44 U.S.C. 2107
§ 2107. Acceptance of records for historical preservation
When it appears to the Archivist to be in the public interest,
he may--
(1) accept for deposit with the National Archives of the United
States the records of a Federal agency, the Congress, the Architect of the
Capitol, or the Supreme Court determined by the Archivist of the United States
to have sufficient historical or other value to warrant their continued
preservation by the United States Government;
(2) direct and effect the transfer to the National Archives of
the United States of records of a Federal agency that have been in existence
for more than thirty years and determined by the Archivist of the United States
to have sufficient historical or other value to warrant their continued
preservation by the United States Government, unless the head of the agency
which has custody of them certifies in writing to the Archivist that they must
be retained in his custody for use in the conduct of the regular current
business of the agency;
(3) direct and effect, with the approval of the head of the
originating agency, or if the existence of the agency has been terminated, then
with the approval of his successor in function, if any, the transfer of records
deposited or approved for deposit with the National Archives of the United
States to public or educational institutions or associations; title to the
records to remain vested in the United States unless otherwise authorized by
Congress; and
(4) transfer materials from private sources authorized to be
received by the Archivist by section 2111 of this title
Sec. 1. Short Title
This Act may be cited as the “President John F. Kennedy
Assassination Records Collection Act of 1992.”
Sec. 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.
Sec. 3. Definitions
In this Act:
(1) “Archivist” means the Archivist of the United States.
(2) “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 Commission”);
(B) the Commission on Central Intelligence Agency Activities
Within the United States (the “Rockefeller Commission”);
(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.
(3) “Collection” means the President John F. Kennedy
Assassination Records Collection established under section 4.
(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.
(5) “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 of the 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.
(6) “Identification aid” means the written description prepared
for each record as required in section 4.
(7) “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.
(8) “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.
(9) “Originating body” means the Executive agency, government
commission, congressional committee, or other governmental entity that created
a record or particular information within a record.
(10) “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.
(11) “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.
(12) “Review Board” means the Assassination Records Review Board
established by section 7.
(13) “Third agency” means a Government agency that originated an
assassination record that is in the possession of another agency.
Sec. 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 [Oct. 26, 1992], 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 [this section]. 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 [Oct. 26 1992];
(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.
(e) Oversight.--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
Collection.
Sec. 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 [Oct. 26, 1992], 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 [Oct. 26, 1992] 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 date of enactment of this
Act [Oct. 26, 1992], 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 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--
(i) the identification, review, and transmission of all assassination
records publicly available or disclosed as of the date of enactment of this Act
[Oct. 26, 1992] in a redacted or edited form; and
(ii) 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 [Oct. 26, 1992] 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 [Oct. 26, 1992], 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 [Oct. 26, 1992], 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 immediately available to
the public, 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(e)(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 this Act [Oct. 26, 1992], unless the President
certifies, as required by this Act, that--
(i) continued postponement is made necessary by an identifiable
harm to the military defense, intelligence operations, law enforcement, 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.
Sec. 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 record 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 and would pose a substantial risk of harm to
that person;
(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.
Sec. 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 Assassinations [sic] 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 90 calendar days after the date of enactment of this Act [Oct. 26,
1992].
(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 [Oct.
26, 1992], 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 records related to the assassination 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.
(c) 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 security
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 reported by 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 complete 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) request the Attorney General to 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;
(F) hold hearings, administer oaths, and subpoena witnesses and
documents; and
(G) use the Federal Supply Service in the same manner and under
the same conditions as other departments and agencies of the United States; and
(H) use the United States mails in the same manner and under the
same conditions as other departments and agencies of the United States.
(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 for purposes of section 6001 of title 18, United States Code.
(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 September 30, 1998.
(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.
Sec. 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, without regard to the civil service laws,
may appoint and terminate additional personnel as are necessary to enable the
Review Board and its Executive Director to perform the duties of the Review
Board.
(2)(A) Except as provided in subparagraph (B), 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.
(B) An individual who is an employee of the Government may be
appointed to the staff of the Review Board if in that position the individual
will perform only administrative functions.
(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)(i) The Review Board may offer conditional employment to a
candidate for a staff position pending the completion of security clearance
background investigations. During the pendency of such investigations, the
Review Board shall ensure that any such employee does not have access to, or
responsibility involving, classified or otherwise restricted assassination
record materials.
(ii) If a person hired on a conditional basis under clause (i)
is denied or otherwise does not qualify for all security clearances necessary
to carry out the responsibilities of the position for which conditional
employment has been offered, the Review Board shall immediately terminate the
person’s employment.
(c) Compensation.
Subject to such rules as may be adopted by the Review Board, the
chairperson, without regard to the provisions of title 5, United States Code,
governing appointments in the competitive service and without regard to the
provisions of chapter 51 and subchapter III of chapter 53 of that title
relating to classification and General Schedule pay rates, may--
(1) appoint an Executive Director, who shall be paid at a rate
not to exceed the rate of basic pay for level V of the Executive Schedule; and
(2) appoint and fix compensation of such other personnel as may
be necessary to carry out this Act.
(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. 2).
(e) Security clearance required.--An individual employed in any
position by the Review Board (including an individual appointed as Executive
Director) shall be required to qualify for any necessary security clearance
prior to taking office in that position, but may be employed conditionally in
accordance with subsection (b)(3)(B) before qualifying for that clearance.
Sec. 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 [Oct. 26, 1992], begin its review of assassination records under this Act.
(c) Determinations 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 contained in section 6.
(d) Presidential authority over Review Board determination.--
(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 within such a record, or of any 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 [Oct. 26, 1992], 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.
Sec. 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 to release any information relevant to
the assassination of President John F. Kennedy that is held under the
injunction of secrecy of a grand jury.
(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 [18 U.S.C.A.].
(b) Sense of congress.
It is the sense of the 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.
Sec. 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.
Sec. 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 (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.
Sec. 13. Authorization of appropriations
(a) In general.
There are authorized to be appropriated to carry out the
provisions of this Act $1,600,000 for fiscal year 1998.
(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.
Sec. 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.
[Any reference in any provision of law enacted before Jan. 4,
1995, to the Committee on Government Operations of the House of Representatives
treated as referring to the Committee on Government Reform and Oversight of the
House of Representatives, except that any reference in any provision of law
enacted before Jan. 4, 1995, to the Committee on Government Operations of the
House of Representatives treated as referring to the Committee on the Budget of
the House of Representatives in the case of a provision of law relating to the
establishment, extension, and enforcement of special controls over the Federal
budget, see section 1(a)(6) and (c)(2) of Pub. L. 104-14, set out as a note
preceding section 21 of Title 2, The Congress.]
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