§ 2107. — Acceptance of records for historical preservation.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 44USC2107]
TITLE 44--PUBLIC PRINTING AND DOCUMENTS
CHAPTER 21--NATIONAL ARCHIVES AND RECORDS ADMINISTRATION
Sec. 2107. Acceptance of records for historical preservation
When it appears to the Archivist to be in the public interest, he
may--
(1) accept for deposit with the National Archives of the United
States the records of a Federal agency, the Congress, the Architect
of the Capitol, or the Supreme Court determined by the Archivist of
the United States to have sufficient historical or other value to
warrant their continued preservation by the United States
Government;
(2) direct and effect the transfer to the National Archives of
the United States of records of a Federal agency that have been in
existence for more than thirty years and determined by the Archivist
of the United States to have sufficient historical or other value to
warrant their continued preservation by the United States
Government, unless the head of the agency which has custody of them
certified in writing to the Archivist that they must be retained in
his custody for use in the conduct of the regular current business
of the agency;
(3) direct and effect, with the approval of the head of the
originating agency, or if the existence of the agency has been
terminated, then with the approval of his successor in function, if
any, the transfer of records, deposited or approved for deposit with
the National Archives of the United States to public or educational
institutions or associations; title to the records to remain vested
in the United States unless otherwise authorized by Congress; and
(4) transfer materials from private sources authorized to be
received by the Archivist by section 2111 of this title.
(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 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 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 [now Committee on Government Reform] of the House of
Representatives and the Committee on Governmental Affairs of the Senate
a report specifying the facts found and the grounds for the removal.
``(B) The President shall publish in the Federal Register a report
submitted under paragraph (2)(A), except that the President may, if
necessary to protect the rights of a person named in the report or to
prevent undue interference with any pending prosecution, postpone or
refrain from publishing any or all of the report until the completion of
such pending cases or pursuant to privacy protection requirements in
law.
``(3)(A) A member of the Review Board removed from office may obtain
judicial review of the removal in a civil action commenced in the United
States District Court for the District of Columbia.
``(B) The member may be reinstated or granted other appropriate
relief by order of the court.
``(h) Compensation of Members.--(1) A member of the Review Board
shall be compensated at a rate equal to the daily equivalent of the
annual rate of basic pay prescribed for level IV of the Executive
Schedule under section 5315 of title 5, United States Code, for each day
(including travel time) during which the member is engaged in the
performance of the duties of the Review Board.
``(2) A member of the Review Board shall be allowed reasonable
travel expenses, including per diem in lieu of subsistence, at rates for
employees of agencies under subchapter I of chapter 57 of title 5,
United States Code, while away from the member's home or regular place
of business in the performance of services for the Review Board.
``(i) Duties of the Review Board.--(1) The Review Board shall
consider and render decisions on a determination by a Government office
to seek to postpone the disclosure of assassination records.
``(2) In carrying out paragraph (1), the Review Board shall consider
and render decisions--
``(A) whether a record constitutes an assassination record; and
``(B) whether an assassination record or particular information
in a record qualifies for postponement of disclosure under this Act.
``(j) Powers.--(1) The Review Board shall have the authority to act
in a manner prescribed under this Act including authority to--
``(A) direct Government offices to complete identification aids
and organize assassination records;
``(B) direct Government offices to transmit to the Archivist
assassination records as required under this Act, including
segregable portions of assassination records, and substitutes and
summaries of assassination records that can be publicly disclosed to
the fullest extent;
``(C)(i) obtain access to assassination records that have been
identified and organized by a Government office;
``(ii) direct a Government office to make available to the
Review Board, and if necessary investigate the facts surrounding,
additional information, records, or testimony from individuals,
which the Review Board has reason to believe is required to fulfill
its functions and responsibilities under this Act; and
``(iii) request the Attorney General to subpoena private persons
to compel testimony, records, and other information relevant to its
responsibilities under this Act;
``(D) require any Government office to account in writing for
the destruction of any records relating to the assassination of
President John F. Kennedy;
``(E) receive information from the public regarding the
identification and public disclosure of assassination records;
``(F) hold hearings, administer oaths, and subpoena witnesses
and documents; and
``(G) use the Federal Supply Service in the same manner and
under the same conditions as other departments and agencies of the
United States; and
``(H) use the United States mails in the same manner and under
the same conditions as other departments and agencies of the United
States.
``(2) A subpoena issued under paragraph (1)(C)(iii) may be enforced
by any appropriate Federal court acting pursuant to a lawful request of
the Review Board.
``(k) Witness Immunity.--The Review Board shall be considered to be
an agency of the United States for purposes of section 6001 of title 18,
United States Code.
``(l) Oversight.--(1) The Committee on Government Operations [now
Committee on Government Reform] of the House of Representatives and the
Committee on Governmental Affairs of the Senate shall have continuing
oversight jurisdiction with respect to the official conduct of the
Review Board and the disposition of postponed records after termination
of the Review Board, and shall have access to any records held or
created by the Review Board.
``(2) The Review Board shall have the duty to cooperate with the
exercise of such oversight jurisdiction.
``(m) Support Services.--The Administrator of the General Services
Administration shall provide administrative services for the Review
Board on a reimbursable basis.
``(n) Interpretive Regulations.--The Review Board may issue
interpretive regulations.
``(o) Termination and Winding Up.--(1) The Review Board and the
terms of its members shall terminate not later than September 30, 1998.
``(2) Upon its termination, the Review Board shall submit reports to
the President and the Congress including a complete and accurate
accounting of expenditures during its existence, and shall complete all
other reporting requirements under this Act.
``(3) Upon termination and winding up, the Review Board shall
transfer all of its records to the Archivist for inclusion in the
Collection, and no record of the Review Board shall be destroyed.
``SEC. 8. ASSASSINATION RECORDS REVIEW BOARD PERSONNEL.
``(a) Executive Director.--(1) Not later than 45 days after the
initial meeting of the Review Board, the Review Board shall appoint one
citizen, without regard to political affiliation, to the position of
Executive Director.
``(2) The person appointed as Executive Director shall be a private
citizen of integrity and impartiality who is a distinguished
professional and who is not a present employee of any branch of the
Government and has had no previous involvement with any official
investigation or inquiry relating to the assassination of President John
F. Kennedy.
``(3)(A) A candidate for Executive Director shall be granted the
necessary security clearances in an accelerated manner subject to the
standard procedures for granting such clearances.
``(B) A candidate shall qualify for the necessary security clearance
prior to being approved by the Review Board.
``(4) The Executive Director shall--
``(A) serve as principal liaison to Government offices;
``(B) be responsible for the administration and coordination of
the Review Board's review of records;
``(C) be responsible for the administration of all official
activities conducted by the Review Board; and
``(D) have no authority to decide or determine whether any
record should be disclosed to the public or postponed for
disclosure.
``(5) The Executive Director shall not be removed for reasons other
than by a majority vote of the Review Board for cause on the grounds of
inefficiency, neglect of duty, malfeasance in office, physical
disability, mental incapacity, or any other condition that substantially
impairs the performance of the responsibilities of the Executive
Director or the staff of the Review Board.
``(b) Staff.--(1) The Review Board, without regard to the civil
service laws, may appoint and terminate additional personnel as are
necessary to enable the Review Board and its Executive Director to
perform the duties of the Review Board.
``(2)(A) Except as provided in subparagraph (B), a person appointed
to the staff of the Review Board shall be a private citizen of integrity
and impartiality who is not a present employee of any branch of the
Government and who has had no previous involvement with any official
investigation or inquiry relating to the assassination of President John
F. Kennedy.
``(B) An individual who is an employee of the Government may be
appointed to the staff of the Review Board if in that position the
individual will perform only administrative functions.
``(3)(A) A candidate for staff shall be granted the necessary
security clearances in an accelerated manner subject to the standard
procedures for granting such clearances.
``(B)(i) The Review Board may offer conditional employment to a
candidate for a staff position pending the completion of security
clearance background investigations. During the pendency of such
investigations, the Review Board shall ensure that any such employee
does not have access to, or responsibility involving, classified or
otherwise restricted assassination record materials.
``(ii) If a person hired on a conditional basis under clause (i) is
denied or otherwise does not qualify for all security clearances
necessary to carry out the responsibilities of the position for which
conditional employment has been offered, the Review Board shall
immediately terminate the person's employment.
``(c) Compensation.--Subject to such rules as may be adopted by the
Review Board, the chairperson, without regard to the provisions of title
5, United States Code, governing appointments in the competitive service
and without regard to the provisions of chapter 51 and subchapter III of
chapter 53 of that title relating to classification and General Schedule
pay rates, may--
``(1) appoint an Executive Director, who shall be paid at a rate
not to exceed the rate of basic pay for level V of the Executive
Schedule; and
``(2) appoint and fix compensation of such other personnel as
may be necessary to carry out this Act.
``(d) Advisory Committees.--(1) The Review Board shall have the
authority to create advisory committees to assist in fulfilling the
responsibilities of the Review Board under this Act.
``(2) Any advisory committee created by the Review Board shall be
subject to the Federal Advisory Committee Act (5 U.S.C. App.).
``(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 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.
Section Referred to in Other Sections
This section is referred to in sections 3102, 3317 of this title;
title 36 section 2103.
