II

106TH CONGRESS

1ST SESSION S. 1801

To provide for the identification, collection, and review for declassification

of records and materials that are of extraordinary public interest to

the people of the United States, and for other purposes.

IN THE SENATE OF THE UNITED STATES

OCTOBER 27, 1999

Mr. MOYNIHAN introduced the following bill; which was read twice and

referred to the Committee on Governmental Affairs

A BILL

To provide for the identification, collection, and review for

declassification of records and materials that are of extraordinary public interest to the people of the United

States, and for other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Public Interest Declas5 sification Act of 1999’’.

6 SEC. 2. FINDINGS.

7 Congress makes the following findings:
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1 (1) A comprehensive reform of the management

2 of the classification and declassification of informa3 tion is essential but will require additional funding,

4 more technical development, and more coordination

5 by the executive branch.

6 (2) The dissemination of declassified records of

7 permanent historic value that pertain to the national

8 security of the United States is in the public interest

9 and can best be accomplished through continued on10 going systematic declassification of classified infor11 mation.

12 (3) It is in the national interest to establish an

13 effective, coordinated, and cost-effective means by

14 which records on specific subjects of extraordinary

15 public interest may be collected, retained, reviewed,

16 and disseminated for Congress, policymakers in the

17 executive branch, and the public.

18 (4) Ensuring, through such measures, public

19 access to information that does not require protec20 tions is a key to striking the balance between secrecy

21 and the openness that is central to the proper func22 tioning of the political institutions of the United

23 States.
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1 SEC. 3. PUBLIC INTEREST DECLASSIFICATION BOARD.

2 (a) ESTABLISHMENT.—There is established within

3 the National Archives and Records Administration a board

4 to be known as the ‘‘Public Interest Declassification

5 Board’’ (in this Act referred to as the ‘‘Board’’).

6 (b) PURPOSES.—The purposes of the Board are as

7 follows:

8 (1) To direct and provide, through rec9 ommendations to the Archivist of the United States,

10 for the thorough, coordinated, comprehensive, and

11 cost-effective identification, collection, review for de12 classification, and release to Congress, interested

13 agencies, and the public of records and materials

14 (including donated historical materials) that are of

15 extraordinary public interest.

16 (2) To provide Congress, interested agencies,

17 and the public with the fullest possible access to a

18 thorough, accurate, and reliable documentary record

19 of significant United States national security deci20 sions and significant United States national security

21 activities in order to—

22 (A) support the oversight and legislative

23 functions of Congress;

24 (B) support the policymaking role of the

25 executive branch;
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1 (C) respond to the interest of the public in

2 national security matters; and

3 (D) promote reliable historical analysis and

4 new avenues of historical study in national se5 curity matters.

6 (c) MEMBERSHIP.—(1)(A) The Board shall be com7 posed of nine individuals appointed by the President from

8 among citizens of the United States who are preeminent

9 in the fields of history, national security, foreign policy,

10 social science, law, or archives, including individuals who

11 have served in Congress or otherwise in Federal Govern12 ment or have otherwise engaged in research, scholarship,

13 or publication in such fields on matters relating to the na14 tional security of the United States.

15 (B) The President shall appoint members of the

16 Board after consideration of recommendations made by

17 appropriate organizations, including the American Histor18 ical Association, the Organization of American Historians,

19 the American Political Science Association, the Society of

20 American Archivists, the American Society of Inter21 national Law, the Standing Committee on Law and Na22 tional Security of the American Bar Association, and the

23 Society for Historians of American Foreign Relations.

24 (C) An officer or employee of the Federal Govern25 ment may not serve as a member of the Board.
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1 (2)(A) Of the members initially appointed to the

2 Board, three shall be appointed for a term of three years,

3 three shall be appointed for a term of two years, and three

4 shall be appointed for a term of one year.

5 (B) Any subsequent appointment to the Board shall

6 be for a term of three years.

7 (3) A vacancy in the Board shall be filled in the same

8 manner as the original appointment. A member of the

9 Board appointed to fill a vacancy before the expiration of

10 a term shall serve for the remainder of the term.

11 (4) A member of the Board may continue to serve

12 on the Board when the member’s term expires until a suc13 cessor is appointed.

14 (5) A member of the Board may be appointed to a

15 new term on the Board upon the expiration of the mem16 ber’s term on the Board, except that no member may serve

17 more than three full terms on the Board.

18 (d) CHAIRPERSON; EXECUTIVE SECRETARY.—(1)(A)

19 The President shall designate one of the members of the

20 Board as the chairperson of the Board.

21 (B) The term of service as chairperson of the Board

22 shall be one year.

23 (C) A member serving as chairperson of the Board

24 may be re-designated as chairperson of the Board upon
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1 the expiration of the member’s term as chairperson of the

2 Board.

3 (2) The Archivist of the United States shall select

4 the Executive Secretary of the Board.

5 (e) MEETINGS.—The Board shall meet at least quar6 terly. A majority of the members of the Board shall con7 stitute a quorum.

8 (f) STAFF.—(1) The Chairperson of the Board may,

9 with the concurrence of the Board, appoint such staff of

10 the Board as the Board requires to carry out its duties

11 under this Act.

12 (2) Any employee of the Federal Government may be

13 detailed to the Board, without reimbursement to the de14 tailing agency, and such detail shall be without interrup15 tion or loss of civil service status or privilege.

16 (g) SECURITY.—(1) The members and staff of the

17 Board shall, as a condition of appointment to or employ18 ment with the Board, hold appropriate security clearances

19 for access to the classified records and materials to be re20 viewed by the Board and shall follow the guidance and

21 practices on security of the Assistant to the President for

22 National Security Affairs.

23 (2) The head of an agency may, as a condition of

24 granting access by a member or staff of the Board to clas-
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1 sified records or materials of the agency under this Act,

2 require the member or staff to—

3 (A) execute an agreement regarding the secu4 rity of such records or materials that is approved by

5 the head of the agency; and

6 (B) hold an appropriate security clearance

7 granted or recognized under the standard procedures

8 and eligibility criteria of the agency, including any

9 special access approval required for access to such

10 records or materials.

11 (2) Members and staff of the Board may not use any

12 information acquired in the course of their official activi13 ties on the Board for nonofficial purposes.

14 (3) For purposes of any law or regulation governing

15 access to classified information that pertains to the na16 tional security of the United States, and subject to any

17 limitations on access arising under section 6(c), a member

18 of the Board seeking access to a record or material under

19 this paragraph shall be deemed to have a need to know

20 the contents of the record or material.

21 (h) COMPENSATION.—(1) Each member of the Board

22 shall receive compensation at a rate not to exceed the daily

23 equivalent of the annual rate of basic pay payable for posi24 tions at SES–1 of the Senior Executive Service under sec25 tion 5382 of title 5, United States Code, for each day such
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1 member is engaged in the actual performance of duties

2 of the Board.

3 (2) Members of the Board shall be allowed travel ex4 penses, including per diem in lieu of subsistence at rates

5 authorized for employees of agencies under subchapter 1

6 of chapter 57 of title 5, United States Code, while away

7 from their homes or regular places of business in the per8 formance of the duties of the Board.

9 (i) GUIDANCE; ANNUAL BUDGET.—(1) On behalf of

10 the President, the Assistant to the President for National

11 Security Affairs shall provide guidance on policy and secu12 rity matters to the Board, including guidance and prac13 tices on security under subsection (g)(1).

14 (2) The Archivist of the United States shall, in con15 sultation with the Assistant to the President for National

16 Security Affairs and the Director of the Office of Manage17 ment and Budget, prepare the annual budget for the

18 Board.

19 (j) PUBLIC AVAILABILITY OF RECORDS AND RE20 PORTS.—(1) The Board shall make available for public in21 spection records of its proceedings and reports prepared

22 in the course of its activities under this Act to the extent

23 such records and reports are not classified and would not

24 be exempt from release under the provisions of section 552

25 of title 5, United States Code.
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1 (2) In making records and reports available under

2 paragraph (1), the Board shall coordinate the release of

3 such records and reports with appropriate officials from

4 agencies with expertise in classified information in order

5 to ensure that such records and reports do not inadvert6 ently contain classified information.

7 (k) INAPPLICABILITY OF FACA.—The provisions of

8 the Federal Advisory Committee Act (5 U.S.C. App.) shall

9 not apply to the activities of the Board under this Act.

10 SEC. 4. IDENTIFICATION, COLLECTION, AND REVIEW FOR

11 DECLASSIFICATION OF INFORMATION OF EX12 TRAORDINARY PUBLIC INTEREST.

13 (a) RECOMMENDATIONS.—(1) The Board may rec14 ommend to the Archivist of the United States that an

15 agency or Federal Presidential library be directed to carry

16 out an activity specified in paragraph (2) with respect to

17 records or materials that the Board determines are

18 records or materials (including donated historical mate19 rials) of extraordinary public interest for purposes of the

20 release of such records or materials to the public or the

21 provision of such records or materials to Congress or pol22 icymakers in the executive branch.

23 (2) The activities that may be recommended by the

24 Board under paragraph (1) are the following:

25 (A) Identification of records or materials.
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1 (B) Collection of records or materials.

2 (C) Review for declassification of records or

3 materials.

4 (D) Any combination of activities specified in

5 subparagraphs (A) through (C).

6 (3) In making recommendations under paragraph

7 (1), the Board shall consider the following:

8 (A) The opinions and requests of Members of

9 Congress, including opinions and requests expressed

10 or embodied in letters or legislative proposals.

11 (B) The opinions and requests of the National

12 Security Council and of the heads of agencies.

13 (C) The opinions of United States citizens.

14 (D) The opinions of individual members of the

15 Board.

16 (E) In the case of unscheduled or temporary

17 records or materials, the assessment of the Archivist

18 of the United States as to the value of identifying,

19 collecting, and conducting declassification reviews of

20 such records or materials.

21 (4) The Board shall, subject to the policy, budgetary,

22 and security guidance provided under section 3, establish

23 such priorities as the Board considers appropriate for pur24 poses of this section.
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1 (5) The Board should establish liaisons, and may con2 sult, with such other historical advisory committees, in3 cluding panels and boards created under statute, or agen4 cy directive, concerned with the identification, collection,

5 and review for declassification of classified information as

6 the Board considers appropriate for purposes of this Act.

7 (b) ORDERS.—(1) The Archivist of the United States,

8 or the designee of the Archivist, shall, in consultation with

9 the Assistant to the President for National Security Af10 fairs, consider each recommendation made by the Board

11 under subsection (a).

12 (2) If the Archivist accepts a recommendation of the

13 Board under subsection (a), the Archivist shall order that

14 the actions contained in the recommendation be taken.

15 (3) If the Archivist does not accept a recommendation

16 of the Board under subsection (a), the Board shall notify

17 Congress of the lack of acceptance of the recommendation

18 in a report under section 6(f)(2).

19 (c) COMPLIANCE WITH ORDERS.—(1) Except as oth20 erwise provided in section 5(a) or 6(c), and subject to the

21 availability of funds under section 8, an agency or Federal

22 Presidential library shall comply with an order made to

23 the agency or library, as the case may be, under subsection

24 (b).
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1 (2)(A) If an order to an agency or Federal Presi2 dential library under subsection (b) requires a review for

3 declassification of records or materials originated by an4 other agency, the agency or library, as the case may be,

5 shall refer such records or materials to such other agency

6 for review in accordance with the order.

7 (B) The actions of an agency referred records or ma8 terials under subparagraph (A) shall be subject to the

9 terms of the order relating to such records or materials

10 and to limitations relating to funding under section 8.

11 (3)(A) The Board shall, through the head of an agen12 cy or Federal Presidential library given an order under

13 subsection (b), provide oversight of any identification, col14 lection, or review of records or materials ordered under

15 that subsection.

16 (B) In providing oversight of identification, collection,

17 or review under this paragraph, the Board shall, in con18 sultation with the Archivist of the United States, take ap19 propriate actions to ensure that such activities preserve

20 the archival integrity of the records or materials involved.

21 (d) RELEASE OF UNCLASSIFIED AND DECLASSIFIED

22 INFORMATION.—An agency or Federal Presidential li23 brary that undertakes a review for declassification of

24 records or materials under an order under this section

25 shall release any unclassified records or materials identi-
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1 fied, or classified records or materials that are declas2 sified, as a result of the review.

3 SEC. 5. PROTECTION OF NATIONAL SECURITY INFORMA4 TION AND OTHER INFORMATION.

5 (a) IN GENERAL.—Nothing in this Act shall be con6 strued to limit the authority of the head of an agency to

7 classify information or to continue the classification of in8 formation previously classified by an agency.

9 (b) SPECIAL ACCESS PROGRAMS.—Nothing in this

10 Act shall be construed to limit the authority of the head

11 of an agency to grant or deny access to a special access

12 program.

13 (c) EXEMPTIONS AND EXCEPTIONS TO RELEASE OF

14 INFORMATION.—Nothing in this Act shall be construed to

15 limit any exemption or exception to the release to the pub16 lic under this Act of information that is protected under

17 section 552(b) of title 5, United States Code (commonly

18 referred to as the Freedom of Information Act), or section

19 552a of title 5, United States Code (commonly referred

20 to as the Privacy Act).

21 (d) WITHHOLDING INFORMATION FROM CON22 GRESS.—Nothing in this Act shall be construed to author23 ize the withholding of information from Congress.
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1 SEC. 6. STANDARDS AND PROCEDURES FOR IDENTIFICA2 TION, COLLECTION, AND REVIEW OF INFOR3 MATION.

4 (a) STANDARDS AND PROCEDURES.—(1) Not later

5 than 180 days after the date of the enactment of this Act,

6 each agency and Federal Presidential library that pos7 sesses or controls classified records or materials shall de8 velop standards and procedures for access to such records

9 and materials by the Board and by the employee of such

10 agency or library, as the case may be, designated to serve

11 as liaison to the Board under subsection (b).

12 (2) The standards and procedures developed by an

13 agency or Federal Presidential library under paragraph

14 (1) shall include provisions to achieve the following:

15 (A) To forward to the Board for its consider16 ation under this Act any request, or if appropriate

17 notice of a request, other than a request under sec18 tion 552 or 552a of title 5, United States Code,

19 from outside the agency or library, as the case may

20 be, for the identification, collection, or review for de21 classification of records or materials, or for other

22 provision with respect to records or materials, that

23 are records or materials of extraordinary public in24 terest.

25 (B) To coordinate with the Board in estab26 lishing priorities for the identification, collection,
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1 and review of records and materials under orders

2 under section 4(b).

3 (C) To provide that the employee who is des4 ignated as the liaison to the Board—

5 (i) is designated in consultation with the

6 Board; and

7 (ii) is eligible under the procedures and eli8 gibility criteria of the agency or library, as the

9 case may be, for access to any records and ma10 terials covered by an order under section 4(b).

11 (D) To permit access by the employee des12 ignated to serve as the liaison to the Board to any

13 classified records or materials originated or con14 trolled by the agency or library, as the case may be,

15 to which access has not been denied or restricted

16 under subsection (c), which has not otherwise been

17 exempted from review under that subsection or

18 under this Act, or that are not controlled under a

19 special access program to which the head of the

20 agency has denied or restricted access.

21 (E) To permit access by members and staff of

22 the Board to records or materials covered by an

23 order under section 4(b) to which access has not

24 been denied or restricted under subsection (c), which

25 has not otherwise been exempted from review under
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1 that subsection or under this Act, or that are not

2 controlled under a special access program to which

3 the head of the agency has denied or restricted ac4 cess.

5 (F) To notify the Board of the completion of

6 compliance with an order under section 4(b), includ7 ing instances when access to records or materials is

8 denied or restricted under subsection (c) or records

9 or materials are otherwise exempted from review

10 under that subsection or under this Act.

11 (b) DESIGNATION OF LIAISON TO BOARD.—The head

12 of each agency and Federal Presidential library shall des13 ignate an employee of such agency or library, as the case

14 may be, to act as liaison to the Board for purposes of

15 this Act.

16 (c) LIMITATIONS ON ACCESS.—If the head of an

17 agency or Federal Presidential library determines it nec18 essary to deny or restrict access by the Board, or by the

19 agency or library liaison to the Board, to information con20 tained in a record or material, in whole or in part, or to

21 exempt any record or material from identification, collec22 tion, or review under this Act, the head of the agency or

23 library, as the case may be, shall promptly notify the

24 Board in writing of such determination. Each such notice

25 shall include a description of the nature of the records or
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1 materials, and a justification for the determination, cov2 ered by such notice.

3 (d) RECONSIDERATION.—(1) The Board may request

4 the reconsideration by the head of an agency or Federal

5 Presidential library of a determination made by the head

6 of the agency or library, as the case may be, under sub7 section (c). Such a request may not be made sooner than

8 two years after the date of the determination in question.

9 (2) To accommodate a request under paragraph (1)

10 for reconsideration of a determination regarding records

11 or materials, the head of the agency or Federal Presi12 dential library making the determination shall maintain

13 an appropriate record of the results of any review of the

14 records or materials covered by the determination and, to

15 the extent records and materials have been identified as

16 part of the review upon which the determination is based,

17 shall tag, index, physically set aside, or otherwise enable

18 the ready retrieval of such records or materials.

19 (e) DISCRETION TO DISCLOSE.—At the conclusion of

20 a declassification review, or upon a request by the Board

21 for reevaluation under subsection (c), the head of an agen22 cy or Federal Presidential library may, in his discretion,

23 determine that the public’s interest in disclosure of records

24 or materials covered by such review or request, and still

25 properly classified, outweighs the Government’s need to
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1 protect such records or materials. In such case, the head

2 of the agency or library, as the case may be, may release

3 such records or materials.

4 (f) REPORTS.—(1) The Board shall annually submit

5 to the appropriate congressional committees a report on

6 the activities of the Board under this Act.

7 (2) The Board shall submit to the appropriate con8 gressional committees a report on the following:

9 (A) Any denial by the head of an agency or

10 Federal Presidential library of access for the Board

11 to records or materials under this Act.

12 (B) Any failure or refusal by the Archivist of

13 the United States to accept a recommendation of the

14 Board under section 4(a).

15 (3) In this subsection, the term ‘‘appropriate congres16 sional committees’’ means the Select Committee on Intel17 ligence of the Senate and the Permanent Select Committee

18 on Intelligence of the House of Representatives.

19 SEC. 7. JUDICIAL REVIEW.

20 Nothing in this Act limits the protection afforded to

21 any information under any other provisions of law. This

22 Act is not intended and should not be construed to create

23 any right or benefit, substantive or procedural, enforceable

24 at law against the United States, its agencies, its officers,

25 or its employees. This Act does not modify in any way
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1 the substantive criteria or procedures for the classification

2 of information, nor does this Act create any right or ben3 efit subject to judicial review.

4 SEC. 8. FUNDING.

5 (a) FUNDING REQUESTS.—The President shall in6 clude in the budget submission to Congress for each fiscal

7 year under section 1105 of title 31, United States Code,

8 a request for amounts for the activities of the Board under

9 this Act during such fiscal year, including amounts to be

10 transferred to agencies and Federal Presidential libraries

11 for activities in compliance with orders under section 4.

12 Such amounts shall be included in amounts requested for

13 the National Archives and Records Administration for the

14 fiscal year concerned, and shall be stated as a separate

15 item among the amounts requested for the Administration

16 for such fiscal year.

17 (b) ESTIMATE OF AGENCY AND LIBRARY EX18 PENSES.—(1)(A) An agency or Federal Presidential li19 brary receiving an order from the Archivist of the United

20 States under section 4(b) shall provide the Board an esti21 mate of the costs, and of the time, required for compliance

22 with the order.

23 (B) If an order covers records or materials to be re24 ferred to another agency for review under section 4(c)(2),

25 the estimate under this paragraph shall include, and shall
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1 set forth separately, the estimate of such other agency of

2 the costs and time required for the compliance of such

3 other agency with the portion of the order applicable to

4 such other agency.

5 (2) Upon receipt of an estimate of costs from an

6 agency or Federal Presidential library under paragraph

7 (1), the Board shall determine the amount of funds re8 quired by the agency or library, as the case may be, to

9 comply with the order concerned under section 4(b). Such

10 determination shall take into account the estimate of costs

11 upon which the determination is based.

12 (3) Upon determining the amount of funds required

13 by an agency or Federal Presidential library under para14 graph (2), the Board shall submit to the Archivist a rec15 ommendation that the Archivist transfer to the agency or

16 library, as the case may be, an amount of funds equal to

17 the amount determined under that paragraph.

18 (c) TRANSFERS OF FUNDS.—(1) The Archivist of the

19 United States shall transfer to an agency or Federal Pres20 idential library for purposes of the activities of the agency

21 or library, as the case may be, under an order under sec22 tion 4(b) an amount equal to the amount recommended

23 to be transferred with respect to the order under sub24 section (b)(3).
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1 (2) Amounts transferred under paragraph (1) shall

2 be derived from amounts appropriated for the Board for

3 purposes of this Act.

4 (d) USE OF FUNDS.—(1) An agency or Federal Pres5 idential library shall use funds transferred to the agency

6 or library, as the case may be, under subsection (c) for

7 purposes of compliance with an order under section 4(b).

8 (2)(A) An agency or Federal Presidential library

9 shall not be required to comply with an order under sec10 tion 4(b) until the agency or library, as the case may be,

11 receives funds under subsection (c) that are sufficient to

12 permit the agency or library, as the case may be, to comply

13 with the order.

14 (B) If the funds transferred to an agency or Federal

15 Presidential library under subsection (c) are not sufficient

16 for compliance with an order under section 4(b), the agen17 cy or library, as the case may be, shall hold compliance

18 in abeyance until such time as sufficient funds are trans19 ferred from the Board to the agency or library, as the

20 case may be.

21 (C) The Board may recommend to the Archivist of

22 the United States that additional funds be transferred

23 from the Board to an agency or Federal Presidential li24 brary to ensure compliance with an order under section

25 4(b). The Archivist shall treat a recommendation under
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1 this subparagraph as a recommendation for purposes of

2 subsection (c).

3 (3)(A) If the costs incurred by an agency or Federal

4 Presidential library to comply with an order under section

5 4(b) are less than the amounts transferred to the agency

6 or library, as the case may be, under subsection (c), the

7 agency or library, as the case may be, shall transfer any

8 funds not required to comply with the order to the Na9 tional Archives and Records Administration.

10 (B) Any funds transferred to the Administration

11 under subparagraph (A) shall be merged with funds in the

12 appropriation or account providing funds for the Board

13 for purposes of this Act, and shall be available to the same

14 extent, and subject to the same limitations, as funds in

15 such appropriation or account are available for the Board.

16 SEC. 9. DEFINITIONS.

17 In this Act:

18 (1) AGENCY.—(A) Except as provided in sub19 paragraph (B), the term ‘‘agency’’ means the fol20 lowing:

21 (i) An executive agency as that term is de22 fined in section 105 of title 5, United States

23 Code.

24 (ii) A military department as that term is

25 defined in section 102 of such title.
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1 (iii) Any other entity in the executive

2 branch that comes into possession of classified

3 information.

4 (B) The term does not include the Board.

5 (2) CLASSIFIED MATERIAL OR RECORD.—The

6 terms ‘‘classified material’’ and ‘‘classified record’’

7 include any correspondence, memorandum, book,

8 plan, map, drawing, diagram, pictorial or graphic

9 work, photograph, film, microfilm, sound recording,

10 videotape, machine readable records, and other docu11 mentary material, regardless of physical form or

12 characteristics, that has been determined pursuant

13 to Executive order to require protection against un14 authorized disclosure in the interests of the national

15 security of the United States.

16 (3) DECLASSIFICATION.—The term ‘‘declas17 sification’’ means the process by which records or

18 materials that have been classified are determined

19 no longer to require protection from unauthorized

20 disclosure to protect the national security of the

21 United States.

22 (4) DONATED HISTORICAL MATERIAL.—The

23 term ‘‘donated historical material’’ means collections

24 of personal papers donated or given to a Federal
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1 Presidential library or other archival repository

2 under a deed of gift or otherwise.

3 (5) FEDERAL PRESIDENTIAL LIBRARY.—The

4 term ‘‘Federal Presidential library’’ means a library

5 operated and maintained by the United States Gov6 ernment through the National Archives and Records

7 Administration under the applicable provisions of

8 chapter 21 of title 44, United States Code.

9 (6) NATIONAL SECURITY.—The term ‘‘national

10 security’’ means the national defense or foreign rela11 tions of the United States.

12 (7) RECORDS OR MATERIALS OF EXTRAOR13 DINARY PUBLIC INTEREST.—The term ‘‘records or

14 materials of extraordinary public interest’’ means

15 records or materials that—

16 (A) demonstrate and record the national

17 security policies, actions, and decisions of the

18 United States, including—

19 (i) policies, events, actions, and deci20 sions which led to significant national se21 curity outcomes;

22 (ii) the collection and analysis of espe23 cially important intelligence; and
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1 (iii) the development and evolution of

2 significant United States national security

3 policies, actions, and decisions;

4 (B) will provide a significantly different

5 perspective in general from records and mate6 rials publicly available in other historical

7 sources; and

8 (C) are, or are likely to be, of extraor9 dinary interest to the public, its elected rep10 resentatives, or policymakers in the executive

11 branch.

Æ