President John F. Kennedy Assassination Records Collection
Act of 1992
(Public Law No. 102-526)
Section 1. Short Title
This Act may be cited as the "President John F. Kennedy
Assassination Records Collection Act of 1992."
Section 2. Findings, Declarations, and Purposes
(a) FINDINGS AND
DECLARATIONS -- The Congress finds and declares that --
(1) All government records related to the assassination of
President John F. Kennedy should be preserved for historical and governmental
purposes;
(2) all government records concerning the assassination of
President John F. Kennedy should carry a presumption of immediate disclosure,
and all records should be eventually disclosed to enable the public to become
fully informed about the history surrounding the assassination;
(3) legislation is necessary to create an enforceable,
independent, and accountable process for the public disclosure of such records;
(4) legislation is necessary because congressional records
related to the assassination of President John F. Kennedy would not otherwise
be subject to public disclosure until at least the year 2029;
(5) legislation is necessary because the Freedom of
Information Act, as implemented by the executive branch, has prevented the
timely public disclosure of records relating to the assassination of President
John F. Kennedy;
(6) legislation is necessary because Executive Order No.
12356, entitled "National Security Information" has eliminated the
declassification and downgrading schedules relating to classified information
across government and has prevented the timely public disclosure of records
relating to the assassination of President John F. Kennedy; and
(7) most of the records related to the assassination of
President John F. Kennedy are almost 30 years old, and only in the rarest cases
is there any legitimate need for continued protection of such records.
(b) PURPOSES -- The purposes of this Act are --
(1) to provide for the creation of the President John F.
Kennedy Assassination Records Collection at the National Archives and Records
Administration; and
(2) to require the expeditious public transmission to the
Archivist and public disclosure of such records.
Section 3. Definitions
In this Act:
"Archivist" means Archivist of the United
States
"Assassination record" means a record that is
related to the assassination of President John F. Kennedy, that was created or
made available for use by, obtained by, or otherwise came into the possession
of --
(A) the Commission to Investigate the Assassination of
President John F. Kennedy (the "Warren
(B) the Commission on Central Intelligence Agency Activities
Within the United States
(C) the Senate Select Committee to Study Governmental
Operations With Respect to Intelligence Activities (the "Church
Committee");
(D) the Select Committee on Intelligence (the "Pike
Committee") of the House of Representatives;
(E) the Select Committee on Assassinations (the "House
Assassinations Committee") of the House of Representatives;
(F) the Library of Congress;
(G) the National Archives and Records Administration;
(H) any Presidential library;
(I) any Executive agency;
(J) any independent agency;
(K) any other office of the Federal Government; and
(L) any State or local law enforcement office that provided
support or assistance or performed work in connection with a Federal inquiry
into the assassination of President John F. Kennedy,
but does not include the autopsy records donated by the
Kennedy family to the National Archives pursuant to a deed of gift regulating
access to those records, or copies and reproductions made from such records.
"Collection" means the President John F. Kennedy
Assassination Records Collection established under section 4.
"Executive agency" means an Executive agency as
defined in subsection 552(f) of title 5, United States Code, and includes any
Executive department, military department, Government corporation, Government
controlled corporation, or other establishment in the executive branch of the
Government, including the Executive Office of the President, or any independent
regulatory agency.
"Government office" means any office of the
Federal Government that has possession or control of assassination records,
including --
(A) the House Committee on Administration with regard to the
Select Committee on Assassinations records of the House of Representatives;
(B) the Select Committee on Intelligence of the Senate with
regard to records of the Senate Select Committee to Study Governmental
Operations with Respect to Intelligence Activities and other assassination
records;
(C) the Library of Congress;
(D) the National Archives as custodian of assassination
records that it has obtained or possesses, including the Commission to
Investigate the Assassination of President John F. Kennedy and the Commission
on Central Intelligence Agency Activities in the United States; and
(E) any other executive branch office or agency, and any
independent agency.
"Identification aid" means the written description
prepared for each record as required in section 4.
"National Archives" means the National Archives
and Records Administration and all components thereof, including Presidential
archival depositories established under section 2112 of title 44, United States
Code.
"Official investigation" means the reviews of the
assassination of President John F. Kennedy conducted by any Presidential
commission, any authorized congressional committee, and any Government agency
either independently, at the request of any Presidential commission or
congressional committee, or at the request of any Government official.
"Originating body" means the Executive agency,
government commission, congressional committee, or other governmental entity
that created a record or particular information within a record.
"Public interest" means the compelling interest in
the prompt public disclosure of assassination records for historical and
governmental purposes and for the purpose of fully informing the American
people about the history surrounding the assassination of President John F.
Kennedy.
"Record" includes a book, paper, map, photograph,
sound or video recording, machine readable material, computerized, digitized,
or electronic information, regardless of the medium on which it is stored, or
other documentary material, regardless of its physical form or characteristics.
"Review Board" means the Assassination Records
Review Board established by section 7.
"Third agency" means a Government agency that
originated an assassination record that is in the possession of another
agency.
Section 4. President John F. Kennedy Assassination Records
Collection at the National Archives
and Records Administration
(a) IN GENERAL --
(1) Not later than 60 days after the date of enactment of
this Act, the National Archives and Records Administration shall commence
establishment of a collection of records to be known as the President John F.
Kennedy Assassination Records Collection. In so doing, the Archivist shall
ensure the physical integrity and original provenance of all records. The
Collection shall consist of record copies of all Government records relating to
the assassination of President John F. Kennedy, which shall be transmitted to
the National Archives in accordance with section 2107 of title 44, United
States Code. The Archivist shall prepare and publish a subject guidebook and
index to the collection.
(2) The Collection shall include --
(A) all assassination records --
(i) that have been transmitted to the National Archives or
disclosed to
the public in an unredacted form prior to the date of
enactment of this Act;
(ii) that are required to be transmitted to the National
Archives; or
(iii) the disclosure of which is postponed under this
Act;
(B) a central directory comprised of identification aids
created for each record transmitted to the Archivist under section 5; and
(C) all Review Board records as required by this Act.
(b) DISCLOSURE OF RECORDS -- All assassination records
transmitted to the National Archives for disclosure to the public shall be
included in the Collection and shall be available to the public for inspection
and copying at the National Archives within 30 days after their transmission to
the National Archives.
(c) FEES FOR COPYING -- The Archivist shall --
(1) charge fees for copying assassination records; and
(2) grant waivers of such fees pursuant to the standards
established by section 552(a)(4) of title 5, United States Code.
(d) ADDITIONAL REQUIREMENTS -- (1) The Collection shall be
preserved, protected, archived, and made available to the public at the
National Archives using appropriations authorized, specified, and restricted
for use under the terms of this Act.
(2) The National Archives, in consultation with the
Information Security Oversight Office, shall ensure the security of the
postponed assassination records in the Collection.
Section 5. Review, Identification, Transmission to the
National Archives, and Public Disclosure
of Assassination Records by Government Offices
(a) IN GENERAL -- (1) As soon as practicable after the date
of enactment of this Act, each Government office shall identify and organize
its records relating to the assassination of President John F. Kennedy and
prepare them for transmission to the Archivist for inclusion in the
Collection.
(2) No assassination record shall be destroyed, altered, or
mutilated in any way.
(3) No assassination record made available or disclosed to
the public prior to the date of enactment of this Act may be withheld,
redacted, postponed for public disclosure, or reclassified.
(4) No assassination record created by a person or entity
outside government (excluding names or identities consistent with the
requirements of section 6) shall be withheld, redacted, postponed for public
disclosure, or reclassified.
(b) CUSTODY OF ASSASSINATION RECORDS PENDING REVIEW --
During the review by Government offices and pending review activity by the
Review Board, each Government office shall retain custody of its assassination
records for purposes of preservation, security, and efficiency, unless --
(1) the Review Board requires the physical transfer of
records for purposes of conducting an independent and impartial review;
(2) transfer is necessary for an administrative hearing or
other Review Board function; or
(3) it is a third agency record described in subsection
(c)(2)(C).
(c) REVIEW -- (1) Not later than 300 days after the
enactment of this Act, each Government office shall review, identify and
organize each assassination record in its custody or possession for disclosure
to the public, review by the Review Board, and transmission to the
Archivist.
(2) In carrying out paragraph (1), a Government office shall
--
(A) determine which of its records are assassination
records;
(B) determine which of its assassination records have been
officially disclosed or made publicly available in a complete and unredacted
form;
(C)(i) determine which of its assassination records, or particular
information contained in such a record, was created by a third agency or by
another Government office; and
(ii) transmit to a third agency or other government office
those records, or particular information contained in those records, or complete
and accurate copies thereof;
(D)(i) determine whether its assassination records or
particular information in assassination records are covered by the standards
for postponement of public disclosure under this Act; and
(ii) specify on the identification aid required by
subsection (d) the applicable postponement provision contained in section 6;
(E) organize and make available to the Review Board all
assassination records identified under subparagraph (D) the public disclosure
of which in whole or in part may be postponed under this Act;
(F) organize and make available to the Review Board any
record concerning which the office has any uncertainty as to whether the record
is an assassination record governed by this Act;
(G) give priority to the identification, review, and
transmission, under the standards for postponement set forth in this Act, of
assassination records that on the date of enactment of this Act are the subject
of litigation under section 552 of title 5, United States Code; and
(H) make available to the Review Board any additional
information and records that the Review Board has reason to believe it requires
for conducting a review under this Act.
(3) The Director of each archival depository established
under section 2112 of title 44, United States Code, shall have as a priority
the expedited review for public disclosure of assassination records in the
possession and custody of the depository, and shall make such records available
to the Review Board as required by this Act.
(d) IDENTIFICATION AIDS -- (1)(A) Not later than 45 days
after the date of enactment of this Act, the Archivist, in consultation with
the appropriate Government offices, shall prepare and make available to all
Government offices a standard form of identification or finding aid for use
with each assassination record subject to review under this Act.
(B) The Archivist shall ensure that the identification aid
program is established in such a manner as to result in the creation of a
uniform system of electronic records by Government offices that are compatible
with each other.
(2) Upon completion of an identification aid, a Government
office shall --
(A) attach a printed copy to the record it describes;
(B) transmit to the Review Board a printed copy; and
(C) attach a printed copy to each assassination record it
describes when it is transmitted to the Archivist.
(3) Assassination records which are in the possession of the
National Archives on the date of enactment of this Act, and which have been
publicly available in their entirety without redaction, shall be made available
in the Collection without any additional review by the Review Board or another
authorized office under this Act, and shall not be required to have such an
identification aid unless required by the Archivist.
(e) TRANSMISSION TO THE NATIONAL ARCHIVES -- Each Government
office shall --
(1) transmit to the Archivist, and make available to the
public no later than 300 days after the date of enactment of this Act, all
assassination records that can be publicly disclosed, including those that are
publicly available on the date of enactment of this Act, without any redaction,
adjustment, or withholding under the standards of this Act; and
(2) transmit to the Archivist upon approval for postponement
by the Review Board or upon completion of other action authorized by this Act,
all assassination records the public disclosure of which has been postponed, in
whole or in part, under the standards of this Act, to become part of the
protected Collection.
(f) CUSTODY OF POSTPONED ASSASSINATION RECORDS -- An
assassination record the public disclosure of which has been postponed shall,
pending transmission to the Archivist, be held for reasons of security and
preservation by the originating body until such time as the information
security program has been established at the National Archives as required in
section 4(c)(2).
(g) PERIODIC REVIEW OF POSTPONED ASSASSINATION RECORDS --
(1) All postponed or redacted records shall be reviewed periodically by the
originating agency and the Archivist consistent with the recommendations of the
Review Board under section 9(c)(3)(B).
(2)(A) A periodic review shall address the public disclosure
of additional assassination records in the Collection under the standards of
this Act.
(B) All postponed assassination records determined to
require continued postponement shall require an unclassified written
description of the reason for such continued postponement. Such description
shall be provided to the Archivist and published in the Federal Register upon
determination.
(C) The periodic review of postponed assassination records
shall serve to downgrade and declassify security classified information.
(D) Each assassination record shall be publicly disclosed in
full, and available in the Collection no later than the date that is 25 years
after the date of enactment of
enactment of this Act, unless the President certifies, as
required by this Act, that --
(i) continued postponement is made necessary by an
identifiable harm to military defense, intelligence operations, or conduct of
foreign relations; and
(ii) the identifiable harm is of such gravity that it
outweighs the public interest in disclosure.
(h) FEES FOR COPYING -- Executive branch agencies shall
--
(1) charge fees for copying assassination records; and
(2) grant waivers of such fees pursuant to the standards
established by section 552(a)(4) of title 5, United States Code.
Section 6. Grounds for Postponement of Public Disclosure of
Records
Disclosure of assassination records or particular
information in assassination records to the public may be postponed subject to
the limitations of this Act if there is clear and convincing evidence that
--
(1) the threat to the military defense, intelligence
operations, or conduct of foreign relations of the United States posed by the
public disclosure of the assassination is of such gravity that it outweighs the
public interest, and such public disclosure would reveal --
(A) an intelligence agent whose identity currently requires
protection;
(B) an intelligence source or method which is currently
utilized, or reasonably expected to be utilized, by the United States
Government and which has not been officially disclosed, the disclosure of which
would interfere with the conduct of intelligence activities; or
(C) any other matter currently relating to the military
defense, intelligence operations or conduct of foreign relations of the United
States, the disclosure of which would demonstrably impair the national security
of the United States;
(2) the public disclosure of the assassination record would
reveal the name or identity of a living person who provided confidential
information to the United States
(3) the public disclosure of the assassination record could
reasonably be expected to constitute an unwarranted invasion of personal
privacy, and that invasion of privacy is so
substantial that it outweighs the public interest;
(4) the public disclosure of the assassination record would
compromise the existence of an understanding of confidentiality currently
requiring protection between a Government agent and a cooperating individual or
a foreign government, and public disclosure would be so harmful that it
outweighs the public interest; or
(5) the public disclosure of the assassination record would
reveal a security or protective procedure currently utilized, or reasonably
expected to be utilized, by the Secret Service or another Government agency
responsible for protecting Government officials, and public disclosure would be
so harmful that it outweighs the public interest.
Section 7. Establishment and Powers of the Assassination
Records Review Board
(a) ESTABLISHMENT -- There is established as an independent
agency a board to be known as the Assassination Records Review Board.
(b) APPOINTMENT -- (1) The President, by and with the advice
and consent of the Senate, shall appoint, without regard to political
affiliation, 5 citizens to serve as members of the Review Board to ensure and
facilitate the review, transmission to the Archivist, and public disclosure of
government records related to the assassination of President John F.
Kennedy.
(2) The President shall make nominations to the Review Board
not later than 30 calendar days after the date of enactment of this Act.
(3) If the Senate votes not to confirm a nomination to the
Review Board, the President shall make an additional nomination not later than
30 days thereafter.
(4)(A) The President shall make nominations to the Review
Board after considering persons recommended by the American Historical
Association, the Organization of American Historians, the Society of American
Archivists, and the American Bar Association.
(B) If an organization described in subparagraph (A) does
not recommend at least 2 nominees meeting the qualifications stated in
paragraph (5) by the date that is 45 days after the date of enactment of this
Act, the President shall consider for nomination the persons recommended by the
other organizations described in subparagraph (A).
(C) The President may request an organization described in
subparagraph (A) to submit additional nominations.
(5) Persons nominated to the Review Board --
(A) shall be impartial private citizens, none of whom is
presently employed by any branch of the Government, and none of whom shall have
had any previous involvement with any official investigation or inquiry
conducted by a Federal, State, or local government, relating to the
assassination of President John F. Kennedy.
(B) shall be distinguished persons of high national
professional reputation in their respective fields who are capable of
exercising the independent and objective judgment necessary to the fulfillment
of their role in ensuring and facilitating the review, transmission to the
public, and public disclosure of President John F. Kennedy and who possess an
appreciation of the value of such material to the public, scholars, and
government; and
(C) shall include at least 1 professional historian and 1
attorney.
(e) SECURITY CLEARANCES -- (1) All Review Board nominees
shall be granted the necessary security clearances in an accelerated manner
subject to the standard procedures for granting such clearances.
(2) All nominees shall qualify for the necessary clearance
prior to being considered for confirmation by the Committee on Governmental
Affairs of the Senate.
(d) CONFIRMATION HEARINGS -- (1) The Committee on
Governmental Affairs of the Senate shall hold confirmation hearings within 30
days in which the Senate is in session after the nomination of 3 Review Board
members.
(2) The Committee on Governmental Affairs shall vote on the
nominations within 14 days in which the Senate is in session after the
confirmation hearings, and shall report its results to the full Senate
immediately.
(3) The Senate shall vote on each nominee to confirm or
reject within 14 days in which the Senate is in session after receiving the
report from the Committee on Governmental Affairs.
(e) VACANCY -- A vacancy on the Review Board shall be filled
in the same manner as specified for original appointment within 30 days of the
occurrence of the vacancy.
(f) CHAIRPERSON -- The Members of the Review Board shall
elect one of its members as chairperson at its initial meeting.
(g) REMOVAL OF REVIEW BOARD MEMBER -- (1) No member of the
Review Board shall be removed from office, other than --
(A) by impeachment and conviction; or
(B) by the action of the President for inefficiency, neglect
of duty, malfeasance in office, physical disability, mental incapacity, or any
other condition that substantially impairs the performance of the member's
duties.
(2)(A) If a member of the Review Board is removed from
office, and that removal is by the President, not later than 10 days after the
removal the President shall submit to the Committee on Government Operations of
the House of Representatives and the Committee on Governmental Affairs of the
Senate a report specifying the facts found and the grounds for the
removal.
(B) The President shall publish in the Federal Register a
report submitted under paragraph (2)(A), except that the President may, if
necessary to protect the rights of a person named in the report or to prevent
undue interference with any pending prosecution, postpone or refrain from
publishing any or all of the report until the completion of such pending cases
or pursuant to privacy protection requirements in law.
(3)(A) A member of the Review Board removed from office may
obtain judicial review of the removal in a civil action commenced in the United
States District Court for the District of Columbia.
(B) The member may be reinstated or granted other
appropriate relief by order of the court.
(h) COMPENSATION OF MEMBERS -- (1) A member of the Review
Board shall be compensated at a rate equal to the daily equivalent of the
annual rate of basic pay prescribed for level IV of the Executive Schedule
under section 5315 of title 5, United States Code, for each day (including
travel time) during which the member is engaged in the performance of the
duties of the Review Board.
(2) A member of the Review Board shall be allowed reasonable
travel expenses, including per diem in lieu of subsistence, at rates for
employees of agencies under subchapter I of chapter 57 of title 5, United States
Code, while away from the member's home or regular place of business in the
performance of services for the Review Board.
(i) DUTIES OF THE REVIEW BOARD -- (1) The Review Board shall
consider and render decisions on a determination by a Government office to seek
to postpone the disclosure of assassination records.
(2) In carrying out paragraph (1), the Review Board shall
consider and render
decisions --
(A) whether a record constitutes an assassination record;
and
(B) whether an assassination record or particular
information in a record qualifies for postponement of disclosure under this
Act.
(j) POWERS -- (1) The Review Board shall have the authority
to act in a manner prescribed under this Act including authority to --
(A) direct Government offices to create identification aids
and organize assassination records;
(B) direct Government offices to transmit to the Archivist
assassination records as required under this Act, including segregable portions
of assassination records, and substitutes and summaries of assassination
records that can be publicly disclosed to the fullest extent;
(C)(i) obtain access to assassination records that have been
identified and organized by a Government office;
(ii) direct a Government office to make available to the
Review Board, and if necessary investigate the facts surrounding, additional
information, records, or testimony from individuals, which the Review Board has
reason to believe is required to fulfill its functions and responsibilities
under this Act; and
(iii) subpoena private persons to compel testimony, records,
and other information relevant to its responsibilities under this Act;
(D) require any Government office to account in writing for
the destruction of any records relating to the assassination of President John
F. Kennedy;
(E) receive information from the public regarding the
identification and public disclosure of assassination records; and
(F) hold hearings, administer oaths, and subpoena witnesses
and documents.
(2) A subpoena issued under paragraph (1)(C)(iii) may be
enforced by any appropriate Federal court acting pursuant to a lawful request
of the Review Board.
(k) WITNESS IMMUNITY -- The Review Board shall be considered
to be an agency of the United States
(l) OVERSIGHT -- (1) The Committee on Government Operations
of the House of Representatives and the Committee on Governmental Affairs of
the Senate shall have continuing oversight jurisdiction with respect to the
official conduct of the Review Board and the disposition of postponed records
after termination of the Review Board; and shall have access to any records
held or created by the Review Board.
(2) The Review Board shall have the duty to cooperate with
the exercise of such oversight jurisdiction.
(m) SUPPORT SERVICES -- The Administrator of the General
Services Administration shall provide administrative services for the Review
Board on a reimbursable basis.
(n) INTERPRETIVE REGULATIONS -- The Review Board may issue
interpretive regulations.
(o) TERMINATION AND
WINDING UP -- (1) The Review Board and the terms of its members shall terminate
not later than 2 years after the date of enactment of this Act, except that the
Review Board may, by majority vote, extend its term for an additional 1-year
period if it has not completed its work within that 2-year period.
(2) Upon its termination, the Review Board shall submit
reports to the President and the Congress, including a complete and accurate
accounting of expenditures during its existence, and shall complete all other
reporting requirements under this Act.
(3) Upon termination and winding up, the Review Board shall
transfer all of its records to the Archivist for inclusion in the Collection,
and no record of the Review Board shall be destroyed.
Section 8. Assassination Records Review Board
Personnel
(a) EXECUTIVE DIRECTOR -- (1) Not later than 45 days after
the initial meeting of the Review Board, the Review Board shall appoint one
citizen, without regard to political affiliation, to the position of Executive
Director.
(2) The person appointed as Executive Director shall be a
private citizen of integrity and impartiality who is a distinguished
professional and who is not a present employee of any branch of the Government
and has had no previous involvement with any official investigation or inquiry
relating to the assassination of President John F. Kennedy.
(3)(A) A candidate for Executive Director shall be granted
the necessary security clearances in an accelerated manner subject to the
standard procedures for granting such clearances.
(B) A candidate shall qualify for the necessary security
clearance prior to being
approved by the Review Board.
(4) The Executive Director shall --
(A) serve as principal liaison to Government offices;
(B) be responsible for the administration and coordination
of the Review Board's review of records;
(C) be responsible for the administration of all official
activities conducted by the Review Board; and
(D) have no authority to decide or determine whether any
record should be disclosed to the public or postponed for disclosure.
(5) The Executive Director shall not be removed for reasons
other than by a majority vote of the Review Board for cause on the grounds of
inefficiency, neglect of duty, malfeasance in office, physical disability,
mental incapacity, or any other condition that substantially impairs the
performance of the responsibilities of the Executive Director or the staff of
the Review Board.
(b) STAFF -- (1) The Review Board may, in accordance with
the civil service laws but without regard to civil service law and regulation
for competitive service as defined in subchapter 1, chapter 33 of title 5,
United States Code, appoint and terminate additional personnel as are necessary
to enable the Review Board and its Executive Director to perform its
duties.
(2) A person appointed to the staff of the Review Board
shall be a private citizen of integrity and impartiality who is not a present
employee of any branch of the Government and who has had no previous
involvement with any official investigation or inquiry relating to the
assassination of President John F. Kennedy.
(3)(A) A candidate for staff shall be granted the necessary
security clearances in an accelerated manner subject to the standard procedures
for granting such clearances.
(B) A candidate for the staff shall qualify for the
necessary security clearance
prior to being approved by the Review Board.
(c) COMPENSATION -- The Review Board shall fix the compensation
of the Executive Director and other personnel in accordance with title 5,
United States Code, except that the rate of pay for the Executive Director and
other personnel may not exceed the rate payable for level V of the Executive
Schedule under section 5316 of that title.
(d) ADVISORY COMMITTEES -- (1) The Review Board shall have
the authority to create advisory committees to assist in fulfilling the
responsibilities of the Review Board under this Act.
(2) Any advisory committee created by the Review Board shall
be subject to the Federal Advisory Committee Act (5 U.S.C. App.).
Section 9. Review of Records by the Assassination Records
Review Board
(a) CUSTODY OF RECORDS REVIEWED BY BOARD -- Pending the
outcome of the Review Board's review activity, a Government office shall retain
custody of its assassination records for purposes of preservation, security,
and efficiency, unless --
(1) the Review Board requires the physical transfer of
records for reasons of conducting an independent and impartial review; or
(2) such transfer is necessary for an administrative hearing
or other official Review Board function.
(b) STARTUP REQUIREMENTS -- The Review Board shall --
(1) not later than 90 days after the date of its
appointment, publish a schedule for review of all assassination records in the
Federal Register; and
(2) not later than 180 days after the date of enactment of
this Act, begin its review of assassination records under this Act.
(c) DETERMINATION OF THE REVIEW BOARD -- (1) The Review Board
shall direct that all assassination records be transmitted to the Archivist and
disclosed to the public in the Collection in the absence of clear and
convincing evidence that --
(A) a Government record is not an assassination record; or
(B) a Government record or particular information within an
assassination record qualifies for postponement of public disclosure under this
Act.
(2) In approving postponement of public disclosure of an
assassination record, the Review Board shall seek to --
(A) provide for the disclosure of segregable parts,
substitutes, or summaries of such a record; and
(B) determine, in consultation with the originating body and
consistent with the standards for postponement under this Act, which of the
following alternative forms of disclosure shall be made by the originating
body:
(i) Any reasonably segregable particular information in an
assassination record.
(ii) A substitute record for that information which is
postponed.
(iii) A summary of an assassination record.
(3) With respect to each assassination record or particular
information in assassination records the public disclosure of which is
postponed pursuant to section 6, or for which only substitutions or summaries
have been disclosed to the public, the Review Board shall create and transmit
to the Archivist a report containing --
(A) a description of actions by the Review Board, the
originating body, the President, or any Government office (including a
justification of any such action to postpone disclosure of any record or part
of any record) and of any official proceedings conducted by the Review Board
with regard to specific assassination records; and
(B) a statement, based on a review of the proceedings and in
conformity with the decisions reflected therein, designating a recommended
specified time at which or a specified occurrence following which the material
may be appropriately disclosed to the public under this Act.
(4)(A) Following its review and a determination that an
assassination record shall be publicly disclosed in the Collection or postponed
for disclosure and held in the protected Collection, the Review Board shall
notify the head of the originating body of its determination and publish a copy
of the determination in the Federal Register within 14 days after the
determination is made.
(B) Contemporaneous notice shall be made to the President
for Review Board determinations regarding executive branch assassination
records, and to the oversight committees designated in this Act in the case of
legislative branch records. Such notice shall contain a written unclassified
justification for public disclosure or postponement of disclosure, including an
explanation of the application of any standards in section 6.
(d) PRESIDENTIAL AUTHORITY OVER REVIEW BOARD DETERMINATION
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(1) PUBLIC DISCLOSURE OR POSTPONEMENT OF DISCLOSURE -- After
the Review Board has made a formal determination concerning the public
disclosure or postponement of disclosure of an executive branch assassination
record or information contained in an assassination record, obtained or
developed solely within the executive branch, the President shall have the sole
and nondelegable authority to require the disclosure or postponement of such
record or information under the standards set forth in section 6, and the
President shall provide the Review Board with an unclassified written
certification specifying the President's decision within 30 days after the
Review Board's determination and notice to the executive branch agency as
required under this Act, stating the justification for the President's
decision, including the applicable grounds for postponement under section 6,
accompanied by a copy of the identification aid required under section 4.
(2) PERIODIC REVIEW -- Any executive branch assassination
record postponed by the President shall be subject to the requirements of
periodic review, downgrading and declassification of classified information,
and public disclosure in the collection set forth in section 4.
(3) RECORD OF PRESIDENTIAL POSTPONEMENT -- The Review Board
shall, upon its receipt, publish in the Federal Register a copy of any
unclassified written certification, statement, and other materials transmitted
by or on behalf of the President with regard to postponement of assassination
records.
(e) NOTICE TO PUBLIC -- Every 30 calendar days, beginning on
the date that is 60 calendar days after the date on which the Review Board
first approves the postponement of disclosure of an assassination record, the
Review Board shall publish in the Federal Register a notice that summarizes the
postponements approved by the Review Board or initiated by the President, the
House of Representatives, or the Senate, including a description of the
subject, originating agency, length or other physical description, and each
ground for postponement that is relied upon.
(f) REPORTS BY THE REVIEW BOARD -- (1) The Review Board
shall report its activities to the leadership of the Congress, the Committee on
Government Operations of the House of Representatives, the Committee on
Governmental Affairs of the Senate, the President, the Archivist, and the head
of any Government office whose records have been the subject of Review Board
activity.
(2) The first report shall be issued on the date that is 1
year after the date of enactment of this Act, and subsequent reports every 12
months thereafter until termination of the Review Board.
(3) A report under paragraph (1) shall include the following
information:
(A) A financial report of the expenses for all official
activities and requirements of the Review Board and its personnel.
(B) The progress made on review, transmission to the
Archivist, and public disclosure of assassination records.
(C) The estimated time and volume of assassination records
involved in the completion of the Review Board's performance under this Act.
(D) Any special problems, including requests and the level
of cooperation of government offices, with regard to the ability of the Review
Board to operate as required by this Act.
(E) A record of review activities, including a record of
postponement decisions by the Review Board or other related actions authorized
by this Act, and a record of the volume of records reviewed and postponed.
(F) Suggestions and requests to Congress for additional legislative
authority needs.
(G) An appendix containing copies of reports of postponed
records to the Archivist required under section 9(c)(3) made since the date of
the preceding report under this subsection.
(4) At least 90 calendar days before completing its work,
the Review Board shall provide written notice to the President and Congress of
its intention to terminate its operations at a specified date.
Section 10. Disclosure of Other Materials and Additional
Study
(a) MATERIALS UNDER SEAL OF COURT -- (1) The Review Board
may request the Attorney General to petition any court in the United States or
abroad to release any information relevant to the assassination of President
John F. Kennedy that is held under seal of the court.
(2)(A) The Review Board may request the Attorney General to
petition any court in the United States
(B) A request for disclosure of assassination materials
under this Act shall be deemed to constitute a showing of particularized need
under Rule 6 of the Federal Rules of Criminal Procedure.
(b) SENSE OF CONGRESS -- It is the sense of Congress that
--
(1) the Attorney General should assist the Review Board in
good faith to unseal any records that the Review Board determines to be
relevant and held under seal by a court or under the injunction of secrecy of a
grand jury;
(2) the Secretary of State should contact the Government of
the Republic of Russia and seek the disclosure of all records of the government
of the former Soviet Union, including the records of the Komitet
Gosudarstvennoy Bezopasnosti (KGB) and the Glaynoye Razvedyvatelnoye
Upravleniye (GRU) relevant to the assassination of President Kennedy, and
contact any other foreign government that may hold information relevant to the
assassination of President Kennedy and seek disclosure of such information; and
(3) all Executive agencies should cooperate in full with the
Review Board to seek the disclosure of all information relevant to the
assassination of President John F. Kennedy consistent with the public
interest.
Section 11. Rules of Construction
(a) PRECEDENCE OVER OTHER LAW -- When this Act requires
transmission of a record to the Archivist or public disclosure, it shall take
precedence over any other law (except section 6103 of the Internal Revenue
Code), judicial decision construing such law, or common law doctrine that would
otherwise prohibit such transmission or disclosure, with the exception of deeds
governing access to or transfer or release of gifts and donations of records to
the United States Government.
(b) FREEDOM OF INFORMATION ACT -- Nothing in this Act shall
be construed to eliminate or limit any right to file requests with any
Executive agency or seek judicial review of the decisions pursuant to section
552 of title 5, United States Code.
(c) JUDICIAL REVIEW -- Nothing in this Act shall be
construed to preclude judicial review, under chapter 7 of title 5, United
States Code, of final actions taken or required to be taken under this
Act.
(d) EXISTING AUTHORITY -- Nothing in this Act revokes or
limits the existing authority of the President, any executive agency, the
Senate, or the House of Representatives, or any other entity of the Government
to publicly disclose records in its possession.
(e) RULES OF THE SENATE AND
HOUSE OF REPRESENTATIVES -- To the extent that any provision of this Act
establishes a procedure to be followed in the Senate or the House of
Representatives, such provision is adopted --
(1) as an exercise of the rulemaking power of the Senate and
House of Representatives, respectively, and is deemed to be part of the rules
of each House, respectively, but applicable only with respect to the procedure
to be followed in that House, and it supersedes other rules only to the extent
that it is inconsistent with such rules; and
(2) with full recognition of the constitutional right of
either House to change the rules (so far as they relate to the procedure of
that House) at any time, in the same manner, and to the same extent as in the
case of any other rule of that House.
Section 12. Termination of Effect of Act
(a) PROVISIONS PERTAINING TO THE REVIEW BOARD -- The
provisions of this Act that pertain to the appointment and operation of the
Review Board shall cease to be effective when the Review Board and the terms of
its members have terminated pursuant to section 7(o).
(b) OTHER PROVISIONS -- The remaining provisions of this Act
shall continue in effect until such time as the Archivist certifies to the
President and the Congress that all assassination records have been made
available to the public in accordance with this Act.
Section 13. Authorization of Appropriations
(a) IN GENERAL -- There are authorized to be appropriated
such sums as are necessary to carry out this Act, to remain available until
expended.
(b) INTERIM FUNDING -- Until such time as funds are
appropriated pursuant to subsection (a), the President may use such sums as are
available for discretionary use to carry out this Act.
Section 14. Severability
If any provision of this Act or the application thereof to
any person or circumstance is held invalid, the remainder of this Act and the
application of that provision to other persons not similarly situated or to
other circumstances shall not be affected by the invalidation.
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