Presidential Documents

Federal Register / Vol. 86, No. 172 / Thursday, September 9, 2021 / Presidential Documents 50439 

Executive Order 14040 of September 3, 2021 

Declassification Reviews of Certain Documents Concerning 

the Terrorist Attacks of September 11, 2001 

By the authority vested in me as President by the Constitution and the 

laws of the United States of America, I hereby order as follows: 

Section 1. Policy. Many Americans continue to seek full accountability for 

the horrific attacks of September 11, 2001 (9/11), including 9/11 survivors 

and victims’ family members. As the 20th anniversary of 9/11 approaches, 

the American people deserve to have a fuller picture of what their Government knows about those attacks. Although the indiscriminate release of 

classified information could jeopardize the national security—including the 

United States Government’s efforts to protect against future acts of terrorism— 

information should not remain classified when the public interest in disclosure outweighs any damage to the national security that might reasonably 

be expected from disclosure. The significant events in question occurred 

two decades ago or longer, and they concern a tragic moment that continues 

to resonate in American history and in the lives of so many Americans. 

It is therefore critical to ensure that the United States Government maximizes 

transparency, relying on classification only when narrowly tailored and necessary. Thus, information collected and generated in the United States Government’s investigation of the 9/11 terrorist attacks should now be disclosed, 

except when the strongest possible reasons counsel otherwise. 

Sec. 2. Declassification Reviews. The Attorney General and the heads of 

any other executive departments and agencies (agencies) that originated 

relevant information shall complete declassification reviews: 

(a) not later than September 11, 2021, of the Federal Bureau of Investigation 

(FBI) electronic communication dated April 4, 2016, from the subfile investigation described in chapter V of the 2015 Report of the Congressionallydirected 9/11 Review Commission to the Director of the FBI (subfile investigation), which was identified but withheld in full during discovery in In 

re Terrorist Attacks on September 11, 2001, MDL No. 03–1570 (S.D.N.Y.); 

(b) not later than 60 days after the date of this order, of: 

(i) all other records that previously were withheld as classified, in full 

or in part, during discovery in In re Terrorist Attacks on September 

11, 2001; and 

(ii) the 2021 FBI electronic communication closing the subfile investigation; 

(c) not later than 120 days after the date of this order, of all interview 

reports, analytical documents, documents reporting investigative findings, 

or other substantive records (including phone records and banking records, 

if any) from the FBI’s initial investigation of the 9/11 terrorist attacks— 

known as the Pentagon/Twin Towers Bombings (PENTTBOM) investigation— 

that reference the individual subjects of the subfile investigation and may 

be found through search terms, keyword identifiers, and other diligent means; 

and 

(d) not later than 180 days after the date of this order, of all records 

from any separate FBI investigation other than the PENTTBOM investigation 

or the subfile investigation of any individual subjects of the subfile investigation that are relevant to the 9/11 terrorist attacks or to any of the individual 

subjects’ connection to an agency relationship with a foreign government. 


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50440 Federal Register / Vol. 86, No. 172 / Thursday, September 9, 2021 / Presidential Documents 

Sec. 3. Standards for Declassification. (a) Consistent with Executive Order 

13526 of December 29, 2009 (Classified National Security Information), the 

Attorney General or the head of any other agency that originated the information, as the case may be, shall be responsible for conducting the declassification reviews and making declassification determinations for information that 

originated within their respective agency. Information may remain classified 

only if it still requires protection in the interest of the national security 

and disclosure of the information reasonably could be expected to result 

in damage to the national security. Information shall not remain classified 

if there is significant doubt about the need to maintain its classified status. 

Nor shall information remain classified in order to conceal violations of 

law, inefficiency, or administrative error or to prevent embarrassment to 

a person, organization, or agency. 

(b) Even when information requires continued protection in the interest 

of the national security, the Attorney General or the head of any other 

agency that originated the information, as the case may be, should determine, 

as an exercise of discretion, whether the public interest in disclosure of 

the information outweighs the damage to the national security that might 

reasonably be expected from disclosure. 

(c) Upon the completion of the declassification reviews under section 

2 of this order, the Attorney General and the heads of any other agencies 

that originated relevant information shall ensure that, as to all information 

subject to such reviews but not declassified pursuant to such reviews: 

(i) such information meets the requirements for classification, in accordance 

with Executive Order 13526; 

(ii) all non-classified information is disentangled from any classified information and, to the extent practicable, made available to the public under 

section 5 of this order; and 

(iii) all information is nonetheless declassified, in accordance with section 

3.1 of Executive Order 13526, or any successor order, when the Attorney 

General or the head of any other agency that originated the information, 

as the case may be, determines that the United States Government’s interest 

in classification is outweighed by the public’s interest in disclosure. 

Sec. 4. Report to the President and the Congressional Intelligence Committees. 

Upon completion of each review, the Attorney General, in consultation 

with the heads of any other agencies that originated relevant information, 

shall submit to the President, through the Assistant to the President for 

National Security Affairs, and to the congressional intelligence committees, 

reports on the results of the declassification reviews completed under section 

2 of this order, including a justification for each decision not to declassify 

information pursuant to such reviews. 

Sec. 5. Public Release. Upon completion of each review, the Attorney General, 

in consultation with the heads of any other agencies that originated relevant 

information, shall make publicly available information declassified as a result 

of the declassification reviews completed under section 2 of this order, 

except for information the disclosure of which would materially impair 

confidential executive branch deliberations. 

Sec. 6. General Provisions. (a) Nothing in this order shall be construed 

to impair or otherwise affect: 

(i) the authority granted by law to an executive department or agency, 

or the head thereof; or 

(ii) the functions of the Director of the Office of Management and Budget 

relating to budgetary, administrative, or legislative proposals. 

(b) This order shall be implemented consistent with applicable law, including the Privacy Act, and subject to the availability of appropriations. 


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Federal Register / Vol. 86, No. 172 / Thursday, September 9, 2021 / Presidential Documents 50441 

(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. 

THE WHITE HOUSE, 

September 3, 2021. 

[FR Doc. 2021–19578 

Filed 9–8–21; 8:45 am] 

Billing code 3295–F1–P 


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