§ 4353. — Procedures for identifying records for FRUS series; declassification, revisions, and summaries.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 22USC4353]
TITLE 22--FOREIGN RELATIONS AND INTERCOURSE
CHAPTER 53B--FOREIGN RELATIONS OF THE UNITED STATES HISTORICAL SERIES
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 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.
(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.)
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.
Section Referred to in Other Sections
This section is referred to in sections 4352, 4355 of this title.
