Executive Order 14040 · Signed Sep 3, 2021

86 FR 50439 · Published Sep 9, 2021 · Effective on signing

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

national securitygovernment transparencySeptember 11 attacksdeclassificationFBI investigations

Signed by President Joseph R. Biden Jr.

The order directs the Attorney General and heads of relevant agencies to conduct phased declassification reviews of FBI and other government records from the investigation of the September 11, 2001 terrorist attacks, with the first release required by the 20th anniversary of 9/11.

It establishes a 180-day timeline for reviewing progressively broader categories of documents, from specific FBI communications withheld in prior litigation to records from all investigations touching foreign-government connections to the attacks — responding to longstanding demands from survivors and victims' families.

What this order does

What it orders

The order directs the Attorney General and the heads of any other agencies that originated relevant records to conduct declassification reviews of four specific categories of 9/11-related documents on a rolling schedule. The first review covers a single FBI electronic communication dated April 4, 2016, due by September 11, 2021. Subsequent phases cover all classified records previously withheld in the civil litigation In re Terrorist Attacks on September 11, 2001 (60 days), PENTTBOM investigation records referencing subjects of a subfile investigation (120 days), and records from any other FBI investigation of those subjects related to foreign-government connections (180 days). Agencies must report results and justifications for any non-declassified material to the President and congressional intelligence committees after each phase, and publicly release all declassified material.

The order does not itself declassify any document; actual declassification depends on agency review determinations made under the standards of Executive Order 13526. Information may remain classified only if there is a reasonable expectation of damage to national security, and agencies are expressly prohibited from keeping records classified to conceal legal violations, inefficiency, or embarrassment. Non-classified portions must be disentangled from any classified material and released to the public to the extent practicable.

Who it affects

The Attorney General, FBI, and heads of other federal agencies that originated relevant 9/11 investigation records are directly directed to act. Survivors of the September 11 attacks, victims' families, and the general public stand to benefit from any resulting disclosures.

Why it matters

Families and survivors of the September 11 attacks have sought access to government investigation records for two decades. Depending on review outcomes, this order could result in public release of FBI records that were previously withheld in federal litigation, potentially shedding new light on the attacks and any foreign-government connections.

What must happen and when

How the order is supposed to work

The order creates a four-phase review arc, with the Attorney General leading each phase in consultation with other originating agencies. After each phase, the AG must report results — including justifications for any withholdings — to the President through the National Security Advisor and to the congressional intelligence committees. All declassified material is then made publicly available, except for confidential executive-branch deliberations. Information that survives review must still be tested under EO 13526 standards, and non-classified portions must be separated and released. There is no enforcement mechanism specified for missed deadlines.

Actions and deadlines

  • Complete declassification review of the April 4, 2016 FBI electronic communication withheld in 9/11 litigation2021-09-11
  • Complete declassification review of all other classified records withheld in In re Terrorist Attacks on September 11, 2001 and the 2021 FBI subfile-closing communicationWithin 60 days of signing
  • Complete declassification review of PENTTBOM investigation records referencing subfile investigation subjectsWithin 120 days of signing
  • Complete declassification review of records from any separate FBI investigation of subfile subjects related to foreign-government connectionsWithin 180 days of signing
  • Submit report to the President and congressional intelligence committees on results of each completed review, including justifications for withheld informationUpon completion of each review
  • Make publicly available all information declassified as a result of each reviewUpon completion of each review

Agencies directed to act

Department of JusticeFederal Bureau of Investigation

Authority and reach

Authorities cited

Article II

Constitutional grant of executive power to the President.

Executive Order 13526

2009 order governing classification and declassification of national security information.

Executive Order

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