and 

use of all appropriated and nonappropriated funds;

(3) by account, the moneys, securities, and other personal property received and held by the National Archives 

Trust Fund Board, and of its operations, including a listing of the purposes for which funds are transferred to the 

National Archives and Records Administration for expenditure to other Federal agencies; and

(4) the matters specified in section 2904(c)(8) of this 

title.

§ 2107. ACCEPTANCE OF RECORDS FOR 

HISTORICAL PRESERVATION

(a) In general.—When it appears to the Archivist to be 

in the public interest, the Archivist may—

(1) accept for deposit with the National Archives of the 

United States the records of a Federal agency, the Congress, the Architect of the Capitol, or the Supreme Court 

determined by the Archivist of the United States to have 

sufficient historical or other value to warrant their continued preservation by the United States Government;

(2) direct and effect the transfer to the National Archives of the United States of records of a Federal agency that have been in existence for more than thirty years 

and determined by the Archivist of the United States to 

have sufficient historical or other value to warrant their 

continued preservation by the United States Government, 

unless the head of the agency which has custody of them 

certifies in writing to the Archivist that they must be retained in his custody for use in the conduct of the regular 

current business of the agency;

(3) direct and effect, with the approval of the head of 

the originating agency, or if the existence of the agency 

has been terminated, then with the approval of the head 

of that agency’s successor in function, if any, the transfer of records deposited or approved for deposit with the 

National Archives of the United States to public or educational institutions or associations; title to the records to 

remain vested in the United States unless otherwise authorized by Congress; and

(4) transfer materials from private sources authorized to 

be received by the Archivist by section 2111 of this title.

(b) Early transfer of records.—The Archivist—

(1) in consultation with the head of the originating 

Federal agency, is authorized to accept a copy of the 

records described in subsection (a)(2) that have been in 

existence for less than thirty years; and

(2) may not disclose any such records until the 

expiration of—
BASIC LAWS and AUTHORITIES | 21

(A) the thirty-year period described in paragraph (1);

(B) any longer period established by the Archivist by 

order; or

(C) any shorter period agreed to by the originating 

Federal agency.

44 U.S.C. § 2107 NOTE PRESIDENT JOHN F. 

KENNEDY ASSASSINATION RECORDS COLLECTION ACT

Sec. 1. Short Title

This Act may be cited as the ‘President John F. Kennedy 

Assassination Records Collection Act of 1992’.

Sec. 2. Findings, declarations, and purposes

(a) Findings and declarations.—The Congress finds and 

declares that—

(1) all Government records related to the assassination 

of President John F. Kennedy should be preserved for historical and governmental purposes;

(2) all Government records concerning the assassination of President John F. Kennedy should carry a presumption of immediate disclosure, and all records should 

be eventually disclosed to enable the public to become 

fully informed about the history surrounding the assassination;

(3) legislation is necessary to create an enforceable, independent, and accountable process for the public disclosure of such records;

(4) legislation is necessary because congressional records 

related to the assassination of President John F. Kennedy 

would not otherwise be subject to public disclosure until 

at least the year 2029;

(5) legislation is necessary because the Freedom of Information Act, as implemented by the executive branch, 

has prevented the timely public disclosure of records relating to the assassination of President John F. Kennedy;

(6) legislation is necessary because Executive Order 

No. 12356, entitled ‘National Security Information’ has 

eliminated the declassification and downgrading schedules relating to classified information across government 

and has prevented the timely public disclosure of records 

relating to the assassination of President John F. Kennedy; and

(7) most of the records related to the assassination of 

President John F. Kennedy are almost 30 years old, and 

only in the rarest cases is there any legitimate need for 

continued protection of such records.

(b) Purposes.—The purposes of this Act are—

(1) to provide for the creation of the President John F. 

Kennedy Assassination Records Collection at the National Archives and Records Administration; and

(2) to require the expeditious public transmission to the 

Archivist and public disclosure of such records.

Sec. 3. Definitions

In this Act:

(1) ‘Archivist’ means the Archivist of the United States.

(2) ‘Assassination record’ means a record that is related to 

the assassination of President John F. Kennedy, that was 

created or made available for use by, obtained by, or otherwise came into the possession of—

(A) the Commission to Investigate the Assassination of 

President John F. Kennedy (the ‘Warren Commission’);

(B) the Commission on Central Intelligence Agency Activities Within the United States (the ‘Rockefeller 

Commission’);

(C) the Senate Select Committee to Study Governmental Operations with Respect to Intelligence Activities (the 

‘Church Committee’);

(D) the Select Committee on Intelligence (the ‘Pike 

Committee’) of the House of Representatives;

(E) the Select Committee on Assassinations (the ‘House 

Assassinations Committee’) of the House of Representatives;

(F) the Library of Congress;

(G) the National Archives and Records Administration;

(H) any Presidential library;

(I) any Executive agency;

(J) any independent agency;

(K) any other office of the Federal Government; and

(L) any State or local law enforcement office that provided support or assistance or performed work in connection with a Federal inquiry into the assassination of President John F. Kennedy, but does not include the autopsy 

records donated by the Kennedy family to the National 

Archives pursuant to a deed of gift regulating access to 

those records, or copies and reproductions made from 

such records.

(3) ‘Collection’ means the President John F. Kennedy Assassination Records Collection established under section 4.
22 | BASIC LAWS and AUTHORITIES 

(4) ‘Executive agency’ means an Executive agency as defined in subsection 552(f) of title 5, United States Code, 

and includes any Executive department, military department, Government corporation, Government controlled 

corporation, or other establishment in the executive branch 

of the Government, including the Executive Office of the 

President, or any independent regulatory agency.

(5) ‘Government office’ means any office of the Federal 

Government that has possession or control of assassination records, including—

(A) the House Committee on Administration with regard to the Select Committee on Assassinations of the records of the House of Representatives;

(B) the Select Committee on Intelligence of the Senate 

with regard to records of the Senate Select Committee to 

Study Governmental Operations with Respect to Intelligence Activities and other assassination records;

(C) the Library of Congress;

(D) the National Archives as custodian of assassination 

records that it has obtained or possesses, including the 

Commission to Investigate the Assassination of President 

John F. Kennedy and the Commission on Central Intelligence Agency Activities in the United States; and

(E) any other executive branch office or agency, and any 

independent agency.

(6) ‘Identification aid’ means the written description prepared for each record as required in section 4.

(7) ‘National Archives’ means the National Archives and 

Records Administration and all components thereof, including Presidential archival depositories established under section 2112 of title 44, United States Code. 

(8) ‘Official investigation’ means the reviews of the assassination of President John F. Kennedy conducted by any 

Presidential commission, any authorized congressional committee, and any Government agency either independently, at 

the request of any Presidential commission or congressional 

committee, or at the request of any Government official.

(9) ‘Originating body’ means the Executive agency, government commission, congressional committee, or other 

governmental entity that created a record or particular information within a record.

(10) ‘Public interest’ means the compelling interest in the 

prompt public disclosure of assassination records for historical and governmental purposes and for the purpose of 

fully informing the American people about the history surrounding the assassination of President John F. Kennedy.

(11) ‘Record’ includes a book, paper, map, photograph, 

sound or video recording, machine readable material, computerized, digitized, or electronic information, regardless of 

the medium on which it is stored, or other documentary 

material, regardless of its physical form or characteristics.

(12) ‘Review Board’ means the Assassination Records Review Board established by section 7.

(13) ‘Third agency’ means a Government agency that originated an assassination record that is in the possession of 

another agency.

Sec. 4. President John F. Kennedy Assassination Records 

Collection at the National Archives and Records Administration

(a) In General.—(1) Not later than 60 days after the date 

of enactment of this Act [Oct. 26, 1992], the National 

Archives and Records Administration shall commence establishment of a collection of records to be known as the 

President John F. Kennedy Assassination Records Collection. In so doing, the Archivist shall ensure the physical 

integrity and original provenance of all records. The Collection shall consist of record copies of all Government 

records relating to the assassination of President John F. 

Kennedy, which shall be transmitted to the National Archives in accordance with section 2107 of title 44, United 

States Code [this section]. The Archivist shall prepare and 

publish a subject guidebook and index to the collection.

(2) The Collection shall include—

(A) all assassination records—

(i) that have been transmitted to the National Archives or disclosed to the public in an unredacted form 

prior to the date of enactment of this Act [Oct. 26 

1992];

(ii) that are required to be transmitted to the National Archives; or

(iii) the disclosure of which is postponed under this 

Act;

(B) a central directory comprised of identification aids 

created for each record transmitted to the Archivist under 

section 5; and

(C) all Review Board records as required by this Act.

(b) Disclosure of records.—All assassination records 

transmitted to the National Archives for disclosure to the 

public shall be included in the Collection and shall be 

available to the public for inspection and copying at the 
BASIC LAWS and AUTHORITIES | 23

National Archives within 30 days after their transmission 

to the National Archives.

(c) Fees for copying.—The Archivist shall—

(1) charge fees for copying assassination records; and

(2) grant waivers of such fees pursuant to the standards 

established by section 552(a)(4) of title 5, United States 

Code. 

(d) Additional requirements.—(1) The Collection shall be 

preserved, protected, archived, and made available to the 

public at the National Archives using appropriations authorized, specified, and restricted for use under the terms 

of this Act.

(2) The National Archives, in consultation with the Information Security Oversight Office, shall ensure the security 

of the postponed assassination records in the Collection.

(e) Oversight.—The Committee on Government Operations of the House of Representatives and the Committee 

on Governmental Affairs of the Senate shall have continuing oversight jurisdiction with respect to the Collection.

Sec. 5. Review, identification, transmission to the National Archives, and public disclosure of assassination records 

by government offices.

(a) In general.—(1) As soon as practicable after the date of 

enactment of this Act [Oct. 26, 1992], each Government 

office shall identify and organize its records relating to the 

assassination of President John F. Kennedy and prepare 

them for transmission to the Archivist for inclusion in the 

Collection.

(2) No assassination record shall be destroyed, altered, or 

mutilated in any way.

(3) No assassination record made available or disclosed to 

the public prior to the date of enactment of this Act [Oct. 

26, 1992] may be withheld, redacted, postponed for public disclosure, or reclassified.

(4) No assassination record created by a person or entity 

outside government (excluding names or identities consistent with the requirements of section 6) shall be withheld, 

redacted, postponed for public disclosure, or reclassified.

(b) Custody of assassination records pending review.—

During the review by Government offices and pending 

review activity by the Review Board, each Government 

office shall retain custody of its assassination records for 

purposes of preservation, security, and efficiency, unless—

(1) the Review Board requires the physical transfer of 

records for purposes of conducting an independent and 

impartial review;

(2) transfer is necessary for an administrative hearing or 

other Review Board function; or

(3) it is a third agency record described in subsection (c)

(2)(C).

(c) Review.—(1) Not later than 300 days after the date of 

enactment of this Act [Oct. 26, 1992], each Government 

office shall review, identify and organize each assassination record in its custody or possession for disclosure to 

the public, review by the Review Board, and transmission 

to the Archivist.

(2) In carrying out paragraph (1), a Government office shall—

(A) determine which of its records are assassination records;

(B) determine which of its assassination records have 

been officially disclosed or publicly available in a complete and unredacted form;

(C)(i) determine which of its assassination records, or 

particular information contained in such a record, was 

created by a third agency or by another Government 

office; and

(ii) transmit to a third agency or other Government 

office those records, or particular information contained in those records, or complete and accurate copies 

thereof;

(D)(i) determine whether its assassination records or 

particular information in assassination records are covered by the standards for postponement of public disclosure under this Act; and

(ii) specify on the identification aid required by subsection (d) the applicable postponement provision contained in section 6;

(E) organize and make available to the Review Board all 

assassination records identified under subparagraph (D) 

the public disclosure of which in whole or in part may be 

postponed under this Act;

(F) organize and make available to the Review Board 

any record concerning which the office has any uncertainty as to whether the record is an assassination record 

governed by this Act;

(G) give priority to—

(i) the identification, review, and transmission of all 

assassination records publicly available or disclosed as 

of the date of enactment of this Act [Oct. 26, 1992] in 

a redacted or edited form; and
24 | BASIC LAWS and AUTHORITIES 

(ii) the identification, review, and transmission, under the standards for postponement set forth in this Act, 

of assassination records that on the date of enactment 

of this Act [Oct. 26, 1992] are the subject of litigation 

under section 552 of title 5, United States Code; and

(H) make available to the Review Board any additional 

information and records that the Review Board has reason 

to believe it requires for conducting a review under this Act.

(3) The Director of each archival depository established 

under section 2112 of title 44, United States Code, shall 

have as a priority the expedited review for public disclosure of assassination records in the possession and custody 

of the depository, and shall make such records available to 

the Review Board as required by this Act.

(d) Identification aids.—(1)(A) Not later than 45 days 

after the date of enactment of this Act [Oct. 26, 1992], 

the Archivist, in consultation with the appropriate Government offices, shall prepare and make available to all 

Government offices a standard form of identification or 

finding aid for use with each assassination record subject 

to review under this Act.

(B) The Archivist shall ensure that the identification aid 

program is established in such a manner as to result in 

the creation of a uniform system of electronic records by 

Government offices that are compatible with each other.

(2) Upon completion of an identification aid, a 

Government office shall—

(A) attach a printed copy to the record it describes;

(B) transmit to the Review Board a printed copy; and

(C) attach a printed copy to each assassination record it 

describes when it is transmitted to the Archivist.

(3) Assassination records which are in the possession of 

the National Archives on the date of enactment of this Act 

[Oct. 26, 1992], and which have been publicly available 

in their entirety without redaction, shall be made available 

in the Collection without any additional review by the 

Review Board or another authorized office under this Act, 

and shall not be required to have such an identification 

aid unless required by the Archivist.

(e) Transmission to the National Archives.—Each Government office shall—

(1) transmit to the Archivist, and make immediately available to the public, all assassination records that can be publicly disclosed, including those that are publicly available on the 

date of enactment of this Act, without any redaction, adjustment, or withholding under the standards of this Act; and

(2) transmit to the Archivist upon approval for postponement by the Review Board or upon completion of other 

action authorized by this Act, all assassination records the 

public disclosure of which has been postponed, in whole 

or in part, under the standards of this Act, to become part 

of the protected Collection.

(f) Custody of postponed assassination records.—An assassination record the public disclosure of which has been 

postponed shall, pending transmission to the Archivist, be 

held for reasons of security and preservation by the originating body until such time as the information security 

program has been established at the National Archives as 

required in section 4(e)(2).

(g) Periodic review of postponed assassination records.—

(1) All postponed or redacted records shall be reviewed 

periodically by the originating agency and the Archivist 

consistent with the recommendations of the Review 

Board under section 9(c)(3)(B).—

(2)(A) A periodic review shall address the public disclosure of additional assassination records in the Collection 

under the standards of this Act.

(B) All postponed assassination records determined to 

require continued postponement shall require an unclassified written description of the reason for such continued 

postponement. Such description shall be provided to the 

Archivist and published in the Federal Register upon determination.

(C) The periodic review of postponed assassination 

records shall serve to downgrade and declassify security-classified information.

(D) Each assassination record shall be publicly disclosed 

in full, and available in the Collection no later than the 

date that is 25 years after the date of enactment of this Act 

[Oct. 26, 1992], unless the President certifies, as required 

by this Act, that—

(i) continued postponement is made necessary by an 

identifiable harm to the military defense, intelligence 

operations, law enforcement, or conduct of foreign relations; and

(ii) the identifiable harm is of such gravity that it outweighs the public interest in disclosure.

(h) Fees for copying.—Executive branch agencies shall—

(1) charge fees for copying assassination records; and

(2) grant waivers of such fees pursuant to the standards 

established by section 552(a)(4) of title 5, United States 

Code.
BASIC LAWS and AUTHORITIES | 25

Sec. 6. Grounds for postponement of public disclosure 

of records

Disclosure of assassination records or particular information in assassination records to the public may be postponed subject to the limitations of this Act if there is clear 

and convincing evidence that—

(1) the threat to the military defense, intelligence operations, or conduct of foreign relations of the United States 

posed by the public disclosure of the assassination record 

is of such gravity that it outweighs the public interest, and 

such public disclosure would reveal—

(A) an intelligence agent whose identity currently requires protection;

(B) an intelligence source or method which is currently utilized, or reasonably expected to be utilized, by the 

United States Government and which has not been officially disclosed, the disclosure of which would interfere 

with the conduct of intelligence activities; or

(C) any other matter currently relating to the military defense, intelligence operations or conduct of foreign relations 

of the United States, the disclosure of which would demonstrably impair the national security of the United States;

(2) the public disclosure of the assassination record would 

reveal the name or identity of a living person who provided confidential information to the United States and 

would pose a substantial risk of harm to that person;

(3) the public disclosure of the assassination record could 

reasonably be expected to constitute an unwarranted invasion of personal privacy, and that invasion of privacy is 

so substantial that it outweighs the public interest;

(4) the public disclosure of the assassination record would 

compromise the existence of an understanding of confidentiality currently requiring protection between a Government agent and a cooperating individual or a foreign 

government, and public disclosure would be so harmful 

that it outweighs the public interest; or

(5) the public disclosure of the assassination record would 

reveal a security or protective procedure currently utilized, 

or reasonably expected to be utilized, by the Secret Service 

or another Government agency responsible for protecting 

Government officials, and public disclosure would be so 

harmful that it outweighs the public interest.

Sec. 7. Establishment and powers of the Assassination Records Review Board

(a) Establishment.—There is established as an independent agency a board to be known as the Assassinations 

[sic] Records Review Board.

(b) Appointment.—(1) The President, by and with the 

advice and consent of the Senate, shall appoint, without 

regard to political affiliation, 5 citizens to serve as members of the Review Board to ensure and facilitate the review, transmission to the Archivist, and public disclosure 

of Government records related to the assassination of 

President John F. Kennedy.

(2) The President shall make nominations to the Review 

Board not later than 90 calendar days after the date of 

enactment of this Act [Oct. 26, 1992].

(3) If the Senate votes not to confirm a nomination to 

the Review Board, the President shall make an additional 

nomination not later than 30 days thereafter.

(4)(A) The President shall make nominations to the Review Board after considering persons recommended by 

the American Historical Association, the Organization of 

American Historians, the Society of American Archivists, 

and the American Bar Association.

(B) If an organization described in subparagraph (A) 

does not recommend at least 2 nominees meeting the 

qualifications stated in paragraph (5) by the date that is 

45 days after the date of enactment of this Act [Oct. 26, 

1992], the President shall consider for nomination the 

persons recommended by the other organizations described in subparagraph (A).

(C) The President may request an organization described 

in subparagraph (A) to submit additional nominations.

(5) Persons nominated to the Review Board—

(A) shall be impartial private citizens, none of whom 

is presently employed by any branch of the Government, 

and none of whom shall have had any previous involvement with any official investigation or inquiry conducted 

by a Federal, State, or local government, relating to the 

assassination of President John F. Kennedy;

(B) shall be distinguished persons of high national 

professional reputation in their respective fields who are 

capable of exercising the independent and objective judgment necessary to the fulfillment of their role in ensuring 

and facilitating the review, transmission to the public, and 

public disclosure of records related to the assassination of 

President John F. Kennedy and who possess an appreciation of the value of such material to the public, scholars, 

and government; and
26 | BASIC LAWS and AUTHORITIES 

(C) shall include at least 1 professional historian and 1 

attorney.

(c) Security clearances.—(1) All Review Board nominees 

shall be granted the necessary security clearances in an accelerated manner subject to the standard procedures for 

granting such clearances.

(2) All nominees shall qualify for the necessary security 

clearance prior to being considered for confirmation by 

the Committee on Governmental Affairs of the Senate.

(d) Confirmation hearings.—(1) The Committee on 

Governmental Affairs of the Senate shall hold confirmation hearings within 30 days in which the Senate is in 

session after the nomination of 3 Review Board members.

(2) The Committee on Governmental Affairs shall vote on 

the nominations within 14 days in which the Senate is in 

session after the confirmation hearings, and shall report 

its results to the full Senate immediately.

(3) The Senate shall vote on each nominee to confirm or 

reject within 14 days in which the Senate is in session after 

reported by the Committee on Governmental Affairs.

(e) Vacancy.—A vacancy on the Review Board shall be 

filled in the same manner as specified for original appointment within 30 days of the occurrence of the vacancy.

(f) Chairperson.—The Members of the Review Board 

shall elect one of its members as chairperson at its initial 

meeting.

(g) Removal of Review Board member.—(1) No member 

of the Review Board shall be removed from office, other 

than—

(A) by impeachment and conviction; or

(B) by the action of the President for inefficiency, neglect of duty, malfeasance in office, physical disability, 

mental incapacity, or any other condition that substantially impairs the performance of the member’s duties.

(2)(A) If a member of the Review Board is removed from 

office, and that removal is by the President, not later than 

10 days after the removal the President shall submit to 

the Committee on Government Operations of the House 

of Representatives and the Committee on Governmental

Affairs of the Senate a report specifying the facts found 

and the grounds for the removal.

(B) The President shall publish in the Federal Register a 

report submitted under paragraph (2)(A), except that the 

President may, if necessary to protect the rights of a person named in the report or to prevent undue interference 

with any pending prosecution, postpone or refrain from 

publishing any or all of the report until the completion 

of such pending cases or pursuant to privacy protection 

requirements in law.

(3)(A) A member of the Review Board removed from office may obtain judicial review of the removal in a civil 

action commenced in the United States District Court for 

the District of Columbia.

(B) The member may be reinstated or granted other appropriate relief by order of the court.

(h) Compensation of members.—(1) A member of the 

Review Board shall be compensated at a rate equal to the 

daily equivalent of the annual rate of basic pay prescribed 

for level IV of the

Executive Schedule under section 5315 of title 5, United 

States Code, for each day (including travel time) during 

which the member is engaged in the performance of the 

duties of the Review Board.

(2) A member of the Review Board shall be allowed reasonable travel expenses, including per diem in lieu of subsistence, at rates for employees of agencies under subchapter I of chapter 57 of title 5, United States Code, while 

away from the member’s home or regular place of business 

in the performance of services for the Review Board.

(i) Duties of the Review Board.—(1) The Review Board 

shall consider and render decisions on a determination by 

a Government office to seek to postpone the disclosure of 

assassination records.

(2) In carrying out paragraph (1), the Review Board shall 

consider and render decisions—

(A) whether a record constitutes an assassination record; and

(B) whether an assassination record or particular information in a record qualifies for postponement of disclosure under this Act.

(j) Powers.—(1) The Review Board shall have the authority to act in a manner prescribed under this Act including 

authority to—

(A) direct Government offices to complete identification aids and organize assassination records;

(B) direct Government offices to transmit to the Archivist assassination records as required under this Act, including segregable portions of assassination records, and 

substitutes and summaries of assassination records that 

can be publicly disclosed to the fullest extent;

(C)(i) obtain access to assassination records that have 

been identified and organized by a Government office;
BASIC LAWS and AUTHORITIES | 27

(ii) direct a Government office to make available to 

the Review Board, and if necessary investigate the facts 

surrounding, additional information, records, or testimony from individuals, which the Review Board has 

reason to believe is required to fulfill its functions and 

responsibilities under this Act; and

(iii) request the Attorney General to subpoena private persons to compel testimony, records, and other 

information relevant to its responsibilities under this 

Act;

(D) require any Government office to account in writing for the destruction of any records relating to the assassination of President John F. Kennedy;

(E) receive information from the public regarding the 

identification and public disclosure of assassination records;

(F) hold hearings, administer oaths, and subpoena witnesses and documents; and

(G) use the Federal Supply Service in the same manner 

and under the same conditions as other departments and 

agencies of the United States; and

(H) use the United States mails in the same manner 

and under the same conditions as other departments and 

agencies of the United States.

(2) A subpoena issued under paragraph (1)(C)(iii) may be 

enforced by any appropriate Federal court acting pursuant to a lawful request of the Review Board.

(k) Witness immunity.—The Review Board shall be considered to be an agency of the United States for purposes 

of section 6001 of title 18, United States Code.

(l) Oversight.—(1) The Committee on Government Operations of the House of Representatives and the Committee on Governmental Affairs of the Senate shall have 

continuing oversight jurisdiction with respect to the official conduct of the Review Board and the disposition of 

postponed records after termination of the Review Board, 

and shall have access to any records held or created by the 

Review Board.

(2) The Review Board shall have the duty to cooperate 

with the exercise of such oversight jurisdiction.

(m) Support Services.—The Administrator of the General 

Services Administration shall provide administrative services for the Review Board on a reimbursable basis.

(n) Interpretive regulations.—The Review Board may issue interpretive regulations.

(o) Termination and winding up.—(1) The Review Board 

and the terms of its members shall terminate not later 

than September 30, 1998.

(2) Upon its termination, the Review Board shall submit 

reports to the President and the Congress including a 

complete and accurate accounting of expenditures during 

its existence, and shall complete all other reporting requirements under this Act.

(3) Upon termination and winding up, the Review Board 

shall transfer all of its records to the Archivist for inclusion in the Collection, and no record of the Review Board 

shall be destroyed.

Sec. 8. Assassination Records Review Board personnel

(a) Executive director.—(1) Not later than 45 days after 

the initial meeting of the Review Board, the Review Board 

shall appoint one citizen, without regard to political affiliation, to the position of Executive Director.

(2) The person appointed as Executive Director shall be a 

private citizen of integrity and impartiality who is a distinguished professional and who is not a present employee 

of any branch of the Government and has had no previous involvement with any official investigation or inquiry 

relating to the assassination of President John F. Kennedy.

(3)(A) A candidate for Executive Director shall be granted 

the necessary security clearances in an accelerated manner subject to the standard procedures for granting such 

clearances.

(B) A candidate shall qualify for the necessary security 

clearance prior to being approved by the Review Board.

(4) The Executive Director shall—

(A) serve as principal liaison to Government offices;

(B) be responsible for the administration and coordination of the Review Board’s review of records;

(C) be responsible for the administration of all official 

activities conducted by the Review Board; and

(D) have no authority to decide or determine whether 

any record should be disclosed to the public or postponed 

for disclosure.

(5) The Executive Director shall not be removed for reasons other than by a majority vote of the Review Board 

for cause on the grounds of inefficiency, neglect of duty, 

malfeasance in office, physical disability, mental incapacity, or any other condition that substantially impairs the 

performance of the responsibilities of the Executive Director or the staff of the Review Board.
28 | BASIC LAWS and AUTHORITIES 

(b) Staff.—(1) The Review Board, without regard to the 

civil service laws, may appoint and terminate additional 

personnel as are necessary to enable the Review Board and 

its Executive Director to perform the duties of the Review 

Board.

(2)(A) Except as provided in subparagraph (B), a person 

appointed to the staff of the Review Board shall be a private citizen of integrity and impartiality who is not a present employee of any branch of the Government and who 

has had no previous involvement with any official investigation or inquiry relating to the assassination of President 

John F. Kennedy.

(B) An individual who is an employee of the Government may be appointed to the staff of the Review Board if 

in that position the individual will perform only administrative functions.

(3)(A) A candidate for staff shall be granted the necessary 

security clearances in an accelerated manner subject to the 

standard procedures for granting such clearances.

(B)(i) The Review Board may offer conditional employment to a candidate for a staff position pending the 

completion of security clearance background investigations. During the pendency of such investigations, the 

Review Board shall ensure that any such employee does 

not have access to, or responsibility involving, classified 

or otherwise restricted assassination record materials.

(ii) If a person hired on a conditional basis under 

clause (i) is denied or otherwise does not qualify for all 

security clearances necessary to carry out the responsibilities of the position for which conditional employment has been offered, the Review Board shall immediately terminate the person’s employment.

(c) Compensation.—Subject to such rules as may be 

adopted by the Review Board, the chairperson, without 

regard to the provisions of title 5, United States Code, 

governing appointments in the competitive service and 

without regard to the provisions of chapter 51 and subchapter III of chapter 53 of that title relating to classification and General Schedule pay rates, may—

(1) appoint an Executive Director, who shall be paid at a 

rate not to exceed the rate of basic pay for level V of the 

Executive Schedule; and

(2) appoint and fix compensation of such other personnel 

as may be necessary to carry out this Act.

(d) Advisory committees.—(1) The Review Board shall 

have the authority to create advisory committees to assist 

in fulfilling the responsibilities of the Review Board under 

this Act.

(2) Any advisory committee created by the Review Board 

shall be subject to the Federal Advisory Committee Act (5 

U.S.C. App. 2).

(e) Security clearance required.—An individual employed in any position by the Review Board (including an 

individual appointed as Executive Director) shall be required to qualify for any necessary security clearance prior 

to taking office in that position, but may be employed 

conditionally in accordance with subsection (b)(3)(B) before qualifying for that clearance.

Sec. 9. Review of records by the Assassination Records 

Review Board

(a) Custody of records reviewed by Board.—Pending the 

outcome of the Review Board’s review activity, a Government office shall retain custody of its assassination records 

for purposes of preservation, security, and efficiency, unless—

(1) the Review Board requires the physical transfer of records for reasons of conducting an independent and impartial review; or

(2) such transfer is necessary for an administrative hearing 

or other official Review Board function.

(b) Startup requirements.—The Review Board shall—

(1) not later than 90 days after the date of its appointment, publish a schedule for review of all assassination 

records in the Federal Register; and

(2) not later than 180 days after the date of enactment of 

this Act [Oct. 26, 1992], begin its review of assassination 

records under this Act.

(c) Determinations of the Review Board.—(1) The Review Board shall direct that all assassination records be 

transmitted to the Archivist and disclosed to the public 

in the Collection in the absence of clear and convincing 

evidence that—

(A) a Government record is not an assassination record; or

(B) a Government record or particular information 

within an assassination record qualifies for postponement of public disclosure under this Act.

(2) In approving postponement of public disclosure of an 

assassination record, the Review Board shall seek to—

(A) provide for the disclosure of segregable parts, substitutes, or summaries of such a record; and
BASIC LAWS and AUTHORITIES | 29

(B) determine, in consultation with the originating 

body and consistent with the standards for postponement 

under this Act, which of the following alternative forms of 

disclosure shall be made by the originating body:

(i) Any reasonably segregable particular information in 

an assassination record.

(ii) A substitute record for that information which is 

postponed.

(iii) A summary of an assassination record.

(3) With respect to each assassination record or particular 

information in assassination records the public disclosure 

of which is postponed pursuant to section 6, or for which 

only substitutions or summaries have been disclosed to 

the public, the Review Board shall create and transmit to 

the Archivist a report containing—

(A) a description of actions by the Review Board, the 

originating body, the President, or any Government office 

(including a justification of any such action to postpone 

disclosure of any record or part of any record) and of any 

official proceedings conducted by the Review Board with 

regard to specific assassination records; and

(B) a statement, based on a review of the proceedings 

and in conformity with the decisions reflected therein, 

designating a recommended specified time at which or a 

specified occurrence following which the material may be 

appropriately disclosed to the public under this Act.

(4)(A) Following its review and a determination that an 

assassination record shall be publicly disclosed in the Collection or postponed for disclosure and held in the protected Collection, the Review Board shall notify the head 

of the originating body of its determination and publish a 

copy of the determination in the Federal Register within 

14 days after the determination is made.

(B) Contemporaneous notice shall be made to the President for Review Board determinations regarding executive branch assassination records, and to the oversight 

committees designated in this Act in the case of legislative 

branch records. Such notice shall contain a written unclassified justification for public disclosure or postponement 

of disclosure, including an explanation of the application 

of any standards contained in section 6.

(d) Presidential authority over Review Board determination.—

(1) Public disclosure or postponement of disclosure.—

After the Review Board has made a formal determination concerning the public disclosure or postponement 

of disclosure of an executive branch assassination record 

or information within such a record, or of any information contained in an assassination record, obtained or 

developed solely within the executive branch, the President shall have the sole and nondelegable authority to 

require the disclosure or postponement of such record or 

information under the standards set forth in section 6, 

and the President shall provide the Review Board with 

an unclassified written certification specifying the President’s decision within 30 days after the Review Board’s 

determination and notice to the executive branch agency 

as required under this Act, stating the justification for the 

President’s decision, including the applicable grounds for 

postponement under section 6, accompanied by a copy of 

the identification aid required under section 4.

(2) Periodic review.—Any executive branch assassination 

record postponed by the President shall be subject to the 

requirements of periodic review, downgrading and declassification of classified information, and public disclosure 

in the collection set forth in section 4.

(3) Record of presidential postponement.—The Review 

Board shall, upon its receipt, publish in the Federal Register a copy of any unclassified written certification, statement, and other materials transmitted by or on behalf of 

the President with regard to postponement of assassination records.

(e) Notice to public.—Every 30 calendar days, beginning on the date that is 60 calendar days after the date on 

which the Review Board first approves the postponement 

of disclosure of an assassination record, the Review Board 

shall publish in the Federal Register a notice that summarizes the postponements approved by the Review Board or 

initiated by the President, the House of Representatives, 

or the Senate, including a description of the subject, originating agency, length or other physical description, and 

each ground for postponement that is relied upon.

(f) Reports by the review board.—(1) The Review Board 

shall report its activities to the leadership of the Congress, 

the Committee on Government Operations of the House 

of Representatives, the Committee on Governmental Affairs of the Senate, the President, the Archivist, and the 

head of any Government office whose records have been 

the subject of Review Board activity.

(2) The first report shall be issued on the date that is 1 year 

after the date of enactment of this Act

[Oct. 26, 1992], and subsequent reports every 12 months 

thereafter until termination of the Review Board.
30 | BASIC LAWS and AUTHORITIES 

(3) A report under paragraph (1) shall include the following information:

(A) A financial report of the expenses for all official 

activities and requirements of the Review Board and its 

personnel.

(B) The progress made on review, transmission to the 

Archivist, and public disclosure of assassination records.

(C) The estimated time and volume of assassination records involved in the completion of the Review Board’s 

performance under this Act.

(D) Any special problems, including requests and the 

level of cooperation of Government offices, with regard 

to the ability of the Review Board to operate as required 

by this Act.

(E) A record of review activities, including a record of 

postponement decisions by the Review Board or other related actions authorized by this Act, and a record of the 

volume of records reviewed and postponed.

(F) Suggestions and requests to Congress for additional 

legislative authority needs.

(G) An appendix containing copies of reports of postponed records to the Archivist required under section 9(c)

(3) made since the date of the preceding report under this 

subsection.

(4) At least 90 calendar days before completing its work, 

the Review Board shall provide written notice to the President and Congress of its intention to terminate its operations at a specified date.

Sec. 10. Disclosure of other materials and additional study

(a) Materials under seal of court.—

(1) The Review Board may request the Attorney General 

to petition any court in the United States or abroad to release any information relevant to the assassination of President John F. Kennedy that is held under seal of the court.

(2)(A) The Review Board may request the Attorney General to petition any court in the United States to release 

any information relevant to the assassination of President 

John F. Kennedy that is held under the injunction of secrecy of a grand jury.

(B) A request for disclosure of assassination materials 

under this Act shall be deemed to constitute a showing of 

particularized need under Rule 6 of the Federal Rules of 

Criminal Procedure [18 U.S.C.A.].

(b) Sense of congress.—It is the sense of the Congress that—

(1) the Attorney General should assist the Review Board 

in good faith to unseal any records that the Review Board 

determines to be relevant and held under seal by a court 

or under the injunction of secrecy of a grand jury;

(2) the Secretary of State should contact the Government 

of the Republic of Russia and seek the disclosure of all 

records of the government of the former Soviet Union, 

including the records of the Komitet Gosudarstvennoy 

Bezopasnosti (KGB) and the Glaynoye Razvedyvatelnoye 

Upravleniye (GRU), relevant to the assassination of President Kennedy, and contact any other foreign government 

that may hold information relevant to the assassination 

of President Kennedy and seek disclosure of such information; and

(3) all Executive agencies should cooperate in full with 

the Review Board to seek the disclosure of all information 

relevant to the assassination of President John F. Kennedy 

consistent with the public interest.

Sec. 11. Rules of construction

(a) Precedence over other law.—When this Act requires 

transmission of a record to the Archivist or public disclosure, it shall take precedence over any other law (except 

section 6103 of the Internal Revenue Code), judicial decision construing such law, or common law doctrine that 

would otherwise prohibit such transmission or disclosure, 

with the exception of deeds governing access to or transfer 

or release of gifts and donations of records to the United 

States Government.

(b) Freedom of Information Act.—Nothing in this Act 

shall be construed to eliminate or limit any right to file 

requests with any executive agency or seek judicial review 

of the decisions pursuant to section 552 of title 5, United 

States Code.

(c) Judicial review.—Nothing in this Act shall be construed to preclude judicial review, under chapter 7 of title 

5, United States Code, of final actions taken or required 

to be taken under this Act.

(d) Existing authority.—Nothing in this Act revokes or 

limits the existing authority of the President, any executive agency, the Senate, or the House of Representatives, 

or any other entity of the Government to publicly disclose 

records in its possession.

(e) Rules of the Senate and House of Representatives.—

To the extent that any provision of this Act establishes a 
BASIC LAWS and AUTHORITIES | 31

procedure to be followed in the Senate or the House of 

Representatives, such provision is adopted—

(1) as an exercise of the rulemaking power of the Senate 

and House of Representatives, respectively, and is deemed 

to be part of the rules of each House, respectively, but applicable only with respect to the procedure to be followed 

in that House, and it supersedes other rules only to the 

extent that it is inconsistent with such rules; and

(2) with full recognition of the constitutional right of either 

House to change the rules (so far as they relate to the procedure of that House) at any time, in the same manner, and to 

the same extent as in the case of any other rule of that House.

Sec. 12. Termination of effect of Act

(a) Provisions pertaining to the Review Board.—The provisions of this Act that pertain to the appointment and 

operation of the Review Board shall cease to be effective 

when the Review Board and the terms of its members 

have terminated pursuant to section 7(o).

(b) Other provisions.—The remaining provisions of this 

Act shall continue in effect until such time as the Archivist 

certifies to the President and the Congress that all assassination records have been made available to the public in 

accordance with this Act.

Sec. 13. Authorization of appropriations

(a) In general.—There are authorized to be appropriated 

to carry out the provisions of this Act $1,600,000 for fiscal year 1998.

(b) Interim funding.—Until such time as funds are appropriated pursuant to subsection (a), the President may 

use such sums as are available for discretionary use to carry out this Act.

Sec. 14. Severability

If any provision of this Act or the application thereof to 

any person or circumstance is held invalid, the remainder 

of this Act and the application of that provision to other 

persons not similarly situated or to other circumstances 

shall not be affected by the invalidation.”

[Any reference in any provision of law enacted before Jan. 

4, 1995, to the Committee on Government Operations 

of the House of Representatives treated as referring to the 

Committee on Government Reform and Oversight of 

the House of Representatives, except that any reference 

in any provision of law enacted before Jan. 4, 1995, to 

the Committee on Government Operations of the House 

of Representatives treated as referring to the Committee 

on the Budget of the House of Representatives in the 

case of a provision of law relating to the establishment, 

extension, and enforcement of special controls over the 

Federal budget, see section 1(a)(6) and (c)(2) of Pub. L. 

104-14, set out as a note preceding section 21 of Title 2, 

The Congress.]

(End of Note)

44 U.S.C. § 2107 NOTE. ESTABLISHMENT OF 

NATIONAL DATABASE FOR RECORDS OF 

SERVITUDE, EMANCIPATION, AND POSTCIVIL WAR RECONSTRUCTION.

National Database for Records of Servitude (Pub. L. 110-

404, § 7)

(a) IN GENERAL.—The Archivist of the United States 

may preserve relevant records and establish, as part of the 

National Archives and Records Administration, an electronically searchable national database consisting of historic records of servitude, emancipation, and post-Civil 

War reconstruction, including the Refugees, Freedman, 

and Abandoned Land Records, Southern Claims Commission Records, Records of the Freedmen’s Bank, Slave 

Impressments Records, Slave Payroll Records, Slave Manifest, and others, contained within the agencies and departments of the Federal Government to assist African 

Americans and others in conducting genealogical and 

historical research.

(b) MAINTENANCE.—Any database established under 

this section shall be maintained by the National Archives 

and Records Administration or an entity within the National Archives and Records Administration designated 

by the Archivist of the United States.

§ 2108. RESPONSIBILITY FOR CUSTODY, USE, 

AND WITHDRAWAL OF RECORDS

(a) The Archivist shall be responsible for the custody, 

use, and withdrawal of records transferred to him. When 

records, the use of which is subject to statutory limitations 
32 | BASIC LAWS and AUTHORITIES 

and restrictions, are so transferred, permissive and restrictive 

statutory provisions with respect to the examination and use 

of records applicable to the head of the agency from which 

the records were transferred or to employees of that agency 

are applicable to the Archivist and to the employees of the 

National Archives and Records Administration, respectively. 

Except as provided in subsection (b) of this section, when the 

head of a Federal agency states, in writing, restrictions that 

appear to him to be necessary or desirable in the public interest with respect to the use or examination of records being 

considered for transfer from his custody to the Archivist, the 

Archivist shall, if he concurs, impose such restrictions on the 

records so transferred, and may not relax or remove such restrictions without the written concurrence of the head of the 

agency from which the material was transferred, or of his successor in function, if any. In the event that a Federal agency is 

terminated and there is no successor in function, the Archivist is authorized to relax, remove, or impose restrictions on 

such agency’s records when he determines that such action is 

in the public interest. Statutory and other restrictions referred 

to in this subsection shall remain in force until the records 

have been in existence for thirty years unless the Archivist 

by order, having consulted with the head of the transferring 

Federal agency or his successor in function, determines, with 

respect to specific bodies of records, that for reasons consistent with standards established in relevant statutory law, such 

restrictions shall remain in force for a longer period. Restriction on the use or examination of records deposited with the 

National Archives of the United States imposed by section 3 

of the National Archives Act, approved June 19, 1934, shall 

continue in force regardless of the expiration of the tenure of 

office of the official who imposed them but may be removed 

or relaxed by the Archivist with the concurrence in writing of 

the head of the agency from which material was transferred 

or of his successor in function, if any.

(b) With regard to the census and survey records of the 

Bureau of the Census containing data identifying individuals enumerated in population censuses, any release 

pursuant to this section of such identifying information 

contained in such records shall be made by the Archivist 

pursuant to the specifications and agreements set forth in 

the exchange of correspondence on or about the date of 

October 10, 1952, between the Director of the Bureau of 

the Census and the Archivist of the United States, together with all amendments thereto, now or hereafter entered 

into between the Director of the Bureau of the Census 

and the Archivist of the United States. Such amendments, 

if any, shall be published in the Register.

44 U.S.C. § 2108 NOTE. PROCEDURES TO 

PREVENT UNAUTHORIZED REMOVAL OF 

CLASSIFIED RECORDS FROM NATIONAL 

ARCHIVES.

(a) Classified Records.—Not later than 90 days after 

the date of the enactment of this Act, the Archivist shall 

prescribe internal procedures to prevent the unauthorized 

removal of classified records from the National Archives 

and Records Administration or the destruction or damage 

of such records, including when such records are accessed 

or searched electronically. Such procedures shall include, 

at a minimum, the following prohibitions:

(1) An individual, other than covered personnel, may 

not view classified records in any room that is not secure, 

except in the presence of National Archives and Records 

Administration personnel or under video surveillance.

(2) An individual, other than covered personnel, may not 

be left alone with classified records, unless that individual 

is under video surveillance.

(3) An individual, other than covered personnel, may 

not review classified records while possessing any cellular 

phone, electronic personal communication device, or any 

other devices capable of photographing, recording, or 

transferring images or content.

(4) An individual seeking access to review classified 

records, as a precondition to such access, must consent 

to a search of their belongings upon conclusion of their 

records review.

(5) All notes and other writings prepared by an individual, 

other than covered personnel, during the course of a review 

of classified records shall be retained by the National 

Archives and Records Administration in a secure facility 

until such notes and other writings are determined to be 

unclassified, are declassified, or are securely transferred to 

another secure facility.

(b) DEFINITIONS.—In this section: 

(1) COVERED PERSONNEL.—The term ‘‘covered 

personnel’’ means any individual—

(A) who has an appropriate and necessary reason for accessing 

classified records, as determined by the Archivist; and

(B) who is either— 

(i) an officer or employee of the United States Government 

with appropriate security clearances; or
BASIC LAWS and AUTHORITIES | 33

(ii) any personnel with appropriate security clearances 

of a Federal contractor authorized in writing to act for 

purposes of this section by an officer or employee of the 

United States Government.

(2) RECORDS.—The term ‘‘records’’ has the meaning given 

that term under section 3301 of title 44, United States Code. 

§ 2109. PRESERVATION, ARRANGEMENT, 

DUPLICATION, EXHIBITION OF RECORDS

The Archivist shall provide for the preservation, 

arrangement, repair and rehabilitation, duplication 

and reproduction (including microcopy publications), 

description, and exhibition of records or other 

documentary material transferred to him as may be needful 

or appropriate, including the preparation and publication 

of inventories, indexes, catalogs, and other finding aids or 

guides to facilitate their use. He may also prepare guides 

and other finding aids to Federal records and, when 

approved by the National Historical Publications and 

Records Commission, publish such historical works and 

collections of sources as seem appropriate for printing or 

otherwise recording at the public expense.

§ 2110. SERVICING RECORDS

The Archivist shall provide and maintain facilities he considers necessary or desirable for servicing records in his 

custody that are not exempt from examination by statutory or other restrictions.

§ 2111. MATERIAL ACCEPTED FOR DEPOSIT

(a) In General.—When the Archivist considers it to be in 

the public interest the Archivist may accept for deposit—

(1) the papers and other historical materials of a President or former President of the United States, or other 

official or former official of the Government, and other 

papers relating to and contemporary with a President or 

former President of the United States, subject to restrictions agreeable to the Archivist as to their use; and

(2) recorded information (as such term is defined in 

section 3301(a)(2) of this title) from private sources that 

are appropriate for preservation by the Government as evidence of its organization, functions, policies, decisions, 

procedures, and transactions.

(b) Exception.—This section shall not apply in the 

case of any Presidential records which are subject to the 

provisions of chapter 22 of this title.

44 U.S.C. § 2111 NOTE

PRESIDENTIAL RECORDINGS AND 

MATERIALS PRESERVATION ACT

Delivery and Retention of Certain Presidential Materials

Sec. 101. (a) Notwithstanding any other law or any 

agreement or understanding made pursuant to section 

2111 of title 44, United States Code [this section] any 

Federal employee in possession shall deliver, and the 

Archivist of the United States (hereinafter in this title 

referred to as the ‘Archivist’) shall receive, obtain, or 

retain, complete possession and control of all original 

tape recordings of conversations which were recorded or 

caused to be recorded by any officer or employee of the 

Federal Government and which—

(1) involve former President Richard M. Nixon or other individuals who, at the time of the conversation, were 

employed by the Federal Government;

(2) were recorded in the White House or in the office of 

the President in the Executive Office Buildings located in 

Washington, District of Columbia; Camp David, Maryland; 

Key Biscayne, Florida; or San Clemente, California; and

(3) were recorded during the period beginning January 

20, 1969, and ending August 9, 1974. 

(b)(1) Notwithstanding any other law or any agreement or understanding made pursuant to section 2111 of 

title 44, United States Code [this section], the Archivist 

shall receive, retain, or make reasonable efforts to obtain, 

complete possession and control of all papers, documents, 

memorandums, transcripts, and other objects and materials which constitute the Presidential historical materials 

of Richard M. Nixon, covering the period beginning January 20, 1969, and ending August 9, 1974.

(2) For purposes of this subsection, the term ‘historical 

materials’ has the meaning given it by section 2101 of title 

44, United States Code [section 2101 of this title].

Availability of Certain Presidential Materials

Sec. 102. (a) None of the tape recordings or other materials referred to in section 101 shall be destroyed, except as 

hereafter may be provided by law.

(b) Notwithstanding any other provision of this title, 

any other law, or any agreement or understanding made 

pursuant to section 2111 of title 44, United States Code 

[this section], the tape recordings and other materials referred to in section 101 shall, immediately upon the date 

of enactment of this title, be made available, subject to 
34 | BASIC LAWS and AUTHORITIES 

any rights, defenses, or privileges which the Federal Government or any person may invoke, for use in any judicial 

proceeding or otherwise subject to court subpoena or other legal process. Any request by the Office of Watergate 

Special Prosecution Force, whether by court subpoena 

or other lawful process, for access to such recordings or 

materials shall at all times have priority over any other 

request for such recordings or materials.

(c) Richard M. Nixon, or any person whom he may designate in writing, shall at all times have access to the tape 

recordings and other materials referred to in section 101 

for any purpose which is consistent with the provisions of 

this title, subsequent and subject to the regulations which 

the Archivist shall issue pursuant to section 103.

(d) Any agency or department in the executive branch of 

the Federal Government shall at all times have access to the 

tape recordings and other materials referred to in section 

101 for lawful Government use, subject to the regulations 

which the Archivist shall issue pursuant to section 103.

Regulations to Protect Certain Tape Recordings and Other 

Materials

Sec. 103. The Archivist shall issue at the earliest possible 

date such regulations as may be necessary to assure the 

protection of the tape recordings and other materials 

referred to in section 101 from loss or destruction, 

and to prevent access to such recordings and materials 

by unauthorized persons. The Archivist may transfer 

such recordings and materials to a Presidential archival 

depository in accordance with section 2112 of title 44, 

United States Code.

Regulations Relating to Public Access

Sec. 104. (a) The Archivist shall, within ninety days after 

the date of enactment of this title [Dec.19, 1974] submit 

to each House of the Congress a report proposing and 

explaining regulations that would provide public access 

to the tape recordings and other materials referred to in 

section 101. Such regulations shall take into account the 

following factors:

(1) the need to provide the public with the full truth, 

at the earliest reasonable date, of the abuses of governmental power popularly identified under the generic term 

‘Watergate’;

(2) the need to make such recordings and materials 

available for use in judicial proceedings;

(3) the need to prevent general access, except in accordance with appropriate procedures established for use in 

judicial proceedings, to information relating to the Nation’s security;

(4) the need to protect every individual’s right to a fair 

and impartial trial;

(5) the need to protect any party’s opportunity to assert any legally or constitutionally based right or privilege 

which would prevent or otherwise limit access to such recordings and materials;

(6) the need to provide public access to those materials 

which have general historical significance, and which are 

not likely to be related to the need described in paragraph 

(1); and

(7) the need to give to Richard M. Nixon, or his heirs, 

for his sole custody and use, tape recordings and other 

materials which are not likely to be related to the need described in paragraph (1) and are not otherwise of general 

historical significance.

(b) The regulations proposed by the Archivist in the 

report required by subsection (a) shall not take effect until the expiration of the first period of 60 calendar days 

of continuous session of the Congress after the date of 

the submission of such regulations to each House of the 

Congress. For the purposes of this subsection, continuity 

of session is broken only by an adjournment of Congress 

sine die, but the days on which either House is not in session because of an adjournment of more than three days 

to a day certain are excluded.

(c) The provisions of this title shall not apply, on and after the date upon which regulations proposed by the Administrator take effect under subsection (b), to any tape 

recordings or other materials given to Richard M. Nixon, 

or his heirs, pursuant to subsection (a)(7).

(d) The provisions of this title shall not in any way affect the rights, limitations or exemptions applicable under 

the Freedom of Information Act, 5 U.S.C. § 552 et seq. 

Judicial Review

Sec. 105. (a) The United States District Court for the 

District of Columbia shall have exclusive jurisdiction to 

hear challenges to the legal or constitutional validity of 

this title or of any regulation issued under the authority 

granted by this title, and any action or proceeding 

involving the question of title, ownership, custody, 

possession, or control of any tape recording or material 
BASIC LAWS and AUTHORITIES | 35

referred to in section 101 or involving payment of any 

just compensation which may be due in connection 

therewith. Any such challenge shall be treated by the 

court as a matter requiring immediate consideration and 

resolution, and such challenge shall have priority on the 

docket of such court over other cases.

(b) If, under the procedures established by subsection 

(a), a judicial decision is rendered that a particular provision of this title, or a particular regulation issued under 

the authority granted by this title, is unconstitutional or 

otherwise invalid, such decision shall not affect in any way 

the validity or enforcement of any other provision of this 

title or any regulation issued under the authority granted 

by this title.

(c) If a final decision of such court holds that any provision of this title has deprived an individual of private 

property without just compensation, then there shall be 

paid out of the general fund of the Treasury of the United 

States such amount or amounts as may be adjudged just 

by that Court.

Authorization of Appropriations

Sec. 106. There is authorized to be appropriated such 

sums as may be necessary to carry out the provisions of 

this title.

[ Pub. L. 108–199, div. F, title V, §543(b), Jan. 23, 2004, 

118 Stat. 346 , provided that: “Nothing in section 103 

of the Presidential Recordings and Materials Preservation 

Act (Public Law 93–526; 44 U.S.C. 2111 note), as 

amended by subsection (a), may be construed as affecting 

public access to the recordings and materials referred to 

in that section as provided in regulations promulgated 

pursuant to section 104 of such Act.]

(End of Note)

§ 2112. PRESIDENTIAL ARCHIVAL 

DEPOSITORY

(a)(1) When the Archivist considers it to be in the public 

interest, the Archivist may—

(A)(i) accept, for and in the name of the United States, 

land, a facility, and equipment offered as a gift to the 

United States for the purpose of creating a Presidential 

archival depository;

(ii) take title to the land, facility, and equipment on 

behalf of the United States; and

(iii) maintain, operate, and protect the land, facility, 

and equipment as a Presidential archival depository and 

as part of the national archives system;

(B)(i) make agreements, upon terms and conditions the 

Archivist considers proper, with a State, political subdivision, university, institution of higher learning, institute, 

or foundation to use as a Presidential archival depository 

land, a facility, and equipment of the State, subdivision, 

university, or other organization, to be made available by 

it without transfer of title to the United States; and

(ii) maintain, operate, and protect the depository as a 

part of the national archives system; and

(C) accept, for and in the name of the United States, 

gifts offered for the purpose of making any physical or 

material change or addition to a Presidential archival depository.

(2) The Archivist shall promulgate architectural and 

design standards applicable to Presidential archival depositories in order to ensure that such depositories (A) 

preserve Presidential records subject to chapter 22 of this 

title and papers and other historical materials accepted for 

deposit under section 2111 of this title and (B) contain 

adequate research facilities.

(3) Prior to accepting and taking title to any land, facility, or equipment under subparagraph (A) of paragraph 

(1), or prior to entering into any agreement under subparagraph (B) of such paragraph or any other agreement 

to accept or establish a Presidential archival depository, 

the Archivist shall submit a written report on the proposed Presidential archival depository to the President of 

the Senate and the Speaker of the House of Representatives. The report shall include—

(A) a description of the land, facility, and equipment offered as a gift or to be made available without transfer of title;

(B) a statement specifying the estimated total cost of 

the proposed depository and the amount of the endowment for the depository required pursuant to subsection 

(g) of this section;

(C) a statement of the terms of the proposed agreement, if any;

(D) a general description of the types of papers, documents, or other historical materials proposed to be deposited in the depository to be created, and of the terms of 

the proposed deposit;
36 | BASIC LAWS and AUTHORITIES 

(E) a statement of any additional improvements and 

equipment associated with the development and operation of the depository, an estimate of the costs of such 

improvements and equipment, and a statement as to the 

extent to which such costs will be incurred by any Federal 

or State government agency;

(F) an estimate of the total annual cost to the United 

States of maintaining, operating, and protecting the depository; and

(G) a certification that such facility and equipment 

(whether offered as a gift or made available without 

transfer of title) comply with standards promulgated 

by the Archivist pursuant to paragraph (2) of this subsection.

(4) Prior to accepting any gift under subparagraph (C) 

of paragraph (1) for the purpose of making any physical 

or material change or addition to a Presidential archival 

depository, or prior to implementing any provision of law 

requiring the making of such a change or addition, the 

Archivist shall submit a report in writing on the proposed 

change or addition to the President of the Senate and the 

Speaker of the House of Representatives. The report shall 

include—

(A) a description of such gift;

(B) a statement specifying the estimated total cost of 

the proposed physical or material change or addition and 

the amount of the deposit in an endowment for the depository required pursuant to subsection (g) of this section in order to meet the cost of such change or addition;

(C) a statement of the purpose of the proposed change 

or addition and a general description of any papers, documents, or historical materials proposed to be deposited 

in the depository as a result of such change or addition;

(D) a statement of any additional improvements or 

equipment for the depository associated with such change 

or addition;

(E) an estimate of the increase in the total annual cost 

to the United States of maintaining, operating, and protecting the depository that will result from such change 

or addition; and

(F) a certification that the depository, and the equipment therein will, after such change or addition, comply 

with the standards promulgated by the Archivist pursuant 

to paragraph (2) of this subsection.

(5) The Archivist may not—

(A) accept or take title to land, a facility, or equipment 

under subparagraph (A) of paragraph (1) for the purpose 

of creating a Presidential archival depository;

(B) enter into any agreement under subparagraph (B) 

of such paragraph or any other agreement to accept or 

establish a Presidential archival depository; or

(C) accept any gift under subparagraph (C) of such 

paragraph for the purpose of making any physical or material change to a Presidential archival depository, until 

the expiration of a period of 60 days of continuous session 

of Congress beginning on the date on which the Archivist transmits the report required under paragraph (3) of 

this subsection with respect to such Presidential archival 

depository or the report required under paragraph (4) of 

this subsection with respect to such change or addition, as 

the case may be.

(b) When the Archivist considers it to be in the public 

interest, he may deposit in a Presidential archival depository papers, documents, or other historical materials accepted under section 2111 of this title, or Federal records 

appropriate for preservation.

(c) When the Archivist considers it to be in the public 

interest, he may exercise, with respect to papers, documents, or other historical materials deposited under this 

section, or otherwise, in a Presidential archival depository, 

all the functions and responsibilities otherwise vested in 

him pertaining to Federal records or other documentary 

materials in his custody or under his control. The Archivist, in negotiating for the deposit of Presidential historical materials, shall take steps to secure to the Government, 

as far as possible, the right to have continuous and permanent possession of the materials. Papers, documents, or 

other historical materials accepted and deposited under 

section 2111 of this title and this section are subject to 

restrictions as to their availability and use stated in writing 

by the donors or depositors, including the restriction that 

they shall be kept in a Presidential archival depository. 

The restrictions shall be respected for the period stated, or 

until revoked or terminated by the donors or depositors 

or by persons legally qualified to act on their behalf. Subject to the restrictions, the Archivist may dispose by sale, 

exchange, or otherwise, of papers, documents, or other 

materials which the Archivist determines to have no permanent value or historical interest or to be surplus to the 

needs of a Presidential archival depository. Only the first 

two sentences of this subsection shall apply to Presidential 

records as defined in section 2201(2) of this title.
BASIC LAWS and AUTHORITIES | 37

(d) When the Archivist considers it to be in the public interest, he may cooperate with and assist a university, 

institution of higher learning, institute, foundation, or 

other organization or qualified individual to further or to 

conduct study or research in historical materials deposited 

in a Presidential archival depository.

(e) When the Archivist considers it to be in the public 

interest, he may charge and collect reasonable fees for the 

privilege of visiting and viewing exhibit rooms or museum space, or for the occasional, non-official use of rooms 

and spaces (and services related to such use), in a Presidential archival depository.

(f) When the Archivist considers it to be in the public interest, he may provide reasonable office space in a 

Presidential archival depository for the personal use of a 

former President of the United States.

(g)(1) When the Archivist considers it to be in the public interest, the Archivist may solicit and accept gifts or 

bequests of money or other property for the purpose of 

maintaining, operating, protecting, or improving a Presidential archival depository. The proceeds of gifts or bequests, together with the proceeds from fees or from sales 

of historical materials, copies or reproductions, catalogs, 

or other items, having to do with a Presidential archival 

depository, shall be paid into an account in the National Archives Trust Fund and shall be held, administered, 

and expended for the benefit and in the interest of the 

Presidential archival depository in connection with which 

they were received, and for the same purposes and objects, 

including custodial and administrative services for which 

appropriations for the maintenance, operation, protection, or improvement of Presidential archival depositories 

might be expended.

(2) The Archivist shall provide for the establishment in 

such Trust Fund of separate endowments for the maintenance of the land, facility, and equipment of each Presidential archival depository, to which shall be credited any 

gifts or bequests received under paragraph (1) that are offered for that purpose. Income to each such endowment 

shall be available to cover the cost of facility operations, 

but shall not be available for the performance of archival 

functions under this title.

(3) The Archivist shall not accept or take title to any 

land, facility, or equipment under subparagraph (A) of 

subsection (a)(1), or enter into any agreement to use any 

land, facility, or equipment under subparagraph (B) of 

such subsection for the purpose of creating a Presidential archival depository, unless the Archivist determines 

that there is available, by gift or bequest for deposit under 

paragraph (2) of this subsection in an endowment with 

respect to such depository, an amount for the purpose of 

maintaining such land, facility, and equipment equal to—

(A) the product of—

(i) the total cost of acquiring or constructing such facility and of acquiring and installing such equipment, 

multiplied by

(ii) 20 percent; plus

(B)(i) if title to the land is to be vested in the United 

States, the product of—

(I) the total cost of acquiring the land upon which 

such facility is located, or such other measure of the 

value of such land as is mutually agreed upon by the 

Archivist and the donor, multiplied by

(II) 20 percent; or

(ii) if title to the land is not to be vested in the United 

States, the product of—

(I) the total cost to the donor of any improvements 

to the land upon which such facility is located (other 

than such facility and equipment), multiplied by

(II) 20 percent; plus

(C) if the Presidential archival depository will exceed 

70,000 square feet in area, an amount equal to the product of—

(i) the sum of—

(I) the total cost described in clause (i) of subparagraph (A); plus

(II) the total cost described in subclause (I) or (II) of 

subparagraph (B)(i), as the case may be, multiplied by

(ii) the percentage obtained by dividing the number of 

square feet by which such depository will exceed 70,000 

square feet by 70,000.

(4) If a proposed physical or material change or addition to a Presidential archival depository would result in 

an increase in the costs of facility operations, the Archivist may not accept any gift under subparagraph (C) of 

paragraph (1) for the purpose of making such a change 

or addition, or may not implement any provision of law 

requiring the making of such a change or addition, unless 

the Archivist determines that there is available, by gift or 

bequest for deposit under paragraph (2) of this subsection in an endowment with respect to such depository, an 

amount for the purpose of maintaining the land, facility, 
38 | BASIC LAWS and AUTHORITIES 

and equipment of such depository equal to the difference 

between—

(A) the amount which, pursuant to paragraph (3) of 

this subsection, would have been required to have been 

available for deposit in such endowment with respect to 

such depository if such change or addition had been included in such depository on—

(i) the date on which the Archivist took title to the 

land, facility, and equipment for such depository under 

subparagraph (A) of subsection (a)(1); or

(ii) the date on which the Archivist entered into an 

agreement for the creation of such depository under 

subparagraph (B) of such paragraph, as the case may 

be; minus

(B) the amount which, pursuant to paragraph (3) of 

this subsection, was required to be available for deposit 

in such endowment with respect to such depository on 

the date the Archivist took such title or entered into such 

agreement, as the case may be.

(5)(A) Notwithstanding paragraphs (3) and (4) (to 

the extent that such paragraphs are inconsistent with 

this paragraph), this subsection shall be administered 

in accordance with this paragraph with respect to any 

Presidential archival depository created as a depository for 

the papers, documents, and other historical materials and 

Presidential records pertaining to any President who takes 

the oath of office as President for the first time on or after 

July 1, 2002.

(B) For purposes of subparagraphs (A)(ii), (B)(i)(II), and (B)

(ii)(II) of paragraph (3) the percentage of 60 percent shall 

apply instead of 20 percent. (C)(i) In this subparagraph, 

the term ‘base endowment amount’ means the amount of 

the endowment required under paragraph (3).

(ii)(I) The Archivist may give credits against the base 

endowment amount if the Archivist determines that 

the proposed Presidential archival depository will have 

construction features or equipment that are expected to 

result in quantifiable long-term savings to the Government 

with respect to the cost of facility operations.

(II) The features and equipment described under subclause 

(I) shall comply with the standards promulgated by the 

Archivist under subsection (a)(2).

(III) The Archivist shall promulgate standards to be used 

in calculating the dollar amount of any credit to be given, 

and shall consult with all donors of the endowment before 

giving any credits. The total dollar amount of credits 

given under this paragraph may not exceed 20 percent of 

the base endowment amount.

(D)(i) In calculating the additional endowment amount 

required under paragraph (4), the Archivist shall take 

into account credits given under subparagraph (C), and 

may also give credits against the additional endowment 

amount required under paragraph (4), if the Archivist 

determines that construction features or equipment used 

in making or equipping the physical or material change 

or addition are expected to result in quantifiable longterm savings to the Government with respect to the cost 

of facility operations.

(ii) The features and equipment described under clause 

(i) shall comply with the standards promulgated by the 

Archivist under subsection (a)(2).

(iii) The Archivist shall promulgate standards to be used in 

calculating the dollar amount of any credit to be given, and 

shall consult with all donors of the endowment before giving 

any credits. The total dollar amount of credits given under 

this paragraph may not exceed 20 percent of the additional 

endowment amount required under paragraph (4).

§ 2113. DEPOSITORY FOR AGREEMENTS 

BETWEEN STATES

The Archivist may receive duplicate originals or 

authenticated copies of agreements or compacts entered 

into under the Constitution and laws of the United 

States, between States of the Union, and take necessary 

actions for their preservation and servicing.

§ 2114. PRESERVATION OF AUDIO AND 

VISUAL RECORDS

The Archivist may make and preserve audio and visual 

records, including motion-picture films, still photographs, 

and sound recordings, in analog, digital, or any other form, 

pertaining to and illustrative of the historical development 

of the United States Government and its activities, and 

provide for preparing, editing, titling, scoring, processing, 

duplicating, reproducing, exhibiting, and releasing for 

non-profit educational purposes, motion-picture films, 

still photographs, and sound recordings in the Archivist’s 

custody.

§ 2115. REPORTS; CORRECTION OF 

VIOLATIONS

(a) In carrying out the duties and responsibilities under 
BASIC LAWS and AUTHORITIES | 39

chapters 21, 25, 29, 31, and 33 of this title, the Archivist may obtain reports from any Federal agency on such 

agency’s activities under such chapters.

(b) When the Archivist finds that a provision of any 

such chapter has been or is being violated, the Archivist 

shall (1) inform in writing the head of the agency concerned of the violation and make recommendations for its 

correction; and (2) unless satisfactory corrective measures 

are demonstrably commenced within a reasonable time, 

submit a written report of the matter to the President and 

the Congress.

§ 2116. LEGAL STATUS OF REPRODUCTIONS; 

OFFICIAL SEAL; FEES FOR COPIES AND 

REPRODUCTIONS

(a) When records that are required by statute to be 

retained indefinitely have been reproduced by photographic, microphotographic, digital, or other processes, in accordance with standards established by the 

Archivist the indefinite retention by the photographic, microphotographic, digital, or other reproductions 

constitutes compliance with the statutory requirement 

for the indefinite retention of the original records. 

The reproductions, as well as reproductions made under regulations to carry out chapter 21, 29, 31, and 

33 of this title, shall have the same legal status as the 

originals.

(b) There shall be an official seal for the National Archives of the United States which shall be judicially noticed. When a copy or reproduction, furnished under this 

section, is authenticated by the official seal and certified 

by the Archivist, the copy or reproduction shall be admitted in evidence equally with the original from which 

it was made.

(c) The Archivist may charge a fee set to recover the 

costs for making or authenticating copies or reproductions of materials transferred to the Archivist’s custody. 

Such fee shall be fixed by the Archivist at a level which will 

recover, so far as practicable, all elements of such costs, 

and may, in the Archivist’s discretion, include increments 

for the estimated replacement cost of equipment. Such 

fees shall be paid into, administered, and expended as a 

part of the National Archives Trust Fund. The Archivist 

may not charge for making or authenticating copies or 

reproductions of materials for official use by the United 

States Government unless appropriations available to the 

Archivist for this purpose are insufficient to cover the cost 

of performing the work.

§ 2117. LIMITATION ON LIABILITY

When letters and other intellectual productions (exclusive 

of patented material, published works under copyright 

protection, and unpublished works for which copyright 

registration has been made) come into the custody or 

possession of the Archivist, the United States or its agents 

are not liable for infringement of copyright or analogous 

rights arising out of use of the materials for display, 

inspection, research, reproduction, or other purposes.

§ 2118. RECORDS OF CONGRESS

The Secretary of the Senate and the Clerk of the House of 

Representatives, acting jointly, shall obtain at the close of 

each Congress all the noncurrent records of the Congress 

and of each congressional committee and transfer them 

to the National Archives and Records Administration for 

preservation, subject to the orders of the Senate or the 

House of Representatives, respectively.

§ 2119. COOPERATIVE AGREEMENTS

(a) Authority – The Archivist may enter into cooperative agreements pursuant to section 6305 of title 31 that 

involve the transfer of funds from the National Archives 

and Records Administration to State and local governments, other public entities, educational institutions, or 

private nonprofit organizations (including foundations 

or institutes organized to support the National Archives 

and Records Administration or the Presidential archival 

depositories operated by it) for the public purpose of carrying out programs of the National Archives and Records 

Administration.

(b) Limitations – Not more than $25,000 may be 

transferred under a cooperative agreement entered into 

as authorized by subsection (a). Not more than a total 

of $75,000 may be transferred under such agreements in 

any fiscal year.

(c) Report – Not later than December 31st of each year, 

the Archivist shall submit to the Committee on Government Reform of the House of Representatives and 

the Committee on Governmental Affairs of the Senate a 

report on the provisions, amount, and duration of each 

cooperative agreement entered into as authorized by subsection (a) during the preceding fiscal year.
40 | BASIC LAWS and AUTHORITIES 

§ 2120. ONLINE ACCESS OF FOUNDING 

FATHERS DOCUMENTS

The Archivist may enter into a cooperative agreement to provide online access to the published volumes of the papers of—

(1) George Washington;

(2) Alexander Hamilton;

(3) Thomas Jefferson;

(4) Benjamin Franklin;

(5) John Adams;

(6) James Madison; and

(7) other prominent historical figures, as determined 

appropriate by the Archivist of the United States.

PRESIDENTIAL RECORDS

(44 U.S.C. Chapter 22)

Sec.

2201. Definitions.

2202. Ownership of Presidential records.

2203. Management and custody of Presidential records.

2204. Restrictions on access to Presidential records.

2205. Exceptions to restriction on access.1 1

2206. Regulations.

2207. Vice-Presidential records.

2208. Claims of constitutionally based privilege against 

disclosure

2209. Disclosure requirement for official business 

conducted using non-official electronic messaging 

accounts

§ 2201. DEFINITIONS

As used in this chapter—

(1) The term “documentary material” means all books, 

correspondence, memoranda, documents, papers, pamphlets, works of art, models, pictures, photographs, plats, 

maps, films, and motion pictures, including, but not limited to, audio and visual records, or other electronic or 

mechanical recordations, whether in analog, digital, or 

any other form.

(2) The term “Presidential records” means documentary materials, or any reasonably segregable portion thereof, 

created or received by the President, the President’s immediate staff, or a unit or individual of the Executive Office 

of the President whose function is to advise or assist the 

President, in the course of conducting activities which 

relate to or have an effect upon the carrying out of the 

constitutional, statutory, or other official or ceremonial 

duties of the President. Such term—

1

 So in original. Does not conform to section catchline.

(A) includes any documentary materials relating to the 

political activities of the President or members of the President’s staff, but only if such activities relate to or have a 

direct effect upon the carrying out of constitutional, statutory, or other official or ceremonial duties of the President; but

(B) does not include any documentary materials that 

are (i) official records of an agency (as defined in section 552(e)1

 of title 5, United States Code); (ii) personal 

records; (iii) stocks of publications and stationery; or (iv) 

extra copies of documents produced only for convenience 

of reference, when such copies are clearly so identified.

(3) The term “personal records” means all documentary 

materials, or any reasonably segregable portion therof,2of 

a purely private or nonpublic character which do not relate to or have an effect upon the carrying out of the constitutional, statutory, or other official or ceremonial duties 

of the President. Such term includes—

(A) diaries, journals, or other personal notes serving as 

the functional equivalent of a diary or journal which are 

not prepared or utilized for, or circulated or communicated in the course of, transacting Government business;

(B) materials relating to private political associations, 

and having no relation to or direct effect upon the carrying out of constitutional, statutory, or other official or 

ceremonial duties of the President; and

(C) materials relating exclusively to the President’s own 

election to the office of the Presidency; and materials directly relating to the election of a particular individual or 

individuals to Federal, State, or local office, which have 

no relation to or direct effect upon the carrying out of 

constitutional, statutory, or other official or ceremonial 

duties of the President.
BASIC LAWS and AUTHORITIES | 41

(4) The term “Archivist” means the Archivist of the 

United States.

(5) The term “former President”, when used with respect to Presidential records, means the former President 

during whose term or terms of office such Presidential records were created.

§ 2202. OWNERSHIP OF PRESIDENTIAL 

RECORDS

The United States shall reserve and retain complete 

ownership, possession, and control of Presidential records; 

and such records shall be administered in accordance with 

the provisions of this chapter.

§ 2203. MANAGEMENT AND CUSTODY OF 

PRESIDENTIAL RECORDS

(a) Through the implementation of records management controls and other necessary actions, the President 

shall take all such steps as may be necessary to assure that 

the activities, deliberations, decisions, and policies that 

reflect the performance of the President’s constitutional, 

statutory, or other official or ceremonial duties are adequately documented and that such records are preserved 

and maintained as Presidential records pursuant to the 

requirements of this section and other provisions of law.

(b) Documentary materials produced or received by 

the President, the President’s staff, or units or individuals in the Executive Office of the President the function 

of which is to advise or assist the President, shall, to the 

extent practicable, be categorized as Presidential records 

or personal records upon their creation or receipt and be 

filed separately.

(c) During the President’s term of office, the President 

may dispose of those Presidential records of such President that no longer have administrative, historical, informational, or evidentiary value if—

(1) the President obtains the views, in writing, of 

the Archivist concerning the proposed disposal of such 

Presidential records; and

(2) the Archivist states that the Archivist does not intend 

to take any action under subsection (e) of this section.

(d) In the event the Archivist notifies the President under subsection (c) that the Archivist does intend to take 

action under subsection (e), the President may dispose of 

such Presidential records if copies of the disposal schedule are submitted to the appropriate Congressional Committees at least 60 calendar days of continuous session of 

Congress in advance of the proposed disposal date. For 

the purpose of this section, continuity of session is broken 

only by an adjournment of Congress sine die, and the 

days on which either House is not in session because of an 

adjournment of more than three days to a day certain are 

excluded in the computation of the days in which Congress is in continuous session.

(e) The Archivist shall request the advice of the Committee on Rules and Administration and the Committee 

on Governmental Affairs of the Senate and the Committee on House Oversight and the Committee on Government Operations of the House of Representatives with 

respect to any proposed disposal of Presidential records 

whenever the Archivist considers that—

(1) these particular records may be of special interest to 

the Congress; or

(2) consultation with the Congress regarding the disposal of these particular records is in the public interest.

(f) During a President’s term of office, the Archivist 

may maintain and preserve Presidential records on behalf 

of the President, including records in digital or electronic 

form. The President shall remain exclusively responsible 

for custody, control, and access to such Presidential records. The Archivist may not disclose any such records, 

except under direction of the President, until the conclusion of a President’s term of office, if a President serves 

consecutive terms upon the conclusion of the last term, 

or such other period provided for under section 2204 of 

this title.

(g)(1) Upon the conclusion of a President’s term of office, or if a President serves consecutive terms upon the 

conclusion of the last term, the Archivist of the United 

States shall assume responsibility for the custody, control, 

and preservation of, and access to, the Presidential records 

of that President. The Archivist shall have an affirmative 

duty to make such records available to the public as rapidly and completely as possible consistent with the provisions of this chapter.

(2) The Archivist shall deposit all such Presidential 

records in a Presidential archival depository or another 

archival facility operated by the United States. The Archivist is authorized to designate, after consultation with the 

former President, a director at each depository or facility, 

who shall be responsible for the care and preservation of 

such records.
42 | BASIC LAWS and AUTHORITIES 

(3) The Archivist is authorized to dispose of such Presidential records which the Archivist has appraised and 

determined to have insufficient administrative, historical, informational, or evidentiary value to warrant their 

continued preservation. Notice of such disposal shall be 

published in the Federal Register at least 60 days in advance of the proposed disposal date. Publication of such 

notice shall constitute a final agency action for purposes 

of review under chapter 7 of title 5, United States Code.

§ 2204. RESTRICTIONS ON ACCESS TO 

PRESIDENTIAL RECORDS

(a) Prior to the conclusion of a President’s term of office 

or last consecutive term of office, as the case may be, the 

President shall specify durations, not to exceed 12 years, 

for which access shall be restricted with respect to information, in a Presidential record, within one or more of 

the following categories:

(1)(A) specifically authorized under criteria established 

by an Executive order to be kept secret in the interest of 

national defense or foreign policy and (B) in fact properly 

classified pursuant to such Executive order;

(2) relating to appointments to Federal office;

(3) specifically exempted from disclosure by statute 

(other than sections 552 and 552b of title 5, United States 

Code), provided that such statute (A) requires that the 

material be withheld from the public in such a manner 

as to leave no discretion on the issue, or (B) establishes 

particular criteria for withholding or refers to particular 

types of material to be withheld;

(4) trade secrets and commercial or financial information obtained from a person and privileged or confidential;

(5) confidential communications requesting or submitting advice, between the President and the President’s advisers, or between such advisers; or

(6) personnel and medical files and similar files the disclosure of which would constitute a clearly unwarranted 

invasion of personal privacy.

(b)(1) Any Presidential record or reasonably segregable 

portion thereof containing information within a category 

restricted by the President under subsection (a) shall be 

so designated by the Archivist and access thereto shall be 

restricted until the earlier of—

(A)(i) the date on which the former President waives 

the restriction on disclosure of such record, or

(ii) the expiration of the duration specified under subsection (a) for the category of information on the basis 

of which access to such record has been restricted; or

(B) upon a determination by the Archivist that such 

record or reasonably segregable portion thereof, or of any 

significant element or aspect of the information contained 

in such record or reasonably segregable portion thereof, 

has been placed in the public domain through publication 

by the former President, or the President’s agents.

(2) Any such record which does not contain information within a category restricted by the President under 

subsection (a), or contains information within such a 

category for which the duration of restricted access has 

expired, shall be exempt from the provisions of subsection 

(c) until the earlier of—

(A) the date which is 5 years after the date on which 

the Archivist obtains custody of such record pursuant to 

section 2203(d)(1); or

(B) the date on which the Archivist completes the processing and organization of such records or integral file 

segment thereof.

(3) During the period of restricted access specified pursuant to subsection (b)(1), the determination whether 

access to a Presidential record or reasonably segregable 

portion thereof shall be restricted shall be made by the 

Archivist, in the Archivist’s discretion, after consultation 

with the former President, and, during such period, such 

determinations shall not be subject to judicial review, 

except as provided in subsection (e) of this section. The 

Archivist shall establish procedures whereby any person 

denied access to a Presidential record because such record 

is restricted pursuant to a determination made under this 

paragraph, may file an administrative appeal of such determination. Such procedures shall provide for a written 

determination by the Archivist or the Archivist’s designee, 

within 30 working days after receipt of such an appeal, 

setting forth the basis for such determination.

(c)(1) Subject to the limitations on access imposed pursuant to subsections (a) and (b), Presidential records shall 

be administered in accordance with section 552 of title 5, 

United States Code, except that paragraph (b)(5) of that 

section shall not be available for purposes of withholding any Presidential record, and for the purposes of such 

section such records shall be deemed to be records of the 

National Archives and Records Administration. Access to 

such records shall be granted on nondiscriminatory terms.
BASIC LAWS and AUTHORITIES | 43

(2) Nothing in this Act shall be construed to confirm, 

limit, or expand any constitutionally-based privilege 

which may be available to an incumbent or former President.

(d) Upon the death or disability of a President or former President, any discretion or authority the President or 

former President may have had under this chapter, except 

section 2208, shall be exercised by the Archivist unless 

otherwise previously provided by the President or former 

President in a written notice to the Archivist.

(e) The United States District Court for the District 

of Columbia shall have jurisdiction over any action initiated by the former President asserting that a determination made by the Archivist violates the former President’s 

rights or privileges.

(f) The Archivist shall not make available any original 

Presidential records to any individual claiming access to 

any Presidential record as a designated representative under section 2205(3) of this title if that individual has been 

convicted of a crime relating to the review, retention, removal, or destruction of records of the Archives.

§ 2205. EXCEPTIONS TO RESTRICTED ACCESS

Notwithstanding any restrictions on access imposed 

pursuant to sections 2204 and 2208 of this title—

(1) the Archivist and persons employed by the National Archives and Records Administration who are engaged 

in the performance of normal archival work shall be permitted access to Presidential records in the custody of the 

Archivist;

(2) subject to any rights, defenses, or privileges which 

the United States or any agency or person may invoke, 

Presidential records shall be made available—

(A) pursuant to subpoena or other judicial process issued by a court of competent jurisdiction for the purposes 

of any civil or criminal investigation or proceeding;

(B) to an incumbent President if such records contain 

information that is needed for the conduct of current 

business of the incumbent President’s office and that is 

not otherwise available; and

(C) to either House of Congress, or, to the extent of 

matter within its jurisdiction, to any committee or subcommittee thereof if such records contain information 

that is needed for the conduct of its business and that is 

not otherwise available; and

(3) the Presidential records of a former President 

shall be available to such former President or the former 

President’s designated representative.

§ 2206. REGULATIONS

The Archivist shall promulgate in accordance with section 

553 of title 5, United States Code, regulations necessary to 

carry out the provisions of this chapter. Such regulations 

shall include—

(1) provisions for advance public notice and description 

of any Presidential records scheduled for disposal pursuant to section 2203(f)(3);

(2) provisions for providing notice to the former President when materials to which access would otherwise 

be restricted pursuant to section 2204(a) are to be made 

available in accordance with section 2205(2);

(3) provisions for notice by the Archivist to the former 

President when the disclosure of particular documents 

may adversely affect any rights and privileges which the 

former President may have; and

(4) provisions for establishing procedures for consultation between the Archivist and appropriate Federal agencies regarding materials which may be subject to section 

552(b)(7) of title 5, United States Code.

§ 2207. VICE-PRESIDENTIAL RECORDS

Vice-Presidential records shall be subject to the provisions 

of this chapter in the same manner as Presidential records. 

The duties and responsibilities of the Vice President, 

with respect to Vice-Presidential records, shall be the 

same as the duties and responsibilities of the President 

under this chapter, except section 2208, with respect to 

Presidential records. The authority of the Archivist with 

respect to Vice-Presidential records shall be the same as 

the authority of the Archivist under this chapter with 

respect to Presidential records, except that the Archivist 

may, when the Archivist determines that it is in the public 

interest, enter into an agreement for the deposit of VicePresidential records in a non-Federal archival depository. 

Nothing in this chapter shall be construed to authorize 

the establishment of separate archival depositories for 

such Vice-Presidential records.

§ 2208. CLAIMS OF CONSTITUTIONALLY 

BASED PRIVILEGE AGAINST DISCLOSURE

(a)(1) When the Archivist determines under this chapter to make available to the public any Presidential record 
44 | BASIC LAWS and AUTHORITIES 

that has not previously been made available to the public, 

the Archivist shall—

(A) promptly provide notice of such determination to—

(i) the former President during whose term of office the 

record was created; and

(ii) the incumbent President; and

(B) make the notice available to the public.

(2) The notice under paragraph (1)—

(A) shall be in writing; and

(B) shall include such information as may be prescribed 

in regulations issued by the Archivist.

(3)(A) Upon the expiration of the 60-day period (excepting Saturdays, Sundays, and legal public holidays) 

beginning on the date the Archivist provides notice under 

paragraph (1)(A), the Archivist shall make available to the 

public the Presidential record covered by the notice, except any record (or reasonably segregable part of a record) 

with respect to which the Archivist receives from a former 

President or the incumbent President notification of a 

claim of constitutionally based privilege against disclosure 

under subsection (b).

(B) A former President or the incumbent President 

may extend the period under subparagraph (A) once for 

not more than 30 additional days (excepting Saturdays, 

Sundays, and legal public holidays) by filing with the Archivist a statement that such an extension is necessary to 

allow an adequate review of the record.

(C) Notwithstanding subparagraphs (A) and (B), if the 

60-day period under subparagraph (A), or any extension 

of that period under subparagraph (B), would otherwise expire during the 6-month period after the incumbent President first takes office, then that 60-day period 

or extension, respectively, shall expire at the end of that 

6-month period.

(b)(1) For purposes of this section, the decision to assert any claim of constitutionally based privilege against 

disclosure of a Presidential record (or reasonably segregable part of a record) must be made personally by a former 

President or the incumbent President, as applicable.

(2) A former President or the incumbent President shall 

notify the Archivist, the Committee on Oversight and 

Government Reform of the House of Representatives, 

and the Committee on Homeland Security and Governmental Affairs of the Senate of a privilege claim under 

paragraph (1) on the same day that the claim is asserted 

under such paragraph.

(c)(1) If a claim of constitutionally based privilege 

against disclosure of a Presidential record (or reasonably 

segregable part of a record) is asserted under subsection 

(b) by a former President, the Archivist shall consult with 

the incumbent President, as soon as practicable during 

the period specified in paragraph (2)(A), to determine 

whether the incumbent President will uphold the claim 

asserted by the former President.

(2)(A) Not later than the end of the 30-day period beginning on the date on which the Archivist receives notification from a former President of the assertion of a claim 

of constitutionally based privilege against disclosure, the 

Archivist shall provide notice to the former President and 

the public of the decision of the incumbent President under paragraph (1) regarding the claim.

(B) If the incumbent President upholds the claim of 

privilege asserted by the former President, the Archivist 

shall not make the Presidential record (or reasonably 

segregable part of a record) subject to the claim publicly 

available unless—

(i) the incumbent President withdraws the decision 

upholding the claim of privilege asserted by the former 

President; or

(ii) the Archivist is otherwise directed by a final court 

order that is not subject to appeal.

(C) If the incumbent President determines not to uphold the claim of privilege asserted by the former President, or fails to make the determination under paragraph 

(1) before the end of the period specified in subparagraph 

(A), the Archivist shall release the Presidential record subject to the claim at the end of the 90-day period beginning 

on the date on which the Archivist received notification 

of the claim, unless otherwise directed by a court order in 

an action initiated by the former President under section 

2204(e) of this title or by a court order in another action 

in any Federal court.

(d) The Archivist shall not make publicly available a 

Presidential record (or reasonably segregable part of a record) that is subject to a privilege claim asserted by the 

incumbent President unless—

(1) the incumbent President withdraws the privilege 

claim; or

(2) the Archivist is otherwise directed by a final court 

order that is not subject to appeal.

(e) The Archivist shall adjust any otherwise applicable 

time period under this section as necessary to comply 
BASIC LAWS and AUTHORITIES | 45

with the return date of any congressional subpoena, judicial subpoena, or judicial process.

§ 2209. DISCLOSURE REQUIREMENT FOR 

OFFICIAL BUSINESS CONDUCTED USING 

NON-OFFICIAL ELECTRONIC MESSAGING 

ACCOUNTS

(a) In general.—The President, the Vice President, or a 

covered employee may not create or send a Presidential 

or Vice Presidential record using a non-official electronic 

message account unless the President, Vice President, or 

covered employee—

(1) copies an official electronic messaging account of 

the President, Vice President, or covered employee in 

the original creation or transmission of the Presidential 

record or Vice Presidential record; or

(2) forwards a complete copy of the Presidential or Vice 

Presidential record to an official electronic messaging 

account of the President, Vice President, or covered 

employee not later than 20 days after the original 

creation or transmission of the Presidential or Vice 

Presidential record.

(b) Adverse actions.—The intentional violation of 

subsection (a) by a covered employee (including any 

rules, regulations, or other implementing guidelines), as 

determined by the appropriate supervisor, shall be a basis 

for disciplinary action in accordance with subchapter I, II, 

or V of chapter 75 of title 5, as the case may be.

(c) Definitions.—In this section:

(1) Covered employee.—The term “covered employee” 

means—

(A) the immediate staff of the President;

(B) the immediate staff of the Vice President;

(C) a unit or individual of the Executive Office of the 

President whose function is to advise and assist the 

President; and

(D) a unit or individual of the Office of the Vice 

President whose function is to advise and assist the Vice 

President.

(2) Electronic messages.—The term “electronic messages” means electronic mail and other electronic messaging 

systems that are used for purposes of communicating between individuals.

(3) Electronic messaging account.—The term “electronic messaging account” means any account that sends 

electronic messages.

NATIONAL ARCHIVES TRUST FUND BOARD

(44 U.S.C. Chapter 23)

Sec.

2301. Establishment of Board; membership.

2302. Authority of the Board; seal; services; bylaws; rules; 

regulations; employees.

2303. Powers and obligations of Board; liability of members.

2304. Compensation of members; availability of trust 

funds for expenses of Board.

2305. Acceptance of gifts.

2306. Investment of funds.

2307. Trust Fund account; disbursements; sales of publications and releases.

2308. Tax exemption for gifts.

§ 2301. ESTABLISHMENT OF BOARD; 

MEMBERSHIP

The National Archives Trust Fund Board shall consist 

of the Archivist of the United States, as Chairman, and 

the Secretary of the Treasury and the Chairman of the 

National Endowment for the Humanities. Membership 

on the Board is not an office within the meaning of the 

statutes of the United States.

§ 2302. AUTHORITY OF THE BOARD; SEAL; 

SERVICES; BYLAWS; RULES; REGULATIONS; 

EMPLOYEES

In carrying out the purposes of this chapter, the Board—

(1) may adopt an official seal, which shall be judicially 

noticed;

(2) may utilize on a reimbursable basis the services and 

personnel of the National Archives and Records Administration necessary (as determined by the Archivist) to assist 
46 | BASIC LAWS and AUTHORITIES 

the Board in the administration of the trust fund, and 

in the preparation and publication of special works and 

collections of sources and preparation, duplication, editing, and release of historical photographic materials and 

sound recordings, and may utilize on a reimbursable basis 

the services and personnel of other Federal agencies for 

such purposes;

(3) may adopt bylaws, rules, and regulations necessary 

for the administration of its functions under this chapter; 

and

(4) may, subject to the laws and regulations governing appointments in the civil service, appoint and fix the 

compensation of such personnel as may be necessary to 

carry out its functions.

§ 2303. POWERS AND OBLIGATIONS OF THE 

BOARD; LIABILITY OF MEMBERS

Except as otherwise provided by this chapter, the Board 

shall have all the usual powers and obligations of a trustee 

with respect to property and funds administered by it, but 

the members of the Board are not personally liable, except 

for malfeasance.

§ 2304. COMPENSATION OF MEMBERS; 

AVAILABILITY OF TRUST FUNDS FOR 

EXPENSES OF THE BOARD

Compensation may not be paid to the members of the 

Board for their services as members. Costs incurred by 

the Board in carrying out its duties under this chapter, 

including the obligations necessarily incurred by the 

members of the Board in the performance of their duties 

and the compensation of persons employed by the Board, 

shall be paid by the Archivist of the United States from 

trust funds available to the Board for this purpose. The 

Board, by resolution, may authorize the transfer of funds 

(including the principal or interest of a gift or bequest) 

to the National Archives and Records Administration to 

be expended on an archival or records activity approved 

by the Board or to accomplish the purpose of a gift or 

bequest.

§ 2305. ACCEPTANCE OF GIFTS

The Board may solicit and accept gifts or bequests of 

money, securities, or other personal property, for the 

benefit of or in connection with the national archival and 

records activities administered by the National Archives 

and Records Administration. Moneys that are for deposit 

into the trust fund shall be deposited within 10 working 

days of the receipt thereof.

§ 2306. INVESTMENT OF FUNDS

The Secretary of the Treasury shall receipt for moneys or 

securities composing trust funds given or bequeathed to 

the Board and shall invest, reinvest, and retain the moneys 

or securities as the Board from time to time determines. 

The Board may not engage in business or exercise a voting 

privilege which may be incidental to securities in such 

trust funds, nor may the Secretary of the Treasury make 

investments for the account of the Board which could not 

lawfully be made by a trust company in the District of 

Columbia, unless directly authorized by the instrument of 

gift or bequest under which the funds to be invested are 

derived, and may retain investments accepted by the Board.

§ 2307. TRUST FUND ACCOUNT; 

DISBURSEMENTS; SALES OF PUBLICATIONS 

AND RELEASES

The income from trust funds held by the Board and the 

proceeds from the sale of securities and other personal 

property, as and when collected, shall be covered into the 

Treasury of the United States in a trust fund account to 

be known as the National Archives Trust Fund, subject 

to disbursement on the basis of certified vouchers of 

the Archivist of the United States (or his designee) for 

activities approved by the Board and in the interest of 

the national archival and records activities administered 

by the National Archives and Records Administration, 

including but not restricted to the preparation and 

publication of special works, and collections of sources 

and the preparation, duplication, editing, and release of 

historical photographic materials and sound recordings. 

The Archivist may sell publications and releases authorized 

by this section and paid for out of the income derived 

from trust funds at a price which will cover their cost, plus 

10 percent, and moneys received from these sales shall 

be paid into, administered, and expended as part of the 

National Archives Trust Fund.

§ 2308. TAX EXEMPTION FOR GIFTS

Gifts and bequests received by the Board under this 

chapter, and the income from them are exempt from 

taxes.
BASIC LAWS and AUTHORITIES | 47

NATIONAL HISTORICAL PUBLICATIONS 

and RECORDS COMMISSION

(44 U.S.C. Chapter 25)

Sec.

2501. Creation; composition; appointment and tenure; 

meetings.

2502. Vacancies.

2503. Executive director; staff; transportation expenses.

2504. Duties; authorization of grants for collection, 

reproduction, and publication of documentary 

source material.

2505. Special advisory committees; membership; reimbursement.

2506. Records to be kept by grantees. 

§ 2501. CREATION; COMPOSITION; 

APPOINTMENT AND TENURE; MEETINGS

(a) The National Historical Publications and Records 

Commission shall consist of 15 members as follows:

(1) the following ex officio members:

(A) the Archivist of the United States, who shall be 

chairman;

(B) the Librarian of Congress (or an alternate designated 

by the Librarian);

(C) one Senator, appointed by the President of the 

Senate;

(D) one Representative, appointed by the Speaker of 

the House of Representatives;

(E) one member of the judicial branch of the 

Government, appointed by the Chief Justice of the 

United States;

(F) one representative of the Department of State to be 

appointed by the Secretary of State; and

(G) one representative of the Department of Defense to 

be appointed by the Secretary of Defense;

(2) one member from each of the following 

organizations, appointed by the governing council or 

board of the respective organization:

(A) the American Historical Association;

(B) the Organization of American Historians;

(C) the Society of American Archivists;

(D) the American Association for State and Local History;

(E) the Association for Documentary Editing; and

(F) the National Association for Government Archives 

and Records Administrators; and

(3) two other members, outstanding in the fields of the 

social or physical sciences, the arts, or archival or library 

science, appointed by the President of the United States.

(b)(1) The members appointed under subsection (a) 

shall be appointed for not more than 2 terms of 4 years, 

except that—

(A) a member appointed under subsection (a)(1)(D) 

shall be appointed for not more than 4 terms of 2 years; and

(B) the Archivist and the Librarian of Congress are 

permanent ex officio members.

(2) A member may continue to serve after the expiration 

of a term until a successor has been appointed, but not to 

exceed one year.

(c) The Commission shall meet at least annually and at 

call of the Chairman.

(d) Recusal.—Members of the Commission shall recuse 

themselves from voting on any matter that poses, or could 

potentially pose, a conflict of interest, including a matter 

that could benefit them or an entity they represent.

§ 2502. VACANCIES

A person appointed to fill a vacancy in the membership 

of the Commission shall be appointed only for the 

unexpired term of the member whom he succeeds, and 

his appointment shall be made in the same manner as the 

appointment of his predecessor.

§ 2503. EXECUTIVE DIRECTOR, STAFF, 

TRANSPORTATION EXPENSES

(a) The Commission may appoint, without reference to 

chapter 51 of title 5, an executive director. The Chairman 

may appoint such other employees as may be necessary to 

carry out the purposes of this chapter.

(b) Members of the Commission shall be allowed travel 

expenses (including per diem allowance in lieu of subsistence) in the same amount and to the same extent as 
48 | BASIC LAWS and AUTHORITIES 

persons serving intermittently in the Government service 

are allowed travel expenses under section 5703 of title 5, 

United States Code.

§ 2504. DUTIES; AUTHORIZATION 

OF GRANTS FOR HISTORICAL 

PUBLICATIONS AND RECORDS PROGRAMS; 

AUTHORIZATION FOR APPROPRIATIONS

(a) The Commission shall make plans, estimates, and 

recommendations for historical works and collections of 

sources it considers appropriate for preserving, publishing 

or otherwise recording at the public expense. The Chairman of the Commission shall transmit to the President 

and the Congress from time to time, and at least biennially, the plans, estimates, and recommendations developed 

and approved by the Commission.

(b) The Commission shall cooperate with, assist and 

encourage appropriate Federal, State, and local agencies 

and nongovernmental institutions, societies, and individuals in collecting and preserving and, when it considers it 

desirable, in editing and publishing papers of outstanding 

citizens of the United States, and other documents as may 

be important for an understanding and appreciation of 

the history of the United States.

(c) The Commission may conduct institutes, training 

and educational programs, and recommend candidates for 

fellowships related to the activities of the Commission and 

may disseminate information about documentary sources 

through guides, directories, and other technical publications.

(d) The Commission may recommend the expenditure 

of appropriated or donated funds for the collecting, describing, preserving, compiling and publishing (including 

microfilming and other forms of reproduction) of documentary sources significant to the history of the United 

States and for the activities described in subsection (c).

(e) The Archivist of the United States may, within the 

limits of available appropriated and donated funds, make 

grants to State and local agencies and to nonprofit organizations, institutions, and individuals, for those activities 

in subsection (d) after considering the advice and recommendations of the Commission.

(f) Grants for Presidential Centers of Historical Excellence.—

(1) In general.—The Archivist, with the recommendation of the Commission, may make grants, on a competitive basis and in accordance with this subsection, to eligible entities to promote the historical preservation of, and 

public access to, historical records and documents relating 

to any former President who does not have a Presidential 

archival depository currently managed and maintained by 

the Federal Government pursuant to section 2112 (commonly known as the “Presidential Libraries Act of 1955”).

(2) Eligible entity.—For purposes of this subsection, an 

eligible entity is—

(A) an organization described under section 501(c)

(3) of the Internal Revenue Code of 1986 and exempt 

from taxation under section 501(a) of that Code; or

(B) a State or local government of the United States.

(3) Use of funds.—Amounts received by an eligible 

entity under paragraph (1) shall be used to promote the 

historical preservation of, and public access to, historical 

records or historical documents relating to any former 

President covered under paragraph (1).

(4) Prohibition on use of funds.—Amounts received by 

an eligible entity under paragraph (1) may not be used for 

the maintenance, operating costs, or construction of any 

facility to house the historical records or historical documents relating to any former President covered under 

paragraph (1).

(5) Application.—

(A) In general.—An eligible entity seeking a grant under this subsection shall submit to the Commission an 

application at such time, in such manner, and containing 

or accompanied by such information as the Commission 

may require, including a description of the activities for 

which a grant under this subsection is sought.

(B) Approval of application.—The Commission shall 

not consider or recommend a grant application submitted under subparagraph (A) unless an eligible entity 

establishes that such entity—

(i) possesses, with respect to any former President 

covered under paragraph (1), historical works and 

collections of historical sources that the Commission 

considers appropriate for preserving, publishing, or 

otherwise recording at the public expense;

(ii) has appropriate facilities and space for preservation of, and public access to, the historical works and 

collections of historical sources;

(iii) shall ensure preservation of, and public access 

to, such historical works and collections of historical 

sources at no charge to the public;

(iv) has educational programs that make the use of such documents part of the mission of such entity;
BASIC LAWS and AUTHORITIES | 49

(v) has raised funds from non-Federal sources in 

support of the efforts of the entity to promote the 

historical preservation of, and public access to, such 

historical works and collections of historical sources 

in an amount equal to the amount of the grant the 

entity seeks under this subsection;

(vi) shall coordinate with any relevant Federal program or activity, including programs and activities 

relating to Presidential archival depositories;

(vii) shall coordinate with any relevant non-Federal 

program or activity, including programs and activities conducted by State and local governments and 

private educational historical entities; and

(viii) has a workable plan for preserving and providing public access to such historical works and collections of historical sources.

(g)(1) For the purposes specified in this section, there 

is hereby authorized to be appropriated to the National 

Historical Publications and Records Commission—

(A) $6,000,000 for fiscal year 1989;

(B) $8,000,000 for fiscal year 1990;

(C) $10,000,000 for each of the fiscal years 1991, 

1992, and 1993;

(D) $6,000,000 for fiscal year 1994;

(E) $7,000,000 for fiscal year 1995;

(F) $8,000,000 for fiscal year 1996;

(G) $10,000,000 for fiscal year 1997;

(H) $10,000,000 for fiscal year 1998;

(I) $10,000,000 for fiscal year 1999;

(J) $10,000,000 for fiscal year 2000;

(K) $10,000,000 for fiscal year 2001;

(L) $10,000,000 for fiscal year 2002;

(M) $10,000,000 for fiscal year 2003;

(N) $10,000,000 for fiscal year 2004;

(O) $10,000,000 for fiscal year 2005;

(P) $10,000,000 for fiscal year 2006;

(Q) $10,000,000 for fiscal year 2007;

(R) $10,000,000 for fiscal year 2008; and

(S) $10,000,000 for fiscal year 2009.

(2) Amounts appropriated under this subsection shall 

be available until expended when so provided in appropriation Acts.

§ 2505. SPECIAL ADVISORY COMMITTEES; 

MEMBERSHIP; REIMBURSEMENT

The Commission may establish special advisory 

committees to consult with and make recommendations 

to it, from among the leading historians, political 

scientists, archivists, librarians, and other specialists of the 

Nation. Members of special advisory committees shall be 

reimbursed for transportation and other expenses on the 

same basis as members of the Commission.

§ 2506. RECORDS TO BE KEPT BY GRANTEES

(a) Each recipient of grant assistance under section 

2504 of this title shall keep such records as the Archivist 

of the United States prescribes, including records which 

fully disclose the amount and disposition by the recipient 

of the proceeds of the grants, the total cost of the project 

or undertaking in connection with which funds are given 

or used, and the amount of that portion of the cost of the 

project or undertaking supplied by other sources, and any 

other records as will facilitate an effective audit.

(b) The Archivist and the Comptroller General of the 

United States or their authorized representatives shall 

have access for the purposes of audit and examination to 

books, documents, papers, and records of the recipients 

that are pertinent to the grants received under section 

2504 of this title.

ADVISORY COMMITTEE ON THE RECORDS OF CONGRESS

(44 U.S.C. Chapter 27)

Sec.

2701. Advisory Committee on the Records of Congress.

2702. Membership; chairman; meetings.

2703. Functions of the Committee.

2704. Powers of the Committee.

2705. Compensation and travel expenses.

2706. Administrative provisions. 
50 | BASIC LAWS and AUTHORITIES 

§ 2701. ADVISORY COMMITTEE ON THE 

RECORDS OF CONGRESS

(a) There is established the Advisory Committee on the 

Records of Congress (hereafter in this chapter referred to 

as the Committee).

(b) The Committee shall be subject to the provisions 

of the Federal Advisory Committee Act (5 U.S.C. App.), 

except that the Committee shall be of permanent duration, notwithstanding any provision of section 14 of the 

Federal Advisory Committee Act.

§ 2702. MEMBERSHIP; CHAIRMAN; MEETINGS

(a)(1) The Committee shall consist of the eleven members including—

(A) (i) the Secretary of the Senate;

(ii) the Clerk of the House of Representatives;

(iii) the Archivist of the United States;

(iv) the Historian of the Senate; and

(v) the Historian of the House of Representatives; and

(B) six members of whom one shall be appointed by 

each of the following:

(i) the Speaker of the House of Representatives;

(ii) the Minority Leader of the House of Representatives;

(iii) the Majority Leader of the Senate;

(iv) the Minority Leader of the Senate;

(v) the Secretary of the Senate; and

(vi) the Clerk of the House of Representatives.

(2) Each member appointed under paragraph (1)(B) 

shall have knowledge or expertise in United States history, 

archival management, publishing, library science, or use 

of legislative records.

(b) The Secretary of the Senate shall serve as Chairman during the two-year period beginning on January 1, 

1991, and the Clerk of the House of Representatives shall 

serve as Chairman during the two-year period beginning 

on January 1, 1993. Thereafter, such members shall alternate serving as Chairman for a term of two years.

(c)(1) Members of the Committee referred to in subsection (a)(1)(A) shall serve only while holding such offices. 

Members appointed to the Committee under subsection 

(a)(1)(B) shall serve for a term of two years, and may be 

reappointed without limitation. The initial appointments 

for such terms shall begin on January 1, 1991.

(2) Any vacancy on the Committee shall not affect the 

powers of the Committee. Any vacancy in an appointed position on the Committee shall be filled in the same 

manner in which the original appointment was made.

(d)(1) No later than thirty days after the date on which 

the first session of the 102d Congress begins, the Committee shall hold its first meeting. Thereafter, the Committee shall meet semiannually or at the call of a majority 

of its members.

(2) Seven members of the Committee shall constitute a 

quorum, but a lesser number may hold hearings.

§ 2703. FUNCTIONS OF THE COMMITTEE

The Committee shall—

(1) review the management and preservation of the records of Congress;

(2) report to and advise the Congress and the Archivist 

of the United States on such management and preservation; and

(3)(A) no later than December 31, 1991, conduct a 

study and submit a report to the Congress on—

(i) the effect any transfer of records of the National 

Archives and Records Administration from facilities 

located in Washington, D.C., to any location outside 

of Washington, D.C., shall have on the management 

and preservation of the records of Congress; and

(ii) the five year plan for the management and preservation of the records of Congress; and

(B) no later than December 31, 1995, conduct a study 

to update the report submitted under subparagraph (A)

(ii), and submit a report to the Congress.

§ 2704. POWERS OF THE COMMITTEE

(a) For purposes of carrying out the duties referred to 

under section 2703, the Committee or, on the authorization of the Committee, any subcommittee or member 

thereof, may hold such hearings, sit and act at such times 

and places, take such testimony, and receive such evidence 

as is appropriate.

(b) The Committee may secure directly from any 

department or agency of the United States such information as the Committee may require to carry out the 

duties referred to under section 2703. Upon request of 

the Chairman of the Committee, the head of such department or agency shall furnish such information to the 

Committee.

§ 2705. COMPENSATION AND TRAVEL 

EXPENSES
BASIC LAWS and AUTHORITIES | 51

A member of the Committee may not be paid 

compensation for service performed as a member of the 

Committee. However, members of the Committee shall 

be allowed travel expenses, including per diem in lieu of 

subsistence, at rates authorized for employees of agencies 

under subchapter I of chapter 57 of title 5, United States 

Code, while away from their homes or regular places of 

business in the performance of service for the Committee.

§ 2706. ADMINISTRATIVE PROVISIONS

(a) Upon request of the Committee, the head of any 

Federal agency is authorized to detail to the Committee, 

on a nonreimbursable basis, any of the personnel of such 

agency to assist the Committee in carrying out the duties referred to under section 2703 and such detail shall 

be without interruption or loss of civil service status or 

privilege.

(b) For purposes of supporting the Committee, the Archivist may obtain the services of experts and consultants 

in accordance with the provisions of section 3109 of title 

5, United States Code, but at rates for individuals not to 

exceed the daily equivalent of the minimum annual rate 

of basic pay payable for GS-16 of the General Schedule 

under section 5332 of such title.

RECORDS MANAGEMENT BY THE 

ARCHIVIST OF THE UNITED STATES

(44 U.S.C. Chapter 29)

Sec.

2901. Definitions.

2901 note. Records Center Revolving Fund.

2902. Objectives of records management.

2903. Custody and control of property.

2904. General responsibilities of Administrator.

2905. Establishment of Standards for selective retention 

of records; security measures.

2906. Inspection of agency records.

2907. Records centers and centralized microfilming services.

2908. Regulations.

2909. Retention of records. 

2910. Preservation of Freedmen’s Bureau records.

2911. Disclosure requirement for official business conducted using non-official electronic messaging accounts. 

§ 2901. DEFINITIONS

As used in this chapter, and chapters 21, 25, 31, and 33 

of this title—

(1) the term “records” has the meaning given it by section 3301 of this title;

(2) the term “records management” means the planning, controlling, directing, organizing, training, promoting, and other managerial activities involved with 

respect to records creation, records maintenance and use, 

and records disposition in order to achieve adequate and 

proper documentation of the policies and transactions of 

the Federal Government and effective and economical 

management of agency operations;

(3) the term “records creation” means the production or 

reproduction of any record;

(4) the term “records maintenance and use” means any 

activity involving—

(A) location of records of a Federal agency;

(B) storage, retrieval, and handling of records kept at 

office file locations by or for a Federal agency;

(C) processing of mail by a Federal agency; or

(D) selection and utilization of equipment and supplies 

associated with records and copying;

(5) the term “records disposition” means any activity 

with respect to—

(A) disposal of temporary records no longer necessary 

for the conduct of business by destruction or donation;

(B) transfer of records to Federal agency storage facilities or records centers;

(C) transfer to the National Archives of the United 

States of records determined to have sufficient historical or other value to warrant continued preservation; or
52 | BASIC LAWS and AUTHORITIES 

(D) transfer of records from one Federal agency to any 

other Federal agency;

(6) the term “records center” means an establishment 

maintained and operated by the Archivist or by another 

Federal agency primarily for the storage, servicing, security, and processing of records which need to be preserved 

for varying periods of time and need not be retained in 

office equipment or space;

(7) the term “records management study” means an 

investigation and analysis of any Federal agency records, 

or records management practices or programs (whether 

manual or automated), with a view toward rendering 

findings and recommendations with respect thereto;

(8) the term “inspection” means reviewing any Federal 

agency’s records or records management practices or programs with respect to effectiveness and compliance with 

records management laws and making necessary recommendations for correction or improvement of records 

management;

(9) the term “servicing” means making available for use 

information in records and other materials in the custody 

of the Archivist, or in a records center—

(A) by furnishing the records or other materials, or 

information from them, or copies or reproductions 

thereof, to any Federal agency for official use, or to the 

public; or

(B) by making and furnishing authenticated or unauthenticated copies or reproductions of the records or 

other materials;

(10) the term “unauthenticated copies” means exact 

copies or reproductions of records or other materials that 

are not certified as such under seal and that need not be 

legally accepted as evidence;

(11) the term “National Archives of the United States” 

means those official records which have been determined by 

the Archivist of the United States to have sufficient historical or other value to warrant their continued preservation 

by the Federal Government, and which have been accepted 

by the Archivist for deposit in the Archivist’s custody;

(12) the term “Archivist” means the Archivist of the 

United States;

(13) the term “executive agency” shall have the meaning given such term by section 102 of title 40;

(14) the term “Federal agency” means any executive 

agency or any establishment in the legislative or judicial 

branch of the Government (except the Supreme Court, 

the Senate, the House of Representatives, and the Architect of the Capitol and any activities under the direction 

of the Architect of the Capitol); and

(15) the term “Administrator” means the Administrator 

of General Services.

44 U.S.C. § 2901 NOTE. RECORDS CENTER 

REVOLVING FUND

(a) Establishment of fund.—There is hereby established in 

the Treasury a revolving fund to be available for expenses 

(including expenses for uniforms or allowances for uniforms 

as authorized by subchapter I of chapter 59 of title 5 [5 

U.S.C.A. § 5901 et seq.]) and equipment necessary to provide 

for storage and related services for all temporary and prearchival Federal records, which are to be stored or stored at 

Federal National and Regional Records Centers by agencies 

and other instrumentalities of the Federal Government. The 

Fund shall be available without fiscal year limitation for 

expenses necessary for operation of these activities.

(b) Start-up capital.—

(1) There is appropriated $22,000,000 as initial capitalization of the Fund.

(2) In addition, the initial capital of the Fund shall include 

the fair and reasonable value at the Fund’s inception of 

the inventories, equipment, receivables, and other assets, 

less the liabilities, transferred to the Fund. The Archivist 

of the United States is authorized to accept inventories, 

equipment, receivables and other assets from other Federal 

entities that were used to provide for storage and related 

services for temporary and pre-archival Federal records.

(c) User charges.—The Fund shall be credited with user 

charges received from other Federal Government accounts 

as payment for providing personnel, storage, materials, 

supplies, equipment, and services as authorized by 

subsection (a). Such payments may be made in advance or 

by way of reimbursement. The rates charged will return 

in full the expenses of operation, including reserves for 

accrued annual leave, worker’s compensation, depreciation 

of capitalized equipment and shelving, and amortization of 

information technology software and systems.

(d) Funds returned to miscellaneous receipts of the 

Department of the Treasury.—

(1) In addition to funds appropriated to and assets 

transferred to the Fund in subsection (b), an amount 
BASIC LAWS and AUTHORITIES | 53

not to exceed 4 percent of the total annual income may 

be retained in the Fund as an operating reserve or for 

the replacement or acquisition of capital equipment, 

including shelving, and the improvement and implementation of the financial management, information 

technology, and other support systems of the National 

Archives and Records Administration.

(2) Funds in excess of the 4 percent at the close of each 

fiscal year shall be returned to the Treasury of the United States as miscellaneous receipts.

(e) Reporting requirement.—The National Archives and 

Records Administration shall provide quarterly reports to 

the Committees on Appropriations and Governmental 

Affairs of the Senate, and the Committees on Appropriations 

and Government Reform of the House of Representatives 

on the operation of the Records Center Revolving Fund.

Federal Records Management Provisions Without Effect 

on Authorities and Responsibilities of Administrator 

of General Services, Joint Committee, or Government 

Publishing Office

Section 5 of Pub.L. 94-575, as amended Pub.L. 113-235, 

Div. H, Title I, § 1301(b), Dec. 16, 2014, 128 Stat. 

2537, provided that:

“(a) The provisions of this Act [see Short Title of 1976 

Amendment note set out under section 101 of this title] 

relating to the authority of the Administrator of General 

Services do not limit or repeal additional authorities 

provided by statute or otherwise recognized by law.

“(b) The provisions of this Act [see Short Title of 1976 

Amendment note set out under section 101 of this title] 

do not limit or repeal the authority or responsibilities 

of the Joint Committee on Printing or the Government 

Publishing Office under chapters 1 through 19 of title 

44, United States Code [chapters 1 through 19 of this 

title].”

§ 2902. OBJECTIVES OF RECORDS 

MANAGEMENT

It is the purpose of this chapter, and chapters 21, 31, and 

33 of this title, to require the establishment of standards 

and procedures to assure efficient and effective records 

management. Such records management standards and 

procedures shall seek to implement the following goals:

(1) Accurate and complete documentation of the policies and transactions of the Federal Government.

(2) Control of the quantity and quality of records produced by the Federal Government.

(3) Establishment and maintenance of mechanisms of 

control with respect to records creation in order to prevent the creation of unnecessary records and with respect 

to the effective and economical operations of an agency.

(4) Simplification of the activities, systems, and processes of records creation, maintenance, transfer, and use.

(5) Judicious preservation and disposal of records.

(6) Direction of continuing attention on records 

from their initial creation to their final disposition, 

with particular emphasis on the prevention of unnecessary Federal paperwork and the transfer of records 

from Federal agencies to the National Archives of the 

United States in digital or electronic form to the greatest extent possible.

(7) Establishment and maintenance of such other systems or techniques as the Archivist considers necessary to 

carry out the purposes of this chapter, and chapters 21, 

31, and 33 of this title.

§ 2903. CUSTODY AND CONTROL OF 

PROPERTY

(a) The Archivist shall have immediate custody and 

control of the National Archives Building and its contents, and may design, construct, purchase, lease, maintain, operate, protect, and improve buildings used by him 

for the storage of records of Federal agencies in the District of Columbia and elsewhere.

(b) When the Archivist considers it to be in the public 

interest, the Archivist may charge and collect reasonable 

fees from the public for the occasional, non-official use of 

rooms and spaces, and services related to such use, in the 

buildings subject to this section. Fees collected under this 

subsection shall be paid into an account in the National 

Archives Trust Fund and shall be held, administered, and 

expended for the benefit and in the interest of the national archival and records activities administered by the 

National Archives and Records Administration, including 

educational and public program purposes.

§ 2904. GENERAL RESPONSIBILITIES FOR 

RECORDS MANAGEMENT

(a) The Archivist shall provide guidance and assistance 

to Federal agencies with respect to ensuring adequate and 
54 | BASIC LAWS and AUTHORITIES 

proper documentation of the policies and transactions of 

the Federal Government and ensuring proper records disposition.

(b) The Archivist shall provide guidance and assistance 

to Federal agencies to ensure economical and effective records management by such agencies.

(c) In carrying out the responsibilities under subsections 

(a) and (b), the Archivist shall have the responsibility—

(1) to promulgate standards, procedures, and guidelines 

with respect to records management and the conduct of 

records management studies;

(2) to conduct research with respect to the improvement of records management practices and programs;

(3) to collect and disseminate information on training 

programs, technological developments, and other activities relating to records management;

(4) to establish such interagency committees and 

boards as may be necessary to provide an exchange of 

information among Federal agencies with respect to records management;

(5) to direct the continuing attention of Federal agencies and the Congress on the need for adequate policies 

governing records management;

(6) to conduct records management studies and, in the 

Archivist’s discretion, designate the heads of executive 

agencies to conduct records management studies with 

respect to establishing systems and techniques designed 

to save time and effort in records management;

(7) to conduct inspections or surveys of the records and 

the records management programs and practices within 

and between Federal agencies;

(8) to report to the appropriate oversight and appropriations committees of the Congress and to the Director 

of the Office of Management and Budget in January of 

each year and at such other times as the Archivist deems 

desirable—

(A) on the results of activities conducted pursuant to 

paragraphs (1) through (7) of this section,

(B) on evaluations of responses by Federal agencies to 

any recommendations resulting from inspections or 

studies conducted under paragraphs (6) and (7) of this 

section, and

(C) to the extent practicable, estimates of costs to the 

Federal Government resulting from the failure of agencies to implement such recommendations.

(d) The Archivist shall promulgate regulations requiring all Federal agencies to transfer all digital or 

electronic records to the National Archives of the United States in digital or electronic form to the greatest 

extent possible.

§ 2905. ESTABLISHMENT OF STANDARDS 

FOR SELECTIVE RETENTION OF RECORDS; 

SECURITY MEASURES

(a) The Archivist shall establish standards for the selective retention of records of continuing value, and 

assist Federal agencies in applying the standards to records in their custody. The Archivist shall notify the 

head of a Federal agency of any actual, impending, or 

threatened unlawful removal, defacing, alteration, or 

destruction of records in the custody of the agency that 

shall come to the Archivist’s attention, and assist the 

head of the agency in initiating action through the Attorney General for the recovery of records unlawfully 

removed and for other redress provided by law. In any 

case in which the head of the agency does not initiate an action for such recovery or other redress within a reasonable period of time after being notified of 

any such unlawful action, the Archivist shall request 

the Attorney General to initiate such an action, and 

shall notify the Congress when such a request has been 

made.

(b) The Archivist shall assist the Administrator for the 

Office of Information and Regulatory Affairs in conducting studies and developing standards relating to record retention requirements imposed on the public and on State 

and local governments by Federal agencies.

§ 2906. INSPECTION OF AGENCY RECORDS

(a)(1) In carrying out the duties and responsibilities 

under this chapter, the Archivist (or the the 1 Archivist›s 

designee) may inspect the records or the records 

management practices and programs of any Federal 

agency for the purpose of rendering recommendations 

for the improvement of records management practices 

and programs and for determining whether the records 

of Federal agencies have sufficient value to warrant continued preservation or lack sufficient value to justify 

continued preservation. Officers and employees of such 

agencies shall cooperate fully in such inspections, subject to the provisions of paragraphs (2) and (3) of this 

subsection.
BASIC LAWS and AUTHORITIES | 55

(2) Records, the use of which is restricted by law or for 

reasons of national security or the public interest, shall be 

inspected, in accordance with regulations promulgated by 

the Archivist, subject to the approval of the head of the 

agency concerned or of the President.

(3) If the Archivist (or the Archivist’s designee) inspects a record, as provided in this subsection, which is 

contained in a system of records which is subject to section 552a of title 5, such record shall be—

(A) maintained by the Archivist or such designee as a 

record contained in a system of records; or

(B) deemed to be a record contained in a system of 

records for purposes of subsections (b), (c), and (i) of 

section 552a of title 5.

(b) In conducting the inspection of agency records provided for in subsection (a) of this section, the Archivist 

(or the Archivist’s designee) shall, in addition to complying with the provisions of law cited in subsection (a)(3), 

comply with all other Federal laws and be subject to the 

sanctions provided therein.

§ 2907. RECORDS CENTERS AND 

CENTRALIZED MICROFILMING SERVICES

The Archivist may establish, maintain, and operate records 

centers and centralized microfilming or digitization 

services for Federal agencies.

§ 2908. REGULATIONS

Subject to applicable law, the Archivist shall promulgate 

regulations governing the transfer of records from the 

custody of one executive agency to that of another.

§ 2909. RETENTION OF RECORDS

The Archivist may empower a Federal agency, to retain 

records for a longer period than that specified in disposal 

schedules; and may withdraw disposal authorizations 

covering records listed in disposal schedules. The Archivist 

shall promulgate regulations in accordance with section 

2104(a) of this title to implement this section.

§ 2910. PRESERVATION OF FREEDMEN’S 

BUREAU RECORDS

The Archivist shall preserve the records of the Bureau 

of Refugees, Freedmen, and Abandoned Lands, 

commonly referred to as the “Freedmen’s Bureau”, by 

using—

(1) microfilm technology for preservation of the documents comprising these records so that they can be 

maintained for future generations; and

(2) the results of the pilot project with the University 

of Florida to create future partnerships with Howard 

University and other institutions for the purposes of 

indexing these records and making them more easily 

accessible to the public, including historians, genealogists, and students, and for any other purposes determined by the Archivist.

§ 2911. DISCLOSURE REQUIREMENT FOR 

OFFICIAL BUSINESS CONDUCTED USING 

NON-OFFICIAL ELECTRONIC MESSAGING 

ACCOUNTS

(a) In general.—An officer or employee of an executive 

agency may not create or send a record using a non-official electronic messaging account unless such officer or 

employee—

(1) copies an official electronic messaging account 

of the officer or employee in the original creation or 

transmission of the record; or

(2) forwards a complete copy of the record to an official 

electronic messaging account of the officer or employee 

not later than 20 days after the original creation or 

transmission of the record.

(b) Adverse actions.—The intentional violation of subsection (a) (including any rules, regulations, or other implementing guidelines), as determined by the appropriate 

supervisor, shall be a basis for disciplinary action in accordance with subchapter I, II, or V of chapter 75 of title 5, 

as the case may be.

(c) Definitions.—In this section:

(1) Electronic messages.—The term “electronic messages” means electronic mail and other electronic messaging 

systems that are used for purposes of communicating between individuals.

(2) Electronic messaging account.—The term “electronic messaging account” means any account that sends 

electronic messages.

(3) Executive agency.—The term ‘executive agency’ 

has the meaning given that term in section 105 of 

title 5.
56 | BASIC LAWS and AUTHORITIES 

RECORDS MANAGEMENT BY FEDERAL AGENCIES

(44 U.S.C. Chapter 31)

Sec.

3101. Records management by agency heads; general duties.

3102. Establishment of program of management.

3103. Transfer of records to records centers.

3104. Certifications and determinations on transferred 

records.

3105. Safeguards.

3106. Unlawful removal, destruction of records.

3107. Authority of Comptroller General.

§ 3101. RECORDS MANAGEMENT BY AGENCY 

HEADS; GENERAL DUTIES

The head of each Federal agency shall make and preserve 

records containing adequate and proper documentation 

of the organization, functions, policies, decisions, 

procedures, and essential transactions of the agency and 

designed to furnish the information necessary to protect 

the legal and financial rights of the Government and of 

persons directly affected by the agency’s activities.

§ 3102. ESTABLISHMENT OF PROGRAM OF 

MANAGEMENT

The head of each Federal agency shall establish and 

maintain an active, continuing program for the economical 

and efficient management of the records of the agency. 

The program, among other things, shall provide for

(1) effective controls over the creation and over the maintenance and use of records in the conduct of current business;

(2) cooperation with the Archivist in applying standards, procedures, and techniques designed to improve 

the management of records, promote the maintenance 

and security of records deemed appropriate for preservation, and facilitate the segregation and disposal of records 

of temporary value; and

(3) compliance with sections 2101–2117, 2501–2507, 

2901–2909, and 3101–3107, of this title and the regulations issued under them.

§ 3103. TRANSFER OF RECORDS TO RECORDS 

CENTERS

When the head of a Federal agency determines that such 

action may affect substantial economies or increased 

operating efficiency, the head of such agency shall provide 

for the transfer of records to a records center maintained 

and operated by the Archivist, or, when approved by the 

Archivist, to a center maintained and operated by the 

head of the Federal agency.

§ 3104. CERTIFICATIONS AND 

DETERMINATIONS ON TRANSFERRED 

RECORDS

An official of the Government who is authorized to 

certify to facts on the basis of records in such official’s 

custody, may certify to facts on the basis of records that 

have been transferred by such official or such official’s 

predecessors to the Archivist, and may authorize the 

Archivist to certify to facts and to make administrative 

determinations on the basis of records transferred to the 

Archivist, notwithstanding any other law.

§ 3105. SAFEGUARDS

The head of each Federal agency shall establish safeguards 

against the removal or loss of records the head of such agency 

determines to be necessary and required by regulations of 

the Archivist. Safeguards shall include making it known to 

officials and employees of the agency—

(1) that records in the custody of the agency are not to 

be alienated or destroyed except in accordance with sections 3301–3314 of this title, and

(2) the penalties provided by law for the unlawful removal or destruction of records.

§ 3106. UNLAWFUL REMOVAL, DESTRUCTION 

OF RECORDS

(a) Federal Agency Notification.—The head of each 

Federal agency shall notify the Archivist of any actual, 

impending, or threatened unlawful removal, defacing, 

alteration, corruption, deletion, erasure, or other destruction of records in the custody of the agency, and with the 

assistance of the Archivist shall initiate action through the 

Attorney General for the recovery of records the head of 

the Federal agency knows or has reason to believe have 
BASIC LAWS and AUTHORITIES | 57

been unlawfully removed from that agency, or from another Federal agency whose records have been transferred 

to the legal custody of that Federal agency.

(b) Archivist Notification.—In any case in which the 

head of a Federal agency does not initiate an action for 

such recovery or other redress within a reasonable period 

of time after being notified of any such unlawful action 

described in subsection (a), or is participating in, or believed to be participating in any such unlawful action, the 

Archivist shall request the Attorney General to initiate 

such an action, and shall notify the Congress when such a 

request has been made.

§ 3107. AUTHORITY OF COMPTROLLER 

GENERAL

Chapters 21, 25, 27,1 29, and 31 of this title do not limit the 

authority of the Comptroller General of the United States 

with respect to prescribing accounting systems, forms, 

and procedures, or lessen the responsibility of collecting 

and disbursing officers for rendition of their accounts for 

settlement by the Government Accountability Office.

REFERENCES IN TEXT

1 Chapter 27 of this title, referred to in text, was repealed 

by Pub. L. 95–378, §2(a), Sept. 22, 1978, 92 Stat. 723 .

DISPOSAL OF RECORDS

(44 U.S.C. Chapter 33)

Sec.

3301. Definition of records.

3302. Regulations covering lists of records for disposal, 

procedure for disposal, and standards for reproduction.

3303. Lists and schedules of records to be submitted to 

Archivist by head of each Government agency.

3303a.Examination by Archivist of lists and schedules 

of records lacking preservation value; disposal of 

records.

3308. Disposal of similar records where prior disposal was 

authorized.

3309. Preservation of claims of Government until settled 

in General Accounting Office; disposal authorized 

upon written approval of Comptroller General.

3310. Disposal of records constituting menace to health, 

life, or property.

3311. Destruction of records outside continental United 

States in time of war or when hostile action seems 

imminent; written report to Archivist.

3312. Photographs or microphotographs of records considered as originals; certified reproductions admissible in evidence.

3313. Moneys from sale of records payable into the 

Treasury.

3314. Procedures for disposal of records exclusive.

§ 3301. DEFINITION OF RECORDS

(a) Records Defined.—

(1) In general.—As used in this chapter, the term 

“records”—

(A) includes all recorded information, regardless of 

form or characteristics, made or received by a Federal agency under Federal law or in connection with the 

transaction of public business and preserved or appropriate for preservation by that agency or its legitimate 

successor as evidence of the organization, functions, 

policies, decisions, procedures, operations, or other activities of the United States Government or because of 

the informational value of data in them; and

(B) does not include—

(i) library and museum material made or acquired 

and preserved solely for reference or exhibition purposes; or

(ii) duplicate copies of records preserved only for 

convenience.

(2) Recorded information defined.—For purposes of 

paragraph (1), the term “recorded information” includes all 

traditional forms of records, regardless of physical form or 

characteristics, including information created, manipulated, communicated, or stored in digital or electronic form.

(b) Determination of Definition.—The Archivist’s determination whether recorded information, regardless of 

whether it exists in physical, digital, or electronic form, is 
58 | BASIC LAWS and AUTHORITIES 

a record as defined in subsection (a) shall be binding on 

all Federal agencies.

§ 3302. REGULATIONS COVERING LISTS 

OF RECORDS FOR DISPOSAL, PROCEDURE 

FOR DISPOSAL, AND STANDARDS FOR 

REPRODUCTION

The Archivist shall promulgate regulations, not 

inconsistent with this chapter, establishing—

(1) procedures for the compiling and submitting to the 

Archivist of lists and schedules of records proposed for 

disposal,

(2) procedures for the disposal of records authorized for 

disposal, and

(3) standards for the reproduction of records by photographic, microphotographic, or digital processes with a 

view to the disposal of the original records.

§ 3303. LISTS AND SCHEDULES OF RECORDS 

TO BE SUBMITTED TO THE ARCHIVIST BY 

HEAD OF EACH GOVERNMENT AGENCY

The head of each agency of the United States 

Government shall submit to the Archivist, under 

regulations promulgated as provided by section 3302 of 

this title—

(1) lists of any records in the custody of the agency that 

have been photographed, microphotographed, or digitized under the regulations and that, as a consequence, do 

not appear to have sufficient value to warrant their further 

preservation by the Government;

(2) lists of other records in the custody of the agency 

not needed by it in the transaction of its current business 

and that do not appear to have sufficient administrative, 

legal, research, or other value to warrant their further 

preservation by the Government; and

(3) schedules proposing the disposal after the lapse of 

specified periods of time of records of a specified form or 

character that either have accumulated in the custody of 

the agency or may accumulate after the submission of the 

schedules and apparently will not after the lapse of the 

period specified have sufficient administrative, legal, research, or other value to warrant their further preservation 

by the Government.

§ 3303A. EXAMINATION BY ARCHIVIST 

OF LISTS AND SCHEDULES OF RECORDS 

LACKING PRESERVATION VALUE; DISPOSAL 

OF RECORDS

(a) The Archivist shall examine the lists and schedules 

submitted to the Archivist under section 3303 of this 

title. If the Archivist determines that any of the records 

listed in a list or schedule submitted to the Archivist do 

not, or will not after the lapse of the period specified, have 

sufficient administrative, legal, research, or other value to 

warrant their continued preservation by the Government, 

the Archivist may, after publication of notice in the Federal Register and an opportunity for interested persons to 

submit comment thereon—

(1) notify the agency to that effect; and

(2) empower the agency to dispose of those records in 

accordance with regulations promulgated under section 

3302 of this title.

(b) Authorizations granted under lists and schedules 

submitted to the Archivist under section 3303 of this 

title, and schedules promulgated by the Archivist under subsection (d) of this section, shall be mandatory, 

subject to section 2909 of this title. As between an authorization granted under lists and schedules submitted to the Archivist undersection 3303 of this title and 

an authorization contained in a schedule promulgated 

under subsection (d) of this section, application of the 

authorization providing for the shorter retention period shall be required, subject to section 2909 of this 

title.

(c) The Archivist may request advice and counsel 

from the Committee on Oversight and Government Reform of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of 

the Senate with respect to the disposal of any particular 

records under this chapter whenever the Archivist considers that—

(1) those particular records may be of special interest 

to the Congress; or

(2) consultation with the Congress regarding the disposal of those particular records is in the public interest.

However, this subsection does not require the Archivist to 

request such advice and counsel as a regular procedure in 

the general disposal of records under this chapter.

(d) The Archivist shall promulgate schedules authorizing the disposal, after the lapse of specified periods 

of time, of records of a specified form or character common to several or all agencies if such records will not, at 
BASIC LAWS and AUTHORITIES | 59

the end of the periods specified, have sufficient administrative, legal, research, or other value to warrant their 

further preservation by the United States Government.

(e) The Archivist may approve and effect the disposal of 

records that are in the Archivist’s legal custody, provided 

that records that had been in the custody of another existing agency may not be disposed of without the written 

consent of the head of the agency.

(f) The Archivist shall make an annual report to the 

Congress concerning the disposal of records under this 

chapter, including general descriptions of the types of 

records disposed of and such other information as the 

Archivist considers appropriate to keep the Congress fully informed regarding the disposal of records under this 

chapter.

§ 3308. DISPOSAL OF SIMILAR RECORDS 

WHERE PRIOR DISPOSAL WAS AUTHORIZED

When it appears to the Archivist that an agency has in 

its custody, or is accumulating, records of the same 

form or character as those of the same agency previously 

authorized to be disposed of, he may empower the head of 

the agency to dispose of the records, after they have been 

in existence a specified period of time, in accordance with 

regulations promulgated under section 3302 of this title 

and without listing or scheduling them.

§ 3309. PRESERVATION OF CLAIMS OF 

GOVERNMENT UNTIL SETTLED IN 

GOVERNMENT ACCOUNTABILITY OFFICE; 

DISPOSAL AUTHORIZED UPON WRITTEN 

APPROVAL OF COMPTROLLER GENERAL

Records pertaining to claims and demands by or 

against the Government of the United States or to 

accounts in which the Government of the United 

States is concerned, either as debtor or creditor, may 

not be disposed of by the head of an agency under 

authorization granted under this chapter, until the 

claims, demands, and accounts have been settled and 

adjusted in the Government Accountability Office, 

except upon the written approval of the Comptroller 

General of the United States.

§ 3310. DISPOSAL OF RECORDS 

CONSTITUTING MENACE TO HEALTH, LIFE, 

OR PROPERTY

When the Archivist and the head of the agency that has 

custody of them jointly determine that records in the 

custody of an agency of the United States Government 

are a continuing menace to human health or life or 

to property, the Archivist shall eliminate the menace 

immediately by any method he considers necessary. When 

records in the custody of the Archivist are disposed of 

under this section, the Archivist shall report their disposal 

to the agency from which they were transferred.

§ 3311. DESTRUCTION OF RECORDS 

OUTSIDE CONTINENTAL UNITED STATES IN 

TIME OF WAR OR WHEN HOSTILE ACTION 

SEEMS IMMINENT; WRITTEN REPORT TO 

ARCHIVIST

During a state of war between the United States and 

another nation, or when hostile action by a foreign 

power appears imminent, the head of an agency of the 

United States Government may authorize the destruction 

of records in his legal custody situated in a military or 

naval establishment, ship, or other depository outside the 

territorial limits of continental United States—

(1) the retention of which would be prejudicial to the 

interests of the United States or

(2) which occupy space urgently needed for military 

purposes and are, in his opinion, without sufficient administrative, legal, research, or other value to warrant 

their continued preservation.

Within six months after their disposal, the official who 

directed the disposal shall submit a written report to the 

Archivist in which he shall describe the character of the 

records and state when and where he disposed of them.

§ 3312. PHOTOGRAPHS OR 

MICROPHOTOGRAPHS OF RECORDS 

CONSIDERED AS ORIGINALS; CERTIFIED 

REPRODUCTIONS ADMISSIBLE IN EVIDENCE

Photographs, microphotographs of records, or digitized 

records made in compliance with regulations under 

section 3302 of this title shall have the same effect as the 

originals and shall be treated as originals for the purpose of 

their admissibility in evidence. Certified or authenticated 

reproductions of the photographs, microphotographs, or 

digitized records shall be admitted in evidence equally 

with the original photographs, microphotographs, or 

digitized records.
60 | BASIC LAWS and AUTHORITIES 

§ 3313. MONEYS FROM SALE OF RECORDS 

PAYABLE INTO THE TREASURY

Money derived by agencies of the Government from the 

sale of records disposed of under this chapter shall be paid 

into the Treasury of the United States unless otherwise 

required by law.

§ 3314. PROCEDURES FOR DISPOSAL OF 

RECORDS EXCLUSIVE

The procedures prescribed by this chapter are exclusive, 

and records of the United States Government may not be 

alienated or destroyed except under this chapter.

COORDINATION OF FEDERAL INFORMATION POLICY

(44 U.S.C. Chapter 35)

Sec.

3501 note E-Government Act of 2002

 ***

3504. Authority and functions of Director.

 ***

3515. Administrative Powers.

 ***

***

§ 3501 NOTE E-GOVERNMENT ACT OF 2002

SEC. 207. ACCESSIBILITY, USABILITY, 

AND PRESERVATION OF GOVERNMENT 

INFORMATION.

(a) Purpose.—The purpose of this section [of this 

note] is to improve the methods by which Government 

information, including information on the Internet, 

is organized, preserved, and made accessible to the 

public.

(b) Definitions.—In this section [of this note], the term—

(1) ‘Committee’ means the Interagency Committee on 

Government Information established under subsection 

(c); and

(2) “directory’ means a taxonomy of subjects linked to 

websites that—

(A) organizes Government information on the Internet 

according to subject matter; and

(B) may be created with the participation of human 

editors.

(c) Interagency committee.—

(1) Establishment.—Not later than 180 days after the 

date of enactment of this title [Dec. 17, 2002], the 

Director shall establish the Interagency Committee on 

Government Information.

(2) Membership.—The Committee shall be chaired by 

the Director or the designee of the Director and

(A) Shall include representatives from—

(i) the National Archives and Records Administration;

(ii) the offices of the Chief Information Officers from 

Federal agencies; and

(iii) other relevant officers from the executive branch; and

(B) may include representatives from the Federal 

legislative and judicial branches.

(3) Functions.—The Committee shall—

(A) engage in public consultation to the maximum 

extent feasible, including consultation with interested 

communities such as public advocacy organizations;

(B) conduct studies and submit recommendations, as 

provided under this section [of this note], to the Director 

and Congress; and

(C) share effective practices for access to, dissemination 

of, and retention of Federal information.

(4) Termination.—The Committee may be terminated 

on a date determined by the Director, except the 

Committee may not terminate before the Committee 

submits all recommendations required under this section 

[of this note].

(d) Categorizing of information.—

(1) Committee functions.—Not later than 2 years after 

the date of enactment of this Act [Dec. 17, 2002], 

the Committee shall submit recommendations to the 

Director on—

(A) The adoption of standards, which are open to the 

maximum extent feasible, to enable the organization and 
BASIC LAWS and AUTHORITIES | 61

categorization of Government information—

(i) in a way that is searchable electronically, including by 

searchable identifiers; and

(ii) in ways that are interoperable across agencies;

(B) the definition of categories of Government information 

which should be classified under the standards; and

(C) determining priorities and developing schedules for 

the initial implementation of the standards by agencies.

(2) Functions of the director.—Not later than 1 year after 

the submission of recommendations under paragraph (1), 

the Director shall issue policies—

(A) Requiring that agencies use standards, which are open 

to the maximum extent feasible, to enable the organization 

and categorization of Government information—

(i) in a way that is searchable electronically, including by 

searchable identifiers;

(ii) in ways that are interoperable across agencies; and

(iii) that are, as appropriate, consistent with the provisions 

under section 3602(f)(8) of title 44, United States Code;

(B) defining categories of Government information which 

shall be required to be classified under the standards; and

(C) determining priorities and developing schedules for 

the initial implementation of the standards by agencies.

(3) Modification of policies.—After the submission of 

agency reports under paragraph (4), the Director shall 

modify the policies, as needed, in consultation with the 

Committee and interested parties.

(4) Agency functions.—Each agency shall report annually 

to the Director, in the report established under section 

202(g) [of this note], on compliance of that agency with 

the policies issued under paragraph (2)(A).

(e) Public access to electronic information.—

(1) Committee functions.—Not later than 2 years after 

the date of enactment of this Act [Dec. 17, 2002], 

the Committee shall submit recommendations to the 

Director and the Archivist of the United States on—

(A) the adoption by agencies of policies and procedures 

to ensure that chapters 21, 25, 27, 29, and 31 of title 44, 

United States Code [44 U.S.C.A. §§ 2101 et seq., 2501 

et seq., 2701 et seq., 2901 et seq., and 3101 et seq.], are 

applied effectively and comprehensively to Government 

information on the Internet and to other electronic 

records; and

(B) the imposition of timetables for the implementation 

of the policies and procedures by agencies.

(2) Functions of the archivist.—Not later than 1 year after 

the submission of recommendations by the Committee 

under paragraph (1), the Archivist of the United States 

shall issue policies—

(A) requiring the adoption by agencies of policies and 

procedures to ensure that chapters 21, 25, 27, 29, and 31 

of title 44, United States Code [44 U.S.C.A. §§ 2101 et 

seq., 2501 et seq., 2701 et seq., 2901 et seq., and 3101 

et seq.], are applied effectively and comprehensively to 

Government information on the Internet and to other 

electronic records; and

(B) imposing timetables for the implementation of the 

policies, procedures, and technologies by agencies.

(3) Modification of policies.—After the submission of 

agency reports under paragraph (4), the Archivist of the 

United States shall modify the policies, as needed, in 

consultation with the Committee and interested parties.

(4) Agency functions.—Each agency shall report annually 

to the Director, in the report established under section 

202(g) [of this note], on compliance of that agency with 

the policies issued under paragraph (2)(A).

(f) Agency websites.—

(1) Standards for agency websites.—Not later than 2 

years after the effective date of this title [Pub.L. 107-347, 

Title II, §§ 201 to 216, Dec. 17, 2002, 116 Stat. 2910; 

see Tables for complete classification], the Director shall 

promulgate guidance for agency websites that includes—

(A) Requirements that websites include direct links to—

(i) descriptions of the mission and statutory authority of 

the agency;

(ii) information made available to the public under 

subsections (a)(1) and (b) of section 552 of title 5, United 

States Code (commonly referred to as the ‘Freedom of 

Information Act’);

(iii) information about the organizational structure of the 

agency; and

(iv) the strategic plan of the agency developed under 

section 306 of title 5, United States Code; and

(B) Minimum agency goals to assist public users to 

navigate agency websites, including—

(i) speed of retrieval of search results;

(ii) the relevance of the results;

(iii) tools to aggregate and disaggregate data; and

(iv) security protocols to protect information.

(2) Agency requirements.—
62 | BASIC LAWS and AUTHORITIES 

(A) Not later than 2 years after the date of enactment of 

this Act [Dec. 17, 2002], each agency shall—

(i) consult with the Committee and solicit public 

comment;

(ii) establish a process for determining which Government 

information the agency intends to make available and 

accessible to the public on the Internet and by other 

means;

(iii) develop priorities and schedules for making 

Government information available and accessible;

(iv) make such final determinations, priorities, and 

schedules available for public comment;

(v) post such final determinations, priorities, and 

schedules on the Internet; and

(vi) submit such final determinations, priorities, and 

schedules to the Director, in the report established under 

section 202(g) [of this note].

(B) Each agency shall update determinations, priorities, 

and schedules of the agency, as needed, after consulting 

with the Committee and soliciting public comment, if 

appropriate.

(3) Public domain directory of public Federal Government 

websites.—

(A) Establishment.—Not later than 2 years after the 

effective date of this title [Pub.L. 107-347, Title II, §§ 

201 to 216, Dec. 17, 2002, 116 Stat. 2910; see Tables 

for complete classification], the Director and each agency 

shall—

(i) develop and establish a public domain directory of 

public Federal Government websites; and

(ii) post the directory on the Internet with a link to 

the integrated Internet-based system established under 

section 204 [of this note].

(B) Development.—With the assistance of each agency, 

the Director shall—

(i) Direct the development of the directory through a 

collaborative effort, including input from—

(I) agency librarians;

(II) information technology managers;

(III) program managers;

(IV) records managers;

(V) Federal depository librarians; and

(VI) other interested parties; and

(ii) develop a public domain taxonomy of subjects used 

to review and categorize public Federal Government 

websites.

(C) Update.—With the assistance of each agency, the 

Administrator of the Office of Electronic Government 

shall—

(i) update the directory as necessary, but not less than 

every 6 months; and

(ii) solicit interested persons for improvements to the 

directory.

(g) Access to Federally funded research and 

development.—

(1) Development and maintenance of Governmentwide 

repository and website.—

(A) Repository and website.—The Director of the Office 

of Management and Budget (or the Director’s delegate), 

in consultation with the Director of the Office of Science 

and Technology Policy and other relevant agencies, shall 

ensure the development and maintenance of—

(i) A repository that fully integrates, to the maximum 

extent feasible, information about research and 

development funded by the Federal Government, and the 

repository shall—

(I) Include information about research and development 

funded by the Federal Government, consistent with any 

relevant protections for the information under section 

552 of title 5, United States code, and performed by—

(aa) institutions not a part of the Federal Government, 

including State, local, and foreign governments; 

industrial firms; educational institutions; not-for-profit 

organizations; federally funded research and development 

centers; and private individuals; and

(bb) entities of the Federal Government, including 

research and development laboratories, centers, and 

offices; and

(II) Integrate information about each separate research 

and development task or award, including—

(aa) the dates upon which the task or award is expected 

to start and end;

(bb) a brief summary describing the objective and the 

scientific and technical focus of the task or award;

(cc) the entity or institution performing the task or award 

and its contact information;

(dd) the total amount of Federal funds expected to be 

provided to the task or award over its lifetime and the 

amount of funds expected to be provided in each fiscal 

year in which the work of the task or award is ongoing;

(ee) any restrictions attached to the task or award that 
BASIC LAWS and AUTHORITIES | 63

would prevent the sharing with the general public of any 

or all of the information required by this subsection, and 

the reasons for such restrictions; and

(ff) such other information as may be determined to be 

appropriate; and

(ii) 1 or more websites upon which all or part of the 

repository of Federal research and development shall be 

made available to and searchable by Federal agencies and 

non-Federal entities, including the general public, to 

facilitate—

(I) the coordination of Federal research and development 

activities;

(II) collaboration among those conducting Federal 

research and development;

(III) the transfer of technology among Federal agencies 

and between Federal agencies and non-Federal entities; 

and

(IV) access by policymakers and the public to information 

concerning Federal research and development activities.

(B) Oversight.—The Director of the Office of 

Management and Budget shall issue any guidance 

determined necessary to ensure that agencies provide all 

information requested under this subsection.

(2) Agency functions.—Any agency that funds Federal 

research and development under this subsection shall 

provide the information required to populate the 

repository in the manner prescribed by the Director of 

the Office of Management and Budget.

(3) Committee functions.—Not later than 18 months 

after the date of enactment of this Act [Dec. 17, 2002], 

working with the Director of the Office of Science and 

Technology Policy, and after consultation with interested 

parties, the Committee shall submit recommendations to 

the Director on—

(A) policies to improve agency reporting of information 

for the repository established under this subsection; and

(B) policies to improve dissemination of the results of 

research performed by Federal agencies and federally 

funded research and development centers.

(4) Functions of the director.—After submission of 

recommendations by the Committee under paragraph 

(3), the Director shall report on the recommendations 

of the Committee and Director to Congress, in the 

E-Government report under section 3606 of title 44 (as 

added by this Act) [44 U.S.C.A. § 3606].

(5) Authorization of appropriations.—There are 

authorized to be appropriated for the development, 

maintenance, and operation of the Governmentwide 

repository and website under this subsection—

(A) $2,000,000 in each of the fiscal years 2003 through 

2005; and

(B) such sums as are necessary in each of the fiscal years 

2006 and 2007.

***

§ 3504. AUTHORITY AND FUNCTIONS OF 

DIRECTOR

(a)(1) The Director [of OMB] shall oversee the use of 

information resources to improve the efficiency and effectiveness of governmental operations to serve agency 

missions, including burden reduction and service delivery 

to the public. In performing such oversight, the Director 

shall—

(A) develop, coordinate and oversee the implementation of Federal information resources management policies, principles, standards, and guidelines; and

(B) provide direction and oversee—

(i) the review and approval of the collection of information and the reduction of the information collection 

burden;

(ii) agency dissemination of and public access to information;

(iii) statistical activities;

(iv) records management activities;

(v) privacy, confidentiality, security,

disclosure, and sharing of information; and

(vi) the acquisition and use of information technology, including alternative information technologies that 

provide for electronic submission, maintenance, or disclosure of information as a substitute for paper and for 

the use and acceptance of electronic signatures.

(2) The authority of the Director under this chapter 

shall be exercised consistent with applicable law.

(b) With respect to general information resources management policy, the Director shall—

(1) develop and oversee the implementation of uniform 

information resources management policies, principles, 

standards, and guidelines;

(2) foster greater sharing, dissemination, and access to 

public information, including through—
64 | BASIC LAWS and AUTHORITIES 

(A) the use of the Government Information Locator 

Service; and

(B) the development and utilization of common standards for information collection, storage, processing 

and communication, including standards for security, 

interconnectivity and interoperability;

(3) initiate and review proposals for changes in legislation, regulations, and agency procedures to improve information resources management practices;

(4) oversee the development and implementation of 

best practices in information resources management, including training; and

(5) oversee agency integration of program and management functions with information resources management 

functions.

(c) With respect to the collection of information and 

the control of paperwork, the Director shall—

(1) review and approve proposed agency collections of 

information;

(2) coordinate the review of the collection of information associated with Federal procurement and acquisition 

by the Office of Information and Regulatory Affairs with 

the Office of Federal Procurement Policy, with particular 

emphasis on applying information technology to improve 

the efficiency and effectiveness of Federal procurement, 

acquisition and payment, and to reduce information collection burdens on the public;

(3) minimize the Federal information collection burden, with particular emphasis on those individuals and 

entities most adversely affected;

(4) maximize the practical utility of and public benefit 

from information collected by or for the Federal Government; and

(5) establish and oversee standards and guidelines by 

which agencies are to estimate the burden to comply with 

a proposed collection of information.

(6) publish in the Federal Register and make available 

on the Internet (in consultation with the Small Business 

Administration) on an annual basis a list of the compliance assistance resources available to small businesses, 

with the first such publication occurring not later than 

1 year after the date of enactment of the Small Business 

Paperwork Relief Act of 2002.

(d) With respect to information dissemination, the Director shall develop and oversee the implementation of 

policies, principles, standards, and guidelines to—

(1) apply to Federal agency dissemination of public information, regardless of the form or format in which such 

information is disseminated; and

(2) promote public access to public information and 

fulfill the purposes of this chapter, including through the 

effective use of information technology.

(e) With respect to statistical policy and coordination, 

the Director shall—

(1) coordinate the activities of the Federal statistical 

system to ensure—

(A) the efficiency and effectiveness of the

system; and

(B) the integrity, objectivity, impartiality, utility,

 and confidentiality of information collected for statistical purposes;

(2) ensure that budget proposals of agencies are consistent with system-wide priorities for maintaining and 

improving the quality of Federal statistics and prepare an 

annual report on statistical program funding;

(3) develop and oversee the implementation of Governmentwide policies, principles, standards, and guidelines 

concerning—

(A) statistical collection procedures and methods;

(B) statistical data classification;

(C) statistical information presentation and dissemination;

(D) timely release of statistical data; and

(E) such statistical data sources as may be required for 

the administration of Federal programs;

(4) evaluate statistical program performance and agency compliance with Governmentwide policies, principles, 

standards and guidelines;

(5) promote the sharing of information collected for 

statistical purposes consistent with privacy rights and confidentiality pledges;

(6) coordinate the participation of the United States in 

international statistical activities, including the development of comparable statistics;

(7) appoint a chief statistician who is a trained and experienced professional statistician to carry out the functions described under this subsection;

(8) carrying out the functions under this subsection 

that shall—

(A) be headed by the chief statistician; and

(B) consist of—

(i) the heads of the major statistical
BASIC LAWS and AUTHORITIES | 65

programs; and

(ii) representatives of other statistical

 agencies under rotating membership; and

(9) provide opportunities for training in statistical policy functions to employees of the Federal Government 

under which—

(A) each trainee shall be selected at the discretion of the 

Director based on agency requests and shall serve under 

the chief statistician for at least 6 months and not more 

than 1 year; and

(B) all costs of the training shall be paid by the

 agency requesting training.

(f) With respect to records management, the Director 

shall—

(1) provide advice and assistance to the Archivist of the 

United States and the Administrator of General Services to promote coordination in the administration of 

chapters 29, 31, and 33 of this title with the information resources management policies, principles, standards, and guidelines established under this subchapter;

(2) review compliance by agencies with—

(A) the requirements of chapters 29, 31, and 33 of this 

title; and

(B) regulations promulgated by the Archivist of the 

United States and the Administrator of General Services; and

(3) oversee the application of records management policies, principles, standards, and guidelines, including 

requirements for archiving information maintained in 

electronic format, in the planning and design of information systems.

(g) With respect to privacy and security, the Director 

shall—

(1) develop and oversee the implementation of policies, 

principles, standards, and guidelines on privacy, confidentiality, security, disclosure and sharing of information collected or maintained by or for agencies; and

(2) oversee and coordinate compliance with sections 

552 and 552a of title 5, sections 20 and 21 of the National Institute of Standards and Technology Act (15 

U.S.C. 278g-3 and 278g-4), section 11331 of title 40 

and subchapter II of this title, and related information 

management laws.

(h) With respect to Federal information technology, the 

Director shall—

(1) in consultation with the Director of the National 

Institute of Standards and Technology and the Administrator of General Services—

(A) develop and oversee the implementation of policies, principles, standards, and guidelines for information technology functions and activities of the 

Federal Government, including periodic evaluations 

of major information systems; and

(B) oversee the development and implementation of 

standards under section 11331 of title 40;

(2) monitor the effectiveness of, and compliance with, 

directives issued under subtitle III of title 40 and directives issued under section 322 of title 40;

(3) coordinate the development and review by the Office of Information and Regulatory Affairs of policy 

associated with Federal procurement and acquisition 

of information technology with the Office of Federal 

Procurement Policy;

(4) ensure, through the review of agency budget proposals, information resources management plans and 

other means—

(A) agency integration of information resources 

management plans, program plans and budgets for 

acquisition and use of information technology; and

(B) the efficiency and effectiveness of inter-agency 

information technology initiatives to improve agency performance and the accomplishment of agency 

missions; and

(5) promote the use of information technology by the 

Federal Government to improve the productivity, efficiency, and effectiveness of Federal programs, including 

through dissemination of public information and the reduction of information collection burdens on the public.

***

§ 3511. ESTABLISHMENT AND OPERATION 

OF GOVERNMENT INFORMATION LOCATOR 

SERVICE

(a) In order to assist agencies and the public in locating 

information and to promote information sharing and 

equitable access by the public, the Director shall—

(1) cause to be established and maintained a distributed 

agency-based electronic Government Information 

Locator Service (hereafter in this section referred to as 

the “Service”), which shall identify the major information 

systems, holdings, and dissemination products of each 

agency;
66 | BASIC LAWS and AUTHORITIES 

(2) require each agency to establish and maintain an 

agency information locator service as a component of, 

and to support the establishment and operation of the 

Service;

(3) in cooperation with the Archivist of the United States, 

the Administrator of General Services, the Director of 

the Government Publishing Office, and the Librarian of 

Congress, establish an interagency committee to advise the 

Secretary of Commerce on the development of technical 

standards for the Service to ensure compatibility, promote 

information sharing, and uniform access by the public;

(4) consider public access and other user needs in the 

establishment and operation of the Service;

(5) ensure the security and integrity of the Service, 

including measures to ensure that only information 

which is intended to be disclosed to the public is disclosed 

through the Service; and

(6) periodically review the development and effectiveness 

of the Service and make recommendations for 

improvement, including other mechanisms for improving 

public access to Federal agency public information.

(b) This section shall not apply to operational files as 

defined by the Central Intelligence Agency Information 

Act (50 U.S.C. 431 et seq.).

***

§ 3515. ADMINISTRATIVE POWERS

Upon the request of the Director, each agency (other than 

an independent regulatory agency) shall, to the extent 

practicable, make its services, personnel, and facilities 

available to the Director for the performance of functions 

under this subchapter.

***

MANAGEMENT AND PROMOTION OF 

ELECTRONIC GOVERNMENT SERVICES

(44 U.S.C. Chapter 36)

Sec. 

***

3603. Chief Information Officers Council

***

***

§ 3603. CHIEF INFORMATION OFFICERS 

COUNCIL

(a) There is established in the executive branch a Chief 

Information Officers Council.

(b) The members of the Council shall be as follows:

(1) The Deputy Director for Management of the Office 

of Management and Budget, who shall act as chairperson 

of the Council.

(2) The Administrator of the Office of Electronic Government.

(3) The Administrator of the Office of Information and 

Regulatory Affairs.

(4) The chief information officer of each agency described under section 901(b) of title 31.

(5) The chief information officer of the Central Intelligence Agency.

(6) The chief information officer of the Department 

of the Army, the Department of the Navy, and the Department of the Air Force, if chief information officers 

have been designated for such departments under section 

3506(a)(2)(B).

(7) Any other officer or employee of the United States 

designated by the chairperson.

(c)(1) The Administrator of the Office of Electronic Government shall lead the activities of the Council on behalf of the Deputy Director for Management.

(2)(A) The Vice Chairman of the Council shall be selected 

by the Council from among its members.

(B) The Vice Chairman shall serve a 1-year term, and 

may serve multiple terms.
BASIC LAWS and AUTHORITIES | 67

(3) The Administrator of General Services shall provide 

administrative and other support for the Council.

(d) The Council is designated the principal interagency 

forum for improving agency practices related to the design, acquisition, development, modernization, use, operation, sharing, and performance of Federal Government 

information resources.

(e) In performing its duties, the Council shall consult 

regularly with representatives of State, local, and tribal 

governments.

(f) The Council shall perform functions that include 

the following:

(1) Develop recommendations for the Director on 

Government information resources management policies and requirements.

(2) Share experiences, ideas, best practices, and innovative approaches related to information resources 

management.

(3) Assist the Administrator in the identification, 

development, and coordination of multiagency projects and other innovative initiatives to improve Government performance through the use of information 

technology.

(4) Promote the development and use of common 

performance measures for agency information resources management under this chapter and title II of the 

E-Government Act of 2002.

(5) Work as appropriate with the National Institute 

of Standards and Technology and the Administrator to 

develop recommendations on information technology 

standards developed under section 20 of the National 

Institute of Standards and Technology Act (15 U.S.C. 

278g-3) and promulgated under section 11331 of title 

40, and maximize the use of commercial standards as 

appropriate, including the following:

(A) Standards and guidelines for interconnectivity and interoperability as described under section 

3504.

(B) Consistent with the process under section 207(d) 

of the E-Government Act of 2002, standards and 

guidelines for categorizing Federal Government electronic information to enable efficient use of technologies, such as through the use of extensible markup 

language.

(C) Standards and guidelines for Federal Government computer system efficiency and security.

(6) Work with the Office of Personnel Management 

to assess and address the hiring, training, classification, 

and professional development needs of the Government related to information resources management.

(7) Work with the Archivist of the United States to 

assess how the Federal Records Act can be addressed effectively by Federal information resources management 

activities.

***

ATOMIC ENERGY DEFENSE PROVISIONS

(50 U.S.C. §§ 2672, 2673)

§ 2672. PROTECTION AGAINST 

INADVERTENT RELEASE OF RESTRICTED 

DATA AND FORMERLY RESTRICTED DATA

(a) Plan for protection against release

The Secretary of Energy and the Archivist of the United 

States shall, after consultation with the members of the 

National Security Council and in consultation with the 

Secretary of Defense and the heads of other appropriate 

Federal agencies, develop a plan to prevent the inadvertent 

release of records containing Restricted Data or Formerly 

Restricted Data during the automatic declassification of 

records under Executive Order No. 13526 (50 U.S.C. 

3161 note).

(b) Plan elements

The plan under subsection (a) shall include the following:

(1) The actions to be taken in order to ensure that records subject to Executive Order No. 13526 are reviewed 

on a page-by-page basis for Restricted Data and Formerly 
68 | BASIC LAWS and AUTHORITIES 

Restricted Data unless they have been determined to be 

highly unlikely to contain Restricted Data or Formerly 

Restricted Data.

(2) The criteria and process by which documents are 

determined to be highly unlikely to contain Restricted 

Data or Formerly Restricted Data.

(3) The actions to be taken in order to ensure proper 

training, supervision, and evaluation of personnel engaged in declassification under that Executive order so 

that such personnel recognize Restricted Data and Formerly Restricted Data.

(4) The extent to which automated declassification 

technologies will be used under that Executive order to 

protect Restricted Data and Formerly Restricted Data 

from inadvertent release.

(5) Procedures for periodic review and evaluation by 

the Secretary of Energy, in consultation with the Director 

of the Information Security Oversight Office of the National Archives and Records Administration, of compliance by Federal agencies with the plan.

(6) Procedures for resolving disagreements among Federal agencies regarding declassification procedures and decisions under the plan.

(7) The funding, personnel, and other resources required to carry out the plan.

(8) A timetable for implementation of the plan.

(c) Limitation on declassification of certain records

(1) Effective on October 17, 1998, and except as provided in paragraph (3), a record referred to in subsection 

(a) may not be declassified unless the agency having custody of the record reviews the record on a page-by-page 

basis to ensure that the record does not contain Restricted 

Data or Formerly Restricted Data.

(2) Any record determined as a result of a review under 

paragraph (1) to contain Restricted Data or Formerly Restricted Data may not be declassified until the Secretary of 

Energy, in conjunction with the head of the agency having custody of the record, determines that the document 

is suitable for declassification.

(3) After the date occurring 60 days after the submission of the plan required by subsection (a) to the committees referred to in paragraphs (1) and (2) of subsection 

(d), the requirement under paragraph (1) to review a record on a page-by-page basis shall not apply in the case 

of a record determined, under the actions specified in the 

plan pursuant to subsection (b)(1), to be a record that is 

highly unlikely to contain Restricted Data or Formerly 

Restricted Data.

(d) Submission of plan

The Secretary of Energy shall submit the plan required 

under subsection (a) to the following:

(1) The Committee on Armed Services of the Senate.

(2) The Committee on Armed Services of the House of 

Representatives.

(3) The Assistant to the President for National Security 

Affairs.

(e) Submission of reviews

The Secretary of Energy shall, in each even-numbered 

year, submit a summary of the results of the periodic 

reviews and evaluations specified in the plan pursuant to 

subsection (b)(5) to the committees and Assistant to the 

President specified in subsection (d).

(f) Report and notification regarding inadvertent releases

(1) The Secretary of Energy shall submit to the committees and Assistant to the President specified in subsection (d) a report on inadvertent releases of Restricted Data 

or Formerly Restricted Data under Executive Order No. 

12958 that occurred before October 17, 1998.

(2) The Secretary of Energy shall, in each even-numbered year beginning in 2010, submit to the committees 

and Assistant to the President specified in subsection (d) 

a report identifying any inadvertent releases of Restricted 

Data or Formerly Restricted Data under Executive Order 

No. 13526 discovered in the two-year period preceding 

the submittal of the report.

§ 2673. SUPPLEMENT TO PLAN FOR 

DECLASSIFICATION OF RESTRICTED DATA 

AND FORMERLY RESTRICTED DATA

(a) Supplement to plan

The Secretary of Energy and the Archivist of the United 

States shall, after consultation with the members of the 

National Security Council and in consultation with the 

Secretary of Defense and the heads of other appropriate 

Federal agencies, develop a supplement to the plan 

required under subsection (a) of section 2672 of this title.

(b) Contents of supplement

The supplement shall provide for the application of that 

plan (including in particular the element of the plan 

required by subsection (b)(1) of section 2672 of this title 

to all records subject to Executive Order No. 12958 that 
BASIC LAWS and AUTHORITIES | 69

were determined before October 17, 1998, to be suitable 

for declassification.

(c) Limitation on declassification of records

All records referred to in subsection (b) of this section 

shall be treated, for purposes of subsection (c) of section 

2672 of this title, in the same manner as records referred 

to in subsection (a) of such section.

(d) Submission of supplement

The Secretary of Energy shall submit the supplement 

required under subsection (a) of this section to the 

recipients of the plan referred to in subsection (d) of 

section 2672 of this title.

References in Text

Executive Order No. 12958, referred to in subsec. (b), 

which was formerly set out as a note under section 435 

(now section 3161) of this title, was revoked by Ex. Ord. 

No. 13526, §6.2(g), Dec. 29, 2009, 75 F.R. 731.

DOCUMENTS RELATING TO JAPANESE INTERNMENT

(50 U.S.C. App 1989b-6)

§ 1989B-6. DOCUMENTS RELATING TO THE 

INTERNMENT

(a) Preservation of documents in National Archives 

All documents, personal testimony, and other records created or received by the Commission during its inquiry 

shall be kept and maintained by the Archivist of the United States who shall preserve such documents, testimony, 

and records in the National Archives of the United States. 

The Archivist shall make such documents, testimony, and 

records available to the public for research purposes.

(b) Public availability of certain records of the House of 

Representatives

(1) The Clerk of the House of Representatives is authorized to permit the Archivist of the United States to make 

available for use records of the House not classified for 

national security purposes, which have been in existence 

for not less than thirty years, relating to the evacuation, 

relocation, and internment of individuals during the evacuation, relocation, and internment period.

(2) This subsection is enacted as an exercise of the rulemaking power of the House of Representatives, but is applicable 

only with respect to the availability of records to which it 

applies, and supersedes other rules only to the extent that 

the time limitation established by this section with respect 

to such records is specifically inconsistent with such rules, 

and is enacted with full recognition of the constitutional 

right of the House to change its rules at any time, in the 

same manner and to the same extent as in the case of any 

other rule of the House.

NAZI WAR CRIMES DISCLOSURE ACT

(5 U.S.C. 552 note)

SECTION 1. SHORT TITLE. <<NOTE: 5 USC 552 

NOTE.>>

This Act may be cited as the “Nazi War Crimes 

Disclosure Act.”

SEC. 2. ESTABLISHMENT OF NAZI WAR 

CRIMINAL RECORDS INTERAGENCY 

WORKING GROUP.

(a) Definitions.—In this section the term—

(1) “agency’’ has the meaning given such term under 

section 551 of title 5, United States Code;

(2) “Interagency Group’’ means the Nazi War Criminal 

Records Interagency Working Group established under 
70 | BASIC LAWS and AUTHORITIES 

subsection (b);

(3) “Nazi war criminal records’’ has the meaning given 

such term under section 3 of this Act; and

(4) “record’’ means a Nazi war criminal record.

(b) Establishment of Interagency Group.—

(1) In general.—Not later than 60 days after the date 

of enactment of this Act, the President shall establish the 

Nazi War Criminal Records Interagency Working Group, 

which shall remain in existence for 3 years after the date 

the Interagency Group is established.

(2) Membership.—The President shall appoint to the 

Interagency Group individuals whom the President determines will most completely and effectively carry out the 

functions of the Interagency Group within the time limitations provided in this section, including the Director of 

the Holocaust Museum, the Historian of the Department 

of State, the Archivist of the United States, the head of 

any other agency the President considers appropriate, and 

no more than 4 other persons who shall be members of 

the public, of whom 3 shall be persons appointed under 

the provisions of this Act in effect on October 8, 1998. 

The head of an agency appointed by the President may 

designate an appropriate officer to serve on the Interagency Group in lieu of the head of such agency.

(3) Initial meeting.—Not later than 90 days after the 

date of enactment of this Act, the Interagency Group shall 

hold an initial meeting and begin the functions required 

under this section.

(c) Functions.—Not later than 1 year after the date of 

enactment of this Act, the Interagency Group shall, to 

the greatest extent possible consistent with section 3 of 

this Act—

(1) locate, identify, inventory, recommend for declassification, and make available to the public at the National 

Archives and Records Administration, all classified Nazi 

war criminal records of the United States;

(2) coordinate with agencies and take such actions as 

necessary to expedite the release of such records to the 

public; and

(3) submit a report to Congress, including the Committee on the Judiciary of the Senate and the Committee 

on Government Reform and Oversight of the House of 

Representatives, describing all such records, the disposition of such records, and the activities of the Interagency 

Group and agencies under this section.

(d) Funding.—There are authorized to be appropriated 

such sums as may be necessary to carry out the provisions 

of this Act.

SEC. 3. REQUIREMENT OF DISCLOSURE OF 

RECORDS REGARDING PERSONS WHO 

COMMITTED NAZI WAR CRIMES.

(a) Nazi War Criminal Records.—For purposes of this 

Act, the term “Nazi war criminal records’’ means classified 

records or portions of records that—

(1) pertain to any person with respect to whom the 

United States Government, in its sole discretion, has 

grounds to believe ordered, incited, assisted, or otherwise 

participated in the persecution of any person because of 

race, religion, national origin, or political opinion, during 

the period beginning on March 23, 1933, and ending on 

May 8, 1945, under the direction of, or in association 

with—

(A) the Nazi government of Germany;

(B) any government in any area occupied by the military forces of the Nazi government of Germany;

(C) any government established with the assistance or 

cooperation of the Nazi government of Germany; or

(D) any government which was an ally of the Nazi government of Germany; or

(2) pertain to any transaction as to which the United States 

Government, in its sole discretion, has grounds to believe—

(A) involved assets taken from persecuted persons 

during the period beginning on March 23, 1933, and 

ending on May 8, 1945, by, under the direction of, 

on behalf of, or under authority granted by the Nazi 

government of Germany or any nation then allied with 

that government; and

(B) such transaction was completed without the assent 

of the owners of those assets or their heirs or assigns or 

other legitimate representatives.

(b) Release of Records.—

(1) In general.—Subject to paragraphs (2), (3), and 

(4), the Nazi War Criminal Records Interagency Working Group shall release in their entirety Nazi war criminal records that are described in subsection (a).

(2) Exception for privacy, etc.—An agency head may 

exempt from release under paragraph (1) specific infor-
BASIC LAWS and AUTHORITIES | 71

mation, that would—

(A) constitute a clearly unwarranted invasion of personal privacy;

(B) 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;

(C) reveal information that would assist in the development or use of weapons of mass destruction;

(D) reveal information that would impair United 

States cryptologic systems or activities;

(E) reveal information that would impair the application of state-of-the-art technology within a United 

States weapon system;

(F) reveal actual United States military war plans that 

remain in effect;

(G) 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;

(H) 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;

(I) reveal information that would seriously and demonstrably impair current national security emergency 

preparedness plans; or

(J) violate a treaty or international agreement.

(3) Application of exemptions.—

(A) In general.—In applying the exemptions listed in 

subparagraphs (B) through (J) of paragraph (2), there 

shall be a presumption that the public interest in the 

release of Nazi war criminal records will be served by 

disclosure and release of the records. Assertion of such 

exemption may only be made when the agency head 

determines that disclosure and release would be harmful to a specific interest identified in the exemption. 

An agency head who makes such a determination shall 

promptly report it to the committees of Congress with 

appropriate jurisdiction, including the Committee on 

the Judiciary of the Senate and the Committee on Government Reform and Oversight of the House of Representatives. The exemptions set forth in paragraph (2) 

shall constitute the only authority pursuant to which 

an agency head may exempt records otherwise subject 

to release under paragraph (1).

(B) Application of title 5.—A determination by an 

agency head to apply an exemption listed in subparagraphs (B) through (I) of paragraph (2) shall be subject 

to the same standard of review that applies in the case 

of records withheld under section 552(b)(1) of title 5, 

United States Code.

(4) Limitation on application.—This subsection shall 

not apply to records—

(A) related to or supporting any active or inactive 

investigation, inquiry, or prosecution by the Office of 

Special Investigations of the Department of Justice; or

(B) solely in the possession, custody, or control of 

that office.

(c) Inapplicability of National Security Act of 1947 Exemption.—Section 701(a) of the National Security Act of 

1947 (50 U.S.C. 431) shall not apply to any operational 

file, or any portion of any operational file, that constitutes 

a Nazi war criminal record under section 3 of this Act.

SEC. 4. EXPEDITED PROCESSING OF FOIA 

REQUESTS FOR NAZI WAR CRIMINAL 

RECORDS.

(a) Expedited Processing.—For purposes of expedited 

processing under section 552(a)(6)(E) of title 5, United 

States Code, any requester of a Nazi war criminal record 

shall be deemed to have a compelling need for such record 

(b) Requester.—For purposes of this section, the term 

“requester’’ means any person who was persecuted in the 

manner described under section 3(a)(1) of this Act who 

requests a Nazi war criminal record.

SEC. 5. EFFECTIVE DATE. 

This Act and the amendments made by this Act shall 

take effect on the date that is 90 days after the date of 

enactment of this Act.

Approved October 8, 1998.
72 | BASIC LAWS and AUTHORITIES 

DISCLOSURE OF INFORMATION ON 

JAPANESE IMPERIAL GOVERNMENT

5 U.S.C. § 552 note

SEC. 801. SHORT TITLE.

This title [this note] may be cited as the ‘Japanese Imperial 

Government Disclosure Act of 2000’.

SEC. 802. DESIGNATION.

(a) Definitions.—In this section:

(1) Agency.—The term ‘agency’ has the meaning given 

such term under section 551 of title 5, United States 

Code.

(2) Interagency Group.—The term ‘Interagency Group’ 

means the Nazi War Crimes and Japanese Imperial 

Government Records Interagency Working Group established under subsection (b).

(3) Japanese Imperial Government records.—The term 

‘Japanese Imperial Government records’ means classified records or portions of records that pertain to any 

person with respect to whom the United States Government, in its sole discretion, has grounds to believe 

ordered, incited, assisted, or otherwise participated in 

the experimentation on, and persecution of, any person 

because of race, religion, national origin, or political 

opinion, during the period beginning September 18, 

1931, and ending on December 31, 1948, under the 

direction of, or in association with—

(A) the Japanese Imperial Government;

(B) any government in any area occupied by the military forces of the Japanese Imperial Government;

(C) any government established with the assistance 

or cooperation of the Japanese Imperial Government; or

(D) any government which was an ally of the Japanese Imperial Government.

(4) Record.—The term ‘record’ means a Japanese Imperial Government record.

(b) Establishment of Interagency Group.—

(1) In general.—Not later than 60 days after the date of 

the enactment of this Act [Dec. 27, 2000], the President 

shall designate the Working Group established under 

the Nazi War Crimes Disclosure Act (Public Law 105-

246; 5 U.S.C. 552 note) to also carry out the purposes 

of this title [this note] with respect to Japanese Imperial 

Government records, and that Working Group shall 

remain in existence for 6 years after the date on which 

this title [this note] takes effect. Such Working Group 

is redesignated as the ‘Nazi War Crimes and Japanese 

Imperial Government Records Interagency Working 

Group’.

(2) [Omitted. Amended section 2(b)(2) of Pub.L. 105-

246, set out as a note under this section.]

(c) Functions.—Not later than 1 year after the date of the 

enactment of this Act [Dec. 27, 2000], the Interagency 

Group shall, to the greatest extent possible consistent 

with section 803 [of this note]—

(1) locate, identify, inventory, recommend for declassification, and make available to the public at the National Archives and Records Administration, all classified Japanese Imperial Government records of the 

United States;

(2) coordinate with agencies and take such actions as 

necessary to expedite the release of such records to the 

public; and

(3) submit a report to Congress, including the Committee on Government Reform and the Permanent 

Select Committee on Intelligence of the House of Representatives, and the Committee on the Judiciary and 

the Select Committee on Intelligence of the Senate, 

describing all such records, the disposition of such records, and the activities of the Interagency Group and 

agencies under this section.

(d) Funding.—There is authorized to be appropriated 

such sums as may be necessary to carry out the provisions 

of this title [this note].

SEC. 803. REQUIREMENT OF DISCLOSURE OF 

RECORDS.
BASIC LAWS and AUTHORITIES | 73

(a) Release of records.—Subject to subsections (b), (c), 

and (d), the Japanese Imperial Government Records 

Interagency Working Group shall release in their entirety 

Japanese Imperial Government records.

(b) Exemptions.—An agency head may exempt from 

release under subsection (a) specific information, that 

would—

(1) constitute an unwarranted invasion of personal privacy;

(2) reveal the identity of a confidential human source, 

or reveal information about an intelligence source or 

method when the unauthorized disclosure of that 

source or method would damage the national security 

interests of the United States;

(3) reveal information that would assist in the development or use of weapons of mass destruction;

(4) reveal information that would impair United States 

cryptologic systems or activities;

(5) reveal information that would impair the application of state-of-the-art technology within a United 

States weapon system;

(6) reveal United States military war plans that remain 

in effect;

(7) reveal information that would impair relations between the United States and a foreign government, or 

undermine ongoing diplomatic activities of the United 

States;

(8) reveal information that would impair the current 

ability of United States Government officials to protect 

the President, Vice President, and other officials for 

whom protection services are authorized in the interest 

of national security;

(9) reveal information that would impair current national security emergency preparedness plans; or

(10) violate a treaty or other international agreement.

(c) Applications of exemptions.—

(1) In general.—In applying the exemptions provided 

in paragraphs (2) through (10) of subsection (b), there 

shall be a presumption that the public interest will be 

served by disclosure and release of the records of the 

Japanese Imperial Government. The exemption may be 

asserted only when the head of the agency that maintains the records determines that disclosure and release 

would be harmful to a specific interest identified in the 

exemption. An agency head who makes such a determination shall promptly report it to the committees of 

Congress with appropriate jurisdiction, including the 

Committee on the Judiciary and the Select Committee 

on Intelligence of the Senate and the Committee on 

Government Reform and the Permanent Select Committee on Intelligence of the House of Representatives.

(2) Application of Title 5.—A determination by an 

agency head to apply an exemption provided in paragraphs (2) through (9) of subsection (b) shall be subject 

to the same standard of review that applies in the case 

of records withheld under section 552(b)(1) of title 5, 

United States Code [subsec. (b)(1) of this section].

(d) Records related to investigations or prosecutions.—

This section shall not apply to records—

(1) related to or supporting any active or inactive investigation, inquiry, or prosecution by the Office of 

Special Investigations of the Department of Justice; or

(2) solely in the possession, custody, or control of the 

Office of Special Investigations.

SEC. 804. EXPEDITED PROCESSING OF 

REQUESTS FOR JAPANESE IMPERIAL 

GOVERNMENT RECORDS.

For purposes of expedited processing under section 552(a)

(6)(E) of title 5, United States Code, any person who was 

persecuted in the manner described in section 802(a)(3) 

and who requests a Japanese Imperial Government record 

shall be deemed to have a compelling need for such record.

SEC. 805. EFFECTIVE DATE.

The provisions of this title [this note] shall take effect on 

the date that is 90 days after the date of the enactment of 

this Act [Dec. 27, 2000].
74 | BASIC LAWS and AUTHORITIES 

PUBLIC INTEREST DECLASSIFICATION ACT OF 2000, 

AS AMENDED

(50 U.S.C. § 3161 note, Pub. L. 106-567)

SEC. 701. SHORT TITLE.

This title may be cited as the ‘Public Interest 

Declassification Act of 2000’.

SEC. 702. FINDINGS.

Congress makes the following findings:

(1) It is in the national interest to establish an effective, coordinated, and cost-effective means by which 

records on specific subjects of extraordinary public interest that do not undermine the national security interests of the United States may be collected, retained, 

reviewed, and disseminated to Congress, policymakers 

in the executive branch, and the public.

(2) Ensuring, through such measures, public access 

to information that does not require continued protection to maintain the national security interests of the 

United States is a key to striking the balance between 

secrecy essential to national security and the openness 

that is central to the proper functioning of the political 

institutions of the United States.

SEC. 703. PUBLIC INTEREST 

DECLASSIFICATION BOARD.

(a) Establishment.—(1) There is established within 

the executive branch of the United States a board to be 

known as the ‘Public Interest Declassification Board’ (in 

this title referred to as the ‘Board’).

(2) The Board shall report directly to the President or, 

upon designation by the President, the Vice President, the 

Attorney General, or other designee of the President. The 

other designee of the President under this paragraph may 

not be an agency head or official authorized to classify 

information under Executive Order 12958 [formerly set 

out below], or any successor order.

(b) Purposes.—The purposes of the Board are as follows:

(1) To advise the President, the Assistant to the President for National Security Affairs, the Director of the 

Office of Management and Budget, and such other 

executive branch officials as the Board considers appropriate on the systematic, thorough, coordinated, 

and comprehensive identification, collection, review 

for declassification, and release to Congress, interested agencies, and the public of declassified records and 

materials (including donated historical materials) that 

are of archival value, including records and materials of 

extraordinary public interest.

(2) To promote the fullest possible public access to a thorough, accurate, and reliable documentary record of significant United States national security decisions and significant 

United States national security activities in order to—

(A) support the oversight and legislative functions of 

Congress;

(B) support the policymaking role of the executive 

branch;

(C) respond to the interest of the public in national 

security matters; and

(D) promote reliable historical analysis and new avenues of historical study in national security matters.

(3) To provide recommendations to the President for 

the identification, collection, and review for declassification of information of extraordinary public interest that 

does not undermine the national security of the United 

States, to be undertaken in accordance with a declassification program that has been established or may be established by the President by Executive order.

(4) To advise the President, the Assistant to the President for National Security Affairs, the Director of the 

Office of Management and Budget, and such other executive branch officials as the Board considers appropriate 

on policies deriving from the issuance by the President of 

Executive orders regarding the classification and declassification of national security information.

(5) To review and make recommendations to the President in a timely manner with respect to any congressional request, made by the committee of jurisdiction or by 

a member of the committee of jurisdiction, to declassify 

certain records, to evaluate the proper classification of certain records, or to reconsider a declination to declassify 

specific records.
BASIC LAWS and AUTHORITIES | 75

(c) Membership.—(1) The Board shall be composed 

of nine individuals appointed from among citizens of the 

United States who are preeminent in the fields of history, 

national security, foreign policy, intelligence policy, social 

science, law, or archives, including individuals who have 

served in Congress or otherwise in the Federal Government or have otherwise engaged in research, scholarship, 

or publication in such fields on matters relating to the 

national security of the United States, of whom—

(A) five shall be appointed by the President;

(B) one shall be appointed by the Speaker of the 

House of Representatives;

(C) one shall be appointed by the majority leader of 

the Senate;

(D) one shall be appointed by the minority leader of 

the Senate; and

(E) one shall be appointed by the minority leader of 

the House of Representatives.

(2)(A) Of the members initially appointed to the Board 

by the President—

(i) three shall be appointed for a term of 4 years;

(ii) one shall be appointed for a term of 3 years; and

(iii) one shall be appointed for a term of 2 years.

(B) The members initially appointed to the Board by 

the Speaker of the House of Representatives or by the majority leader of the Senate shall be appointed for a term 

of 3 years.

(C) The members initially appointed to the Board by 

the minority leader of the House of Representatives or the 

Senate shall be appointed for a term of 2 years.

(D) Any subsequent appointment to the Board shall be 

for a term of 3 years from the date of the appointment.

(3) A vacancy in the Board shall be filled in the same 

manner as the original appointment.

(4) A member of the Board may be appointed to a new 

term on the Board upon the expiration of the member’s 

term on the Board, except that no member may serve 

more than three full terms on the Board.

(d) Chairperson; Executive Secretary.—(1)(A) The 

President shall designate one of the members of the Board 

as the Chairperson of the Board.

(B) The term of service as Chairperson of the Board 

shall be 2 years.

(C) A member serving as Chairperson of the Board 

may be redesignated as Chairperson of the Board upon 

the expiration of the member’s term as Chairperson of the 

Board, except that no member shall serve as Chairperson 

of the Board for more than 6 years.

(2) The Director of the Information Security Oversight 

Office shall serve as the Executive Secretary of the Board.

(e) Meetings.—The Board shall meet as needed to accomplish its mission, consistent with the availability of 

funds. A majority of the members of the Board shall constitute a quorum.

(f) Staff.—Any employee of the Federal Government 

may be detailed to the Board, with the agreement of and 

without reimbursement to the detailing agency, and such 

detail shall be without interruption or loss of civil, military, or foreign service status or privilege.

(g) Security.—(1) The members and staff of the Board 

shall, as a condition of appointment to or employment 

with the Board, hold appropriate security clearances for 

access to the classified records and materials to be reviewed by the Board or its staff, and shall follow the guidance and practices on security under applicable Executive 

orders and Presidential or agency directives.

(2) The head of an agency shall, as a condition of granting access to a member of the Board, the Executive Secretary of the Board, or a member of the staff of the Board 

to classified records or materials of the agency under this 

title, require the member, the Executive Secretary, or the 

member of the staff, as the case may be, to—

(A) execute an agreement regarding the security of 

such records or materials that is approved by the head 

of the agency; and

(B) hold an appropriate security clearance granted or 

recognized under the standard procedures and eligibility criteria of the agency, including any special access approval required for access to such records or materials.

(3) The members of the Board, the Executive Secretary of 

the Board, and the members of the staff of the Board may 

not use any information acquired in the course of their official activities on the Board for nonofficial purposes.

(4) For purposes of any law or regulation governing 

access to classified information that pertains to the national security of the United States, and subject to any 

limitations on access arising under section 706(b), and to 

facilitate the advisory functions of the Board under this 

title, a member of the Board seeking access to a record or 

material under this title shall be deemed for purposes of 

this subsection to have a need to know the contents of the 

record or material.
76 | BASIC LAWS and AUTHORITIES 

(h) Compensation.—(1) Each member of the Board 

shall receive compensation at a rate not to exceed the daily equivalent of the annual rate of basic pay payable for 

positions at ES–1 of the Senior Executive Service under 

section 5382 of title 5, United States Code, for each day 

such member is engaged in the actual performance of duties of the Board.

(2) Members of the Board shall be allowed travel expenses, including per diem in lieu of subsistence at rates 

authorized for employees of agencies under subchapter I 

of chapter 57 of title 5, United States Code, while away 

from their homes or regular places of business in the performance of the duties of the Board.

(i) Guidance; Annual Budget.—(1) On behalf of the 

President, the Assistant to the President for National 

Security Affairs shall provide guidance on policy to the 

Board.

(2) The Executive Secretary of the Board, under the direction of the Chairperson of the Board and the Board, 

and acting in consultation with the Archivist of the United States, the Assistant to the President for National Security Affairs, and the Director of the Office of Management 

and Budget, shall prepare the annual budget of the Board.

(j) Support.—The Information Security Oversight Office may support the activities of the Board under this title. 

Such support shall be provided on a reimbursable basis.

(k) Public Availability of Records and Reports.—(1) 

The Board shall make available for public inspection records of its proceedings and reports prepared in the course 

of its activities under this title to the extent such records 

and reports are not classified and would not be exempt 

from release under the provisions of section 552 of title 5, 

United States Code.

(2) In making records and reports available under paragraph (1), the Board shall coordinate the release of such 

records and reports with appropriate officials from agencies with expertise in classified information in order to 

ensure that such records and reports do not inadvertently 

contain classified information.

(l) Applicability of Certain Administrative Laws.—The 

provisions of the Federal Advisory Committee Act (5 

U.S.C. App.) shall not apply to the activities of the Board 

under this title. However, the records of the Board shall 

be governed by the provisions of the Federal Records Act 

of 1950 [see References in Text note undersection 450j of 

Title 25, Indians].

SEC. 704. IDENTIFICATION, COLLECTION, 

AND REVIEW FOR DECLASSIFICATION OF 

INFORMATION OF ARCHIVAL VALUE OR 

EXTRAORDINARY PUBLIC INTEREST.

(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 3(4) of 

the National Security Act of 1947 (50 U.S.C. 401a(4)) 

[now 50 U.S.C. 3003(4)].

(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 703(k), 

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.
BASIC LAWS and AUTHORITIES | 77

(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, United States Code, 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 title 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 703(b)(5).

(2) Authority of board.—Upon receiving a congressional request described in section 703(b)(5), 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 703(b)(5),[sic] 

shall be submitted to the chairman and ranking minority 

member of the committee of Congress that made the request relating to such recommendations.

SEC. 705. PROTECTION OF NATIONAL 

SECURITY INFORMATION AND OTHER 

INFORMATION.

(a) In General.—Nothing in this title shall be construed 

to limit the authority of the head of an agency to classify 

information or to continue the classification of information previously classified by that agency.

(b) Special Access Programs.—Nothing in this title 

shall be construed to limit the authority of the head of an 

agency to grant or deny access to a special access program.

(c) Authorities of Director of National Intelligence.—

Nothing in this title shall be construed to limit the authorities of the Director of National Intelligence as the head 

of the intelligence community, including the Director’s 

responsibility to protect intelligence sources and methods from unauthorized disclosure as required by section 

103(c)(6) of the National Security Act of 1947 ([former] 

50 U.S.C. 403–3(c)(6)) [see 50 U.S.C. 3024(i)].

(d) Exemptions to Release of Information.—Nothing 

in this title shall be construed to limit any exemption or 

exception to the release to the public under this title of 

information that is protected under subsection (b) of section 552 of title 5, United States Code (commonly referred to as the ‘Freedom of Information Act’), or section 

552a of title 5, United States Code (commonly referred to 

as the ‘Privacy Act’).

(e) Withholding Information From Congress.—Nothing in this title shall be construed to authorize the withholding of information from Congress.

SEC. 706. STANDARDS AND PROCEDURES.

(a) Liaison.—(1) The head of each agency with the authority under an Executive order to classify information 

and the head of each Federal Presidential library shall 

designate an employee of such agency or library to act as 

liaison to the Board for purposes of this title.
78 | BASIC LAWS and AUTHORITIES 

(2) The Board may establish liaison and otherwise consult with such other historical and advisory committees as 

the Board considers appropriate for purposes of this title.

(b) Limitations on Access.—(1)(A) Except as provided 

in paragraph (2), if the head of an agency or the head of 

a Federal Presidential library determines it necessary to 

deny or restrict access of the Board, or of the agency or 

library liaison to the Board, to information contained in 

a record or material, in whole or in part, the head of the 

agency or the head of the library shall promptly notify the 

Board in writing of such determination.

(B) Each notice to the Board under subparagraph (A) 

shall include a description of the nature of the records or 

materials, and a justification for the determination, covered by such notice.

(2) In the case of a determination referred to in paragraph (1) with respect to a special access program created 

by the Secretary of Defense, the Director of National Intelligence, or the head of any other agency, the notification of denial of access under paragraph (1), including a 

description of the nature of the Board’s request for access, 

shall be submitted to the Assistant to the President for 

National Security Affairs rather than to the Board.

(c) Discretion To Disclose.—At the conclusion of a declassification review, the head of an agency may, in the 

discretion of the head of the agency, determine that the 

public’s interest in the disclosure of records or materials 

of the agency covered by such review, and still properly 

classified, outweighs the Government’s need to protect 

such records or materials, and may release such records or 

materials in accordance with the provisions of Executive 

Order No. 12958 [formerly set out below] or any successor order to such Executive order.

(d) Discretion To Protect.—At the conclusion of a declassification review, the head of an agency may, in the 

discretion of the head of the agency, determine that the 

interest of the agency in the protection of records or materials of the agency covered by such review, and still properly classified, outweighs the public’s need for access to 

such records or materials, and may deny release of such 

records or materials in accordance with the provisions 

of Executive Order No. 12958 or any successor order to 

such Executive order.

(e) Reports.—(1)(A) Except as provided in paragraph 

(2), the Board shall annually submit to the appropriate 

congressional committees a report on the activities of the 

Board under this title, including summary information 

regarding any denials to the Board by the head of an agency or the head of a Federal Presidential library of access to 

records or materials under this title.

(B) In this paragraph, the term ‘appropriate congressional committees’ means the Select Committee on Intelligence and the Committee on Governmental Affairs [now 

Committee on Homeland Security and Governmental 

Affairs] of the Senate and the Permanent Select Committee on Intelligence and the Committee on Government 

Reform [now Committee on Oversight and Government 

Reform] of the House of Representatives.

(2) Notwithstanding paragraph (1), notice that the 

Board has been denied access to records and materials, 

and a justification for the determination in support of the 

denial, shall be submitted by the agency denying the access as follows:

(A) In the case of the denial of access to a special access program created by the Secretary of Defense, to the 

Committees on Armed Services and Appropriations of 

the Senate and to the Committees on Armed Services 

and Appropriations of the House of Representatives.

(B) In the case of the denial of access to a special access program created by the Director of National Intelligence, or by the head of any other agency (including 

the Department of Defense) if the special access program pertains to intelligence activities, or of access to 

any information and materials relating to intelligence 

sources and methods, to the Select Committee on Intelligence of the Senate and the Permanent Select Committee on Intelligence of the House of Representatives.

(C) In the case of the denial of access to a special 

access program created by the Secretary of Energy or 

the Administrator for Nuclear Security, to the Committees on Armed Services and Appropriations and the 

Select Committee on Intelligence of the Senate and to 

the Committees on Armed Services and Appropriations 

and the Permanent Select Committee on Intelligence of 

the House of Representatives.

(f) Notification of Review.—In response to a specific 

congressional request for declassification review described 

in section 703(b)(5), the Board shall advise the originators of the request in a timely manner whether the Board 

intends to conduct such review.

SEC. 707. JUDICIAL REVIEW.
BASIC LAWS and AUTHORITIES | 79

Nothing in this title limits the protection afforded to 

any information under any other provision of law. This 

title is not intended and may not be construed to create 

any right or benefit, substantive or procedural, enforceable against the United States, its agencies, its officers, or 

its employees. This title does not modify in any way the 

substantive criteria or procedures for the classification of 

information, nor does this title create any right or benefit 

subject to judicial review.

SEC. 708. FUNDING.

(a) Authorization of Appropriations.—There is hereby 

authorized to be appropriated to carry out the provisions 

of this title amounts as follows:

(1) For fiscal year 2001, $650,000.

(2) For each fiscal year after fiscal year 2001, such 

sums as may be necessary for such fiscal year.

(b) Funding Requests.—The President shall include in 

the budget submitted to Congress for each fiscal year under section 1105 of title 31, United States Code, a request 

for amounts for the activities of the Board under this title 

during such fiscal year.

SEC. 709. DEFINITIONS.

In this title:

(1) Agency.—(A) Except as provided in subparagraph (B), the term ‘agency’ means the following:

(i) An Executive agency, as that term is defined in 

section 105 of title 5, United States Code.

(ii) A military department, as that term is defined in 

section 102 of such title.

(iii) Any other entity in the executive branch that 

comes into the possession of classified information.

(B) The term does not include the Board.

(2) Classified material or record.—The terms ‘classified material’ and ‘classified record’ include any correspondence, memorandum, book, plan, map, drawing, 

diagram, pictorial or graphic work, photograph, film, 

microfilm, sound recording, videotape, machine readable 

records, and other documentary material, regardless of 

physical form or characteristics, that has been determined 

pursuant to Executive order to require protection against 

unauthorized disclosure in the interests of the national security of the United States.

(3) Declassification.—The term ‘declassification’ means 

the process by which records or materials that have been 

classified are determined no longer to require protection 

from unauthorized disclosure to protect the national security of the United States.

(4) Donated historical material.—The term ‘donated 

historical material’ means collections of personal papers 

donated or given to a Federal Presidential library or other 

archival repository under a deed of gift or otherwise.

(5) Federal presidential library.—The term ‘Federal 

Presidential library’ means a library operated and maintained by the United States Government through the 

National Archives and Records Administration under the 

applicable provisions of the Federal Records Act of 1950 

[see References in Text note under section 450j of Title 

25, Indians].

(6) National security.—The term ‘national security’ 

means the national defense or foreign relations of the 

United States.

(7) Records or materials of extraordinary public interest.—The term ‘records or materials of extraordinary 

public interest’ means records or materials that—

(A) demonstrate and record the national security 

policies, actions, and decisions of the United States, 

including—

(i) policies, events, actions, and decisions which led to 

significant national security outcomes; and

(ii) the development and evolution of significant United States national security policies, actions, and decisions;

(B) will provide a significantly different perspective 

in general from records and materials publicly available in other historical sources; and

(C) would need to be addressed through ad hoc record searches outside any systematic declassification 

program established under Executive order.

(8) Records of archival value.—The term ‘records of archival value’ means records that have been determined by 

the Archivist of the United States to have sufficient historical or other value to warrant their continued preservation 

by the Federal Government.

SEC. 710. EFFECTIVE DATE; SUNSET.

(a) Effective Date.—This title shall take effect on the 

date that is 120 days after the date of the enactment of 

this Act [Dec. 27, 2000].

(b) Sunset.—The provisions of this title shall expire on 

December 31, 2018.
80 | BASIC LAWS and AUTHORITIES 

SUMMARY OF NON-NARA STATUTES

ACCESS TO CLASSIFIED INFORMATION: 50 U.S.C. § 3161.

Public Law Number: Pub. L. 103-359, Oct. 14, 1994

Synopsis: This Act delegates authority to the President to establish procedures to govern access to 

classified information.

*** see Appendix, Executive Order #13526, ***

ADMINISTRATIVE DISPUTE RESOLUTION ACT: 5 U.S.C. §§ 571 TO 583

Public Law Number: Pub. L. 101-522, Nov. 15, 1990

Synopsis: The purpose of this Act is to permit Federal agencies to resolve administrative problems 

within the agency through the use of administrative dispute resolution proceedings.

ADMINISTRATIVE PROCEDURE ACT: 5 U.S.C. §§ 551 TO 559, 701 TO 706, 1305, 3105, 3344, 4301, 

5335, 5372, 7521

Public Law Number: (Act of June 11, 1946, ch. 324, 60 Stat. 237) Pub. L. 94-409 § 4(b) , Sept. 13, 1976; Pub. 

L. 103-272 § 5(a), July 5, 1994

Synopsis: The purpose of this Act is to create a comprehensive statute governing the procedures 

agencies must follow when performing their functions.

AMERICANS WITH DISABILITIES ACT OF 1990: 42 U.S.C § 12101 ET SEQ.

Public Law Number: Pub. L. 101-336, July 26, 1990

Synopsis: The purposes of this Act are to establish a national mandate for the elimination of 

discrimination against persons with disabilities and to provide clear standards that address 

discrimination against persons with disabilities. The Department of Justice encourages the 

government to comply with the ADA. 
BASIC LAWS and AUTHORITIES | 81

ANTI-DEFICIENCY ACT: 31 U.S.C. §§ 1341, 1342, 1349-1351, 1511-1519

Public Law Number: Pub. L. 97-258, Sept. 13, 1982; Pub. L. 101-508, Nov. 5, 1990

Synopsis: An officer or employee of the U.S. Government may not expend funds in excess of the 

amount available in the appropriations fund or before an appropriation is made available.

ANTI-NEPOTISM ACT: 5 U.S.C. § 3110

Public Law Number: Pub. L. 90-206, Dec. 16, 1967; Pub. L. 95-454, Title IX § 906(a)(2), Oct. 13, 1978

Synopsis: A public official is prohibited from employing, appointing, promoting, advancing or 

advocating for appointment, employment promotion or advancement any relative for a 

civilian position in the agency in which the public official is serving.

AUGMENTATION PROHIBITION: 31 U.S.C. §§ 1301 (A), 3302(B)

Public Law Number: Pub. L. 97-258, Sept. 13, 1982; Pub. L. 98-369, July 18, 1984; Pub. L. 103-272, July 5, 

1994; Pub. L. 103-429, Oct. 31, 1994, 105-277, Oct. 21, 1998; 106-31, Title V § 5005(l), 

May 21, 1999

Synopsis: This Act limits the use of appropriations only to those objects for which the appropriation 

was made. In addition, an agent of the Government, who receives money for the 

Government, shall deposit that money in the Treasury without deduction for any charge or 

claim.

DEBT COLLECTION ACT OF 1982: 31 U.S.C. §§ 3302, 3701, 3711, 3716 TO 3719

Public Law Number: Pub. L. 97-365, October 25, 1982

Synopsis: The Debt Collection Act expands the authority of agencies to recover general debts owed to 

the United States.

DEBT COLLECTION IMPROVEMENT ACT OF 1996: 31 U.S.C. §§ 3720B TO 3720D

Public Law Number: Pub. L. 104-134, Title III, ch. 10, § 31001, April 26, 1996; 104-134, Title III, ch. 10 § 

31001, April 26, 1996

Synopsis: This act amends the Debt Collection Act of 1982.
82 | BASIC LAWS and AUTHORITIES 

DEPOSITORY LIBRARY PROGRAM: 44 U.S.C. §§ 1901 TO 1916

Public Law Number: Pub. L. 90-620, Oct. 22, 1968; Pub. L. 92-368, Aug. 10, 1972; Pub.L. 95-261, Apr. 17, 

1978

Synopsis: Chapter 19 defines AGovernment Publication and describes how these documents will 

be made available to the public through depository libraries. The statute explains how 

depository libraries are selected and the requirements to which they must adhere.

ECONOMY IN GOVERNMENT ACT: 31 U.S.C. § 1535

Public Law Number: Pub. L. 97-258, Sept. 13, 1982; Pub. L. 98-216, Feb. 14, 1984

Synopsis: This Act allows a government agency to place orders for goods or services with another 

Government agency provided the order cannot be filled as cheaply or conveniently by a 

commercial contractor. 

ELECTRONIC FREEDOM OF INFORMATION ACT AMENDMENTS OF 1996: 5 U.S.C. § 552 NOTE

Public Law Number: Pub. L. 104-231, Oct. 2, 1996

Synopsis: EFOIA amends the Freedom of Information Act (5 U.S.C. §552), to provide for public 

access to information in an electronic format.

EMERGENCY PREPAREDNESS: 42 U.S.C. § 5195

Public Law Number: Pub. L. 93-288; Pub. L. 103-337, Oct. 5, 1994

Synopsis: This Act creates a system of emergency preparedness for all hazards which present a threat to 

life and property, as a joint effort with the states. 

EQUAL ACCESS TO JUSTICE ACT: 5 U.S.C. § 504

Public Law Number: Pub. L. 96-481, Oct. 21, 1980; Pub. L. 99-80, Aug. 5, 1985; Pub. L. 99-509, Oct. 21 1986; 

Pub. L. 99-514, Oct. 22, 1986; Pub. L. 100-647, Nov. 10, 1988; Pub. L. 103-141, Nov. 16, 

1993; Pub. L. 104-121, Title II § 231, March 29, 1996, Pub. L. 111-350, Jan. 4, 2011.

Synopsis: This Act permits a party, who prevails in an administrative proceeding against the United 

States, to request and receive fees and other expenses incurred by that party in connection 

with the proceedings. The request must be fully justified and documented, and the 

adjudicative officer of the agency may reduce or deny the amount to be awarded if the 

prevailing party acted unreasonably in incurring such costs. 
BASIC LAWS and AUTHORITIES | 83

ETHICS IN GOVERNMENT ACT OF 1978: 5 U.S.C. APP. 4 §§ 101 TO 111, 5 U.S.C. APP. 4 §§401 TO 

408, 5 U.S.C. APP. 4 §§ 501 TO 505, 28 U.S.C. §§ 591 TO 598, 5 U.S.C. § 49, 28 U.S.C. § 528, 529, 2 U.S.C. 

§ 288, 288(A) TO (L), 2 U.S.C. §118(A), 2 U.S.C. § 288(M), 28 U.S.C. § 1365 

Public Law Number: Pub. L. 95-521, Oct. 26, 1978

Synopsis: This Act creates the Federal system for regulating conflicts of interest.

ETHICS IN GOVERNMENT ACT AMENDMENTS OF 1982:

Public Law Number: Pub. L. 97-409, Jan. 3, 1983

Synopsis: This Act amends the 1978 Act.

ETHICS IN GOVERNMENT ACT AMENDMENTS OF 1985:

Public Law Number: Pub. L. 99-190, Title I, §148, Dec. 19, 1985

Synopsis: This Act amends the 1982 Act.

ETHICS IN GOVERNMENT ACT AMENDMENTS OF 1990:

Public Law Number: Pub. L. 101-334, July 16, 1990

Synopsis: This Act amends the 1985 Act.

ETHICS REFORM ACT OF 1989: 5 U.S.C. APP. 4 §§ 110 TO 111, 31 U.S.C. § 1353, 5 U.S.C. § 7353, 18 

U.S.C. § 216, 2 U.S.C. § 72A-1G, 26 U.S.C. § 1043, 5 U.S.C. § 3393A, 10 U.S.C. § 1601, 5 U.S.C. APP. 4 §§ 

501 TO 505, 2 U.S.C. §§ 362 TO 364, 2 U.S.C. § 29D 

Public Law Number: Pub. L. 101-194, Nov. 30, 1989

Synopsis: This Act addresses abuses uncovered during the Watergate period.

EXECUTIVE AND JUDICIARY PRINTING AND BINDING: 44 U.S.C. §§ 1101 TO 1123

Public Law Number: Pub. L. 90-620, Oct. 22, 1968; Pub. L. 97-164, Apr. 2, 1982; Pub. L. 94-273, Apr. 21, 

1976; Pub. L. 98-216, Feb. 14, 1984; Pub. L. 106-113, Nov. 29, 1998

Synopsis: Chapter 11 describes the procedures and policies with which the Executive and Judiciary 

branches must comply when printing public documents. This chapter specifically addresses 

the printing of periodicals and annual reports.
84 | BASIC LAWS and AUTHORITIES 

FEDERAL ACTIVITIES INVENTORY REFORM ACT: 31 U.S.C. § 501 NOTE.

Public Law Number: Pub. L. 105-270, Oct. 19, 1998

Synopsis: The FAIR Act provides a process for identifying the functions of the Federal Government 

that are not inherently Governmental functions. The Act also provides for the publication of 

lists of these functions in the Federal Register.

FEDERAL ADVISORY COMMITTEE ACT: 5 U.S.C. APP. 2 (1999)

Public Law Number: Pub. L. 92-463, October 6, 1972, 86 Stat. 770, as amended by Pub. L. 94-409, §5(c), Sept. 

13, 1976, 90 Stat. 1247; Pub. L. 96-523, §2, Dec. 12, 1980, 94 Stat. 3040; Pub. L. 97-375, 

title II, §201(c), Dec. 21, 1982, 96 Stat. 1822; Pub. L. 105-153, §1, Dec. 17, 1997, 111 

Stat. 2688. 

Synopsis: The FACA regulates the formation and operation of advisory committees by Federal agencies 

in the Executive Branch.

FEDERAL TORT CLAIMS ACT: 28 U.S.C. §§ 1291, 1346, 1402, 2401, 2402, 2411, 2412, 2671 TO 2680

Public Law Number: (FTCA) (Aug. 2, 1946, ch. 753, Title IV, 60 Stat. 842)

Synopsis: This Act waives the sovereign immunity of the U.S. Government for specified torts, which 

allows claimants to bring suit for such torts.

GOVERNMENT IN THE SUNSHINE ACT: 5 U.S.C. § 552B

Public Law Number: Pub. L. 94-409, Sept. 13, 1976; Pub. L. 104-66, Dec. 21, 1995

Synopsis: This Act provides that every meeting held by an agency will be open to public observation. 

Certain meetings are exempt from this requirement, such as those which would disclose 

information that must remain secret as established by an Executive Order or statute, 

meetings involving information that relates solely to internal practices of the agency or 

meetings which would disclose information that would violate personal privacy. 
BASIC LAWS and AUTHORITIES | 85

GOVERNMENT PAPERWORK ELIMINATION ACT: 44 U.S.C. § 3504 NOTE.

Public Law Number: Pub. L. No. 105-277, Div. C, Title XVII, §§ 1701 to 1710, Oct. 21, 1998

Synopsis: The GPEA directs the Office of Management and Budget (OMB) to develop procedures for 

the use and acceptance of electronic signatures by Executive agencies. The Act also directs 

the OMB to develop procedures to permit private employers to store and file electronically 

with Executive agencies forms containing information pertaining to the employees of such 

employers. 

GOVERNMENT PERFORMANCE AND RESULTS ACT: 31 U.S.C. § 1101 NOTE, 31 U.S.C. § 1115 NOTE

Public Law Number: Pub. L. No. 103-62, Aug. 3, 1993

Synopsis: The GPRA provides for the establishment of strategic planning and performance 

measurement in the Federal Government. The Act requires Executive agency heads to 

submit to the Director of the Office of Management and Budget (OMB) and the Congress a 

strategic plan for performance goals of their agency’s program activities.

HOBBY PROTECTION ACT: 15 U.S.C. §§ 2101 - 2106

Public Law Number: Pub. L. 93-167, Nov. 29, 1973

Synopsis: This Act prohibits the introduction into commerce of any imitation political or numismatic 

items that are not marked with the date of manufacture. The purpose of this Act is to protect 

the value of original political and numismatic items. The Federal Trade Commission, the 

agency responsible for enforcing this Act, has promulgated regulations which detail the 

marking requirements for these items.

INFORMATION TECHNOLOGY MANAGEMENT REFORM ACT: 40 U.S.C. §§ 11101-11103, 11301 

-11303, 11311-11318, 11331-11332, 11501-11502, 11521-11522, 11701-11704

Public Law Number: Pub. L. 104-106, Div. E, Feb. 10, 1996

Synopsis: The ITMRA, now known as the Clinger-Cohen Act, requires the heads of Federal agencies 

to link information technology investments to agency accomplishments. The Clinger-Cohen 

Act also requires that agency heads establish a process to select, manage, and control their 

information technology investments.
86 | BASIC LAWS and AUTHORITIES 

PAPERWORK REDUCTION ACT: 44 U.S.C. §§ 3501 TO 3520

Public Law Number: Pub. L. 104-13, May 22, 1995

Synopsis: There are several purposes of this Act. They are to minimize paperwork for individuals, 

businesses, and the Government; minimize the cost to the Government of collecting, 

maintaining, and disseminating information; maximizing the usefulness of information 

collected by the Government; create Federal law on the collection and dissemination of 

information uniform; reduce fraud and waste, and to assure the privacy and confidentiality 

are preserved; including the requirements of the Privacy Act.

PAY RATES AND SYSTEMS: 5 U.S.C. § 5314

Public Law Number: Pub. L. 104-293, Oct. 11, 1996; Pub. L. 108-447, Dec. 8, 2004

Synopsis: This Act lists personnel, including the Archivist, to whom Level III of the Executive 

Schedule applies.

PUBLIC PRINTING AND DOCUMENTS: 44 U.S.C. CHAPTER 19

Public Law Number: Pub. L. 96-620, Oct. 20, 1968; Pub. L. 92-368, Aug. 10, 1972; Pub. L. 95-261, April 17, 

1978

Synopsis: This Act governs Government documents and their availability through depository library 

programs.

REGULATORY NEGOTIATION ACT: 5 U.S.C. § 561 ET SEQ. 

Public Law Number: Pub. L. 101-648, Nov. 29, 1990; Pub. L. 102-354, Aug. 26, 1992; Pub. L. 104-320, Oct. 

19, 1996

Synopsis: This Act establishes a framework for negotiated rulemaking. Agencies may establish 

negotiated rulemaking committees to develop rules according to specific requirements set out 

in §565-568 of this Act. 
BASIC LAWS and AUTHORITIES | 87

REHABILITATION ACT: 29 U.S.C. § 701 ET SEQ.

Public Law Number: Pub. L. 93-112, Sept. 26, 1973; Pub. L. 95-602, Nov. 6, 1978; Pub. L. 99-506, Oct. 21, 

1986; Pub. L. 102-569, Oct. 29, 1992

Synopsis: The purpose of the Act is to promote the Federal Government’s involvement in employing 

individuals with disabilities.

USE OF GOVERNMENT VEHICLES: 31 U.S.C. § 1344

Public Law Number: Pub. L. 97-258, Sept. 13, 1982; Pub. L. 99-550, Oct. 27, 1986; Pub. L. 100-180, Dec. 4, 

1987; Pub. L. 100-202, Dec. 22, 1987; Pub. L. 101-510, Nov. 5, 1990; Pub. L. 103-272, 

July 5, 1994; Pub. L. 104-91, Jan. 6, 1996; Pub. L. 104-99, Jan. 26, 1996; Pub. L. 108-7, 

Feb. 20, 2003

Synopsis: This Act limits the use of Government vehicles to official purposes. Use of Government 

vehicles for transportation from a residence to place of employment is not considered an 

official purpose, subject to certain exceptions (e.g., field work, when it is essential for the safe 

and efficient performance of intelligence and other related duties or for the transportation of 

specific Government officials).

WHISTLEBLOWER PROTECTION ACT OF 1989: 5 U.S.C. §§ 1211 TO 1219, 1221, 1222, 3352

Public Law Number: Pub. L. 101-12, April 10, 1989; Pub. L. 103-424, Oct. 29, 1994

Synopsis: This Act protects employees who disclose evidence of gross mismanagement or a violation of 

any rule, law or regulation.

WHISTLEBLOWER PROTECTION LAWS: 18 U.S.C. § 1031, 10 U.S.C. § 2409, 29 U.S.C. § 1855, 49 U.S.C. 

§ 31105, 42 U.S.C. §§ 9610, 5851, 6971, 7622, 300J-9, 46 U.S.C. APP. § 1506, 30 U.S.C. §§ 1293, 815, 15 

U.S.C. §§ 2622, 2651, 33 U.S.C. § 1367 

Public Law Number: Pub. L. 100-700, § 2(a), Nov. 19, 1988; Pub. L. 101-123, § 2(a), Oct. 23, 1989; Pub. L. 

103-322, Title XXXIII, § 330002(a), (f), September 13, 1994

Synopsis: These laws pertain to the specific agencies and/or private industries as relevant to the 

Whistleblower Protection Act.
88 | BASIC LAWS and AUTHORITIES 

1952 EXCHANGE OF CORRESPONDENCE BETWEEN 

THE DIRECTOR OF THE BUREAU OF CENSUS AND THE 

ARCHIVIST OF THE UNITED STATES

[referenced in 44 U.S.C. 2108 (b)]

DEPARTMENT OF COMMERCE, BUREAU OF 

CENSUS,

Washington, D.C. August 26, 1952.

Dr. WAYNE C. GROVER,

Archivist of the United States,

Washington, D.C.

DEAR DR. GROVER: It is the policy of the Bureau of 

the Census to provide the maximum physical protection 

for the records which document its major programs, and 

make available to as many people as possible the information contained in such records consistent with national 

security and the rights of individuals concerned. With 

these ends in mind, we wish to make the following proposals concerning the custody, maintenance and use of 

the records of individuals enumerated in decennial population censuses: 

The Bureau of the Census will transfer to the National 

Archives and Records Service (1) the original schedules of 

each decennial population census when they are no longer 

required by the Bureau of the Census for active statistical 

use and when the National Archives and Records Service 

can provide space and service for them; (2) the negative 

microfilm of such schedules when the Bureau of the Census has obtained a positive copy of the microfilm; and 

(3) the positive microfilm of these schedules when they 

are no longer required by the Bureau of the Census in its 

personal census service activities.

The Bureau of the Census desires that the National 

Archives and Records Service observe the following provisions pertaining to the use and maintenance of these 

records subsequent to their transfer:

A. All negative microfilm copies of decennial population census schedules transferred to the National 

Archives and Records Service shall be preserved as the 

permanent records of such censuses. These negative 

copies will not be used as searching media or inserted 

in reading devices except when necessary for inspection 

incident to the proper maintenance of such records.

B. The National Archives and Records Service will, 

upon request by the Bureau of the Census, furnish positive prints of any negative microfilm which has been 

transferred to the former agency. The charge for this 

service will be the cost of the positive film and its development, plus a service charge of not more than ten 

percent.

C. At no time after the National Archives and Records Service has accepted custody of both the negative 

and positive microfilm copies of the schedules of a census will both negative and positive copies of that census 

be kept in the same city.

D. After the lapse of seventy-two years from the enumeration date of a decennial census, the National Archives and Records Service may disclose information 

contained in these records for use in legitimate historical, genealogical or other worth-while research, provided adequate precautions are taken to make sure that the 

information disclosed is not to be used to the detriment 

of any of the persons whose records are involved. Prior 

to the lapse of time specified above, the information 

will be disclosed only by the Bureau of the Census from 

microphotographic or other records in its possession. 

Please let us know if these provisions are acceptable 

to you. If they are, we shall make the necessary arrangements to effect the movement of records now eligible 

for transfer.

Sincerely yours,

Roy V. Peel,

Director.

***
BASIC LAWS and AUTHORITIES | 89

October 10, 1952

Dr. Roy V. Peel

Director, Bureau of the Census,

Department of Commerce, Washington, D.C.

DEAR DR. PEEL: This is in reply to our offer to transfer periodically to the National Archives and Records Service the original schedules of each decennial population 

census when these are no longer needed for active statistical use, the negative microfilm of those population census 

schedules for which the Bureau of the Census possesses 

adequate positive microfilm copies, and the positive microfilm copies of those population census schedules which 

the Bureau of the Census no longer desires to retain for 

reference use.

In view of the established policy of the National Archives and Records Service to relieve agencies of records 

accumulations no longer needed for current use, and to 

preserve those records deemed to be of permanent value, 

I am, in principle, in agreement with the transfer policy 

stated in your letter of August 26, 1952. 

I am also in agreement with the conditions you state 

with respect to the use and maintenance of these records 

(1) that the master set of negative microfilm to be transferred shall be preserved as the permanent records of the 

decennial population census schedules, and that the master negatives and the positive microfilm copies shall not 

be kept in the same city; (2) that the National Archives 

and Records Service will furnish the Bureau of the Census 

with positive prints of the negative microfilm whenever 

requested, and that the charge for such service shall not 

exceed the cost of the positive film and its development 

plus an overhead of not more than ten percent, provided, 

however, that the production of the initial set of positive 

microfilm copies of a decennial population census shall 

be the responsibility of the Bureau of the Census; and (3) 

that after “seventy-two years from the enumeration date 

of a decennial census, the National Archives and Records 

Service may disclose information contained in these records for use in legitimate historical, genealogical or other 

worth-while research.”

With respect to the foregoing restrictions on disclosure of information it is understood that the applicable 

conditions of legitimacy will be those now in force, (1) 

a searcher’s reputation as in fact a research worker or 

professional genealogist; (2) a searcher’s connection with 

an established institution of learning or research; (3) a 

searcher’s connection with the person or family whose 

records are desired, either by immediate relationship 

or by authorization; and (4) the lapse of time since the 

appearance of possibly detrimental information, considered in conjunction with the legitimacy of public or 

scholarly interest in the factual data relating to a historical personage.

In accordance with these mutually acceptable provisions, at your convenience we are prepared to make the 

necessary arrangements to effect the movement of records 

now eligible for transfer.

Sincerely yours,

Wayne C. Grover,

Archivist of the United States.
90 | BASIC LAWS and AUTHORITIES 

EXECUTIVE ORDER 11440—

PROVIDING FOR THE SUPPLEMENTAL 

USE OF EXHIBITS AND DISPLAYS CREATED 

IN FURTHERANCE OF AUTHORIZED PROGRAMS 

OF EXECUTIVE DEPARTMENTS AND AGENCIES

Source: The provisions of Executive Order 11440 of Dec. 11, 1968, 

appear at 33 FR 18475, 3 CFR, 1966-1970 Comp., p. 756, unless otherwise noted.

WHEREAS the executive departments and agencies of the 

Government, in discharging their various responsibilities, 

create a large volume of materials (including books, 

correspondence, documents, papers, pamphlets, works 

of art, models, pictures, photographs, plats, maps, films, 

motion pictures, sound recordings, and other objects of 

historical or commemorative value) which from time 

to time are incorporated into or reproduced for use in 

exhibits or other types of visual displays needed for use in 

carrying out their programs; and

WHEREAS under Chapter 21 of Title 44, United States 

Code, the Archivist of the United States is authorized to 

accept for deposit in the National Archives of the United 

States the records of any Federal agency or of the Congress 

of the United States that are determined by the Archivist 

to have sufficient historical or other value to warrant their 

continued preservation by the United States Government, 

as well as the papers and other historical materials of any 

official or former official of the Government, and to make 

provisions for the exhibition of materials transferred to 

him; and

WHEREAS many of the exhibits and displays so 

prepared, produced, or otherwise created by the executive 

departments and agencies possess historical significance 

which warrants their preservation and exhibition as part 

of the archival and cultural heritage of the United States:

NOW, THEREFORE, by virtue of the authority vested 

in me as President of the United States, it is hereby 

ordered as follows:

Section 1. The heads of all executive departments and 

agencies are directed—

(a) when initiating plans for the preparation, production, 

or other creation of exhibits and displays in furtherance 

of their program missions, to confer with the Archivist 

of the United States, or his designee, for the purpose 

of assuring that any such exhibits or displays which the 

Archivist finds appropriate for supplemental exhibition as 

part of the archival and cultural heritage of the United 

States are prepared, produced, or otherwise created in a 

manner which assures, to the maximum possible extent, 

their appropriateness, after they have served their primary 

program purpose, for such supplemental exhibition, and

(b) to transfer to the Archivist, without reimbursement, 

such exhibits or displays as he determines are appropriate 

for such supplemental exhibition after they have served 

their primary program purpose, subject to such conditions 

requiting return to the department or agency of all or any 

of the materials incorporated in the exhibits or displays as 

may be mutually agreeable.

[Preamble and sec. 1 amended by Executive Order 12608 

of Sept. 9, 1987, 52 FR 34617, 3 CFR, 1987 Comp., p. 

245]

Sec. 2. The Archivist of the United States is directed to—

(a) provide advice, counsel, and assistance to the heads 

of executive departments and agencies in the preparation, 

production, or other creation of exhibits and displays 

which he finds will have future value for exhibition as 

part of the archival and cultural heritage of the United 

States; and
BASIC LAWS and AUTHORITIES | 91

(b) accept any such exhibit or display when it has served 

its primary program purpose and (1) arrange for its 

supplemental exhibition as appropriate, (2) preserve any 

such exhibit or display which possesses sufficient historical 

or other value to warrant continued preservation, or 

(3) dispose of any such exhibit or display when, in his 

judgment, the reasons for its continued preservation or 

exhibition cease to exist, all subject to the conditions 

agreed upon incident to transfer to the Archivist of the 

United States of the exhibit or display.

[Sec. 2 amended by Executive Order 12608 of Sept. 9, 

1987, 52 FR 34617, 3 CFR, 1987 Comp., p. 245]
92 | BASIC LAWS and AUTHORITIES 

EXECUTIVE ORDER 12600—

PREDISCLOSURE NOTIFICATION PROCEDURES FOR 

CONFIDENTIAL COMMERCIAL INFORMATION

Source: The provisions of Executive Order 12600 of June 23, 1987,

appear at 52 FR 23781, 3 CFR, 1987 Comp., p. 235, unless otherwise noted.

By the authority vested in me as President by the 

Constitution and statutes of the United States of 

America, and in order to provide predisclosure 

notification procedures under the Freedom of 

Information Act concerning confidential commercial 

information, and to make existing agency notification 

provisions more uniform, it is hereby ordered as 

follows:

Section 1. The head of each Executive department and 

agency subject to the Freedom of Information Act shall, 

to the extent permitted by law, establish procedures to 

notify submitters of records containing confidential 

commercial information as described in section 3 of 

this Order, when those records are requested under the 

Freedom of Information Act (FOIA), 5 U.S.C. 552, as 

amended, if after reviewing the request, the responsive 

records, and any appeal by the requester, the department 

or agency determines that it may be required to disclose 

the records. Such notice requires that an agency use 

good faith efforts to advise submitters of confidential 

commercial information of the procedures established 

under this Order. Further, where notification of a 

voluminous number of submitters is required, such 

notification may be accomplished by posting or 

publishing the notice in a place reasonably calculated to 

accomplish notification.

Sec. 2. For purposes of this Order, the following 

definitions apply:

(a) “Confidential commercial information” means records 

provided to the government by a submitter that arguably 

contain material exempt from release under Exemption 4 

of the Freedom of Information Act, 5 U.S.C. 552(b)(4), 

because disclosure could reasonably be expected to cause 

substantial competitive harm.

(b) “Submitter” means any person or entity who 

provides confidential commercial information to the 

government. The term “submitter” includes, but is not 

limited to, corporations, state governments, and foreign 

governments.

Sec. 3. (a) For confidential commercial information 

submitted prior to January 1, 1988, the head of each 

Executive department or agency shall, to the extent 

permitted by law, provide a submitter with notice 

pursuant to section 1 whenever:

(i) the records are less than 10 years old and the information has been designated by the submitter as confidential commercial information; or

(ii) the department or agency has reason to believe that 

disclosure of the information could reasonably be expected to cause substantial competitive harm.

(b) For confidential commercial information submitted 

on or after January 1, 1988, the head of each Executive 

department or agency shall, to the extent permitted by law, 

establish procedures to permit submitters of confidential 

commercial information to designate, at the time the 

information is submitted to the Federal government 

or a reasonable time thereafter, any information the 

disclosure of which the submitter claims could reasonably 

be expected to cause substantial competitive harm. Such 

agency procedures may provide for the expiration, after 

a specified period of time or changes in circumstances, 

of designations of competitive harm made by submitters. 

Additionally, such procedures may permit the agency to 

designate specific classes of information that will be treated 

by the agency as if the information had been so designated 

by the submitter. The head of each Executive department 

or agency shall, to the extent permitted by law, provide 

the submitter notice in accordance with section 1 of this 
BASIC LAWS and AUTHORITIES | 93

Order whenever the department or agency determines 

that it may be required to disclose records:

(i) designated pursuant to this subsection; or

(ii) the disclosure of which the department or agency has reason to believe could reasonably be expected to 

cause substantial competitive harm,

Sec. 4. When notification is made pursuant to section 1, 

each agency’s procedures shall, to the extent permitted 

by law, afford the submitter a reasonable period of time 

in which the submitter or its designee may object to the 

disclosure of any specified portion of the information and 

to state all grounds upon which disclosure is opposed.

Sec. 5. Each agency shall give careful consideration to all 

such specified grounds for nondisclosure prior to making 

an administrative determination of the issue. In all instances 

when the agency determines to disclose the requested records, 

its procedures shall provide that the agency give the submitter 

a written statement briefly explaining why the submitter’s 

objections are not sustained. Such statement shall, to the 

extent permitted by law, be provided a reasonable number of 

days prior to a specified disclosure date.

Sec. 6. Whenever a FOIA requester brings suit seeking 

to compel disclosure of confidential commercial 

information, each agency’s procedures shall require that 

the submitter be promptly notified.

Sec. 7. The designation and notification procedures 

required by this Order shall be established by regulations, 

after notice and public comment. If similar procedures 

or regulations already exist, they should be reviewed 

for conformity and revised where necessary. Existing 

procedures or regulations need not be modified if they are 

in compliance with this Order.

Sec. 8. The notice requirements of this Order need not 

be followed if: 

(a) The agency determines that the information should 

not be disclosed;

(b) The information has been published or has been 

officially made available to the public;

(c) Disclosure of the information is required by law (other 

than 5 U.S.C. 552);

(d) The disclosure is required by an agency rule that (1) 

was adopted pursuant to notice and public comment, (2) 

specifies narrow classes of records submitted to the agency 

that are to be released under the Freedom of Information 

Act, and (3) provides in exceptional circumstances for 

notice when the submitter provides written justification, 

at the time the information is submitted or a reasonable 

time thereafter, that disclosure of the information could 

reasonably be expected to cause substantial competitive 

harm;

(e) The information requested is not designated by the 

submitter as exempt from disclosure in accordance with 

agency regulations promulgated pursuant to section 7, 

when the submitter had an opportunity to do so at the 

time of submission of the information or a reasonable 

time thereafter, unless the agency has substantial reason 

to believe that disclosure of the information would result 

in competitive harm; or

(f) The designation made by the submitter in accordance 

with agency regulations promulgated pursuant to section 

7 appears obviously frivolous; except that, in such case, 

the agency must provide the submitter with written notice 

of any final administrative disclosure determination 

within a reasonable number of days prior to the specified 

disclosure date.

Sec. 9. Whenever an agency notifies a submitter that it may 

be required to disclose information pursuant to section 1 

of this Order, the agency shall also notify the requester that 

notice and an opportunity to comment are being provided 

the submitter. Whenever an agency notifies a submitter of a 

final decision pursuant to section 5 of this Order, the agency 

shall also notify the requester.

Sec. 10. This Order is intended only to improve the 

internal management of the Federal government, and is 

not intended to create any right or benefit, substantive 

or procedural, enforceable at law by a party against the 

United States, its agencies, its officers, or any person.
94 | BASIC LAWS and AUTHORITIES 

EXECUTIVE ORDER 12829—

NATIONAL INDUSTRIAL SECURITY PROGRAM

Ex. Ord. No. 12829, Jan. 6, 1993, 58 F.R. 3479, as amended by Ex. Ord. No. 12885, Dec. 14, 1993, 58 F.R. 65863, provided:

This order establishes a National Industrial Security 

Program to safeguard Federal Government classified 

information that is released to contractors, licensees, and 

grantees of the United States Government. To promote 

our national interests, the United States Government 

issues contracts, licenses, and grants to nongovernment 

organizations. When these arrangements require access to 

classified information, the national security requires that 

this information be safeguarded in a manner equivalent to 

its protection within the executive branch of Government. 

The national security also requires that our industrial 

security program promote the economic and technological 

interests of the United States. Redundant, overlapping, 

or unnecessary requirements impede those interests. 

Therefore, the National Industrial Security Program shall 

serve as a single, integrated, cohesive industrial security 

program to protect classified information and to preserve 

our Nation’s economic and technological interests.

Therefore, by the authority vested in me as President 

by the Constitution and the laws of the United States 

of America, including the Atomic Energy Act of 1954, 

as amended (42 U.S.C. 2011–2286) [42 U.S.C. 2011 

et seq.], the National Security Act of 1947, as amended 

(codified as amended in scattered sections of the United 

States Code) [50 U.S.C. 3001 et seq.], and the Federal 

Advisory Committee Act, as amended (5 U.S.C. App. 2) 

[5 U.S.C. App.], it is hereby ordered as follows:

PART 1. ESTABLISHMENT AND POLICY

Section 101. Establishment. (a) There is established a 

National Industrial Security Program. The purpose 

of this program is to safeguard classified information 

that may be released or has been released to current, 

prospective, or former contractors, licensees, or grantees 

of United States agencies. For the purposes of this order, 

the terms “contractor, licensee, or grantee” means current, 

prospective, or former contractors, licensees, or grantees 

of United States agencies. The National Industrial 

Security Program shall be applicable to all executive 

branch departments and agencies.

(b) The National Industrial Security Program shall provide 

for the protection of information classified pursuant to 

Executive Order No. 12356 of April 2, 1982 [formerly set 

out above], or its successor, and the Atomic Energy Act of 

1954, as amended [42 U.S.C. 2011 et seq.].

(c) For the purposes of this order, the term “contractor” 

does not include individuals engaged under personal 

services contracts.

Sec. 102. Policy Direction. (a) The National Security 

Council shall provide overall policy direction for the 

National Industrial Security Program.

(b) The Director of the Information Security Oversight 

Office, established under Executive Order No. 12356 of 

April 2, 1982 [formerly set out above], shall be responsible 

for implementing and monitoring the National Industrial 

Security Program and shall:

(1) develop, in consultation with the agencies, and promulgate subject to the approval of the National Security 

Council, directives for the implementation of this order, 

which shall be binding on the agencies;

(2) oversee agency, contractor, licensee, and grantee 

actions to ensure compliance with this order and implementing directives;

(3) review all agency implementing regulations, internal rules, or guidelines. The Director shall require any regulation, rule, or guideline to be changed if it is not consistent with this order or implementing directives. Any such 

decision by the Director may be appealed to the National 

Security Council. The agency regulation, rule, or guideline shall remain in effect pending a prompt decision on 

the appeal;

(4) have the authority, pursuant to terms of applicable contracts, licenses, grants, or regulations, to conduct 

on-site reviews of the implementation of the National 

Industrial Security Program by each agency, contractor, 
BASIC LAWS and AUTHORITIES | 95

licensee, and grantee that has access to or stores classified information and to require of each agency, contractor, licensee, and grantee those reports, information, and 

other cooperation that may be necessary to fulfill the Director’s responsibilities. If these reports, inspections, or 

access to specific classified information, or other forms of 

cooperation, would pose an exceptional national security 

risk, the affected agency head or the senior official designated under section 203(a) of this order may request the 

National Security Council to deny access to the Director. 

The Director shall not have access pending a prompt decision by the National Security Council;

(5) report any violations of this order or its implementing directives to the head of the agency or to the senior official designated under section 203(a) of this order so that 

corrective action, if appropriate, may be taken. Any such 

report pertaining to the implementation of the National Industrial Security Program by a contractor, licensee, 

or grantee shall be directed to the agency that is exercising operational oversight over the contractor, licensee, or 

grantee under section 202 of this order;

(6) consider and take action on complaints and suggestions from persons within or outside the Government 

with respect to the administration of the National Industrial Security Program;

(7) consider, in consultation with the advisory committee established by this order, affected agencies, contractors, licensees, and grantees, and recommend to the 

President through the National Security Council changes 

to this order; and

(8) report at least annually to the President through the 

National Security Council on the implementation of the 

National Industrial Security Program.

(c) Nothing in this order shall be construed to supersede 

the authority of the Secretary of Energy or the Nuclear 

Regulatory Commission under the Atomic Energy Act 

of 1954, as amended [42 U.S.C. 2011 et seq.], or the 

authority of the Director of Central Intelligence under 

the National Security Act of 1947, as amended [50 

U.S.C. 3001 et seq.], or Executive Order No. 12333 of 

December 8, 1981 [50 U.S.C. 3001 note].

Sec. 103. National Industrial Security Program Policy 

Advisory Committee. (a) Establishment. There is established 

the National Industrial Security Program Policy 

Advisory Committee (“Committee”). The Director of 

the Information Security Oversight Office shall serve as 

Chairman of the Committee and appoint the members of 

the Committee. The members of the Committee shall be 

the representatives of those departments and agencies most 

affected by the National Industrial Security Program and 

nongovernment representatives of contractors, licensees, 

or grantees involved with classified contracts, licenses, or 

grants, as determined by the Chairman.

(b) Functions. (1) The Committee members shall advise 

the Chairman of the Committee on all matters concerning 

the policies of the National Industrial Security Program, 

including recommended changes to those policies as 

reflected in this order, its implementing directives, or the 

operating manual established under this order, and serve 

as a forum to discuss policy issues in dispute.

(2) The Committee shall meet at the request of the 

Chairman, but at least twice during the calendar year.

(c) Administration. (1) Members of the Committee 

shall serve without compensation for their work on the 

Committee. However, nongovernment 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. 

5701–5707).

(2) To the extent permitted by law and subject to the 

availability of funds, the Administrator of General Services shall provide the Committee with administrative 

services, facilities, staff, and other support services necessary for the performance of its functions.

(d) General. Notwithstanding any other Executive order, 

the functions of the President under the Federal Advisory 

Committee Act, as amended [5 U.S.C. App.], except that 

of reporting to the Congress, which are applicable to the 

Committee, shall be performed by the Administrator 

of General Services in accordance with the guidelines 

and procedures established by the General Services 

Administration.

PART 2. OPERATIONS

Sec. 201. National Industrial Security Program Operating 

Manual. (a) The Secretary of Defense, in consultation 

with all affected agencies and with the concurrence 
96 | BASIC LAWS and AUTHORITIES 

of the Secretary of Energy, the Nuclear Regulatory 

Commission, and the Director of Central Intelligence, 

shall issue and maintain a National Industrial Security 

Program Operating Manual (“Manual”). The Secretary 

of Energy and the Nuclear Regulatory Commission 

shall prescribe and issue that portion of the Manual 

that pertains to information classified under the Atomic 

Energy Act of 1954, as amended [42 U.S.C. 2011 et 

seq.]. The Director of Central Intelligence shall prescribe 

and issue that portion of the Manual that pertains to 

intelligence sources and methods, including Sensitive 

Compartmented Information.

(b) The Manual shall prescribe specific requirements, 

restrictions, and other safeguards that are necessary to 

preclude unauthorized disclosure and control authorized 

disclosure of classified information to contractors, 

licensees, or grantees. The Manual shall apply to the 

release of classified information during all phases of 

the contracting process including bidding, negotiation, 

award, performance, and termination of contracts, the 

licensing process, or the grant process, with or under the 

control of departments or agencies.

(c) The Manual shall also prescribe requirements, 

restrictions, and other safeguards that are necessary 

to protect special classes of classified information, 

including Restricted Data, Formerly Restricted Data, 

intelligence sources and methods information, Sensitive 

Compartmented Information, and Special Access 

Program information.

(d) In establishing particular requirements, restrictions, 

and other safeguards within the Manual, the Secretary of 

Defense, the Secretary of Energy, the Nuclear Regulatory 

Commission, and the Director of Central Intelligence 

shall take into account these factors: (i) the damage to 

the national security that reasonably could be expected to 

result from an unauthorized disclosure; (ii) the existing or 

anticipated threat to the disclosure of information; and 

(iii) the short- and long-term costs of the requirements, 

restrictions, and other safeguards.

(e) To the extent that is practicable and reasonable, the 

requirements, restrictions, and safeguards that the Manual 

establishes for the protection of classified information by 

contractors, licensees, and grantees shall be consistent 

with the requirements, restrictions, and safeguards that 

directives implementing Executive Order No. 12356 of 

April 2, 1982 [formerly set out above], or the Atomic 

Energy Act of 1954, as amended, establish for the 

protection of classified information by agencies. Upon 

request by the Chairman of the Committee, the Secretary 

of Defense shall provide an explanation and justification 

for any requirement, restriction, or safeguard that results 

in a standard for the protection of classified information 

by contractors, licensees, and grantees that differs from 

the standard that applies to agencies.

(f) The Manual shall be issued to correspond as closely as 

possible to pertinent decisions of the Secretary of Defense 

and the Director of Central Intelligence made pursuant 

to the recommendations of the Joint Security Review 

Commission and to revisions to the security classification 

system that result from Presidential Review Directive 29, 

but in any event no later than June 30, 1994.

Sec. 202. Operational Oversight. (a) The Secretary of 

Defense shall serve as Executive Agent for inspecting and 

monitoring the contractors, licensees, and grantees who 

require or will require access to, or who store or will store 

classified information; and for determining the eligibility 

for access to classified information of contractors, 

licensees, and grantees and their respective employees. 

The heads of agencies shall enter into agreements with 

the Secretary of Defense that establish the terms of the 

Secretary’s responsibilities on behalf of these agency 

heads.

(b) The Director of Central Intelligence retains authority 

over access to intelligence sources and methods, including 

Sensitive Compartmented Information. The Director 

of Central Intelligence may inspect and monitcr [sic] 

contractor, licensee, and grantee programs and facilities 

that involve access to such information or may enter into 

written agreements with the Secretary of Defense, as 

Executive Agent, to inspect and monitor these programs 

or facilities, in whole or in part, on the Director’s behalf.

(c) The Secretary of Energy and the Nuclear Regulatory 

Commission retain authority over access to information 

under their respective programs classified under the 

Atomic Energy Act of 1954, as amended [42 U.S.C. 2011 

et seq.]. The Secretary or the Commission may inspect 

and monitor contractor, licensee, and grantee programs 

and facilities that involve access to such information or 
BASIC LAWS and AUTHORITIES | 97

may enter into written agreements with the Secretary of 

Defense, as Executive Agent, to inspect and monitor these 

programs or facilities, in whole or in part, on behalf of the 

Secretary or the Commission, respectively.

(d) The Executive Agent shall have the authority to 

issue, after consultation with affected agencies, standard 

forms or other standardization that will promote the 

implementation of the National Industrial Security 

Program.

Sec. 203. Implementation. (a) The head of each agency 

that enters into classified contracts, licenses, or grants shall 

designate a senior agency official to direct and administer 

the agency’s implementation and compliance with the 

National Industrial Security Program.

(b) Agency implementing regulations, internal rules, 

or guidelines shall be consistent with this order, its 

implementing directives, and the Manual. Agencies shall 

issue these regulations, rules, or guidelines no later than 

180 days from the issuance of the Manual. They may 

incorporate all or portions of the Manual by reference.

(c) Each agency head or the senior official designated 

under paragraph (a) above shall take appropriate and 

prompt corrective action whenever a violation of this 

order, its implementing directives, or the Manual occurs.

(d) The senior agency official designated under paragraph 

(a) above shall account each year for the costs within 

the agency associated with the implementation of the 

National Industrial Security Program. These costs shall 

be reported to the Director of the Information Security 

Oversight Office, who shall include them in the reports 

to the President prescribed by this order.

(e) The Secretary of Defense, with the concurrence of 

the Administrator of General Services, the Administrator 

of the National Aeronautics and Space Administration, 

and such other agency heads or officials who may 

be responsible, shall amend the Federal Acquisition 

Regulation to be consistent with the implementation of 

the National Industrial Security Program.

(f) All contracts, licenses, or grants that involve access to 

classified information and that are advertised or proposed 

following the issuance of agency regulations, rules, or 

guidelines described in paragraph (b) above shall comply 

with the National Industrial Security Program. To the 

extent that is feasible, economical, and permitted by 

law, agencies shall amend, modify, or convert preexisting 

contracts, licenses, or grants, or previously advertised or 

proposed contracts, licenses, or grants, that involve access 

to classified information for operation under the National 

Industrial Security Program. Any direct inspection or 

monitoring of contractors, licensees, or grantees specified 

by this order shall be carried out pursuant to the terms of 

a contract, license, grant, or regulation.

(g) [Amended Ex. Ord. No. 10865, set out above.]

(h) All delegations, rules, regulations, orders, directives, 

agreements, contracts, licenses, and grants issued under 

preexisting authorities, including section 1(a) and (b) of 

Executive Order No. 10865 of February 20, 1960, as 

amended, by Executive Order No. 10909 of January 17, 

1961, and Executive Order No. 11382 of November 27, 

1967, shall remain in full force and effect until amended, 

modified, or terminated pursuant to authority of this 

order.

(i) This order shall be effective immediately.
98 | BASIC LAWS and AUTHORITIES 

EXECUTIVE ORDER 12937—

DECLASSIFICATION OF SELECTED RECORDS WITHIN 

THE NATIONAL ARCHIVES OF THE UNITED STATES

Source: The provisions of Executive Order 12937 of November 10, 1994, appear at 3 CFR, 1994 Comp., p. 949.

By the authority vested in me as President by the 

Constitution and the laws of the United States of America, 

it is hereby ordered:

Section 1. The records in the National Archives of the 

United States referenced in the list accompanying this 

order are hereby declassified.

Sec. 2. The Archivist of the United States shall take such 

actions as are necessary to make such records available for 

public research no later than 30 days from the date of this 

Order, except to the extent that the head of an affected 

agency and the Archivist have determined that specific 

information within such records must be protected from 

disclosure pursuant to an authorized exemption to the 

Freedom of Information Act, 5 U.S.C. 552, other than the 

exemption that pertains to national security information.

Sec. 3. Nothing contained in this order shall create any 

right or benefit, substantive or procedural, enforceable 

by any party against the United States, its agencies or 

instrumentalities, its officers or employees, or any other 

person.

I. All unreviewed World War II and earlier records, 

including:

A. RG 18, Army Air Forces 1,722,400 pp.

B. RG 65, Federal Bureau of Investigation 362,500 pp.

C. RG 127, United States Marine Corps 195,000 pp.

D. RG 216, Office of Censorship 112,500 pp.

E. RG 226, Office of Strategic Services 415,000 pp.

F. RG 60, United States Occupation Headquarters 

4,422,500 pp.

G. RG 331, Allied Operational and Occupation Headquarters, World War II (including 350 reels of Allied 

Force Headquarters) 3,097,500 pp.

H. RG 332, United States Theaters of War, World War 

II 1,182,500 pp.

I. RG 338, Mediterranean Theater of Operations and 

European Command 9,500,000 pp.Subtotal for World 

War II and earlier 21.0 million pp.

II. Post1945 Collections (Military and Civil)

A. RG 19, Bureau of Ships, Pre1950 General Correspondence (selected records) 1,732,500 pp.

B. RG 51, Bureau of the Budget, 52.12 Budget Preparation Branch, 1952–69 142,500 pp.

C. RG 72, Bureau of Aeronautics (Navy) (selected records) 5,655,000 pp.

D. RG 166, Foreign Agricultural Service, Narrative Reports,

1955–61 1,272,500 pp.

E. RG 313, Naval Operating Forces (selected records) 

407,500 pp.

F. RG 319, Office of the Chief of Military History 

Manuscripts and Background Papers (selected records) 

933,000 pp.

G. RG 337, Headquarters, Army Ground Forces (selected records) 1,269,700 pp.

H. RG 341, Headquarters, United States Air Force (selected records) 4,870,000pp.

I. RG 389, Office of the Provost Marshal General (selected records) 448,000 pp.

J. RG 391, United States Army Regular Army Mobil 

Units 240,000 pp.

K. RG 428, General Records of the Department of the 

Navy (selected records) 31,250 pp.

L. RG 472, Army Vietnam Collection (selected records) 5,864,000 pp.

Subtotal for Other 22.9 million pp.

TOTAL 43.9 million pp.
BASIC LAWS and AUTHORITIES | 99

EXECUTIVE ORDER 12968—

ACCESS TO CLASSIFIED INFORMATION

Source: Ex. Ord. No. 12968, Aug. 2, 1995, 60 F.R. 40245, as amended by 

Ex. Ord. No. 13467, §3(b), June 30, 2008, 73 F.R. 38107, provided:

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 

[formerly set out above], or any successor order, Executive 

Order No. 12951 [set out above], or any successor order, 

or the Atomic Energy Act of 1954 (42 U.S.C. 2011 

[et seq.]), to require protection against unauthorized 

disclosure.

(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.
100 | BASIC LAWS and AUTHORITIES 

(i) “Overseas Security Executive Agent” 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 Executive Agent” means the Security 

Executive Agent 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 [formerly set 

out above], 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.

(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[(6)]);

(B) consumer reports pertaining to the employee under 

the Fair Credit Reporting Act (15 U.S.C. 1681a [1681 

et seq.]); 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 [of 

1978, 12 U.S.C. 3401 et seq.], the Fair Credit Reporting 

Act [15 U.S.C. 1681 et seq.] 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 

[sic] [et seq.]) [now 50 U.S.C. 3121 et seq.];
BASIC LAWS and AUTHORITIES | 101

(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 [42 U.S.C. 2165(f)]).

(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 Executive Agent.

(c) Not later than 180 days after the effective date of 

this order, the Security Executive Agent 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

(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 
102 | BASIC LAWS and AUTHORITIES 

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 (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 

investigations 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.
BASIC LAWS and AUTHORITIES | 103

(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 Government 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 or appropriate automated 

procedures. 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.

(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 Executive Agent 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 
104 | BASIC LAWS and AUTHORITIES 

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 Executive Agent 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 Executive Agent not later than 180 days after the 

effective date of this order.

(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 Executive Agent shall develop a 

common set of reinvestigative standards, including the 

frequency of reinvestigations.

Sec. 3.5. Continuous Evaluation. An individual who 

has been determined to be eligible for or who currently 

has access to classified information shall be subject to 
BASIC LAWS and AUTHORITIES | 105

continuous evaluation under standards (including, but 

not limited to, the frequency of such evaluation) as 

determined by the Director of National Intelligence.

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.

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 (5 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.

(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 
106 | BASIC LAWS and AUTHORITIES 

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 Executive 

Agent, 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 Executive Agent.

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 Executive Agent Responsibilities and 

Implementation. (a) With respect to actions taken by the 

Security Executive Agent pursuant to sections 1.3(c), 

3.1(f), 3.2(b), 3.3(a)(2), and 3.4(c) of this order, the 

Director of National Intelligence shall serve as the final 

authority for implementation.

(b) Any guidelines, standards, or procedures developed by 

the Security Executive Agent 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 Executive Agent shall consult where appropriate 

with the Overseas Security Executive Agent. In carrying 

out its responsibilities under section 1.3(c) of this order, 

the Security Executive Agent 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.).
BASIC LAWS and AUTHORITIES | 107

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;

(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 [5 U.S.C. 7311 note], 

the denial and revocation procedures provided to 

individuals covered by Executive Order No. 10865, 

as amended [set out above], or access by historical 

researchers and former presidential appointees under 

Executive Order No. 12958 [formerly set out above] 

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.
108 | BASIC LAWS and AUTHORITIES 

EXECUTIVE ORDER 13467—

REFORMING PROCESSES RELATED TO SUITABILITY 

FOR GOVERNMENT EMPLOYMENT, FITNESS FOR 

CONTRACTOR EMPLOYEES, AND ELIGIBILITY FOR ACCESS 

TO CLASSIFIED NATIONAL SECURITY INFORMATION

Ex. Ord. No. 13467, June 30, 2008, 73 F.R. 38103, provided:

By the authority vested in me as President by the 

Constitution and the laws of the United States of America, 

and in order to ensure an efficient, practical, reciprocal, 

and aligned system for investigating and determining 

suitability for Government employment, contractor 

employee fitness, and eligibility for access to classified 

information, while taking appropriate account of title III 

of Public Law 108–458, it is hereby ordered as follows:

PART 1—POLICY, APPLICABILITY, AND 

DEFINITIONS

Section 1.1. Policy. Executive branch policies and 

procedures relating to suitability, contractor employee 

fitness, eligibility to hold a sensitive position, access to 

federally controlled facilities and information systems, 

and eligibility for access to classified information shall be 

aligned using consistent standards to the extent possible, 

provide for reciprocal recognition, and shall ensure costeffective, timely, and efficient protection of the national 

interest, while providing fair treatment to those upon 

whom the Federal Government relies to conduct our 

Nation’s business and protect national security.

Sec. 1.2. Applicability. (a) This order applies to all covered 

individuals as defined in section 1.3(g), except that:

(i) the provisions regarding eligibility for physical access to federally controlled facilities and logical access to 

federally controlled information systems do not apply to 

individuals exempted in accordance with guidance pursuant to the Federal Information Security Management Act 

(title III ofPublic Law 107–347) and Homeland Security 

Presidential Directive 12; and

(ii) the qualification standards for enlistment, appointment, and induction into the Armed Forces pursuant to 

title 10, United States Code, are unaffected by this order.

(b) This order also applies to investigations and 

determinations of eligibility for access to classified 

information for employees of agencies working in 

or for the legislative or judicial branches when those 

investigations or determinations are conducted by the 

executive branch.

Sec. 1.3. Definitions. For the purpose of this order: (a) 

“Adjudication” means the evaluation of pertinent data in 

a background investigation, as well as any other available 

information that is relevant and reliable, to determine 

whether a covered individual is:

(i) suitable for Government employment;

(ii) eligible for logical and physical access;

(iii) eligible for access to classified information;

(iv) eligible to hold a sensitive position; or

(v) fit to perform work for or on behalf of the Government as a contractor employee.

(b) “Agency” means any “Executive agency” as defined in 

section 105 of title 5, United States Code, including the 

“military departments,” as defined in section 102 of title 

5, United States Code, and any other entity within the 

executive branch that comes into possession of classified 

information or has designated positions as sensitive, 

except such an entity headed by an officer who is not a 

covered individual.

(c) “Classified information” means information that has 
BASIC LAWS and AUTHORITIES | 109

been determined pursuant to Executive Order 12958 of 

April 17, 1995, as amended [formerly set out above], or a 

successor or predecessor order, or the Atomic Energy Act 

of 1954 (42 U.S.C. 2011 et seq.) to require protection 

against unauthorized disclosure.

(d) “Continuous evaluation” means reviewing the 

background of an individual who has been determined to 

be eligible for access to classified information (including 

additional or new checks of commercial databases, 

Government databases, and other information lawfully 

available to security officials) at any time during the 

period of eligibility to determine whether that individual 

continues to meet the requirements for eligibility for 

access to classified information.

(e) “Contractor” means an expert or consultant (not 

appointed under section 3109 of title 5, United States 

Code) to an agency; an industrial or commercial 

contractor, licensee, certificate holder, or grantee of any 

agency, including all subcontractors; a personal services 

contractor; or any other category of person who performs 

work for or on behalf of an agency (but not a Federal 

employee).

(f) “Contractor employee fitness” means fitness based on 

character and conduct for work for or on behalf of the 

Government as a contractor employee.

(g) “Covered individual” means a person who performs 

work for or on behalf of the executive branch, or who 

seeks to perform work for or on behalf of the executive 

branch, but does not include:

(i) the President or (except to the extent otherwise directed by the President) employees of the President under 

section 105 or 107 of title 3, United States Code; or

(ii) the Vice President or (except to the extent otherwise directed by the Vice President) employees of the Vice 

President under section 106 of title 3 or annual legislative 

branch appropriations acts.

(h) “End-to-end automation” means an executive branchwide federated system that uses automation to manage 

and monitor cases and maintain relevant documentation 

of the application (but not an employment application), 

investigation, adjudication, and continuous evaluation 

processes.

(i) “Federally controlled facilities” and “federally controlled information systems” have the meanings prescribed 

in guidance pursuant to the Federal Information Security 

Management Act (title III of Public Law 107–347) and 

Homeland Security Presidential Directive 12.

(j) “Logical and physical access” means access other than 

occasional or intermittent access to federally controlled 

facilities or information systems.

(k) “Sensitive position” means any position so designated 

under Executive Order 10450 of April 27, 1953, as 

amended.

(l) “Suitability” has the meaning and coverage provided 

in 5 CFR Part 731.

PART 2—ALIGNMENT, RECIPROCITY, AND 

GOVERNANCE

Sec. 2.1. Aligned System. (a) Investigations and 

adjudications of covered individuals who require a 

determination of suitability, eligibility for logical and 

physical access, eligibility to hold a sensitive position, 

eligibility for access to classified information, and, as 

appropriate, contractor employee fitness, shall be aligned 

using consistent standards to the extent possible. Each 

successively higher level of investigation and adjudication 

shall build upon, but not duplicate, the ones below it.

(b) The aligned system shall employ updated and 

consistent standards and methods, enable innovations 

with enterprise information technology capabilities and 

end-to-end automation to the extent practicable, and 

ensure that relevant information maintained by agencies 

can be accessed and shared rapidly across the executive 

branch, while protecting national security, protecting 

privacy-related information, ensuring resulting decisions 

are in the national interest, and providing the Federal 

Government with an effective workforce.

(c) Except as otherwise authorized by law, background 

investigations and adjudications shall be mutually and 

reciprocally accepted by all agencies. An agency may 

not establish additional investigative or adjudicative 

requirements (other than requirements for the conduct 

of a polygraph examination consistent with law, directive, 

or regulation) that exceed the requirements for suitability, 

contractor employee fitness, eligibility for logical or 
110 | BASIC LAWS and AUTHORITIES 

physical access, eligibility to hold a sensitive position, or 

eligibility for access to classified information without the 

approval of the Suitability Executive Agent or Security 

Executive Agent, as appropriate, and provided that 

approval to establish additional requirements shall be 

limited to circumstances where additional requirements 

are necessary to address significant needs unique to the 

agency involved or to protect national security.

Sec. 2.2. Establishment and Functions of Performance 

Accountability Council. (a) There is hereby established 

a Suitability and Security Clearance Performance 

Accountability Council (Council).

(b) The Deputy Director for Management, Office of 

Management and Budget, shall serve as Chair of the Council 

and shall have authority, direction, and control over the 

Council’s functions. Membership on the Council shall 

include the Suitability Executive Agent and the Security 

Executive Agent. The Chair shall select a Vice Chair to act 

in the Chair’s absence. The Chair shall have authority to 

designate officials from additional agencies who shall serve 

as members of the Council. Council membership shall 

be limited to Federal Government employees and shall 

include suitability and security professionals.

(c) The Council shall be accountable to the President to 

achieve, consistent with this order, the goals of reform, and 

is responsible for driving implementation of the reform 

effort, ensuring accountability by agencies, ensuring the 

Suitability Executive Agent and the Security Executive 

Agent align their respective processes, and sustaining 

reform momentum.

(d) The Council shall:

(i) ensure alignment of suitability, security, and, as appropriate, contractor employee fitness investigative and 

adjudicative processes;

(ii) hold agencies accountable for the implementation 

of suitability, security, and, as appropriate, contractor employee fitness processes and procedures;

(iii) establish requirements for enterprise information 

technology;

(iv) establish annual goals and progress metrics and prepare annual reports on results;

(v) ensure and oversee the development of tools and 

techniques for enhancing background investigations and 

the making of eligibility determinations;

(vi) arbitrate disparities in procedures between the Suitability Executive Agent and the Security Executive Agent;

(vii) ensure sharing of best practices; and

(viii) advise the Suitability Executive Agent and the Security Executive Agent on policies affecting the alignment 

of investigations and adjudications.

(e) The Chair may, to ensure the effective implementation 

of the policy set forth in section 1.1 of this order and to 

the extent consistent with law, assign, in whole or in part, 

to the head of any agency (solely or jointly) any function 

within the Council’s responsibility relating to alignment 

and improvement of investigations and determinations 

of suitability, contractor employee fitness, eligibility for 

logical and physical access, eligibility for access to classified 

information, or eligibility to hold a sensitive position.

Sec. 2.3. Establishment, Designation, and Functions 

of Executive Agents. (a) There is hereby established a 

Suitability Executive Agent and a Security Executive 

Agent.

(b) The Director of the Office of Personnel Management 

shall serve as the Suitability Executive Agent. As the 

Suitability Executive Agent, the Director of the Office of 

Personnel Management will continue to be responsible 

for developing and implementing uniform and consistent 

policies and procedures to ensure the effective, efficient, 

and timely completion of investigations and adjudications 

relating to determinations of suitability and eligibility for 

logical and physical access.

(c) The Director of National Intelligence shall serve as the 

Security Executive Agent. The Security Executive Agent:

(i) shall direct the oversight of investigations and determinations of eligibility for access to classified information or eligibility to hold a sensitive position made by any 

agency;

(ii) shall be responsible for developing uniform and 

consistent policies and procedures to ensure the effective, 

efficient, and timely completion of investigations and 

adjudications relating to determinations of eligibility for 
BASIC LAWS and AUTHORITIES | 111

access to classified information or eligibility to hold a sensitive position;

(iii) may issue guidelines and instructions to the heads 

of agencies to ensure appropriate uniformity, centralization, efficiency, effectiveness, and timeliness in processes 

relating to determinations by agencies of eligibility for 

access to classified information or eligibility to hold a sensitive position;

(iv) shall serve as the final authority to designate an 

agency or agencies to conduct investigations of persons 

who are proposed for access to classified information to 

ascertain whether such persons satisfy the criteria for obtaining and retaining access to classified information or 

eligibility to hold a sensitive position;

(v) shall serve as the final authority to designate an 

agency or agencies to determine eligibility for access to 

classified information in accordance with Executive Order 

12968 of August 2, 1995 [set out above];

(vi) shall ensure reciprocal recognition of eligibility 

for access to classified information among the agencies, 

including acting as the final authority to arbitrate and 

resolve disputes among the agencies involving the reciprocity of investigations and determinations of eligibility 

for access to classified information or eligibility to hold a 

sensitive position; and

(vii) may assign, in whole or in part, to the head of any 

agency (solely or jointly) any of the functions detailed in 

(i) through (vi), above, with the agency’s exercise of such 

assigned functions to be subject to the Security Executive 

Agent’s oversight and with such terms and conditions (including approval by the Security Executive Agent) as the 

Security Executive Agent determines appropriate.

(d) Nothing in this order shall be construed in a manner 

that would limit the authorities of the Director of the 

Office of Personnel Management or the Director of 

National Intelligence under law.

Sec. 2.4. Additional Functions. (a) The duties assigned to 

the Security Policy Board by Executive Order 12968 of 

August 2, 1995, to consider, coordinate, and recommend 

policy directives for executive branch security policies, 

procedures, and practices are reassigned to the Security 

Executive Agent.

(b) Heads of agencies shall:

(i) carry out any function assigned to the agency head 

by the Chair, and shall assist the Chair, the Council, the 

Suitability Executive Agent, and the Security Executive 

Agent in carrying out any function under sections 2.2 and 

2.3 of this order;

(ii) implement any policy or procedure developed pursuant to this order;

(iii) to the extent permitted by law, make available to 

the Performance Accountability Council, the Suitability 

Executive Agent, or the Security Executive Agent such information as may be requested to implement this order;

(iv) ensure that all actions taken under this order take 

account of the counterintelligence interests of the United 

States, as appropriate; and

(v) ensure that actions taken under this order are consistent with the President’s constitutional authority to:

(A) conduct the foreign affairs of the United States;

(B) withhold information the disclosure of which 

could impair the foreign relations, the national security, 

the deliberative processes of the Executive, or the performance of the Executive’s constitutional duties;

(C) recommend for congressional consideration such 

measures as the President may judge necessary or expedient; and

(D) supervise the unitary executive branch.

PART 3—MISCELLANEOUS

Sec. 3. General Provisions. (a) Executive Order 13381 of 

June 27, 2005, as amended, is revoked. Nothing in this 

order shall:

(i) supersede, impede, or otherwise affect:

(A) Executive Order 10450 of April 27, 1953, as 

amended;

(B) Executive Order 10577 of November 23, 1954, 

as amended;

(C) Executive Order 12333 of December 4, 1981, 

as amended;
112 | BASIC LAWS and AUTHORITIES 

(D) Executive Order 12829 of January 6, 1993, as 

amended; or

(E) Executive Order 12958 of April 17, 1995, as 

amended [formerly set out above]; nor

(ii) diminish or otherwise affect the denial and revocation procedures provided to individuals covered by Executive Order 10865 of February 20, 1960, as amended.

(b) [Amended Ex. Ord. No. 12968, set out above.]

(c) Nothing in this order shall supersede, impede, or 

otherwise affect the remainder of Executive Order 12968 

of August 2, 1995, as amended.

(d) [Amended Ex. Ord. No. 12171, set out as a note 

under section 7103 of Title 5, Government Organization 

and Employees.]

(e) Nothing in this order shall be construed to impair or 

otherwise affect the:

(i) authority granted by law to a department or agency, or 

the head thereof; or

(ii) functions of the Director of the Office of Management 

and Budget relating to budget, administrative, or 

legislative proposals.

(f) This order shall be implemented consistent with 

applicable law and subject to the availability of 

appropriations.

(g) Existing delegations of authority made pursuant to 

Executive Order 13381 of June 27, 2005, as amended, 

to any agency relating to granting eligibility for access 

to classified information and conducting investigations 

shall 13 [sic] remain in effect, subject to the exercise of 

authorities pursuant to this order to revise or revoke such 

delegation.

(h) 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.

(i) This order is intended only to improve the internal 

management of the executive branch and is not intended 

to, and does not, create any right or benefit, substantive or 

procedural, enforceable at law or in equity, by any party 

against the United States, its agencies, instrumentalities, 

or entities, its officers or employees, or any other person.
BASIC LAWS and AUTHORITIES | 113

EXECUTIVE ORDER 13489—

PRESIDENTIAL RECORDS

By the authority vested in me as President by the 

Constitution and the laws of the United States of 

America, and in order to establish policies and procedures 

governing the assertion of executive privilege by 

incumbent and former Presidents in connection with the 

release of Presidential records by the National Archives 

and Records Administration (NARA) pursuant to the 

Presidential Records Act of 1978, it is hereby ordered as 

follows:

Section 1. Definitions. For purposes of this order:

(a) “Archivist” refers to the Archivist of the United States 

or his designee.

(b) “NARA” refers to the National Archives and Records 

Administration.

(c) “Presidential Records Act” refers to the Presidential 

Records Act, 44 U.S.C. 2201-2207.

(d) “NARA regulations” refers to the NARA regulations 

implementing the Presidential Records Act, 36 C.F.R. 

Part 1270.

(e) “Presidential records” refers to those documentary 

materials maintained by NARA pursuant to the 

Presidential Records Act, including Vice Presidential 

records.

(f) “Former President” refers to the former President 

during whose term or terms of office particular Presidential 

records were created.

(g) A “substantial question of executive privilege” exists if 

NARA’s disclosure of Presidential records might impair 

national security (including the conduct of foreign 

relations), law enforcement, or the deliberative processes 

of the executive branch.

(h) A “final court order” is a court order from which no 

appeal may be taken.

Sec. 2. Notice of Intent to Disclose Presidential Records. 

(a) When the Archivist provides notice to the incumbent and 

former Presidents of his intent to disclose Presidential records 

pursuant to section 1270.46 of the NARA regulations, the 

Archivist, using any guidelines provided by the incumbent 

and former Presidents, shall identify any specific materials, 

the disclosure of which he believes may raise a substantial 

question of executive privilege. However, nothing in this 

order is intended to affect the right of the incumbent or 

former Presidents to invoke executive privilege with respect 

to materials not identified by the Archivist. Copies of the 

notice for the incumbent President shall be delivered to the 

President (through the Counsel to the President) and the 

Attorney General (through the Assistant Attorney General 

for the Office of Legal Counsel). The copy of the notice 

for the former President shall be delivered to the former 

President or his designated representative.

(b) Upon the passage of 30 days after receipt by the 

incumbent and former Presidents of a notice of intent to 

disclose Presidential records, the Archivist may disclose 

the records covered by the notice, unless during that time 

period the Archivist has received a claim of executive 

privilege by the incumbent or former President or the 

Archivist has been instructed by the incumbent President 

or his designee to extend the time period for a time certain 

and with reason for the extension of time provided in the 

notice. If a shorter period of time is required under the 

circumstances set forth in section 1270.44 of the NARA 

regulations, the Archivist shall so indicate in the notice.

Sec. 3. Claim of Executive Privilege by Incumbent 

President. 

(a) Upon receipt of a notice of intent to disclose Presidential 

records, the Attorney General (directly or through the 

Assistant Attorney General for the Office of Legal Counsel) 

and the Counsel to the President shall review as they deem 

appropriate the records covered by the notice and consult 

with each other, the Archivist, and such other executive 
114 | BASIC LAWS and AUTHORITIES 

agencies as they deem appropriate concerning whether 

invocation of executive privilege is justified.

(b) The Attorney General and the Counsel to the 

President, in the exercise of their discretion and after 

appropriate review and consultation under subsection (a) 

of this section, may jointly determine that invocation of 

executive privilege is not justified. The Archivist shall be 

notified promptly of any such determination.

(c) If either the Attorney General or the Counsel to 

the President believes that the circumstances justify 

invocation of executive privilege, the issue shall be 

presented to the President by the Counsel to the President 

and the Attorney General.

(d) If the President decides to invoke executive 

privilege, the Counsel to the President shall notify 

the former President, the Archivist, and the Attorney 

General in writing of the claim of privilege and the 

specific Presidential records to which it relates. After 

receiving such notice, the Archivist shall not disclose 

the privileged records unless directed to do so by an 

incumbent President or by a final court order.

Sec. 4. Claim of Executive Privilege by Former President.

(a) Upon receipt of a claim of executive privilege by a 

living former President, the Archivist shall consult with 

the Attorney General (through the Assistant Attorney 

General for the Office of Legal Counsel), the Counsel to 

the President, and such other executive agencies as the 

Archivist deems appropriate concerning the Archivist’s 

determination as to whether to honor the former 

President’s claim of privilege or instead to disclose the 

Presidential records notwithstanding the claim of privilege. 

Any determination under section 3 of this order that 

executive privilege shall not be invoked by the incumbent 

President shall not prejudice the Archivist’s determination 

with respect to the former President’s claim of privilege.

(b) In making the determination referred to in subsection 

(a) of this section, the Archivist shall abide by any 

instructions given him by the incumbent President or his 

designee unless otherwise directed by a final court order. 

The Archivist shall notify the incumbent and former 

Presidents of his determination at least 30 days prior to 

disclosure of the Presidential records, unless a shorter 

time period is required in the circumstances set forth in 

section 1270.44 of the NARA regulations. Copies of the 

notice for the incumbent President shall be delivered to 

the President (through the Counsel to the President) and 

the Attorney General (through the Assistant Attorney 

General for the Office of Legal Counsel). The copy of the 

notice for the former President shall be delivered to the 

former President or his designated representative.

Sec. 5. General Provisions. 

(a) Nothing in this order shall be construed to impair or 

otherwise affect:

(i) authority granted by law to a department or agency, 

or the head thereof; or

(ii) functions of the Director of the Office of Management and Budget relating to budget, administrative, or 

legislative proposals.

(b) This order shall be implemented consistent 

with applicable law and subject to the availability of 

appropriations.

(c) This order is not intended to, and does not, create any 

right or benefit, substantive or procedural, enforceable at 

law or in equity by any party against the United States, its 

departments, agencies, or entities, its officers, employees, 

or agents, or any other person.

Sec. 6. Revocation. Executive Order 13233 of November 

1, 2001, is revoked.
BASIC LAWS and AUTHORITIES | 115

EXECUTIVE ORDER 13526—

CLASSIFIED NATIONAL SECURITY INFORMATION

This order prescribes a uniform system for classifying, 

safeguarding, and declassifying national security 

information, including information relating to defense 

against transnational terrorism. 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 both within the 

Government and to the American people. Nevertheless, 

throughout our history, the national defense has required 

that certain information be maintained in confidence in 

order to protect our citizens, our democratic institutions, 

our homeland security, and our interactions with 

foreign nations. Protecting information critical to our 

Nation’s security and demonstrating our commitment 

to open Government through accurate and accountable 

application of classification standards and routine, secure, 

and effective declassification are equally important 

priorities.

NOW, THEREFORE, I, BARACK OBAMA, 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. 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 1.4 of this order; 

and

(4) the original classification authority determines that 

the unauthorized disclosure of the information reasonably 

could be expected to result in damage to the national security, which includes defense against transnational terrorism, 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.

(d) The unauthorized disclosure of foreign government 

information is presumed to cause damage to the national 

security.

Sec. 1.2. 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.
116 | BASIC LAWS and AUTHORITIES 

(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. 1.3. Classification Authority. (a) The authority to 

classify information originally may be exercised only by:

(1) the President and the Vice President;

(2) agency heads and officials designated by the President; and

(3) United States Government officials delegated this 

authority pursuant to paragraph (c) of this section.

(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, the Vice President, or an 

agency head or official designated pursuant to paragraph 

(a)(2) of this section.

(3) “Secret” or “Confidential” original classification authority may be delegated only by the President, the Vice 

President, an agency head or official designated pursuant 

to paragraph (a)(2) of this section, or the senior agency 

official designated under section 5.4(d) of this order, 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.

(5) Delegations of original classification authority shall 

be reported or made available by name or position to the 

Director of the Information Security Oversight Office.

(d) All original classification authorities must receive training 

in proper classification (including the avoidance of overclassification) and declassification as provided in this order 

and its implementing directives at least once a calendar 

year. Such training must include instruction on the proper 

safeguarding of classified information and on the sanctions 

in section 5.5 of this order that may be brought against 

an individual who fails to classify information properly or 

protect classified information from unauthorized disclosure. 

Original classification authorities who do not receive such 

mandatory training at least once within a calendar year shall 

have their classification authority suspended by the agency 

head or the senior agency official designated under section 

5.4(d) of this order until such training has taken place. A 

waiver may be granted by the agency head, the deputy agency 

head, or the senior agency official if an individual is unable 

to receive such training due to unavoidable circumstances. 

Whenever a waiver is granted, the individual shall receive 

such training as soon as practicable.

(e) Exceptional cases. When an employee, government 

contractor, licensee, certificate holder, or grantee of an 

agency who 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.

Sec. 1.4. Classification Categories. Information shall not 

be considered for classification unless its unauthorized 

disclosure could reasonably be expected to cause 

identifiable or describable damage to the national security 

in accordance with section 1.2 of this order, and it pertains 

to one or more of the following:

(a) military plans, weapons systems, or operations;

(b) foreign government information;

(c) intelligence activities (including covert action), 

intelligence sources or methods, or cryptology;

(d) foreign relations or foreign activities of the United 

States, including confidential sources;
BASIC LAWS and AUTHORITIES | 117

(e) scientific, technological, or economic matters relating 

to the national security;

(f) United States Government programs for safeguarding 

nuclear materials or facilities;

(g) vulnerabilities or capabilities of systems, installations, 

infrastructures, projects, plans, or protection services 

relating to the national security; or

(h) the development, production, or use of weapons of 

mass destruction.

Sec. 1.5. Duration of Classification. (a) At the time of 

original classification, the original classification authority 

shall establish a specific date or event for declassification 

based on the duration of the national security sensitivity 

of the information. Upon reaching the date or event, the 

information shall be automatically declassified. Except 

for information that should clearly and demonstrably be 

expected to reveal the identity of a confidential human 

source or a human intelligence source or key design 

concepts of weapons of mass destruction, the date or event 

shall not exceed the time frame established in paragraph 

(b) of this section.

(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, unless the original 

classification authority otherwise determines that the 

sensitivity of the information requires that it be marked 

for declassification for up to 25 years from the date of the 

original decision.

(c) An original classification authority may extend the 

duration of classification up to 25 years from the date of 

origin of the document, change the level of classification, 

or reclassify specific information only when the standards 

and procedures for classifying information under this 

order are followed.

(d) No information may remain classified indefinitely. 

Information marked for an indefinite duration of 

classification under predecessor orders, for example, 

marked as “Originating Agency’s Determination 

Required,” or classified information that contains 

incomplete declassification instructions or lacks 

declassification instructions shall be declassified in 

accordance with part 3 of this order.

Sec. 1.6. Identification and Markings. (a) At the time of 

original classification, the following shall be indicated in a 

manner that is immediately apparent:

(1) one of the three classification levels defined in section 1.2 of this order;

(2) the identity, by name and position, or by personal 

identifier, 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 1.5(a);

(B) the date that is 10 years from the date of original 

classification, as prescribed in section 1.5(b);

(C) the date that is up to 25 years from the date of original 

classification, as prescribed in section 1.5(b); or

(D) in the case of information that should clearly and 

demonstrably be expected to reveal the identity of a 

confidential human source or a human intelligence source 

or key design concepts of weapons of mass destruction, 

the marking prescribed in implementing directives issued 

pursuant to this order; and

(5) a concise reason for classification that, at a minimum, cites the applicable classification categories in section 1.4 of this order.

(b) Specific information required in paragraph (a) of this 

section may be excluded if it would reveal additional 

classified information.

(c) With respect to each classified document, the agency 

originating the document shall, by marking or other 

means, indicate which portions are classified, with the 

applicable classification level, 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 

and revoke temporary waivers of this requirement. The 

Director shall revoke any waiver upon a finding of abuse.
118 | BASIC LAWS and AUTHORITIES 

(d) Markings or other indicia 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. Foreign government information retaining 

its original classification markings need not be assigned a 

U.S. classification marking provided that the responsible 

agency determines that the foreign government markings 

are adequate to meet the purposes served by U.S. 

classification markings.

(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 information 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 or prepare a product to allow for 

dissemination at the lowest level of classification possible 

or in unclassified form.

(h) Prior to public release, all declassified records shall be 

appropriately marked to reflect their declassification.

Sec. 1.7. Classification Prohibitions and Limitations. 

(a) In no case shall information be classified, continue to be 

maintained as classified, or fail to be declassified 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 the national security.

(b) Basic scientific research information not clearly related 

to the national security shall not be classified.

(c) Information may not be reclassified after declassification 

and release to the public under proper authority unless:

(1) the reclassification is personally approved in writing 

by the agency head based on a document-by-document 

determination by the agency that reclassification is required to prevent significant and demonstrable damage to 

the national security;

(2) the information may be reasonably recovered without bringing undue attention to the information;

(3) the reclassification action is reported promptly to 

the Assistant to the President for National Security Affairs 

(National Security Advisor) and the Director of the Information Security Oversight Office; and

(4) for documents in the physical and legal custody of 

the National Archives and Records Administration (National Archives) that have been available for public use, 

the agency head has, after making the determinations 

required by this paragraph, notified the Archivist of the 

United States (Archivist), who shall suspend public access pending approval of the reclassification action by the 

Director of the Information Security Oversight Office. 

Any such decision by the Director may be appealed by 

the agency head to the President through the National 

Security Advisor. Public access shall remain suspended 

pending a prompt decision on the appeal.

(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), the Presidential Records 

Act, 44 U.S.C. 2204(c)(1), the Privacy Act of 1974 (5 U.S.C. 

552a), or the mandatory review provisions of section 3.5 of 

this order only if such classification meets the requirements 

of this order and is accomplished on a document-bydocument 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 5.4 of 

this order. The requirements in this paragraph also apply to 

those situations in which information has been declassified 

in accordance with a specific date or event determined by 

an original classification authority in accordance with section 

1.5 of this order.
BASIC LAWS and AUTHORITIES | 119

(e) Compilations of items of information that 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 (2) is not otherwise revealed in the 

individual items of information.

Sec. 1.8. 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) of this section.

(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, including authorized holders 

outside the classifying agency, are encouraged and 

expected to challenge the classification of information 

that they believe is improperly classified or unclassified. 

These procedures shall ensure 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 (Panel) established by section 5.3 of this order.

(c) Documents required to be submitted for prepublication 

review or other administrative process pursuant to an approved 

nondisclosure agreement are not covered by this section.

Sec. 1.9. Fundamental Classification Guidance Review. 

(a) Agency heads shall complete on a periodic basis 

a comprehensive review of the agency’s classification 

guidance, particularly classification guides, to ensure the 

guidance reflects current circumstances and to identify 

classified information that no longer requires protection 

and can be declassified. The initial fundamental 

classification guidance review shall be completed within 

2 years of the effective date of this order.

(b) The classification guidance review shall include an 

evaluation of classified information to determine if it 

meets the standards for classification under section 1.4 of 

this order, taking into account an up-to-date assessment 

of likely damage as described under section 1.2 of this 

order.

(c) The classification guidance review shall include 

original classification authorities and agency subject 

matter experts to ensure a broad range of perspectives.

(d) Agency heads shall provide a report summarizing the 

results of the classification guidance review to the Director 

of the Information Security Oversight Office and shall 

release an unclassified version of this report to the public.

PART 2—DERIVATIVE CLASSIFICATION

Sec. 2.1. Use of Derivative Classification. (a) Persons who 

reproduce, extract, or summarize classified information, 

or who 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) be identified by name and position, or by personal 

identifier, in a manner that is immediately apparent for 

each derivative classification action;

(2) observe and respect original classification decisions; 

and

(3) 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, or the marking established pursuant to section 

1.6(a)(4)(D) of this order; and

(B) a listing of the source materials.

(c) Derivative classifiers shall, whenever practicable, use 

a classified addendum whenever classified information 

constitutes a small portion of an otherwise unclassified 

document or prepare a product to allow for dissemination 

at the lowest level of classification possible or in 

unclassified form.
120 | BASIC LAWS and AUTHORITIES 

(d) Persons who apply derivative classification markings 

shall receive training in the proper application of the 

derivative classification principles of the order, with an 

emphasis on avoiding over-classification, at least once 

every 2 years. Derivative classifiers who do not receive 

such training at least once every 2 years shall have their 

authority to apply derivative classification markings 

suspended until they have received such training. A waiver 

may be granted by the agency head, the deputy agency 

head, or the senior agency official if an individual is unable 

to receive such training due to unavoidable circumstances. 

Whenever a waiver is granted, the individual shall receive 

such training as soon as practicable.

Sec. 2.2. 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 ensure that 

classification guides are reviewed and updated as provided 

in directives issued under this order.

(d) Agencies shall incorporate original classification 

decisions into classification guides on a timely basis and 

in accordance with directives issued under this order.

(e) Agencies may incorporate exemptions from automatic 

declassification approved pursuant to section 3.3(j) of this 

order into classification guides, provided that the Panel 

is notified of the intent to take such action for specific 

information in advance of approval and the information 

remains in active use.

(f) The duration of classification of a document classified 

by a derivative classifier using a classification guide shall 

not exceed 25 years from the date of the origin of the 

document, except for:

(1) information that should clearly and demonstrably 

be expected to reveal the identity of a confidential human 

source or a human intelligence source or key design concepts of weapons of mass destruction; and

(2) specific information incorporated into classification 

guides in accordance with section 2.2(e) of this order.

PART 3—DECLASSIFICATION AND 

DOWNGRADING

Sec. 3.1. Authority for Declassification. (a) Information 

shall be declassified as soon as it no longer meets the 

standards for classification under this order.

(b) Information shall be declassified or downgraded by:

(1) the official who authorized the original classification, if that official is still serving in the same position and 

has original classification authority;

(2) the originator’s current successor in function, if that 

individual has original classification authority;

(3) a supervisory official of either the originator or his 

or her successor in function, if the supervisory official has 

original classification authority; or

(4) officials delegated declassification authority in writing by the agency head or the senior agency official of the 

originating agency.

(c) The Director of National Intelligence (or, if delegated 

by the Director of National Intelligence, the Principal 

Deputy Director of National Intelligence) may, with 

respect to the Intelligence Community, after consultation 

with the head of the originating Intelligence Community 

element or department, declassify, downgrade, or direct the 

declassification or downgrading of information or intelligence 

relating to intelligence sources, methods, or activities.

(d) 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, 
BASIC LAWS and AUTHORITIES | 121

whether the public interest in disclosure outweighs the 

damage to the 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.

(e) 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 National Security 

Advisor. The information shall remain classified pending 

a prompt decision on the appeal.

(f) 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.

(g) No information may be excluded from declassification 

under section 3.3 of this order based solely on the type 

of document or record in which it is found. Rather, the 

classified information must be considered on the basis of 

its content.

(h) Classified nonrecord materials, including artifacts, 

shall be declassified as soon as they no longer meet the 

standards for classification under this order.

(i) When making decisions under sections 3.3, 3.4, and 

3.5 of this order, agencies shall consider the final decisions 

of the Panel.

Sec. 3.2. Transferred Records. (a) In the case of classified 

records 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 records that are not officially 

transferred as described in paragraph (a) of this section, 

but that originated in an agency that has ceased to exist 

and for which there is no successor agency, each agency 

in possession of such records shall be deemed to be 

the originating agency for purposes of this order. Such 

records may be declassified or downgraded by the agency 

in possession of the records after consultation with any 

other agency that has an interest in the subject matter of 

the records.

(c) Classified records accessioned into the National 

Archives 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 classified records 

be accessioned into the National Archives when necessary 

to comply with the provisions of the Federal Records Act. 

This provision does not apply to records transferred to 

the Archivist pursuant to section 2203 of title 44, United 

States Code, or records for which the National Archives 

serves as the custodian of the records of an agency or 

organization that has gone 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 section 3.3 of this order.

Sec. 3.3. Automatic Declassification. (a) Subject to 

paragraphs (b)–(d) and (g)–(j) of this section, all classified 

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. 

All classified records shall be automatically declassified on 

December 31 of the year that is 25 years from the date 

of origin, except as provided in paragraphs (b)–(d) and 

(g)–(i) of this section. If the date of origin of an individual 

record cannot be readily determined, the date of original 

classification shall be used instead.

(b) An agency head may exempt from automatic 

declassification under paragraph (a) of this section 

specific information, the release of which should clearly 

and demonstrably be expected to:
122 | BASIC LAWS and AUTHORITIES 

(1) reveal the identity of a confidential human source, a 

human intelligence source, a relationship with an intelligence or security service of a foreign government or international organization, or a nonhuman intelligence source; 

or impair the effectiveness of an intelligence method currently in use, available for use, or under development;

(2) reveal information that would assist in the development, production, 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 formally named or numbered U.S. military 

war plans that remain in effect, or reveal operational or 

tactical elements of prior plans that are contained in such 

active plans;

(6) reveal information, including foreign government 

information, that would cause serious harm to relations 

between the United States and a foreign government, or 

to ongoing diplomatic activities of the United States;

(7) reveal information that would impair the current 

ability of United States Government officials to protect 

the President, Vice President, and other protectees for 

whom protection services, in the interest of the national 

security, are authorized;

(8) reveal information that would seriously impair current national security emergency preparedness plans or 

reveal current vulnerabilities of systems, installations, or 

infrastructures relating to the national security; or

(9) violate a statute, treaty, or international agreement 

that does not permit the automatic or unilateral declassification of information at 25 years.

(c)(1) An agency head shall notify the Panel of any specific 

file series of records for which a review or assessment 

has determined that the information within that file 

series almost invariably falls within one or more of the 

exemption categories listed in paragraph (b) of this section 

and that the agency proposes to exempt from automatic 

declassification at 25 years.

(2) The notification shall include:

(A) a description of the file series;

(B) 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

(C) except when the information within the file series almost invariably identifies a confidential human 

source or a human intelligence source or key design 

concepts of weapons of mass destruction, a specific date 

or event for declassification of the information, not to 

exceed December 31 of the year that is 50 years from 

the date of origin of the records.

(3) The Panel may direct the agency not to exempt a 

designated file series or to declassify the information within that series at an earlier date than recommended. The 

agency head may appeal such a decision to the President 

through the National Security Advisor.

(4) File series exemptions approved by the President 

prior to December 31, 2008, shall remain valid without 

any additional agency action pending Panel review by the 

later of December 31, 2010, or December 31 of the year 

that is 10 years from the date of previous approval.

(d) The following provisions shall apply to the onset of 

automatic declassification:

(1) Classified records within an integral file block, as 

defined in this order, that are otherwise subject to automatic declassification under this section shall not be automatically declassified until December 31 of the year that 

is 25 years from the date of the most recent record within 

the file block.

(2) After consultation with the Director of the National 

Declassification Center (the Center) established by section 3.7 of this order and before the records are subject to 

automatic declassification, an agency head or senior agency official may delay automatic declassification for up to 

five additional years for classified information contained 

in media that make a review for possible declassification 

exemptions more difficult or costly.

(3) Other than for records that are properly exempted 

from automatic declassification, records containing clas-
BASIC LAWS and AUTHORITIES | 123

sified information that originated with other agencies or 

the disclosure of which would affect the interests or activities of other agencies with respect to the classified information and could reasonably be expected to fall under 

one or more of the exemptions in paragraph (b) of this 

section shall be identified prior to the onset of automatic 

declassification for later referral to those agencies.

(A) The information of concern shall be referred by 

the Center established by section 3.7 of this order, or by 

the centralized facilities referred to in section 3.7(e) of 

this order, in a prioritized and scheduled manner determined by the Center.

(B) If an agency fails to provide a final determination on a referral made by the Center within 1 year 

of referral, or by the centralized facilities referred to in 

section 3.7(e) of this order within 3 years of referral, its 

equities in the referred records shall be automatically 

declassified.

(C) If any disagreement arises between affected agencies and the Center regarding the referral review period, 

the Director of the Information Security Oversight Office shall determine the appropriate period of review of 

referred records.

(D) Referrals identified prior to the establishment of 

the Center by section 3.7 of this order shall be subject 

to automatic declassification only in accordance with 

subparagraphs (d)(3)(A)–(C) of this section.

(4) After consultation with the Director of the Information Security Oversight Office, an agency head may 

delay automatic declassification for up to 3 years from the 

date of discovery of classified records that were inadvertently not reviewed prior to the effective date of automatic 

declassification.

(e) Information exempted from automatic declassification 

under this section shall remain subject to the mandatory 

and systematic declassification review provisions of this 

order.

(f) 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.

(g) The Secretary of Energy shall determine when 

information concerning foreign nuclear programs that 

was removed from the Restricted Data category in order 

to carry out provisions of the National Security Act of 

1947, as amended, may be declassified. Unless otherwise 

determined, such information shall be declassified when 

comparable information concerning the United States 

nuclear program is declassified.

(h) Not later than 3 years from the effective date 

of this order, all records exempted from automatic 

declassification under paragraphs (b) and (c) of this 

section shall be automatically declassified on December 

31 of a year that is no more than 50 years from the date of 

origin, subject to the following:

(1) Records that contain information the release of 

which should clearly and demonstrably be expected to 

reveal the following are exempt from automatic declassification at 50 years:

(A) the identity of a confidential human source or a 

human intelligence source; or

(B) key design concepts of weapons of mass destruction.

(2) In extraordinary cases, agency heads may, within 5 

years of the onset of automatic declassification, propose 

to exempt additional specific information from declassification at 50 years.

(3) Records exempted from automatic declassification 

under this paragraph shall be automatically declassified 

on December 31 of a year that is no more than 75 years 

from the date of origin unless an agency head, within 5 

years of that date, proposes to exempt specific information from declassification at 75 years and the proposal is 

formally approved by the Panel.

(i) Specific records exempted from automatic 

declassification prior to the establishment of the Center 

described in section 3.7 of this order shall be subject to the 
124 | BASIC LAWS and AUTHORITIES 

provisions of paragraph (h) of this section in a scheduled 

and prioritized manner determined by the Center.

(j) At least 1 year before information is subject to 

automatic declassification 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 Panel, of any specific 

information that the agency proposes to exempt from 

automatic declassification under paragraphs (b) and (h) 

of this section.

(1) The notification shall include:

(A) a detailed description of the information, either 

by reference to information in specific records or in the 

form of a declassification guide;

(B) an explanation of why the information should 

be exempt from automatic declassification and must remain classified for a longer period of time; and

(C) a specific date or a specific and independently 

verifiable event for automatic declassification of specific 

records that contain the information proposed for exemption.

(2) The Panel may direct the agency not to exempt the 

information or to declassify it at an earlier date than recommended. An agency head may appeal such a decision 

to the President through the National Security Advisor. 

The information will remain classified while such an appeal is pending.

(k) For information in a file series of records determined 

not to have permanent historical value, the duration of 

classification beyond 25 years shall be the same as the 

disposition (destruction) date of those records in each 

Agency Records Control Schedule or General Records 

Schedule, although the duration of classification shall 

be extended if the record has been retained for business 

reasons beyond the scheduled disposition date.

Sec. 3.4. 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 for records 

of permanent historical value exempted from automatic 

declassification under section 3.3 of this order. Agencies 

shall prioritize their review of such records in accordance 

with priorities established by the Center.

(b) The Archivist shall conduct a systematic 

declassification review program for classified records: (1) 

accessioned into the National Archives; (2) transferred to 

the Archivist pursuant to 44 U.S.C. 2203; and (3) for 

which the National Archives serves as the custodian for 

an agency or organization that has gone out of existence.

Sec. 3.5. Mandatory Declassification Review. (a) 

Except as provided in paragraph (b) of this section, 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 document or material containing the information responsive to the request is not contained within an 

operational file exempted from search and review, publication, and disclosure under 5 U.S.C. 552 in accordance 

with law; and

(3) the information is not the subject of pending litigation.

(b) Information originated by the incumbent President or 

the incumbent Vice President; the incumbent President’s 

White House Staff or the incumbent Vice President’s 

Staff; committees, commissions, or boards appointed 

by the incumbent President; or 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) of this section. However, the 

Archivist shall have the authority to review, downgrade, 

and declassify papers or records of former Presidents 

and Vice Presidents under the control of the Archivist 

pursuant to 44 U.S.C. 2107, 2111, 2111 note, or 2203. 

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 
BASIC LAWS and AUTHORITIES | 125

decision by the Archivist may be appealed by the requester 

or an agency to the 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) If an agency has reviewed the requested information 

for declassification within the past 2 years, the agency 

need not conduct another review and may instead inform 

the requester of this fact and the prior review decision 

and advise the requester of appeal rights provided under 

subsection (e) of this section.

(e) 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 decision to the Panel.

(f) After consultation with affected agencies, the 

Secretary of Defense shall develop special procedures 

for the review of cryptologic information; the Director 

of National Intelligence shall develop special procedures 

for the review of information pertaining to intelligence 

sources, methods, and activities; and the Archivist shall 

develop special procedures for the review of information 

accessioned into the National Archives.

(g) Documents required to be submitted for prepublication 

review or other administrative process pursuant to an 

approved nondisclosure agreement are not covered by 

this section.

(h) This section shall not apply to any request for a review 

made to an element of the Intelligence Community that 

is made by a person other than an individual as that 

term is defined by 5 U.S.C. 552a(a)(2), or by a foreign 

government entity or any representative thereof.

Sec. 3.6. Processing Requests and Reviews. Notwithstanding 

section 4.1(i) of this order, in response to a request for 

information under the Freedom of Information Act, the 

Presidential Records Act, the Privacy Act of 1974, or the 

mandatory review provisions of this order:

(a) An agency may refuse to confirm or deny the existence 

or nonexistence of requested records whenever the fact 

of their existence or nonexistence is itself classified under 

this order or its predecessors.

(b) When an agency receives any request for documents 

in its custody that contain classified information that 

originated with other agencies or the disclosure of which 

would affect the interests or activities of other agencies 

with respect to the classified information, or identifies 

such documents in the process of implementing sections 

3.3 or 3.4 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 

or its predecessors. In cases in which the originating 

agency determines in writing that a response under 

paragraph (a) of this section is required, the referring 

agency shall respond to the requester in accordance with 

that paragraph.

(c) Agencies may extend the classification of information 

in records determined not to have permanent historical 

value or nonrecord materials, including artifacts, beyond 

the time frames established in sections 1.5(b) and 2.2(f) 

of this order, provided:

(1) the specific information has been approved pursuant to section 3.3(j) of this order for exemption from automatic declassification; and

(2) the extension does not exceed the date established in 

section 3.3(j) of this order.

Sec. 3.7. National Declassification Center (a) There 

is established within the National Archives a National 

Declassification Center to streamline declassification 

processes, facilitate quality-assurance measures, 

and implement standardized training regarding the 

declassification of records determined to have permanent 

historical value. There shall be a Director of the Center 

who shall be appointed or removed by the Archivist 

in consultation with the Secretaries of State, Defense, 

Energy, and Homeland Security, the Attorney General, 

and the Director of National Intelligence.
126 | BASIC LAWS and AUTHORITIES 

(b) Under the administration of the Director, the Center 

shall coordinate:

(1) timely and appropriate processing of referrals in 

accordance with section 3.3(d)(3) of this order for accessioned Federal records and transferred presidential records.

(2) general interagency declassification activities necessary to fulfill the requirements of sections 3.3 and 3.4 of 

this order;

(3) the exchange among agencies of detailed declassification guidance to enable the referral of records in accordance with section 3.3(d)(3) of this order; 

(4) the development of effective, transparent, and standard declassification work processes, training, and quality 

assurance measures;

(5) the development of solutions to declassification 

challenges posed by electronic records, special media, and 

emerging technologies;

(6) the linkage and effective utilization of existing agency databases and the use of new technologies to document and make public declassification review decisions 

and support declassification activities under the purview 

of the Center; and

(7) storage and related services, on a reimbursable basis, 

for Federal records containing classified national security 

information.

(c) Agency heads shall fully cooperate with the Archivist 

in the activities of the Center and shall:

(1) provide the Director with adequate and current declassification guidance to enable the referral of records in 

accordance with section 3.3(d)(3) of this order; and

(2) upon request of the Archivist, assign agency personnel to the Center who shall be delegated authority by 

the agency head to review and exempt or declassify information originated by their agency contained in records 

accessioned into the National Archives, after consultation 

with subject-matter experts as necessary.

(d) The Archivist, in consultation with representatives of 

the participants in the Center and after input from the 

general public, shall develop priorities for declassification 

activities under the purview of the Center that take 

into account the degree of researcher interest and the 

likelihood of declassification.

(e) Agency heads may establish such centralized facilities 

and internal operations to conduct internal declassification 

reviews as appropriate to achieve optimized records 

management and declassification business processes. 

Once established, all referral processing of accessioned 

records shall take place at the Center, and such agency 

facilities and operations shall be coordinated with the 

Center to ensure the maximum degree of consistency in 

policies and procedures that relate to records determined 

to have permanent historical value.

(f) Agency heads may exempt from automatic 

declassification or continue the classification of their 

own originally classified information under section 3.3(a) 

of this order except that in the case of the Director of 

National Intelligence, the Director shall also retain such 

authority with respect to the Intelligence Community.

(g) The Archivist shall, in consultation with the Secretaries of 

State, Defense, Energy, and Homeland Security, the Attorney 

General, the Director of National Intelligence, the Director 

of the Central Intelligence Agency, and the Director of the 

Information Security Oversight Office, provide the National 

Security Advisor with a detailed concept of operations for the 

Center and a proposed implementing directive under section 

5.1 of this order that reflects the coordinated views of the 

aforementioned agencies.

PART 4—SAFEGUARDING

Sec. 4.1. 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.

(b) Every person who has met the standards for access 

to classified information in paragraph (a) of this section 

shall receive contemporaneous training on the proper 
BASIC LAWS and AUTHORITIES | 127

safeguarding of classified information and on the 

criminal, civil, and administrative sanctions that may be 

imposed on an individual who fails to protect classified 

information from unauthorized disclosure.

(c) An official or employee leaving agency service may not 

remove classified information from the agency’s control 

or direct that information be declassified in order to 

remove it from agency control.

(d) Classified information may not be removed from 

official premises without proper authorization.

(e) Persons authorized to disseminate classified 

information outside the executive branch shall ensure the 

protection of the information in a manner equivalent to 

that provided within the executive branch.

(f) Consistent with law, executive orders, directives, and 

regulations, an agency head or senior agency official 

or, with respect to the Intelligence Community, the 

Director of National Intelligence, 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:

(1) prevent access by unauthorized persons;

(2) ensure the integrity of the information; and

(3) to the maximum extent practicable, use:

(A) common information technology standards, protocols, and interfaces that maximize the availability of, 

and access to, the information in a form and manner 

that facilitates its authorized use; and

(B) standardized electronic formats to maximize the 

accessibility of information to persons who meet the 

criteria set forth in section 4.1(a) of this order.

(g) Consistent with law, executive orders, directives, and 

regulations, each agency head or senior agency official, or 

with respect to the Intelligence Community, the Director 

of National Intelligence, 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.

(h) 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 U.S. 

“Confidential” information, including modified handling 

and transmission and 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.

(i)(1) Classified information originating in one agency 

may be disseminated to another agency or U.S. entity by 

any agency to which it has been made available without 

the consent of the originating agency, as long as the 

criteria for access under section 4.1(a) of this order are 

met, unless the originating agency has determined that 

prior authorization is required for such dissemination 

and has marked or indicated such requirement on 

the medium containing the classified information 

in accordance with implementing directives issued 

pursuant to this order.

(2) Classified information originating in one agency 

may be disseminated by any other agency to which it has 

been made available to a foreign government in accordance with statute, this order, directives implementing 

this order, direction of the President, or with the consent 

of the originating agency. For the purposes of this section, 

“foreign government” includes any element of a foreign 

government, or an international organization of governments, or any element thereof.

(3) Documents created prior to the effective date of this 

order shall not be disseminated outside any other agency 

to which they have been made available without the consent of the originating agency. An agency head or senior 

agency official may waive this requirement for specific information that originated within that agency.

(4) For purposes of this section, the Department of Defense shall be considered one agency, except that any dissemination of information regarding intelligence sources, 

methods, or activities shall be consistent with directives 

issued pursuant to section 6.2(b) of this order.
128 | BASIC LAWS and AUTHORITIES 

(5) Prior consent of the originating agency is not required when referring records for declassification review 

that contain information originating in more than one 

agency.

Sec. 4.2. Distribution Controls. (a) The head of 

each agency shall establish procedures in accordance 

with applicable law and consistent with directives 

issued pursuant to this order to ensure that classified 

information is accessible to the maximum extent possible 

by individuals who meet the criteria set forth in section 

4.1(a) of this order.

(b) In an emergency, when necessary to respond to an 

imminent threat to life or in defense of the homeland, the 

agency head or any designee may authorize the disclosure 

of classified information (including information marked 

pursuant to section 4.1(i)(1) of this order) to an individual 

or individuals who are otherwise not eligible for access. 

Such actions shall be taken only in accordance with 

directives implementing this order and any procedure 

issued by agencies governing the classified information, 

which shall be designed to minimize the classified 

information that is disclosed under these circumstances 

and the number of individuals who receive it. Information 

disclosed under this provision or implementing directives 

and procedures shall not be deemed declassified as a result 

of such disclosure or subsequent use by a recipient. Such 

disclosures shall be reported promptly to the originator 

of the classified information. For purposes of this 

section, the Director of National Intelligence may issue 

an implementing directive governing the emergency 

disclosure of classified intelligence information.

(c) Each agency shall update, at least annually, the 

automatic, routine, or recurring distribution mechanism 

for classified information that it distributes. Recipients 

shall cooperate fully with distributors who are updating 

distribution lists and shall notify distributors whenever a 

relevant change in status occurs.

Sec. 4.3. Special Access Programs. (a) Establishment 

of special access programs. Unless otherwise authorized 

by the President, only the Secretaries of State, Defense, 

Energy, and Homeland Security, the Attorney General, 

and the Director of National Intelligence, or the principal 

deputy of each, may create a special access program. For 

special access programs pertaining to intelligence sources, 

methods, and activities (but not including military 

operational, strategic, and tactical programs), this function 

shall be exercised by the Director of National Intelligence. 

These officials shall keep the number of these programs 

at an absolute minimum, and shall establish them only 

when the program is required by statute or 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.

(b) Requirements and limitations. (1) Special access 

programs shall be limited to programs in which the 

number of persons who ordinarily will have access will 

be reasonably 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 5.4(d) 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 

of the Information Security Oversight Office 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 head shall brief the National Security Advisor, or a designee, on any or all of the 

agency’s special access programs.
BASIC LAWS and AUTHORITIES | 129

(6) For the purposes of this section, the term “agency head” refers only to the Secretaries of State, Defense, 

Energy, and Homeland Security, the Attorney General, 

and the Director of National Intelligence, or the principal 

deputy of each.

(c) Nothing in this order shall supersede any requirement 

made by or under 10 U.S.C. 119.

Sec. 4.4. Access by Historical Researchers and Certain 

Former Government Personnel. (a) The requirement 

in section 4.1(a)(3) of this order that access to classified 

information may be granted only to individuals who 

have a need to-know the information may be waived for 

persons who:

(1) are engaged in historical research projects;

(2) previously have occupied senior policy-making positions to which they were appointed or designated by the 

President or the Vice President; or

(3) served as President or Vice 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 the 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 or designees and Vice Presidential appointees or 

designees to items that the person originated, reviewed, 

signed, or received while serving as a Presidential or Vice 

Presidential appointee or designee.

PART 5—IMPLEMENTATION AND REVIEW

Sec. 5.1. Program Direction. (a) The Director of the 

Information Security Oversight Office, under the 

direction of the Archivist and in consultation with the 

National Security Advisor, shall issue such directives as 

are necessary to implement this order. These directives 

shall be binding on the agencies. Directives issued by the 

Director of the Information Security Oversight Office 

shall establish standards for:

(1) classification, declassification, and marking principles;

(2) safeguarding classified information, which shall 

pertain to the handling, storage, distribution, transmittal, 

and destruction of and accounting for classified information;

(3) agency security education and training programs;

(4) agency self-inspection programs; and

(5) classification and declassification guides.

(b) The Archivist shall delegate the implementation and 

monitoring functions of this program to the Director of 

the Information Security Oversight Office.

(c) The Director of National Intelligence, after 

consultation with the heads of affected agencies and the 

Director of the Information Security Oversight Office, 

may issue directives to implement this order with respect 

to the protection of intelligence sources, methods, and 

activities. Such directives shall be consistent with this 

order and directives issued under paragraph (a) of this 

section.

Sec. 5.2. Information Security Oversight Office. (a) 

There is established within the National Archives an 

Information Security Oversight Office. The Archivist 

shall appoint the Director of the Information Security 

Oversight Office, subject to the approval of the President.

(b) Under the direction of the Archivist, acting in 

consultation with the National Security Advisor, 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;

(3) review and approve agency implementing regulations prior to their issuance to ensure their consistency 

with this order and directives issued under section 5.1(a) 

of this order;
130 | BASIC LAWS and AUTHORITIES 

(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 and 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 President through the National 

Security Advisor within 60 days of the request for access. 

Access shall be denied pending the response;

(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 National Security Advisor;

(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. 5.3. Interagency Security Classification Appeals 

Panel.

(a) Establishment and administration.

(1) There is established an Interagency Security Classification Appeals Panel. The Departments of State, Defense, 

and Justice, the National Archives, the Office of the Director of National Intelligence, and the National Security 

Advisor shall each be represented by a senior-level representative who is a full-time or permanent part-time Federal officer or employee designated to serve as a member 

of the Panel by the respective agency head. The President 

shall designate a Chair from among the members of the 

Panel.

(2) Additionally, the Director of the Central Intelligence Agency may appoint a temporary representative 

who meets the criteria in paragraph (a)(1) of this section 

to participate as a voting member in all Panel deliberations and associated support activities concerning classified information originated by the Central Intelligence 

Agency.

(3) A vacancy on the Panel shall be filled as quickly as 

possible as provided in paragraph (a)(1) of this section.

(4) The Director of the Information Security Oversight 

Office shall serve as the Executive Secretary of the Panel. The staff of the Information Security Oversight Office 

shall provide program and administrative support for the 

Panel.

(5) The members and staff of the Panel shall be required 

to meet eligibility for access standards in order to fulfill 

the Panel’s functions.

(6) 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.

(7) 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 1.8 of this order;

(2) approve, deny, or amend agency exemptions from 

automatic declassification as provided in section 3.3 of 

this order;

(3) decide on appeals by persons or entities who have 

filed requests for mandatory declassification review under 

section 3.5 of this order; and

(4) appropriately inform senior agency officials and the 

public of final Panel decisions on appeals under sections 

1.8 and 3.5 of this order.

(c) Rules and procedures. The Panel shall issue bylaws, 

which shall be published in the Federal Register. The 

bylaws shall establish the rules and procedures that the 

Panel will follow in accepting, considering, and issuing 
BASIC LAWS and AUTHORITIES | 131

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 shall cooperate fully with the Panel 

so that it can fulfill its functions in a timely and fully 

informed manner. The Panel shall report to the President 

through the National Security Advisor any instance in 

which it believes that an agency head is not cooperating 

fully with the Panel.

(e) The 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 changed 

by the President.

(f) An agency head may appeal a decision of the Panel to 

the President through the National Security Advisor. The 

information shall remain classified pending a decision on 

the appeal.

Sec. 5.4. 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;

(b) commit necessary resources to the effective 

implementation of the program established under this 

order;

(c) ensure that agency records systems are designed and 

maintained to optimize the appropriate sharing and 

safeguarding of classified information, and to facilitate its 

declassification under the terms of this order when it no 

longer meets the standards for continued classification; 

and

(d) 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 regular reviews 

of representative samples of the agency’s original and derivative classification actions, and shall authorize appropriate agency officials to correct misclassification actions 

not covered by sections 1.7(c) and 1.7(d) of this order; 

and reporting annually to the Director of the Information 

Security Oversight Office on the agency’s self-inspection 

program;

(5) establishing procedures consistent with directives issued pursuant to this order to prevent unnecessary access 

to classified information, including procedures that:

(A) require that a need for access to classified information be established before initiating administrative 

clearance procedures; and

(B) ensure that the number of persons granted access 

to classified information meets the mission needs of the 

agency while also satisfying 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) ensuring that the performance contract or other 

system used to rate civilian or military personnel performance includes the designation and management of 

classified information as a critical element or item to be 

evaluated in the rating of:
132 | BASIC LAWS and AUTHORITIES 

(A) original classification authorities;

(B) security managers or security specialists; and

(C) all other personnel whose duties significantly involve the creation or handling of classified information, 

including personnel who regularly apply derivative classification markings;

(8) accounting for the costs associated with the implementation of this order, which shall be reported to the 

Director of the Information Security Oversight Office for 

publication;

(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; and

(10) establishing a secure capability to receive information, allegations, or complaints regarding over-classification or incorrect classification within the agency and to 

provide guidance to personnel on proper classification as 

needed.

Sec. 5.5. Sanctions. (a) If the Director of the Information 

Security Oversight Office finds that a violation of this 

order or its implementing directives has 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) of this section occurs; and

(2) notify the Director of the Information Security 

Oversight Office when a violation under paragraph (b)

(1), (2), or (3) of this section occurs.

PART 6—GENERAL PROVISIONS

Sec. 6.1. Definitions. For purposes of this order:

(a) “Access” means the ability or opportunity to gain 

knowledge of classified information.

(b) “Agency” means any “Executive agency,” as defined 

in 5 U.S.C. 105; any “Military department” as defined in 

5 U.S.C. 102; and any other entity within the executive 

branch that comes into the possession of classified 

information.

(c) “Authorized holder” of classified information means 

anyone who satisfies the conditions for access stated in 

section 4.1(a) of this order.

(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) “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 dura-
BASIC LAWS and AUTHORITIES | 133

tion of classification established under this order.

(f) “Classification” means the act or process by which 

information is determined to be classified information.

(g) “Classification guidance” means any instruction 

or source that prescribes the classification of specific 

information.

(h) “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 classified and 

establishes the level and duration of classification for each 

such element.

(i) “Classified national security information” or “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.

(j) “Compilation” means an aggregation of preexisting 

unclassified items of information.

(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, 

taking into consideration such aspects of the information 

as the sensitivity, value, utility, and provenance of that 

information.

(m) “Declassification” means the authorized change in 

the status of information from classified information to 

unclassified information.

(n) “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.

(o) “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.

(p) “Document” means any recorded information, 

regardless of the nature of the medium or the method or 

circumstances of recording.

(q) “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.

(r) “File series” means file units or documents arranged 

according to a filing system or kept together because they 

relate to a particular subject or function, result from the 

same activity, document a specific kind of transaction, 

take a particular physical form, or have some other 

relationship arising out of their creation, receipt, or use, 

such as restrictions on access or use.

(s) “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 Government 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.

(t) “Information” means any knowledge that can be 

communicated or documentary material, regardless of 

its physical form or characteristics, that is owned by, is 

produced by or for, or is under the control of the United 

States Government.
134 | BASIC LAWS and AUTHORITIES 

(u) “Infraction” means any knowing, willful, or negligent 

action contrary to the requirements of this order or 

its implementing directives that does not constitute a 

“violation,” as defined below.

(v) “Integral file block” means a distinct component 

of a file series, as defined in this section, that should 

be maintained as a separate unit in order to ensure the 

integrity of the records. An integral file block may consist 

of a set of records covering either a specific topic or a range 

of time, such as a Presidential administration or a 5-year 

retirement schedule within a specific file series that is retired 

from active use as a group. For purposes of automatic

declassification, integral file blocks shall contain only 

records dated within 10 years of the oldest record in the 

file block.

(w) “Integrity” means the state that exists when 

information is unchanged from its source and has not 

been accidentally or intentionally modified, altered, or 

destroyed.

(x) “Intelligence” includes foreign intelligence and 

counterintelligence as defined by Executive Order 12333 

of December 4, 1981, as amended, or by a successor 

order.

(y) “Intelligence activities” means all activities that 

elements of the Intelligence Community are authorized 

to conduct pursuant to law or Executive Order 12333, as 

amended, or a successor order.

(z) “Intelligence Community” means an element or 

agency of the U.S. Government identified in or designated 

pursuant to section 3(4) of the National Security Act of 

1947, as amended, or section 3.5(h) of Executive Order 

12333, as amended.

(aa) “Mandatory declassification review” means the review 

for declassification of classified information in response to 

a request for declassification that meets the requirements 

under section 3.5 of this order.

(bb) “Multiple sources” means two or more source 

documents, classification guides, or a combination of 

both.

(cc) “National security” means the national defense or 

foreign relations of the United States.

(dd) “Need-to-know” means a determination within the 

executive branch in accordance with directives issued 

pursuant to this order that a prospective recipient requires 

access to specific classified information in order to 

perform or assist in a lawful and authorized governmental 

function.

(ee) “Network” means a system of two or more computers 

that can exchange data or information.

(ff) “Original classification” means an initial determination 

that information requires, in the interest of the national 

security, protection against unauthorized disclosure.

(gg) “Original classification authority” means an 

individual authorized in writing, either by the President, 

the Vice President, or by agency heads or other officials 

designated by the President, to classify information in the 

first instance.

(hh) “Records” means the records of an agency and 

Presidential papers or Presidential records, as those terms 

are defined in title 44, United States Code, including 

those created or maintained by a government contractor, 

licensee, certificate holder, or grantee that are subject to 

the sponsoring agency’s control under the terms of the 

contract, license, certificate, or grant.

(ii) “Records having permanent historical value” means 

Presidential papers or Presidential records and the records 

of an agency that the Archivist has determined should 

be maintained permanently in accordance with title 44, 

United States Code.

(jj) “Records management” means the planning, 

controlling, directing, organizing, training, promoting, 

and other managerial activities involved with respect 

to records creation, records maintenance and use, and 

records disposition in order to achieve adequate and 

proper documentation of the policies and transactions 

of the Federal Government and effective and economical 

management of agency operations.

(kk) “Safeguarding” means measures and controls that are 

prescribed to protect classified information.

(ll) “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 
BASIC LAWS and AUTHORITIES | 135

program established under this order and its implementing 

directives.

(mm) “Senior agency official” means the official designated 

by the agency head under section 5.4(d) of this order to 

direct and administer the agency’s program under which 

information is classified, safeguarded, and declassified.

(nn) “Source document” means an existing document 

that contains classified information that is incorporated, 

paraphrased, restated, or generated in new form into a 

new document.

(oo) “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.

(pp) “Systematic declassification review” means the review 

for declassification of classified information contained in 

records that have been determined by the Archivist to 

have permanent historical value in accordance with title 

44, United States Code.

(qq) “Telecommunications” means the preparation, 

transmission, or communication of information by 

electronic means.

(rr) “Unauthorized disclosure” means a communication 

or physical transfer of classified information to an 

unauthorized recipient.

(ss) “U.S. entity” includes:

(1) State, local, or tribal governments;

(2) State, local, and tribal law enforcement and firefighting entities;

(3) public health and medical entities;

(4) regional, state, local, and tribal emergency management entities, including State Adjutants General and other appropriate public safety entities; or

(5) private sector entities serving as part of the nation’s 

Critical Infrastructure/Key Resources.

(tt) “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.

(uu) “Weapons of mass destruction” means any weapon 

of mass destruction as defined in 50 U.S.C. 1801(p).

Sec. 6.2. 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 Director of National Intelligence may, with 

respect to the Intelligence Community and after 

consultation with the heads of affected departments and 

agencies, issue such policy directives and guidelines as 

the Director of National Intelligence deems necessary to 

implement this order with respect to the classification and 

declassification of all intelligence and intelligence-related 

information, and for access to and dissemination of all 

intelligence and intelligence-related information, both 

in its final form and in the form when initially gathered. 

Procedures or other guidance issued by Intelligence 

Community element heads shall be in accordance with 

such policy directives or guidelines issued by the Director 

of National Intelligence. Any such policy directives or 

guidelines issued by the Director of National Intelligence 

shall be in accordance with directives issued by the 

Director of the Information Security Oversight Office 

under section 5.1(a) of this order.

(c) 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.
136 | BASIC LAWS and AUTHORITIES 

(d) Nothing in this order limits the protection afforded 

any information by other provisions of law, including the 

Constitution, Freedom of Information Act exemptions, 

the Privacy Act of 1974, and the National Security Act of 

1947, as amended. This order is not intended to and does 

not create any right or benefit, substantive or procedural, 

enforceable at law by a party against the United States, its 

departments, agencies, or entities, its officers, employees, 

or agents, or any other person. The foregoing is in addition 

to the specific provisos set forth in sections 1.1(b), 3.1(c) 

and 5.3(e) of this order.

(e) Nothing in this order shall be construed to obligate 

action or otherwise affect functions by the Director of the 

Office of Management and Budget relating to budgetary, 

administrative, or legislative proposals.

(f) This order shall be implemented subject to the 

availability of appropriations.

(g) Executive Order 12958 of April 17, 1995, and 

amendments thereto, including Executive Order 13292 

of March 25, 2003, are hereby revoked as of the effective 

date of this order.

Sec. 6.3. Effective Date. This order is effective 180 days 

from the date of this order, except for sections 1.7, 3.3, 

and 3.7, which are effective immediately.

Sec. 6.4. Publication. The Archivist of the United States 

shall publish this Executive Order in the Federal Register.

BARACK OBAMA
BASIC LAWS and AUTHORITIES | 137

THE FREEDOM OF INFORMATION ACT

5 U.S.C. § 552, As Amended

§552. PUBLIC INFORMATION; AGENCY 

RULES, OPINIONS, ORDERS, RECORDS, AND 

PROCEEDINGS

(a) Each agency shall make available to the public 

information as follows:

(1) Each agency shall separately state and currently publish 

in the Federal Register for the guidance of the public—

(A) descriptions of its central and field organization and 

the established places at which, the employees (and in the 

case of a uniformed service, the members) from whom, 

and the methods whereby, the public may obtain information, make submittals or requests, or obtain decisions;

(B) statements of the general course and method by 

which its functions are channeled and determined, including the nature and requirements of all formal and 

informal procedures available;

(C) rules of procedure, descriptions of forms available 

or the places at which forms may be obtained, and instructions as to the scope and contents of all papers, reports, or examinations;

(D) substantive rules of general applicability adopted 

as authorized by law, and statements of general policy or 

interpretations of general applicability formulated and adopted by the agency; and

(E) each amendment, revision, or repeal of the foregoing.

Except to the extent that a person has actual and timely 

notice of the terms thereof, a person may not in any 

manner be required to resort to, or be adversely affected by, 

a matter required to be published in the Federal Register 

and not so published. For the purpose of this paragraph, 

matter reasonably available to the class of persons affected 

thereby is deemed published in the Federal Register when 

incorporated by reference therein with the approval of the 

Director of the Federal Register.

(2) Each agency, in accordance with published rules, 

shall make available for public inspection and copying—

(A) final opinions, including concurring and dissenting opinions, as well as orders, made in the adjudication of cases;

(B) those statements of policy and interpretations 

which have been adopted by the agency and are not 

published in the Federal Register;

(C) administrative staff manuals and instructions to 

staff that affect a member of the public;

(D) copies of all records, regardless of form or format, which have been released to any person under 

paragraph (3) and which, because of the nature of their 

subject matter, the agency determines have become or 

are likely to become the subject of subsequent requests 

for substantially the same records; and

(E) a general index of the records referred to under 

subparagraph (D);

unless the materials are promptly published and copies 

offered for sale. For records created on or after November 

1, 1996, within one year after such date, each agency 

shall make such records available, including by computer 

telecommunications or, if computer telecommunications 

means have not been established by the agency, by other 

electronic means. To the extent required to prevent a 

clearly unwarranted invasion of personal privacy, an 

agency may delete identifying details when it makes 

available or publishes an opinion, statement of policy, 

interpretation, staff manual, instruction, or copies of 

records referred to in subparagraph (D). However, in each 

case the justification for the deletion shall be explained 

fully in writing, and the extent of such deletion shall be 

indicated on the portion of the record which is made 

available or published, unless including that indication 

would harm an interest protected by the exemption 

in subsection (b) under which the deletion is made. If 

technically feasible, the extent of the deletion shall be 

indicated at the place in the record where the deletion was 
138 | BASIC LAWS and AUTHORITIES 

made. Each agency shall also maintain and make available 

for public inspection and copying current indexes 

providing identifying information for the public as to 

any matter issued, adopted, or promulgated after July 4, 

1967, and required by this paragraph to be made available 

or published. Each agency shall promptly publish, 

quarterly or more frequently, and distribute (by sale or 

otherwise) copies of each index or supplements thereto 

unless it determines by order published in the Federal 

Register that the publication would be unnecessary and 

impracticable, in which case the agency shall nonetheless 

provide copies of such index on request at a cost not to 

exceed the direct cost of duplication. Each agency shall 

make the index referred to in subparagraph (E) available 

by computer telecommunications by December 31, 1999. 

A final order, opinion, statement of policy, interpretation, 

or staff manual or instruction that affects a member of the 

public may be relied on, used, or cited as precedent by 

an agency against a party other than an agency only if—

(i) it has been indexed and either made available or 

published as provided by this paragraph; or

(ii) the party has actual and timely notice of the 

terms thereof.

(3)(A) Except with respect to the records made available 

under paragraphs (1) and (2) of this subsection, and except as provided in subparagraph (E), each agency, upon 

any request for records which (i) reasonably describes such 

records and (ii) is made in accordance with published 

rules stating the time, place, fees (if any), and procedures 

to be followed, shall make the records promptly available 

to any person.

(B) In making any record available to a person under 

this paragraph, an agency shall provide the record in any 

form or format requested by the person if the record is 

readily reproducible by the agency in that form or format. 

Each agency shall make reasonable efforts to maintain its 

records in forms or formats that are reproducible for purposes of this section.

(C) In responding under this paragraph to a request for 

records, an agency shall make reasonable efforts to search 

for the records in electronic form or format, except when 

such efforts would significantly interfere with the operation of the agency’s automated information system.

(D) For purposes of this paragraph, the term “search” 

means to review, manually or by automated means, agency records for the purpose of locating those records which 

are responsive to a request.

(E) An agency, or part of an agency, that is an element 

of the intelligence community (as that term is defined 

in section 3(4) of the National Security Act of 1947 (50 

U.S.C. 401a(4))) 1 shall not make any record available 

under this paragraph to—

(i) any government entity, other than a State, territory, commonwealth, or district of the United States, or 

any subdivision thereof; or

(ii) a representative of a government entity described 

in clause (i).

(4)(A)(i) In order to carry out the provisions of this section, each agency shall promulgate regulations, pursuant 

to notice and receipt of public comment, specifying the 

schedule of fees applicable to the processing of requests 

under this section and establishing procedures and guidelines for determining when such fees should be waived or 

reduced. Such schedule shall conform to the guidelines 

which shall be promulgated, pursuant to notice and receipt of public comment, by the Director of the Office of 

Management and Budget and which shall provide for a 

uniform schedule of fees for all agencies.

(ii) Such agency regulations shall provide that—

(I) fees shall be limited to reasonable standard 

charges for document search, duplication, and review, when records are requested for commercial use;

(II) fees shall be limited to reasonable standard 

charges for document duplication when records are 

not sought for commercial use and the request is 

made by an educational or noncommercial scientific 

institution, whose purpose is scholarly or scientific 

research; or a representative of the news media; and

(III) for any request not described in (I) or (II), 

fees shall be limited to reasonable standard charges 

for document search and duplication.

In this clause, the term “a representative of the news media” 

means any person or entity that gathers information 

of potential interest to a segment of the public, uses its 
BASIC LAWS and AUTHORITIES | 139

editorial skills to turn the raw materials into a distinct 

work, and distributes that work to an audience. In this 

clause, the term “news” means information that is about 

current events or that would be of current interest to the 

public. Examples of news-media entities are television 

or radio stations broadcasting to the public at large and 

publishers of periodicals (but only if such entities qualify 

as disseminators of “news”) who make their products 

available for purchase by or subscription by or free 

distribution to the general public. These examples are not 

all-inclusive. Moreover, as methods of news delivery evolve 

(for example, the adoption of the electronic dissemination 

of newspapers through telecommunications services), such 

alternative media shall be considered to be news-media 

entities. A freelance journalist shall be regarded as working 

for a news-media entity if the journalist can demonstrate a 

solid basis for expecting publication through that entity, 

whether or not the journalist is actually employed by 

the entity. A publication contract would present a solid 

basis for such an expectation; the Government may also 

consider the past publication record of the requester in 

making such a determination.

(iii) Documents shall be furnished without any 

charge or at a charge reduced below the fees established 

under clause (ii) if disclosure of the information is in 

the public interest because it is likely to contribute significantly to public understanding of the operations or 

activities of the government and is not primarily in the 

commercial interest of the requester.

(iv) Fee schedules shall provide for the recovery of 

only the direct costs of search, duplication, or review. 

Review costs shall include only the direct costs incurred 

during the initial examination of a document for the 

purposes of determining whether the documents must 

be disclosed under this section and for the purposes of 

withholding any portions exempt from disclosure under this section. Review costs may not include any costs 

incurred in resolving issues of law or policy that may be 

raised in the course of processing a request under this 

section. No fee may be charged by any agency under 

this section—

(I) if the costs of routine collection and processing 

of the fee are likely to equal or exceed the amount of 

the fee; or

(II) for any request described in clause (ii) (II) or 

(III) of this subparagraph for the first two hours of 

search time or for the first one hundred pages of duplication.

(v) No agency may require advance payment of any 

fee unless the requester has previously failed to pay fees 

in a timely fashion, or the agency has determined that 

the fee will exceed $250.

(vi) Nothing in this subparagraph shall supersede fees 

chargeable under a statute specifically providing for setting the level of fees for particular types of records.

(vii) In any action by a requester regarding the waiver 

of fees under this section, the court shall determine the 

matter de novo: Provided, That the court’s review of the 

matter shall be limited to the record before the agency.

(viii) An agency shall not assess search fees (or in the 

case of a requester described under clause (ii)(II), duplication fees) under this subparagraph if the agency fails 

to comply with any time limit under paragraph (6), 

if no unusual or exceptional circumstances (as those 

terms are defined for purposes of paragraphs (6)(B) and 

(C), respectively) apply to the processing of the request.

(B) On complaint, the district court of the United 

States in the district in which the complainant resides, or 

has his principal place of business, or in which the agency 

records are situated, or in the District of Columbia, has 

jurisdiction to enjoin the agency from withholding agency records and to order the production of any agency records improperly withheld from the complainant. In such 

a case the court shall determine the matter de novo, and 

may examine the contents of such agency records in camera to determine whether such records or any part thereof 

shall be withheld under any of the exemptions set forth 

in subsection (b) of this section, and the burden is on the 

agency to sustain its action. In addition to any other matters to which a court accords substantial weight, a court 

shall accord substantial weight to an affidavit of an agency concerning the agency’s determination as to technical 

feasibility under paragraph (2)(C) and subsection (b) and 

reproducibility under paragraph (3)(B).

(C) Notwithstanding any other provision of law, the 

defendant shall serve an answer or otherwise plead to any 

complaint made under this subsection within thirty days 
140 | BASIC LAWS and AUTHORITIES 

after service upon the defendant of the pleading in which 

such complaint is made, unless the court otherwise directs 

for good cause shown.

[(D) Repealed. Pub. L. 98–620, title IV, §402(2), Nov. 

8, 1984, 98 Stat. 3357 .]

(E)(i) The court may assess against the United States 

reasonable attorney fees and other litigation costs reasonably incurred in any case under this section in which the 

complainant has substantially prevailed.

(ii) For purposes of this subparagraph, a complainant 

has substantially prevailed if the complainant has obtained relief through either—

(I) a judicial order, or an enforceable written agreement or consent decree; or

(II) a voluntary or unilateral change in position by 

the agency, if the complainant’s claim is not insubstantial.

(F)(i) Whenever the court orders the production of any 

agency records improperly withheld from the complainant 

and assesses against the United States reasonable attorney 

fees and other litigation costs, and the court additionally 

issues a written finding that the circumstances surrounding the withholding raise questions whether agency personnel acted arbitrarily or capriciously with respect to the 

withholding, the Special Counsel shall promptly initiate 

a proceeding to determine whether disciplinary action is 

warranted against the officer or employee who was primarily responsible for the withholding. The Special Counsel, 

after investigation and consideration of the evidence submitted, shall submit his findings and recommendations to 

the administrative authority of the agency concerned and 

shall send copies of the findings and recommendations to 

the officer or employee or his representative. The administrative authority shall take the corrective action that the 

Special Counsel recommends.

(ii) The Attorney General shall—

(I) notify the Special Counsel of each civil action 

described under the first sentence of clause (i); and

(II) annually submit a report to Congress on the 

number of such civil actions in the preceding year.

(iii) The Special Counsel shall annually submit a report to Congress on the actions taken by the Special 

Counsel under clause (i).

(G) In the event of noncompliance with the order of 

the court, the district court may punish for contempt the 

responsible employee, and in the case of a uniformed service, the responsible member.

(5) Each agency having more than one member shall 

maintain and make available for public inspection a record of the final votes of each member in every agency 

proceeding.

(6)(A) Each agency, upon any request for records 

made under paragraph (1), (2), or (3) of this subsection, shall—

(i) determine within 20 days (excepting Saturdays, Sundays, and legal public holidays) after the 

receipt of any such request whether to comply with 

such request and shall immediately notify the person 

making such request of such determination and the 

reasons therefor, and of the right of such person to 

appeal to the head of the agency any adverse determination; and

(ii) make a determination with respect to any appeal within twenty days (excepting Saturdays, Sundays, and legal public holidays) after the receipt of 

such appeal. If on appeal the denial of the request 

for records is in whole or in part upheld, the agency 

shall notify the person making such request of the 

provisions for judicial review of that determination 

under paragraph (4) of this subsection.

The 20-day period under clause (i) shall commence on 

the date on which the request is first received by the 

appropriate component of the agency, but in any event 

not later than ten days after the request is first received 

by any component of the agency that is designated in the 

agency’s regulations under this section to receive requests 

under this section. The 20-day period shall not be tolled 

by the agency except—

(I) that the agency may make one request to the requester for information and toll the 20-day period while 

it is awaiting such information that it has reasonably requested from the requester under this section; or
BASIC LAWS and AUTHORITIES | 141

(II) if necessary to clarify with the requester issues 

regarding fee assessment. In either case, the agency’s receipt of the requester’s response to the agency’s request 

for information or clarification ends the tolling period.

(B)(i) In unusual circumstances as specified in this subparagraph, the time limits prescribed in either clause (i) or 

clause (ii) of subparagraph (A) may be extended by written notice to the person making such request setting forth 

the unusual circumstances for such extension and the date 

on which a determination is expected to be dispatched. 

No such notice shall specify a date that would result in 

an extension for more than ten working days, except as 

provided in clause (ii) of this subparagraph.

(ii) With respect to a request for which a written notice under clause (i) extends the time limits prescribed 

under clause (i) of subparagraph (A), the agency shall 

notify the person making the request if the request 

cannot be processed within the time limit specified in 

that clause and shall provide the person an opportunity to limit the scope of the request so that it may 

be processed within that time limit or an opportunity 

to arrange with the agency an alternative time frame 

for processing the request or a modified request. To aid 

the requester, each agency shall make available its FOIA 

Public Liaison, who shall assist in the resolution of any 

disputes between the requester and the agency. Refusal 

by the person to reasonably modify the request or arrange such an alternative time frame shall be considered 

as a factor in determining whether exceptional circumstances exist for purposes of subparagraph (C).

(iii) As used in this subparagraph, “unusual circumstances” means, but only to the extent reasonably 

necessary to the proper processing of the particular requests—

(I) the need to search for and collect the requested records from field facilities or other establishments 

that are separate from the office processing the request;

(II) the need to search for, collect, and appropriately examine a voluminous amount of separate and 

distinct records which are demanded in a single request; or

(III) the need for consultation, which shall be conducted with all practicable speed, with another agency having a substantial interest in the determination 

of the request or among two or more components of 

the agency having substantial subject-matter interest 

therein.

(iv) Each agency may promulgate regulations, pursuant to notice and receipt of public comment, providing 

for the aggregation of certain requests by the same requestor, or by a group of requestors acting in concert, 

if the agency reasonably believes that such requests actually constitute a single request, which would otherwise satisfy the unusual circumstances specified in this 

subparagraph, and the requests involve clearly related 

matters. Multiple requests involving unrelated matters 

shall not be aggregated.

(C)(i) Any person making a request to any agency for 

records under paragraph (1), (2), or (3) of this subsection shall be deemed to have exhausted his administrative 

remedies with respect to such request if the agency fails to 

comply with the applicable time limit provisions of this 

paragraph. If the Government can show exceptional circumstances exist and that the agency is exercising due diligence in responding to the request, the court may retain 

jurisdiction and allow the agency additional time to complete its review of the records. Upon any determination 

by an agency to comply with a request for records, the 

records shall be made promptly available to such person 

making such request. Any notification of denial of any 

request for records under this subsection shall set forth the 

names and titles or positions of each person responsible 

for the denial of such request.

(ii) For purposes of this subparagraph, the term “exceptional circumstances” does not include a delay that 

results from a predictable agency workload of requests 

under this section, unless the agency demonstrates reasonable progress in reducing its backlog of pending requests.

(iii) Refusal by a person to reasonably modify the 

scope of a request or arrange an alternative time frame 

for processing a request (or a modified request) under 

clause (ii) after being given an opportunity to do so by 

the agency to whom the person made the request shall 

be considered as a factor in determining whether exceptional circumstances exist for purposes of this subparagraph.
142 | BASIC LAWS and AUTHORITIES 

(D)(i) Each agency may promulgate regulations, pursuant to notice and receipt of public comment, providing 

for multitrack processing of requests for records based on 

the amount of work or time (or both) involved in processing requests.

(ii) Regulations under this subparagraph may provide a person making a request that does not qualify 

for the fastest multitrack processing an opportunity to 

limit the scope of the request in order to qualify for 

faster processing.

(iii) T﻿﻿his subparagraph shall not be considered to affect the requirement under subparagraph (C) to exercise due diligence.

(E)(i) Each agency shall promulgate regulations, pursuant to notice and receipt of public comment, providing 

for expedited processing of requests for records—

(I) in cases in which the person requesting the records demonstrates a compelling need; and

(II) in other cases determined by the agency.

(ii) Notwithstanding clause (i), regulations under 

this subparagraph must ensure—

(I) that a determination of whether to provide expedited processing shall be made, and notice of the determination shall be provided to the person making the 

request, within 10 days after the date of the request; and

(II) expeditious consideration of administrative 

appeals of such determinations of whether to provide 

expedited processing.

(iii) An agency shall process as soon as practicable 

any request for records to which the agency has granted 

expedited processing under this subparagraph. Agency 

action to deny or affirm denial of a request for expedited processing pursuant to this subparagraph, and 

failure by an agency to respond in a timely manner to 

such a request shall be subject to judicial review under 

paragraph (4), except that the judicial review shall be 

based on the record before the agency at the time of the 

determination.

(iv) A district court of the United States shall not 

have jurisdiction to review an agency denial of expedited processing of a request for records after the agency 

has provided a complete response to the request.

(v) For purposes of this subparagraph, the term 

“compelling need” means—

(I) that a failure to obtain requested records on an 

expedited basis under this paragraph could reasonably be expected to pose an imminent threat to the 

life or physical safety of an individual; or

(II) with respect to a request made by a person primarily engaged in disseminating information, urgency to inform the public concerning actual or alleged 

Federal Government activity.

(vi) A demonstration of a compelling need by a person making a request for expedited processing shall be 

made by a statement certified by such person to be true 

and correct to the best of such person’s knowledge and 

belief.

(F) In denying a request for records, in whole or in part, 

an agency shall make a reasonable effort to estimate the 

volume of any requested matter the provision of which is 

denied, and shall provide any such estimate to the person 

making the request, unless providing such estimate would 

harm an interest protected by the exemption in subsection (b) pursuant to which the denial is made.

(7) Each agency shall—

(A) establish a system to assign an individualized 

tracking number for each request received that will take 

longer than ten days to process and provide to each person making a request the tracking number assigned to 

the request; and

(B) establish a telephone line or Internet service that 

provides information about the status of a request to 

the person making the request using the assigned tracking number, including—

(i) the date on which the agency originally received 

the request; and

(ii) an estimated date on which the agency will 

complete action on the request.

(b) This section does not apply to matters that are—
BASIC LAWS and AUTHORITIES | 143

(1)(A) specifically authorized under criteria established 

by an Executive order to be kept secret in the interest of 

national defense or foreign policy and (B) are in fact properly classified pursuant to such Executive order;

(2) related solely to the internal personnel rules and 

practices of an agency;

(3) specifically exempted from disclosure by statute 

(other than section 552b of this title), if that statute—

(A)(i) requires that the matters be withheld from the 

public in such a manner as to leave no discretion on 

the issue; or

(ii) establishes particular criteria for withholding or 

refers to particular types of matters to be withheld; and

(B) if enacted after the date of enactment of the 

OPEN FOIA Act of 2009, specifically cites to this 

paragraph.

(4) trade secrets and commercial or financial information obtained from a person and privileged or confidential;

(5) inter-agency or intra-agency memorandums or letters which would not be available by law to a party other 

than an agency in litigation with the agency;

(6) personnel and medical files and similar files the disclosure of which would constitute a clearly unwarranted 

invasion of personal privacy;

(7) records or information compiled for law enforcement purposes, but only to the extent that the production 

of such law enforcement records or information (A) could 

reasonably be expected to interfere with enforcement 

proceedings, (B) would deprive a person of a right to a 

fair trial or an impartial adjudication, (C) could reasonably be expected to constitute an unwarranted invasion 

of personal privacy, (D) could reasonably be expected to 

disclose the identity of a confidential source, including a 

State, local, or foreign agency or authority or any private 

institution which furnished information on a confidential 

basis, and, in the case of a record or information compiled by criminal law enforcement authority in the course 

of a criminal investigation or by an agency conducting a 

lawful national security intelligence investigation, information furnished by a confidential source, (E) would disclose techniques and procedures for law enforcement investigations or prosecutions, or would disclose guidelines 

for law enforcement investigations or prosecutions if such 

disclosure could reasonably be expected to risk circumvention of the law, or (F) could reasonably be expected 

to endanger the life or physical safety of any individual;

(8) contained in or related to examination, operating, or condition reports prepared by, on behalf of, or 

for the use of an agency responsible for the regulation 

or supervision of financial institutions; or

(9) geological and geophysical information and data, 

including maps, concerning wells.

Any reasonably segregable portion of a record shall be 

provided to any person requesting such record after 

deletion of the portions which are exempt under this 

subsection. The amount of information deleted, and 

the exemption under which the deletion is made, shall 

be indicated on the released portion of the record, 

unless including that indication would harm an interest 

protected by the exemption in this subsection under 

which the deletion is made. If technically feasible, the 

amount of the information deleted, and the exemption 

under which the deletion is made, shall be indicated at the 

place in the record where such deletion is made.

(c)(1) Whenever a request is made which involves access 

to records described in subsection (b)(7)(A) and—

(A) the investigation or proceeding involves a possible violation of criminal law; and

(B) there is reason to believe that (i) the subject of 

the investigation or proceeding is not aware of its pendency, and (ii) disclosure of the existence of the records 

could reasonably be expected to interfere with enforcement proceedings, the agency may, during only such 

time as that circumstance continues, treat the records as 

not subject to the requirements of this section.

(2) Whenever informant records maintained by a criminal law enforcement agency under an informant’s name 

or personal identifier are requested by a third party according to the informant’s name or personal identifier, the 

agency may treat the records as not subject to the requirements of this section unless the informant’s status as an 

informant has been officially confirmed.
144 | BASIC LAWS and AUTHORITIES 

(3) Whenever a request is made which involves access 

to records maintained by the Federal Bureau of Investigation pertaining to foreign intelligence or counterintelligence, or international terrorism, and the existence of the 

records is classified information as provided in subsection 

(b)(1), the Bureau may, as long as the existence of the 

records remains classified information, treat the records as 

not subject to the requirements of this section.

(d) This section does not authorize withholding of 

information or limit the availability of records to the public, 

except as specifically stated in this section. This section is 

not authority to withhold information from Congress.

(e)(1) On or before February 1 of each year, each agency 

shall submit to the Attorney General of the United States 

a report which shall cover the preceding fiscal year and 

which shall include—

(A) the number of determinations made by the agency not to comply with requests for records made to such 

agency under subsection (a) and the reasons for each such 

determination;

(B)(i) the number of appeals made by persons under 

subsection (a)(6), the result of such appeals, and the reason for the action upon each appeal that results in a denial 

of information; and

(ii) a complete list of all statutes that the agency relies 

upon to authorize the agency to withhold information 

under subsection (b)(3), the number of occasions on 

which each statute was relied upon, a description of 

whether a court has upheld the decision of the agency 

to withhold information under each such statute, and 

a concise description of the scope of any information 

withheld;

(C) the number of requests for records pending before 

the agency as of September 30 of the preceding year, and 

the median and average number of days that such requests 

had been pending before the agency as of that date;

(D) the number of requests for records received by the agency and the number of requests which the agency processed;

(E) the median number of days taken by the agency to 

process different types of requests, based on the date on 

which the requests were received by the agency;

(F) the average number of days for the agency to respond to a request beginning on the date on which the 

request was received by the agency, the median number 

of days for the agency to respond to such requests, and 

the range in number of days for the agency to respond to 

such requests;

(G) based on the number of business days that have 

elapsed since each request was originally received by the 

agency—

(i) the number of requests for records to which the 

agency has responded with a determination within a 

period up to and including 20 days, and in 20-day increments up to and including 200 days;

(ii) the number of requests for records to which the 

agency has responded with a determination within a 

period greater than 200 days and less than 301 days;

(iii) the number of requests for records to which the 

agency has responded with a determination within a period greater than 300 days and less than 401 days; and

(iv) the number of requests for records to which the 

agency has responded with a determination within a 

period greater than 400 days;

(H) the average number of days for the agency to provide the granted information beginning on the date on 

which the request was originally filed, the median number 

of days for the agency to provide the granted information, 

and the range in number of days for the agency to provide 

the granted information;

(I) the median and average number of days for the 

agency to respond to administrative appeals based on the 

date on which the appeals originally were received by the 

agency, the highest number of business days taken by the 

agency to respond to an administrative appeal, and the 

lowest number of business days taken by the agency to 

respond to an administrative appeal;

(J) data on the 10 active requests with the earliest filing dates pending at each agency, including the amount 

of time that has elapsed since each request was originally 

received by the agency;

(K) data on the 10 active administrative appeals with 

the earliest filing dates pending before the agency as of 
BASIC LAWS and AUTHORITIES | 145

September 30 of the preceding year, including the number of business days that have elapsed since the requests 

were originally received by the agency;

(L) the number of expedited review requests that are 

granted and denied, the average and median number of 

days for adjudicating expedited review requests, and the 

number adjudicated within the required 10 days;

(M) the number of fee waiver requests that are granted 

and denied, and the average and median number of days 

for adjudicating fee waiver determinations;

(N) the total amount of fees collected by the agency for 

processing requests; and

(O) the number of full-time staff of the agency devoted 

to processing requests for records under this section, and 

the total amount expended by the agency for processing 

such requests.

(2) Information in each report submitted under paragraph (1) shall be expressed in terms of each principal 

component of the agency and for the agency overall.

(3) Each agency shall make each such report available 

to the public including by computer telecommunications, or if computer telecommunications means have 

not been established by the agency, by other electronic 

means. In addition, each agency shall make the raw statistical data used in its reports available electronically to 

the public upon request.

(4) The Attorney General of the United States shall 

make each report which has been made available by 

electronic means available at a single electronic access 

point. The Attorney General of the United States shall 

notify the Chairman and ranking minority member 

of the Committee on Government Reform and Oversight of the House of Representatives and the Chairman and ranking minority member of the Committees on Governmental Affairs and the Judiciary of the 

Senate, no later than April 1 of the year in which each 

such report is issued, that such reports are available by 

electronic means.

(5) The Attorney General of the United States, in 

consultation with the Director of the Office of Management and Budget, shall develop reporting and performance guidelines in connection with reports required 

by this subsection by October 1, 1997, and may establish additional requirements for such reports as the 

Attorney General determines may be useful.

(6) The Attorney General of the United States shall 

submit an annual report on or before April 1 of each 

calendar year which shall include for the prior calendar 

year a listing of the number of cases arising under this 

section, the exemption involved in each case, the disposition of such case, and the cost, fees, and penalties assessed under subparagraphs (E), (F), and (G) of subsection (a)(4). Such report shall also include a description 

of the efforts undertaken by the Department of Justice 

to encourage agency compliance with this section.

(f) For purposes of this section, the term—

(1) “agency” as defined in section 551(1) of this title

includes any executive department, military department, 

Government corporation, Government controlled 

corporation, or other establishment in the executive branch 

of the Government (including the Executive Office of the 

President), or any independent regulatory agency; and

(2) “record” and any other term used in this section in 

reference to information includes—

(A) any information that would be an agency record 

subject to the requirements of this section when maintained by an agency in any format, including an electronic format; and

(B) any information described under subparagraph 

(A) that is maintained for an agency by an entity under Government contract, for the purposes of records 

management.

(g) The head of each agency shall prepare and make 

publicly available upon request, reference material or 

a guide for requesting records or information from the 

agency, subject to the exemptions in subsection (b), 

including—

(1) an index of all major information systems of the 

agency;

(2) a description of major information and record locator systems maintained by the agency; and
146 | BASIC LAWS and AUTHORITIES 

(3) a handbook for obtaining various types and categories of public information from the agency pursuant 

to chapter 35 of title 44, and under this section.

(h)(1) There is established the Office of Government 

Information Services within the National Archives and 

Records Administration.

(2) The Office of Government Information Services 

shall—

(A) review policies and procedures of administrative agencies under this section;

(B) review compliance with this section by administrative agencies; and

(C) recommend policy changes to Congress and 

the President to improve the administration of this 

section.

(3) The Office of Government Information Services 

shall offer mediation services to resolve disputes between persons making requests under this section and 

administrative agencies as a non-exclusive alternative 

to litigation and, at the discretion of the Office, may 

issue advisory opinions if mediation has not resolved 

the dispute.

(i) The Government Accountability Office shall conduct 

audits of administrative agencies on the implementation 

of this section and issue reports detailing the results of 

such audits.

(j) Each agency shall designate a Chief FOIA Officer who 

shall be a senior official of such agency (at the Assistant 

Secretary or equivalent level).

(k) The Chief FOIA Officer of each agency shall, subject 

to the authority of the head of the agency—

(1) have agency-wide responsibility for efficient and appropriate compliance with this section;

(2) monitor implementation of this section throughout 

the agency and keep the head of the agency, the chief legal 

officer of the agency, and the Attorney General appropriately informed of the agency’s performance in implementing this section;

(3) recommend to the head of the agency such adjustments to agency practices, policies, personnel, and funding as may be necessary to improve its implementation of 

this section;

(4) review and report to the Attorney General, through 

the head of the agency, at such times and in such formats 

as the Attorney General may direct, on the agency’s performance in implementing this section;

(5) facilitate public understanding of the purposes of 

the statutory exemptions of this section by including concise descriptions of the exemptions in both the agency’s 

handbook issued under subsection (g), and the agency’s 

annual report on this section, and by providing an overview, where appropriate, of certain general categories of 

agency records to which those exemptions apply; and

(6) designate one or more FOIA Public Liaisons.

(l) FOIA Public Liaisons shall report to the agency Chief 

FOIA Officer and shall serve as supervisory officials to 

whom a requester under this section can raise concerns 

about the service the requester has received from the FOIA 

Requester Center, following an initial response from the 

FOIA Requester Center Staff. FOIA Public Liaisons shall 

be responsible for assisting in reducing delays, increasing 

transparency and understanding of the status of requests, 

and assisting in the resolution of disputes.
BASIC LAWS and AUTHORITIES | 147

THE PRIVACY ACT OF 1974

5 U.S.C. § 552a, As Amended

§ 552A. RECORDS MAINTAINED ON 

INDIVIDUALS

(a) Definitions

For purposes of this section—

(1) the term “agency” means agency as defined in section 552(f) of this title;

(2) the term “individual” means a citizen of the United 

States or an alien lawfully admitted for permanent residence;

(3) the term “maintain” includes maintain, collect, use 

or disseminate;

(4) the term “record” means any item, collection, or 

grouping of information about an individual that is maintained by an agency, including, but not limited to, his education, financial transactions, medical history, and criminal or employment history and that contains his name, 

or the identifying number, symbol, or other identifying 

particular assigned to the individual, such as a finger or 

voice print or a photograph;

(5) the term “system of records” means a group of any 

records under the control of any agency from which information is retrieved by the name of the individual or 

by some identifying number, symbol, or other identifying 

particular assigned to the individual;

(6) the term “statistical record” means a record in a system of records maintained for statistical research or reporting purposes only and not used in whole or in part in 

making any determination about an identifiable individual, except as provided by section 8 of Title 13;

(7) the term “routine use” means, with respect to the disclosure of a record, the use of such record for a purpose which 

is compatible with the purpose for which it was collected;

(8) the term “matching program”—

(A) means any computerized comparison of—

(i) two or more automated systems of records or 

a system of records with non-Federal records for 

the purpose of—

(I) establishing or verifying the eligibility of, 

or continuing compliance with statutory and 

regulatory requirements by, applicants for, 

recipients or beneficiaries of, participants in, 

or providers of services with respect to, cash or 

in-kind assistance or payments under Federal 

benefit programs, or

(II) recouping payments or delinquent debts 

under such Federal benefit programs, or

(ii) two or more automated Federal personnel 

or payroll systems of records or a system of Federal personnel or payroll records with non-Federal 

records,

(B) but does not include—

(i) matches performed to produce aggregate statistical data without any personal identifiers;

(ii) matches performed to support any research 

or statistical project, the specific data of which 

may not be used to make decisions concerning the 

rights, benefits, or privileges of specific individuals;

(iii) matches performed, by an agency (or component thereof) which performs as its principal 

function any activity pertaining to the enforcement 

of criminal laws, subsequent to the initiation of a 

specific criminal or civil law enforcement investigation of a named person or persons for the purpose of 

gathering evidence against such person or persons;
148 | BASIC LAWS and AUTHORITIES 

(iv) matches of tax information (I) pursuant to 

section 6103(d) of the Internal Revenue Code of 

1986, (II) for purposes of tax administration as 

defined in section 6103(b)(4) of such Code, (III) 

for the purpose of intercepting a tax refund due 

an individual under authority granted by section 

404(e), 464, or 1137 of the Social Security Act; or 

(IV) for the purpose of intercepting a tax refund 

due an individual under any other tax refund intercept program authorized by statute which has 

been determined by the Director of the Office of 

Management and Budget to contain verification, 

notice, and hearing requirements that are substantially similar to the procedures in section 1137 of 

the Social Security Act;

(v) matches—

(I) using records predominantly relating to 

Federal personnel, that are performed for 

routine administrative purposes (subject to 

guidance provided by the Director of the 

Office of Management and Budget pursuant to 

subsection (v)); or

(II) conducted by an agency using only records 

from systems of records maintained by that 

agency; if the purpose of the match is not to take 

any adverse financial, personnel, disciplinary, or 

other adverse action against Federal personnel; or

(vi) matches performed for foreign counterintelligence purposes or to produce background checks 

for security clearances of Federal personnel or Federal contractor personnel; or

(vii) matches performed incident to a levy described in section 6103(k)(8) of the Internal Revenue Code of 1986;

(9) the term “recipient agency” means any agency, or 

contractor thereof, receiving records contained in a system of records from a source agency for use in a matching 

program;

(10) the term “non-Federal agency” means any State 

or local government, or agency thereof, which receives 

records contained in a system of records from a source 

agency for use in a matching program;

(11) the term “source agency” means any agency which 

discloses records contained in a system of records to be 

used in a matching program, or any State or local government, or agency thereof, which discloses records to be 

used in a matching program;

(12) the term “Federal benefit program” means any 

program administered or funded by the Federal Government, or by any agent or State on behalf of the Federal 

Government, providing cash or in-kind assistance in the 

form of payments, grants, loans, or loan guarantees to individuals; and

(13) the term “Federal personnel” means officers and 

employees of the Government of the United States, 

members of the uniformed services (including members 

of the Reserve Components), individuals entitled to receive immediate or deferred retirement benefits under 

any retirement program of the Government of the United 

States (including survivor benefits).

(b) Conditions of disclosure: No agency shall disclose any 

record which is contained in a system of records by any 

means of communication to any person, or to another 

agency, except pursuant to a written request by, or with 

the prior written consent of, the individual to whom the 

record pertains, unless disclosure of the record would 

be—

(1) to those officers and employees of the agency which 

maintains the record who have a need for the record in the 

performance of their duties;

(2) required under section 552 of this title;

(3) for a routine use as defined in subsection (a)(7) of 

this section and described under subsection (e)(4)(D) of 

this section;

(4) to the Bureau of the Census for purposes of planning or carrying out a census or survey or related activity 

pursuant to the provisions of Title 13;
BASIC LAWS and AUTHORITIES | 149

(5) to a recipient who has provided the agency with 

advance adequate written assurance that the record will 

be used solely as a statistical research or reporting record, 

and the record is to be transferred in a form that is not 

individually identifiable;

(6) to the National Archives and Records Administration as a record which has sufficient historical or other 

value to warrant its continued preservation by the United 

States Government, or for evaluation by the Archivist of 

the United States or the designee of the Archivist to determine whether the record has such value;

(7) to another agency or to an instrumentality of any 

governmental jurisdiction within or under the control of 

the United States for a civil or criminal law enforcement 

activity if the activity is authorized by law, and if the head 

of the agency or instrumentality has made a written request to the agency which maintains the record specifying 

the particular portion desired and the law enforcement 

activity for which the record is sought;

(8) to a person pursuant to a showing of compelling circumstances affecting the health or safety of an individual 

if upon such disclosure notification is transmitted to the 

last known address of such individual;

(9) to either House of Congress, or, to the extent of 

matter within its jurisdiction, any committee or subcommittee hereof, any joint committee of Congress or subcommittee of any such joint committee;

(10) to the Comptroller General, or any of his authorized representatives, in the course of the performance of 

the duties of the General Accounting Office;

(11) pursuant to the order of a court of competent jurisdiction; or

(12) to a consumer reporting agency in accordance 

with section 3711(e) of Title 31.

(c) Accounting of Certain Disclosures. Each agency, with 

respect to each system of records under its control, shall—

(1) except for disclosures made under subsections 

(b)(1) or (b)(2) of this section, keep an accurate accounting of—

(A) the date, nature, and purpose of each disclosure 

of a record to any person or to another agency made 

under subsection (b) of this section; and

(B) the name and address of the person or agency to 

whom the disclosure is made;

(2) retain the accounting made under paragraph (1) of 

this subsection for at least five years or the life of the record, whichever is longer, after the disclosure for which 

the accounting is made;

(3) except for disclosures made under subsection (b)(7) 

of this section, make the accounting made under paragraph (1) of this subsection available to the individual 

named in the record at his request; and

(4) inform any person or other agency about any correction or notation of dispute made by the agency in accordance with subsection (d) of this section of any record 

that has been disclosed to the person or agency if an accounting of the disclosure was made.

(d) Access to records. Each agency that maintains a system 

of records shall—

(1) upon request by any individual to gain access to 

his record or to any information pertaining to him which 

is contained in the system, permit him and upon his request, a person of his own choosing to accompany him, 

to review the record and have a copy made of all or any 

portion thereof in a form comprehensible to him, except 

that the agency may require the individual to furnish a 

written statement authorizing discussion of that individual’s record in the accompanying person’s presence;

(2) permit the individual to request amendment of a 

record pertaining to him and—

(A) not later than 10 days (excluding Saturdays, Sundays, and legal public holidays) after the date of receipt 

of such request, acknowledge in writing such receipt; 

and
150 | BASIC LAWS and AUTHORITIES 

(B) promptly, either—

(i) make any correction of any portion thereof 

which the individual believes is not accurate, relevant, timely, or complete; or

(ii) inform the individual of its refusal to amend 

the record in accordance with his request, the reason for the refusal, the procedures established by 

the agency for the individual to request a review 

of that refusal by the head of the agency or an officer designated by the head of the agency, and the 

name and business address of that official;

(3) permit the individual who disagrees with the refusal 

of the agency to amend his record to request a review of 

such refusal, and not later than 30 days (excluding Saturdays, Sundays, and legal public holidays) from the date 

on which the individual requests such review, complete 

such review and make a final determination unless, for 

good cause shown, the head of the agency extends such 

30-day period; and if, after his review, the reviewing official also refuses to amend the record in accordance with 

the request, permit the individual to file with the agency a concise statement setting forth the reasons for his 

disagreement with the refusal of the agency, and notify 

the individual of the provisions for judicial review of the 

reviewing official’s determination under subsection (g)(1)

(A) of this section;

(4) in any disclosure, containing information about 

which the individual has filed a statement of disagreement, 

occurring after the filing of the statement under paragraph 

(3) of this subsection, clearly note any portion of the record which is disputed and provide copies of the statement 

and, if the agency deems it appropriate, copies of a concise statement of the reasons of the agency for not making 

the amendments requested, to persons or other agencies to 

whom the disputed record has been disclosed; and

(5) nothing in this section shall allow an individual access to any information compiled in reasonable anticipation of a civil action or proceeding.

(e) Agency requirements. Each agency that maintains a 

system of records shall—

(1) maintain in its records only such information 

about an individual as is relevant and necessary to accomplish a purpose of the agency required to be accomplished by statute or by Executive order of the 

President; 

(2) collect information to the greatest extent practicable directly from the subject individual when the information may result in adverse determinations about 

an individual’s rights, benefits, and privileges under 

Federal programs;

(3) inform each individual whom it asks to supply 

information, on the form which it uses to collect the 

information or on a separate form that can be retained 

by the individual—

(A) the authority (whether granted by statute, 

or by Executive order of the President) which authorizes the solicitation of the information and 

whether disclosure of such information is mandatory or voluntary;

(B) the principal purpose or purposes for which 

the information is intended to be used;

(C) the routine uses which may be made of the 

information, as published pursuant to paragraph 

(4)(D) of this subsection; and

(D) the effects on him, if any, of not providing 

all or any part of the requested information;

(4) subject to the provisions of paragraph (11) of this 

subsection, publish in the Federal Register upon establishment or revision a notice of the existence and character of 

the system of records, which notice shall include—

(A) the name and location of the system;

(B) the categories of individuals on whom records are 

maintained in the system;

(C) the categories of records maintained in the 

system;
BASIC LAWS and AUTHORITIES | 151

(D) each routine use of the records contained in the 

system, including the categories of users and the purpose of such use;

(E) the policies and practices of the agency regarding 

storage, retrievability, access controls, retention, and 

disposal of the records;

(F) the title and business address of the agency official who is responsible for the system of records;

(G) the agency procedures whereby an individual can 

be notified at his request if the system of records contains a record pertaining to him;

(H) the agency procedures whereby an individual can 

be notified at his request how he can gain access to any 

record pertaining to him contained in the system of records, and how he can contest its content; and

(I) the categories of sources of records in the system;

(5) maintain all records which are used by the agency 

in making any determination about any individual with 

such accuracy, relevance, timeliness, and completeness as 

is reasonably necessary to assure fairness to the individual 

in the determination;

(6) prior to disseminating any record about an individual to any person other than an agency, unless the 

dissemination is made pursuant to subsection (b)(2) of 

this section, make reasonable efforts to assure that such 

records are accurate, complete, timely, and relevant for 

agency purposes;

(7) maintain no record describing how any individual 

exercises rights guaranteed by the First Amendment unless expressly authorized by statute or by the individual 

about whom the record is maintained or unless pertinent 

to and within the scope of an authorized law enforcement 

activity;

(8) make reasonable efforts to serve notice on an individual when any record on such individual is made available to any person under compulsory legal process when 

such process becomes a matter of public record;

(9) establish rules of conduct for persons involved in 

the design, development, operation, or maintenance of 

any system of records, or in maintaining any record, and 

instruct each such person with respect to such rules and 

the requirements of this section, including any other rules 

and procedures adopted pursuant to this section and the 

penalties for noncompliance;

(10) establish appropriate administrative, technical and 

physical safeguards to insure the security and confidentiality of records and to protect against any anticipated 

threats or hazards to their security or integrity which 

could result in substantial harm, embarrassment, inconvenience, or unfairness to any individual on whom information is maintained;

(11) at least 30 days prior to publication of information 

under paragraph (4)(D) of this subsection, publish in the 

Federal Register notice of any new use or intended use of 

the information in the system, and provide an opportunity for interested persons to submit written data, views, or 

arguments to the agency; and

(12) if such agency is a recipient agency or a source 

agency in a matching program with a non-Federal agency, 

with respect to any establishment or revision of a matching program, at least 30 days prior to conducting such 

program, publish in the Federal Register notice of such 

establishment or revision.

(f) Agency rules. In order to carry out the provisions 

of this section, each agency that maintains a system of 

records shall promulgate rules, in accordance with the 

requirements (including general notice) of section 553 of 

this title, which shall—

(1) establish procedures whereby an individual can be 

notified in response to his request if any system of records 

named by the individual contains a record pertaining to 

him;

(2) define reasonable times, places, and requirements 

for identifying an individual who requests his record or information pertaining to him before the agency shall make 

the record or information available to the individual;
152 | BASIC LAWS and AUTHORITIES 

(3) establish procedures for the disclosure to an individual upon his request of his record or information pertaining to him, including special procedure, if deemed necessary, for the disclosure to an individual of medical records, 

including psychological records, pertaining to him;

(4) establish procedures for reviewing a request from 

an individual concerning the amendment of any record 

or information pertaining to the individual, for making 

a determination on the request, for an appeal within the 

agency of an initial adverse agency determination, and for 

whatever additional means may be necessary for each individual to be able to exercise fully his rights under this 

section; and

(5) establish fees to be charged, if any, to any individual 

for making copies of his record, excluding the cost of any 

search for and review of the record.

The Office of the Federal Register shall biennially compile and publish the rules promulgated under this subsection and agency notices published under subsection (e)(4) 

of this section in a form available to the public at low cost.

(g)(1) Civil remedies

Whenever any agency

(A) makes a determination under subsection (d)(3) 

of this section not to amend an individual’s record in 

accordance with his request, or fails to make such review in conformity with that subsection;

(B) refuses to comply with an individual request under subsection (d)(1) of this section;

(C) fails to maintain any record concerning any individual with such accuracy, relevance, timeliness, and 

completeness as is necessary to assure fairness in any 

determination relating to the qualifications, character, 

rights, or opportunities of, or benefits to the individual 

that may be made on the basis of such record, and consequently a determination is made which is adverse to 

the individual; or

(D) fails to comply with any other provision of this 

section, or any rule promulgated thereunder, in such a 

way as to have an adverse effect on an individual, the 

individual may bring a civil action against the agency, 

and the district courts of the United States shall have 

jurisdiction in the matters under the provisions of this 

subsection.

(2)(A) In any suit brought under the provisions of 

subsection (g)(1)(A) of this section, the court may order the agency to amend the individual’s record in accordance with his request or in such other way as the 

court may direct. In such a case the court shall determine the matter de novo.

(B) The court may assess against the United States 

reasonable attorney fees and other litigation costs reasonably incurred in any case under this paragraph in 

which the complainant has substantially prevailed.

(3)(A) In any suit brought under the provisions of 

subsection (g)(1)(B) of this section, the court may enjoin the agency from withholding the records and order 

the production to the complainant of any agency records improperly withheld from him. In such a case the 

court shall determine the matter de novo, and may examine the contents of any agency records in camera to 

determine whether the records or any portion thereof 

may be withheld under any of the exemptions set forth 

in subsection (k) of this section, and the burden is on 

the agency to sustain its action.

(B) The court may assess against the United States 

reasonable attorney fees and other litigation costs reasonably incurred in any case under this paragraph in 

which the complainant has substantially prevailed.

(4) In any suit brought under the provisions of subsection (g)(1)(C) or (D) of this section in which the court 

determines that the agency acted in a manner which was 

intentional or willful, the United States shall be liable to 

the individual in an amount equal to the sum of—

(A) actual damages sustained by the individual as a 

result of the refusal or failure, but in no case shall a 

person entitled to recovery receive less than the sum of 

$1,000; and
BASIC LAWS and AUTHORITIES | 153

(B) the costs of the action together with reasonable 

attorney fees as determined by the court.

(5) An action to enforce any liability created under this 

section may be brought in the district court of the United 

States in the district in which the complainant resides, or 

has his principal place of business, or in which the agency 

records are situated, or in the District of Columbia, without regard to the amount in controversy, within two years 

from the date on which the cause of action arises, except 

that where an agency has materially and willfully misrepresented any information required under this section to 

be disclosed to an individual and the information so misrepresented is material to establishment of the liability of 

the agency to the individual under this section, the action 

may be brought at any time within two years after discovery by the individual of the misrepresentation. Nothing 

in this section shall be construed to authorize any civil 

action by reason of any injury sustained as the result of a 

disclosure of a record prior to September 27, 1975.

(h) Rights of legal guardians. For the purposes of this 

section, the parent of any minor, or the legal guardian of 

any individual who has been declared to be incompetent 

due to physical or mental incapacity or age by a court 

of competent jurisdiction, may act on behalf of the 

individual.

(i)(1) Criminal penalties

Any officer or employee of an agency, who by virtue of 

his employment or official position, has possession of, or 

access to, agency records which contain individually identifiable information the disclosure of which is prohibited 

by this section or by rules or regulations established thereunder, and who knowing that disclosure of the specific 

material is so prohibited, willfully discloses the material 

in any manner to any person or agency not entitled to 

receive it, shall be guilty of a misdemeanor and fined not 

more than $5,000.

(2) Any officer or employee of any agency who willfully 

maintains a system of records without meeting the notice 

requirements of subsection (e)(4) of this section shall be 

guilty of a misdemeanor and fined not more than $5,000.

(3) Any person who knowingly and willfully requests 

or obtains any record concerning an individual from an 

agency under false pretenses shall be guilty of a misdemeanor and fined not more than $5,000.

(j) General exemptions. The head of any agency may 

promulgate rules, in accordance with the requirements 

(including general notice) of sections 553(b)(1), (2), and 

(3), (c), and (e) of this title, to exempt any system of records 

within the agency from any part of this section except 

subsections (b), (c)(1) and (2), (e)(4)(A) through (F), (e)(6), 

(7), (9), (10), and (11), and (i) if the system of records is—

(1) maintained by the Central Intelligence Agency; or

(2) maintained by an agency or component thereof which performs as its principal function any activity 

pertaining to the enforcement of criminal laws, including police efforts to prevent, control, or reduce crime or 

to apprehend criminals, and the activities of prosecutors, 

courts, correctional, probation, pardon, or parole authorities, and which consists of (A) information compiled for 

the purpose of identifying individual criminal offenders 

and alleged offenders and consisting only of identifying 

data and notations of arrests, the nature and disposition 

of criminal charges, sentencing, confinement, release, and 

parole and probation status; (B) information compiled 

for the purpose of a criminal investigation, including reports of informants and investigators, and associated with 

an identifiable individual; or (C) reports identifiable to 

an individual compiled at any stage of the process of enforcement of the criminal laws from arrest or indictment 

through release from supervision.

At the time rules are adopted under this subsection, 

the agency shall include in the statement required under 

section 553(c) of this title, the reasons why the system of 

records is to be exempted from a provision of this section.

(k) Specific exemptions. The head of any agency may 

promulgate rules, in accordance with the requirements 

(including general notice) of sections 553(b)(1), (2), 

and (3), (c), and (e) of this title, to exempt any system of 

records within the agency from subsections (c)(3), (d), (e)

(1), (e)(4)(G), (H), and (I) and (f) of this section if the 

system of records is—
154 | BASIC LAWS and AUTHORITIES 

(1) subject to the provisions of section 552(b)(1) of this 

title;

(2) investigatory material compiled for law enforcement purposes, other than material within the scope of 

subsection (j)(2) of this section: Provided, however, That 

if any individual is denied any right, privilege, or benefit that he would otherwise be entitled by Federal law, or 

for which he would otherwise be eligible, as a result of 

the maintenance of such material, such material shall be 

provided to such individual, except to the extent that the 

disclosure of such material would reveal the identity of 

a source who furnished information to the Government 

under an express promise that the identity of the source 

would be held in confidence, or, prior to the effective date 

of this section, under an implied promise that the identity 

of the source would be held in confidence;

(3) maintained in connection with providing protective 

services to the President of the United States or other individuals pursuant to section 3056 of Title 18;

(4) required by statute to be maintained and used solely 

as statistical records;

(5) investigatory material compiled solely for the purpose of determining suitability, eligibility, or qualifications 

for Federal civilian employment, military service, Federal 

contracts, or access to classified information, but only to 

the extent that the disclosure of such material would reveal 

the identity of a source who furnished information to the 

Government under an express promise that the identity of 

the source would be held in confidence, or, prior to the 

effective date of this section, under an implied promise that 

the identity of the source would be held in confidence;

(6) testing or examination material used solely to determine individual qualifications for appointment or 

promotion in the Federal service the disclosure of which 

would compromise the objectivity or fairness of the testing or examination process; or

(7) evaluation material used to determine potential for 

promotion in the armed services, but only to the extent 

that the disclosure of such material would reveal the identity of a source who furnished information to the Government under an express promise that the identity of the 

source would be held in confidence, or, prior to the effective date of this section, under an implied promise that 

the identity of the source would be held in confidence.

At the time rules are adopted under this subsection, 

the agency shall include in the statement required under 

section 553(c) of this title, the reasons why the system of 

records is to be exempted from a provision of this section.

(1) Archival records

(1) Each agency record which is accepted by the Archivist of the United States for storage, processing, and servicing in accordance with section 3103 of Title 44 shall, 

for the purposes of this section, be considered to be maintained by the agency which deposited the record and shall 

be subject to the provisions of this section. The Archivist 

of the United States shall not disclose the record except 

to the agency which maintains the record, or under rules 

established by that agency which are not inconsistent with 

the provisions of this section.

(2) Each agency record pertaining to an identifiable individual which was transferred to the National Archives of 

the United States as a record which has sufficient historical or other value to warrant its continued preservation 

by the United States Government, prior to the effective 

date of this section, shall, for the purposes of this section, 

be considered to be maintained by the National Archives 

and shall not be subject to the provisions of this section, 

except that a statement generally describing such records 

(modeled after the requirements relating to records subject to subsections (e)(4)(A) through (G) of this section) 

shall be published in the Federal Register.

(3) Each agency record pertaining to an identifiable individual which is transferred to the National Archives of 

the United States as a record which has sufficient historical or other value to warrant its continued preservation 

by the United States Government, on or after the effective 

date of this section, shall, for the purposes of this section, 

be considered to be maintained by the National Archives 

and shall be exempt from the requirements of this section except subsections (e)(4)(A) through (G) and (e)(9) 

of this section.
BASIC LAWS and AUTHORITIES | 155

(m) Government contractors

(1) When an agency provides by a contract for the operation by or on behalf of the agency of a system of records to accomplish an agency function, the agency shall, 

consistent with its authority, cause the requirements of 

this section to be applied to such system. For purposes of 

subsection (i) of this section any such contractor and any 

employee of such contractor, if such contract is agreed to 

on or after the effective date of this section, shall be considered to be an employee of an agency.

(2) A consumer reporting agency to which a record is 

disclosed under section 3711(e) of Title 31 shall not be 

considered a contractor for the purposes of this section.

(n) Mailing lists. An individual’s name and address may 

not be sold or rented by an agency unless such action is 

specifically authorized by law. This provision shall not 

be construed to require the withholding of names and 

addresses otherwise permitted to be made public.

(o) Matching agreements— (1) No record which is 

contained in a system of records may be disclosed to a 

recipient agency or non-Federal agency for use in a 

computer matching program except pursuant to a written 

agreement between the source agency and the recipient 

agency or non-Federal agency specifying—

(A) the purpose and legal authority for conducting 

the program;

(B) the justification for the program and the anticipated results, including a specific estimate of any savings;

(C) a description of the records that will be matched, 

including each data element that will be used, the approximate number of records that will be matched, 

and the projected starting and completion dates of the 

matching program;

(D) procedures for providing individualized notice at 

the time of application, and notice periodically thereafter as directed by the Data Integrity Board of such 

agency (subject to guidance provided by the Director 

of the Office of Management and Budget pursuant to 

subsection (v)), to—

(i) applicants for and recipients of financial assistance 

or payments under Federal benefit programs, and

(ii) applicants for and holders of positions as 

Federal personnel, that any information provided 

by such applicants, recipients, holders, and individuals may be subject to verification through 

matching programs;

(E) procedures for verifying information produced in 

such matching program as required by subsection (p);

(F) procedures for the retention and timely destruction of identifiable records created by a recipient agency 

or non-Federal agency in such matching program;

(G) procedures for ensuring the administrative, technical, and physical security of the records matched and 

the results of such programs;

(H) prohibitions on duplication and redisclosure of 

records provided by the source agency within or outside 

the recipient agency or the non-Federal agency, except 

where required by law or essential to the conduct of the 

matching program;

(I) procedures governing the use by a recipient agency 

or non-Federal agency of records provided in a matching program by a source agency, including procedures 

governing return of the records to the source agency or 

destruction of records used in such program;

(J) information on assessments that have been made 

on the accuracy of the records that will be used in such 

matching program; and

(K) that the Comptroller General may have access to 

all records of a recipient agency or a non-Federal agency 

that the Comptroller General deems necessary in order 

to monitor or verify compliance with the agreement.

(2)(A) A copy of each agreement entered into pursuant 

to paragraph (1) shall—
156 | BASIC LAWS and AUTHORITIES 

(i) be transmitted to the Committee on Governmental Affairs of the Senate and the Committee 

on Government Operations of the House of Representatives; and

(ii) be available upon request to the public.

(B) No such agreement shall be effective until 30 

days after the date on which such a copy is transmitted 

pursuant to subparagraph (A)(i).

(C) Such an agreement shall remain in effect only 

for such period, not to exceed 18 months, as the Data 

Integrity Board of the agency determines is appropriate 

in light of the purposes, and length of time necessary 

for the conduct, of the matching program.

(D) Within 3 months prior to the expiration of such 

an agreement pursuant to subparagraph (C), the Data 

Integrity Board of the agency may, without additional 

review, renew the matching agreement for a current, 

ongoing matching program for not more than one additional year if—

(i) such program will be conducted without any 

change; and

(ii) each party to the agreement certifies to the 

Board in writing that the program has been conducted in compliance with the agreement.

(p) Verification and Opportunity to Contest Findings

(1) In order to protect any individual whose records are 

used in a matching program, no recipient agency, Federal 

agency, or source agency may suspend, terminate, reduce, 

or make a final denial of any financial assistance or payment under a Federal benefit program to such individual, 

or take other adverse action against such individual, as 

a result of information produced by such matching program, until—

(A)(i) the agency has independently verified the information; or

(ii) the Data Integrity Board of the agency, or in 

the case of a non-Federal agency the Data Integrity 

Board of the source agency, determines in accordance with guidance issued by the Director of the 

Office of Management and Budget that—

(I) the information is limited to identification 

and amount of benefits paid by the source 

agency under a Federal benefit program; and

(II) there is a high degree of confidence that the 

information provided to the recipient agency is 

accurate;

(B) the individual receives a notice from the agency 

containing a statement of its findings and informing 

the individual of the opportunity to contest such findings; and

(C)(i) the expiration of any time period established 

for the program by statute or regulation for the individual to respond to that notice; or

(ii) in the case of a program for which no such 

period is established, the end of the 30-day period 

beginning on the date on which notice under subparagraph (B) is mailed or otherwise provided to 

the individual.

(2) Independent verification referred to in paragraph 

(1) requires investigation and confirmation of specific information relating to an individual that is used as a basis 

for an adverse action against the individual, including 

where applicable investigation and confirmation of—

(A) the amount of any asset or income involved;

(B) whether such individual actually has or had access to such asset or income for such individual’s own 

use; and

(C) the period or periods when the individual actually had such asset or income.

(3) Notwithstanding paragraph (1), an agency may 

take any appropriate action otherwise prohibited by such 

paragraph if the agency determines that the public health 
BASIC LAWS and AUTHORITIES | 157

or public safety may be adversely affected or significantly threatened during any notice period required by such 

paragraph.

(q) Sanctions

(1) Notwithstanding any other provision of law, no 

source agency may disclose any record which is contained 

in a system of records to a recipient agency or non-Federal 

agency for a matching program if such source agency has 

reason to believe that the requirements of subsection (p), 

or any matching agreement entered into pursuant to subsection (o), or both, are not being met by such recipient 

agency.

(2) No source agency may renew a matching agreement 

unless—

(A) the recipient agency or non-Federal agency has 

certified that it has complied with the provisions of that 

agreement; and

(B) the source agency has no reason to believe that 

the certification is inaccurate.

(r) Report on new systems and matching programs. Each 

agency that proposes to establish or make a significant 

change in a system of records or a matching program shall 

provide adequate advance notice of any such proposal (in 

duplicate) to the Committee on Government Operations 

of the House of Representatives, the Committee on 

Governmental Affairs of the Senate, and the Office of 

Management and Budget in order to permit an evaluation 

of the probable or potential effect of such proposal on the 

privacy or other rights of individuals.

(s) Biennial report. The President shall biennially submit 

to the Speaker of the House of Representatives and the 

President pro tempore of the Senate a report—

(1) describing the actions of the Director of the Office 

of Management and Budget pursuant to section 6 of the 

Privacy Act of 1974 during the preceding two years;

(2) describing the exercise of individual rights of access 

and amendment under this section during such years;

(3) identifying changes in or additions to systems of 

records;

(4) containing such other information concerning administration of this section as may be necessary or useful 

to the Congress in reviewing the effectiveness of this section in carrying out the purposes of the Privacy Act of 

1974.

(t) Effect of other laws

(1) No agency shall rely on any exemption contained 

in section 552 of this title to withhold from an individual 

any record which is otherwise accessible to such individual under the provisions of this section.

(2) No agency shall rely on any exemption in this section to withhold from an individual any record which is 

otherwise accessible to such individual under the provisions of section 552 of this title.

(u) Data Integrity Boards

(1) Every agency conducting or participating in a 

matching program shall establish a Data Integrity Board 

to oversee and coordinate among the various components 

of such agency the agency’s implementation of this section.

(2) Each Data Integrity Board shall consist of senior 

officials designated by the head of the agency, and shall 

include any senior official designated by the head of the 

agency as responsible for implementation of this section, 

and the inspector general of the agency, if any. The inspector general shall not serve as chairman of the Data 

Integrity Board.

(3) Each Data Integrity Board—

(A) shall review, approve, and maintain all written 

agreements for receipt or disclosure of agency records 

for matching programs to ensure compliance with subsection (o), and all relevant statutes, regulations, and 

guidelines;

(B) shall review all matching programs in which 
158 | BASIC LAWS and AUTHORITIES 

the agency has participated during the year, either as 

a source agency or recipient agency, determine compliance with applicable laws, regulations, guidelines, and 

agency agreements, and assess the costs and benefits of 

such programs;

(C) shall review all recurring matching programs in 

which the agency has participated during the year, either as a source agency or recipient agency, for continued justification for such disclosures;

(D) shall compile an annual report, which shall be 

submitted to the head of the agency and the Office of 

Management and Budget and made available to the 

public on request, describing the matching activities of 

the agency, including—

(i) matching programs in which the agency has 

participated as a source agency or recipient agency;

(ii) matching agreements proposed under subsection (o) that were disapproved by the Board;

(iii) any changes in membership or structure of 

the Board in the preceding year;

(iv) the reasons for any waiver of the requirement in paragraph (4) of this section for completion and submission of a cost-benefit analysis prior 

to the approval of a matching program;

(v) any violations of matching agreements that 

have been alleged or identified and any corrective 

action taken; and

(vi) any other information required by the Director of the Office of Management and Budget to 

be included in such report;

(E) shall serve as a clearinghouse for receiving and 

providing information on the accuracy, completeness, 

and reliability of records used in matching programs;

(F) shall provide interpretation and guidance to 

agency components and personnel on the requirements 

of this section for matching programs;

(G) shall review agency recordkeeping and disposal 

policies and practices for matching programs to assure 

compliance with this section; and

(H) may review and report on any agency matching 

activities that are not matching programs.

(4)(A) Except as provided in subparagraphs (B) and (C), 

a Data Integrity Board shall not approve any written agreement for a matching program unless the agency has completed and submitted to such Board a cost-benefit analysis 

of the proposed program and such analysis demonstrates 

that the program is likely to be cost effective.

(B) The Board may waive the requirements of subparagraph (A) of this paragraph if it determines in writing, in accordance with guidelines prescribed by the Director of the Office of Management and Budget, that a 

cost-benefit analysis is not required.

(C) A cost-benefit analysis shall not be required under subparagraph (A) prior to the initial approval of a 

written agreement for a matching program that is specifically required by statute. Any subsequent written 

agreement for such a program shall not be approved by 

the Data Integrity Board unless the agency has submitted a cost-benefit analysis of the program as conducted 

under the preceding approval of such agreement.

(5)(A) If a matching agreement is disapproved by a Data 

Integrity Board, any party to such agreement may appeal 

the disapproval to the Director of the Office of Management and Budget. Timely notice of the filing of such an appeal shall be provided by the Director of the Office of Management and Budget to the Committee on Governmental 

Affairs of the Senate and the Committee on Government 

Operations of the House of Representatives.

(B) The Director of the Office of Management and 

Budget may approve a matching agreement notwithstanding the disapproval of a Data Integrity Board if 

the Director determines that—

(i) the matching program will be consistent with 

all applicable legal, regulatory, and policy requirements;
BASIC LAWS and AUTHORITIES | 159

(ii) there is adequate evidence that the matching 

agreement will be cost- effective; and

(iii) the matching program is in the public interest.

(C) The decision of the Director to approve a matching agreement shall not take effect until 30 days after 

it is reported to committees described in subparagraph 

(A).

(D) If the Data Integrity Board and the Director of 

the Office of Management and Budget disapprove a 

matching program proposed by the inspector general 

of an agency, the inspector general may report the disapproval to the head of the agency and to the Congress.

(6) The Director of the Office of Management and Budget shall, annually during the first 3 years after the date 

of enactment of this subsection and biennially thereafter, 

consolidate in a report to the Congress the information 

contained in the reports from the various Data Integrity 

Boards under paragraph (3)(D). Such report shall include 

detailed information about costs and benefits of matching 

programs that are conducted during the period covered by 

such consolidated report, and shall identify each waiver 

granted by a Data Integrity Board of the requirement for 

completion and submission of a cost-benefit analysis and 

the reasons for granting the waiver.

(7) In the reports required by paragraphs (3)(D) and 

(6), agency matching activities that are not matching programs may be reported on an aggregate basis, if and to the 

extent necessary to protect ongoing law enforcement or 

counterintelligence investigations.

(v) Office of Management and Budget Responsibilities

The Director of the Office of Management and Budget 

shall—

(1) develop and, after notice and opportunity for public 

comment, prescribe guidelines and regulations for the use 

of agencies in implementing the provisions of this section; 

and

(2) provide continuing assistance to and oversight of 

the implementation of this section by agencies.

The following section was originally part of the Privacy Act but was not codified; it may be found at § 552a 

(note).

Sec. 7 (a)(1) It shall be unlawful for any Federal, State 

or local government agency to deny to any individual any 

right, benefit, or privilege provided by law because of such 

individual’s refusal to disclose his social security account 

number.

(2) the provisions of paragraph (1) of this subsection 

shall not apply with respect to—

(A) any disclosure which is required by Federal statute, or

(B) any disclosure of a social security number to any 

Federal, State, or local agency maintaining a system of 

records in existence and operating before January 1, 

1975, if such disclosure was required under statute or 

regulation adopted prior to such date to verify the identity of an individual.

(b) Any Federal, State or local government agency which 

requests an individual to disclose his social security 

account number shall inform that individual whether that 

disclosure is mandatory or voluntary, by what statutory or 

other authority such number is solicited, and what uses 

will be made of it.

The following sections were originally part of P.L. 100-

503, the Computer Matching and Privacy Protection Act 

of 1988; they may be found at § 552a (note).

Sec. 6 Functions of the Director of the Office of Management and Budget.

(b) Implementation Guidance for Amendments— The 

Director shall, pursuant to section 552a(v) of Title 5, 

United States Code, develop guidelines and regulations 

for the use of agencies in implementing the amendments 

made by this Act not later than 8 months after the date of 

enactment of this Act.
160 | BASIC LAWS and AUTHORITIES 

Sec. 9 Rules of Construction.

Nothing in the amendments made by this Act shall be 

construed to authorize—

(1) the establishment or maintenance by any agency 

of a national data bank that combines, merges, or links 

information on individuals maintained in systems of records by other Federal agencies;

(2) the direct linking of computerized systems of records maintained by Federal agencies;

(3) the computer matching of records not otherwise 

authorized by law; or

(4) the disclosure of records for computer matching except to a Federal, State, or local agency.

Sec. 10 Effective Dates.

(a) In General— Except as provided in subsection 

(b), the amendments made by this Act shall take effect 9 

months after the date of enactment of this Act.

(b) Exceptions— The amendment made by sections 

3(b) [Notice of Matching Programs - Report to Congress 

and the Office of Management and Budget], 6 [Functions 

of the Director of the Office of Management and Budget], 7 [Compilation of Rules and Notices] and 8 [Annual 

Report] of this Act shall take effect upon enactment.