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22 U.S.C. § 4353Procedures for identifying records for FRUS series; declassification, revisions, and summaries

submitted 70 years ago by Pub. L. 102-138 to r/title-22-FOREIGN-RELATIONS-AND-INTERCOURSE · 648 words · no verdicts yet

in plain englishAI-generated · not legal advice

Federal entities must create procedures for coordinating record selection and access. Selected FRUS records undergo a 120-day declassification review, with safeguards against misleading deletions and required notices to the Advisory Committee.

(a) Within 180 days after October 28, 1991, each federal department, agency, or entity involved in foreign-policy formulation, execution, or support must create procedures for its historical office, or a designated person, to (1) coordinate with the State Historian's Office when selecting possible FRUS records; (2) give designated, properly cleared liaisons and Advisory Committee members full access to original unrevised records; and (3) let those liaisons inspect specified unselected records when the Historian requests this to confirm that the selected records accurately represent the policymaking process. (b) (1) Subject to this subsection, selected records must be sent to the originating agency for declassification review under its procedures, completed within 120 days. If sources, intelligence methods, or other sensitive national-security information still require protection, the agency must try to delete text enough to declassify the record. (2) If the Historian finds deletions would make publication misleading or historically inaccurate or incomplete, the Historian must seek a satisfactory solution. The agency must respond in writing within 60 days, agreeing or explaining its alteration or deletion. (3) The Historian must notify the Committee about reviews exceeding 120 days and steps under paragraph (2). (4) If the Committee finds deletions or document selection could mislead or produce an inaccurate or incomplete history, it must advise the Secretary and recommend a solution. (5) The Committee must have complete access to original text with deletions. An agency head denying access must promptly describe the record and reasons in writing; the Historian must give the Committee a complete list. (6) A FRUS volume must note any record deleted in whole or part by this review.
the actual law source: uscode.house.gov ↗public domain
(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) 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.

Source credit: (Aug. 1, 1956, ch. 841, title IV, § 403, as added Pub. L. 102–138, title I, § 198(a), Oct. 28, 1991, 105 Stat. 686.)

history & why it existsrecord from the source credit
  • 1956Enacted · Pub. L. 102-138 · 105 Stat. 686

A history note hasn’t been published yet. The record shows enactment by Pub. L. 102-138 on 1956-08-01.

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