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H.R.1415
Foreign Relations Authorization Act, Fiscal Years 1992 and 1993
(Enrolled
Bill (Sent to President))
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`TITLE IV--FOREIGN RELATIONS OF THE UNITED STATES HISTORICAL SERIES
`SEC. 401. GENERAL AUTHORITY AND CONTENTS OF PUBLICATION.
`(a) CHARTER OF THE PUBLICATION- The Department of State shall continue
to publish the `Foreign Relations of the United States historical series'
(hereafter in this title 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.
`SEC. 402. RESPONSIBILITY FOR PREPARATION OF THE 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 title.
`(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 403,
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 403, 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 title, 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, United States Code, 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.
`SEC. 403. PROCEDURES FOR IDENTIFYING RECORDS FOR THE FRUS SERIES; DECLASSIFICATION,
REVISIONS, AND SUMMARIES.
`(a) DEVELOPMENT OF PROCEDURES- Not later than 180 days after the date
of enactment of this title, 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 title, 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.
`SEC. 404. DECLASSIFICATION OF STATE DEPARTMENT RECORDS.
`(a) DEADLINE FOR DECLASSIFICATION-
`(1) Except as provided in subsection (b), 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) 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 the date of enactment of this title, 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 30 years.
`(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) REPORTING REQUIREMENT- The Advisory Committee shall annually submit
to the Secretary of State a report setting forth its findings from the
review conducted under subsection (c).
`(e) REPORT TO CONGRESS- Not later than 180 days after the date of the
enactment of this title, 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.
`SEC. 405. RELATIONSHIP TO THE PRIVACY ACT AND THE FREEDOM OF INFORMATION
ACT.
`(a) PRIVACY ACT- Nothing in this title may be construed as requiring
the public disclosure of records or portions of records protected under
section 552a of title 5, United States Code (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 403,
or exempted from the declassification requirement of section 404, solely
by virtue of the application of section 552(b) of title 5, United States
Code (relating to the exemption of certain matters from freedom of information
requirements).
`(2) Records described in section 222(f) of the Immigration and Nationality
Act (relating to visa records) shall be excluded from publication in the
FRUS series under section 403 and, to the extent applicable, exempted from
the declassification requirement of section 404.
`SEC. 406. 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 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, United
States Code, 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, United States Code, 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 title are inconsistent
with that Act.
`SEC. 407. DEFINITIONS.
`For purposes of this title--
`(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 the date of enactment of this
title;
`(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.'.
(b) PREVIOUS ADVISORY COMMITTEE ON HISTORICAL DIPLOMATIC DOCUMENTATION-
The Advisory Committee on Historical Documentation for the Department of
State established before the date of enactment of this Act shall terminate
on such date.
(c) COMPLIANCE-
(1) The Secretary of State shall ensure that the requirements of section
404 of the State Department Basic Authorities Act of 1956 (as amended by
this section) are met not later than one year after the date of enactment
of this Act. 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.
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