22 U.S.C. § 4356: Advisory Committee

Summary

Creates a permanent advisory committee for the State Department to help with historical diplomatic records. The Office of the Historian runs the committee. It has 9 members and an executive secretary; the Historian is the executive secretary. The Secretary of State picks members from historians, political scientists, archivists, international lawyers, and other social scientists who have done strong research on U.S. foreign relations. Six members must come from lists sent by six professional groups (one pick from each list). If a group misses the deadline, the Secretary may pick someone from the other lists. Members serve three-year terms, but the first nine are staggered so three serve 1 year, three serve 2 years, and three serve 3 years. Terms start on September 1. Vacancies are filled the same way and replacements finish the term. Members may stay until a successor is named and may be reappointed. The committee picks a chair each year. A majority is needed for a quorum. The committee meets at least quarterly. Members get required security clearances and are treated as having a “need to know” for classified records. Members may be paid up to the daily equivalent of the GS‑15 pay rate (5 U.S.C. 5332) for days they work and can get travel pay and per diem at federal rates. The Secretary of State can provide staff help. Chapter 10 of title 5 does not apply where it conflicts with these rules.

Title 22, §4356

Foreign Relations and Intercourse, Source: USLM XML via OLRC

(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)Chapter 10 of title 5 shall not apply to the Advisory Committee to the extent that the provisions of this chapter are inconsistent with that chapter.

Notes & Related Subsidiaries

Editorial Notes

Amendments

2022—Subsec. (f)(3). Pub. L. 117–286 substituted “Chapter 10 of title 5 shall not apply to the Advisory Committee to the extent that the provisions of this chapter are inconsistent with that chapter.” for “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.”

Statutory Notes and Related Subsidiaries

Termination of Previous Advisory Committee on Historical Diplomatic Documentation Pub. L. 102–138, title I, § 198(b), Oct. 28, 1991, 105 Stat. 691, 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.”

§4356 Advisory Committee