Declassification Reviews of Certain Documents Concerning the Terrorist Attacks of September 11, 2001

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.

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.

    (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.

    (Presidential Sig.)

THE WHITE HOUSE,

    September 3, 2021.