§4353 — Title 22 Foreign Relations and Intercourse | U.S. Code

Summary

Each U.S. department, agency, or other foreign-policy body must, within 180 days after October 28, 1991, make rules for its history office (or a person who fills that role). Those rules must let the office work with the State Department’s Office of the Historian to pick documents for the FRUS series. The office must let the State Historian’s named liaisons and members of the Advisory Committee see the original, unedited records if they have the proper security clearances. The Historian can also ask to see other records not chosen for FRUS so those same people can check that the chosen documents truly show how policy was made. When the Historian picks records for FRUS, the agency that made each record must do a declassification review and finish it within 120 days. If parts must be removed to protect intelligence sources, the agency should cut only what is needed. If the Historian thinks the redactions change the meaning, the two must try to resolve it and the agency must reply in writing within 60 days. The Historian must tell the Advisory Committee about any missed 120-day reviews or disputes. If the Advisory Committee thinks redactions would mislead readers, it will tell the Secretary of State and give fixes. The Committee may see original texts that were redacted, unless an agency head denies access in writing and explains why; the Historian must give the Committee a list of such records. Any redaction or removal must be noted in the FRUS volume.

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.

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.

§4353 Procedures for Identifying Records for Frus Series; Declassification, Revisions, and Summaries

Summary

Title 22, §4353

Notes & Related Subsidiaries

Statutory Notes and Related Subsidiaries

Citations & Metadata