--S.3006--
S.3006
One Hundred Second Congress of the United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Friday, the third day of January,
one thousand nine hundred and ninety-two
An Act
To provide for the expeditious disclosure of records relevant to the
assassination
of President John F. Kennedy.
Be it enacted by the Senate and House of Representatives of the United
States of America in Congress assembled,

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This Act may be cited as the `President John F. Kennedy Assassination
Records Collection Act of 1992'.

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(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.

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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.

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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.
(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.

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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 date of 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 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 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 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 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, 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.

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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 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.

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(a) ESTABLISHMENT- There is established as an independent agency a board
to be known as the Assassinations 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.
(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 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; 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 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 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.

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(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.).

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(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) 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, 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.

1c410acc23431cdfc5f931647c2fcc8e5d2a71c55d3b1adfb98ab72d76351226

(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.
(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.

192757231fd7eae6d03d29ee2b0c51cbadd015a52bd569300bbe9ed4a62bf587

(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.

c9d99a50216fb8db4d68277201ebd55dba8fd9e55a61e5d019b4193a707d1ab8

(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.

2d2555fe2838b29f06aede0151c15f680caebbd0cbcc7fe25cb3e8f17baf3b07

(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.

66b7c1b4be65d6dce13d250918c389d23ab2d800151be487eb9862a422bac408

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.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.

bab941c8b4653bae335dbe5c88b83d98ed53c816b8932bf908b57191339c66c4

Kennedy Assassination (Open Files) bill — S. 3006

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