22 U.S. Code § 4354 - Declassification of State Department records
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(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.
(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
(1) The Advisory Committee shall review—
(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
(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 the Committee on International Relations of the House of Representatives on the compliance of the Department of State with the provisions of this chapter, including—
(B) the degree to which the Department is not in compliance with the deadline set forth in section 4351 (c) of this title; and
Source(Aug. 1, 1956, ch. 841, title IV, § 404, as added Pub. L. 102–138, title I, § 198(a),Oct. 28, 1991, 105 Stat. 687; amended Pub. L. 107–228, div. A, title II, § 205,Sept. 30, 2002, 116 Stat. 1363.)
2002—Subsec. (d). Pub. L. 107–228, § 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, § 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.”
Change of Name
Committee on International Relations of House of Representatives changed to Committee on Foreign Affairs of House of Representatives by House Resolution No. 6, One Hundred Tenth Congress, Jan. 5, 2007.
Compliance With Declassification of State Department Records; Notification to Congressional Committees on Inability To Comply; Final Deadline
Pub. L. 102–138, title I, § 198(c)(1),Oct. 28, 1991, 105 Stat. 691, 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.”
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