aoa Db 1D: W06969 Date: 12/16/97 Pace: 1 JFK ASSASSINATION SYSTEM IDENTIFICATION FORM AGENCY : NSA RECORD NUMBER : 144-10001-10230 RECORDS SERIES : AGENCY FILE NUMBER : ORIGINATOR : FROM SROERNL & COUNCIL zO00 OD OD SA TITLE / JOINT RESOLUTION OF ASSASSINATION MATERIALS DISCLOSURE ACT OF 1992 DATE : 04/02/92 PAGES : 724 FECTS : MATERIAL RE ASSASSINATIONS | YPE : PAPER, TEXTUAL DOCUMENT ION : U ONS : 1A CURR TUS : X DATE OF LAST REVIEW : 10/12/95 OPENING CRITERIA : ORIGINATING AGENCY’S DETERMINATION REQUIRED COMMENTS ONLY THE EVEN- NUMBERED PAGES OF THE DOCUMENT WERE LOCATED AT THE TIME OF THE SEARCH FOR RECORDS. me me ee re ce we ee ee oe ete re re ee ee ee eee eee eee ee te ee eer ee me eee ee mee es mee nem es me mi om mms me ae me [R] - ITEM IS RESTRICTED Released on 11-01-2017 under the John F. Kennedy Assassination Records Collection Act of 1992 (44 USC 2017 Note) ye
- Doc ID: 6606969 “T@lassitication 6 (. rouo......) OFB0 “REDuST RECENT FOR Te coissizh, | RECEIVED 23 APR92 13: is} 2 fay DATE/TIME NSY, = DATE/TIME RELEI.22 ____lorFic cas, lop Delyatde ype TOBeT 78435 legislactive De = a wore. (eas SHE: cuaSSITIZ eeu OUO... enon ow een eee DELIVERY INSTRUCTIONS 53 NORMAL DuTY HOURS in| DELIVER trvgcpatzcy lt AFTE oR” ‘DUTY HOUR CONTALST TELEPAONE NUMEES aDEee REGU RING ASTER HOUR DEaIvERy nexee | ) im ROOM NBR oa eaeweoanecveqewowoaororerre™ 43-3058 _ ome eae ose eeceasceoawoee2 eee saeoeneoeoeoenn™" oe ee ee . ‘ =a ap oe nae w eed On 2D ane eee e 2280 Bea eewre @f{2oeea2 eoee eau eeaanee ea en eaoenmoenee”® i A aan ew eee @& © aw ewe aee SB@enaewoeen ¢ aa = . oe eewnwonse . weccocsn= emwemaonen2 eco REMARKS: " PaUSCaTOT ENGIN) ae bv) Released on 11-01-2 sre . 017 under the John F. Kennedy Assassination Records Collection Act of 1992 (44 USC 2017 Note) | !
ADD AS AG ae: 23 7 AG Doc ID: 6606969 - @ @ ESS DEPARTMENT OF DEFENSE OFFICE OF THE GENERAL COUNSEL LEGISLATIVE REFERENCE SERVICE DATE: April 22, 1992 MEMORANDUM FOR ACTION AGENCY--DGC(LC) ~ (GI? 2704 Fo | OTHER STAFFING--Army, Navy, AF, ASD(PA) | fisnBIa | _- INFORMATION--ASD(LA), IG, AGC SUBJECT: LRS DESIGNATOR S.J.RES 2821 SUSPENSE DATE 10a.m.,23AFR92 Review the attached request and follow the instructions in the box checked below. Please call in a concurrence or no objection to the LRS staff at 71305. DO NOT CALL OMB on OMB requests. LRS will assimilate all comments and notify OMB. . o Action agencies must respond by the suspense date or request an extension. If staffing agencies do not respond we will assume you have no interest. Information agencies need not respond unless comments are necessary. Please advise us in advance if comments will be provided. OSD agency comments require DGC coordination. [ Other requirement: LRS FILE #: 16 FOIA/Privacy Act li Doesn't Cy te pxsblen- AL nbreree bin Vick Leos F cpeeences/ Pryertel Coch 3, bebrils - on rum py strdo 4. Pulale ne Adenss an la poclpe .
; o% rd wwe Déc ID: 6606b69 execs orice oF THe PRESIDENT@ io 58 OFFICE OF MANAGEMENT AND BUDGET * go npr 2d AM : | : april 22, 1992 | “LEGISLATIVE REFERRAL MEMORANDUM LRM #I-3::17 } i 3 } : |TO3 Legislative Liaison officer - STATE - Will Davis = 647-4463 ~ 226) DEFENSE - Samuel T. Brick, Jr. - 697-1308 = 325 TREASURY ~ Richard S$. Carro = 566-8523 - 228 VA '+ Robert Coy - 535-8113 - 225 | GSA - Lonnie P. Taylor - $01°0563 -| 237 NSC ~ William Sittmann - 456-6534 - 249 CIA = David Pearline - 482-6126 ~ 258 NARA - John A. Constance + 501*5110, = 277 fs ‘| i : : fa | ab aD | FROM: JAMES J. JUKES (for) Rta bene, aH ; Assistant Director for Legislative Reference OMB CONTACT: Jim BROWN (395-3457) / Gerri Rath F C345" 348") Justice PROPOSED SUBSTITUTE RE: SUR 282, | BUBJECT: Assasination Materials Disclosure Act of 1992 10:00 A.M. THURSDAY April 23, 1992 } H DEADLINE! : “The Office of Management and Budget requests the views of your | agency on. the above subject before advising on its relationshij: to ; the program of the President, in accordance with OMB Circular «19. s item will affect| direct spending or f the "Pay-As-You-Go" provisions of Titi get Reconciliation Act of 1990. Please advise us if thi | receipts for purposes © XIII of the Omnibus Bua ! fec¢r ; David Haun Bruce McConnell Bob Damus i; Boyden Gray | Cora Beebe | Kevin Scheid Bruce Sasser Betsy Anderson Gene Schaerr i Steve Aitken
Dee ID: ‘6606969 ~ | | | ‘sos gozwr RESOLUTION i t To provide to the assass for the expeditious disclosure of ‘yecords relevant ination ef President John F. Kennedy. SECTION i. OHORT TITLE. | This Joint Resolution may be cited a6 the “Assassination Macerials Disclosure Act of 1992*%. Sac, 2- (PIMDINGS, DECLARATIONS, AND PoRsona : (a) FINDINGS AND: DECLARATIONS.©~ The congresa finds and declares) that -- | (1) the legitimacy of any governaent ina free eeciaty deponda on the consent of the people: / (2) the ability of @ government in a free society to obtain the consent of the people is undermined to the degree that the degree that the people do not trust their government | : (3} the disclosure of records in the pussesaion of the Government relevant to the assassination of President John F,: Kennedy will contribute to the trust of the people in their government} (4) the diaclosure ef records in the possession of the Government relevant to the agaassination of President John Pp.’ Kennedy should proceed as expeditiously as practicable? (5) all records in the possession of the Government relevant te the assassination of President John P. Kennedy
Déc TD:"6606 —_$* oo bi ODA Mga . “e 67 me h@® © Ponte should be ‘released to the public at the earlipst opportunity, except where justification exists for postponing the disclosure of such rpcords to a specified time or totiowing a epeciftied occurrence in the future. {d) PURPOBE. ~~ The purpose of this Joint : Resolution is to secure the expeditious disclosure of records | relevent toa the assassination of President John D. Kennedy ac poon 4s practicable, consistent with the public interest. asc. 2. DEFINZTIONS. In this joint resolution: (2) “Archivist” means the Archivist of the United states. (2) “Assassination material” means: a record that is ) germane to the assassination of President John F. Kennedy, i ie but does not include (A) material to the extent that it pertains to personnel matters or other administrative affaires of «a congressional committees, the Warren Comission or | other Executive agency: or (B) the materiols, including the autopsy materials, donated by the Kennedy family to the National Archives pursuant to 4 deed ot gift regulating access to those materials, addressed in subsection 10(b) of this Joint Resolution. As used in unis subsection, vauministrative affairs” nas reference strictly to housekeeping functions. (3) *“Committee” means the House Committee or Senate Committee.
AFP, m2 Doc ID: 6606969 _ i i i 1 i ; t (4) “Executive agency” means an Exeoutive agency as defined in subsection 552(f) of title 5) United States Code. » (B) “House Committee” means the select Committee on Assassinations of the House of Representatives and the Permanent Select committee on Intelligence of the House of Representatives acting under this Joint; Reeolution with respect to assassination materiais in the custody of the Hoube of Representatives. (6) “National Archives” masns the National Archives and Records Adminietration. i (7) "Originating body” means the Exevutive agency, commission, or congressional cennittes that ereated the particular record or obtained the particular record from a source other than another entity of Government, or the cugtedien of records of that agency, conabasien, or committee for purposes of the Joint Resolution. For purposes of this Joint Resolution, (A): ithe custodian of of the Select Committees on Acsnosinations of the anont Select Connittes records 0 House of Representatives $a the Para n Intelligence. of the House of Representatives; (B) the custodian ef records of the Select Committee To Study Governnental Operations With Respect to Intelligence of the senate is the Select Committee on Intelligence of the senate: and (C) the custodian of records of the Warren commission is the archivist of the united States.
— ‘Doc ID Las aad aR , % 6606969 S:]2 5 DLA Nye . (8) “Records” includee 413 books, papers, pape, photpgraphs, machine readable materials, or other | documentary material, or parts thereof, regardless of physical form or characteristics, made or veceived by the Rouge Committee, the Senate Committee, an Executive ageney, including the Warren Commission, under Federal law or in connection with the transaction of puplic businase and preserved or appropriate for preservation by the House Committee, Senate Committea, Warren comsiesion, the National Archives, or other Executive agency, as: evidence of the organization, functions, policies, decisions, procedures, operations, or other activities of the ynited Statece Government. | (9} "Review Board” means the Assassination Material Review Board extablisned under section 5. : {20} “senate Committee” meane the select committee to study Governnental Operations With Respect to Intelligence of . ‘the Senate and the select Comnittee . ‘on Intelligence of the senate acting under this Joint Resolution with yespect to: assassination materials in the custoay of the Senate. (12) “warren Gonmission” neane the President ’s , commission on the Assassination of president Jonn F. aEC. Kennedy. 4. PUBLIC DISCLOSURE OF MATERIALS BY concrrss AND TRE EXECUTIVE BRANCE. ; (a) IN GENERAL. ~~ Except for essassination material or particular information in assagaination material the discicsure 4
wer 38 po Dac ID: "6606 tae ee ee a ee : Ij rw . of which {s postponed under section 6, a}1 assasoination materials ighall be transferred to th available) for inspection and copying by the yenera p a National Archives and made ublio ae Boon aa practicable. (b) FEES FOR COPYING. asaination materials in accordance with 44 e- The Archivist snail charge fees for copying ans U.8.c. 2136(e) + (c) | | PRINTING AND ‘DISSEMINATION OF ASSASSIN Government Printing office ATION MATERIALS .-~ (1) The: Archivist may provide to the copies of those assassination materials identified by the Review Board as: -naving proad public interest. The Governnent Printing office sais print copies of the records so proviaed and make then available for sale to the public. (2) Assassination materials printed by the Government Printing office pursuant to this subsection shall be placed in: lipraries throughout the United states that are Governnent depositories in accordance with the provisions of chapter 29 of title 44, United States Gode. _ ABBASBINATION MATERIALS REVIEW BOARD. is established as an independent (a) ESTABLISHMENT. <7 There Executive branch a board to be known as the agency | in the Assassination Materiale Review Board. (b) APPOINTMENT. *~ {1) The President, by and with the advice ang consent of the Senate, shall, within ninety calendar days of the aate, or enactment of this Joint Resolution, appoint five persons to serve ae members of the Review Board. it is the sense 5
‘Doe ID: 6606949 I j } i } ‘ ' i { i ' ; of congress that such persons should be distinguished and inpartial private citizens, that none f the Federal Government, and that none should presently be exployees of any branch © should have had any previous invoivement with any investigation y relating to the assarsinsation of Bresident John F, or inquir Kennedy. | 2 appointed to the Reviaw Board In addition, it is the sense of congress that persons BhHouia ne appointed without regard to political affiliation. (2) A vacancy, on the Review Board whaii be filled in the same manner as the original appointnent was made under "paragraph (2) of “thie eubsestion. {e 2) CHAIR.~- The members of the Review Bosra shail elect 2 of its Henbore as chair at ite initial necting. (a) COMPENSATION OF MEMBERS. <~ (1) A nenber er the Review poarda shai be compencated at a rate equal fo the daily he annual rate of basic pay preseripad for level equivalent of t x section 5925 of titie 5, IV of the Executive schedule unde united Btates code, for each day (including travel: time) during which the member 18 engages in the performance of the duties of the Review Board. | (3) A member of the Review Board hall be allowed reasonable trevel expenses, including per diew in lieu of at yvates authorized for énployees of agencies sunsistence, under subchapter J or chapter 57 of title b, mber’s hone or regular place of united States code, while away from the me
Dor: 5656059 - ale : Oia @ CO | r | | { business in the performance of services for the Review Board. (@) QTAFF.~- (2) The Review Board may, without regard to the civil service laws and. Feguiations, appoint and terminate an h othar additional personnel as aro Executive ' pirector anda. ‘suc Review Board to pertotn ite duties. The necessary to enable the individual appointed Executive Director shall be a persen of anda impartiality who is not &@ present employee of any integrity, na has had no previous jnvolvenent with branch of the Government a any investigation or inquiry relating to the assassination of a President John P. Kennedy. ! ’ : ! : (2) The Review Board mey fix the compensation ef ths Bxecutive Director and other personnel vithout regard to the provisions of chapter $1 and subchapter’ IXL O£ chapter 5 title 5, United states co positions end General Schedule pay rates, 3 0f ge, relating to Classification of except that the rate of pay for the Executive Director ana other personnel may not exceed the rate payable for Level v of the Executive Schedule under section 5326 of that title. (3) At the request of the Executive Director, Executive including the National archives ana other agencies, ive branch, shall detall | originating podies within the Bxecut to the Review Board auch employees as may be necessary and . appropriate to carry out the review required by this Juint to the Review Board for Resolution. Any employee detailed pose shall be detailed without yeimbursement, and this pur SJ aK 7
om od at ‘Doc ID: 66016969" such cetail shall be without interruption or loss of civil gervice atatus ox privilege. procure temporary and ) ef titie 5, : (4) The Review Board may intermittent services under saction 3109 (pb united states code, at rates for individuals that do mot exceed the daily: equivalent of bed for. Level Vv or the Executive: i Schedul tne annual rate of basic pay preseri oe under section 5316 of that tdtie. (2)! JNAPPLICABILITY OF CERTAIN LAWS.c- the following laws shall pot apply to the Review Board: (1) subchapter YI of chapter 5 of vitie &, United states code. (2) Chapter 7 of title 5, 44 of titie bd, United States United States Code. ; (3) Section 3103 and 33 code , (9) DUTIES.~~ The Review Board shall consider and render ~ decisions on referrals by the Executive pirector and appeals as provided in section 7 for 4 determination - (1) whether a record constitutes assassination qaterial subject to this Joint Resolution) and . (2) whether a record or particular infermatien in a racora qualifies for postponement of disclosure under this sqint Resolution. (a) REMOVAL. &* | “¢4) A member of the Review Beard may be eachment and conviction, removed from office, other than by imp
posiniscdéoo? «= 12 Oe only by the action of the President or the Attorney General acting on; -pehalf of the President. (2) (A) Ifa member of the Review ai shall promptly submit to the Board ig ranoved from oftice, the attorney Ganer the committee on the Judiciary of the House of Representatives and the Committee on the “guaiedery of the Senate a report epecitying any facts gound ana the grounds for removal. | (B) the Committea on the gudioiary of the House of Representatives and the Committes on the Judiciary of ' the Senate shall make available to the public a report submitted under aubparagraph (A) of this pa mhittes may, is necassary to ragrepn, except that either co protect the rights of a person nemea in the report or to prevent undue interference with any pending prosecution, postpones or refrain exon publiehing any ‘ox ; all of the report. () OVERSIGHT.-* (1) The appropr nd the Select Committee g oversight jurisdiction with iate committee of the House i of Representatives a on Intelligence of the senate ahall have continuin respect ‘to the official conauct oF the Review Board, and the Review foard shall cooperate in the exercise of such oversight juriediction, : (2) The Review Board ahall submit; to the congress such statements er reports on the activities of the Review Board as the Review Board considers to be appropriate, in addition
_— __ ark, ae aK ca ‘Doc ID: ‘660409 G12) DEA NM Lg to the notigications required by section 6(g) of this Joint Resolution, CO), | SUPPORT sERVICES.~- The Administrator of the General Services: “naninisteation shail provide administrative sexvices for the Revie poard on a ‘reimbursable basis. Ths Archivist shall provide support services for the Review Boar including, 84 necessary, office apace, clerical support, and other peroconnel support, on a reimbursable basis. cx) REGULATIONS. -~ The Raview Board is authorized to promulgate such reguistions as may be necessary to implement the provisions of this goant Resolution. Q) TERMINATION. == (1) The Review poars and the terms of its nenbers shell terminate within twe years of the date upon which the “Review Bosra is rormally constituted pursuant te this Joint Resolution and begins operations: provided, That, af the Review Board has net completed its work pursuant te this Jeint nesolution within auch two-year period, it ney, py majerity vote, extend ite term for an additional onewyear period for such purpose: Any additional extension of the Review Board and the terms of its members = ‘ghall pe authorized by | law. | (2) At least thirty calendar days: i prior to the completion of ite work, the Review poard shall provide written notice to the Congress of its sntention to terminate its operations at a specified date. aac. 6. GROUNDS POR POSTPONEMERT OF DISCLOSURE. 10
wr 3 DP a 1 OF Doe ID: 6606069 | ‘pisclesure to the general public of assdesination matorial rtieular information in assassination material may ba ape could reasonably be; expected to-- or pa postponed if ite rele (2) (4) involve matters specifically authorized under criteria established py Executive order to be kept secret in the interest of national defense or foreign policy and that are, in fact, properly classified pursuant to such Executive order (or) (B) (i) reveal the iden agent of a toreign government! tity of an intetligence agent, ingluding an intelligence aH reveal an inteliigence source or method that is used, or wnicn {s reasonably expected to be used, ‘by the overnment or (i414) reveal any other matter united srates G relating to the military defense, intelligence oraphod operations, or conduct of foreign relations of the United States: (2) conatitute an unwarranted invasion rest in information found in of personal privacy: Tn. veighing a person’s privacy inte mation material against tne public’s interest in assassi interest in disclosure shail be disclosure, the public's 8 or this subsection, considered substantial. For the purpose hall have no privacy interests in information deceasdd persons B found in assassination material. e identity of a cont iaential pource? Q) aisclose th ise utilized, or (4) @isclose a technique or procedure: that which may be reasonably expected to be utilized, by any aw hat is not well known to the public.? oF antorcemant agency, and t 12
awn an . arr. OFS Doe ID: 6606069 (5) | “endanger the. ite or physical safety of any individual. esc. 7, |[REVIEN OF MATERIALS BY THE pxncuTsve DIRECTOR. (a): | RELEASE OF ALL ASSASSINATION MATERTALS TO THE EXECUTIVE DIRECTOR, -- Each Executive agency, including, the National Archives) the central Intelligence Agency, the Pederai Dureal of Investigation, and the House and Banate Connittees, ehall make available to the Executive pirector 411 assassination materials in theix possession, | whieh are not current1y available for public jnepection {include provision accommodating - ‘concern regarding physical production © of information that aisdioses confidential BOUrCES | ‘and national | security information)» where an agency or committee 18 uncertain it a record is agsassination matextal, it shall make enact record ‘available to the Executive Director. The Executive Director shall have the author ity: and responsibility, where circumstances warrant, to inquire of any Executive agency or committee as to the existence of further records that may be nasascination materials peyond those made availapie by that agency | or committes and to obtain access to such records - (b) EXECUTIVE DIRECTOR RESPONSIBILITY ©" The Executive Director shail have responsibility for reviewing all agsase ination materials that are not currently available for public: inspection. (2) CONSULTATION BY EXECUTIVE DIRECTOR. ~~ Tne Executive Director may consult with the originating body for advice and inrormation in reaching a decision with respect to the disclosure or nondisclosure of: assassination materials. 12
Bor'tb "6006900" *” a Alt a (a) PRESUMPTION POR RELEASE.-- In the absence of porsuesive evidence that an eesassination material or perticuler information within an assassination material falis within’ the exenptions setablioned in section 6 of this goint Resolution, the EBxreoutive Director : shall direct that the assavsination | inaterial or partioular information be released pursuant co subsection 7(@) (2)- ! : (@):: | EXECUTIVE DIRECTOR DECISION. =~ Arter review of aaoh record, the EX@Cutive | pirector shall, a8 soon as practicable after the date of enactment of this Joint Resolution, either -~ 3 (1) notify the originating body ox: ‘pedies that the record is aceavoination material that Ls appropriate for release in its entirety pursuant to the stendarae established in this Joint Resolution. In guch event, the Executive Director shall tranemit the record to the Archivist and the Archivist ghail make- ‘the recerd available tor inspection 2 and appropriate copying by the public, unless within ninety calendar days of notification an originating body files a notice of appeal with the. Review Board: Previded, That any record that, in the! judgment of the Executive Director, arguably falls within subsection 6(2), shall automatically be referred to the Review Board pursuant te ) subsection 7(@) (2) (0) or (2) yefer ‘the record to the Review Board, accompanied by a written determination, {ndicating one of the following: (A) that, in the Executive birector’s judgment, the record is not assaneination materials
Docibreosegon 13 ELE “@ r Po (8) that, in the Executive Director's judgment, the record is agoassination material that quelifies for postponement ef disclosure under section 6 or contains particular } information that qualifies fox postponement oft disclosure under section 6? (c) that, full Review Board investigation and/or Reviaw Board judgmant appears appropriate tor a determination as to whetner the record or particular inrormation in the record qualities for pustponement of disclosure under section 6 and thus that this | determination shell be vested in the Review Board rather enan the Executive Director: or (D) that, in tne Executive Director’s judgment, the record arguably fails within vupsection 6(2) and ! | thus that the determination as to whather the record qualifias for postponement of disclosure shall he vested in the Review Board rather than the Executive Director, esc. 6.. _DETERAINATIONS BY THE ALVIEW BOARD. (a) APPEALS AND, ‘REFERRALS. -- The Review foard shail review and apply the atandards for release set forth in thie Joint Resolution to <- (1) ald records that are the subject of sppoals pursuant to section 7(@)(1)) and (2) ald records referred to the Ruview Board by tne Executive Director pursuant ty sectian 7(e) (2);
Doc ID: 6606969 | i ? i i ows (D) : PRESUMPTION FOR RELEASE.c- In the absence of persuasive evidence . that an assaveination material or particular information within an assassination material falls within the exenptions established in section 6 of this Joint Rusulution, the Board snali direct that the: ‘azeassinetion material or particulor snforwation be released pursuant to eubsection ath). (S) | POWERS. ~~ The Review Board shall have autherity to hold nearings) adninister ouths, and subpoena witiesees and doounents, and ite pubpoenae may. ‘pe enforced in any appropriate Federal court by’ the Department ef Justice acting puravant to a lawful request pf the Rev iow: Board. (a)! ADDITIONAL MATERIALS. -- Tne Review poard shall have the nutnority and responsibility, where circumstances worrant, to inguire | of any Executive agency, including the Nations] Archives, or the House or Senate Committees, 435 to the exietence of further records that may be assassination materials ‘beyond those pade — available by that agency oF committee, and to obtain actess to euch records. (e) WITNESS TMMUNTTY..-- The Review Board shail be considered an agency of the United States for purposes: :of section 6001 of title 16, United states code. f REVIEW BOARD DETERMINATIONS. —— Arter review of each record, : _the Review Board shall determine whether such record ic assassination material, and, if 59, whether such assassination material, or particular information in the assassination material, qualifies for postponement of disclosure pursuant to - 15 -
res mmm Pe bie NMIG Doc ID: 06969 5 @ | | | e section ¢ é. Any reasonably pagregable particular information in an assassination material gehall bé considered for release after deletion of information in that nesassination material thet qualifion for postponenent of disclosure. Wheve an entire aesacsinntion material qualifies for postponanent of dieclosure pursuant to section 6, the Board may, after consultation with the originating body, and {f consistent with and to the extent consistant with section 6, create and prepare for yelease 4 summary | ‘of the assaseination material in order to provide for the fullest | disclosure feasible. Whers particular information in an ascassination material qualifies for postponement of disclosure pursuant to section 6, the Board may; after consultation with the originating body and: af consistent with and ite the extent conaiatent with section 6, create and prepare for roloaasse appropriate substitutions for that information in order to provide for tha fullest disclosure feasibia. (9) DECISIONS TO POSTPONE. =~ Where the: Board datermines that a record is not assassination material, or that a record, oF particular information in the record, qualifies for postponenent of disclosure pursuant to section 6, the Board shall tranenit to the originating pody written notice of guch deternination, together with @ copy of the record at issue. Such notice shall contain a statement of the reason or reasons for the Board’s decision. Any decision of the Board that 6 record io not aessestnation material, or that djeclosure: of a recerd er
Mion An APP, 3S Doc ID: 6606969 perticular information in a record should be postponed pursuant to sectign 6, shall not De subject tu juaiciar review. (n) | DECISIONS TO RELEASE.-- Where the ‘Review Board determines that a record, particular information in a record, a summary of a record, or a aubstitution for particular information ina record is appropriate for release purevent to thia Joint Resolution, the Review poard shall tranemit te the originating body written notice of its determination. In such evant, the Review poard shall transmit the reford, particular information, summary, or substitute to the Archivist, and: the Archivist shall make uch material available for inspection and appropriate copying by the public, uniesa, within one pundred end twenty calendar days of the date on which the board has notified the originating body, the President has certified to the Review Doasd and the Archivist that disciosure of the material would not be in the public interest, in which case release Gf the material eaholl be pontponed, and this decision shail not be subject to judicial review. : (4) PRESIDENTIAL NOTICE TO CONGRESSIONAL COMMITTELS ~~ whanever the president makes a certification pursuant to section 6(n), the President snail submit to the appropriate committee of the House of Representatives and the Belect Committes on Intelligence ef the Senate a written statement setting forth the yeason | or reagons for superseding the poara’s determination. M1 BOARD NOTICE TO PUBLIC.-- Every sixty calendar days, peginning sixty calendar days after the date on which the Review -i17- '
4 2ad ‘Doc ID: 6006969" ~ Board first postpones release of any assassination material pursuant to section 8(9), the Board shall make available for public inspection and copy ing a notice of ail such postponenents determined over the sixty~day period, ineluding a description of the eize and nature of wach assaasination matexial concernad and the ground er grounds | tor postponement. | (K) [PRESIDENTIAL norzer TO PUBLIC.-- In any case in which a determination of the Board to release assassination material is auperseded by the president pursuant to section B8(h), the president shall within ten calendar days publish in the Federal peginter| notice of puch action, inciuding a description ef the size and nature of the agsease ination material concerned and the ground oF grounds for: ‘postponenent. | (1): “uNrTY FROM SUIT. ~~ NO person shail have a cause of action against menbers, employees or detaitess of the Review Board arising out of any action or failure to act with regard to assaccination material under this Juint Revolution. adc. 9, MARKING AND REVIRW OF MATERIALS THE breciosoas oF WHICH 16 POSTPONED. (ay MARKING. -> with respect to each assaasination material or particular infarmation in assassination material the disclosure ef which is postponed purauant ty section 8, or for which only substitutions or summaries have been relaased to the public pursuant to subsection B(hi, the Review Board shall append to the material (1) alt records of proceedings conductes pursuant te this Joint Resolution ana relating to tne material and (2) a statement of the Review Board designating, based on a yeview of - 1¢ ©
(402 92°93 Geta hia MMIC ee ne Doc ID: "6606969 | © @ T, 22 28 the proceedings and in “conformity with the deciaions reflected therein, a specified time at which or a specified oscurrence following which tne material moy appropriately be reconsidered for release pursuant to the standards estapi ished in thie Joint Resolutian, The Review Boara shail then transfer the material and appendices to the Aronivist for placement in the Archives i under peal. {d) ; REVIEW. >= The sealed assasaination materiais transferred by the Review Board pursuant to this section shall remain subject to the etandards for rejease astablished by this Joint Resolution. Tt shall be the continuing duty. of the Archivist to review the sealed asnassination Beteriale and the documents appended | ‘thereto pursuant to thie section and to resubmit assassination materials to the Review Board, if it ts still in existence, or to the originating body, if thé Review Board has been avolished, whenever it appears to the Archiviet that review may be appropriate. | | BEC. 16. DISCLOSURE or OTEBER MATERIALS AND ADDITIONAL BTUDY. (a): | MATERIALS UNDER SEAL Or COURT. Or (2) The Review Board may request tne Department or Justice to petition any court in the United States or abroad to release any intormation relevant to the assacaination of. President Jonn F. Kennedy that is held under seal of tha court. , (2) (A) The Review Board may request the Attorney General to petition any court in the United States to release any informatics. relevant lu the assassination of - 19 -
‘ ry Doc TD: 6606969" = by the Kennedy family under the deea of gift. “gevernnent of the Republic of presiaent Jonn F..Xennedy that is held unde: the injunetion or secrecy of a “grand jury. | (B) A request for @isclosure oF acsausaination ; Materials under this Joint Resolution shail be deemed “te constitute s showing of particularized need under “Rule 6 of the Federal Rules of erimina} Procedure. (b) AUTOPSY MATERIALS. °~ The Review Doard shall, pursuant to che cerns of the applicable deed of gift, seek access to the autopsy. photographs and xerays Gonated to the National Archives the Review Board anali, as soon a4 practicable, submit to the appropriate committed of the House and the Select committer yen Tnteliigence of the senate a report on the status of these materials and on accepa to these materials vy indiviauais coneistent with the deed i of gift. : (¢) ;SENSE OF CONGRESS .-~ it is the sense of Congress that ~~ { (1) the Attorney General should assist the Review Board in good faith to unseal any records that the Review Board determines to be relevant and held under peal by a court or under the injunction of secrecy of a grand jury: (2) the Secratary of State should contact the Russia and seek the disaclosurc of all records of the government of the: foruex Soviet Union, including the recerds of the Komitet gosudarstvenney Bezbparnosti (KGB) and the Glavnoye Razvedyvatelnoye Upravieniye (GRU), relevant to the assassination of - 20-
amp an Dos Doc ID: ‘6606969- President Kennedy, an@ contact any other: foreign government that. may hola information relevant to the assassination of President Kennedy and seek disclosure of such information: and : : . | (3) all Executive agencies should cooperate in full vaen the Review poara to seek the disclosure of all intokmation relevant to the assassination of President gonn, F. Kennedy consistent with the public interest. @BC. ai. ROLES oF constaverzon. {a} PRECEDENCE OVER OTHER LAW.<- A decision of the Executive Director or Review Board xegarding disclosure ox postponement of disclosure of a record shal2 take precedence over any other law, judicial decision gonstruing such law, or commen law dootrins that woula otherwise prohibit release of the record. ¢-)) FREEDOM OF INFORMATION ACYT.-- Nothing in this Joint Resolution shall be construed to eliminate or limit any right to file requests witn any Executive agency other than the Review Board or seek judicial review of the decisions of such agencies pursuant to section 552 oer title 5, United states cede. (c) EXISTING AUTHORITY. -- Nothing in this goint Resolution revokes ox limits the existing autnority of the President, any Executive agency, the Senate, or the House of Representatives, or any other entity of the Government to release records in ite possession. esc. 12.: “@ERMINATION OF BYFECT OF JOINT RESOLUTION. ~ 21 ~
. G , i i : i } Hi Doc ID: 5666069" eh “@ ) 72k ap xN GENERAL. <= The provisions of this Joint Resolution which pertain to the appuintnent and operation of the Review Board shal cease to be effective when the Review Board and the teras of ite menbers have terminated pursuant to subeection 5 (1). The renaining provisions of this Joint Resolution shall continue in effect until such time as the Archivist vertifies to the President and the congress that all assassination materials have bean nade available to the public in accordance with this Joint Resolution. (b) REVIEM BOARD RECORDS . ~~ Upon its termination, the records of the Review Board, except such recurde as were appended te assassination material pursuant to section 9(a), shall ke offerea to the Archivist under the terms or 44 U.8.c. 2107. Prior to ite. termination, the Review Board shali designate for the archivist which of its records will be made available for public disciosure upon transfer and which will be withheld from public disclosure. For each record to ba withheld from public diectosure, the Review Board shall designate a date or an event upon which the record will become publicly available. ssc. 13, AUTHORTZATION OF APPROPRIATIONS. (a) IN GENERAL. ~= There are authorized to be appropriated euch eums as are hecepeary to carry out this Joint Resolution, to remain available unt 4 expended. | (b) INTERIM PUNDING. ~~ Until such tine as funds are appropriated pursuant. to subsection (4), the President may use - 22 °-
Doc ID: o6iion69" ' tim 3 wily bo. . i : such suns as are avaliabie for discretionary use to carry out this Joint Resolution. suc. 14, BEVERASILITY. If any provision | ot this Joint Resolution ox the application thereet to any person or circunetance is held invalid, the remainder of this seine Resolution and the application of that provision to other persons net similarly situated er to other circumstances shail not be affected by the invalidation. DRATT -- APRIL 21, 1992 see —_——