Notes on 44 U.S.C. § 2107 : US Code - Notes

Search Notes on 44 U.S.C. § 2107 : US Code - Notes

(Pub. L. 90-620, Oct. 22, 1968, 82 Stat. 1287, Sec. 2103; Pub. L.
94-575, Sec. 4(a), Oct. 21, 1976, 90 Stat. 2727; Pub. L. 95-416,
Sec. 1(a), Oct. 5, 1978, 92 Stat. 915; renumbered Sec. 2107 and
amended Pub. L. 98-497, title I, Secs. 102(a)(1), 107(a)(1), Oct.
19, 1984, 98 Stat. 2280, 2285.)
HISTORICAL AND REVISION NOTES
Based on 44 U.S. Code, 1964 ed., Sec. 397(a) (June 30, 1949, ch.
288, title V, Sec. 507, as added Sept. 5, 1950, ch. 849, Sec. 6(d),
64 Stat. 583; and amended July 12, 1952, ch. 703, Sec. 1(o), (p),
66 Stat. 594; July 12, 1955, ch. 329, 69 Stat. 297; Aug. 12, 1955,
ch. 859, 69 Stat. 695; July 3, 1956, ch. 513, Sec. 4, 70 Stat. 494;
June 13, 1957, Pub. L. 85-51, 71 Stat. 69).
PRIOR PROVISIONS
A prior section 2107 was renumbered section 2111 of this title.
AMENDMENTS
1984 - Pub. L. 98-497, Sec. 107(a)(1), substituted "Archivist"
for "Administrator of General Services" in provisions preceding
par. (1), substituted ", the Congress, the Architect of the
Capitol, or the Supreme Court" for "or of the Congress" in par.
(1), substituted "Archivist" for "Administrator" in par. (2), and
substituted "Archivist" for "Administrator" and "section 2111" for
"section 2107" in par. (4).
1978 - Par. (2). Pub. L. 95-416 substituted "thirty years" for
"fifty years".
1976 - Par. (4). Pub. L. 94-575 substituted reference to section
"2107" for "3106".
EFFECTIVE DATE OF 1984 AMENDMENT
Amendment by Pub. L. 98-497 effective Apr. 1, 1985, see section
301 of Pub. L. 98-497, set out as a note under section 2102 of this
title.
SHORT TITLE OF 1994 AMENDMENT
Pub. L. 103-345, Sec. 1, Oct. 6, 1994, 108 Stat. 3128, provided
that: "This Act [amending provisions set out as a note below] may
be cited as the 'President John F. Kennedy Assassination Records
Collection Extension Act of 1994'."
PRESIDENT JOHN F. KENNEDY ASSASSINATION RECORDS COLLECTION
Pub. L. 102-526, Oct. 26, 1992, 106 Stat. 3443, as amended by
Pub. L. 103-345, Secs. 2-5, Oct. 6, 1994, 108 Stat. 3128-3130; Pub.
L. 105-25, Sec. 1, July 3, 1997, 111 Stat. 240, provided that:
"SECTION 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 [5 U.S.C. 552], 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
[50 U.S.C. 435 note], 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. 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 [now
Committee on Government Reform] of the House of Representatives and
the Committee on Governmental Affairs [now Committee on Homeland
Security and 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 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 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 [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, 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 [Oct. 26, 1992], 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 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, 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 [now Committee on Homeland
Security and Governmental Affairs] of the Senate.
"(d) Confirmation Hearings. - (1) The Committee on Governmental
Affairs [now Committee on Homeland Security and 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 [now Committee on Government Reform] of the
House of Representatives and the Committee on Governmental Affairs
[now Committee on Homeland Security and 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 [now
Committee on Government Reform] of the House of Representatives and
the Committee on Governmental Affairs [now Committee on Homeland
Security and 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.).
"(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 [now Committee on Government
Reform] of the House of Representatives, the Committee on
Governmental Affairs [now Committee on Homeland Security and
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 App. U.S.C.].
"(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 [26 U.S.C. 6103]), 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 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."
[For transfer of the functions, personnel, assets, and
obligations of the United States Secret Service, including the
functions of the Secretary of the Treasury relating thereto, to the
Secretary of Homeland Security, and for treatment of related
references, see sections 381, 551(d), 552(d), and 557 of Title 6,
Domestic Security, and the Department of Homeland Security
Reorganization Plan of November 25, 2002, as modified, set out as a
note under section 542 of Title 6.]
CLASSIFIED NATIONAL SECURITY INFORMATION
For provisions authorizing Archivist to review, downgrade, and
declassify information of former Presidents under control of
Archivist pursuant to this section, see Ex. Ord. No. 12958, Sec.
3.6(b)(4), Apr. 17, 1995, 60 F.R. 19835, set out as a note under
section 435 of Title 50, War and National Defense.