Title 22Foreign Relations and IntercourseRelease 119-73

§4353 Procedures for identifying records for FRUS series; declassification, revisions, and summaries

Title 22 › Chapter CHAPTER 53B— - FOREIGN RELATIONS OF THE UNITED STATES HISTORICAL SERIES › § 4353

Last updated Apr 6, 2026|Official source

Summary

Departments and agencies involved in foreign policy must, within 180 days after October 28, 1991, make rules for their history office (or a named person if there is no history office). Those rules must let the agency work with the State Department’s Office of the Historian to pick records for the FRUS series. They must let people with the right security clearances, chosen by the Historian or who are on the Advisory Committee, see the original records. They must also let those people see other records not picked for FRUS if the Historian asks, so the Historian can check that the selected records show how policy decisions were really made. When the Historian picks records for FRUS, the agency that made the records must review them for declassification and finish that review within 120 days. If parts must be kept secret to protect intelligence sources or other national security needs, the agency must try to cut out only those parts. If those cuts would change the record’s meaning, the Historian and the agency must try to fix it and the agency must reply in writing within 60 days. The Historian must tell the Advisory Committee if reviews are late or if problems arise. If the Advisory Committee thinks deletions or selections would mislead the historical record, it must tell the Secretary of State and suggest fixes. The Advisory Committee must be allowed to see the unedited text of any altered record; if an agency head denies access, they must quickly write why and describe the record. The Historian must give the Committee a list of such records. Any record deleted in whole or in part must be noted in the FRUS volume.

Full Legal Text

Title 22, §4353

Foreign Relations and Intercourse — Source: USLM XML via OLRC

(a)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)(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) 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.

Legislative History

Notes & Related Subsidiaries

Statutory Notes and Related Subsidiaries

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.

Reference

Citations & Metadata

Citation

22 U.S.C. § 4353

Title 22Foreign Relations and Intercourse

Last Updated

Apr 6, 2026

Release point: 119-73