104-10331-10370 ae oe ¢- Por LOPFASO ZT O ® : ae? hy CONFIDENTIAL — 06 January 1998 MEMORANDUM FOR THE RECORD TO: Barry Harrelson OIM/HRG FROM: IC) OIG/ IMO SUBJECT: (AIUO) Inadvertent Destruction of Records REF: (U) Telecon dated 06 January 1998 1. (U) Per your request, attached is a memorandum written to the Office of the Inspector Generals (OIG), Deputy and Associate Deputy IG for Investigations. The attached memorandum was also reviewed by OIG/Counsel.' It explains in some detail the events we discussed in referenced telephone conversation. 2. (AIUO) It is understood by me, the undersigned, that no further action from the Inspector Generals office is required, and that this matter may be considered closed. The Office of Information Management/Historical Review Group (OIM/HRG) will notify the Assassination Review Board (ARB) .and file a copy of this memorandum in HRG files to refer to when writing the compliance letter to the ARB. _ 3. (ATUO) It is also understood that original © documents are not required when material is requested for or... being added to the sequestered collection, and that copies of the material which were inadvertently destroyed were previously provided to the HSAC and ARB (or special task force) before their destruction in 1995. 4, (ATUO) With the assistance of HRG, the OIG/IMO has been able to reconstruct the file and will maintain it as a permanent record, also adding a copy of the attached to that file. CL BY (0680987 CL REASON: 1/5(c) DECL ON: X-1 DRV fm COV 1-82 CONFIDENTIAL
13-00000 CONFIDENTIAL SUBJECT: (AIUO) Inadvertent Destruction of Records 5. (AIUO} appreciated. Your assistance in this matter 1s greatly this matter, If you have any further questions regarding please call me on secure X77081. Thank you. r T t - C= 7 5 cc: D/IG/INV w/o att AD/IG/INV w/o att IG/Counsel w/o att OIG/IMO w/att DCI/IMO w/o att CONFIDENTIAL
13-00000 CONFIDENTIAL 26 November 1997 TO: Rick Cinquegrana, D/IG/INV AD/IG/INV FROM: (C), OIG/IMO SUBJECT: .(AIUO) Possible Illegal Destruction of Records 1. (AIUO) The OIG/IMO received a request from the AD/IG/INV to search for records needed to verify certain nominees. During the course of this search, the IMO discovered what appeared to be the inadvertent destruction of permanent OIG records. 2. {AIUO) The records, cases from 1977, were retired in 1980. See exhibit A for a copy of the original records retirement request. 3. (C) When form 140 (exhibit A) was approved by the Agency Archives and Records Center (AARC) and returned with a job number (80-01770R), the records were prepared in folders, placed in boxes, and a shelflist was created (see exhibit B for shelflist). 4. (AIUO) Please take notice of the highlighted portion of the shelflist that claims the records disposition as ‘permanent’. This along with the use of the terminology ‘case no.’, led me to believe these were permanent records. 5. (AIUO) Exhibit C is a completed request (form 141b) from AARC for authority to destroy these records. All ‘of the records. except those listed on a handwritten note (exhibit D) attached to form 141b were destroyed. 6. {(AIUO) At this point, I referred to the original form 140 (exhibit A) to determine what Records Control Schedule (RCS) and Item Number was used to retire these records in 1980. I ordered a copy of the old. RCS 07-76 and checked the disposition of item number ‘3b’ (see highlighted section of exhibit E). The disposition does allow for the lawful destruction of these temporary. records. cL By (0680987 _) CL REASON: 1.5(c) DECL ON: X-1 DRV fm COV 1-82 CONFIDENTIAL
13-00000 CONFIODENTIAL SUBJECT: (AIUO) Possible Illegal Destruction of Records 7. °(AIUO) I then noticed that the destruction authorization form 141b (exhibit C) listed the RCS as 10-84 and the Item Number as 29B. Referring to the newer :version of the RCS I found that this schedule and item number also allow for the lawful destruction of these temporary records. Please see the highlighted text of exhibit F. 8. (ATIUO) At this juncture, I reviewed the material and noticed a note on exhibit D that stated, “IG 37/77 Lonnquist (Kennedy Assassination) destroyed on 5/1/95 by S.K.%., , 9. {(AIUO) Please see the attached JFK Assassination Act (exhibit G), para (a)(1) thru (6). In short, this law was enacted in 1992 and these records were destroyed in © 1995. The fact the records were scheduled as temporary and then destroyed according to Agency regulations does ‘not override Public Law 102-526, the JFK Assassination Act. 10. (AIUO) T found three entries in Textware on Lonnquist. Two pertain to nothing of interest in this case; however the third entry states, “allegations regarding the Lee Harvey Oswald file” (see the highlighted text of exhibit H) . 11. (ATIUO) In May 1997, I told the JFK Assassination Review Board (ARB), in an informal hearing, that OIG had no knowledge or record of any JFK records under OIG’s perview being destroyed. This was during discussions at the table, and not one of the listed questions for the OIG/IMO to answer. . 12. (AITUO) My plan is to contact the DCI/IMO, enlist his assistance in notifying the National Archives and Records Administration (NARA} and the ARB that records pertaining to the JFK Assassination were inadvertently destroyed and explain in detail the events surrounding the discovery and what steps have been taken to prevent this from happening again. 13. (AIUO) I personally doubt that there was anything of value to the ARB in the Lonnquist case file, but. because LHO is referenced it is considered a JFK ARB file, and by law I have to report its destruction to NARA and the ARB. CONFIDENTIAL
13-00000 cONFIODENTIAL SUBJECT: (AIUO) Possible Illegal Destruction of Records 14. {ATUO) Any adjudicative action against me or the Agency will be the decision of the ARB. J. Distribution: Orig - addressees 1 cy - IMO File CONFIODENTIAL
13-00000 “KOO LJ UNCLASSIFIED [__] CONFIDENTIAL a, SECRET (Joe NO. ASSIGNED “8Y ‘RECORDS’ CENTER’ ~~ - aQ: OBE ibe ; For’ 9B: lO baby Ai e Bd ‘Trans- ferred to Storage fearon Re Form 490 and Refer to Above Job Number. ~ RECORDS RETIREMENT REQUEST Submit original and 4 copies to Records Center. Two copies will be re- turned to the originating office. Additional copies may be prepared as indicated by your RAO ea TO: FROM: (Office) DIV/BRANCH/ SECTION CHIEF, AGENCY RECORDS CENTER EXTENSIC 5733 APPLICATION IS MADE FOR RETIREMENT OF THE RECORDS DESCRIBED BELOW DESCRIPTION OF FILE SERIES (Use description in Records Control Schedule and inclusive dates.) LIST RECORDS. USE FORM NO. 140A. RECORDS SHELF LIST (Check appropriate box below.) ROR HGS! LDING IF NECESSARY TO" Individual Case Files- Consists of documents accumulated in investigating complaints, suggestions, or problems of individuals which are brought to the attention of the IG. Filed numerically by case number. Potential cases filed alphabetically. ; Case No. 1/77 thru 167/77 Case No. 81/76 and GG 59/78 | (J snece LUST, INCLUDED IN TRANSFER (1 Jan77_ thru 31 Jan77) oO SHELF LEST ATTACHED _ SCHEDULE NO. 'TEM{S) NO. CLASSIFICATION/CODEWORD OF RECORDS 07-76 3B Through SECRET PART [1 (TO BE COMPLETED BY THE RECORDS MANAGEMENT OFFICER) i ; : r a i, M t i 5 ONL DATE Lobe t i -20 November 1980 ; : i PART 111 A cro BE COMPLETED BY. RECORDS CENTER) i INSTRUCTION: Use Job and Box Numbers for reference until records are processed into archival arrangement. t DISPOSITION OF THE RECORDS DESCRIBED HEREON HAS BEEN MADE AS FOLLOWS: AUTHORIZATION: PARTIAL JOB DISPOSITION: || DESTROYED DESTROYED-B8Ox NOS. TRANSFERRED- BOX NOS. t i af WHOLE JOB DISPOSITION ' t : ; TRANSFERRED TO: a __ Joe NO. SIGNATURE CHIFF, RISPOSETION, AGENCY RECORDS CENTER SEE REMARKS ON BACK ‘ PART ||| 8 (TO BE COMPLETED BY ARCHIVES) , RUCTION: Refer to records by subject and date after records have been processed into archival arrangement. f ee \ PROCESSED INTO ARCHIVAL ARRANGEMENT SIGNATURE (Chief, Agency Archives) “140 USE PREVIOUS (13°46) rorrtons a secret [_|coNFIpeNTIAL [~ ]UNCLASSIFIED 2 |
13-00000 {J unctassiFiep [| conripeNTIAL [__] secret PART |11 C (TO BE COMPLETED BY THE RECORDS CENTER) (CONTINUED) REFERENCE ACTIVITY MAY JUN Jue AUG SEP ocT NOY DEC TOTAL STORAGE LOCATION DISPOSAL ACTIVITY IG AUTHORITY FOR DISPOSAL | SCHEDULE NO. (or List) PAGE LTEM 776 . 3B RECEIPT PROCESSING TYPE OF CONTAINERS CUBIC FEET NO. OF CONTAINERS DATE RECEIVED RECEIVED BY 13 Jan 1981 | [| secret |__| CONFIDENTIAL [_] UNCLASS IF 1ED |
13-00000 : Exhibit B | a ae ee ee . PA
13-00000 4 UNCL. FIED REPORT NO. R2O0AQ06O0O1 ARCHIVES RECORDS CENTER SHELF LIST AS OF 816812 RCS oP! DIV BRANCH SECTION CLASS-BY JS ( 07-76 o7 DCI OIG oO BOX FLD ITEM RES FILE NO. MED FOLDER TITLE ST DTE END OTE F ooOf O01 0038 Y CASE NO. 1/77-23-35/77 010177 311277 Oo 0CcO2 001 0038 Y CASE NO. 36/77-41/77; 43-55/77 VOL. I-VOL. TII PART 3 O10177 311277 0 0003 O01 0038 v CASE NO. 55/77 VOL. III PART 4-VOL. ITLL PT. 7 THRU 84/77 O1f0177 311277 © 0004 O01 003B Y CASE NO. 85/77 THRU 121/77 AND CASE NO. 69/78 OtOt77 311277 6 (9 ENVELOPES) 9005 001 0038 Y. CASE NO. 122/77; 123/77; 126/77 THRU 160/77... . O10177 311277 90 ‘0006 COT Od663m°~ yo ee “EASE NOT IG T/ 77 THRU 167/77, POTENTIAL CASFES-A-2 O10177 3911277 Oo UNCLASSIFIED PAGE NO. 0001 we Ra . & rn ; rie 2 AL. ed “tv hyhy Q ae OL, ¥ ner o ri /an 143] IN 49/91 )s\/A9 S3/an 571/14 ISs/ny en Wu {bol ale Cansrersived CA
13-00000 . ef : ” a aye oe ef. = ~, : . m8, ‘ RETURN ORIGINAL ANDO 1 COPY TO AARC REQUEST FOR AUTHORIZATION 1. OLSPOSITION JOB NO. Aerigned by AARC} TO DESTROY RECORDS IN AARC F3-2 ( TO : Archives and Records Center, ISAS/DDA FROM: Archives and Records THRU: Component Records Management Officer Centex, ISAS/DDA THE RECORDS IDENTIFIED BELOW ARE SCHEDULED FOR IMMEDIATE DESTRUCTION. AUTHORIZATION IS REQUESTED TO DESTROY THE RECORDS AS SCHEDULED. IF AUTHORIZATION IS DENIED, REVISED DISPOSITION INSTRUCTIONS MUST BE PROVIDED TO RECORDS AD- MINISTRATION BRANCH, ISAS. IDENTIFICATION OF RECORDS 3. OFFICE 4. SCHEOULE NO./6. ITEM NUMBERS ‘| 6. ACCESSION JOB NOS. 7. BOX NUMBERS ocux | olLG OPL # 7 8. REMARKS Sob Dve for Destrvectiow | Feb oO CONTINUED ON SEPARATE PAGE AUTHORIZATION TO DESTROY RECORDS 9. TYPED NAME ANO SIGNATURE OF CUSTODIAN OF RECORDS EXTENSION | DATE os : ‘ qi Lf RETAIN ALL yi +2 RETAIN PARTIAL =o 10. TYPED NAME AND SIGNATURE OF COMPONENT RECORDS MANAGEMENT QUESTIONABLE OFFICER. Fd al RMoO ATTACH COPY OF FORM 140, RECORDS RETIREMENT REQUEST. ANO PROVIDE JUSTIFICATION FOR CONTINUED RETENTION OF RECORDS UNDER SECTION @ ABOVE. ALSO PROVIDE PROPOSED NEW DISPOSITION INSTRUCTIONS. FORWARD TO RAB THRY OIREC- TORATE RMO. V2 RMO ATTACH COPY OF FORM 140A, SHELF LIST, ANNOTATED TO SHOW WHICH RECORDS ARE TO BE RETAINED. tF FORM 1404 tS - NOT AVAILABLE PROVIDE DETAILED DESCRIPTION, GY BOX AND FOLOER NUMBER, OF THE RECORDS TO BE RETAINED. RECORDS NOT INDICATED FOR RETENTION ARE AUTHORIZED FOR IMMEDIATE DESTRUCTION. 2 RMO PREPARE FORM 141C, REQUEST FOR AUTHORIZATION TO RETAIN OR DESTROY QUESTIONABLE RECORDS, FOR RECORDS: THAT MAY BE SUBJECT TO ACTUAL OR IMPENDING LEGAL OR INVESTIGATIVE REQUIREMENTS. FORWARD WITH THIS FORM TO: RAG’ ; . a, . V/ COMPLETE JOB COMPLETE JOB - Va Ty “4 : “ t- <— if THROUGH DIRECTORATE RMO. REMARKS ‘Va Bid S$ ft My AT Kei Ee fas CWT Efe 2/4/92 EXTENSION | DATE FOR AARC USE ONLY TRANSFERREO PARTIAL JOB (Box Nos.} é Pn, CHIEF. DISPOSITION SECTION oy L4lb
13-00000 tad FORM 139 B74 RECORDS CONTROL SCHEDULE OFFICE, DIVISTON, TYPE CONCURRENC OLO SCHEDULE AND ITEM NO(S). OBSOLETE PREVIOUS EOrTIOMS =: © Ae € OFFICER'S NAME AND TITLE FILES IDENTIFICATION (TITLE, DESCRIPTION, ARRANGEMENT, AND INCLUSIVE DATES) SUBJECT FILE. Program Subjects Record copies of substantive correspondence, reports, memoranda and other papers reflecting policy, procedures and decisions pertaining to the functions assigned to the Inspector General Filed by subject. materia | Su by ray ots Transitory, and administrative meterte:. (NonRecord) , 7 SURVEY REPORTS Record copies of reports and related data of inspections conducted by the Staff and recommendations for improvements on proper assignment of functions and missions, methods and procedures of performance by components, or other areas where surveys are deemed necessary. Filed by Agency component. Discontinued in June 1973 and resumed in October 1975. EMPLOYEE GRIEVANCE FOLDERS AND INDEX Record copies of data from employees coming to the IG with grievance regarding nature of grievance, circumstance that caused grievance and how settled. Used to investigate grievance to its conclusion. Also used to refer or provi information in response to or by direction of a court order, or where there is an indication of a violation or, potential violation of law whether civil,: crimtnal, or regulatory in nature, to the appropriate agency charged with the aes OLD SCHEMULE NO(S). Q _..... 4203-75 (OIG DATCIS) OF OLD SCHEDULE (S) ee ge Q7-76 ee VOLUME DISPOSITION INSTRUCTIONS (cu. FT.) a. Permanent. ‘Cut off annually; hold for one year and then transfer to the Agency Records Center records no longer needed for current reference. b. Temporary. Destroy when one year old. ¢ ‘|Permanent. Hold one year then transfer to the Agency Records Center in annual ‘|blocks. CL BY 0371104 DECL,_OADR WARNING NOTICE! INTELLIGENCE SOURCES OR METHODS INVOLVED This document is classified Secret in the aggregate. (41)
13-00000 OLD SCHEDULE NEW CLASSIFICATION AND ITEM NO(S). FILES POENTIFICATION voLUME DISPOSITION INSTRUCTIONS etrievable: By case number. Record copy of closed cases involving a. Permanent. Transfer closed case file to the Agency Records Center. c. Permanent. Destroy index cards when destroying temporary closed case files. Transfer remaining index to Agency Records Center when function is discontinued. Log - Record copy for assigning file Permanent. Transfer to Agency Records system case numbers. (1953 through 1967 Center when function is discontinued. umbered sequentially. From 1968 to present numbering changed to start over each year with Number 1/ and the year (1/76). (Published in the Federal Register, Noti- fication of Systems of Records, Privacy Act of 1974. The Federal Register must be amended if this system'is changed or discontinued.) RECORDS CONTROL SCHEDULE forrtons COMTEMIIATION SHEET eo L] FORM 13.Qa pte ious
. “elo sCHEOULE | ana stem NOCS). FORM 1399 cecvious CLASSIFICATION FILES IDENTIFICATION : SPECIAL STUDIES Record copies of reports and evaluation following investigations and studies of various programs as Career Service, CT Program, etc. Filed by subject. WORKING FILES Duplicates and working drafts of surveys and material, related to investigation or survey Each staff member maintains own files. (Non- Record) CLASSIFIED INFORMATION ACCOUNTING AND CONTROL RECORDS Top Secret Log (Form 312) Log maintained chronologically on Secret and below documents (Form 238) Log used for recording receipt amid disposi tion of official personnel files referred to staff for review. Document. Receipts. Retain signed copies of material transmitted outside the office. (Form 615) Courier Receipts. Office copy of receipts signed by courier when material picked up for delivery. (Form 240). (OL is the Office of Record.) (Non~Record) RECORDS CONTROL SCHEDULE CONTINUATION SHEET a ojoyr HON Le ‘ ' . VOLUME -|- BISPGSITION INSTRUCT IONS h Permanent. Transfer to the Agency Records Center at end of each year or when no longer needed. _ Temporary. Destroy 6 months after survey completed. , a. Temporary. Destroy 5 years after documents downgraded, trans- ferred out of control point or destroyed. (GRS 18-6a) b. ‘Temporary. Destroy after two years. (GRS 18-5) c. Temporary. Destroy quarterly after folders returned to sender. d. Temporary. Destroy after 2 years. (GRS 18-3) e. Temporary. Destroy when 3 months old. (ai)
13-00000 “OLD SCHEDULE CLASSIFICATION AND ITEM NO(S). FILES 1OENTIFICATION FORM 19Q9a cacvrous zg — SECRET ADMINISTRATIVE HOUSEKEEPING FILES _ Duplicates and non-record copies of forms, correspondence and memoranda reflecting admini- strative support functions within the Office of the IG. File used for administrative purposes and internal housekeeping functions. The Admin Office of the DCI is primarily responsible for administrative support to the IG Office. Filed by Subject.  (Non~Record) Personnel soft files. Duplicate copies of records held by. the Admin Office of the DCI and the Official File in OP. Used for internal administrative personnel management of staff members. (This soft file will be screened and incorporated, as appropriate, into the OP Official file or the DCI/Admin Office soft personnel file, either upon reassignment of the individual subject of the file or separation from the Agency. Disposition of each of those files shall be in accordance with the approved Records Control Schedule of those offices.) (DCI/Admin Office is responsible for DCI area personnel soft files as published in the Federal Register.) IG CORRESPONDENCE FILE Record copies of outgoing correspondence prepared by the IG covering decisions and matters that are not completely duplicated in the permanent Subject. Files. CLASSIFICATION RDS CONTROL SCHEDULE PRU FTCA 6 Ane Gane er RECO VOLUME OISPOSITION INSTRUCT IONS a. Temporary. Review file at end of each year and destroy material having no current value. b. Temporary. Destroy records that are duplicated in both the OP Official file and the DCI/Admin Office soft file. Transfer immediately pertinent information to the OP file and remaining information to the DCI/Admin soft file. Permanent. Transfer to the Agency Records Center at the end of the current IG's tour of duty. (at)
13-00000 “OLO SCHEDULE AND |TEM NO(S). 8.74 NEW iTEpe NO. ll 9 NEW 10 NEW ll FORM 139a erevrous Eor Pion FILES IOENTIF ICATION REGULATIONS FILES Duplicate copies of all Agency Regulations (Regulations and Notices used for reference. Control Branch is the Office of Record.) Record) INSPECTOR GENERAL RESEARCH RECORDS AND INDEX Record copies on Agency personnel and other individuals whose names appear in document assembled primarily from other Agency records systems by the IG in relation to an Executive commission and Legislative committee reviews of Agency activities conducted between 1972° and 1976 and CIA documents that are pertinent Used by Agency officials for reference thereto. VOLUME — use in connection with Executive and Legislative reviews of Agency activities. Retrievability: Name or subject. of Records, Privacy Act of 1974. or discontinued.) FOI RECORD COPIES ~ SANITIZED VERSION AND JUSTIFICATION (S) Record copies of the final sanitized version and justification(s) for denying portio not released. These are created in reply to They are filed with the full text record to provide background for appeals, judicial action, and FOI requests to disclose information. future requests for the same record. IPS case file copies are only temporary request (Custodian is the Office — (SECRET. CLASSIFICATION processing records. : ot Record. ) RECORDS CONTROL SCHEDULE CONTINUATION SHEET Storage: paper. (Published in the Federal Register, Notification of Systems The Federal Register must be amended if this system changed (BISPOSITION INSTRUCT IONS: Temporary. Destroy when obsolete, superseded, or no longer needed. Return empty binders to Regulations Control Branch. Permanent. Transfer to the Agency Records Center when no longer needed. Record copies assume the disposition of the full text document. Destroy sanitized version and applicable justification(s) if full text is subsequently disclosed in its entirety or after superseded by new ed version and justification. ' (GRS 14-9b)
OLN SCHEOULE ANO FTEM NOIS). ; CLASSIFICATION FILES IOENTLFECATION SECRET VOLUME DISPOSITION INSTRUCT EONS b. Emergency planning reports files. Agency 32/30 PERMANENT. Cut off at end of each reports of operations tests, consisting calendar year, hold in current files of consolidated or comprehensive reports area for 2 years, then transfer to reflecting Agency-wide results of tests AARC. (Deviates from GRS 18-30) conducted under emergency plans. , (1980 to present} CIA Legislat 8 Consiat of Agency legislation prier to its PERMANENT. When bill i@ enacted into enactment into law. Proposed amendments to law, screen and destroy duplicates and Agency Bille, background information and transitory material, then transfer other related material. Serves aga : remainder to AARC. : reference to new and proposed legislation affacting the Agency. Filed numerically by category. (1961 to present) - ITEM 29 DISCONTINUED JAN. 93. NEW SYSTEM OF RECORDS ESTABLISHED PER HR 7R 7-6. CHANGE 1, RCS 10-84, APRIL 1993. APPROVED: 7/29 (Chief, IMB/PRD) Date r rm 139q Par eious RECORDS CONTROL SCHEDULE CLASSIFICATION S me . Duertoms CONTINUATION SHEET , SECRET 44
13-00000 Nie i CLASS EF ICATION fo aey nas : PHLIS MENTEP CATION SECRET voted biseos it 1oN INSTRUCT TONS NEW ; j- Financial Disclosure Reports including TEMPORARY. Destroy when 6 years old Form 2630, for individuals filing er no longer needed in an ongoing according to Executive Order 11222. investigation, whichever is later. (OP/SIS maintains and is the office (Complies with GRS 1-25a(2)) of record for SF 278.) Item 9j-~Approved: bocts6 C/IRMD/OIS (DATE) NEW k. Time and Attendance Reports including TEMPORARY. Destroy X years after reportg from ELECTAS, ETAR, etc. Copies cutoff. Cut off at end of calendar held at component level by T&A clerks. year, hold for / Gears, then destroy (Complies with GRS 2, Item 3a). Item 9k added to clarify disposition * RCS 00-84, Change 4, June 1991. APPROVED| 7Jun9i (Chief, IMD/OIT) (DATE) and employees, except EEO complaints. fa THA Peccks|s the grievance and states the nature of grievance, statement of witnesses, circumstances that caused grievance, reports of interviews and hearings examiner's findings and recommendations, employee withdrawal, and final resolution of grievance, (may include Forms 4437, 4437a & b, 4438, 4439, and 4440). filed by employee name. (publish- ed in the Federal Register, CIA-15, Notification of Systems of Records, Privacy Act of 1974. The Federal Register must be amended if this system is changed or discontinued. i i i 1 1 t ram 1 39a fa vat RECORDS CONTROL SCHEDULE CURSSEF CATION an AAT Dane eaw M O e
13-00000 ee ag ae tem fants hs NO. FILES IDENTIFICATION | | { { i | | i FouM 1 39a carer ous Aaa EOv tions (1) (2) (3) RECORDS CONTROL SCHEDULE CONTINUATION SHEET© = Component files (a) Grievance files closed at component level. (b) Grievances that are not resolved resolved at component level. {c) Quarterly statistics summary forwarded to Directorate Grievance Officer. ; Directorate Grievance Officers files. {a} Grievances initiated at Directorate level or files: received from components. {Item 1(b) above). (b) Grievances closed at Directorate level. (c) Grievances that are not resolved at Directorate (d) Quarterly statistics summary forwarded to IG. Grievance files maintained by IG (a) Grievances initiated at IG level or files received from Directorate Grievance Officer. eo ’ CLASSIFICATION SECRET CLASSIFICATION SECRET VOLUME DISPOSITION INSTRUCTIONS TEMPORARY: Destroy 7 years after case is closed. .Cuteff closed cases at end of calendar year, hold 7 years, then destroy. TEMPORARY: Transfer complete casé file to Directorate Grievance Officer (Item b(1) below). TEMPORARY: Destroy 7 years after closed. Cutoff at end of calendar year; hold 7 years, then destroy. : TEMPORARY: Destroy 7 years ease is closed. Cutoff closed cases of claendar year, hold 7 years, then destroy. TEMPORARY: Transfer complete case file to IG {Item 3(a)}) below). TEMPORARY: Destroy 7 years after closed. Cutoff at end of calendar year, hold 7 years, then destroy. tat) 17
13-00000 Anure A naisd, Pa) trom NO. nen be ee oe 10 CLASSIFICATION FILES JOENTIF ECATION SECRET vOLUME TEMPORARY: Destroy 7 years (2) Closed cases involving litigation. after case is closed. Cutoff €losed cases at end of calendar year, hold 7 years, then destroy. (b) Statistical summaries | TEMPORARY: Destroy 7 years ‘ after closed. Cutoff at end of calendar year, hold 7 years, then destroy. Item 91 added new RCS 00-84 Change 5, 3 — te Approved: TINS PROS (Wares Training Files. Material on various training programs and courses conducted or sponsored by component, OTE, other Agency components, or external organizations. Course descriptions, outlines or lesson plans, schedules, announcements, applications and authorizations, student rosters, evaluations, correspondence, training aids, and other supporting material, including official individual training records. a. Internal training. Duplicates of TEMPORARY. Destroy when superseded information pertaining to internal or obsolete. Agency-sponsored training programs and courses. (Office of Training and _Education.is the office of record.) RECORDS CONTROL SCHEDULE CLASSIFICATION tan) veeeee TAs Cure Ft
13-00000 D NQYXS wd a ee POPE re ad igtatedslaistey
13-00000 PUBLIC LAW 102-526—OCT. 26, 1992 106 STAT, 3443 Publi Law 102-526 ngress An Act To provide for the expeditious dledocure of records: relevant to the ascassination ° ee ee Teka feconoly. it-enacted by the thé Fee SN fitertea th Co . SECTION 1. SHORT TILE. Thie Act may be ci cited as the “President John F, Kennedy Assassination Records Collection Act of 1992". SEC, 2 FINDINGS, DECLARATIONS, AND PURPOSES. (a) FmnDInas AND DECLARATIONS —Thd Congress finds and sete declares tha’ 68] ai Government records 3 of Preside? ann ke Ranney maw ental purposes; all: Goverument pant records enacering the sxsassination ot Bail G of Preident Joba F. Kennedy shea foot Saas eae pe te to Become ta hoy 3 G) agains Ee asnasnatos an_enfireesble, F my sie ce uatable process for the ane disclosure ofsu related to the nniendination nation of President at don hn FP, penalty would not ober be subject to public disclosure until at (8) Jesialation is necessary because use the Freedom of Informa- tion Act, as implemented by the executive branch, has pre- vented the Umely public disclosure of records rela te the tion of dent John F, Kenn (6) legislation is necessary because Executive Order No. 12356, entitled “National Security Information’ has eliminated the declassification and downgrading schedules relating to classified information across government cheat has prevented the timely pub ublic disclosure of records relating to the assassina- tion of President John F. Kennedy an and (7) most of the records ted to the assassination of Senate and House of Representatives of” nugress assem ited, Oct, 26, 1992 AS. 5008] President Jobo > Kenned Asseseination - Records Collection Act of 44 USC 2107 - M4 USG 2107 President John F. Kennedy are almost 30 years old, and enly - in the rarest cases Ig there any legitimate need for continued protection of such records ) PuRPOSES.—-The orposes of this Act (1) to provide for the creation of the the President John F, Kennedy Assassination Records Collection at the National Archives and? Records Administration; an (2) to require the expeditious publ tr transmission to the Archivist and nd publ ‘ecbare of au \ 63-138 © - 92 (828) o ne c 7 > ~ é 106 STAT. 3444 PUBLIC LAW 102-526-—OCT. 26, 1992 « UsC 2107 sec. DEROTIONS ! Be a . - Government corperation, “Gh “Aschlvs means is the Archivist of the Ulta ad States, ° @) the Commission tral Asti ga Within the United States (the cefeller O28 1 le uate Se Cann i Sil a Operations with Respect to Intelligence Activities CD), the Select ons Commities on Tatalgeace (the “Pike Co: ofthe House of Representatives: ) the Select Committes on Assassinations (the ‘House f Assassinations Committes") of the House of Rep- “Bes National 73 chives and Records Administration Sona toade fon such (3) “Collection” means the President - John F. Kennedy 2 Records Collection e established under section 4, an Executive denied (& rubsertion 660 of "af tile 5, United Buates Code, an udes’ Executive department, epartmen corp Goverament co arenes : es) (=f or other estab! t in the executive ‘branch of the G Govern. ment, including the Executive Office of the President, or any dent regulatory 5) “Goes a ee ny office of the Federal - ontrol of aasagsinabor mn use Committes on Administration with regard to the Select Committees on Assassinations of the records of the House of 2 of Represen resentatives: ees the. Select on Fietctewnee of the Senate to Study Go roan of the Ae Rone oa to Intel vernmen' perations wi to Intel- he and other assassination recone . the Library of Co: ) the National is chives as custodian of assassination reco r) 'y Commission te Investigate ray ee ia of ‘President
13-00000 PUBLIC LAW 102-626—OCT. 26, 1992 John F. Kennedy and the Commission on Central Intel- ligence Agency Activities in the United States; and (E) other any. independen ency. pared eat Ca fen " means the wri written description pre- ared for each record ag (7). "National Archives? means the ‘National Archives and ras Administration and all | components theres Presidential ‘archival depositories established Sereot ne section 2112 of title 44, United States Code. (8) “Official investigation’ means the reviews of the assas- sination of President John F. Kennedy conducted by any Presi- dential commission, any auth congressional committee, and any Government t agency either either independently, at the roquest of ire reat mmission or co onal come mittee, or at peosident any Government official. ; (93 ting body” means the Exocutive agency, govern- ment 09: on, congressional committes, or other govern- mental patty that created a record or particular information within a record. (10) “Public interest” means the compelling interest In the prompt public disclosure of assassination records for tical apy Am cotel P I nd for oe ny py wale e American le abo ing Boe “Ame of an posal John F. Kanne (11) “Record” includes book, pape maps are hotegraph, _ sound or video reco , computer: digitized, or electronic a readatie medium on arkich, itis rong or other docuneatary y masterial, regardless of its physical form or chara (12) “Review " means the ‘Assastination Records Review Board established by section 7, (18) “Third agency” means a Government seen ey that origi- nated an assassination record: that the possession of another agency. SEC. 4. PRESIDENT JOHN F. KENNEDY ASSASSINATION RECORDS COL- LECTION AT THE NATIONAL ARCHIVES AND RECORDS ADMINISTRATION. (a) In Generat.—(1) Not later than 60 days after the date ves and Records of enactment of this Act, the National Administration shall commence establishment of a collection of records to be known as the President John F, Kennedy Assassina- tion Records Collection. ih so doing, th ivist shall ensure the physical integrity and o brovenance of all records. The Collection shall ¢ consist of, reco d copies of all Government records p as section 2107 of | title ts, United ‘States Code The Archivist x prepare, anc and ty a subject  Fuidebook and index to the collection.. ¢ ination reco G) that have besa Wanminitted to the National Archives or disclosed to the public in an form prior to the date of enactment of this (ii) that arerequired to ee et mitted te the National Archi ° TEE ES: OF 106 STAT. 3445 fully inform- 7 44 USC 2107 note. Printing. 106 STAT. 3446 Historie preservation, 44 USC 2107 . note, - PUBLIC LAW 102-526—OCT. 26, 1992! (iil) the disclosure of which is postponed under this : (B) a central directory co ectory comprised 0 of identification aids cre- aed for each record the Archivist’ under section *"(C) all Review Board records as by this Act. ) -D cal ii horde A asgagaination records transi e Nati ves for disclosure to the public shall be Included “in the Collection and shall be available to the Boe for. wher bale tratemiock and copying at the National Archives within minelon to the Natig nal Archives. . Jaya iy rok Corrina. The Archi 6 £208 fOr co (2) grant waivers o yack tose pan established by section beau of tle 6, Unlted States Code. (d) AporrionaL Req 1) The Collectibn ehall be ra! -archived, and inate available to the public uves using « bs) Ons aw rized, S under the terme of this Act. speci G3 Tho National Arc Archives, in consultation with the Information is Oversight Office, shall ensure 6 security 8 pestpon (o) Oversianr.-The Gomntitan on Goverment Operations of of the House of Representatives and the Affairs of the Senate shall ha dating oversight Juradiction 6 ve con! with reepect to ths ‘Collection. en SEG. 6, REVIEW, IDENTIFICATION, TRANSMISSION TO THE NATIONAL ARCHIVER, AND PUBLIC DISCLOSURE OF ASSASSINATION RECORDS BY GOVERNMENT OFFICES, (a) IN GenznaL—{I As soon ss practicable afte th date of Paactment oo t of this thls Act, each ¢ = fan o assassination record made available or disclosed to the public prior to the date of enactenent of this Act may be withheld, postponed for public disclosure, or ified. - (4) No assassination record created by a person or entity outside government (excluding names or identities consistent with the . Tequirements of section 6) shall be ithhel rub disclosure, don 6) shall b withheld, redacted, postponed DY wv During the review y Government offices and p pendi ity ity by the Review Eoerd, each ate a , efficie: ualess— " th ey he Heview card uires C) physical transfer of records for purposes of conducting an independent and imper- tal 1D) tens ig er is necessary for an administrative h other Review Board functions or ° ve hearing or exe afi is a third agency record described in subsection ng review activ-
13-00000 section 2112 of title 44, United States Code, s a, PUBLIC LAW 102-526—OCT. 26, 1992 106 STAT. 3447 Aid etnies al afegraph (1), a Goverament offies ehall-—~ * ig Our p. ra a 3) determine which of its assassination records have been officially disclosed or publicly available in a complete and OFM: (CXi) determine which of its assassination records, or par- cular information contained in such « record, wag crested by a third agency or by another Government office: and (i) transmit to a third agency or other Government office those records, or Particular information wontained in those recomis, or complete end accurate coples thereof; (DXi) determine whether its tion records or par- tieular information in esseasination records are cov by rere standards for postponement of public osure under this an . Gi) specify on the identification aid required by subsection (a the. applicable postponement provisfon contained in section d niake available to the Review Board g which the “ffiee hag .t record concerning which the ¢: Uncertainty ag to whether. the record is an assassination record governed by wnt, se, an ranean of on a 6 oF a8 0 the date of enactment of this Act in a redacted or edited form; an id) the identificatio review, and tranemission, under . the standards for postponement set forth in this Act, of | assassination records that on the date of enactment of this Act are the subject of litigation under section 852 of title , United. States Code: an , make available to the Review Board any additional information and records that the Review B has reason to believe it requires for conducting a review under this Act, (3) The Director of each archival depository established under hail have as a priority the expedited review for public disclosure of assassination records in-the possession and custody of the depository, and shall make such records available to the Review Board as required by this Act. (d) Ipentmcation Alps.(1 ot later than 45 days after the date of enactment of this. the Archivist, in consultation with the appropriate Government offices, shall prepare and make available to all Government offices a atandard form of identification or Gnding aid for use with each assassination record subject to review under this Act, : “da which of its records are assassination “hac” 106 STAT. 3448 PUBLIC LAW 102-526—OCT, 26, 1992 gram. is established in duch a manner “5 result in the ti of a uniform system of electron: ricords erdment offices thatare compatible with cage . by Gov . re ons ooh Upon completion of an identification aid, @ Government attach a D rin SG ‘ this a : rn Public = a fi Ar ad maf yvall tnformation, able to The ausaeginat OR reco $can, Baty th e6n post shall, auch time an the en Pe a Pog ee etnating bod eho by the oriFinating agency and the Archi mee wage recommen: tions of the Review Board wat © section. eran f afih) A. periodic review shall address the public disclosure 9 i sear engeseasination records in the Collection -under the Federal (B) Al postponed inatic ined: t i Register. continued post mement shal require Man ane require description of reason for such Continued: postponement. Such geecelption pall be provided to the Archivist and published in al, P upon determination, . (C) The Periodic review of assageinati cords § Serve to downgrade and cai ees clasaified (ears thall Each assassination record ahall 4 Publicly disclosed in iu, sand available in the | Collection no later than ‘the date that y (i) continued tponement is mad ecessary i- fable harm to the’ mili defense, “Intelligenter™, an {denti law enforcement, or conduct of foreign relations; arid :
13-00000 PUBLIC LAW 102-526—OCT. 26, 1992 (i) the identifiable harm is is of such gravity that it outweighs the public interest in disclos (h) POR Copvino,—Executive branch agencies shall— (1) charge fees for ascassinatl fon records; and Pearce waivers ces purauany to the standards by section Seda) of title &, United States Code. Disclosure of assassination records or parti in assasaination records to the publie may be postpo to the limitations of this Act if there is clear and mn evidence t— (1) the threat to the niilitary defens per" ations, or conduct of foreign relations of ‘he ‘i ted | States assassination is of euch ned subject posed by the public disclosure of the gravity that if outw. inte’ rest, Gd Much public ogupe woul oa —_ . t whose identity currently rotecoion: requ ri gence source oF mathod which i currently a 6 by the U the Valted States ernment and which has not been official! closed, the disclosure of which would interfere wi a . conduct of intelligence activities; or ting to the military int tions or conduct J Poe s defense peiey States, the disclosure of w woul demonstrably impair the national security of the United tates: (2) the- -publie disclosure of the assassination record would reveal the name or identity of a li person who provided confidential information to the United t tates tes and would pose — a substantial risk of harm to that @) fhe public disclosure of the azassination record could reasons be expected to constitute an unwarranted invasion toe privacy, and-that invasion ‘of privacy is so substan- that it outweighs the public interest; (4) the pul ublic disclosure of the assassination record would coinpromise the existence of an underatanding of confidentiality currently requiring protection be vernment agent and a cooperating individual or a forei government, and public disclosure would be so harmful that it outweighs the public interest: o - (8) the public disclosure of the assassination record would reveal a security or iy oF pretove procedure currently utilized, or reasonabl to be utilized, by the Secret t Service or another vermnent age ney responsib a for protecting Gov- ernment officials, and lic disclosure would be so harmful that it outweighs ‘the public interest, SEC. 7. ESTABLISHMENT AND POWERS OF THE ASSASSINATION RECORDS REVIEW BOARD. (a) ESTABLISHMENT.-There is established as an independent “agency a board to be known as the Assaasinations Records Revie (>) APPOINTMENT.—(1) The President, by and with the advice and consent of the Senate, chall appoint, without regard to political cular taformation . 106 STAT. 3449 A USC 2107 “note. “44 USC 2107 note. President. 106 STAT. 3450 Reports. (the persons recommended by the PUBLIC LAW 102-526—OCT. 26, 1992; affiliation, 6 citizens to serve as members of the Raview Board to gasure and facilitate the review, transmission to the Archivist, ublic disclosure of Government records related to the azsas- and on of President John F. Kennedy, (2) The President : shall maake nominations to the Raview Board . a iene endar days after the date of enactment of | (8) If the Senate votes not to confirm a nomination to the Review Board, the President shall make an additional! nomination not later than 30 days thereafter. a ie The Preeldent shall make nominations te the Review Board after considering persons recommended by the American Historical Association, the Organization of American Historians, the Society of American Archivists, and the American Bar Associa- tion, (B) If an organization described in subj h (A) does not recommend at least 2 nominecs qualifications stated meeting in paragraph (6) by the date that is 45 days enactment of this this Act, the the President ahall consider for nomination - other organizations described in sub ph (A) 6 Presidant tion deseribed {n bee Ce eae isla! ma an eraoos on aor: shall be iar rae ners aieea, none ef whom is abe ef the Government, ant ean ane of a a call Ea tere previous involrément with any 6 conducted by ja Federal, State; or Gieial investigation government, relating to the assaszinati f President John ¥, Rennody; te be datngetnid persons of high naticoal profes- sivas cree endeal and te fields who are capable oo the it of their role inv ensurtng ‘ond factiteting - the review, ¢ onto the public, and public disclosure gic ier amas Sp Kennedy an 6 an appreciation of the value of su to the public, echolars, and goverament; and “) shall include at least 1 professional historian and i ye (c) Securrry Crearances.—{1) At. Review Board. nominees shall be granted the necessary security clearances in an accelerated manner subject to the standard procedures for granting such clear- a) All nominees shall qualify for the necessary clear ance ‘prior to being considered for confirmation by the eS Gomncaiten - on Governmental Affairs of the Senate, (d) ConFiMaTION Heanincs.—(1) The Committee on Govern- mental Affairs of the Senate shall bold confirmation h earings within 30 days in which the Senate is in session after the nomination of 3 Review Board members . (2) The Committee rernmental Affairs shall vote on the nominations within 14 “aye in which the Senate is in session after the confirmation hearings, and eball report its reaults to ' the full Senate immediately. after the date of —
13-00000 PUBLIC LAW 102-626—OCr. 26, 1992 . af) The Senate shall vote on each jomines to confirm or eet by the Committes on Governmental Affairs, “VACANCY, the Review Board ehall be Glled in the seh cANcre—A aa epocied for original appointment within ‘30 da of the occurrences 0 ‘vacancy, oe nN may, . if necessary to protect the rf 2 of # person named in the re xe or to prevent dndus interfe with any- proseenton postpone or refrain from pub’ eny or all of the report unt the completion of quel pending cases or pursuant to privacy protes- tion ments in law. A member of the Review Board removed from office _ may obtain judicial review of the removal in a elvil action come meneed in the United States District Court for the Columbia, of 106 STAT. 3451 (B) The member may be reindtated or Granted other appropriate - relief by order of the court. . : (b) COMPENSATION OF MEMBERS.-—(1) A member of the Review - Board shall bs compensated at & rate equal to the ulvalent of the annual rate of basic pay proscribed for lev. Executive Schedule under séction 5315 ‘of title 5, United States Code, for each day Gncluding travel time) di “which th is engaged in the Performance of the duties o the Review -Board, @ A member of the Review Board shall be all or employees of agencies under 5 r ro) title 5, "Ualted States Cod fom the member's ome regular place of business in the performance of services for the Review Board. , (i) Duties of rue Review BOARD.~(1) The Review Board shal! consider and render decisions on a determination by a Government ; office to seek to post: ne the disclosure of assagsination records, (2) In carrying aut paragraph (1), the Review Board shal! consider and render decisions ; A) whether a record constitutes an assassination record; an ; (B) whether an assassination record or Particular informa- tion b a-record qualifies for postponement of disclosure under i t. ! 106 STAT. 3452 Reports, a , i PUBLIC LAW 102-§26—OCT, 26, 1992 @) Powers.—(1) The Review Board shall have the authorit to act in a manner Prescribed under this Act including authority ° aids and inet a organize assassination recorda: om records as required under this Act, incly. a le portions of sanation Ricorda cad putts eS Gl assassination reco can ublic disclosed to the fullest extant: _ reques sub sons to compel testimony, records, and other information ‘rej. evant to its responsibilities under this. a for the dere) any (Gow re Palatine eet ta inating or the lon © Féeo @ asgassinatio of President John F, Kens ie receive. information’ from the ublic re arding the identification and public disclosure of dseaasinnten records: - ®) hold hearings, administer oaths, and subpoena wit nesses and documents, ! . : QA subpoena issued under paragraph (IXCXili) may be enforced by any appropriate Fede Court acting pursuant ‘to a est of the Review Board. lawful . : (cd) Wrrness ~The Review Board shall be considered to be an of the United States for urposes of section 6001 . of idle 18, Gate Pp ; on ted States Code. of the House of Re resentatives and the Committee on Govern- mental Affairs of the Senate shall have continuing oversight juris. ‘diction with respect to the official conduct of the Review Board rv i rds afte termination of the Review Board, and e ave acceas.to any records held o ted by the Review Board, my wn cree (2) The Review Board shall have the duty to ‘codperate with the exercise of such oversight jurisdiction, - ¥ ‘Pera “ (m) Supporr SERVICES. —The i tor of the General stration shall provide administrative services for the Review Board on a reimbursable basis, (a) Ivrerprerive REGULATIONS. —The Review Board may issue interpretive regulations, | . ae - ATION AND WINDING Up.-(1) The Review Board and the terms: of its merberg ghal! terminate not later than 2 years after the date of @nactment of thig Act, except that the teview Beard may, by majority vote, extend its term or an addi- Gonal ryear period if it has not completed its work within that “Year period, . (2) Upon its termination, the Review Board shall submit reports to the President and the Congress including a complete and accurate
13-00000 ance prior to being approved | tye PUBLIC LAW 102-526—OCT. 26, 1992 . accounting of expenditures during ite existence, and shall complete all other reporting requirements under this i (3) Upo pen termination and winding op, Ate peview Board shall | transfer all of its records te th vist for inclusion in the Collection, and ne record of the Review Board shall be destroyed. SEC. 6. ASSASSINATION RECORDS BEVIEW BOARD PERSONNEL. (a) Executive DimecTor—{1) Not later than 46 days after the initial meeting of the Review Board, tha Review Board chal! appoint one citizen, wi ut regard to political effillation, to the position of Executive Biretr. Oe dtsed of Integy and Sipe wo ee hsstinguleted private ci f.) a professional and who ds pot a a present employee of the Government and ple ren tei pees ihe fprebvencat with ficial investigation bat males of esident John F, Kanned (3KA) A centile for eecutive Director shall be granted the necessary security clearances in an accelerated manner subject to the standard procedures for granting such clearances. (B) A candidate shall ee the for the necossary security elear- (4) The Executive D: (D) have no aan, eat te decide or whether any reco Frente be distl to the public or postponed for diselo- sure, (5) The Executive Director ehall not be removed for reasons other than by a ority vote of the ee vlow Beard for cause on the grounds of ug = cien 1 Reglect od duty, malfeasance. in 0 fice, Pp oity tan ,, men ca or other condition Pe rcatall the Ge etna 8 the ilities of the Executive Deructhe ae or the staff of th ' (b) Starr.—{1) The Review Board in accordance with the civil service laws but without Tte ah services law and regulation for competitive service as ed in subchapter 1, ‘cha ter $3 of title 6, United States Code, appoisit and: “terminate ad tional personnel ag are 0 te le the Review Board and its Executive Director to perform its duties. - (2) A person appointed to the staff of the Review Board shall be a private citizen of integrity and impartiality who is not a pod no employee of any branch of the Governhent and who no previous involvement with any offical investigation sa, inquiry relating to the assassination of ident Jo John nF. (3 A candidate for staff shall be granted the manned. security clearances in an accelerated tanner subject to the standard procedures for Gate & auch clearancas. (B) A candidate for the staff ehall qualify for the n security clearance prior to being approved by by the Review ? Board. . &&) COMPENSATION. ~The Review Board shall the com- pensation of of the Executive Director and other homers ti accord: ance wi 3 5, Gatted nee Gola ease that the fate, of pay for the Basective Director and other personnel may not exeood ° * 106 STAT. § 8463 aU USC 2107 PUBLIC LAW 102-626—-OCT. 26, 1992 . 106 STAT. 3454 ° the rate le for level V of the Executive Schedule jinder section 6316 of tite, 44 USC 2107 note, Federal publication. (d) ADVISORY Comarrees.—(1) The Review Board shall have the authority to create advisory committees to assist in fulfilling the respe lites of the Review Board uader this Act. 2) Any advisory committes created dy th the Review Board shall be ayer te the Federal Advisory Committes Act (6 U.S.C. App.). _ SEG. 9. REVIEW OF RECORDS BY THE ASSASSINATION RECORDS REVIEW BOARD. (a) Custopy or Recorps BY BoanD; ~-Pending the ' REVIEWED outcome of the Review Board's’ review activity, a Government office shall re assassination records for; purposes of preservation, security, and efficiency, unless— (1) the Review Board requires the ph sical transfer of records for reasons of conducting an independent and imp review; or 2) 2) such transfer is necessary for an administrative hearing orem er official Review Board function. ‘ARTUP REQUIREMENTS.— The Review Board shall— ae net iy not Later than 90 days after the date of its appointment; ublish a schedule | for review of all assassination records in e Federal Register; and *'@) not later than 180 days after the date of enactment of this Act, begin its review of assassination records under (c)'DETERMENATIONS OF THE Revrgw Boarp. mae ‘The } Review Board ehall direct that all assassination. records be roitted to the Archivist and disclosed to the public in the Collection in the absence of clear and convin evidence that-- - (A) a Government record is mot an assassination record; or. ‘(B)-a Government record or particular information within an assassination record qualifies for postponement of public (a) To approving post pon: t of public discl f approving ‘pos ponemen of public osure'o On assas- sination record, the Review Board shall seek to— (A) provide for the disclosure of able parts, sub- stitutes, or summaries of such a record; an (B) determine, in consultation with the originating body and consistent with the standards for postponement under this Act, which of the following alt eatve forms of disclosure shall be made by the originating bed @ An Any reasonably segregable particular information in an assassination record. (i) A substitute record for that information which is tpo (iii) A summary of an assassination record. (3) With respect to each assassination record or particular information in assassination records the public disclosure of which is postponed pursuant to section 6, or for which only substitutions or summaries have been disclosed to the public, the Review Board shall create and transmit to the vist a report containing— (A) a description of actions by the Review Board, the origi- nating bedy, the President, or a’ Government office ‘(including a justification of any such action to postpone disclosure of any record or part of any record) and of any official proceedings -
13-00000 Nees” PUBLIC LAW 102-526—OCT. 26,1992 106 STAT. 3455 conducted by the Review Board with regard to specific assas- sination records; an Co. (B) a statement, based on a review of the proceedings end in conformity with the decisions reflected therein, des- ignating a recommended specified time at which or a specified occurrence follo which the material may be appropriately disclosed to the public under this Act. - (4XA) Following its review and a determination that an asses: sination record thal be publicly disclosed in the Collection or post- ned for disclosure and held in the protected Collection, the Review Board shall notify the head of the o fing body of its determina’ tien and publigh a copy of the dete: tion the Federal Register within if days after the determination is made. (B) Contem rancous notice shall be made to fhe Fresi dent for Review Bo: ate! tions regarding executive branch assas- sination records, and to the oversight committees designated in this Act in the case of legislative branch records. Such notios shall contain a written unclassified justification for public disclosure or postponement of disclosure, including an explanati application of any dards contained in ection 6. *? (d) PRESIDENTIAL AUTHORITY OVER Revinw Boarp DeTEEMINa- TION 1) PUBLIC DISCLOSURE OR POSTFONEMENT OF . DISGLO- sun nA the Review Board bas made a formal determina- tion concerning the public disclosure or postponement of disclo- CHL Sh tae tof reat eed ce wi guch @ record, or o ormation con azsaasination record, obtained or developed colely within the executive branch, the President shall have sole and nondelegable authority to require the disclosure or ment of such record or information under the set Board with aor wiclassltind vithen partticdtion apecitice the 0: ah Un WE3! on President's decision within 30 days after the Review Board's determination and notice te the executive branch agency as required under this Act, stating the watification for the Presi- dent's decision, including the applicable grounds for postpone- ment under section py eerie a by a copy of the identifica- tion aid required under section 4. (2) PERIODIC REVIEW.—Any executive branch assassination record postponed by. the President shall be eubject to the requirements of periodic review, downgrading and declassifica- tion of classified information, and public disclosure in the collec- tion set forth in section 4. . _ (8) RECORD OF PRESIDENTIAL POSTPONEMENT.—The Review Board shall, upon its receipt, publish in the Federal Register a copy of any unclassified written certification, statement, and other materials transmitted by or on behalf of the President with regard to postponement of assassination records. , (e) Notice To Pusiic.—Every 30 calendar days, be, i on the date that is 60 calendar days after the date on whi the Review’ Board first approves the postponement df disclosure ofan assassination record, the Review Board shall publish in the Federal Register a notices that summarizes the postponements approved by thé Review Board or initiated b the dent, the ouse of Representatives, or the Senate, including a description re publicatlon, a Federal Fy publication. Federal if, publication. 106 STAT. 3456 PUBLIC LAW 102-526—-OCT. 26, 1992 of the subject, originating agency, length or other pliysical descrip- tion, and each ground:-for postponement that is relied upon. P REPorTS BY THE Review Boarp.—(1) The ‘Review Board _ shall report its activities to the leadership of the Co th Commitzee ms i se of ‘Rep. on Government Operations of the House of Rep- resentatives, the Committee on Governmental Affairs of the Senate, the President, the Archivist, and. the head of any Government office whose records have been the subject of Review Board activity. . _ 42) The first report shall be issued on the date that is 1 year after the date of enactment of this Act, and subsequent reports overy 12 months thereafter until termination of the Review Board, ,_, 8) A report under paragraph (1) shall include the following information: — (A) A financial report of the expenses for all official activi- ties and requirements of the Review Board and its personnal, (B) The p made on review, transmission to the Archivist, and public discloaure of assassination recorda, (C) The estimated time and volume of assassination records involved in a the completion of the Review Board's performance under , @) special problems, inclu ueats and the level of coo salon of Geet olhiose af eauente tg the ability of the Review Board to operate as wired by this Act. CE) A record of review activities, induding a record .of postponement decisions by the Review Board or other related actions authorized by this Act, and « record of the volume of records reviewed and postpe: ©) Suggestions and requests to Congress for additional Wepee 7 taining copies of of ed appendix con copies of reports of postpon: records to the Archivist re wander section cX3) nade since the date of the. preceding report under this subsection. (4) At least 90 calendar days before completing its work, the Review Board shall provide written notice to the President and Congress of its intention to terminate its operations at a specified . SEC. 10. DISCLOSURE OF OTHER MATERIALS AND ADDITIONAL STUD (a) MateRiALs UNDER SEAL OF CouRT.— . (1) The Review Board may request the Attorney General: to petition any court in the United States or abroad to release any information relevant to the assassination of President John F, Kennedy that is held under geal ofthe court. (2XA) The Review Board may request the Attorney General to petition any court in the United States to release any information relevant to the assassination of President John F. Kennedy that is held under the injunction of secrecy of a grand jury. (B) A request for disclosure of assassination materiale under this Act shall be deemed to conetitute a showing of particularized need under Rule 6 of the Federal Rules of Crimi- _ nal Procedure, an (b) Sense or Conoress.—It is the sense.of the Congress that— __- (1) the Attorney General should assiat the Review Board in good faith te unseal any records that the Review Board
13-00000 PUBLIC LAW 102-526-—OCT. 26, 1992 determines to be relevant and held under seal by a court ir unction o air: W the Sore tary of PStale oul cata, C the Government of the Republic of Russia and seek of the government ¢ of the 9 former saek soviet er Govt Uela Seti records of the Ko d the ql alaeye UF Beso cone other oe ae vernment iteranech evant to the asesasinati tion of Saori closure of euch information; and (3) all Executive agencies should cooperate, in full with the Review seck the ‘of all information relevant to the assassination of President John F Kennedy -consisteht with the public interest. SEC iL RULES OF CONSTRUCTION. ° (a) PRECEDEN weoWhen this Act ence Over OrHer La transmission of a record to the Archivist ér publis dliclosure, tt hall take precedence over any other law (exept section 6103 of pane Internal Revenue Co Code), judi such law, or common Law doctrine a that would otherw ; on or disclosure, wi ©. axce deeds governing te or transfer or releasé of gifts and, 4 end donations ef records ‘to the Untied States Government. FreepoM or INFORMATION Apr Nothing in this Act shall (b) be construed to eliminate or any right te with any executive Moe ae review of ge pureu- ant to eaction 2 of title 5, United States Code. (c) JUDICIAL —No thing in this ” REVIEW, ‘Act shall be to preclude judicial review, under chapter 7 of title 6, gonad States Code, of final actions taken or required to to be taken under this Act, (d) ExasTING AUTHORITY. Nothing in this Act revokes or limits the existing authority of the President, any executive agency, th Senate, or the. House of Representatives, or any other entity of the Government to publicly disclose records in its posseasion, (e) RULES OF THE SENATE AND House OF REPRESENTATIVES. To the extent that any provision of this Act establishes a procedure to be followed in the Senate or the House of Representatives, such provision is adopted— (1) as an exercise-of the rulemaking power of the Senate and House of Representatives, respectively, and is deemed to be part of the rules of each House, respectively, but applicable only ¥ with respect to the procedure to be followed in that Hi couse, it supersedes other rules only to the extent that it is inconsistent with such rules; an (2) with full recognition of the constitutional right of either House to change the rules (so far as they relate to the Procedure of that House) at any time, in the same manner, and to same extent as in the case of any other rule of that House. _ SEC. 12, TERMINATION OF EFFECT OF ACT. (a) PROVISIONS PERTAINING TO THE Review Boarp.—The provi- .sions of Act that pertain to the appointment and operation , of the Raview Board shell cease to be'elfective when the Review to eect and the terms of its members have terminated pursuant On oO 106 STAT. 8457 su USC 2107 44 USC 2107 note. 106 STAT. 2458 44 USC 2107 note. . 44 USC 2107 note. A PUBLIC LAW 102-526—-OCT, 26, 1992, (b) OTHER Provisions.--The remaining pro visions f this A shall continue in effect until. such Hime as the Archivist certifies to the President and the Corigress that all assassination records -- have been made available to the public in, accordance with this SEC. 13, AUTHORIZATION OF APPROPRIATIONS. (a) In Generat.—There are authorized to be appropriated such sums ss are necescary to carry out this to remain available until b) Fospnie—Until such time as funds are appro- priated pursuant dent may use such Sums 88 are available for discretionary use to carry out this Act. SEC, 1¢. SEVERABILITY, If any provision of this Act or the. application thereof to any person or tance fs held invalid, the remainder of this Act and the application of that provision to other pereons not similarly situa buated or to other circumstances ehall not be affected by the n, Approved October 26, 1992, LEGISLATIVE HISTORY—S, 3006 (Hid. Res. 454) HOUSE REPORTS: Ho. 102-625, Pt 1 {Come on Gover Government Operations) and Po 2 ng Hu, Res. 4 SENATE REPORTS. No, 102-328 Sena vat o. nt Koda vay oon Governmental peeping HA. . duly a considered and Sena passed te, » Quel . 12, HLS, Res, 454 considered and passed House. WEEK: COMPILATION OF PRESH ENTIAL DOCUMENTS, Vol. 28 (£992): Oct. 26, Prealdentlal statement. °