[Federal Register Volume 85, Number 110 (Monday, June 8, 2020)]
[Notices]
[Pages 35125-35127]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-12364]


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NATIONAL ARCHIVES AND RECORDS ADMINISTRATION

[NARA-2020-0046]


Public Interest Declassification Board; Revised Bylaws

AGENCY: Information Security Oversight Office, National Archives and 
Records Administration.

ACTION: Notice of revised Public Interest Declassification Board 
Bylaws.

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SUMMARY: We are announcing revisions to the Bylaws of the Public 
Interest Declassification Board (PIDB). The members of the PIDB 
approved these revised Bylaws and we are publishing them with this 
notice, in accordance with requirements in the Bylaws. You may also 
find the Bylaws on the PIDB website.

DATES: The revised Bylaws are effective as of June 1, 2020.

ADDRESSES: You can see these Bylaws, as well as additional information 
about

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the PIDB, at the PIDB website at https://www.archives.gov/declassification/pidb.

FOR FURTHER INFORMATION CONTACT: John C. Powers, Associate Director, 
Classification Management, at the Information Security Oversight 
Office, by phone at 202.357.5183 or by email at [email protected].

SUPPLEMENTARY INFORMATION: The PIDB is an executive branch board that 
advises and makes recommendations to the President and other executive 
branch officials on matters related to classifying and declassifying 
national security information, as authorized by Public Law 106-567, as 
amended, 50 U.S.C.A. Sec.  3355a (Pub. L. 116-92, December 20, 2019). 
The PIDB Bylaws were previously last revised on May 30, 2007, and 
published in the Federal Register on June 25, 2007. The Board's members 
approved the current revisions to the Bylaws unanimously in a 5-0 vote 
with an effective date of June 1, 2020. The revisions include the 
following changes: Adding the requirement that the Board meet at least 
quarterly in person, as provided in Public Law 116-92, unless otherwise 
prevented by public health or other emergencies; clarifying what 
constitutes a quorum for the Board to be authorized to meet; a 
provision concerning continuity of the Board in the event the Board has 
fewer than three members appointed; adjusting the decision-making 
process for declassification recommendations to the President to 
account for possible additional vacancies on the Board; clarifying a 
provision concerning the number of votes required to approve amendments 
to the Bylaws; and several minor administrative changes.

PIDB Bylaws

(June 1, 2020)

Article I. Purpose
    The purpose of the Public Interest Declassification Board (the 
Board) and these bylaws is to fulfill the functions assigned to the 
Board by statute.
Article II. Authority
    Public Interest Declassification Act of 2000 (the Act, Pub. L. 106-
567, December 27, 2000), as amended, 50 U.S.C.A. Sec.  3355a (Pub. L. 
116-92, December 20, 2019), and subsequent amendments or successor 
authorities.
Article III. Membership
    A. Membership. Appointments under section 703(c) of the Act 
establish the membership of the Board.
    B. Chairperson. As provided in section 703(d) of the Act, the 
President shall select the Chairperson from among the members.
    C. Vice Chairperson. The members may elect from among the members a 
Vice Chairperson who shall:
    1. Chair meetings that the Chairperson is unable to attend; and
    2. Serve as Acting Chairperson during a vacancy in the Chairperson 
of the Board.
    D. Continuity. During any period in which the Board has fewer than 
three current members appointed, the Executive Secretary shall continue 
the Board's operations, in coordination with current members, even 
though the Board may not convene formal meetings as described in 
Article IV below during such time. This may include responding to basic 
requests that do not require a vote under Articles V and VIII below, 
holding informal discussions with the members, and maintaining or 
generating records and reports.
Article IV. Meetings
    A. Purpose. The primary purpose of Board meetings is to discuss and 
bring formal resolution to matters before the Board.
    B. Frequency. The Board shall meet at the call of the Chairperson, 
who shall schedule meetings at least quarterly and in person, as 
provided in section 703(e) of the Act, as amended (unless otherwise 
prevented by public health or other emergencies), and as may be 
necessary for the Board to fulfill its functions in a timely manner. 
The Chairperson shall also convene the Board when requested by a 
majority of its members.
    C. Quorum. Meetings of the Board may be held only when a quorum is 
present. As provided for in section 703(e) of the Act, a quorum 
requires the presence of at least a majority of the current members of 
the Board and shall not be fewer than three members. If there are fewer 
than three members currently appointed at any time, the Board may not 
convene a meeting, but may have informal discussions of administrative 
matters.
    D. Attendance. To the greatest extent feasible, meetings of the 
board will be open to the public. In those instances where the Board 
finds it necessary to conduct business at a closed meeting, attendance 
at meetings of the Board shall be limited to those people necessary for 
the Board to fulfill its functions in a complete and timely manner, as 
determined by the Chairperson.
    E. Agenda. The Chairperson shall establish the agenda for all 
meetings. Potential items for the agenda may be submitted to the 
Chairperson by any member or the Executive Secretary. Acting through 
the Executive Secretary, the Chairperson will distribute the agenda and 
supporting materials to the members as far in advance as possible 
before a scheduled meeting. The agendas shall be posted on the Board's 
website unless specified by the Chairperson and agreed to by a majority 
of the members.
    F. Summaries. The Executive Secretary shall be responsible for 
preparing the summary of each meeting and distributing it to each 
member. The summaries will include a record of the members present at 
the meeting and the result of each vote. The summaries will be 
maintained among the records of the Board.
Article V. Voting
    A. Motions. When the Board must make a decision or recommendation 
to resolve a matter before it, the Chairperson shall request or accept 
a motion for a vote. Any member, including the Chairperson, may make a 
motion for a vote. No second shall be required to bring any motion to a 
vote. A quorum must be present when a vote is taken.
    B. Eligibility. Only the members, including the Chairperson, may 
vote on a motion before the Board.
    C. Voting procedures. Votes shall ordinarily be taken and tabulated 
by a show of hands, or other similar method that can be used to record 
each member's vote.
    D. Passing a motion. In response to a motion, members may vote 
affirmatively, negatively, or abstain from voting. Except as otherwise 
provided in these bylaws, a motion passes when a majority of the 
members present vote in the affirmative.
    E. Votes in a non-meeting context. The Chairperson may call for a 
vote of the membership outside the context of a formal Board meeting. 
The Executive Secretary shall record and retain such votes in a 
documentary form and immediately report the results to the Chairperson 
and other members.
Article VI. Support Staff
    As provided in section 703(d)(2) of the Act, the Director of the 
Information Security Oversight Office will serve as Executive Secretary 
to the Board, and, in accordance with section 703(j) of the Act, the 
staff of the Information Security Oversight Office will provide program 
and administrative support for the Board. The Executive Secretary will 
supervise the staff in this function pursuant to the direction of the 
Chairperson and Board. On an as needed basis and in accordance with

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section 703(f) of the Act, the Board may seek detailees from 
departments and agencies to augment the staff of the Information 
Security Oversight Office in support of the Board.
Article VII. Records
    A. Integrity of Board records. The Executive Secretary shall 
maintain separately documentary materials, regardless of their physical 
form or characteristics, that are produced by or presented to the Board 
or its staff in the performance of the Board's functions, consistent 
with applicable Federal law.
    B. Referrals. Any Freedom of Information Act request or other 
access request for a record that originated within an agency other than 
the Board shall be referred to that agency for review.
Article VIII. Procedures for Handling Congressional Requests To 
Declassify Certain Records or Congressional Requests To Review 
Declinations To Declassify Specific Records and Making Recommendations 
to the President
    A. Purpose. This Article sets forth the procedures for considering 
a proper request under the Act from a committee of jurisdiction in the 
Congress for the Board to make a recommendation to the President 
regarding the declassification of certain records.
    B. Narrowing requests. To expedite the resolution of requests, and 
under the direction of the Chairperson, the Executive Secretary is 
authorized to consult with the requesting committee to narrow or 
prioritize the scope of the request.
    C. Standards for decision. A recommendation to declassify a record 
in whole or in part requires that the Board determine, after careful 
consideration of the views of the original classifying authority, that 
declassification is in the public interest. A decision to recommend 
declassification in whole or in part requires that a majority of the 
members present vote in the affirmative, except when there are only 
three members present, in which case all three must vote in the 
affirmative.
    D. Resolving requests. The Board may recommend that the President: 
(1) Take no action pursuant to the request; (2) declassify the 
record(s) in whole or in part pursuant to action taken in accordance 
with paragraph C; or (3) remand the matter to the agency responsible 
for the record(s) for further consideration and a timely response to 
the Board.
    E. Notification. The Chairperson shall promptly convey to the 
President, through the Assistant to the President for National Security 
Affairs, and to the agency head responsible for the record(s), the 
Board's recommendation, including a written justification for its 
recommendation.
    F. Protecting classified information. Any classified information 
gathered to evaluate a request shall be handled and protected in 
accordance with Executive Order 13526, Classified National Security 
Information, or subsequent executive order. Information that is subject 
to a request for declassification under this section shall remain 
classified unless and until a final decision is made by the President, 
or by the agency head responsible for the record(s), to declassify it. 
Decisions to release declassified information rest with the responsible 
agency rather than the Board.
    G. Maintaining records. The Executive Secretary shall maintain a 
file of each request among the records of the Board.
Article IX. Annual Reports to Congress
    As provided in section 706(e) of the Act, pertinent information and 
data about the activities of the Board shall be included in the report 
to the appropriate congressional committees. The Chairperson, in 
coordination with the other members of the Board and the Executive 
Secretary, shall determine what information to include in each Report.
Article X. Approval, Amendment, and Publication of Bylaws
    The approval and amendment of these bylaws shall require that a 
majority of the members present vote in the affirmative, except when 
there are only three members present, in which case all three must vote 
in the affirmative. The Executive Secretary shall submit the approved 
bylaws and their amendments for publication in the Federal Register.

Kimberly Keravuori,
NARA Federal Register Liaison.
[FR Doc. 2020-12364 Filed 6-5-20; 8:45 am]
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