[Federal Register Volume 86, Number 172 (Thursday, September 9, 2021)]
[Presidential Documents]
[Pages 50439-50441]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-19578]




                        Presidential Documents 



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

[[Page 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 Congressionally-directed 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.

[[Page 50440]]

                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.

[[Page 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.
                <GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT>
                
                    (Presidential Sig.)

                THE WHITE HOUSE,

                    September 3, 2021.

[FR Doc. 2021-19578
Filed 9-8-21; 8:45 am]
Billing code 3295-F1-P