US (United States) Code. Title 22. Chapter 53B: Foreign relations of the US (United States) historical series
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22 USC CHAPTER 53B - FOREIGN RELATIONS OF THE UNITED
STATES HISTORICAL SERIES 01/06/03
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TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
CHAPTER 53B - FOREIGN RELATIONS OF THE UNITED STATES HISTORICAL
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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
(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.
22 USC Sec. 4351 01/06/03
Sec. 4351. General authority and contents of publication
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(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.
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(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.)
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."
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SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 4354 of this title.
Sec. 4352. Responsibility for preparation of FRUS series
(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.
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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
Sec. 4353. Procedures for identifying records for FRUS series;
declassification, revisions, and summaries
(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
(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.
This section is referred to in sections 4352, 4355 of this title.
Sec. 4354. Declassification of State Department records
(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
(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
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;
(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
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.)
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;
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."
Sec. 4355. Relationship to Privacy Act and Freedom of Information
(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.
Sec. 4356. Advisory Committee
(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
(2) The Advisory Committee shall be composed of 9 members and an
executive secretary. The Historian shall serve as executive
(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
(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
(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.
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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.
TERMINATION OF PREVIOUS ADVISORY COMMITTEE ON HISTORICAL DIPLOMATIC
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."
Sec. 4357. Definitions
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.
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