Document date: 04/02/1992
Document type: PAPER-TEXTUAL DOCUMENT

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Dọc Ref b: A4269480

DATE: 12/16/97

PAGE: 1

JFK ASSASSINATION SYSTEM

IDENTIFICATION FORM

AGENCY INFORMATION

NSA

144-10001-10230

ECORD NUMBE

RECORDS SERIES :

AGENCY FILE NUMBER

DOCUMENT INFORMATION

ORIGINATOR

FROM

DOD

DOD GENERAL COUNCIL

NSA

• GC

TITLE

JOINT RESOLUTION OF ASSASSINATION MATERIALS DISCLOSURE ACT OF 1992

DATE : 04/02/92

PAGES

: 1524

SUBJECTS

LEGISLATAIVE MATERIAL RE ASSASSINATIONS

DOCUMENT TYPE : PAPER, TEXTUAL DOCUMENT

CLASSIFICATION

RESTRICTIONS : 1A

CURRENT STATUS :

DATE OF LAST REVIEW : 10/12/95

OPENING CRITERIA

ORIGINATING AGENCY'S DETERMINATION REQUIRED

ONLY THE EVEN -NUMBERED PAGES OF THE DOCUMENT WERE LOCATED AT THE TIME OF

THE SEARCH FOR RECORDS.

[R] - ITEM IS RESTRICTED

Released on 08-12-2022 under the John F. Kennedy Assassination Records Act of 1992

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ARB, 23 ' 92

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•DIA

NBALC

classlfication

....Fou!

REQUEST/RECEIPT FOR TRANSMISSIO!

SITE

0930

RECEIVED

23 APR92 13: 15

FoX

DATE/TIME RECE!.::

DATE/TIME TRANSMITTED

GOL

951.

SSN NBR

TO BE COMPLETED BY REQUESTER

BirT tagitatire legislatve Issues...

CLASSIFICATION.

FOUQ

PAGES

32+C

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REMARKS:

Missy, ths was on my desk this marning when I came in,

no cdla when wai

slease call.

Lankeeind it, any additional?'

classification

Released on 08-12-2022 under the John F. Kennedy Assassination Records Act of 1992

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DEPARTMENT OF DEFENSE

OFFICE OF THE GENERAL COUNSEL

LEGISLATIVE REFERENCE SERVICE

DATE: April 22, 1992

MEMORANDUM FOR ACTION AGENCY--DGC(IC) + 697-2914

OTHER STARING-ANY, NaVY, AP, ASD(PA), INSA, DIA

INFORMATION--ASD(LA), IG, AGC

SUBJECT: IRS DESIGNATOR S.J. RES 282 SUSPENSE DATE 10a.M., 23APR92

Review the attached request and follow the instructions in the

box checked below.

Please call in a concurrence or no objection to

the IRS staff at 71305.

DO NOI CALI OMB On OMB requests. LRS will

assimilate all comments and notify OMB.

XXXXX|

Action agencies must respond by the suspense date or reguest 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

"Doesn't fox the problem dintermetin vice records

3. Gerts don Physical fecunty:

on rein buserble

4. Puble nares of decision lo postpone.

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| APR: 23 ' 92

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AM 10: 58

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EXECU

NE OFFICE OF THE PREBIDENT

OFFICE OF MANAGMENT ANd BUDGET

Apx11 21, 1992

LEGIBLATIVE REFERRAL MEMORANDUM

IRM #I -9:117

TO;

Legislative Liaison Officer -

STATE - Will Davis - 647-4463 - 225

DEFENSE - Samuel I. Brick, Jx.- 697-1305 ~ 325

TREASURY - Richard S.. Carro : 566-8523 - 228

VA - Robart Coy - 535-8113 - 229

GSA - Lonnie P. Taylor - 501-0563 - 237

NSC - William Sittmann = 456-6534

- 249

CIA • David Pearline - 482-6126 - 258

NARA - John A. Constance - 501-5110 - 277

FROM:

JAMES J. JUKES (fOT)

Rote bend for Sing s

Assistant Director for Legislative Reference

OMB CONTACT:

Jis BROWN (395-3457) / Genri Ratliff (395-3451)

SUBJECT:

Justice PROPOSED SUBSTITUTE RE: SJR 282,

Assasination Materials Disclosure Act of 1992

DEADLINE:

10:00 A.M. THURSDAY ADIj1 23, 1992

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 i'19.

Ploase advise us if this item will affoct direct spending or

receipts for purposes of the "pay-As-You-Go" provisiona of tit. i

XIII of the Omnibus Budget Reconciliation Act of 1990.

CC:

David Haun

Bruce McConnell

Bob Damus

Boyden Gray

Cora Beebe

Kevin Scheid

BruCe SaSSeI

Betsy Anderson

Gene Schaerr

Steve Aitken

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JOINT RENOLUTION

To provido for the axpaditious disclosuro of recordo rajovant

to tho assassination of president John f. Kennady.

Reselved by the senate and House of repissantatisas de the

OBOTION L. BHORT TILLS.

This Joint Resolution say be cited as tle "rasassination

MateriAls DiSCIOua dEt of 1992°.

8л0, 2.

PINDINOS, DECIRRATIONS, AND PURSORE:

(8) FINDINGS AND: DECLARATIONS. -- Ine Congresa sinds and

declares

that -

11) the legitimey of any goverment in a stoo godlety

depends on the content of the people:

(2) the ability of s goverruent in a fine socdety to

obtain the consent of the people 1s undermined to the degree

that the degret that the people do not trust thair

government,

(3) the disclonure of rocords in the pussussion of the

Governnent celovant to the assassination of Presidene John

5. Rennedy will contributa to the trust us the people in

the1r government:

(1) the disclosure of racords in the possession of the

Government relevant to the assaysination of Piesident John

P. Kennedy should proceed as expeditiously as practicable;

and

(5) al1 records in the possussion of the Government

rolovant to the assassination of president Jonn

P.

kennedy

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fyes

should be released to the public at the earliost oppostunity,

except where justification axista lor postponing the disclosure

of such racords to a specified time or following a specifled

pocurrenco in the futura.

(D) PURPOSE. - The purpose of sis Joint Resolution 1s to

secure the expeditious disclosure of racordo relevant to the

assasaination of president John D. Kennedy as soon se

practicable, consistent with the pubile interest.

DATINZHIONS.

In enis joint renorution:

(1) "Archivist" means the Archiviat of the unitod

states.

(2) "As8as81nation naterial neans o record that 10

germane to the ascassination of President. John ?. Kennedy,

but does not Include (A) material to the extent that it

partains to personnel matters or other administrativa

affalre of a congressional committee, the varren commisalon

or other Executive agency; or (B) the materials, including

the autopsy materials, donated by the kennedy camily to the

National Archives pursuant to a dead of gift regulating

access to those materials, addressed in subsection 10(b) os

thio Joint Resolution. As used In this subsection,

"aaninistrative affairao has reference striotly to

housekeeping functions.

.....

(3) "Committea" neans the House commilLes or senato

committee.

?

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(4) "ExacutIve agency" means an Executive agency as

definad in subeection 552(8) 01 title 5, United Btates code.

(5) "House Committee Deans the select committee on

Assassinations of the House of Representativor and the

Parmanent select connittoe on Intelligence of cho House of

Representatives acting under this Joint Resolution with

respect to assassination natorials in the custody of the

Mouso of Representatives.

(6) *National Archlues means the National Archives and

Records Adminiatration.

(7) "Originating body" seans the Exevutive agoncy,

conniasion, or congresaional committes that created tha

particular reoord or obtadned the particular record fros a

source other than anothes entity of Government, or the

custodian of recorde of that agenoy, comuiasion, or

committee for purposes of the Joint kesolution. Fox

purposes of this Joint Resolution, (A) the custodian os

raçords of the select committee on Assassinations of tho

House of Representatives is the permanent select committee

on Intelligence of the House of representativas: (B) the

custodian of records of the select committee to study

Governmental Operationa With Respect to Intelligence of the

senate is the select Committee on Intelligence of the

Senate; and (C) the custodian of records of the Karten

commission

is the Archivist of the unitad states.

3

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(8) "RACOIdE" Includes all booke, papers, Dape:

phozographo, machine readable naterials.. or other

documentary matarial, or parts thereos, regardless of

physical form or characteristico, made of receivad by the

House committae, the senate committee, an Executive ageney,

including the harron Commission, under federal law or in

connection with the transaction of publie businees and

presarved or appropalate tor preservation by the House

conmittoe, sonate Committea, Harren Complasion, the National

Archives, or other Executive agency, as evidence of the

organization, sunctions, polloies, decisiona, procoduras,

operations, or other activitios of the Unfted statco

Government.

(9) "Review Board" moans the Assassination Material

Review Board established under section 5.

(20) "Senate Committoo" neans the seloct committee to

study governmental Operationa with Respect to Intelligenco

of the sonato and the select connittee on Intelligenco of

the senate acting under this Joint Resplution with sespoet

to assaugination materials in the custody os the senate.

(11) "Harron comminsion" neans the president's

commiesion on the Assassination of Predident Jons F.

Konnedy.

BBC.

PUBLIC DISCLOBURE DE MATBRIALS BY CONGRISS AND 52Z

BZSCUTIVE DRANCE.

(a) IN GENERAL. -- Excapt for assassination material or

particular Incormation In assassination material the disolosuro

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3. 8.59

of which 18 postponed under saction o, all asgasoination

natorials shall be transforted to the National Archives and made

available

for inspection and copying by the general pubilo as

soon as praoticabla.

(D) FEES FOR COPYING.- The ArChIVISt shall charge foso for

copying assassination materlala in accordance with ds U.s.c.

2116(0).

(C) PRINTING AND DISSEMINATION OF ASSASSINATION MATERIALS. --

(1) The Archivist may provide to the Government Printing office

copies of those assassination materials Identified by the Review

Board as having broad public interast. The Governnent printing

office shall print copies of the records so provided and make

then available sor sale to the publie.

(2) Assassination materials printed by the Government

Printing office pursuant to this subsaction shald be placed

in libraries throughout the Unlted States that are

Government depositories in accordance with the provisions of

chapter d9 01 title 44, United States codo.

ВЗС. В.

ABBASBINATION MATINIALS REVIEN DONNO.

(a) ESTABLISHNENI, ' There Is established as an indopendent

agency in the Executive branch a board to ba known as the

dasaasination Matarials Raviow Board.

(b) APPOINTMENT. - (1) The President, by and with the adries

and consent of the senate, shall, within ninety calendar daye of

The data of enactuert of this Joint Resolution, appoint five

persons tu serve as menders of the Raviow Board.

It is the sense

5

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of congross that such parsons should be distingulared and

Impartial private citizens, that none should predontly bo

employees of any bianch of the faderal voverinent, and that nona

should have had any previous invodvement with any investigation

or inquiry relating to the assassination of president Jonr?.

Kennedy.

In addition, it is the sense of congress that persone

appointed to the Revinw Board should de appointed vithout regard

so political affiliation.

(2) A vacancy on the Review Board shall be silled in

the same manner as the original appointuent was sade under

paragraph (1) o1 this cubeastion.

(0) CHAIR. -- The marbere of the Review Board ahall eldot 1

of 1ts membere as chair at ito initial meating.

(8) COMPENSATION OF MEMBERS. -- (1) A senbes of the Roview

Board shall be compengated at a rate equal to the daily

eguivalent of the annual rate of banic pay preseribad los lover

IV of the Executive schedule under section 3315 of title 5,

United Btates code, for each day (including travel tine) during

which the nonber 1s engaged in the perfomance of the duties of

the Reviow BoarA.

(8) A member of the Raview board shall be allowed

reasonabie travel expenson, Ineluding per dieu in lieu of

subsistence, at ratas authorized for

employees of agencias

under subchapter I Of chapter 57 of titles, United stateo

code, while away fron the

member's home or regular place of

€

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noth

DuBiness in the perioraance of services for the Raviou

Board.

(0) STAFF. - (1) The RevieW Board may, without rogard to the

civil serpice laws and regulations, appoint and terminate an

ExecutIve Diseetor and such other additional personnel as aro

necessarY to anable the Rovian Board to parsotto ito duties. Tho

individual appointed Exocutive Director anall bo a parson of

integrity and impartiality who is not a present employee of any

branch of the government and has had no previous involvesent with

any investigation or inguiry relating to the ascaseination ot

president John P. Kennedy.

(2) The Rovion Board sey six the compensation of the

Executive Director and other personnel without regard to the

provisions of chapter 51 and subchapter III of chapter 53 ol

title 5, United states code, relating to classification of

positions and General Schedule pay rates, except that the

rate of pay for the executive Directos and other perzonnel

may not exceed the rate payable lor leval v of the Bxecutive

Schedule under section 5326 of that titlo.

13) At the request of the Executive Diractor, Executiva

agencies, including the National Archives and other

originating bodies within the axecutive branch, shall detail

to the Review Board such employacs as may ba necessary and

appropolate to carry out the revien raquired by this Juint

Resolution. Any employee detailed to the Review Board for

this purpose shall be detailed without rainburserent, and

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such detail shall be without interruption or 1089 of elvil

service status or privilogo.

(4) The Ravdew board may procute temporary and

intermittent services under section J109(D) os title 5,

United states code, at rates for individuale that do not

excead the daily equivalent of the annual rate of basic pay

prescribed for laval los the executive schadulo undes

saction 3016 of that title.

(1) INAPPLICABILITY OF CERTAIN LAWS.•-

the

following

law&

shall nut apply to the Revlow board:

(1) subchapter II of chapter s or

titla s, United

statos code.

(2) Chapter 7 of title 1, Unlted states code.

(3) Section 3103 and 3344 of title 5, United Stores

code,

(9) DUTIES. - The Roview soard shall consider and render

docisiona on referrals by the Executive Director and appeale as

provided in section? for a determination --

(1) whether a record constitutes assassination material

subjact to this Joint Resolution, and :

(2) whether a record of particular information in a

record quailries for postponenent of disclosure undur thie

Joint resolution.

(1) REMOVAL.-' (1) A nember of the ReVieW Duaid may bo

removed from office, other than by impeachment and conviction.

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only by the action of the prosident of the ditornay conoral

acting on bahall of the president.

i (A) If a member of the Review Board is ranoved iron

office, the Attorney Ganeral shall promptly submit to the

the committee on the judiciary of the house of

Representatives and the committee un the Judiedary of tho

senate a report specifying any faoke found and the

gLOunds tOE reboval.

(B) The Conmittee on the Judiolary of the House of

Representatives and the committee on the Judiciary of

the senate shall make available to the public a report

subaitted under aubparagraph (A) of this paragraph,

except that either committee nay, ls necossary to

protect the rights of a passon nomed in the report or

to prevent undue interference with any ponding

prosecution, postpone or refrain fion publioning any or

all of the report.

(1) OVERSIGHI. - (2) The appropilato committee of the House

•I Representatives and the select committee on Intelligence of

the senate shall have continuing oversight jurisdiction wich

raspoct to the official conduct of the review board, and tha

Review Board shall cooperate in the exercise of such oversight

jurisdiction.

(2) The Review Board shall submit to the congreas auch

atatements or reports on the activillas of the Review Board

as the Review Board confidarE to be appropriate, in addition

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to the notiiications required by section 8(g) of this joint

Resolution.

(1)| SUPPORI SERVICES. -- Ine Adainistrator of tho Coreral

Services Administration shall provide administrative services sor

the Reviou soard on a reimbursable basio, The Archivist shall

provide support servicas for the Review Board, Including, so

recessary, office space, clerical support, and other personnal

support, un a reimbursable basis.

(K) REGULATIONS. =- The Raviow Board 15 authorizod to

pronulgate such regulations as say be necessary to ispiament tha

provisions of this Joint Resolution.

(1) TERMINATION, ∞ (1) Tha Ravion Board and the termo of its

ma=bers shall terminato within two years of the date upon whlch

the Revieu Boara 18 Iormally constituted pursuant to this soint

Resolution and begine operatione: Resulded, That, de the Review

Board has not completed its work pursuant to this Joint

Renolution within auch two-year period, 15 say, by najority vote,

extend its term for an additional one-year perlod for such

purpose: Any additional extension of the Review Board and the

terns of its nenbers shall be authorized by law.

(2) At loast thirty calendar days prior to the

completion of lte work, the review soard shall provide

written notice to the congrass of 1ts intention to

terminate

1ts operations at a spocified dato.

8.

GRODADA POR POSTPONEMENI OF DIBCLOSURE.

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Disalosure to the goneral public of astaosination astorial

or particular information in assassination material say ba

postponed 11 ita release could reasonably be oxpooted to--

(1) (A) involve matters specifically authorized under

cIltaria establishod by Exocutive ordos to ba kept secret in the

interest, of national defonse or foraign polloy and that aro, 11

fact, proporly classified pursuant to such executive ordes a

(B) (1) reveal the identity of an intelligence agent,

1noluding an intelligence agant of a taraign governaent,

(11) reveal an intelligence source or method that lo used,

Or which 10 reasonably expected to be used, by the

United states Governments or (111) reveal any other matter

relating to the military defense, intelligando cryptol

operations, or conduct of foreign relations of the United

(2) constitute an unwarranted invasion of personal privacy.

In velghing a person's privacy interest in information sound in

assassination material againat the pubile's interest in

disclosure, the public's interest in disclosuro shall be

considered substantial, For the purposes of this subsection,

deceased persons shall have no privacy interests in information

found in assassination naterial.:

(3) disclose the identity of a confidential souroes

(4) alaclose a tochnique or prooedure that is utilized, or

unich say be reasonably expected to be utilized, by any law

entorcement agency, and thai is not well know to the public.; or

1.1

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(8)

endanger the life or physical salaty of any individual.

ввс.?.

REVIEW OF MATERIALS BY THE EXSCUTIVE DIRIETOR.

(a) RELEASE OF ALL ASSASSINATION MATERIALS IO THE EXECUTIVE

DIRECTOR, -- Each Executiva agenoy, including the National

Archives, the cantral Intelligance agency, the reúaral Durosu of

Invastigation, and the House and Bunate Committeea, shall nake

available to the Executivo Director all assassination satorinla

in their possession, which are not currently avallable tor publie

inspaotion (include provisdon accommodating concern rogarding

physical production of information that discloses confidential

sources and national security information), Where an agency or

committee is uncertain 1I a record is assassination satertol, it

shall make that racord available to the executive director. The

Exacutive Director shall have the authority and responsibility,

whore circumstances warrant, to inquiro of any Executive agency

of committee as to the existence of further recorde that may so

assassination materials beyond those nade available by that

agoney or committes and to obtain access to such racords.

(D) EXECUTIVE DIRECTOR RESPONSIBILITY, -- The Executive

Director shall have responsibility for revlewing all

assassination materials that are not ourrently available for

publia inspection.

(9) CONSULTATION BY EXECUTIVE DIRECTOR. - The Executive

Diractor say consult with the originating

body for advice and

intormation in coaching a decision with respost to the disclosure

or nondiaclosuro of assassination matoriale.

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(d) PRESUMPTION FOR RELEASE, -- In the auberco of persuasiva

evidence that an assassination materlal or particular information

within an assassination material salis within the exemptions

antablished in section 6 of this Joint resolution, the Exeoutiva

Director shall direct that the assassination batarial or

particular information

bo released purguent to subsection

7(8)(1).

(0) EXECUTIVE DIRECTOR DECISION, -- After reviou of sach

record, the Executive Director shall, as soon as praotioable

after the date of enactment of this Joint Resolution, either --

11) notify the originating body of bodles that the

record is decadaination asterial that le appropriate for

release in 1t8 entirety pursuant to the standards

established in this joint resolution, In such erent, the

Executive Director shall transnit the record to the

Archivist and the Archivist shall make the record available

sor Inspaction and appropriate copying by the public, unloas

within ninety calendar days of notification an originating

body filed a notice of appead with the Review soard:

Brexided, that any record that, in the judgment of the

Executive Director, arguably falls within aubrection 6(2),

shald automatically be referred to the raview board pursuant

to subsection 7(6) (2) (0)1 0r

(2) refer the record to the review Board, accompanied

by a written determination, Indicating one of the tollowing:

(A) that, in the Executiva Director'e judgoent,

the record 15 not assanaination material,

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(9) that, in Ino Executive Director's judgment,

the record is assassination naterial that qualifles for

postponement of disclosure undar section 6 or contains

particular infommation that quallfies for postponement

of disclosure undor section o:

(6) that full Review soard investigation and or

Reviow Board judgment appuars appropilato for a

determination as to whethor the rocord or particulai

Incormation in the recora qualitlas los pustponement of

disclosure under section o and thus that thlo

determination shall de vasted in the Reviou soArd

rather than the Executive Director; or

(D) that, in the Executive Director's judgment,

the record arguably sails within subsaction 612) and

thus that the determination as to whether the recora

qualltias for postponement of disclosure shall be

vested in the Review Board rather than the Executivo

Director.

b. 0.

DETERKINATIONE BY INE dIVISN DONNO.

(" APPEALS AND REFERRALS, -- The RevieN DOArd shaLl roUlen

and apply the standards for release set surth in thie Joint

Resolution to .

(1) all records that are the subjost of opponla

puiquant to section 7(8) (1), and

(2) all records safaried to the Review board by the

Executive Director pursuant tu section 7(e) (2).

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8. 18.58

(D)

PRESUMPTION TOR RELEASE,-= In the absenco of perouasive

evidence

that an assassination materdal or particular infosmation

within as assassination material falls willin the exeuptions

established in section o of this Joint Resulution, the soara

shall direct that the assassination natorial or particular

Information be released pureuant to subeaction a (h).

(0) POWERS. - The Review Board shall have authority to hold

nearings, administer osths, and auxpoena wiliesaeo and doouronts,

and dia subpoenas say be enforcad in any appropilato Padasai

court by the Department of Justice acting puravant to a Lausua

request of the Raviow Board.

(8) ADDITIONAL MATERIALS. -- The Reviaw Board shall have ene

authority and responsibility, thera clrcunstances worrant, to

inquire of any Executive agency, Including the National Archives,

or the House or Senate Committoes, as to the existones of furthor

records that may be ascassination materiala beyond those made

avallable by that agency or connittee, and to oblain access to

(8) WITNESS INMUNITY. -- The RaVieW Board shall be considered

an agency of the United States for purposes of section 6002 ol

titla 18, Unitod states Code.

(I) REVIEW BOARD DETERMINATIONS. -- After revlow of ouch

record, the Review Board shall determine whether such reoord ic

assassination material, and, il 5o, whether such assasalration

material, or particular information in the ascaasination

matorial, qualifios for postponement of disclosure puravant to

- 1! -

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saction ó. Any ransonably segregable particular inferzation in

an assassination material shall be considered los reloano eftor

deletion of information in that assassination natarial that

qualifion for postponement of disclosure, moro an antira

assassination naterial qualilios lor postponenent of diaclonure

pursuant to section 6, the Board say, after consultation with the

originating body, and 11 consistant with and to the axtont

consistent with section 6, create and prepare for releano a

SUMMAIY of the assassination material in order to provide for the

fullest disclosure feasible, there particular information in an

assassination materlal qualifios for postponement of dicolosure

pursuant to section 6, the Board may, after consultation with the

originating body and if consistent with and to the oxtent

consistent with section o, create and propate for tolando

appropriate substitutions for that information in ordor to

provide lot tha fullest disclosure seasibio.

(9) DECISIONS TO POSTPONE, - MherO the Board determines that

a record is not assassination matarial, or that a rocora, or

particular information in the record, qualifies tos postponenant

of disclosure pursuant to section o, the Board shall tranenit to

the originating body written notice of such doteraination,

cogether with a copy of the record at issue. Buch notice shall

contain a statement of the reason of reasons for the board's

decision. Any decision of the Board that a record in not

assassination material, or that disclosuie: of a record or

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particular information in a racord snould be postponed pursuant

to faction 6, shall not da subjaci lu judiciad coview.

(h). DECISIONS TO RELEASE, - Whare the RevioW Board

determines that a racord, particular information in a record, a

summary of a record, or a substiaution sor particulas intormation

in a record 1s appropriato for reloads puzovant to thia Joint

Resolution, the Review Board shall tranandt to the originating

body written notice of lta detarmination. In such event, the

Review board shall traneuit the tacord, particular information,

sunDary, of substituto to the Archivist, and the Archiviat shall

make such material availablo sor inspection and appropriate

copying by the public, unlesa, within one hundred and trenty

calandar days of the date on which the board has notifled the

originating body, the President has certified to the Ravior Doard

and the Archivist that disclosure of the material would not be in

the public interest, in which case release of the natarial shall

Da postponed, and this decision shail not be subject to judicia

raview.

(1) PRESIDENTIAL NOTICE TO CONGRESSIONAI COMMITTERS. --

Whanevet the president makes a dertification pursuant to section

B (1), the Prosident shall submit to the appropilate committoo of

the House of representatives and the solect comitteo on

Intelligence of the senate a written statement sotting forth the

reabon or reasons loI superbeding

the Board's determination.

(J) BOARD NOTICE TO PUBLIC. -• Every sixty calendar days,

paginning sixty calendar days after the dale on which the Review

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soard first postponed tolease of any assassination naterial

pursuant to section 8(g), the Board shall make availablo tos

publis inspection and copying a notice of all such postponenenta

deterainad over the sixty-day pariod, including a dascription os

the Bize and natura of dach assanaination naverial concernod and

the ground of grounds for postponament.

(X) PRESIDENTIAL NOTICE TO PUELIC.-- In any CaGO In Which a

determination of the Board to ralesuo assassination material 1a

aupersaded by the president pursuant to section B(h), the

Prosident shall Within ten calendar days publIsh In tie Pederal

Register notice of such action, including a description of the

sizo and naturo os the assassination material concerned and tho

ground os grounde for postponenent.

(1) IMMUNITY FROM SUIT.- No persOn shall have a cause of

action against serbers, enployees or detolleas of the roudew

Board arising out of any action or railure to acl with regard to

assascination material under this Juint Resolution.

BAG, 9, MARXING AND REVILM OI MATERIALS YAS DIACIOURS OR MAICE

(a): MARKING, - With respect to each assaagination saterial

or particular information in assassination natarial tho

diaclosure of which is postponed purauant tu section e, or for

which only substitutions of sunmarjas have been released to the

pubiie pursuant to subanction alhi, the raviow Board shall append

to the material (1) all records oi proceedings conducted purguant

te this Joint Resolution and relating to une material and (2) a

statement of the Reviow board dasignating, based on a revlow of

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the proceadings and in conformity with the dacialons roflected

Lherein, a specifiod time at which or a specifind docurrenco

collowing whies the material may appropriataly do raconsiderad

sor release pursuant to the standards established in this Joint

Resolution. The Review Board shall then Liangler the material

and appandices to the Archivist los placement in the Archives

under seal.

(6) REVIEW. - The sealed assassination materials transterred

by the Raviow Board pursuant to this sactlon shall ranain subject

to the atandards Ior release astablished by this Joint

Resolution. It shall be the continuing duty of the Archiviot to

ravion the sealed assassination materiald and the docusents

appended therato pursuant to this section and to rosubnit

ansassination materiale to the raviow board, 1I 1t 15 8t121 In

axistence, or to the originating body, 1i the Revien Board has

been abolished, whenever it appeare to the archivlot that revlew

may bo appropriate.

SIC, 10. DISCLOBURE DY OTEER MATERIALE AND ADDITIONAL STUDY.

(a) MATERIALS UNDER SEAL UN CUURT. - (2) The Reviaw Board

may request the department of justlee to petition any court in

the United States or abroad to ralease any information relovant

to the abbassination of. President John I. Kennedy that 1s hold

under gel of the sure.

(2)(A) The Review joard may request the Attorney

ceneral to petition any court in the United states to

releaso any intormatio,. ralevant lu the assagsination of

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PresIdent John f. Kennady that de peld undes the infunetion

of secrooy of a grand jury.

(B) A request for discioduce of sebaumination

materials under thia Joint Resolution shall ba dessed

to constitute a showing or particularized noad under

Rule 6 of the rederal Rules of eriminal Procoduro.

(6) AUTOPSY MATERIAIS, On ThE RAVioN sUArd shado, purauart to

the terma of the applicable deed of gill, suet accaas to the

autopsy, photographs and xurays donated to the National Aronivod

by the kannedy family under the deed of glit. Ine Review Board

anall, as soon as procticable, submit to the appropriato

connittoo of the house and the select committee un Intolligaroo

of the senate a report on the statue of these materialo and on

access to these naterlals by indiviauals consistent with the deed

of gift. i

(C) SENSE OF CONGRESS, -- It is the sendù of Congress that --

(1) the Attorney General should assist the review Board

In good faith to unseal any records that the Ravion Board

determines to be relevant and held undet seal by a court or

under the injunction of secrecy of a grand jury:

(2) the secretary of state slould contact the

goverment of the Republic of russia and seek the discloure

of all incords of the government of the formax sortet union,

Including the escords of the konitel dosudaratvannoy

Bazopasnosti (KGB) and the Glavnoye Razvedyvatelnoye

Upavlaniye (GRU), relevant to the assassination of

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President kennedy, and contact any other: foreign government

that nay hold information relevant to the ausassination of

President Kennedy and seek disclosure of such information:

and

(3) a11 Executive agencias ahould cooperate in full

Wich the review soard to seet the discloburo of all

intormation relevant to the assassination of President

John F. Kennedy consdetent with the publáo interost.

ABC. 1I. RULES ON CONSTRUCTION.

(a) PRECEDENCE OVER OTHER LAH, " A declaion of the Executive

Director DI Raview Board regarding disclonuse oi postponorant of

asselosure of a incord shall take procedenco ovar any other jan,

judielal decision construing such law, or common low dootrina

that would otherwise prohibit release of the record.

(D) PREEDOM OF INFORMATION ACZ. -- NOtHINg In this joInt

Resulution shall ba construed to eliminato or limit any right to

filo roguests with any Executive agency ollai than the Raview

Boaxd or goex judicial roview or che decisions of such agenajes

pursuant

to section 552 or title s, unitad states codo.

(E) EXISTING AUTHORITY, - Nothing in this Joint Resolution

rovokes or limits the existing aulnority of the presidone, any

executive agency, the senate, of the house uf Reprasentativos, or

any other entity of the Government to release recordo in lte

possession.

SIC. 12. TERMINATION OP SYFECT UF JOINT REBOLOTION.

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(2) IN GENERAL..

•The provisions of this Joine resolution

which pertain to the appointment and operatioi os the Reviow

Board shall cense to be effective whon the revlew board and the

taras of lite menbors have torminated pursuant to subsection 5(1).

The remaining provisions of tals jolnt resolulion shall continuo

in efsect until such timo au the archivial vertifios to tho

president and the congress that all assansination materials hava

baen sade available to the public in accordance with thia joint

Resolution.

(D) REVIEW BOARD RECORDS, -- Upon Its termination, tho

records of the Rovlew Board, excapi such reuvido as maro appended

to assassination matorial pursuant to section elal, shall be

offered to the archivist under the terno of da U.g.c. 2107.

Prior to its termination, tho Reviaw soard sliall designate sos

the Archluist which of lis Incoras will da made available tor

public disclosure upon transter and which wiil be withheld trou

publle disclosure. For each recora to ba withheld irca public

diaclosuçe, the Rovlow Board shall designato a date or an evant

upon which the racord will bocone pubidoly avallable.

BAC. 1S, NUZRORIZATION OF APPROPRIATIONS.

(a): IN GENERAL, "- There are authorized to be appropriatad

ouch suns as are neceusary to casty out til Joint fasolution, to

romain avallable until expanded.

(b) INTERIM FUNDING. -- Until such time as fundo are

appropriated pursuant to subsection. (a), the President may ucc

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such suns as aId avallable lOI disciationary uso tO cartY out

this Joint Resolution.

II any provision of this joint resolution or the application

therent to any person

or circunstance la hold invalid, tha

remainder of this Joint resolution and the appalcacion of that

provision to other parsons not siuliarly situatod or to other

carcumstances shall not be affected uy the invalidation.

DRAFT

-.

APRIL

21,

1992

23

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