-CITE-

22 USC CHAPTER 53B - FOREIGN RELATIONS OF THE UNITED

STATES HISTORICAL SERIES 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 53B - FOREIGN RELATIONS OF THE UNITED STATES HISTORICAL

SERIES

-HEAD-

CHAPTER 53B - FOREIGN RELATIONS OF THE UNITED STATES HISTORICAL

SERIES

-MISC1-

Sec.

4351. General authority and contents of publication.

(a) Charter of publication.

(b) Editing principles.

(c) Deadline for publication of records.

4352. Responsibility for preparation of FRUS series.

(a) In general.

(b) National Archives and Records Administration.

4353. Procedures for identifying records for FRUS series;

declassification, revisions, and summaries.

(a) Development of procedures.

(b) Declassification review.

4354. Declassification of State Department records.

(a) Deadline for declassification.

(b) Exempted records.

(c) Review.

(d) Annual reports by the Advisory Committee.

(e) Annual reports by the Secretary.

4355. Relationship to Privacy Act and Freedom of Information

Act.

(a) Privacy Act.

(b) Freedom of Information Act.

4356. Advisory Committee.

(a) Establishment.

(b) Terms of service for appointments.

(c) Selection of chairperson.

(d) Meetings.

(e) Security clearances.

(f) Compensation.

4357. Definitions.

-End-

-CITE-

22 USC Sec. 4351 01/06/03

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TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 53B - FOREIGN RELATIONS OF THE UNITED STATES HISTORICAL

SERIES

-HEAD-

Sec. 4351. General authority and contents of publication

-STATUTE-

(a) Charter of publication

The Department of State shall continue to publish the "Foreign

Relations of the United States historical series" (hereafter in

this chapter referred to as the "FRUS series"), which shall be a

thorough, accurate, and reliable documentary record of major United

States foreign policy decisions and significant United States

diplomatic activity. Volumes of this publication shall include all

records needed to provide a comprehensive documentation of the

major foreign policy decisions and actions of the United States

Government, including the facts which contributed to the

formulation of policies and records providing supporting and

alternative views to the policy position ultimately adopted.

(b) Editing principles

The editing of records for preparation of the FRUS series shall

be guided by the principles of historical objectivity and accuracy.

Records shall not be altered and deletions shall not be made

without indicating in the published text that a deletion has been

made. The published record shall omit no facts which were of major

importance in reaching a decision, and nothing shall be omitted for

the purpose of concealing a defect of policy.

(c) Deadline for publication of records

The Secretary of State shall ensure that the FRUS series shall be

published not more than 30 years after the events recorded.

-SOURCE-

(Aug. 1, 1956, ch. 841, title IV, Sec. 401, as added Pub. L.

102-138, title I, Sec. 198(a), Oct. 28, 1991, 105 Stat. 685.)

-MISC1-

COMPLIANCE WITH DEADLINE FOR PUBLICATION OF FRUS SERIES;

NOTIFICATION TO CONGRESSIONAL COMMITTEES ON FAILURE TO COMPLY;

FINAL DEADLINE

Section 198(c)(2) of Pub. L. 102-138 provided that:

"(A) In order to come into compliance with section 401(c) of the

State Department Basic Authorities Act of 1956 [22 U.S.C. 4351(c)]

(as amended by this section) the Secretary of State shall ensure

that, by the end of the 3-year period beginning on the date of the

enactment of this Act [Oct. 28, 1991], all volumes of the Foreign

Relations of the United States historical series (FRUS) for the

years that are more than 30 years before the end of that 3-year

period have been published.

"(B) If the Secretary cannot reasonably meet the requirements of

subparagraph (A), the Secretary shall notify the Committee on

Foreign Relations of the Senate and the Committee on Foreign

Affairs of the House of Representatives and describe how the

Department of State plans to meet the requirements of subparagraph

(A). In no event shall volumes subject to subparagraph (A) be

published later than 5 years after the date of the enactment of

this Act."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 4354 of this title.

-End-

-CITE-

22 USC Sec. 4352 01/06/03

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TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 53B - FOREIGN RELATIONS OF THE UNITED STATES HISTORICAL

SERIES

-HEAD-

Sec. 4352. Responsibility for preparation of FRUS series

-STATUTE-

(a) In general

(1)(A) The Historian of the Department of State shall be

responsible for the preparation of the FRUS series, including the

selection of records, in accordance with the provisions of this

chapter.

(B) The Advisory Committee on Historical Diplomatic Documentation

shall review records, and shall advise and make recommendations to

the Historian concerning all aspects of preparation and publication

of the FRUS series, including, in accordance with the procedures

contained in section 4353 of this title, the review and selection

of records for inclusion in volumes of the series.

(2) Other departments, agencies, and other entities of the United

States Government shall cooperate with the Office of the Historian

by providing full and complete access to the records pertinent to

United States foreign policy decisions and actions and by providing

copies of selected records in accordance with the procedures

developed under section 4353 of this title, except that no access

to any record, and no provision of any copy of a record, shall be

required in the case of any record that was prepared less than 26

years before the date of a request for such access or copy made by

the Office of the Historian.

(b) National Archives and Records Administration

Notwithstanding any other provision of this chapter, the

requirement for the National Archives and Records Administration to

provide access to, and copies of, records to the Department of

State for the FRUS series shall be governed by chapter 21 of title

44, by any agreement concluded between the Department of State and

the National Archives and Records Administration, and, in the case

of Presidential records, by section 2204 of such title.

-SOURCE-

(Aug. 1, 1956, ch. 841, title IV, Sec. 402, as added Pub. L.

102-138, title I, Sec. 198(a), Oct. 28, 1991, 105 Stat. 685.)

-TRANS-

AUTHORITY OF SECRETARY OF STATE

Except as otherwise provided, Secretary of State to have and

exercise any authority vested by law in any official or office of

Department of State and references to such officials or offices

deemed to refer to Secretary of State or Department of State, as

appropriate, see section 2651a of this title and section 161(d) of

Pub. L. 103-236, set out as a note under section 2651a of this

title.

-End-

-CITE-

22 USC Sec. 4353 01/06/03

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TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 53B - FOREIGN RELATIONS OF THE UNITED STATES HISTORICAL

SERIES

-HEAD-

Sec. 4353. Procedures for identifying records for FRUS series;

declassification, revisions, and summaries

-STATUTE-

(a) Development of procedures

Not later than 180 days after October 28, 1991, each department,

agency, or other entity of the United States Government engaged in

foreign policy formulation, execution, or support shall develop

procedures for its historical office (or a designated individual in

the event that there is no historical office) -

(1) to coordinate with the State Department's Office of the

Historian in selecting records for possible inclusion in the FRUS

series;

(2) to permit full access to the original, unrevised records by

such individuals holding appropriate security clearances as have

been designated by the Historian as liaison to that department,

agency, or entity, for purposes of this chapter, and by members

of the Advisory Committee; and

(3) to permit access to specific types of records not selected

for inclusion in the FRUS series by the individuals identified in

paragraph (2) when requested by the Historian in order to confirm

that records selected by that department, agency, or entity

accurately represent the policymaking process reflected in the

relevant part of the FRUS series.

(b) Declassification review

(1) Subject to the provisions of this subsection, records

selected by the Historian for inclusion in the FRUS series shall be

submitted to the respective originating agency for declassification

review in accordance with that agency's procedures for such review,

except that such declassification review shall be completed by the

originating agency within 120 days after such records are submitted

for review. If the originating agency determines that any such

record is not declassifiable because of a continuing need to

protect sources and methods for the collection of intelligence

information or to protect other sensitive national security

information, then the originating agency shall attempt to make such

deletions in the text as will make the record declassifiable.

(2) If the Historian determines that the meaning of the records

proposed for inclusion in a volume of the FRUS series would be so

altered or changed by deletions made under paragraph (1) that

publication in that condition could be misleading or lead to an

inaccurate or incomplete historical record, then the Historian

shall take steps to achieve a satisfactory resolution of the

problem with the originating agency. Within 60 days of receiving a

proposed solution from the Historian, the originating agency shall

furnish the Historian a written response agreeing to the solution

or explaining the reasons for the alteration or deletion.

(3) The Historian shall inform the Advisory Committee of any

failure by an originating agency to complete its declassification

review of a record within 120 days and of any steps taken under

paragraph (2).

(4) If the Advisory Committee determines that the meaning of the

records proposed for inclusion in a volume of the FRUS series would

be so altered or changed by deletions made under paragraph (1), or

if the Advisory Committee determines as a result of inspection of

other documents under subsection (a)(3) of this section that the

selection of documents could be misleading or lead to an inaccurate

or incomplete historical record, then the Advisory Committee shall

so advise the Secretary of State and submit recommendations to

resolve the issue.

(5)(A) The Advisory Committee shall have full and complete access

to the original text of any record in which deletions have been

made. In the event that the head of any originating agency

considers it necessary to deny access by the Advisory Committee to

the original text of any record, that agency head shall promptly

notify the Advisory Committee in writing, describing the nature of

the record in question and the justification for withholding that

record.

(B) The Historian shall provide the Advisory Committee with a

complete list of the records described in subparagraph (A).

(6) If a record is deleted in whole or in part as a result of

review under this subsection then a note to that effect shall be

inserted at the appropriate place in the FRUS volume.

-SOURCE-

(Aug. 1, 1956, ch. 841, title IV, Sec. 403, as added Pub. L.

102-138, title I, Sec. 198(a), Oct. 28, 1991, 105 Stat. 686.)

-TRANS-

AUTHORITY OF SECRETARY OF STATE

Except as otherwise provided, Secretary of State to have and

exercise any authority vested by law in any official or office of

Department of State and references to such officials or offices

deemed to refer to Secretary of State or Department of State, as

appropriate, see section 2651a of this title and section 161(d) of

Pub. L. 103-236, set out as a note under section 2651a of this

title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 4352, 4355 of this title.

-End-

-CITE-

22 USC Sec. 4354 01/06/03

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TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 53B - FOREIGN RELATIONS OF THE UNITED STATES HISTORICAL

SERIES

-HEAD-

Sec. 4354. Declassification of State Department records

-STATUTE-

(a) Deadline for declassification

(1) Except as provided in subsection (b) of this section, each

classified record of permanent historical value (as determined by

the Secretary of State and the Archivist of the United States)

which was published, issued, or otherwise prepared by the

Department of State (or any officer or employee thereof acting in

an official capacity) shall be declassified not later than 30 years

after the record was prepared, shall be transferred to the National

Archives and Records Administration, and shall be made available at

the National Archives for public inspection and copying.

(2) Nothing in this subsection may be construed to require the

declassification of a record wholly prepared by a foreign

government.

(b) Exempted records

Subsection (a) of this section shall not apply to any record (or

portion thereof) the publication of which the Secretary of State,

in coordination with any agency that originated information in the

records, determines -

(1) would compromise weapons technology important to the

national defense of the United States or reveal sensitive

information relating to the design of United States or foreign

military equipment or relating to United States cryptologic

systems or activities;

(2) would disclose the names or identities of living persons

who provided confidential information to the United States and

would pose a substantial risk of harm to such persons;

(3) would demonstrably impede current diplomatic negotiations

or other ongoing official activities of the United States

Government or would demonstrably impair the national security of

the United States; or

(4) would disclose matters that are related solely to the

internal personnel rules and practices of the Department of State

or are contained in personnel, medical, or similar files the

disclosure of which would constitute a clearly unwarranted

invasion of personal privacy.

(c) Review

(1) The Advisory Committee shall review -

(A) the State Department's declassification procedures,

(B) all guidelines used in declassification, including those

guidelines provided to the National Archives and Records

Administration which are in effect on October 28, 1991, and

(C) by random sampling, records representative of all

Department of State records published, issued, or otherwise

prepared by the Department of State that remain classified after

30 years.

(2) In the event that the Secretary of State considers it

necessary to deny access to records under paragraph (1)(C), the

Secretary shall notify the Advisory Committee in writing,

describing the nature of the records in question and the

justification for withholding them.

(d) Annual reports by the Advisory Committee

The Advisory Committee shall annually submit to the Secretary of

State and to the Committee on Foreign Relations of the Senate and

the Committee on International Relations of the House of

Representatives a report setting forth its findings from the review

conducted under subsection (c) of this section.

(e) Annual reports by the Secretary

(1) In general

Not later than March 1 of each year, the Secretary shall submit

a report to the Committee on Foreign Relations of the Senate and

the Committee on International Relations of the House of

Representatives on the compliance of the Department of State with

the provisions of this chapter, including -

(A) the volumes published in the previous calendar year;

(B) the degree to which the Department is not in compliance

with the deadline set forth in section 4351(c) of this title;

and

(C) the factors relevant to the inability of the Department

to comply with the provisions of this chapter, including

section 4351(c) of this title.

(2) Form of reports

Each report required to be submitted by paragraph (1) shall be

submitted in unclassified form, together with a classified annex

if necessary.

-SOURCE-

(Aug. 1, 1956, ch. 841, title IV, Sec. 404, as added Pub. L.

102-138, title I, Sec. 198(a), Oct. 28, 1991, 105 Stat. 687;

amended Pub. L. 107-228, div. A, title II, Sec. 205, Sept. 30,

2002, 116 Stat. 1363.)

-MISC1-

AMENDMENTS

2002 - Subsec. (d). Pub. L. 107-228, Sec. 205(a), substituted

"Annual reports by the Advisory Committee" for "Reporting

requirement" in heading and inserted "and to the Committee on

Foreign Relations of the Senate and the Committee on International

Relations of the House of Representatives" after "Secretary of

State" in text.

Subsec. (e). Pub. L. 107-228, Sec. 205(b), substituted "Annual

reports by the Secretary" for "Report to Congress" in heading and

amended text generally. Prior to amendment, text read as follows:

"Not later than 180 days after October 28, 1991, the Secretary of

State shall prepare and submit a written report to the Committee on

Foreign Affairs of the House of Representatives and the Committee

on Foreign Relations of the Senate on factors relevant to

compliance with this section, and the procedures to be used for

implementing the requirements of this section."

COMPLIANCE WITH DECLASSIFICATION OF STATE DEPARTMENT RECORDS;

NOTIFICATION TO CONGRESSIONAL COMMITTEES ON INABILITY TO COMPLY;

FINAL DEADLINE

Section 198(c)(1) of Pub. L. 102-138 provided that: "The

Secretary of State shall ensure that the requirements of section

404 of the State Department Basic Authorities Act of 1956 [22

U.S.C. 4354] (as amended by this section) are met not later than

one year after the date of enactment of this Act [Oct. 28, 1991].

If the Secretary cannot reasonably meet the requirements of such

section, he shall so notify the Committee on Foreign Relations of

the Senate and the Committee on Foreign Affairs of the House of

Representatives, and describe how the Department of State intends

to meet the requirements of that section. In no event shall full

compliance with the requirements of such section take place later

than 2 years after the date of enactment of this Act."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 4355 of this title.

-End-

-CITE-

22 USC Sec. 4355 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 53B - FOREIGN RELATIONS OF THE UNITED STATES HISTORICAL

SERIES

-HEAD-

Sec. 4355. Relationship to Privacy Act and Freedom of Information

Act

-STATUTE-

(a) Privacy Act

Nothing in this chapter may be construed as requiring the public

disclosure of records or portions of records protected under

section 552a of title 5 (relating to the privacy of personal

records).

(b) Freedom of Information Act

(1) Except as provided in paragraph (2), no record (or portion

thereof) shall be excluded from publication in the FRUS series

under section 4353 of this title, or exempted from the

declassification requirement of section 4354 of this title, solely

by virtue of the application of section 552(b) of title 5 (relating

to the exemption of certain matters from freedom of information

requirements).

(2) Records described in section 1202(f) of title 8 (relating to

visa records) shall be excluded from publication in the FRUS series

under section 4353 of this title and, to the extent applicable,

exempted from the declassification requirement of section 4354 of

this title.

-SOURCE-

(Aug. 1, 1956, ch. 841, title IV, Sec. 405, as added Pub. L.

102-138, title I, Sec. 198(a), Oct. 28, 1991, 105 Stat. 688.)

-End-

-CITE-

22 USC Sec. 4356 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 53B - FOREIGN RELATIONS OF THE UNITED STATES HISTORICAL

SERIES

-HEAD-

Sec. 4356. Advisory Committee

-STATUTE-

(a) Establishment

(1) There is established on a permanent basis the Advisory

Committee on Historical Diplomatic Documentation for the Department

of State. The activities of the Advisory Committee shall be

coordinated by the Office of the Historian of the Department of

State.

(2) The Advisory Committee shall be composed of 9 members and an

executive secretary. The Historian shall serve as executive

secretary.

(3)(A) The members of the Advisory Committee shall be appointed

by the Secretary of State from among distinguished historians,

political scientists, archivists, international lawyers, and other

social scientists who have a demonstrable record of substantial

research pertaining to the foreign relations of the United States.

No officer or employee of the United States Government shall be

appointed to the Advisory Committee.

(B)(i) Six members of the Advisory Committee shall be appointed

from lists of individuals nominated by the American Historical

Association, the Organization of American Historians, the American

Political Science Association, Society of American Archivists, the

American Society of International Law, and the Society for

Historians of American Foreign Relations. One member shall be

appointed from each list.

(ii) If an organization does not submit a list of nominees under

clause (i) in a timely fashion, the Secretary of State shall make

an appointment from among the nominees on other lists.

(b) Terms of service for appointments

(1) Except as provided in paragraph (2), members of the Advisory

Committee shall be appointed for terms of three years.

(2) Of the members first appointed, as designated by the

Secretary of State at the time of their appointment (after

consultation with the appropriate organizations) three shall be

appointed for terms of one year, three shall be appointed for terms

of two years, and three shall be appointed for terms of three

years.

(3) Each term of service under paragraph (1) shall begin on

September 1 of the year in which the appointment is made.

(4) A vacancy in the membership of the Advisory Committee shall

be filled in the same manner as provided under this subsection to

make the original appointment. A member appointed to fill a vacancy

occurring before the expiration of a term shall serve for the

remainder of that term. A member may continue to serve when his or

her term expires until a successor is appointed. A member may be

appointed to a new term upon the expiration of his or her term.

(c) Selection of chairperson

The Advisory Committee shall select, from among its members, a

chairperson to serve a term of 1 year. A chairperson may be

reelected upon expiration of his or her term as chairperson.

(d) Meetings

A majority of the members of the Advisory Committee shall

constitute a quorum. The Advisory Committee shall meet at least

quarterly or as frequently as may be necessary to carry out its

duties.

(e) Security clearances

(1) All members of the Advisory Committee shall be granted the

necessary security clearances, subject to the standard procedures

for granting such clearances.

(2) For purposes of any law or regulation governing access to

classified records, a member of the Advisory Committee seeking

access under this paragraph to a record shall be deemed to have a

need to know.

(f) Compensation

(1) Members of the Advisory Committee -

(A) shall each receive compensation at a rate of not to exceed

the daily equivalent of the annual rate of basic pay payable for

positions at GS-15 of the General Schedule under section 5332 of

title 5 for each day such member is engaged in the actual

performance of the duties of the Advisory Committee; and

(B) shall be allowed travel expenses, including per diem in

lieu of subsistence at rates authorized for employees of agencies

under subchapter I of chapter 57 of title 5, while away from

their homes or regular places of business in the performance of

services of the Advisory Committee.

(2) The Secretary of State is authorized to provide for necessary

secretarial and staff assistance for the Advisory Committee.

(3) The Federal Advisory Committee Act shall not apply to the

Advisory Committee to the extent that the provisions of this

chapter are inconsistent with that Act.

-SOURCE-

(Aug. 1, 1956, ch. 841, title IV, Sec. 406, as added Pub. L.

102-138, title I, Sec. 198(a), Oct. 28, 1991, 105 Stat. 688.)

-REFTEXT-

REFERENCES IN TEXT

The Federal Advisory Committee Act, referred to in subsec.

(f)(3), is Pub. L. 92-463, Oct. 6, 1972, 86 Stat. 770, as amended,

which is set out in the Appendix to Title 5, Government

Organization and Employees.

-MISC1-

TERMINATION OF PREVIOUS ADVISORY COMMITTEE ON HISTORICAL DIPLOMATIC

DOCUMENTATION

Section 198(b) of Pub. L. 102-138 provided that: "The Advisory

Committee on Historical Documentation for the Department of State

established before the date of enactment of this Act [Oct. 28,

1991] shall terminate on such date."

-End-

-CITE-

22 USC Sec. 4357 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 53B - FOREIGN RELATIONS OF THE UNITED STATES HISTORICAL

SERIES

-HEAD-

Sec. 4357. Definitions

-STATUTE-

For purposes of this chapter -

(1) the term "Advisory Committee" means the Advisory Committee

on Historical Diplomatic Documentation for the Department of

State;

(2) the term "Historian" means the Historian of the Department

of State or any successor officer of the Department of State

responsible for carrying out the functions of the Office of the

Historian, Bureau of Public Affairs, of the Department of State,

as in effect on October 28, 1991;

(3) the term "originating agency" means, with respect to a

record, the department, agency, or entity of the United States

(or any officer or employee thereof of acting in his official

capacity) that originates, develops, publishes, issues, or

otherwise prepares that record or receives that record from

outside the United States Government; and

(4) the term "record" includes any written material (including

any document, memorandum, correspondence, statistical data, book,

or other papers), map, photograph, machine readable material, or

other documentary material, regardless of physical form or

characteristics, made or received by an agency of the United

States Government under Federal law or in connection with the

transaction of public business and preserved or appropriate for

preservation by that agency or its legitimate successor as

evidence of the organization, functions, policies, decisions,

procedures, operations, or other activities of the Government or

because of the informational value in them, and such term does

not include library or museum material made or acquired and

preserved solely for reference or exhibition purposes, any extra

copy of a document preserved only for convenience of reference,

or any stocks of publications or of processed documents.

-SOURCE-

(Aug. 1, 1956, ch. 841, title IV, Sec. 407, as added Pub. L.

102-138, title I, Sec. 198(a), Oct. 28, 1991, 105 Stat. 690.)

-TRANS-

AUTHORITY OF SECRETARY OF STATE

Except as otherwise provided, Secretary of State to have and

exercise any authority vested by law in any official or office of

Department of State and references to such officials or offices

deemed to refer to Secretary of State or Department of State, as

appropriate, see section 2651a of this title and section 161(d) of

Pub. L. 103-236, set out as a note under section 2651a of this

title.

-End-