Imágenes de páginas
PDF
EPUB

Basic Laws and Authorities

CONGRESS.-Nothing in this title shall be construed to authorize the withholding of information from Congress.

SEC. 706. STANDARDS AND PROCEDURES. (a) LIAISON.-(1) The head of each agency with the authority under an Executive order to classify information and the head of each Federal Presidential library shall designate an employee of such agency or library to act as liaison to the Board for purposes of this title.

(2) The Board may establish liaison and otherwise consult with such other historical and advisory committees as the Board considers appropriate for purposes of this title.

(b) LIMITATIONS ON ACCESS.—(1)(A) Except as provided in paragraph (2), if the head of an agency or the head of a Federal Presidential library determines it necessary to deny or restrict access of the Board, or of the agency or library liaison to the Board, to information contained in a record or material, in whole or in part, the head of the agency or the head of the library shall promptly notify the Board in writing of such determination.

(B) Each notice to the Board under subparagraph (A) shall include a description of the nature of the records or materials, and a justification for the determination, covered by such notice.

(2) In the case of a determination referred to in paragraph (1) with respect to a special access program created by the Secretary of Defense, the Director of Central Intelligence, or the head of any other agency, the notification of denial of access under paragraph (1), including a description of the nature of the Board's request for access, shall be submitted to the Assistant to the President for National Security Affairs rather than to the Board.

(c) DISCRETION TO DISCLOSE.-At the conclusion of a declassification review, the head of an agency may, in the discretion of the head of the agency, determine that the public's interest in the disclosure of records or materials of the agency covered by such review, and still properly classified, outweighs the Government's need to protect such records or materials, and may release such records or materials in accordance with the provisions of Executive Order

No. 12958 or any successor order to such Executive order.

(d) DISCRETION TO PROTECT.-At the conclusion of a declassification review, the head of an agency may, in the discretion of the head of the agency, determine that the interest of the agency in the protection of records or materials of the agency covered by such review, and still properly classified, outweighs the public's need for access to such records or materials, and may deny release of such records or materials in accordance with the provisions of Executive Order No. 12958 or any successor order to such Executive order.

(e) REPORTS.-(1)(A) Except as provided in paragraph (2), the Board shall annually submit to the appropriate congressional committees a report on the activities of the Board under this title, including summary information regarding any denials to the Board by the head of an agency or the head of a Federal Presidential library of access to records or materials under this title.

(B) In this paragraph, the term "appropriate congressional committees" means the Select Committee on Intelligence and the Committee on Governmental Affairs of the Senate and the Permanent Select Committee on Intelligence and the Committee on Government Reform of the House of Representatives.

(2) Notwithstanding paragraph (1), notice that the Board has been denied access to records and materials, and a justification for the determination in support of the denial, shall be submitted by the agency denying the access as follows:

(A) In the case of the denial of access to a special access program created by the Secretary of Defense, to the Committees on Armed Services and Appropriations of the Senate and to the Committees on Armed Services and Appropriations of the House of Representatives.

(B) In the case of the denial of access to a special access program created by the Director of Central Intelligence, or by the head of any other agency (including the Department of Defense) if the special access program pertains to intelligence activities, or of access to any information and materials relating to intelligence sources and methods, to the Select

[blocks in formation]

(1) AGENCY.-(A) Except as provided in subparagraph (B), the term "agency" means the following: (i) An Executive agency, as that term is defined 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 the 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 documentary material, regardless of physical form or characteristics, that has been determined pursuant to Executive order to require protection against unauthorized disclosure in the interests of the national security of the United States.

(3) DECLASSIFICATION.-The term "declassification" 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 Government through the National Archives and Records Administration under the applicable provisions of the Federal Records Act of 1950.

(6) NATIONAL SECURITY.-The term "national security" means the national defense or foreign relations of the United States.

(7) RECORDS OR MATERIALS OF EXTRAORDINARY 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 decisions which

[merged small][merged small][merged small][ocr errors][merged small]

Summary of Non-NARA Statutes

ACCESS TO CLASSIFIED INFORMATION: 50 U.S.C. § 435.

Public Law Number:

Pub. L. 103-359, Oct. 14, 1994

Synopsis:

This Act delegates authority to the President to establish procedures to govern access to classified information.

[blocks in formation]

ADMINISTRATIVE DISPUTE RESOLUTION ACT: 5 U.S.C. §§ 571 to 583

[blocks in formation]

Synopsis:

The purpose of this Act is to permit Federal agencies to resolve administrative problems within the agency through the use of administrative dispute resolution proceedings.

ADMINISTRATIVE PROCEDURE ACT: 5 U.S.C. $$ 551 to 559, 701 to 706, 1305, 3105, 3344, 4301, 5335, 5372, 7521

Public Law Number:

(Act of June 11, 1946, ch. 324, 60 Stat. 237) Pub. L. 94-409 § 4(b), Sept. 13, 1976; Pub. L. 103-272 § 5(a), July 5, 1994

Synopsis:

The purpose of this Act is to create a comprehensive statute governing the procedures agencies must follow when performing their functions.

AMERICANS WITH DISABILITIES ACT OF 1990: 42 U.S.C § 12101 et seq.

Public Law Number:

Synopsis:

Pub. L. 101-336, July 26, 1990

The purposes of this Act are to establish a national mandate for the elimination of discrimination against persons with disabilities and to provide clear standards that address discrimination against persons with disabilities. The Department of Justice encourages the government to comply with the ADA.

Basic Laws and Authorities

ANTI-DEFICIENCY ACT: 31 U.S.C. §§ 1341, 1342, 1349-1351, 1511-1519

Public Law Number:

Synopsis:

Pub. L. 97-258, Sept. 13, 1982; Pub. L. 101-508, Nov. 5, 1990

An officer or employee of the U.S. Government may not expend funds in excess of the amount available in the appropriations fund or before an appropriation is made available.

ANTI-NEPOTISM ACT: 5 U.S.C. § 3110

Public Law Number:

Synopsis:

Pub. L. 90-206, Dec. 16, 1967; Pub. L. 95-454, Title IX § 906(a)(2), Oct. 13, 1978

A public official is prohibited from employing, appointing, promoting, advancing or advocating for appointment, employment promotion or advancement any relative for a civilian position in the agency in which the public official is serving.

AUGMENTATION PROHIBITION: 31 U.S.C. §§ 1301 (a), 3302(b)

Public Law Number:

Synopsis:

Pub. L. 97-258, Sept. 13, 1982; Pub. L. 98-369, July 18, 1984; Pub. L. 103-272, July 5, 1994; Pub. L. 103-429, Oct. 31, 1994, 105-277, Oct. 21, 1998; 106-31, Title V § 5005(1), May 21, 1999

This Act limits the use of appropriations only to those objects for which the appropriation was made. In addition, an agent of the Government, who receives money for the Government, shall deposit that money in the Treasury without deduction for any charge or claim.

DEBT COLLECTION ACT OF 1982: 31 U.S.C. §§ 3302, 3701, 3711, 3716 to 3719

[blocks in formation]

Synopsis:

The Debt Collection Act expands the authority of agencies to recover general debts owed to the United States.

DEBT COLLECTION IMPROVEMENT ACT OF 1996: 31 U.S.C. §§ 3720B to 3720D

Public Law Number:

Synopsis:

Pub. L. 104-134, Title III, ch. 10, § 31001, April 26, 1996; 104-134, Title III, ch. 10 § 31001, April 26, 1996

This act amends the Debt Collection Act of 1982.

« AnteriorContinuar »