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# PUBLIC LAW 102-526-OCT. 26, 1992 106 STAT. 3449 106 STAT. 3450 PUBLIC LAW-102-526-ОСТ. 26, 1992:(ii) the identifiable harm is of such gravity that it outweighs affiliation, 5 citizens to serve as members of the Review Boardthe public interest in disclosure. to ensure and facilitate the review, transmission to the Archivist,(h) FEES FOR COPYING. Executive branch agencies shall- and public disclosure of Government records related to the assas-(1) charge fees for copying assassination records; and sination of President John F. Kennedy.(2) grant waivers of such fees pursuant to the standards (2) The President shall make nominations to the Review Boardestablished by section 552(a)(4) of title 5, United States Code. not later. than 90 calendar days after the date of enactment ofthis Act.SEC. -GROUNDS FOR POSTPONEMENT OF PUBLIC DISCLOSURE OF (3) If the Senate votes not to confirm a nomination to theRECORDS. Review Board, the President shall make an additional! nominationnot later than 30 days thereafter.Disclosure of assassination records or particular information (4XA) The President shall make nominations to the Reviewin assassination records to the public may be postponed subject Board after considering persons recommended by the Americanto the limitations of this Act if there is clear and convincing evidence Historical Association, the Organization of American Historians,that the Society of American Archivists, and the American Bar Associa-tion.(1) the threat to the military defense, intelligence oper (B) If an organization described in subparagraph (A) does notations, or conduct of foreign relations of the United States recommend at least 2 nominees meeting the qualifications statedposed by the public disclosure of the assassination is of such in paragraph (5) by the date that is 45 days after the date ofgravity that it outweighs the public interest, and such public enactment of this Act, the President shall consider for nominationdisclosure would revea the persons recommended by the other organizations described insubparagraph (A).(A) an intelligence agent whose identity currently (C) The President may request an organization described inrequires protection; subparagraph (A) to submit additional nominations.(B) an intelligence source or method which is currently (5) Persons nominated to the Review Boardーutilized, or reasonably expected to be utilized, by the United (A) shall be impartial private citizens, none of whom isStates Government and which has not been officially dis- presently employed by any branch of the Government, andclosed, the disclosure of which would interfere with the none of whom shall have had any previous involvement withconduct of intelligence activities; or any official investigation or inquiry conducted by a Federal,State; or local government, relating to the assassination of(C) any other matter currently relating to the military President John F. Kennedy,defense, intelligence operations or conduct of foreign rela- (B) shall be distinguished persons of high national profes-tions of the United States, the disclosure of which would sional reputation in their respective fields who are capabledemonstrably impair the national security of the United of exercising the independent and objective judgment necessaryStates; to the fulfillment of their role in ensuring and facilitatingthe review, transmission to the public, and public disclosure(2) the public disclosure of the assassination record would of records related to the assassination of President John F.reveal the name or identity of a living person who provided Kennedy and who possess an appreciation of the value of suchconfidential information to the United States and would pose material to the public, scholars, and government; anda substantial risk of harm to that person; (C) shall include at least 1 professional historian and 1attorney.(3) the public disclosure of the assassination record couldreasonably be expected to constitute an unwarranted invasion (c) SECURITY CLEARANCES.-(1) All Review Board: nomineesof personal privacy, and that invasion of privacy is so substan- shall be granted the necessary security clearances in an acceleratedtial that it outweighs the public interest; manner subject to the standard procedures for granting such clear-ances.(4) the public disclosure of the assassination record would (2) All nominees shall qualify for the necessary security clear-compromise the existence of an understanding of confidentiality ance prior to being considered for confirmation by the Committeecurrently requiring protection between a Government agent on Governmental Affairs of the Senate.and a cooperating individual or a foreign government, and (d) CONFIRMATION HEARINGS (1) The Committee on Govern-public disclosure would be so harmful that it outweighs the mental Affairs of the Senate shall hold confirmation hearings withinpublic interest; or 30 days in which the Senate is in session after the nominationof 3 Review Board members.(5) the public disclosure of the assassination record wouldreveal a security or protective procedure currently utilized, Reports.or reasonably expected to be utilized, by the Secret Service (2) The Committee on Governmental Affairs shall vote on theor another Government agency responsible for protecting Gov- nominations within 14 days in which the Senate is in sessionernment officials, and public disclosure would be so harmful after the confirmation hearings, and shall report its results tothat it outweighs the public interest. the full Senate immediately.SEC. 7. ESTABLISHMENT AND POWERS OF THE ASSASSINATION 44 USC 2107RECORDS REVIEW BOARD.(a) ESTABLISHMENT. There is established as an independentagency a board to be known as the Assassinations Records ReviewBoard.(b) APPOINTMENT.-(1) The President, by and with the advice President.and consent of the Senate, shall appoint, without regard to political