§ 3355a. Public Interest Declassification Board

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 2000

   Public Interest Declassification Act of 2000

   Pub. L. 106–567 title VII § 703 · 114 Stat. 2831

   Enacted · 50 U.S.C. § 3355a

   Pub. L. 106–567, title VII, § 703, Dec. 27, 2000, 114 Stat. 2856

   Source evidence

   Code source credit
   Pub. L. 106–567, title VII, § 703, Dec. 27, 2000, 114 Stat. 2856

   Enacted provision · exact public law section
   SEC. 703. PUBLIC INTEREST DECLASSIFICATION BOARD. (a) Establishment.— There is established within the executive branch of the United States a board to be known as the “Public Interest Declassification Board” (in this title referred to as the “Board”). (b) Purposes.— The purposes of the Board are as follows: (1) To advise the President, the Assistant to the President for National Security Affairs, the Director of the Office of Management and Budget, and such other executive branch officials as the Board considers appropriate on the systematic, thorough, coordinated, and comprehensive identification, collection, review for declassification, and release to Congress, interested agencies, and the public of declassified records and materials (including donated historical materials) that are of archival value, including records and materials of extraordinary public interest. (2) To promote the fullest possible public access to a thorough, accurate, and reliable documentary record of significant United States national security decisions and significant United States national security activities in order to— (A) support the oversight and legislative functions of Congress; (B) support the policymaking role of the executive branch; (C) respond to the interest of the public in national security matters; and (D) promote reliable historical analysis and new avenues of historical study in national security matters. (3) To provide recommendations to the President for the identification, collection, and review for declassification of information of extraordinary public interest that does not undermine the national security of the United States, to be undertaken in accordance with a declassification program that has been established or may be established by the President by Executive order. (4) To advise the President, the Assistant to the President for National Security Affairs, the Director of the Office of Management and Budget, and such other executive branch officials as the Board considers appropriate on policies deriving from the issuance by the President of Executive orders regarding the classification and declassification of national security information. (c) Membership.— (1) The Board shall be composed of nine individuals appointed from among citizens of the United States who are preeminent in the fields of history, national security, foreign policy, intelligence policy, social science, law, or archives, including individuals who have served in Congress or otherwise in the Federal Government or have otherwise engaged in research, scholarship, or publication in such fields on matters relating to the national security of the United States, of whom— (A) five shall be appointed by the President; President. (B) one shall be appointed by the Speaker of the House of Representatives; (C) one shall be appointed by the majority leader of the Senate; (D) one shall be appointed by the minority leader of the Senate; and (E) one shall be appointed by the minority leader of the House of Representatives. (2) (A) Of the members initially appointed to the Board by the President— (i) three shall be appointed for a term of 4 years; (ii) one shall be appointed for a term of 3 years; and (iii) one shall be appointed for a term of 2 years. (B) The members initially appointed to the Board by the Speaker of the House of Representatives or by the majority leader of the Senate shall be appointed for a term of 3 years. (C) The members initially appointed to the Board by the minority leader of the House of Representatives or the Senate shall be appointed for a term of 2 years. (D) Any subsequent appointment to the Board shall be for a term of 3 years. (3) A vacancy in the Board shall be filled in the same manner as the original appointment. A member of the Board appointed to fill a vacancy before the expiration of a term shall serve for the remainder of the term. (4) A member of the Board may be appointed to a new term on the Board upon the expiration of the member’s term on the Board, except that no member may serve more than three full terms on the Board. (d) Chairperson; Executive Secretary.— (1) (A) The President shall designate one of the members of the Board as the Chairperson of the Board. (B) The term of service as Chairperson of the Board shall be 2 years. (C) A member serving as Chairperson of the Board may be redesignated as Chairperson of the Board upon the expiration of the member’s term as Chairperson of the Board, except that no member shall serve as Chairperson of the Board for more than 6 years. (2) The Director of the Information Security Oversight Office shall serve as the Executive Secretary of the Board. (e) Meetings.— The Board shall meet as needed to accomplish its mission, consistent with the availability of funds. A majority of the members of the Board shall constitute a quorum. (f) Staff.— Any employee of the Federal Government may be detailed to the Board, with the agreement of and without reimbursement to the detailing agency, and such detail shall be without interruption or loss of civil, military, or foreign service status or privilege. (g) Security.— (1) The members and staff of the Board shall, as a condition of appointment to or employment with the Board, hold appropriate security clearances for access to the classified records and materials to be reviewed by the Board or its staff, and shall follow the guidance and practices on security under applicable Executive orders and Presidential or agency directives. (2) The head of an agency shall, as a condition of granting access to a member of the Board, the Executive Secretary of the Board, or a member of the staff of the Board to classified records or materials of the agency under this title, require the member, the Executive Secretary, or the member of the staff, as the case may be, to— (A) execute an agreement regarding the security of such records or materials that is approved by the head of the agency; and (B) hold an appropriate security clearance granted or recognized under the standard procedures and eligibility criteria of the agency, including any special access approval required for access to such records or materials. (3) The members of the Board, the Executive Secretary of the Board, and the members of the staff of the Board may not use any information acquired in the course of their official activities on the Board for nonofficial purposes. (1) For purposes of any law or regulation governing access to classified information that pertains to the national security of the United States, and subject to any limitations on access arising under section 706(b), and to facilitate the advisory functions of the Board under this title, a member of the Board seeking access to a record or material under this title shall be deemed for purposes of this subsection to have a need to know the contents of the record or material. (h) Compensation.— (1) Each member of the Board shall receive compensation at a rate not to exceed the daily equivalent of the annual rate of basic pay payable for positions at ES–1 of the Senior Executive Service under section 5382 of title 5, United States Code, for each day such member is engaged in the actual performance of duties of the Board. (2) Members of the Board shall be allowed travel expenses, including per diem in lieu of subsistence at rates authorized for employees of agencies under subchapter I of chapter 57 of title 5, United States Code, while away from their homes or regular places of business in the performance of the duties of the Board. (i) Guidance; Annual Budget.— (1) On behalf of the President, the Assistant to the President for National Security Affairs shall provide guidance on policy to the Board. (2) The Executive Secretary of the Board, under the direction of the Chairperson of the Board and the Board, and acting in consultation with the Archivist of the United States, the Assistant to the President for National Security Affairs, and the Director of the Office of Management and Budget, shall prepare the annual budget of the Board. (j) Support.— The Information Security Oversight Office may support the activities of the Board under this title. Such support shall be provided on a reimbursable basis. (k) Public Availability OF Records and Reports.— (1) The Board shall make available for public inspection records of its proceedings and reports prepared in the course of its activities under this title to the extent such records and reports are not classified and would not be exempt from release under the provisions of section 552 of title 5, United States Code. (2) In making records and reports available under paragraph (1), the Board shall coordinate the release of such records and reports with appropriate officials from agencies with expertise in classified information in order to ensure that such records and reports do not inadvertently contain classified information. (l) Applicability of Certain Administrative Laws.— The provisions of the Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the activities of the Board under this title. However, the records of the Board shall be governed by the provisions of the Federal Records Act of 1950.

2. 2004

   National Security Intelligence Reform Act of 2004

   Pub. L. 108–458 § 1102(a) · 118 Stat. 3638

   1. Amended · 50 U.S.C. § 3355a(a)

      Pub. L. 108–458, § 1102(a), designated existing provisions as par. (1)

   2. Added · 50 U.S.C. § 3355a(a)

      Pub. L. 108–458, § 1102(a), added par. (2)

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 108–458, § 1102(a), designated existing provisions as par. (1) and added par. (2).

   Enacted provision · exact public law section
   (a) Direction.— Section 703(a) of the Public Interest Declassification Act of 2000 (title VII of Public Law 106–567; 114 Stat. 2856; 50 U.S.C. 435 note) is amended— (1) by inserting “(1)” after “Establishment.—”; and (2) by adding at the end the following new paragraph: “(2) The Board shall report directly to the President or, upon designation by the President, the Vice President, the Attorney General, or other designee of the President. The other designee of the President under this paragraph may not be an agency head or official authorized to classify information under Executive Order 12958, or any successor order.” .

3. 2004

   National Security Intelligence Reform Act of 2004

   Pub. L. 108–458 § 1102(b) · 118 Stat. 3638

   Added · 50 U.S.C. § 3355a(b)(5)

   Pub. L. 108–458, § 1102(b), added par. (5)

   Source evidence

   Code amendment note
   Subsec. (b)(5). Pub. L. 108–458, § 1102(b), added par. (5).

   Enacted provision · exact public law section
   (b) Purposes.— Section 703(b) of that Act (114 Stat. 2856) is amended by adding at the end the following new paragraph: “(5) To review and make recommendations to the President in a timely manner with respect to any congressional request, made by the committee of jurisdiction, to declassify certain records or to reconsider a declination to declassify specific records.” .

4. 2010

   Intelligence Authorization Act for Fiscal Year 2010

   Pub. L. 111–259 title III § 365 · 124 Stat. 2654

   1. Substituted · 50 U.S.C. § 3355a(b)(5)

      Pub. L. 111–259 substituted “jurisdiction or by a member of the committee of jurisdiction,” for “jurisdiction,”

   2. Inserted · 50 U.S.C. § 3355a(b)(5)

      Pub. L. 111–259 inserted “, to evaluate the proper classification of certain records,” after “certain records”

   Source evidence

   Code amendment note
   Subsec. (b)(5). Pub. L. 111–259 substituted “jurisdiction or by a member of the committee of jurisdiction,” for “jurisdiction,” and inserted “, to evaluate the proper classification of certain records,” after “certain records”.

   Enacted provision · exact public law section
   SEC. 365. IMPROVING THE REVIEW AUTHORITY OF THE PUBLIC INTEREST DECLASSIFICATION BOARD.   Paragraph (5) of section 703(b) of the Public Interest Declassification Act of 2000 (50 U.S.C. 435 note) is amended— (1) by striking “jurisdiction,” and inserting “jurisdiction or by a member of the committee of jurisdiction,”; and (2) by inserting “, to evaluate the proper classification of certain records,” after “certain records”.

5. 2012

   Public Interest Declassification Board Reauthorization Act of 2012

   Pub. L. 112–235 § 2(a) · 126 Stat. 1626

   Substituted · 50 U.S.C. § 3355a(c)(2)(D)

   Pub. L. 112–235, § 2(a), substituted “from the date of the appointment.” for period at end

   Source evidence

   Code amendment note
   Subsec. (c)(2)(D). Pub. L. 112–235, § 2(a), substituted “from the date of the appointment.” for period at end.

   Enacted provision · exact public law section
   (a) Subsequent Appointment.— Section 703(c)(2)(D) of the Public Interest Declassification Act of 2000 (Public Law 106–567; 50 U.S.C. 435 note) is amended by striking the period at the end and inserting “from the date of the appointment.”.

6. 2012

   Public Interest Declassification Board Reauthorization Act of 2012

   Pub. L. 112–235 § 2(b) · 126 Stat. 1626

   Struck · 50 U.S.C. § 3355a(c)(3)

   Pub. L. 112–235, § 2(b), struck out at end “A member of the Board appointed to fill a vacancy before the expiration of a term shall serve for the remainder of the term.”

   Source evidence

   Code amendment note
   Subsec. (c)(3). Pub. L. 112–235, § 2(b), struck out at end “A member of the Board appointed to fill a vacancy before the expiration of a term shall serve for the remainder of the term.”

   Enacted provision · exact public law section
   (b) Vacancy.— Section 703(c)(3) of the Public Interest Declassification Act of 2000 (Public Law 106–567; 50 U.S.C. 435 note) is amended by striking “A member of the Board appointed to fill a vacancy before the expiration of a term shall serve for the remainder of the term.”.

7. 2019

   National Defense Authorization Act for Fiscal Year 2020

   Pub. L. 116–92 div. E title LXVII § 6741(a) · 133 Stat. 1198

   Substituted · 50 U.S.C. § 3355a(e)

   Pub. L. 116–92 substituted “funds, but shall meet in person not less frequently than on a quarterly basis.” for “funds.”

   Source evidence

   Code amendment note
   Subsec. (e). Pub. L. 116–92 substituted “funds, but shall meet in person not less frequently than on a quarterly basis.” for “funds.”

8. 2022

   Intelligence Authorization Act for Fiscal Year 2023

   Pub. L. 117–263 div. F title LXVIII § 6824(d)(1) · 136 Stat. 2395

   Substituted · 50 U.S.C. § 3355a(a)(2)

   Pub. L. 117–263 substituted “Executive Order 13526” for “Executive Order 12958”

   Source evidence

   Code amendment note
   Subsec. (a)(2). Pub. L. 117–263 substituted “Executive Order 13526” for “Executive Order 12958”.

   Enacted provision · exact public law section
   (1) in section 703(a)(2) (50 U.S.C. 3355a(a)(2)), by striking “Executive Order 12958” and inserting “Executive Order 13526”;

9. 2022

   Pub. L. 117–286 § 4(a)(318) · 136 Stat. 4196

   Substituted · 50 U.S.C. § 3355a(l)

   Pub. L. 117–286 substituted “chapter 10 of title 5” for “the Federal Advisory Committee Act (5 U.S.C. App.)”

   Source evidence

   Code amendment note
   Subsec. (l). Pub. L. 117–286 substituted “chapter 10 of title 5” for “the Federal Advisory Committee Act (5 U.S.C. App.)”.

   Enacted provision · exact public law section
   (318) Section 703(l) of the Public Interest Declassification Act of 2000 (Public Law 106–567, 50 U.S.C. 3161 note) is amended by striking “the Federal Advisory Committee Act (5 U.S.C. App.)” and inserting “chapter 10 of title 5, United States Code,”.

10. 2023

    Sensible Classification Act of 2023

    Pub. L. 118–31 § 7604(1) · 137 Stat. 136

    Added · 50 U.S.C. § 3355a(c)(5); 50 U.S.C. § 3355a(c)(6)

    Pub. L. 118–31, § 7604(1), added pars. (5) and (6)

    Source evidence

    Code amendment note
    Subsec. (c)(5), (6). Pub. L. 118–31, § 7604(1), added pars. (5) and (6).

    Enacted provision · exact public law section
    (1) in subsection (c), by adding at the end the following: “(5) A member of the Board whose term has expired may continue to serve until the earlier of— “(A) the date that a successor is appointed and sworn in; and “(B) the date that is 1 year after the date of the expiration of the term. “(6) Not later than 30 days after the date on which the term of a member of the Board ends, the appointing authority of the member shall submit to Congress a plan to appoint a successor.” ; and

11. 2023

    Sensible Classification Act of 2023

    Pub. L. 118–31 § 7604(2) · 137 Stat. 136

    1. Amended · 50 U.S.C. § 3355a(f)

       Pub. L. 118–31, § 7604(2), designated existing provisions as par. (1)

    2. Added · 50 U.S.C. § 3355a(f)

       Pub. L. 118–31, § 7604(2), added par. (2)

    Source evidence

    Code amendment note
    Subsec. (f). Pub. L. 118–31, § 7604(2), designated existing provisions as par. (1) and added par. (2).

    Enacted provision · exact public law section
    (2) in subsection (f)— (A) by inserting “(1)” before “Any employee”; and (B) by adding at the end the following: “(2) In addition to any employees detailed to the Board under paragraph (1), the Board may, subject to the availability of funds, hire not more than 12 staff members.” .

13 of 14 references resolved to an enrolled provision · 1 partial