14-00000 28 that it is a term of art and that it should extend to a “domestic or foreign intelligence or counterintelligence asset, collaborator, for- eign on contact, or covert employee of a United States intelli- gence organization, where the identity of any of these currently re- _ quire protection.” _ From the perspective of some rienced researchers concern- ing the assassination of President Kennedy, the term “intelligence agent” should not apply to deceased agents. They believe that the majority of records related to such individuals are at least thirty years old and do not require continued protection. — The Committee decided that the Review Board should make ite own determinations, and in so doing should consult with the affect- ed agencies, as well as be receptive to the views of the public. In determining whether or not the identity of a deceased agent should be disclosed, the Review Board may wish to consider the impact on survivors as a legitimate question, but the Review Board should satisfy itself as to the basig and need for such an assertion as grounds for postponement. The question of the breadth of the term intelligence agent” raises a different set of questions. Potentially, the coverage of all individuals employed in an intelligence or coun- terintelligence capacity by the united States could become extreme- ly wideranging and serve to defeat the presumption of disclosure and purpose of the Act. The Committee hesitates to adopt such a broad definition of “intelligence agent.” However, when the Review Board is required to make determinations about the identities of intelligence agents’ it should consider, the breadth of responsibil- ities and assignments which migh’ in is category. : the Review Board should satisfy itself as to the basis and sees such an assertion as grounds for postponement. Intelligence Sources and Methods Section 6(1\B) permits postponement of an “Intelligence source er method which is currently utilized, or reasonable expected to be utilized.” Some researchers experienced in the difficulty of acceas- ing records related to the assassination of President Kennedy have raised concerns over the scope of this provision because in the past _ “intelligence sources” have included newspapers and libraries, and because “intelligence methods” have included photography and lis- tening devices on telephones. The Review Board shoul consider a variety of factors related to the need to postpone disclosure of intel- ligence sources and methods, including the age of the whether the use of a particular source or method is already well known by the public (e.g. that the Soviet Embassy in Mexico City was bugged during the alleged visit of Lee Harvey Oswald), and whether the source or method is inherently secret, or whether it was the information it collected which was secret. . Understanding of Confidentiality. _ “Section 6(4) permits postponement if disclosure would “compro- mise the existence of an understanding of confidentiality currently requiring protection between a Government t+ and a cooperat- _ing individual or foreign government, and lic disclosure would be so harmful that it outweighs the public interest.” The govern- ment has argued that all such confidentiality requires wi! olding . doing, the Review e ‘ those who have sought access to the assassination records 29 to preserye:the integrity the promise of confidentiality made by ‘ rament agency to a witness in order to obtain testimony or Ormanion. . . In applying this postponement standard the Review Board shoul: consider:. Whether there is an express written confidentialii e | ment, whether that agreement is express or implied, whether ith é . written or unwritten, and the exact restrictions scope and duration of confidentiality; whether the agreement cur rently requires protection; whether a witness or informant or confi dential source is deceased; and whether the government is seekiny Lattice pa purely because it believes all such records should |b: wi or because of the informant’s express desire that the un derstanding not be made public. In all cases where the- Reviev Board is considering mement, it should keep the withheld in formation to an. lute minimum, and ensure that the e ment is narrowly drawn is for the shortest possible duration. In js Board should release as much information fron the records as is possible. | Priority of reviewing existing Freedom of Information Act requett Section 5(2bXG) requires that government offices give priority |t the identification, review, and transmission, under the standard: | for mement set forth in this Act, of assassination records tha on the date of enactment of this Act are the subject of litigatior under the Freedom of Information Act. This provision is intendec to stop the continued expenditures by the government and private individuals related to ligation over records which will be specifi ’ eally subject to the Act, and reviewed under different, and in most | cases more liberal disclosure standards, An effort to disclose the pertinent records to these requestors will assist in responding over the | longest period of time. A continued delay in release of such recor : only serve to undermine confidence by those members of the public whose past interest resulted in the om of Information © Act litigation. It is intended that the government offices identify | and begin review of such records as a priority upon enactment ol the legislation. Appointment of the Review Board . The Committee first considered the approach proposed in the original legislation. This involved the appointment of az “ Aasange nation Materials Review Board” in the same manner in which in- dependent counsels are selected. This selection process is contained § in the Ethics in Government Act, where it A des a method of i epentientiy etermining propriety and lawfulness of. condu y government officials. Under this provision the Attorney Gener. Oo : © United States must request the a pointment of an inde md- | ent counsel by a special judi chaired i of the Federal. District Court for the. DC. Circuit. 2 Sener en The Committee carefully reviewed the use of this provision for @ the creation of the Review Board. The Committee determined that § while this approach could possibly enhance the independence of the | Review Board and the. public confidence in the process, several @ - other factors mitigated against this approach. The Commi
14-00000 . 30 found that the added responsibilities for the Review Board would divest the Court’s resources and time from its rimary responsibil- ities under the Independent Counsel law. The Committee was also concerned that the judicial panel lacked the experience and exper- tise to select individuals who are nationally recognized profesgion- als in the fields of history, archiving, and public access to informa- tio i. With these concerns in mind,. the Committee chose i ier soert tive approach to the appointment proceas while giving significan weight to the need for independence, public confidence, and ac- Section 7 establishes the Assassination Records Review Board. The Review Board will stand as the symbol and barometer of public confidence in the review and release of the government's records related to the assassination of President Kennedy. The in- dependence of the Review Board will be rightfully judged by the public at its inception. The President is given the authority to ap- point the members of the Review Board. Several provisions are in- tended to provide as much independence and accountability as is possible within our constitutional framework. These include the re- quirements that the members be confirmed by the United States nate, that the President consider the recommendations of four private organizations with e ise in the areas of history, archiv- ing, and the law, and that at least one of the members of the board be a historian and another be an attorney. The qualifications are also intended to maintain public confidence by that the board members. be nationally recognized profeasio: in field. The organizations chosen to make recommendations was restricted to historians, archivists, and attorneys because the records are his- torical records and historians will want the complete record to form the historical time and context surroundi the assassination; archivists because such: background will provide insights and an appreciation for records management and the ultimate disposition the records in the Collection; and attorneys because of | issues which may arise in the implementation of the Act, and cause of the combined skills of advocacy and judgment. All of these qualifications will be required in the role o: a Review Board member, although the President is free to make his own decisions, and similarly other organizations and members of the public are. algo | free to volunteer their recommendations. 4 ; tof © approach presented in the legislation was developed out of a desire to satisfy the public demand for.an independent entity which is not controlled by either the Congress or the President. These are essential and vital principles to prevent a conflict of in- terest and ensure efficient, speedy, and full disclosure of records to the American public. . Review Board authority to request additional information and reco. In Section 7(§XC)\GD the Act provides the Review Board with the authority to “di a Government office to make available to the Review and if necessary investigate the facts surrounding ’ the disposition of additional information, records, or testimon from individuals, which.the Review Board has reason to believe z 31 Tauired to fulfill its functions and responsibilities under this Ac fis provision is extremely important to the proper implemen tion and effectiveness of the Act because it provides the Revi Board with the authority to seek the fullest disclosure possible going beyond the information and records which government fices initially chose to make available to the public and the Revi Board. At the same time, executive branch agencies are fear exercising its authority the Review Board should act on a + sonable basis in requesting additional information or records, i also intended that the Review Board explore the-need for such . pub earings, advisory commi other means. It is intended that the Review Board consult, with |t regarding such requests, and that such offices comply expeditiously to satisfy the Review Board's quests. through public comments, h affected government offices quest and need-for access The Committee has considered requests from the Administrati to narrow the Review Board’s authority in this area. However, t Committee believes that it would be inconsistent with the purpo: of the Act to prematurely limit the scope of this authority. The : propriate scope of such requests and searches should be determin by the Review Board as it conducts ita work and becomes more 2 perienced ‘and knowledgeable about the assassination records seeks, and micre certain of the level of cooperation of governme agencies. It is expected that in conducting such requests for ad: tional information and records the the records are reasonably related to assassination of President Kennedy, and that and its staff be guided by the principle of sources, methods, and confidential matters standards in Section 6 of this Act. Review Board consultation with the public and government offir _ Section 8 sets forth the responsibilities of the Review Board. It intended that the Review Board should consider and consult, whe appropriate, with members of the public and with affected age cies, This is essential for purposes of serving the public interest ensuring the fullest public disclosures of records in an independe: and accountable manner, as well as appreciating the governmen ‘ y wish to hold hearings, establish other forums to ensure that there is an adequate opport nity for public input and participation. urthermore, with regard to government o sassination records, consultation and dial Review the histo ffices which hold a is im & 1 ensure that commmunication is clear and that the wack of tr view Board progresses with efficiency and effectiveness. It is ip portant that the provisions requiring notice of determinations a) in compliance with the Act, and that to the extent possible, consy ir respective recon consider wheth ry surrounding ¢ the Review Boa the need to prote as set forth under ¢ understanding 0
14-00000 ~~~ sss as | 32 33 on ite te, : 5 defense of Jack Ruby, were donated by Mr. Gertz to the Library Limitations of P residential pos fponement ; . . . ' Congress. Mr. Geriz required personal written permission - Section 9(dX1) recognizes the President’ 8 authority to- override access to these records. The Committee contacted Mr. Gertz and the determinations of the Review Board; however, the provision ex- , quested that he open these records to the public and remove t pressly limits such authority to an assassination record or “infor- access restrictions. Mr. Gertz agreed without hesitation. _ mation contained in an assassination record, obtained or developed In another example, the Lyndon B. Johnson Library was conta solely within the executive branch.” This prohibition is intended: ed with regard to public access: to relevant ions of the mc specifically. to restrict the President from having any control or au- than 3,000 tape recordings of conversations o Lyndon B. Johns thority over legislative branch records or information. For ezam- as Vice President and President of. the United States. The Lib ple, within the files of-the House Select Committee on Assasdina- . Director, Harry Middleton, was contacted and was asked abc ; tions (HSCA) there are staff notes rely in part on information ob- ing public these tapes and other records which migh . tained or developed by the CIA. Under the “third agency’ rule in viewed as related to the assassination. Mr. Middleton stated th the Act, the CIA could choose to recommend that the Review Board although it was unclear whether’ anyone else’s authority wag } ne those portions which it identifies as originating at the quired to do so, he obtained permission from Mrs. Lyndon B. Job CIA. If the Review Board declined the recommendation and the son in 1990 to begin processing the tapes for public disclosure. President sought to override the determination, : the President was determined that the project could be completed within the would be limited to postpone.those sentences or words which were _ month period for récords review under the Act. . originated or developed by the CIA. The remainder of the docu- In a fin, example, the Committee contacted the Gerald R. Fo ment would have to be publicly disclosed. Presidential Library in order to determine the status of the Rock . feller Commission records. Although the Commission devoted alr: Rules of construction ; atively small portion of its time ad. ing a few questions abo Deeds of Gift. Section 11(a) addresses the need to abide by the ‘the assassination of President Kennedy, the Ford bequest conta terms of deeds of gift and donation of records to the federal govern- the largest and most complete set of Rockefeller Commissi § ment. With the exception of the autopsy records which are ex- records, President Ford had Personally required one who use cluded from the Act, this provision does not intend to exclude other the records, including the Department of | ustice who investigat: donated records from the scope of assassination records, and all — criminal wrongdoing, to return the records to him personally. Tl such records made-publicly available are to be included in the Col- Committee found that by June, 1992, the Ford Presidential Libra 3 lection as established by this Act. It is particularly important that had made the Rockefeller Commission records related to the asta : all such records, especiall ly when classified, are considered “assassi- sination publicly available, and that other related, but still clase nation records” under the Act so that any declassification review is fied, records were available for declassification by originating age) done under the new standards of this Act, and not the more restric- clés. . a tive standards of the Freedom of Information Act and the executive To the extent that there are other “assassination records” w fic order on security classified information. have: been donated to the federal government, it is intended hi During the development of the legislation, the Committee sought the Review Board fully explore such records and governing leg: to determine the nature and extent of donations and gifts of “assas- struments, and where possible seek the waiver or necessary We : sination records.” It found that records and rights in such records mission to open the records to the American public, . have been transmitted by former Presidents, governmen officials, ‘ : . .. . and private citizens to yovernment institutions including the Li- Title 5 Public Access Provisions and Judicial Review brary of Congress, the National Archives, and the presidential li- Sections 11 (b) and (c) address the application of the Freedom| braries. The Committee also familiarized itself with the legal in- Information Act, and judicial review with regard to activities pu struments of as many of the gifts and donations as possible, and suant to the Act. In the original legislation, the authors chose|t | worked directly with the affected institutions to determine the exempt the Review Board and the activities authorized by the bil [ extent to which such records had been made public or could be from a number of laws dealing with government accountability made public. When necessary, the Committee requested that the These included the Freedom of Information Act, the Governmen [ individual, persons, or entities in controlling access to such records in the Sunshine the 4 tive Procedures Act,-and judi make them publicly availabie. ; cial review. This would have the. effect of exem the personne ',, While many of the records were donated by former Presidents or records of past investigative commissions or committees, ever | their families, allowable in part because the Presidential Records though the very same records of the Warren Commission hay: | Act did not exist until the presidency of Ronald Reagan, certain been publicly available for at least twenty years. The Committe: other individuals have also donated records. The personal papers of . believes that this is inconsistent with the operative principle of ar former Representative Hale Boggs, Warren Commission member, affirmative presumption of public disclosure. . were donated to the National Archives by kis widow the former he ier peerings of the Committee, the two original sponsors p | ‘Representative Lindy Boggs. In another case, the personal papers ae legislation in the Senate, Senator David Boren and Senato: | '. Of the attorney Elmer Gertz, including the papers related to Gertz’s en nation’s law: pecter, both called for the application of our
14-00000 . until at least the year. 2029; because the 84 . ensuring openness and accountability, including the Freedom of In- 1+ { formation Act and judicial review. Such laws, as well as the Gov- ‘ernment in the Sunshine Act, offer adequate protections in the events that meetings need to be closed for reasons of national secu- rity, as well as other reasons including personal privacy. However, such exemptions require public notice and this is entirely consist- ent with the extra level of sensitivity to the accountability and credibility of the Review Board. The applicable laws in Title 6 have been restored to the Act, as has judicial review. Existing Authority . —— Section 11(d) provides that nothing in the Act revokes or limits the existing authority of the President, any executivé agency, the Senate, or the House of Representatives, or any other entity of the Government to publicly disclose records in its fon. This pro- vision is intended to make clear that, although the entities of the Government are required te disclose all assassination records are not covered by the standards for postponement in Section 6, they are not required to withhold or me disclosure of assassination records simply because those records are covered by these.stand- - ards. If an agency or congressional committee has other statuto or inherent authority to release a record, it may do so even though the record would be qualified for postponement for disclosure under the Act. Thus, with to the assassination records, the Act sets a floor, but not a ceili ;, 08 to what is to be disclosed. At same time, nothing in the Act alters any existing righte or duties with respect to public disclosure of materials that are not as- sassination records. . VI. SECTION-BY-SECTION ANALYSIS ’ See. 1, Short title. . The name of the Act is changed from the Assassination Materi- als Disclosure Act to the President John F. Kennedy Assassination Records Collection Act of 1992 to reflect its particular purpose, scope, and added priorities. Sec. 2. Findings, declarations, and purposes. Section 2 details the congressional findings, declarations, and p that are to guide the implementation and administration of the law. It is found and declared that all Government records related to the assassination of President Kennedy should. be pre- served for historical and governmeéntal purposes, that they should carry a presumption of immediate disclosure, and that they should be eventually disclosed to enable the public to become fully in- formed about the history surrounding the assassination. Legislation is necessary to create an enforceable, independent, and accountable ' for the public disclosure of such records. It is algo n because ional records related to the assassination of Presi- dent Kennedy would not otherwise be subject to public disclosure liom of Information Act, as implemented by the executive branch, has prevented the timely public disclosure of records relating to the assassination of President Kennedy; and because Executive Order No. 12856, enti- . sion”); (B) the Commission on 85 tled “National Security Information”, has eliminated the declassifi cation and downgrading schedules relating to classified informati and has prevented the timely public disclosure of records relating | to the assassination of President. Ke . Finally, most of th records related to the assassination of ident Kenn are | almost 30 years old, and only in the rarest cases is there any egiti- mate need for continued protection of such records. 7 _ The purposes of the law, as indicated in the section, are to pro- vide for the creation of the President John F. Kennedy. - tion Records Collection at the National Archives and Records . ministration and to require the expeditious transmission of assassi- nation - records to the Archivist and public disclosure of such reco ; 1, A. definition of “Archivist”, to mean the Archivist of t United States, is provided. mean the Archivist of the 2. The term “Assassination record” is clarified to mean a record that is-related to the sssassination of President Kennedy, that was created or {ade availab le. for. use by, obtained by, or otherwise into. the possession mmission to Investigate th Assassination of President John F. Kennedy (the “W. arvon Commis @) r : telligen ce Agency Activi ties Within the United States (the “Rockefeller Con eeney, © the Senate Select Committee to Study Governmental Operatio with Respect to Intelligence Activities (the “Church Committee"), () the Select Committee on Intelligence (the “Pike Committee”) of | the House of Representatives, (E) the Select Committee on Assassi- [ Representatives; ( the Library of Covomeas toe Teta 3 o ; e Nati Ar chives and Records Administration; (H) any Presidential library, any executive agency; (J) any independent agency; (K) any othe: office of the Federal Government; and (L) any State or local Jaw enforcement office that provided support or assistance or per: formed work in connection with a Federal inquiry into the assassi: nation of President Kennedy, but does not include the auto records donated by the Kennedy. family to the National Archiv pursuant to a deed of gift regulating access to those records, o BA definition of Colles ca ae Teoard. , . ion on” ig and means the Presid John F. Kennedy Assassination Records Collection established under section 4. ti oy’ . : executive agency” means an executi defined in subsection 552(f) of title 6, United States Code" an int cludes any executive department, military department, "Govern, ment corporation, Government controlled corporation, or other es! tablishment in the executive branch of the Government, including the Executive Office of the President, or any independent regula. “2 “Government office”, another added term, means any office of the Federal Government that has possession or control Of assess. nation records, including (A) the House Committee on Administra. tion with regard to the ; Committee on Assassinations of the records of the House of Representatives; (B) the Select committee
14-00000 ; ‘| on Intelligence of the Senate with regard to records of the Senate Select Committee to Study mnmeéntal Operations with ' to Intelligence Activities and other assassination records; (C) the Library of Congress; (D) the National Archives as custodian of as- sassination 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 Ac- tivities in the United States; and | ©) -any other executive branch ce or agency, and any independent agency. ; ; 6. As used in the law, “Identification aid” means the written de- scription prepared for each record as required im section 4, co ‘l. “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. As used in the law, “Official investigation” means the reviews of the assassination of President Kennedy conducted by any Presi- dential 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. . . . The term “Originating body’ means the executive agency, Government commission, congressional committee, or other govern- mental entity that created a record of particular information within a record. 10. A definition of “Public interest” is added and means the com- ing interest in the prompt public disclosure of assassination ort fall Se the we je about the histo pose ly informing the erican people ut the ry sur- rounding the assassination of President Kennedy. il. As used in the lew, “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, re- gardless of its physical form or characteristics. oo. 12. Reference to the “Review Board” means the Assassination Records Review Board established by section 7. 13. Another newly added term, “Third agency”, means a Govern- ment 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. The law provides generally that, not later than 60 days after the date of its enactment, the National Archives and Records Adminis- tration must begin establishing a collection of records to be known as the President John F. Kennedy Assassination Records Collec- tion. In so doing, the Archivist ensures the physical integrity and ~ original provenance of all collection records. The Collection consists of copies of all Government records rela’ to the assassination of President Kennedy, transmitted to the National Archives in ac- cordance with section 2107 of title 44, United States Code. The term “original provenance” is a term of art among archivists and in this application is intended to preserve and ive records ac- governmental purposes and-for the pur- - : 37 co} to their point of origin (e.g., CIA records remain archive with CIA records, legislative branch records remain archived wit legislative branch records) even though the public is provided wit | index. The Archivist prepares and publishes a subject guidebao _and index to the collection. It is intended that the subject guid: book and index be prepared and made available as it is accumula ed, and not waiting for public dissemination until the Collection i ultimately complete. Over time, it is intended that successive ed tions of the guidebook and index will be published and updats Furthermore, it is intended that copies of the guidebook an inde will be made available to depository libraries. i Furthermore, the Collection includes (A) all assassination record that have been transmitted to the National Archives or disclosed t the public in an unredacted form prior to the date of enactment the law, that are required to be transmitted to the National A chives, or the disclosure of which is postponed under the law; (B) central directory comprised of identification aids created for ea: record transmitted to the Archivist under section 5; and (C) Review Board records as required by the law. The term “unredacted” or “redacted” in this Act refers t records or parts of records which have been publicly released bi the government in an edited version in which any part of a recor is “blacked out” or is otherwise excised from a document. All assassination records transmitted to the National Archive for ficlosure to the public are included in fe Collection and adr ailable > the pu ‘or inspection and copying at the Natior al Archives within 30 days after the transmission to the Nation ves, The Archivist is authorized to ch: fees for copying assassin on records and to grant waivers of such fees pursuant to th standards established by section 552(a\(4) of title 5, United State | Code, a rovision of the m of Information Act. Th lection is preserved, protected, archived, and made op a able to the public at the National Archives usin: g iati authorized, specified, and restricted for use under the terms of 1 Ww. The National Archives, in consultation with the Information & curity Oversight. Office, ensures the securi postpo snatlon record in te Collection,” *y of the postponed e Commi on ernment rations of resentatives and the fommities ore Governuente faire of th are. vested with continui S eROOtaL 4 Pia spect to the Collection. md oversight jurisdiction with Sec. 5. Review, identification, transmission to the National A chi and piblic disc. inati by Go. ¢ ves, an public losure of assassination records by Got Section 5(a) generally provides that, as soo: i the date of enactment of the law, cack Government Offies eae and 0 ani ite records relating to the assassination of Presiden | inclusion in ths Collection OF lmangmiasion to the Archivist f '
74-0000 38 _ No assassination record shall be destroyed, altered, or mutilated way. No assassination record made available or discl to the public equred by the law, Prior to the date of enactment of the law may be withhert redact 5(d) €s that, not later than 45 days afte ed, postponed for public disclosure, or reclassified. [The term “unre. snactment of the law, the Archivist, in Consultation v "or “4 ” is defined in section 4 of this section-by-sec. . eriate Government offices, Prepares and makes a: ailab tion analysis} for use nant a andere form of sabntificati © assassination record Created by a person or entity outside of each assassination record subject ‘Government (excluding names or denen consistent Fite the re. law. The Srehivist ensures that the identification sans of section 6) may be withheld, redacted, Postponed for form agri puch trmanner a8 to result in the creation Public OSUre, Or reclaset ed, o Syetem ¢ y. en ion 5(b) indicates that during the review by Government of- compatible with other. Upon completion of an ces and pending review activity by the Revie ‘each Gov. a Sut office (A) at rinted cop ernment office Custody of its tion records for pur. ¢,describes; (B) {ranamits a printed Copy to the Rey} o Preservation, sec > and efficiency, unless the Review © attaches Printed copy to each ination record it d requires the physical er of records f of con- when it ig ted to the assinati ducting an independent and impartial review; transfer is n, which are in the Possession of the National Archives on for an admini tative hearing or other Review Board function: or # '  Sactment of the law, Ww ve been Publicly a 8 a third agency record described in subsection. (e\2\C), their entirety without redaction, are made available Section 5(c) Provides that, not later than 300 days after the date tion without ey Additional review by the Review of enactment of the law, each Government office reviews, identi. __ an ides : stion ain¢er the law, and thee Pequired es, and o i i tion record in its or . ntifica a req © Archivist, session for disclosure to the public, review by the Review Board, Shiva?) Provides that each Government office and tr, ission to the ivist. In t this require: the Archivist, and makes available to the Public, not later ment, a Government office (A) determines which of its records are days after the date of t of th ation - records: (B) determines which of its assassination i that licly incl reco ve been osed or publicly available in a com. cly available on the date of enactment of the Plete and form [the te: “unredacted” or. “redacted” in d ent, or withholding under the Act is defined in section of this section-by-section analysis}; the ransmit to hivist, Pproval for (C) determines which of ; essination records, or icular in. the [ov e® Board or 4pon completio er action ay Ormation oo. such rd, was creg by a third e law, all © public disclosure of agency or by another Government office, and transmits to a third peen Postponed, in whole or in part, under the agency or other Government office those records, or Particular in- 5.2 become Part of the protected Collection, : formation contained in those records, or complete and accurate cl Section of indicates that an assassination record, the public d Devise, thereof; (D) determines Whether its assassination records or the we Pi which has been postponed, shall, ity wing transmission || standav for poration nannee mole dee Bre ar the avy as the origi ating b oF such. tis the gana P ation son or nemen ublic di Under the law, ‘an Te. i e as the oration i specifies on the identification ald uired by subsection (4) the ap- Program has been established at the National Archives, as requir Plicable Postponement provision contained in section 6; (E) orga- migettion 4(e)2) . Sodin os nizes an es available fo the Review Board sil assassination Section 6(g) igimap odie review of all Postponed or redact records identified under subparagraph (D), the Public disclosure of with by the mfinating agency and the Archivist, Consiste which, in whole or in Part, ene Postponed under the law; ® HeXBKR® (The tenendations of the Review Board fader Secti: 7 Organizes an makes available ' Review Board an record con- 7 (ihe unr ~~ OF “red ” in thi ct ig-¢ cerning which the has any uncertainty as to Whethe- the fined in section 4 of. this ection-by-section analysis.) A perioc rite! at assassination recor Soverned by the law; (G) gives pri- tion w. must address the Public disc of additional assasan ority to the identificatic %, eview, and transmission, Under the stp rs in the Collection ander the standards of the law, 4 | standards for Postponement set forth in the law, of assassination postponed tion records determined to require contiry, records that on the date of enactment of the law are the subject of reaspenement must have an unclassified written description of 4] litigation under section 552 of title 5, United States Code; and (1) vides Theweh continued ished en's, Such description is pr 8 available to the Review Board any additional information meet, t0 the Archivist and pub ed in the Federal Regi r. ny and records that the Review Board has reason to believe it requires he ad ew of rae seessination seOrds serves to dow f for conducting.a review under the law. Srade and deg ; security clasaifi information, Finally, ea @ e Director of each ival depository established under geo. the Canation record is publicly full, and available Hon 2112 of title 44 United States Coda, expedites review, for © “ollection no later ¢ 25 years the date that ig years after the da
14-00000 40 of enactment of the law, unless. the President certifies, as required by the law, that continued mement is made necessary by an identifiable harm to the military defense, intelligence operations, or conduct of foreign relations, and the identifiable harm is of such gravity that it outweighs the public interest in disclosure. Section 5(h) authorizes executive branch agencies to charge fees for copying: assassination records and to grant waivers-of such fees pursuant to the standards established by section 562(a\(4) of title 5,- nited States Code, a provision of the lom of Information Act. 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 Hmitations of the law if there is clear and convincing evidence " (1) the threat to the military defense, intelligence operations, or conduct of foreign relations of the United States posed by the public disclosure of the assassination is of such gravity that . it outweighs the public interest, and such public disclosure would reveal (A) an intelligence agent whose identity current! requires protection; (8) an intelligence source or method whic is currently utilized, or reasonab. expected to be utilized, b the United States Government and which has not been official- ly disclosed, the 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; _ (2) the public disclosure of the assassination récord 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; coe (3) the public disclosure of the assassination record could rea- sonably 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 confidential- ity 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 ee ; (5) the public disclosure of the assassination record would reveal a security or protective procedure currently utilized, or other Government agency responsible for protecting Govern: other ernment agency. respo @ tor ern- ment 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. Section 7 establishes the Assassinations Records Review Board as an independent agency. The President, by and with the advice and consent, of the Senate, appoints, without regard to political affili- ation, 5.citizens to serve as members of the ew Board to ensure ' mental Affeirs of the Senate. The Committee on Governmental Affairs of the Senate holds cp = 41. and facilitate the review, transmission to the Archivist, and publi disclosure of Government records related to the assassination) President Kennedy. The President makes nominations to Review Board not actment of the law. Board, than 30 days thereafter. The President makes nominations to the Review Board after coi American Historical Associ: sidering persons recommended by the tion, the Organization of American Historians, the Society American Archivists, and the American Bar Association. If one these organizations does not recommend at least 2 nominees mie . ing the stated qualifications by the date that is 45 days after date of enactment of the law, the Presi Yo additional nominations. Persons nominated to the Review Board (A) must be impa: rivate citizens, none of whom is presently employed by ranch of the Government, and none of whom have had previous involvement with any official investigation or inquiry co : ident considers for nomin: tion the persons recommended by the other specified organization The, President also may request a specified organization to subm Best € r than 90 calendar days after the date of et | If the Senate votes not to confirm a nomination to the’ Revie _ the President makes an additional nomination not late ucted by a Federal, State, or local overnment, relating to ela @ sassination of President Kennedy; (B) must be distinguished sons of high national professional reputation in their respecti\ fields who are capable of exercising the independent and objectis gmen y to the fulfillment of their role in ensuring dr tating the review, transmission to the public, and public di closure of records related to the assassination of President Kenn ju ent necessary to dy and who possess an appreciation of the value of such material e public, scholars, and government; and (C) must include at lea: 1 professional historian and 1 attorn ey. . Review Board nominees are to be granted the necessary sec: rity clearances in an accelerated manner subject to.the standa ting such clearances. Furthermore, all nom or for th nees must or the necessary security clearance prior being considered for confirmation by the Committee on t firmation hearings within 30 days in which the Senate is in after the nomination of 8 Review Board members. The Commitk votes on the nominations within 14 days in which the Senate is i session after the confirmation h , and reports its resul the full Senate: immediately. The Senate then votes on each nom nee to confirm or reject within 14 days in which the Senate is session after receiving the report from the Committee om Gover mental Affairs. A vacancy on the Review Board is filled in the same manner of the vacancy. Oo The members of the Review Board elect one of its members chairperson at its initial meeting. No member of the Review Board is to be removed from offic | other than by impeachment and conviction; or by the action of t $3 1 { ee = ¢ i mete 1p specified for original appointment within 30 days of the occurren: ge i
14-00000 42 48 President for inefficiency, neglect of duty, malfeasance in office, to its responsibilities under the law; (D) require any Governme physical disability, mental incapacity, or any other condition that - office to account in writing for the destruction of any records rel: . tantially impairs the performance of the member's duties. . ing to the assassination of President Kennedy; (E) receive inform Ia member of the Review Board is removed from office, and tion from the public regarding the identification and public dise that removal is by the President, not later than 10 days after the sure of assassination records; and (F) hold heari administ removal, the President must submit to the Co on Govern- oaths, and subpoena witnesses and documents. Such a subpoe) ment tions of the House of Representatives and the Commit- may be enforced by any appropriate Federal court acting p . tee on ernmental Affairs of the mate & report specifying the to a lawful request of the R iew Board. Also, the Retiee facts found and the grounds for the removal. ermore, the shall be considered to be an agency of the Untied States for pt President must publish in the Federal Register a report on the re- poses of section 6001 of title 18, United States Code, and may iss moval, except that the President may, if necessary to protect the interpretive regulations regarding its duties and responsibilities, rights of a person named in the report or to prevent undue inter- The Committee on Government Operations of the House of Re | ference with any pending prosecution, postpone or refrain from resentatives and the Committee on Governmental Affairs of |t] publishing any or all of the report until the completion of such Senate have continuing oversight jurisdiction with to |t] nding cases or pursuant to privacy protection requirements in official conduct of the Review Board and the tion of law. . ; . poned records after termination of the Review and ls A member of the Review Board removed from office may obtain access to any records held or created by the Review Board. judicial review of the removal in a civil action commenced in the Review Board, in turn, has the duty to cooperate with the exerci; nited States District Court for the District of Columbia. The of suth oversight jurisdiction. member may be reinstated or granted other appropriate relief by The A mi ator of the General Services Administration pr order of the court. . J vides administrative services for the Review Board on a reimburs: A member of the Review Board is compensated at a rate equal to ble basis, — the daily equivalent of the annual rate of basic pay prescribed for The Review Board and the terms of its members terminate in level IV of the Executive Schedule under section 5315 of title 5, later than 2 years after the date of enactment of the law, excey United States Code, for each day (including travel time) during that the Review Board may, by majority vote, extend its term ft which the member is engaged in the ormance of the duties of an additional 1-year period if it has not completed its work withi | the Review Board. A member of the Review Board also is allowed __ that 2-year period. Upon its termination, the Review Board submit reasonable travel expenses, including per diem in lieu of subsist- reports to the lent and the Congress, including a complet @ ence, at rates for employees of agencies under subchapter I of cha and accurate accounting of expenditures during its existence, an ter 57 of title 5, United States Code, while away from the member 8 ; must complete all other reporting requirements under the lav home or regular place of business in the performance of services Upon termination and winding up, the Review Board transfers for the Review Board. ; of its records to the Archivist for inclusion in the Collection, an ing duties and responsibilities, the. Review Board consid. no record of the Review Board shall be destroyed. ecigi rmination a Governmen . . office to sak: fo postpone the decogure of maz ation records. In Me a Amtattination Records Review Board pertonnel | carrying out this the Review Board considers and renders de- on provi es support nnel for the ‘Review Board. No cisions as to whether a record constitutes an assassination record; later than 45 days after the Initial meeting of the Review Board and whether an assassination record or parti information in a the Review Board appoints one citizen, without regard to politica | record qualifies for postponement of disclosure under the law. affiliation, to the position of Executive Director. This in ividua The Review Board has the authority to act in a manner pre- must be a private citizen of integrity and impartiality who is a scribed under the law, including authority to (A) direct Govern- pnguished professional and who is not a present employee of any § ment offices to complete identification aids and organize assassina- ranch of the Government and has had no previous involvement | tion records; (B) direct Government offices to transmit to the Archi- with an official investigation or inquiry relating to the ina. vist assassination records as required under the law, including seg- : tion of President Kennedy. A candidate for Executive Director is te ' regable portions of assassination records, and substitutes and sum- granted the necessary security clearances in an accelerated maries of assassination records that can be publicly disclosed to the manner subject to the standard procedures for granting such clear. fullest extent; (C) obtain access to assassination records that have ances, and must quality for the necessary security clearance prior | been identified and organized by a Government office: direct a Gov- to being approved by the Review Board. © : ernment office to make available to the Review Board, and if ‘neces The Executive r serves as principal liaison to Government sary investigate the facts surrounding the disposition of additional offices, is responsible for the administration and coordination of § information, records, or testimony from individuals, which the 1 r Review Board’s review of records and for the administration of [ Review Board has reason to believe is required to fulfill its func- ah official activities conducted by the Review Board, but has no au- | tions and responsibilities under the law; and subpoena private per- thority to decide or determine whether any record should be dis- 7 sons to compel testimony, records, and other information relevant closed to the public or postponed for disclosure. :
14-0000 44 . The Executive Director is not to 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, phys- - ical disability, mental incapacity, or any other condition that sub- stantially impairs the performance of the responsibilities of the Ex- ecutive Di r or the staff of the Review Additionally, the Review Board may, in accordance with the civil service laws, but without regard to civil service law and regulation for competitive service as defined in subchapter 1, chapter 33 of . title 6, United States Code, appoint. and terminate other personnel as are necessary to enable the Review Board and its Executive Di- rector to perform its duties. A person appointed to the staff of the Review Board must be a private citizen of integrity and impartial- ity who is not a present employee of any branch of the Government and who has no previous involvement with any official investi- tion or inquiry relating to the assassination of ident Kenne- . Each staff candidate is to be granted the necessary security clearances in an accelerated manner subject to the standard proce- dures for granting such clearances, and must ques the neces- sary security clearance prior to being approved the Review The Review Board fixes the com tion of the Executive Direc- tor and other personnel in acco ce with title 5, United States Code, except that the rate of for the Executive Director and other personnel may not excee rate payable for level V of the Executive Schedule under section 5316 of that title. The Review Board also is authorized to create advisory commit- tees to assist in fulfilling the responsibilities of the Review Board under the law. Any advisory committee created by the Review Board is subject to the Federal Advisory Committee Act (5 U.S.C. pp). . ; Sec. 9. Review of records by the Assassination Records Review Board. . Section 9 specifies conditions and arrangements for the Review Board’s examination of assassination records, beginning with custo- dy considerations. Pending the outcome of the Review Board's review activity, a Government office retains custody of its assassi- nation records for purposes of preservation, sécurity, and efficiency, unless the Review Board requires the physical transfer of reco ' for reasons of conducting an independent and impartial review or such transfer is necessary for an administrative hearing or other official Review Board function. ; . The Review Board, not later than 90 days after the date of its appointment, publishes in the Federal Register a schedule for review of all assassination records, and, not later than 180 days after the date of enactment of the law, begins its review of assassi- nation records pursuarit to the provisions of the law. It is intended that two priorities be established by government offices as they begin their review of assassination records: All assassination records which have been previously released in a redacted form, and all assassination records which were the subject of Freedom of Information Act litigation at the time of enactment. As the public is already familiar with previously released records, it is essential - glosure. 5 that the fullest le disclosure of these records be obtained the public as early as possible. As stated elsewhere, the importan of m the review and disclosure of records at issue in lor of Information Act litigation is to expedite public access, and sto the continued expense to the government, taxpayers, and Freedom of Information Act requesters involved in the legal battles over dis The Review Board directs that all assassination records be trang. mitted to the Archivist and disclosed to the public in the Collection in the absence of clear and convincing evidence that a Government record is not an assassination record or a Government record or particular information within an assassination record qualifies for postponement of public disclosure under the law. It is intended that all records approved for full disclosure in an unredacted form should be transmitted immediately to the Archivist and made available to the public. _ In approving ement of public disclosure of an assassina. tion record, the Review Board seeks to provide for the disclosure oi segregable parts, substitutes, or summaries of such a record, ani determines, in consultation with the originating body and consi ent with the standards for postponement under the law, which of the following alternatives forms of disclosure shall be made by the originating body: (1) any reasonably segregable particular informa- tion in an assassination record; (2) a substitute record for that in- formation which is postponed; or (8) a: of an assassination record. A substitute record” is a record which accurately reflects contents of a record requiring protection to such an extent that actual record, eased : redacted form. While it is intended that ° ment office shall have the ability to issue such substitutes ors sunt maries in lieu of an actual record, this practice should be limited to the rarest cases if ever, with the understanding that the release of information other than official records will perpetuate public dis- trust ndermine public co i 1 - sibili to disclose the assassination records. Government's =r , With respect to each assassination record or icular inf - tion in assassination records the public discl osure of which is post. poned pursuant to section 6, or for which y substitutions or summaries have been disclosed to the public, the Review Board cre- ; by originating body, th President, or any Government office (including a huatificeton of any such action to postpone disclosure of any record or part of any record) and of any o icia), proceedings conducted by the Revi Board with to ¢. assassination records; and a state- ment, based on a review of the proceedings and in conformity with the decisions reflected therein, designating a recommended speci. fied time at which or a specified occurrence following which th material may be appropriately disclosed to the public under th Following ita review and a determination that an assassination disclosure and held in the protected Collection we” Pe ed
14-00000 46 "notifies the head of the originating body of its determination and \ publishes a copy of the determination in the Federal Registe within 14 days after the determination is made. Contemporaneous notice is made to the President for Review Board determinations regarding executive branch assassination records, and to the over- sight committees designated in the law in the case of legislative branch records. Such notice must contain a written unclassified justification for public disclosure or ement of disclosure, in- cluding an explanation of the application of any standards con- tained in section 6. J . . Specification is made of Presidential. authority over Review Board determinations. After the Review Board has made a formal determination concerning the public disclosure or postponement of disclosure of an executive branch assassination record or informa- tion within such a record, or of any information contained in a as- sassination record, obtained or developed solely. within the execu- tive branch, the President has the sole and nondelegable authority to require the disclosure or postponement of such record or infor- mation under the standards set forth in section 6, and the Presi- dent must provide the Review Board with an unclassified written certification specifying his decision within 30 days after the Review Board’s determination and notice to the executive branch agency as required under the law, stating the justification for his decision, including the applicable grounds or postponement under section 6, accompanied by a copy of the identification aid required under sec- on 4, Any executive branch assassination record postponed by the President is subject to the requirements of periodic review, down- ing and declessification of classified information, and public isclosure in the collection set forth in section 4. The term “down- grading” refers to reducing the level of information classification, er example, from TOP § to SECRET to CONFIDENTIAL to The Review Board must, 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 te postponement the release of assassination records. Every 30 calendar days, inning on the date that is 60 calen- dar days after the date on which the Review Board first approves the postponement of disclosure of an assassination record, the Review Board must 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 @ description of the subject, origineting. agency, length or other physical description, and each ground for postpone- ment that is relied upon. _ . ‘The Review reports its activities to the leadership of the Congress, the Committee on Government Operations of the House of Representatives, the Committee on Governmental Affairs of the Senate, the President, the Archivist, and the head of any Govern- ment office whose records have been the subject of Review Board activity. The first report is issued on the date that. is 1 year after the date of enactment of the law, and subsequent reports every 12 - chivist, and public disclosure of assassination records; (C) the - needs; and (G) an appendix containing copies of reports of po 4a | months thereafter until termination of the Review Board. Su report must include (A) a financial report of the expenses for i official activities and requirements of the Review Board an personnel; (B) the progress made on review, transmission to the Pw mated time and volume of assassination records involved in completion of the Review Board's performance under the law; any special problems, including requests and the level of coope tion of Government offices, with regard to the ability of the Revi: Board to operate. as required by the law; (E) a record of review : tivities, including a record of postponement decisions by the Revi Board or other related actions authorized by the law, and a : of the volume of records reviewed and postponed; (F) () and requests to the Congress for additional legislative authori om Oe = poned. records to the Archivist required under section 9(cX8) ma since the date of the preceding report under this subsection. At least 90 calendar days before completing its works, Review Board must provide written notice to the President and |t Congress of its intention to terminate its operations at a specifi ee Sec. 10. Disclosure of other materials and additional study. _ Section 10 provides guidance regarding the release of assassir | tion records outside of the immediate purview of the Review ae It may request the Attorney General to petition any court in t @ United States or abroad to release any information relevant to t assassination of President Kennedy that is held under seal of t court. The Review Board also may request the Attorney General petition any court in the United States to release any informati relevant to the assassination of President Kennedy that is h under the injunction of secrecy of a grand jury. The section is cates, in this instance, that a request for disclosure of assassinati’ materials under the law shall be deemed to constitute a showing particularized need under Rule 6 of the Federal Rules of Crimi = lure. In addition, three sense of the Congress provisions specify th (1) the Attorney General should assist the Review Board in gO faith to unseal any records that the Review Board determines to | relevant and held Junder seal by a court or under the injunction & secrecy of a grand jury; (2) the Secretary of State should con the Government of the Republic of Russia and seek the-disclos of all records of the Government of the former Soviet Union, i cluding the records of the Komitet Gosudarstvennoy Bezopasno: (KGB) and the Glaynoye Razvedyvatelnoye Upravleniye (GRU), m | evant to the assassination of President Kennedy, and contact ar other foreign government that may hold information relevant: the assassination of President Kennedy and seek disclosure of suc information; and (8) all executive agencies should cooperate in fu | with the Review Board to seek the disclosure of all information re f evant to the assassination of President Kennedy consistent wit the public interest. . _. 7 oe rap
14-00000 48 Sec. 11. Rules of construction. (Section 11 sets forth the rules of construction regarding the atat- ute. When the President John F. Kennedy Assassination Records Col- lection Act requires transmission of a record to the Archivist or public disclosure, it is to take precedence over any other law {except section 6103 of the Internal Revenue Code), judicial decision — construing such law, or common law doctrine that would otherwise prohibit such transmission or disclosure, with the exception of deeds governing access to or transfer or release of gifts and dona- tions of records to the United States Government. Nothing in the statute is to 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, which is the Freedom of Information Act. Nothing in the law is to 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 the statute. . Nothing in the law revokes or limits the existing authority of the President, any executive agency, the Senate, or the House of Repre- sentatives, or any other entity of the Government to publicly dis- close records in its possession. . Finally, to the extent that any provision of the statute estab- lishes a procedure to be followed in the Senate or the House of Representatives, such provision is adopted as an exercise of the rulemaking power of the Senate and House of Representatives, re- spectively, and is to be deemed to be part of the rules of each - House, respectively, but applicable only with respect to the proce- dure to be followed in that House, and it supersedes other rules only to the extent that it is inconsistent with such rules, and 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. See. 12. Termination of effect of act. The section provides that the provisions of the law that pertain- to the appointment and operation of the Review Board cease to be effective when the Review Board and the terms of its members have terminated pursuant to section 7(0). The remaining provisions of the law, however, continue in effect until such time as the Ar- chivist certifies to the President and the Congress that all assassi- nation records have been made available to the public in accord- ance with the statute. ‘ Sec. 19. Authorization of appropriations. The section authorizes to be appropriated such sums as are nec- essary to carry out the law, to remain available until expended. Until such time as funds are appropriated pursuant to the forego- ing proviso, the President is authorized to use such sums as are available for discretionary use to carry out the law. ; acter to contain an evaluation of the regulatory impact of the legis- C 49 Sec. 14. Severability. Specification is made that, if any provision of the law or the ap- plication thereof to any person or circumstance is held invalid, the remainder of the statute and the application of that provision to other _persons not similarly situated or to other circumstances is not affected by the invalidation. ‘ Vil. REGULATORY IMPACT Rule 26.11b of the Standing Rules of the Senate requires the report accompanying each bill or joint resolution of a public char- lation. The evaluation must include the four elements listed below. | 1, An estimate of the number of individuals and businesses who would be regulated and a determination of the ups and classes of such individuals and businesses. S. 3006, would not result in any additional regulation to any individuals or businesses. 2. A determination of the economic impact of such regulation on the individuals, consumers, and businesses affected. Not applicable. _3. A determination of the impact on the personal privacy of indi- viduals affected. S. 3006, establishes clear standards for the protec- tion of personal privacy. Under Section 6(8), assassination records may be postponed “‘public disclosure of the record could reasonably be expected to constitute an unwarranted invasion of personal pri- vacy, and that invasion of priv is so substantial that it out- weighs the public interest’ in disclosure. In addition, the applica- tion of other standards for disclosure may result in the postpone- ment [under Section 6(1XA)] of “an intelligence agent whose identi & current] requires protection” as well as postponement [under | m_6(2)] of “the name or identity of a living person who provid- ed confidential information to the United States and would pose a substantial risk of harm to that person.” These standards are spe-| cifically intended to reduce. the unwarranted or unreasonable impact on the personal privacy of individuals in a manner consist- ent with the requirements for public disclosure of records by the egisiation. . 4, An estimate of the amount of additional paperwork that will result from the regulations to be promulgated pursuant to the leg- islation, including estimates of the amount of time and financial cost required of affected parties, as well as reasonable estimates of the recordkeeping requirement that may be associated with the | regislation. No additional paperwork is imposed on the public by S. VI. COST IMPACT Letter from the Congressional Budget Office JuLy 14, 1992. irman, mmission on Go tal Affai Wastin es Rn vernmen: ffairs, US. Senate, Dear Mr. Cuarmman: The Co: ional Budget viewed §. 3006, the President John F. Kennet ince pas re Records Collection Act of 1992, as ordered reported by the Senate
14-00000 tee een ee . of about $0.6 million annually’ fo 50 ’ Committee.on Governmental Affairs on June 25, 1992. We estimate that implementing this resolution would cost the federal govern- . ment about $4.5 million a year from 1993 through 1995, assuming . appropriation of the necessary. funds. This resolution ‘would not ect direct spending or receipts. Therefore, pay-as-you-go proce- dures would not apply. S. 3006 would create, as an independent agency, the Assassina- tion Records Review Board to consist of five members appointed by the President. After federal agencies have had 300 days to release - ‘to the National Archives any unedited assassination records for patie inspection, the board would have the authority to examine remaining records held by a federal agency or by the Congress that the board -determines are related to the assassination of Presi- dent Kennedy. The board would then decide whether the records should be transferred to the National Archives to be available to the public or whether public release should be postponed for na- tional security or privacy reasons. Depending on the source of the records, the House, the Senate, or the President would be able to postpone the availability of records that the board considers appro- priate to make public. The board would be able to hire an Execu- tive Director and additional personnel as needed. It would have two years to complete its work, but would be authorized to contin- ue for a third year before it would terminate. CBO expects that the board would use all three years allowed to conduct its review. The primary expense stemming from this review would be the cost of employees hired by the board and those at several federal agencies which would have to read through the 1 million or so pages.of documents relating to President Kennedy’s assassination that are still not released. Based on information from the National Archives and other affected agencies about the likely process and timing for reviewing the records, we estimate that it would take about 40 employees at federal agencies to conduct the initial review of records in the allotted 300 days, at a cost of about $2 million in fiscal year 1993. We estimate that the.board would need a staff of up te 35 employees to review all the records within the required three-year period, at a cost of about $1.8 million annu- ally. In addition, agencies that currently hold the records would need to assign staff to conduct a parallel review so that the Presi- dent can decide whether to postpone the release of records that the board decides should be released. Such a parallel review could re- quire the equivalent of up to 85 employees, representing about $1.8 million in annual staff resources. The review board itself would additional appropriations rv ss director, a counsel, support staff, overhead, and the cost of board meetings. In addition, the Na- tional Archives, which eventually would receive all the releasable -records into a President John F. Kennedy Assassination Records Collection, would ‘spend about $0.6 million over the next three years to compile:a subject guide index to the records in the collec- _tion to assist the public in locating reco records. Enactment of this bill would not affect the budgets of state or local governments. 51 If you wish further details on this estimate, we would be pleased to provide them. The CBO staff contact is James Hearn, who cah . be reached at 226-2860. cerely, Rosest D. REiscHavEr, Director. Congressional Budget Office—cost estimate summary 1, Bill number: S, 3006. 2. Bill title: President John F. Kennedy Assassination Records Collection Act. 8. Bill status: As ordered reported by the Senate Committee on Governmental Affairs on June 25, 1992. 4, Bill purpose: To authorize the appropriation of $4.5 million ja year in 1993, and 1994, and 1995 for the expedited review and public disclosure of records related to the assassination of Presi- dent John F. Kennedy. The legislation requires existing agencies and staff to fulfill responsibilities under the Act, and in addition creates the Assassination Records Review Board as an independent agency in the executive branch. 5. Estimated cost to the Federal Government: $4.5 million. Basis of estimate: See letter above. - §, Estimated cost to State and local governments: None. 7. Estimate comparison: None. 8. Previous CBO estimate: None. 9. Estimate prepared by: James Hearn. 10. Estimate approved by: Robert D. Reischauer. .
14-00000 , Curononoay AND BackaRrounp InvormaTion Aout Tas Recorng APPENDIX OF PRESIDENTIAL COMMISSIONS AND CONGRESSIONAL Comurrrers Wace Invesricatep THE ASSASSINATION or Presment Joun F! 4 out Warren Commission: November 29, 1969-September 24, The Rockefeller Commission: January 5, 1975-July 6, 1975. The Church Committee: January 27, 1975-May 31, 1976. | ben ne House Assassinations Committee: October 17, 1976-Decem- x ° ° - . , THE WARREN COMMISSION Summary ‘ j Creation and Appointment of Members: President Lyndon B5. ohngon. . Purpose: To Investigate the Assassination of President John F. Date of Creation: November 29, 1963. Date of Termination: September 24, 1964, Date of Report: September 24, 1964. . reiflease. of Records: By at onal Archives and Records Adminis ion. Ninety-eight percent com te. Twenty-six volumes of hear- ings and testimony, on September 24, 1964. Additional release of records including documents, studies, and materials from other Federal and State.agencies: 860 cubic feet of records and related material, approximately -1,000 boxes. In mid- 1992, approximately 3,000 pages of national security and privacy protected material remained withheld pending scheduled review in 1395 phe Archivist requested agencies to conduct an earlier review m ° : : Cost of Inquiry: $10 million. . On November 29, 1968, seven days after the assassination of President John F. Kennedy, President Lyndon B. Johnson issued Executive Order 11180 creating the Commission to Investigate the | Assassination of President John F. Kennedy.! On September 24, | 1964, the Commission presented its report and twenty-six volumes of appendices to the President including fifteen volumes of hear- \ Earl Warren, Chisf Justice of the United States (Chairman), and its members included two of Reprosenitives Gere ae aia John Sherman Cooper, two members of the Hue of Gerald EB. Ford and Hale Boggs; former of Central Intelligence, Alan ~ Dulles; and a farmer Commissioner of Germany and attorney, John McCloy. . (68)
14-00000 54 ings testimony and eleven volumes of exhibits. During its ten- month existence the cost of the Commission exceeded $10 million.* The Commission relied directly on Federal and | State investiga- tive agencies to carry out its investigations. The “reco of the Commission therefore, are a combination of its own work and ac- tivities, along with numerous reports and related records from other agencies. According to the “Inventory of the. Records of the President’s Commission on the Assassination of President Kenne- dy” compiled by the National Archives, there are approximately 360 cubic feet of records and related material (an estimated 1,000 boxes).* These include the minutes of Commission and staff meet- ings, agenda, proceedings, transcripts of testimony, depositions, and affidavits; correspondence and memorandums; summary reports re- lating to the assassination and to Lee Harvey Oswald, prepared by the Federal Bureau of Investigation, the Secret Service, the Central Intelligence Agency, other Federal agencies, State authorities, and rivate citizens. In 1965, agencies whése materials comprise the Commission records first met to review agency records, and estab- lish a schedule for future review. At that time 80% of all material was released. Future review was conducted in 1970, 1975, and other reviews are scheduled to occur in 1995 and every ten years thereaf- ter. Approxima tely 98% of all records have now been made public- ly avai of security classified and privacy protected documents. The 1905 review hhas been now scheduled to take place in 1992, and the National Archives expects the number of ld materials to be reduced to 500 pages. In addition to the Warren Commission records, the National Archives maintains Secret Service files with 12-15 boxes, mostly paper documents, a copy of the Zapruder film, and radio tapes of reports of the assassination. The Archives al has certain records of the Department of Justice Criminal Division case file which is predominantly mail and letters received by the Department along with constitutent letters referred to the Depart: ment by Members of Congress. Lastly, the Ford President Li brary has documents from the Military District of Columbia wi regard to funeral arrangements for President Kennedy. id of the Select Comnalttes n Assessinations, U.S. House of Representatives, 95th Con- é Records of the Fi of President i of the President's Commission on the Assestination Kenny: Hesord Group 272. Compiiod by Marion M. Johnoos. The National Archives. Weahing: ton. 1973. p. 3. “Inveatigath weports submitted by the Federal Bureau of Investigation, the Secret Service, . and he Central ta such . various kinds of documents . as income tax returns, Sear cia eecee Picts toca ae flonot tndewess divas print proofs of tho Report of the 5 a chiro- nile pemhnd tog tier Sa Be en records relating to the in- terrogation and trial of Jack Ruby, other records... They include all ds of mission except am undetermined tity of fiscal records and folders i custody pendence in 1965]. . - Related material aleo in ons Group 200, ational Archives Cok Cone eet eee ant 181, scripts for the 1967, and X-rays an’ phote- ais een relating vo ae 7 Ron, Nhe A Archives and Records Administration, April 8, 1992, in discussions with Committes staif. ble. The remaining 2% constitutes approximately 3,000 . _ tempted to answer one question unrelated to the CIA: Whether th . pointed the r:) 55 THE ROCKEFELLER COMMISSION Summary ; ; F Creation and Appointment of Members: President Gerald F «i Purpose: To Investigate Allegations of Hegal Domestic CIA Ac Wil . Date of Creation: January §, 1976, Date of Termination: By July 6, 1975. Release of Records: Unreleased. pproximately 4,000 ) pases C materials, including Commission materials and classifi enc ' records reviewed by the Commission, are held by the Gerald F Ford Presidential Library. Additional material may be held b agencies whose retords were reviewed by the Commission includin the CIA, FBI, and the Department of State. Relevance to Kenned ination: President Gerald R. Ford created the Rockefelle Commission to investigate CIA activities in the United State: President Ford’s Executive Order creating the Commission did address the Kennedy assassination, but the Commission devoted small part of its work to the subject. The Commission attempted it answer two questions related to connections between the an possible part ipants in the assassination (E. Howard Hunt, Fran turgis, Harvey Oswald, and Jack Ruby). The Commission # <3 e President was killed by a bullet shot from a front trajectory. Th Commission conclusion for each concern was in the negative. Cost of Commission: Not available. On January 5, 1975, President Gerald R. Ford (himself a membe of the Warren Commission) issued Executive Order 11828, creati a Commission on CIA Activities Within the United. States. Th Commission was established several days after President Ford re ceived a report which he had requ from the Director of Cer tral Intelligence (DCD) on allegations of a number of serious alleg: tions that the Central Intelligence Agency conducted illegal acti ties within the United States violating the rights of private ‘ci zens. The mandate of the Commission was to determine whethe any CLA domestic activities exceeded the agency's statutory autho ity and to make appropriate recommendations. President Ford a; Commission i Vice President Nelson Rock: ler, the Commission members, and.the Executive Director.® Although President Ford did not. address the assassination President Kennedy in his executive order creating the Rockefelle Commission, either directly or by reference, the Commission’s ir * Nelson Rockefeller, Vice President of the United 8 ire ; John T. Co: > of Commerce s President Lyndon Bi dob arial Caran ond om aS Dillon, & Co. 4 on lsvestment banking finn, and former Soc of the wi and Johnson, former to France, and Under ¢ D. 3 Erwin N. Griswold, attorney, former Soli General under Presidents ehnaon and Nizon, former Dean of the Harvard Law School; Kiri “Treasurer of the j Lyman L, Lemnitzer, Ganeral USA President ef the Besse Ao on wa rues On! Edgar ¥ Shoenoe i or 5 . Commonwealth Professor of English, and former President of the University of Virginia, on, 4
14-00000 56 vestigation pursued three primary. lines of inquiry related to the assassination. These included: (1) Whether “E. Howard Hunt and - Frank Sturgis, on behalf of the CIA, personally participated in the assassination.” (2) Whether “the CIA had connections with Lee Harvey Oswald or Jack Ruby, or both of them, and that those con- nections somehow led to the assassination.” (8) Whether President Kennedy was struck in the head by a bullet from his right front, rather than from his rear as believed by the Warren Commission. The Commission's conclusion in each of these inquiries was in the negative.® ; oo . “The Commission held weekly hearings during its six month exist- ence, however, the Commission chose not to 0 n its sessions to the public for reasons of the sensitivity of the 8 intelligence and counterintelligence activities, and national security. The Commis- sion’s Report does not address the disposition of its records, wheth- er the CIA records reviewed were ever transferred outside the agency for purposes of review, the review of records from other agencies, or the whereabouts of Commission records such as inter- views with CIA personnel and other sources. The former Executive Director of the Commission, stated that pe had i no knowles e of where the Commission’s records were sent, an 2 dom of Information Act request made in-1975 to disclose the Com- mission’s records was denied. . The existence and scope of relevant records is not fully known by the Committee. Archivists at-the Ford Presidential Library state that President Ford donated Rockefeller Commission records to the Library as part of his personal papers. Approximately 4,000 pages of this material pertains to the investigation of the Kennedy. assas- sination. Such material has been identified through existing find- ing aids, file marking, and efforts by Ford Library archivists to | trace subjects and names discussed in these materials to other source material used and developed by the Commission. These ma- terials can be divided between records related to the work of the Commission on the assassination specifically, and the work of the Commission and other agencies with to Cuba and Fide. Castro. The Commission ranges from administrative files to the Zapruder film, and includes depositions, official and unofficial transcripts of interviews and testimony, and other materials. ‘The agency records include a variety’ of classified documents, including . * Report to the President the Commision on CIA Activities Within the United States, dune 1976. pp. 251, 269. Shaye 19 of the Report | Allegations Concerning g the Assassination of President Honawiy pearson page 21 through 28, The Commis ee eaetin 19 states: “Numerous allegations have been that the CIA participated of President John F. Kennedy. The Commission staff in these n the basie of the staff's investigati . the Commission concluded there was no eredible evidence invelvement” (page 269). With regard to the in . m of whether Predent eae an have been shot from the front direction, the Commission ‘our edical epecia a fects, 19, the Commission states with to ofa basis of the investigation ucted by i , the Commission believes that struck by a bullet fired from cither ¢ , at or Fight si otions of the President's head and body o that tuk han in he hed ag fly conan wth that chot having come Com, pint 1 is rear, above him and tty to hie right 264). . i Pref feller Commission Director David Belin made these steers eben cohaced by tape on Api 2,1 by Ma Susanne Cevangh, Ong gional Research Servica, Library of Congress. . On the basis ~ 57 interagency materials, and records of specific agencies. The Ford Library is attempting to make the Commission records available the public at the Library in June 1992. The Ford Library is no planning to seek declassification and release of the agency materi; al, but will follow its established procedures of offering researche at list of such records, and theri seeking agency declassification a’ the researchers’ request. ; THE CHURCH COMMITTEE Summary Creation and Appointment of Members: United States Senate. Purpose: Community. _ Date of Creation: January 27, 1976. . Date of Termination: May 31, 1976. we® of Report: Senate Report No. 94-775. 94th Cong., 2d Session! Release of Records: Records in custody of Senate Select Commi tee on Intelligence. No records released. No disclosure date set Records not subject to Senate rules governing access to non-curren Senate records. Records of the Church Committee include those pertaining to its investigation of performance of intelligence agen} cies in investigating the assassination and assisting the Warren Commission: Interviews and depositions of witnesses, documentary evidence from agencies acquired by the Committee, and documen- tary evidence reviewed at agencies. Relevance to Kennedy Assassi. nation: The Church Committee investigated “the performance of the intelligence agencies in conducting their investigation of the as: sassination and their relationshipe to the Warren Commission.” Cost of Inquiry: Not Available. ; On January 27, 1975, the Senate established by S. Res. 21, the Senate Select Committee to Study Governmental Operations with Respect to Intelligence Activities. The Select Committee was chaired by Senator Frank Church (D-IDAHO), azid was created to conduct an investigation into the extent, if any, of improper, or un- ethical activities in by agencies charged with carrying out intelligence or surveillance to gain intelligence for the Federal Government. In carrying out its mandate, Church Committee: assessed the performance of the intelligence agencies in investigat- ing the assassination of President Kennedy and in assisting the Warren Commission in its investigation. The Committee did not review the Warren Commission, its findings, conclusions, or physi- cal evidence. The Committee concluded that “both the CIA and the FBI failed in, or avoided carrying out, certain of their responsibil- ities in this matter.” The Committee went on to say, however, that! this finding “does not lead to the conclusion that there was a con- spiracy to assassinate President Kennedy.” ® ‘ "The Investigation Of The Assassination Of President John F. Kennedy: Perf The Intel co A ” Book V. Final Report af the B eo To Gindy Governmen Session. S. Rpt. No. 94-765. April 23, 1976. pp. 12 ad gress, 2d Continued : To. Investigate Unethical Activities-of U.S. Intelligence EL
14-00000 68 The Church Committee, which went out of existence on May $1, 1976, forwarded all of ita files pertaining to its investigation to the Senate Select Committee on Intelligence. The Senate Intelligence Committee has never administratively transferred these records to the National Archives thro the office of the Secretary, of the Comite ain the under : of ihe gene Commi: wit e majority, and perhaps the entirety, of the records maintained in a secure storage area at the National Ar- chives. Until they are transferred administratively to the Archives, they are not subject to S. Res. 474 that clarifies procedures for access to non-current Senate records at the National Archives. The existence of records relevant to the assassination of President Ken- nedy is reflected in a statement by the Select Committee in its Report: “In the course of this investigation, more than 50 witnesses were either interviewed or deposed. Literally tens of thousands of pages of documentary evidence were reviewed at the agencies and more than 5,000 pages were acquired. In addition, the Committee relied on a great deal of testimony taken during the course of its investigation of alleged plots to assassinate foreign leaders, espe- cially testimony of knowledge relating to these plot.” ® . THE HOUSE ASSASSINATIONS COMMITTER Summary _ Date of Creation: September 17, 1976. Date of Termination: December 31, 1977. Date of Report: March 29, 1979. House Report No. 95-1828. Addi- tional 12 volumes of testimony, documents, and exhibits re: JFK as- sassination also published by the Committee. Release of Records: Scheduled for release in 2029. Relevance to Kennedy Assassination: The Committee investigat- ed two assassinations: President John F. Kennedy and Martin Luther King, Jr. A subcommittee was created to investigate the as- sassination of President Kennedy. Cost of Inquiry: $5.5 million. On September 17, 1976, the House of Representatives established, b the House Select Committee on Assassinations Cas The. Committee was extended until March 31, 1977 by H. 222, and was further extended for the guration, of the 95th Congress by HL. Res. 43, adopted on March 30, 1977.1° During the its report 1976. Senators (DMN) Welter D. Hudilecten approve Chairman, Goldwater (R-AZ) voted againat ite release. Dee Redacted bo tre eophouriatn exenative agencies. 5Id. at p. 1. %@ Louis Stokes (D-OH), Richardson @-NC), Walter EB. Fauntroy (D-DO), Fithicn GRIN) Robe ea San wal 1 i. Devine GORD, Stewart B. #8 McKinney toy eT, pic beea fy Newel Subcommittee on the Assassination John F. nnedy chaired e custody of the Senate Intelligence © manner in which they assisted the Warren Commission. The House  Assasainati ’ tion of the assassination of President Kenned 59 30 months between the creation of the Committee in 1976 and the release of its report in 1979, its cost exceeded $5.5 million, and it used the services of over 250 ‘people. aa The House Assassinations Committee was directed “to conduct a full and complete investigation and study of the circumstances sur- unding the assassination and death of President John F. Kenne- ay” and “to determine whether there was full disclosure and shar- ing of information and evidence aniong agencies and departments of the U.S. Government d the course of all prior investiga- tions into those deaths.”. The House Assassinations Committee re- viewed the finding of the Warren Commission, evaluating the evi- dence presented to that Commission by official bodies, including Fal and the intelli ance ° communi . The Kennedy phase of the Ane ipeten ad ‘to the pro- and anti-Castro Cuban connections, the Sarre etn theory,” the involvement of organized crime, the alleged complicity of the CIA, the FBI, and the Secret Service. The Committee criticized these agericies for the ions Committee in some respects with the Warren Commission, but departed from its conclusions in its find- ing that “* * * on the basis of the evidence available to it, that President John F. Kennedy was probably assassinated as a result of a conspiracy.” 17 The Committee went out of existence with the expiration of the 96th Co (1977.22 The Committee's report was published on March 1979, a year and one-half after the Committee completed its investigation: Along with the report, the Committee published 12 volumes of testimony and exhibits, total- ing over 7300 pages of material, specifically jelated to its investiga- Custody of its files passed to the House Pormanent Select Com- mittee on Intelligence. Its files were deposited at the National Ar- chives, where, in accordance with prevailing rules of the House of Representatives, they are sealed for fifty years, until the year 2029. A resolution to provide for the accelerated release of the House As- sassination Committee’s files, H. Res. 160, was introduced on April 18, 1988, by former HSCA. member, the late Representative Stewart McKinns , and cosponsored by four former members of the Com- mittee. owever, the bill was never reported to the House floor for 1 Report of the Select ject Committee on on Assassinations, U.S. House of Representatives, 95th Congress, 2d Seasion, Masch 20; 19TS. p. 18, 4° vt [he Committee criticized the the performance of that “the Secret Service us deficient in the performance of Re dutiow the FBI PEt ferfornied ith varying shang of norm the fulfillment of. ite CAA was, dofintogt in tts collection and geraation bt rar to and unogent tho anna House Report No. 95- ts a Re the two iy entailed a cost of $6.6 million ‘The Assassination of President John F. ‘senna. C * Fheorien.” No. 92-270 710 GOV Congrosional Resear: zarch Service, Library of Congress. March 10, p. &
60 & vote.’* In addition to the legislation presently before this Com- mittee, additional House legislation has been introduced in the Congress with regard to release of the records of the House Assassination Committee.5 7 OQ. ‘4 The resolution was ‘Soaponsored by four other former members of the HSCA: Representa- tives Robert Harald &. Sawyer, Walter Fauntroy, and Harold Ford. i ‘* HL Res. 325. January 22, 1999, Representative Gonzalez’ To provide for the release for public use of records of the former Select Committees on Assagsinations, , . Res. 826. January 24, 1992, Representative DeFazio, Requiring that the records of the Select Committee on Assassinations of the 94th ‘and 95th Congresses be made available for public use, os oy . . -BLR. 4090. January 3, 1992. Representative Traficant, To require the Government-held infor- mation pertaining to the assassination of John F. Kennedy be made available to the general public. HR. 4108. January 24, 1992, Representative DeFazio. To direct the Archivist of the United States to make available for publi¢ usa the records of the Warren Commisaion. (Note: Sea above section summarizing Warren Commisuion records. The vast majority of all Warren Commission records have been available to the public at the National Archives for 27-yeara,]