set forth separately, the estimate of such other agency of
the costs and time required for the compliance of such
other agency with the portion of the order applicable to
such other agency.
(2) Upon receipt of an estimate of costs from an
agency or Federal Presidential library under paragraph
(1), the Board shall determine the amount of funds re-
quired by the agency or library, as the case may be, to
comply with the order concerned under section 4(b). Such
determination shall take into account the estimate of costs
upon which the determination is based.
(3) Upon determining the amount of funds required
by an agency or Federal Presidential library under para-
graph (2), the Board shall submit to the Archivist a rec-
ommendation that the Archivist transfer to the agency or
library, as the case may be, an amount of funds equal to
the amount determined under that paragraph.
(c) TRANSFERS OF FUNDS.—(1) The Archivist of the
United States shall transfer to an agency or Federal Pres-
idential library for purposes of the activities of the agency
or library, as the case may be, under an order under sec-
tion 4(b) an amount equal to the amount recommended
to be transferred with respect to the order under sub-
section (b)(3).
(2) Amounts transferred under paragraph (1) shall
be derived from amounts appropriated for the Board for
purposes of this Act.
(d) USE OF FUNDS.—(1) An agency or Federal Pres-
idential library shall use funds transferred to the agency
or library, as the case may be, under subsection (c) for
purposes of compliance with an order under section 4(b).
(2)(A) An agency or Federal Presidential library
shall not be required to comply with an order under sec-
tion 4(b) until the agency or library, as the case may be,
receives funds under subsection (c) that are sufficient to
permit the agency or library, as the case may be, to comply
with the order.
(B) If the funds transferred to an agency or Federal
Presidential library under subsection (c) are not sufficient
for compliance with an order under section 4(b), the agen-
cy or library, as the case may be, shall hold compliance
in abeyance until such time as sufficient funds are trans-
ferred from the Board to the agency or library, as the
case may be.
(C) The Board may recommend to the Archivist of
the United States that additional funds be transferred
from the Board to an agency or Federal Presidential li-
brary to ensure compliance with an order under section
4(b). The Archivist shall treat a recommendation under
this subparagraph as a recommendation for purposes of
subsection (c).
(3)(A) If the costs incurred by an agency or Federal
Presidential library to comply with an order under section
4(b) are less than the amounts transferred to the agency
or library, as the case may be, under subsection (c), the
agency or library, as the case may be, shall transfer any
funds not required to comply with the order to the Na-
tional Archives and Records Administration.
(B) Any funds transferred to the Administration
under subparagraph (A) shall be merged with funds in the
appropriation or account providing funds for the Board
for purposes of this Act, and shall be available to the same
extent, and subject to the same limitations, as funds in
such appropriation or account are available for the Board.
SEC. 9. DEFINITIONS.
In this Act:
(1) AGENCY.—(A) Except as provided in sub-
paragraph (B), the term ‘‘agency’’ means the fol-
lowing:
(i) An executive agency as that term is de-
fined 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 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 docu-
mentary material, regardless of physical form or
characteristics, that has been determined pursuant
to Executive order to require protection against un-
authorized disclosure in the interests of the national
security of the United States.
(3) DECLASSIFICATION.—The term ‘‘declas-
sification’’ 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 Gov-
ernment through the National Archives and Records
Administration under the applicable provisions of
chapter 21 of title 44, United States Code.
(6) NATIONAL SECURITY.—The term ‘‘national
security’’ means the national defense or foreign rela-
tions of the United States.
(7) RECORDS
OR
MATERIALS
OF
EXTRAOR-
DINARY 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 deci-
sions which led to significant national se-
curity outcomes;
(ii) the collection and analysis of espe-
cially important intelligence; and
(iii) 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 mate-
rials publicly available in other historical
sources; and
(C) are, or are likely to be, of extraor-
dinary interest to the public, its elected rep-
resentatives, or policymakers in the executive
branch.
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