1. What is NARA doing
differently regarding access to archival materials?
In light of the terrorist events of September 11, we are re-evaluating access
to some previously open archival materials and reinforcing established
practices on screening materials not yet open for research. By identifying
records of concern and measures that must be taken to prevent inappropriate
disclosure, NARA seeks to reduce the risk of providing access to materials that
might support terrorist activity.
2. What is the authority for
these actions?
The Freedom of Information Act (FOIA), 5 U.S.C. 552, as amended, lists
exemptions to the release of information that apply to records of concern. In
addition, the Department of Justice recently instructed agencies that it is
appropriate to protect information that could enable someone to succeed in causing
harm to the Federal Government of the United States under exemption (b)(2).
Other authorities are restrictions contained in deeds of gift, the Presidential
Recordings and Materials Preservation Act, the Presidential Records Act, and
Executive Orders.
3. What specific concerns are we
addressing?
We want to minimize the risk that NARA-held archival materials might aid
terrorists or their supporters with:
a. Stealing a person's identity through access to names with social security numbers;
b. Targeting or planning a terrorist attack on a public site;
c. Exploiting information about security, evacuation, and other emergency planning to maximize damage following an attack; and
d. Obtaining information about potential weapons for purposes of destruction.
4. How might concern about
terrorism change the way we have been providing access to records?
Many archival materials of concern have been restricted in some way
continuously since their transfer to NARA and have required screening before
releasing for research. Others may have been open in the absence of an
awareness that certain records relating to protection against terrorist attack
and records providing detailed information about potential targets of terrorism
may be used by terrorists or their supporters. To the extent possible, NARA is
consulting with representatives of the agencies of origin and the Federal
Emergency Management Agency (FEMA) to determine whether current circumstances
warrant a change in access provisions for specific records of concern. These consultations
with Government officials may result in screening records that have previously
been open without screening. Additional measures, such as withdrawing a file
from public access, may be required in rare cases.