§3350a — Title 50 War and National Defense | U.S. Code

Summary

When an agency gets a FOIA request or a mandatory declassification review request and finds classified records that are over 25 years old as of December 31 of the year the request is received, the agency head must have those records reviewed and sent to the National Declassification Center at the National Archives for declassification and release. The agency must use the usual national-security protections under FOIA and Executive Order 13526. The agency head can stop that transfer only by certifying to Congress and certain Senate and House committees (including the congressional intelligence committees; the Senate Armed Services, Homeland Security and Governmental Affairs, Foreign Relations, and Judiciary committees; and the House Armed Services, Oversight and Accountability, Foreign Affairs, and Judiciary committees) that declassifying parts would harm sources, methods, or national security, and by explaining why. This rule applies even if the record is not legally held by the National Archives.

Title 50, §3350a

War and National Defense — Source: USLM XML via OLRC

(a)Whenever an agency is processing a request pursuant to section 552 of title 5 (commonly known as the “Freedom of Information Act”) or the mandatory declassification review provisions of Executive Order 13526 (50 U.S.C. 3161 note; relating to classified national security information), or successor order, and identifies responsive classified records that are more than 25 years of age as of December 31 of the year in which the request is received, the head of the agency shall, in accordance with existing processes to protect national security under the Freedom of Information Act and the mandatory review provisions of Executive Order 12526,11 So in original. Probably should be “13526,”. review the record and process the record for declassification and release by the National Declassification Center of the National Archives and Records Administration, unless the head of agency—

(1)makes a certification to Congress, including the congressional intelligence committees, the Committee on Armed Services, the Committee on Homeland Security and Governmental Affairs, the Committee on Foreign Relations, the Committee on the Judiciary of the Senate, and the Committee on Armed Services, the Committee on Oversight and Accountability, the Committee on Foreign Affairs, and the Committee on the Judiciary of the House of Representatives, that the declassification of certain components within the record would be harmful to the protection of sources and methods or national security, pursuant to existing processes; and

(2)provides an explanation to Congress, including the congressional intelligence committees, the Committee on Armed Services, the Committee on Homeland Security and Governmental Affairs, the Committee on Foreign Relations, the Committee on the Judiciary of the Senate, and the Committee on Armed Services, the Committee on Oversight and Accountability, the Committee on Foreign Affairs, and the Committee on the Judiciary of the House of Representatives, for such certification.

(b)Subsection (a) shall apply regardless of whether or not the record described in such subsection is in the legal custody of the National Archives and Records Administration.

Notes & Related Subsidiaries

Editorial Notes

References in Text

Executive Order 13526, referred to in subsec. (a), is Ex. Ord. No. 13526, Dec. 29, 2009, 75 F.R. 707, 1013, which is set out as a note under section 3161 of this title.

Statutory Notes and Related Subsidiaries

Definitions For definition of “congressional intelligence committees” as used in this section, see section 7002 of Pub. L. 118–31, set out as a note under section 3003 of this title.

§3350a Promoting Efficient Declassification Review