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

This executive order mandates a phased declassification review of FBI and other agency documents related to the September 11, 2001 terrorist attacks, prioritizing transparency for survivors and victims' families while protecting national security. The Attorney General and relevant agency heads must complete reviews of specific records on rolling deadlines between September 11, 2021 and approximately March 2022.

Federal Register Open PDF 86 FR 50439

Impact dates

Mar 2, 2022
Declassification review of all other FBI investigation records on subfile subjects relevant to 9/11 or foreign government agency relationships
Jan 1, 2022
Declassification review of PENTTBOM investigation records referencing subfile subjects
Nov 2, 2021
Declassification review of all other previously withheld classified records from 9/11 litigation and 2021 FBI electronic communication closing subfile investigation
Sep 11, 2021
Declassification review of April 4, 2016 FBI electronic communication from subfile investigation

Key directives

Attorney General and agency heads to complete declassification reviews on four specified deadlines
Declassification determinations must follow Executive Order 13526 standards
Information may remain classified only if still requires national security protection and disclosure would reasonably cause damage
Significant doubt about classification need requires declassification
Classification cannot be used to conceal law violations, inefficiency, administrative error, or embarrassment
Public interest in disclosure may override national security damage in discretionary determinations
Non-classified information must be disentangled from classified information and made publicly available
Reports to President and congressional intelligence committees required upon each review completion
Public release of declassified information required, except for confidential executive branch deliberations

Who is ordered

Timeline

Immediate

Declassification review of April 4, 2016 FBI electronic communication due by September 11, 2021

Near term (90d)

Review of all other previously withheld classified records from 9/11 litigation due by November 2, 2021 (60 days)
Review of 2021 FBI electronic communication closing subfile investigation due by November 2, 2021 (60 days)
Review of PENTTBOM investigation records referencing subfile subjects due by January 1, 2022 (120 days)

Long term

Review of all other FBI investigation records on subfile subjects due by March 2, 2022 (180 days)
Public release of declassified information
Reports to President and congressional intelligence committees

Risks & tensions

Extremely tight first deadline (8 days) for initial review may strain analytical rigor
Potential tension between transparency mandate and national security protections in Section 3(a)
Discretionary 'public interest' balancing in Section 3(b) creates uncertainty about actual disclosure volume
Confidential executive branch deliberations exception in Section 5 may swallow significant disclosures
No enforcement mechanism for non-compliance with deadlines or disclosure obligations