Text: H.R.5954 — 101st Congress (1989-1990)All Information (Except Text)

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HR 5954 IH
101st CONGRESS
2d Session
 H. R. 5954
To provide for publication of a thorough, accurate, and reliable documentary
record of major United States foreign policy activities through the `Foreign
Relations of the United States' historical series of the Department of State.
IN THE HOUSE OF REPRESENTATIVES
October 26, 1990
Mr. SOLARZ (for himself, Mr. HAMILTON, Mr. DYMALLY, and Mr. PRICE) introduced
the following bill; which was referred to the Committee on Foreign Affairs
A BILL
To provide for publication of a thorough, accurate, and reliable documentary
record of major United States foreign policy activities through the `Foreign
Relations of the United States' historical series of the Department of State.
  Be it enacted by the Senate and House of Representatives of the United
  States of America in Congress assembled,
SECTION 1. THE `FOREIGN RELATIONS OF THE UNITED STATES' HISTORICAL SERIES.
  (a) AMENDMENT TO 1956 ACT- The State Department Basic Authorities Act of
  1956 is amended--
  (1) by redesignating section 48 as section 49; and
  (2) by inserting after section 47 the following:
`SEC. 48. THE `FOREIGN RELATIONS OF THE UNITED STATES' HISTORICAL SERIES.
  `(a) CONTENTS OF THE PUBLICATION- (1) The `Foreign Relations of the
  United States' historical series shall constitute 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 documents needed to provide a comprehensive
  record of the major foreign policy decisions and actions of the United
  States Government, together with appropriate materials concerning the facts
  which contributed to the formulation of policies, as well as memoranda and
  other documents providing supporting and alternative views to the policy
  position ultimately adopted.
  `(2) Basic responsibility for the preparation of the `Foreign Relations of
  the United States' historical series shall reside with the Office of the
  Historian of the Department of State. Other departments, agencies, and
  other entities of the United States Government shall cooperate with the
  Office of the Historian and the Advisory Committee (which is established
  by subsection (c)) by providing full and complete access to the documents
  and other materials pertinent to the record of United States foreign policy
  decisions and actions and copies of selected documents and materials.
  `(3) A department, agency, or other entity of the United States Government
  shall be deemed to have met the requirement under paragraph (2) to provide
  access to, and copies of, documents and other materials if the department,
  agency, or other entity followed the procedures described in paragraphs
  (1) through (3) of subsection (b). Notwithstanding any other provision
  of this section, the requirement for the National Archives and Records
  Administration to provide access to, and copies of, documents and other
  materials to the Department of State for the `Foreign Relations of the
  United States' historical 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.
  `(4) The editing of the record for preparation of the `Foreign Relations of
  the United States' historical series shall be guided by the principles of
  historical objectivity and accuracy. Documentary texts 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 importance in reaching a decision, and nothing shall be
  omitted for the purpose of concealing a defect of policy.
  `(b) PROCEDURES FOR IDENTIFYING DOCUMENTS FOR `FOREIGN RELATIONS OF THE
  UNITED STATES' HISTORICAL SERIES; DECLASSIFICATION, REVISIONS, AND SUMMARIES-
  (1) Not later than March 1, 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) to coordinate with the State Department's Office of the Historian
  in selecting documents and other materials for possible inclusion in the
  `Foreign Relations of the United States' historical series.  In effecting
  this coordination and selection of documents and other materials, such
  procedures shall permit full access to the original, unrevised records by
  such properly cleared individuals from the State Department's Office of
  the Historian as have been designated by the Secretary of State as liaison
  to that department, agency, or other entity, for purposes of this section,
  and by members of the Advisory Committee.
  `(2) The Advisory Committee shall review and make recommendations concerning
  the selection of documents to be included in the `Foreign Relations of
  the United States' historical series.
  `(3)(A) Subject to subparagraph (D), documents selected for inclusion
  in the `Foreign Relations of the United States' historical series shall
  be submitted for declassification review in accordance with originating
  agency procedures for such review, and such declassification review shall
  be completed by the originating agency within 60 days after such documents
  are submitted for review, except that if the originating agency determines
  that any such document is not declassifiable because of a continuing
  need to protect sources and methods or other sensitive national security
  information, the originating agency shall attempt to make such deletions
  in the text as will make the document declassifiable.
  `(B) If the Advisory Committee determines that the meaning of a document
  is so altered or changed by deletions made under subparagraph (A) that the
  `Foreign Relations of the United States' historical series in that condition
  would be misleading or lead to an inaccurate or incomplete historical
  record, then the originating agency shall prepare an unclassified summary
  of the document.
  `(C) In all instances where deletions have been made in the original
  text of a document or where an unclassified summary has been prepared,
  the Advisory Committee shall have full and complete access to the original
  text of such documents.
  `(D) If the originating agency refuses to prepare a declassified, revised
  document or to prepare an unclassified summary, or if the Advisory Committee
  does not agree with the deletions made in the document or with the accuracy
  of the summary, then the Advisory Committee shall submit to the Committee
  on Foreign Relations of the Senate and the Committee on Foreign Affairs
  of the House of Representatives  a report setting forth the refusal of
  the agency or the disagreement by the Advisory Committee, as the case may
  be. The Advisory Committee shall furnish to the originating agency a copy
  of the report submitted to the congressional committees. Within 7 days
  after receiving a copy of the Advisory Committee's report, the originating
  agency shall furnish to the Committee on Foreign Relations of the Senate
  and the Committee on Foreign Affairs of the House of Representatives an
  explanation of its reasons for refusing to declassify the document or to
  declassify it with deletions that are acceptable to the Advisory Committee
  or for failing to provide an unclassified summary that is acceptable to
  the Advisory Committee.
  `(4) The Advisory Committee may, by affirmative vote of a majority of
  its members present, approve, at a meeting called for such purpose, the
  withholding of a document or a portion of a document from publication in
  the `Foreign Relations of the United States' historical series if such
  withholding is necessary--
  `(A) to avoid publication of matters which would demonstrably impede
  current diplomatic negotiations or other ongoing official activities of
  the United States Government; or
  `(B) to condense the record and avoid repetition of needless details.
  `(c) ADVISORY COMMITTEE- (1) There is established on a permanent basis the
  Advisory Committee on the Foreign Relations of the United States Historical
  Series for the Department of State (in this section referred to as the
  `Advisory Committee'). The activities of the Advisory Committee shall be
  coordinated by the Office of the Historian of the Department of State,
  with the Department's Historian serving as the Executive Secretary of the
  Advisory Committee.
  `(2)(A) The Advisory Committee shall consist of not less than 9 members
  appointed by the Secretary of State (acting on the advice of the Assistant
  Secretary of State for Public Affairs), who shall be individuals who are
  distinguished historians, political scientists, archivists, or international
  lawyers.
  `(B) Not more than 2 members of the Advisory Committee may be officers or
  employees of the United States Government.
  `(C)(i) Except as provided in clause (i), at least one member of the
  Advisory Committee shall be an individual selected from among individuals
  recommended to the Secretary by each of the following organizations: The
  American Historical Association, the Organization of American Historians, the
  American Political Science Association, the Society of American Archivists,
  the American Society of International Law, and the Society for Historians
  of American Foreign Relations.
  `(ii) If an organization specified in clause (i) does not submit a list
  of recommended individuals in a timely fashion or recommends less than
  two individuals who meet the qualifications for membership on the Advisory
  Committee, the Secretary of State may appoint as a member of the Advisory
  Committee an individual recommended on a list submitted by any other
  such organization.
  `(iii) The Advisory Committee, with the concurrence of the Secretary of
  State, shall establish procedures for submission by the organizations
  specified in clause (i) of lists of recommended individuals pursuant to
  this subparagraph.
  `(D) All members of the Advisory Committee shall be individuals who have
  qualified for and received necessary security clearances based upon standard
  procedures for granting such clearances.
  `(3) Each member of the Advisory Committee shall be appointed to serve a
  term of 3 years, except that of the members first appointed--
  `(A) 3 shall be appointed to serve for a term of 1 year; and
  `(B) 3 shall be appointed to serve for a term of 2 years.
Any vacancy in the membership of the Advisory Committee shall be filled in
the same manner as the original appointment and an individual appointed to
fill a vacancy shall be appointed to serve for the remainder of the term. A
member may be reappointed upon expiration of his or her term.
  `(4) The Advisory Committee shall select a chairperson for a term of 1
  year. A chairperson may be reelected upon expiration of his or her term
  as chairperson.
  `(5) 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.
  `(6)(A) Members of the Advisory Committee--
  `(i) except as provided in subparagraph (B), shall each receive compensation
  at a rate of not to exceed the daily equivalent of the annual rate of
  basic pay payable for grade GS-18 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
  `(ii) 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 for
  the Advisory Committee.
  `(B) Any member of the Advisory Committee who is an officer or employee of
  the United States Government shall not be paid compensation for services
  performed as a member of the Advisory Committee.
  `(C) The Secretary of State is authorized to provide for necessary
  secretarial and staff assistance for the Advisory Committee.
  `(7) The Federal Advisory Committee Act shall not apply to the Advisory
  Committee to the extent that the provisions of this section are inconsistent
  with that Act.
  `(d) PUBLICATION DATES FOR DOCUMENTS- The Secretary of State shall ensure
  that the `Foreign Relations of the United States' historical series is
  published not more than 30 years after the events documented.
  `(e) AUTOMATIC DECLASSIFICATION- (1) All documents of the Department of
  State shall be automatically declassified 30 years after the document was
  prepared and shall be made available to the public at the National Archives
  unless such documents--
  `(A) would compromise weapons technology important to the national defense
  of the United States or provide access by other nations to sensitive
  weapon's design information relating to the United States or foreign
  military equipment or relating to United States cryptologic systems or codes;
  `(B) would disclose the names of living persons who provided confidential
  information to the United States, where disclosure of such names would
  result in harm to such persons; or
  `(C) would demonstrably impede current diplomatic negotiations or other
  ongoing official activities of the United States Government.
  `(2) The Advisory Committee shall review the State Department's
  declassification procedures, the guidelines used in declassification, and,
  by random sampling, documents representative of all Department of State
  documents in the custody of the Department of State that remain classified
  after 30 years. The Advisory Committee shall report their findings annually
  to the Information Security Oversight Office, the Committee on Foreign
  Relations of the Senate, and the Committee on Foreign Affairs of the House
  of Representatives.
  `(f) DEFINITION- For purposes of this section, the term `originating agency'
  means, with respect to a document, the department, agency, or other entity
  of the United States Government (or any officer or employee thereof acting
  in his official capacity) that publishes, issues, or otherwise prepares
  that document.'.
  (b) EFFECTIVE DATES- (1) In order to come into compliance with subsection
  (d) of section 48 of that Act, as added by this section, the Secretary of
  State shall ensure that, by the end of the 3-year period beginning on the
  date of enactment of this Act, all volumes of the `Foreign Relations of
  the United States' historical series for the years that are more than 30
  years before the end of that 3-year period have been published.
  (2) Subsection (e)(1) of section 48 of that Act, as added by this section,
  takes effect one year after the date of enactment of this Act.