(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. 405.137 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.— 137 22 U.S.C. 4355. (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. 406.138 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. 138 22 U.S.C. 4356. (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 Commit tee. (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. 407.139 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 139 22 U.S.C. 4357. 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. 2. Organization and Administration a. Foreign Service Act of 1980 Public Law 96-465 [H.R. 6790], 94 Stat. 2071, approved October 17, 1980, as amended by Executive Order 12289, February 14, 1981, 46 F.R. 12693; Public Law 97241 [Department of State Authorization Act, Fiscal Years 1982 and 1983; S. 1193], 96 Stat. 273, approved August 24, 1982; Executive Order 12446, October 17, 1983, 48 F.R. 48443; Public Law 98-164 [Department of State Authorization Act, Fiscal Years 1984 and 1985, H.R. 2915], 97 Stat. 1017, approved November 22, 1983; Public Law 99-93 [Foreign Relations Authorization Act, Fiscal Years 1986 and 1987; H.R. 2068], 99 Stat. 405, approved August 16, 1985; Public Law 99-335 [Federal Employees' Retirement System Act of 1986, H.R. 2672], 100 Stat. 514, approved June 6, 1986; Public Law 99-399 [Omnibus Diplomatic Security and Antiterrorism Act of 1986, H.R. 2151], 100 Stat. 853, approved August 27, 1986; Public Law 99-514 [Tax Reform Act of 1986, H.R. 3838], 100 Stat. 2085, approved October 22, 1986; Public Law 99-529 [Special Foreign Assistance Act of 1986, S. 1917], 100 Stat. 3610, approved October 24, 1986; Public Law 99-556 [Federal Employee's Retirement System Technical Corrections Act of 1986, H.R. 5626], 100 Stat. 3131, approved October 27, 1986; Public Law 100-204 [Foreign Relations Authorization Act for Fiscal Years 1988 and 1989, H.R. 1777], 101 Stat. 1331, approved December 22, 1987; Public Law 100-238 [Federal Employees' Retirement System, Technical Corrections; H.R. 3395], 101 Stat. 1744, approved January 8, 1988; Public Law 101-12 [Whistleblower Protection Act, S. 20], approved April 10, 1989; Public Law 101-167 [Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1990; H.R. 3743], 103 Stat. 1195, approved November 21, 1989; Public Law 101-194 [Ethics Reform Act of 1989, H.R. 3660], 103 Stat. 1716, approved November 30, 1989; Public Law 101-246 [Foreign Relations Authorization Act, Fiscal Years 1990 and 1991; H.R. 3792], 104 Stat. 15, approved February 16, 1990; Public Law 101-509 [Treasury, Postal Service and General Government Appropriations Act, 1991; H.R. 5241], 104 Stat. 1389, approved November 5, 1990; Public Law 101-513 [Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1991; H.R. 5114], 104 Stat. 1979, approved November 5, 1990; and by Public Law 102-138 [Foreign Relations Authorization Act, Fiscal Years 1992 and 1993; H.R. 1415], 105 Stat. 647, approved October 28, 1991 AN ACT To promote the foreign policy of the United States by strengthening and SECTION 1. SHORT TITLE.-This Act may be cited as the "Foreign Service Act of 1980". SEC. 2. TABLE OF CONTENTS.-The table of contents for this Act is as follows: Sec. 1. Short title Sec. 2. Table of contents TABLE OF CONTENTS TITLE I-THE FOREIGN SERVICE OF THE UNITED STATES CHAPTER 1-GENERAL PROVISIONS Sec. 101. Findings and objectives.. Sec. 102. Definitions. Page 374 374 378 380 |