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![handle is hein.crs/goveici0001 and id is 1 raw text is: Congressional Research Service
informing the legislative debate since 1914
0
August 4, 2022
Procedures for Declassifying Intelligence of Public Interest
Congress occasionally considers whether to declassify
intelligence on issues of important public interest. Such
intelligence, for example, may provide evidence of war
crimes, insight into diplomatic initiatives, or transparency
into government activities. While some Members of
Congress may disagree over the types of intelligence
information that warrants declassification, some Members
may also view existing executive branch policy governing
the routine declassification of material as inadequate in the
face of a more pressing need to inform the public.
Procedures established in both the executive branch and
legislative branch provide for initiating action to declassify
intelligence. Each involves a deliberate process for
evaluating the need to serve the public interest alongside
the requirement to protect intelligence sources and methods.
In 2015, the Director of National Intelligence (DNI) issued
Principles of Intelligence Transparency of the Intelligence
Community to facilitate decisions on making information
publicly available to increase the public's understanding of
the Intelligence Community's mission and activities while
continuing to protect national security. These principles
included providing timely transparency on matters of
public interest, or explaining why, in particular
circumstances, information cannot be made public.
This product provides an overview of common legislative
and executive branch procedures for declassifying
intelligence. For some procedures, Congress retains the
final authority on whether or not to declassify information.
For others, the President makes the final determination. Still
others can be requested by any U.S. person of an
originating agency, which makes the final determination.
Automatic Declassification
Executive Order (E.O.) 13526, Classified National Security
Information, signed by President Barack Obama on
December 29, 2009, provides guidance to federal agencies
on classification and declassification of information. The
originating agency that classifies particular intelligence
information also has the authority to declassify it, consistent
with the guidelines provided in E.O. 13526, which
references but does not define the term public interest. The
original classification authority establishes a date for
declassification, which can be up to 25 years from the date
the information was initially classified. If the original
classification authority does not specify a date for
declassification, the information will be automatically
declassified after 10 years. The original classification
authority may decide to declassify information earlier than
the established date if it determines the information no
longer meets the standards for classification. In addition to
the original classification authority, the DNI, or-if the
DNI directs-the Principal Deputy DNI, may declassify or
direct the declassification of intelligence information after
consulting with the originating agency head.
Exemptions from Automatic Declassification
E.O. 13526 provides for exempting information from
automatic declassification in two situations:
(1) in particular circumstances where continued classification is
necessary if the original classification authority can show, for
example, that declassification would reveal the identity of a
human source, or the relationship with the intelligence service of a
foreign government, or facilitate the development of weapons of
mass destruction; or
(2) where declassification is appropriate in some exceptional
cases [where] the need to protect such information may be
outweighed by the public interest.
Declassification by Congress
Section B of Senate Resolution 400, 94th Congress,
2 Sess. (1976)
Standing rules of the Senate Select Committee on
Intelligence (SSCI) give the committee the authority to
declassify and publicly disclose information in its
possession, after a vote affirming that the disclosure would
serve the public interest. Rules require the committee to
notify and consult with the Senate Majority and Minority
Leaders prior to the SSCI notifying the President. This
procedure, however, gives the President an opportunity to
object in writing to the disclosure within a five-day window
of being notified of the SSCI vote. The President must
provide the reasons for why the national interest in keeping
the information classified outweighs the national interest. In
such instances, the question of disclosure is referred to the
entire Senate in closed session for consideration. The
Senate can approve or disapprove the disclosure of all or
part of the information in question, or refer all or part of the
information back to the SSCI for a final decision.
In 2014, for example, the SSCI voted to send the Executive
Summary, Findings and Conclusions of the SSCI's 2014
report on the Central Intelligence Agency's detention and
interrogation program to the President for declassification
and public release. In this instance, the President agreed to
direct a declassification review and release of the
document.
Clause I I (g)(1) of House RuleX
Standing rules of the House of Representatives also allow
the House Permanent Select Committee on Intelligence
(HPSCI) to disclose classified information after a vote by
the committee that it would be in the public interest to do
so. The HPSCI must notify the President, who then has an
opportunity to object in writing within five days of
notification, providing reasons for why national security
interests outweigh the public interest. The HPSCI may then,
by majority vote, refer the matter to the House with a
recommendation. If the House does not approve the HPSCI](ViewImageLocal?handle=hein.crs/goveici0001&div=1&collection=&method=preview&ext=.png&size=3)