-CITE-
    22 USC CHAPTER 53B - FOREIGN RELATIONS OF THE UNITED
           STATES HISTORICAL SERIES                        01/03/2007

-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.        
    4352.       Responsibility for preparation of FRUS series.        
    4353.       Procedures for identifying records for FRUS series;
                 declassification, revisions, and summaries.          
    4354.       Declassification of State Department records.         
    4355.       Relationship to Privacy Act and Freedom of Information
                 Act.                                                 
    4356.       Advisory Committee.                                   
    4357.       Definitions.                                          

-End-



-CITE-
    22 USC Sec. 4351                                            01/03/2007

-EXPCITE-
    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."

-End-



-CITE-
    22 USC Sec. 4352                                            01/03/2007

-EXPCITE-
    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                                            01/03/2007

-EXPCITE-
    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.

-End-



-CITE-
    22 USC Sec. 4354                                            01/03/2007

-EXPCITE-
    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."

-End-



-CITE-
    22 USC Sec. 4355                                            01/03/2007

-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                                            01/03/2007

-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                                            01/03/2007

-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-