ARRB - JFK ACT
Originator: CIA
Document date: 03/03/1993
Document type: PAPER - TEXTUAL DOCUMENT

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104-10333-10010

2022 RELEASE UNDER THE PRESIDENT JOHN F. KENNEDY ASSASSINATION RECORDS ACT OF 1992

S. 3006

p..n. ccdcan.nm..

Onc hundred Second Congress of the Mnited States of America

AT THE SECOND SESSION

Begun and held al the Cily of Wushington on Friduy, the shird day of January,

one thousand nine hundred and ninely-1200

HITF Un.

To provide for the expeditiou dila ve recede relevant to the assassination

Se it enacled by the Senale and House of Representatives o

hc United Stales of America in Congress assembled

SECTION 1. SHORT TITLE.

This Act may be cited as the "President John F. Kennedy

Assassination Records Collection Act of 1992".

SEC. 2. FINDINGS, DECLARATIONS, AND PURPOSES.

(a) FINDINGS AND DECLARATIONS.-The Congress finds and

declares that—

It all Government records related to the assassinatio

¡ President John F. Kennedy should be preserved for historic

and governmental purposes;

(2) all Government records concerning the assassination

the history surrounding the assassination;

(3) legislation is

independent and a counte pro as crate pubie dorcese,

of such records;

tion of President John F. Kennedy; and

Kennedy rosa lion toas Colicio aride National

Archives and Records Administration; and

(2) to require the expeditious public transmission to the

rchivist and public disclosure of such records

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SEC. 3. DEFINITIONS.

In this Act:

(1) "Archivist" means the Archivist of the United States.

came into the possession.of

mental operations Ste entitle i Shudy civer

(the "Church Committee");

(D) the Select Committee on Intelligence (the "Pike

Committee") of the House of Representatives;

E) the Select Committee on Assassinationg (th

House Assassinations Committee") of the House of Rep

resentatives;

(F) the Library of Congress;

(G) the National Archives and Records Administration;

(H) any Presidential library;

(I) any Executive agency;

(J) any independent agency;

(K) any other office of the Federal Government; and

(L) any State or locat law enforcement office that pro-

ided support or assistance or perlormed work in conne

on with a Federal inquiry into the assassination of Pres

dent John F. Kennedy,

tions made from such records.

Assassination Records Collection Persiste J under section dy

(4) "Executive

independent regulatory agency.

(5) "Government office"

means any office of the Federal

Government that has possession or control of assassination

records, including-

•) the House Committee on Administration wi

gard to the Select Committee on Assassinations of t]

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John F. Kennedy and the Commission on Central Intel-

ligence Agency Activities in the United States; and

(E) any other executive branch office or agency, and

any independent agency.

(6) "Identification aid"

means the written description pre-

pared for each record as required in section 4.

(7) "National Archives

means the National Archives anc

Records Administration and all components thereof, includins

Presidential archival depositories established under section

2112 of title 44, United States Code.

and any

mittee, or at the request of any Government official.

.. I

within a record.

(10) "Public interest"

prompt pupil intesure of assassination elord inter historiche

(11) "Record".

includes a book, paper, map, photograp

sund or video recording, machine readable materia

ized, digitized, or electronic information, regardless of the

medium on which it is stored, or other documentary material,

regardless of its physical form or characteristics.

(12) "Review

Board" means the Assassination Records

Review Board established by section 7.

another agency.

relating to the assassination of President John f. Kennedy, which

shall be transmitted to the National Archives in accordance with

(A) all assassination records—-

(i) that have been transmitted to the National Archives

or disclosed to

the public in an unredacted form prior

to the dale of enactment of this Act;

(it) that are required to be transmitted to the National

Archives; or

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Act;

(ili) the disclosure of which is postponed under this

B) a central directory comprised of identification aids cre.

ated for each record transinitted to the Archivist under sectior

(C) all Review Board records as required by this Act.

(L) DISCLUSURE

RECORDS.—All

assassination records

ransmitted to the National Archives for disclosure to the public

hall be included in the Collection and shall be available to the

lo a man veer paint to prison corde and,

such fees pursuant to the standards

stablished by section 552(a)(4) of title 5, United States Code

and restricted for use under the terms of this Act

(2) The National Archives, in consultation with the Information

Security Oversight Office, shall ensure the security of the postponed

assassination records in the Collection.

(e) OVERSIGHT.-The Committee on Government Operations of

the House of Representatives and the Committee on Governmental

Affairs of the Senate shall have continuing oversight jurisdiction

with respect to the Collection.

SEC. 5. REVIEW, IDENTIFICATION, TRANSMISSION TO THE NATIONAL

ARCHIVES; AND PUBLIC DISCLOSURE OF ASSASSINATION

RECORDS BY GOVERNMENT OFFICES.

(a) IN GENERAL.—(1) As soon as practicable after the date

of enactment of this Act,

each Government office shall identify

and organize its records relating to the assassination of President

John F. Kennedy and prepare them for transmission to the Archivist

for inclusion in the Collection.

(2) No assassination record shall be destroyed, altered, or muti-

lated in any way.

(3) No assassination record made available or disclosed to the

public prior to the date of enactment of this Act may be withheld,

requirements uf section 6) shall be withheld, redacted, postponed

for public disclosure, or reclassified.

(b) CUSTODY OF ASSASSINATION RECORDS PENDING REVIEW.-

uring the review by Government offices and pending review acti

y by the Review Board, each Government office shall retain cu

tody of its assassination records for purposes of preservation, secu-

ity, and efticiency, unless-

ecords toe Revise i cod veguires thed edent arad impar-

tial review;

(2) transfer is necessary for an administrative hearing or

other Review Board function; or

(3) it is a third agency record described in subsection

(c)(2)(C).

!

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enactmen or is Ac, ach tore rime of de shal revive, date o

2) In a determine prich or is coves are fae shall

(A) determine

f its record.

olicial dischine or puit sassinate on et compare beed

11) specity on the identification aid required by subsectio

d) the applicable postponement provision contained in sectios

(E) organize and make available to the Review Board all

assassination records identified under subparagraph (D) the

• public disclosure of which in whole or in part may be postponed

under this Act;

Eg "

(G) give pronty to-

(i) the identification,

review, and transmission of all

assassination records publicly available or disclosed as of

the date of enactment of this Act in a redacted or edited

form; and

1) make available to the Review Board any addition:

formation and records that the Review Board has reaso

section 2112 or tie 16, Unit a States Code, phal have as a proris

no send unite to th some bore want by .

he date of enactment of this Act,

review under this Act.

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o the Archivist shall ensure that the identification aid pri

Tam is established in such a manner as to result in the creatio

of a uniform system of electronic records by Government offices

that are compatible with each other.

(2) Upon completion of an identification aid, a Government

office shall-

describes when it is transmitted to the Archivist.

Nation Archives ion the date henactment o esse, and of the

nave been publicly available in their entirety without redaction

shall be made available in the Collection without any additional

review by the Review Board or another authorized office under

this Act, and shall not be required to havé such an identification

aid unless required by the Archivist.

(e) TRANSMISSION TO THE NATIONAL, ARCHIVES.-Each Govern-

ment office shall

(1) transmit to the Archivist, and make immediately avail-

able to the public, all assassination records that can be publicly

disclosed, including those that are publicly available on the

dale oi enactment of this Act, without any redaction, adjust-

ment, or withholding under the standards of this Act; and

Collection.

(1) CUSTODY OF POSTPONED ASSASSINATION

(g) PERIODIC REVIEW OF POSTPONED ASSASSINATION RECORDS.-

(1) All postponed or redacted records shall be reviewed periodically

by the originating agency and the Archivist consistent with the

recommendations of the Review Board under section 9(c)(3XB)

(2)(A) A periodic review shall address the public disclosure

of additional assassination records in the Collection under the

standards of this Act.

description shall be provided to the Archivist and published in

(C) The periodic review of postponed assassination records shall

serve to downgrade and declassify security classified information

assassination record shall be publicly disclosed ir

and available in

the Collection no later than the date tha

is 25 years after the date of enactment of this Act, unless th

President canine me in any ne a lan pride:.

law enforcement, or conduct of foreign relations; and

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(ii) the identifiable harm is of such gravity that it outweighs

SEC. 6. GROUNDS FOR POSTPONEMENT OF PUBLIC DISCLOSURE OF

RECORDS.

isclosure of assassination records or particular informatio

in assassination rerords to

o the limitations of this At the reside and constring gallec

(A) an intelligence agent whose identity currently

requires protection;

(B) an intelligence source or method which is current!

stilized, or reasonably expected to be utilized, by the Unite

States Government and which has not been officially dis-

closed, the disclosure of which would interfere with the

conduct of intelligence activities; or

(C) any other matter currently relating to the military

(2) the public disclosure of the assassination record would

reveal the name or identity of a living person who provided

confidential information to the United States and would pose

a substantial risk of harm to that person

(3) the public disclosure of the assassination record coul

SEC. 7. ESTABLISHMENT AND POWERS OF THE ASSASSINATION

RECORDS REVIEW BOARD.

and consent of the senate,

Consent of The Senate, a Preside, w our regard to padrice

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alfiliation, 5 citizens to serve

as members of the Review Board

to ensure and facilitate the review, transmission to the Archivist,

and public disclosure of Government records related to the assas-

sination of President John f. Kennedy.

not later ear ad calend makes aer the d to the Reactment of

this Act.

3) If the Senate votes not to confirm a nomination to ti

eview Board, the President shall make au additional nominatic

not later than 30 days thereafter.

(4)(A) The President shall make nominations to the Review

(B) If an organization described in subparagraph (A) does not

recommend at least 2 nominees meeting the qualifications stated

in paragraph (5) by the date that.is 45 days after the date of

enactment of this Act, the President shall consider for nomination

the persons recommended by the other organizations described in

subparagraph (A).

(C) The President may request an organization described in

• subparagraph-(A) to submit additional nominations.

{5) Persons nominated to the Review Board-

(A) shall be impartial private citizens, none of whom is

presently employed by any branch of the Government, and

none of whom shall have had any previous involvement with

Pastore Jon emane, relating to the assination or

(B) shall be distinguished persons of high national profes-

sional reputation in their respective fields who are capable

of exercising the independent and objective judgment necessary

to the fulfilment of their role in ensuring and facilitating

oh revies related is in assassinatin of residen schos re

Kennedy and who possess an appreciation.of the value of such

matenal to the public, scholars, and government; and

(C) shall include at least 1 professional historian and 1

attorney.

(c) SECURITY CLEARANCES.—(1) All Review Board nominee:

shall be granted the necessary security clearances in an accelerated

manner subject to the standard procedures for granting such clear-

2) All nominees shall qualify for the necessary security clear

ance prior to being considered for confirmation by the Committe

of 3 Review Board members.

(2) The Committee on Governmental Affairs shall vote on the

nominations within 14 days in which the Senate is in sessior

after the confirmation hearings, and shall report its results t

the full Senate immediately.

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(3) The Senate shall vote on each nominee to confirm or reject

within 14 days in which the Senate is in session after reported

by the Committee on Governmental AlTairs.

(e) VACANCY.—A vacancy on the Review Board shall be filled

ill the same manner as specified for original appointment within

(1) CHAIRPERSON.-The Members of the Review Board shal)

elect one of its members as chairperson at its initial meeting.

(R) REMOVAL UF. REVIEW BOARD MEMBER.(1) No member of

the Review Board shall be removed from oflice, other than—

(A) by impeachment and conviction; or

(B) by the action of the President for inefficiency, neglect

of duty, malfeasance

in nifice, physical disability, mental

incapacity, or any other condition that substantially impairs

the performance of the member's duties..

(2)(A) If a member of the Review Board is removed from office,

and that removal is by the President, not later than 10 days

after the removal the President shall submit to the Committee

on Government Operations of the House of Representatives and

the Committee on Governmental Affairs of the Senate a report

(D) The President shall publish in the Federal Register a report

submitted under paragraph (2 A), except that the President may,

if necessary to protect the rights of a person named in the report

or compare of act ending case r pure pro rio.

tion requirements in law.

(3)(A) A member of the Review Board removed from office

may obtain judicial review of the removal in a civil action com-

menced in the United States District Court for the District of

(B) The member may be reinstated or granted other appropriate

relief by order of the court.

(h) COMPENSATION OF MEMBERS.—(1) A member of the Review

B the annual came test pay te scribed the del eate

f the annual'

Executive Schedule under section

exee, tore ach day including travel times during which the emates

is engaged in the performance of the duties of the Review Board

consider and render decisions—

(A) whether a record constitutes an assassination record;

(B) whether an assassination record or particular informa

ion in a record qualifies for postponement of disclosure unde

this Act..

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() POwERS.(1) The Review Board shall have the authority

to act in a manner prescribed under this Act including authority

A) direct Government offices lo complete identificatio

ids and organize assassination records

(B) direct Government offices to transmit to the Archivist

assassination records as required under this Act, including

segregable portions of assassination records, and substitutes

and summaries of assassination records that can be publicly

disclosed to the fullest extent;

uals, which the Review Board has reason to believe is required

to luthll its functions'and responsibilities under this Act; and

sons to compel testimony, records

evant to its responsibilities under this Act.

D) require any Government office to account in writin

or the destruction of any records relating to the assassinatio

of President John F. Kennedy;

(E) receive inforination

idont receive i prit dis from be publis, regar records:

(*) hold hearings, administer oaths, and subpoena wit-

nesses and documents.

2) A subpoena issued under paragraph (1XCXiti) may be

enforced by any appropriate Federal court acting pursuant to :

lawful request of the Review Board.

to be an ency of the Unite Sules or Purpo shal betion dred

of title 18, United States Code.

(1) OVERSIGHT.—(1) The Committee on Government Operations

of the House of Representatives 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

and the disposition of

Review Board, and sha posave access do any deces held on of the

by the Review Board.

(2) The Resiew Board shall have the duty to cooperate with

the exercise of such oversight jurisdiction.

(m) SUPPORT SERVICES.-The Administrator of the General

Services Administration shall provide administrative services for

the Review Board on a reimbursable basis.

(n) INTERPRETIVE REGULATIONS.—The Review Board may issue

interpretive regulations.

(o) TERMINATION AND WINDING UP.—(1) The Review Board

and the terms of its members shall terminate not later than

2-year period.

to the President and line on tes Redied a omal annie reprate

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accounting of expenditures during its existence, and shall complete

all other reporting requirements under this Act.

transfer all of its records

collection, and no record of the Review Board shall be destroye

SEC. 8. ASSASSINATION RECORDS REVIEW BOARD PERSONNEL

1) EXECUTIVE DIRECTOR.(1) Not later than 45 days afte

he initial meeting of the Review Board, the Review Board sha

appoint one citizen, without regard to political affliation, to the

position of Executive Director.

(2) The person appointed as Executive Director shall be a

orivate citizen of integrity and impartiality who is a distinguishe

professional and who is not a present employee of any branc

any one investigation has guy relating us ine yement with

of President John F. Kennedy

(3)(A) A candidate for Executive Director shall be granted the

necessary security clearances in

to the standard procedures for granting such clearances.

(B) A candidate shall qualify for the necessary security clear-

ance prior to being approved by the Review Board.

(4) The Executive Director shall-

(8) be vesponsince for the on to nistration and coordination

of the Review Board's review of records;

(C) be responsible. for the administration of all official

activities conducted by the Review Board; and

1) have no authority to decide or determine whether an

ecord should be disclosed to the public or postponed for disclo

(5) The Executive Director shall not be removed for reasons

other than by a majonity vote of the Review Board for cause or

he grounds of inelliciency,

neglect of duty, malfeasance in office

physical disability, mental incapacity, or any other condition that

substantially impairs the performance of the responsibilities of the

Executive Director or the staff of the Review Board.

(b) STAFF. 1) The Review Board may, in accordance with

the civil service laws but without regard to civil service law and

;

(3)(A) A candidate fur staff shall be granted the necessar

security clearances in an accelerated manner subject to the standar

ance with title 5.

pay for the Executive Director and other personnel may not exceed

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the rate payable for level V of the Executive Schedule under section

5316 of that title.

(2) Any advisory committee created by the Review Board shal

be subject lo the Federal Advisory Committee Act (5 U.S.C. App.)

SEC. 9. REVIEW OF RECORDS BY THE ASSASSINATION RECORDS

REVIEW BOARD.

reservation, security, and efficiency, unless-

(1) the Review Board requires the physical transfer ol

records for reasons of conducting an independent and impartial

(2) such transfer is necessary. for an administrative hearing

or other official Review Board funation.

(b) STARTUP REQUIREMENTS.-The Review Board shall-

1) not later than yu days alter the date of its appointment

ublish a schedule for review of all assassination records i

the Federal Register; and

(2) not later than 180 days after the date of enactment

of this Act, begin its review of assassination records under

this Act.

(C) DETERMINATIONS OF THE REVIEW BOARD.-(1) The Review

Board shall direct that all assassination records be transmitted

to the Archivist and disclosed to the public in the Collection in

he absence of clear and convincing evidence that

A) a Government recor

is not an assassination record;

or

(B) a Government record or particular information within

an assassination record qualifies for postponement of public

disclosure under this Act.

(2) In approving postponement of public disclosure of an assas

ination record, the Review Board shall seek to

(A) provide for the disclosure of segregable parts, sub-

stitutes, or summaries of such a record; and

tra chat or a to long dera to dea is are bai

be made by the originating body:

(i) Any reasonably segregable particular informatior

in an assassination record

(ii) A substitute record for that information which is

:

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Te a do a rein in or dad, to ta resident:

(d) PRESIDENTIAL AUTHORITY OVER REVIEW BOARD DETERMINA.

URE.-After the Review Board has made a formal determina

ion concerning the public disclosure or postponement of disclo

executive branch, the President shall have the sole and

nondelegable authority to require the disclosure or postpone-

ment of such record or information under the standards set

forth in section 6, and the President shall provide the Review

Board with an unclassiled written certification specifying the

President's decision within 30 days after the Review Board's

determination and notice to the executive branch agency as

required under this Act, stating the justification for the Presi-

tion aid required under section 4.

(2) PERIODIC REVIEW.—Any executive branch assassination

record postponed by the President shall be subject to the

equirements of penodic review,

tion set forth in section 4.

(3) RECORD OF PRESIDENTIAL POSTPONEMENT.-The Review

Board shall, upon its receipt, publish in the Federal Register

a copy of any unclassified written certification, statement, anc

ther materials transmitted by or on behalf of the Presiden

with regard to postponement of assassination records.

e) NOTICE TO PUBLIC.-Every 30 calendar days, beginnin

n the date that is 60 calendar days after the date on which

he Review Board first approves the postponement of disclosur

f an assassination record, the Review Bard shall publish in th

Federal Register a notice that summarizes the postponements

approved by the Review Board or initiated by the President, the

House of Representatives, or the Senate, including a description

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of the subject, originating agency, length or other physical descrip-

ion, and each ground for postponement that is relied upon

1) REPORTS BY THE REVIEW BOARD.(1) The Review Boar

(2) The first report shall be issued on

year after the date of enactment of this Act, and subsequent report.

every 12 months therealler until termination of the Review Board

information:

(A) A financial report of the expenses for all official activi-

es and requirements of the Review Board and its personne

B) The progress made on review, transmission to th

Archivist, and public disclosure of assassination records.

(C) The estimated time and volume of assassination records

involved in the completion of the Review Board's performance

under this Act.

D) Any special problems,

5 cooperation of Go verniem, once, were guests an he abetel

of the Review Board to operate as required by this Act.

E) A record of review activities,

postpone ence sions he a ties, Board the cela ed

actions authonized by this Act, and a record. of. the volume

of records reviewed and postponed.

(F) Suggestions and requests to Congress for additional

legislative authority needs.

(G) An appendix containing copies of reports of postponed

records to the Archivist required under section 9(c)(3) made

since the date of the preceding report under this subsection.

(4) At least 90 calendar days before completing its work, thi

leview Board shall provide written notice to the President an

Congress of its intention to terminate its operations at a specified

SEC. 10. DISCLOSURE OF OTHER MATERIALS AND ADDITIONAL

F. Kennedy that is held under seal of the court.

a grand jury.

nal Procedure.

1) SENSE OF CONGRESS.—It is the sense of the Congress that

1) the Attorney General should assist the Review Boar

in good faith to unseal any records that the Review Board

...

E -

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closure of such information; and

(3) all Executive agencies should cooperate in full with

the Review Board to seek the disclosure

relevant to the assassination of President John F. Kennedy

consistent with the public interest.

SEC. 11. RULES OF CONSTRUCTION.

aw, or comman Raveno Cole, i would echion so prohint such

transmission or disclosure,

arrest on tra get sure ease the and donations go records

to the United States Government.

(b) FREEDOM OF INFORMATION ACT.-Nothing in this Act shall

be construed.to. eliminate or limit any right to file requests with

any executive agency or seek judicial review of the decisions pursu-

ant to section 552 of title 5, United States Code.

c) JUDICIAL REVIEW.-Nothing in this Act shall be construe

• preclude judicial review, under chapter 7 of title 5, Unite

States Code, of final actions taken or required to be taken under

the exiSTiNG art of the restlent the curevokes or Vi, tire

., any executive agency, the

Senate, or the House of Representatives, or any other entity of

the Government to publicly disclose records in its possession.

(e) RULES OF THE SENATE AND HOUSE OF REPRESENTATIVES.-

o the extent that any provision of this Act establishes a procedur

• be followed in the Senate or the House of Representatives

such provision is adopted-

(2) with full recognition of the constitutional right of either

House to change the rules (so far as they relate to the procedure

a the e Hen a in the case, of the other mate of, hat to use.

SEC. 12. TERMINATION OF EFFECT OF ACT.

(a) PROVISIONS PERTAINING TO THE REVIEW BOARD.-The provi-

ang are tea of ta me one are bernard aren

to section 7(o).

:

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SEC. 13. AUTHORIZATION OF APPROPRIATIONS.

•(a) IN GENERAL.—There are authorized to be appropriated sucl

ums as are necessary to carry out this Act, to remain available

until expended.

SEC. 14. SEVERABILITY.

person of provision of the id in ale, the iremin the of tie act

and the application of that provision to other persons not similarly

or to other circumstances shall not be affected by the

invalidation.

peaher of the (1v)

Poker sput

ie " Representative protempore

ice Prestient of the muted states am

Prèsident of the Senale pro lempore

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I certify that this Act originated in the Senate.

Walter f. stewart

Secretary:

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3/

17

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93-281 GOV

CRS Report for Congress

President John F. Kennedy

Assassination Records Disclosure:

An Overview

Harold C. Relyea

Specialist in American National Government

and

Suzanne Cavanagh

Specialist in American National Government

Government Division

March 3, 1993

1.

rrrrr

CRS

Congressional Research Service The Library of Congress

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CONTENTS

A PRESIDENTIAL ASSASSINATION

......... 2

oFFIcIAL InvEStIGation ...................................3

RECORDS ACCESS BARRIERS

9

CREATING A NEW PROCEDURE

STATUTE OVERVIEW

. 13

......................17

IMPLEMENTATION......................................... 21

SELECT BIBLIOGRAPHY .

....................... 23

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RESIDENT JOHN F. KENNEDY ASSASSINATIO]

ECORDS DISCLOSURE: AN OVERVIE

SUMMARY

urrounding circumstances by Federal, State, and local authorities as well a

ome special inquiry bodies, such as the Presidentially-appointed commissio

chaired by Chief Justice Earl Warren. Later, other official entities, such as the

House Select Committee on Assassinations, probed the assassination anew.

records, lee and, ding was notare atron ement time pai erial.

multiplicity of reasons. Over time, some unpublished documents were disclosed.

Other holdings, however, for reasons of security classification, law enforcement

investigation, and personal privacy, remained officially sequestered. In 1991, a

filmed dramatization of President Kennedy's assassination heightened public

interest in the tragedy and explanations of its occurrence. Various conspiracy

theories, contentions, and unsubstantiated stories about the event have arisen

during the past 30 years. Because these were troubling to many Americans,

Congress legislated procedures and conditions for the independent review and

expeditious disclosure of heretofore unreleased official records relevant to the

assassination of President Kennedy. This was accomplished with the President

John F. Kennedy Assassination Records Collection Act of 1992 which established

a review board to examine all relevant materials with a view to their public

disclosure and maintenance at the National Archives and Records

Administration for public examination.

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PRESIDENT JOHN F. KENNEDY ASSASSINATION

RECORDS DISCLOSURE: AN OVERVIEW

case, other official entities probed the assassination anew. For some, such as the

House Select Committee on Assassinations, initially mandated in 1976, the

such as the Commission to Investigate CIA Activities Within the United States,

created in 1975, the assassination was tangentially related to or only a part of

their focus. From all of these investigations and examinations there resulted a

cache of data, records, files, and a small quantity of electronic and multi-media

material. Access to these holdings was sought by various elements of the public

for a multiplicity of reasons. Over time, some unpublished documents were

disclosed. Almost all of the Warren Commission records, for example, have been

released. Other holdings, however, for reasons of security classification, law

enforcement investigation, and personal privacy, remained officially sequestered.

A 1991 filmed dramatization of President Kennedy's assassination and

surrounding circumstances heightened public interest in the tragedy and

explanations of its occurrence. Subsequently, former President Gerald ford, the

only surviving member of the Warren Commission, publicly asked leaders of the

assinatione presentatives to seek release of all records concerning the

Furthermore, various conspiracy theories, contentions, and

unsubstantiated stories about the event and those involved in its perpetration,

which had arisen during the past 30 years, were troubling to many Americans.

In response, Congress legislated procedures and conditions for the independent

review and expeditious disclosure of heretofore unreleased official records

elevant to the as tie resident on t Kennedy. Tea hito Recorde

arrangements was the President John F

Collection Act of 1992.3

' George Lardner, Jr. Ford Urges House Leaders to Seek Release Of All

Records on Kennedy Assassination. Washington Post, January 30, 1992, p. A12.

2 See U. S. Library of Congress. Congressional Research Service. The

Assassination of President John F. Kennedy: Conspiracy Theories by Suzanne

Cavanagh. CRS Report 92-270 GOV. March 10, 1992.

$ 106 Stat. 3443.

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A PRESIDENTIAL ASSASSINATION

The thirty-fifth President of the United States, John Fitzgerald Kennedy,

was shot at approximately 12:30 p.m. on November 22, 1963, while riding in a

motorcade through Dealey Plaza in downtown Dallas, Texas.

President

Kennedy was fatally wounded; Texas Governor John Connally, riding in the

same open automobile with the President, Mrs. Kennedy, and his own wife, was

injured. Doctors at Parkland Memorial Hospital, to which the wounded

President was rushed, quickly discovered he had suffered a massive wound in

the rear portion of his head. Shortly thereafter, at 1:00 p.m. (C.S.T), after all

heart activity had ceased and the Last Rites of the Roman Catholic Church were

administered by a priest, John F. Kennedy was pronounced dead and his demise

was reported by the news media. Most Americans near or at adult age on that

historic and tragic day would forever remember their personal circumstances at

Vice President Lyndon B. Johnson and his wife were accompanying

President and Mrs. Kennedy on their Dallas visit. At Parkland, the Vice

President was informed of the President's death. Thereafter, he left the hospital

under close guard, and proceeded to the Presidential aircraft, Air Force One,

located at Love Field. On the plane, Lyndon Johnson took the Presidential oath

at 2:38 p.m. (C.S.T.). The aircraft soon departed for Washington, D. C., with

Mrs. Kennedy and the body of the late President aboard.

Air Force One arrived at Andrews Air Force Base outside of Washington at

5:58 p.m. (E.S.T.) and President Kennedy's body was transported to the

National Naval Medical Center in nearby Bethesda, Maryland, where an autopsy

was performed. The following day, the President's body lay in state in the East

Room of the White House. The casket was moved the next day, a Sunday, to

the Capitol where an estimated 300,000 people passed through the Rotunda in

tribute to the fallen Chief Executive. On Monday, in a procession with full

honors, the President's body was moved to Saint Matthew's Roman Catholic

Cathedral for a Pontifical Requiem Mass, and then to Arlington National

Cemetery for burial.

Meanwhile, on the day of the President's assassination, Dallas Police

arrested a suspect in the killing, Lee Harvey Oswald, who was also a suspect in

the shooting of a patrolman. When questioned by Dallas officers, as well as

agents of the Federal Bureau of Investigation and the United States Secret

Service, Oswald denied having anything to do with the murder of President

Kennedy or the Dallas policeman. He was subsequently advised formally at 7:10

p.m. on November 22 that he was charged with the slaying of the patrolman.

Several hours later, shortly after 1:30 a.m. on the following day, Oswald was

also charged with assassinating President Kennedy. The next day, Sunday, as

Oswald was being transferred from the city jail to an armored truck which was

to transport him to the Dallas County Jail, he was suddenly shot by an assailant

at approximately 11:20 a.m., in the glaring light of television news cameras. He

quickly lost consciousness, was rushed to Parkland Memorial Hospital, and was

pronounced dead at 1:07 p.m.

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Oswald's assassin was Jack Ruby, a local nightclub operator. Arrested at

the scene and jailed by Dallas police, Ruby told interrogators that he had killed

Oswald in a temporary fit of depression and rage over President Kennedy's

death. He denied having any prior connection with Oswald or any involvement

in the President's killing. Indicted by the State of Texas for Oswald's murder

on November 26, 1963, Ruby was found guilty on March 14, 1964, and was

sentenced to death. On appeal, the verdict was reversed and a new trial was

ordered by the Texas Court of Criminal Appeals on October 5, 1966. However,

while awaiting retrial, Jack Ruby died of cancer at Parkland Memorial Hospital

on January 3, 1967.

OFFICIAL INVESTIGATIONS

The assassination of President Kennedy was investigated or examined

immediately by Texas police authorities as well as the Federal Bureau of

Investigation and the United States Secret Service, and, subsequently, other

Federal entities. A special study commission, chaired by Chief Justice Earl

Warren, was impaneled by President Johnson with a directive, E.O. 11130 of

November 30, 1963.*

At least one other such body-the Commission to

Investigate CIA Activities Within the United States, chaired by Vice President

Nelson Rockefeller and established with E.O. 11828 of January 4, 1975°—also

explored aspects of the Kennedy assassination. Between 1975 and 1978, two

special congressional committees the Senate Select Committee to Study

Governmental Operations with Respect to Intelligence Activities, which was

chaired by Senator Frank Church, and the House Select Committee on

Assassinations, which was principally chaired by Representative Louis

Stokes also reviewed the Kennedy assassination.

The various investigations, examinations, and reviews of the assassination

of President Kennedy resulted in the production and collection of a vast

quantity of records and evidentiary materials by Federal entities. The Warren

Commission, for example, generated its own original records and received

pertinent materials from Federal agencies, such as the F.B.I. The Commission's

research, records, and evidence were later reviewed by the House Select

Receivet editional material, which ite geriated runo red sou rees.

Consequently, due to the manner and timeframes in which Federal inquiries

nto and reviews of President Kennedy's assassination were conducted, most

ollections of records on the matter held by Federal entities contained

documentary materials that were produced by sources other than themselves.

In brief, there were Federal records that were shared on both an inter- and

intra-branch basis.

4 3 C.F.R., 1959-1963 Сотр., р. 795.

6 3 C.F.R., 1971-1975 Comp., pp. 933-934.

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According to material supplementing congressional testimony by the

Archivist of the United States, and other sources,' the following collections of

Federal records pertaining to the assassination of President Kennedy existed at

the time a subcommittee of the House Committee on the Judiciary was

considering proposed legislation providing for the expeditious disclosure of

records relevant to the Kennedy assassination.

Federal Bureau of Investigation. The F.B.I. holdings include 499,431 pages

of pertinent documents, 223,689 pages of which have been made available to the

public. During congressional testimony in May of 1992, the Bureau's Deputy

Director indicated that a special task force had been created a few weeks earlier

to expedite greater disclosure of records relating to the assassination.® He also

provided the following breakdown of F.B.I. records "relating in some way to the

assassination."

1. The FBI has four "core files" that relate directly to the investigation

of the assassination, our cooperation with the Warren Commission,

and the investigations of Lee Harvey Oswald and Jack Ruby. There

are approximately 499,000 pages in these files. Because of the very

liberal standards used for processing these documents, most of the

information in these files was released pursuant to the Freedom of

Information Act in 1978 and is available in the FBI's public reading

room....

2. In addition, the FBI has several other much smaller files as a result

of other related investigations such as the investigation of Marina

Oswald [the wife of Lee Harvey Oswald]. These files comprise

approximately 22,000 pages.

already been released to the public. Much of this information has

United States Secret Service. The Secret Service collection consists of

approximately 11,000 pages of records, as well as several audio-visual items,

almost all of which are duplicated in the publicly available holdings of the

Warren Commission. Scattered records have been exempted from disclosure

under the Freedom of Information Act in the past for reasons of security

classification, personal privacy, and law enforcement investigation.'º

• U.S. Congress. House. Committee on the Judiciary. Assassination

Materials Disclosure Act of 1992. Hearing, 102d Congress, 2d session. May 20,

1992. Washington, U. S. Govt. Print. Off., 1992, pp. 80-81.

'Associated Press. JFK: The Files. Washington Post, June 1, 1992, p. A17.

Materials obster to 192 p.mte.

House. Committee on the Judiciary. Assassination

* Ibid., pp. 94, 100-101.

10 See 5 U.S.C. 552(b)(1), (6), and (7) (1988).

:

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Central Intelligence Agency and the Federal Intelligence Community. The

C.IA. compiled a file on Lee Harvey Oswald before the assassination of

President Kennedy. That material was made public in mid-May of 1992.'' The

C.IA. has approximately 250,000 to 300,000 pages of additional pertinent

material, about 11,000 pages of which have been made public through F.O.1. Act

requests. In his May 1992, testimony before the Senate Committee on

Governmental Affairs concerning proposed legislation providing for the

expeditious disclosure of records pertaining to the assassination of President

Kennedy, the Director of Central Intelligence summarized relevant actions he

had recently taken, saying:

Two months ago, I announced the establishment of a new unit within

CIA that will be responsible for declassifying as many historical

documents as possible consistent with the protection of intelligence

sources and methods. 12

This new unit, the Historical Review Group, in the Agency's

Center for the Study of Intelligence, will review for declassification

documents 30 years old or older and national intelligence estimates on

the former Soviet Union that are 10 years old or older. 18

In addition to the systematic review of 30-year-old documents, I

have directed the history staff in the Center for the Study of

Intelligence to assemble CIA records focusing on particular evente of

historical importance, including the assassination of President

Kennedy.

The Historical Review Group will then examine the

documents for the purpose of declassifying the records.

Because of high interest in the JFK papers, I am not waiting for

legislation or other agencies to start declassifying documents belonging

to CIA. The Historical Review Group, at my direction, already has

begun its review of the documents related to the assassination of

President Kennedy, and I am happy to report that the first group of

these records, including all CIA documents on Lee Harvey Oswald

prior to the assassination, has been declassified with quite minimal

11 See George Lardner, Jr. CIA Opens Pre-Dallas File on Oswald.

Washington Post, May 14, 1992, p. A8; Washington At Work-The Kennedy

Washington Post, May 20, 1992, p. A21.

12 The Director of Central Intelligence is statutorily "responsible for

protecting intelligence sources and methods from unauthorized disclosure." 50

U.S.C. 403(d)(3) and 403g (1988).

18 Regulations for the new C.I.A. Historical Review Program appear in U.S.

Congress. Senate. Committee on Governmental Affairs. The Assassinatior

Materials Disclosure Act of 1992. Hearing, 102d Congress, 2d session. May 12

1992. Washington, U.S. Govt, Print. Off., 1992, pp. 184-191.

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deletions and is being transferred to the National Archives for releas

to the public. 14

Describing the Agency's assassination records holdings in a prepared

statement, the Deputy Director of Central Intelligence told a House

subcommittee:

This includes 64 boxes of copies and originals of information provided

uncatalogued, and is highly disorganized-all of which makes the

review process more difficult. The material contains everything from

the most sensitive intelligence sources to the most mundane news

Concerning other agencies of the Federal Intelligence Community, the

Deputy Director's statement said:

The FBI will describe its holdings separately, which I assume include

both intelligence and law enforcement records. The National Security

Agency and the State Department's Bureau of Intelligence and

Research report, after a preliminary search, that they have identified

a relatively small amount of material responsive to previous inquiries

by the Warren Commission, the Church Committee, and the House

Select Committee on Assassinations. The Defense Intelligence Agency,

which did not come into existence until 1961, has identified no

assassination material to date, and it anticipates that any holdings it

might have would be minimal because its mission at the time of the

Kennedy assassination focused upon foreign order of battle. 16

Department of State. According to supplemental material accompanying the

Archivist's May, 1992, testimony before a subcommittee of the House Committee

on the Judiciary, some 7,000 pages of pertinent records in two case files had

been recently transferred to the National Archives and Records Administration

by the Department of State. Although this collection had not been

systematically reviewed at the time of his testimony, the account indicated that

the transferred documents appeared to be duplicates of those in the publicl

available holdings of the Warren Commission.'

" Ibid., p. 51.

16 U. S. Congress.

House. Committee on the Judiciary. Assassination

Materials Disclosure Act of 1992, p. 114.

16 Tbid., p. 116.

17 Tbid., p. 80.

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Department of Justice. Apart from the records of the F.B.I. noted earlier,

case files of the Criminal Division of the Department of Justice reportedly

contain approximately 65,000 pages of material. According to the supplemental

account accompanying the Archivist's prepared statement for a subcommittee

of the House Committee on the Judiciary, "Most of these records are letters from

the general public, constituent mail forwarded by members of Congress, and

responses from the Department and the FBI." Some 11,000 pages of this

material have been previously exempted from disclosure for reasons of personal

privacy and law enforcement investigation when sought pursuant to the F.O.I.

Act.I8

President's Commission on the Assassination of President Kennedy. The

Warren Commission presented its report and 26 volumes of appendices to

President Johnson on September 24, 1964. These documents were published by

the Government Printing Office and made available for public purchase. The

Commission ceased operations and its records363 cubic feet of material,

including audio-visual items-were transferred to the National Archives.

Approximately 98 percent of this collection subsequently has become open to the

public. Records exempted from disclosure under the F.O.I. Act were protected

for reasons of security classification, specific statutory restrictions, personal

privacy, and law enforcement investigation.!®

Commission to Investigate CIA Activities Within the United States.

Mandated to determine whether any C.I.A. domestic activities exceeded the

Agency's statutory authority, the Rockefeller Commission was tasked, within its

general mission, to investigate allegations concerning the presence of C.I.A.

employees or agents in Dallas at the time of President Kennedy's assassination

or of their involvement in the murder. The panel's June 16, 1975, report, while

indicating that a staff inquiry had been made concerning the allegations, noted

that "a full review" of the report of the Warren Commission had not been

undertaken.

"Such a task," in the panel's view, "would have been outside of the

scope of the Executive Order establishing this Commission, and would have

diverted the time of the Commission from its proper function." Consequently,

the panel limited itself "to determining whether there was any credible evidence

ointing to CIA involvement in the assassination of President Kennedy, "20 It

oncluded that "there was no credible evidence of any CIA involvement."21

Upon presenting its report to the President, the Rockefeller Commission

ceased operations. Its records, most of which were highly classified, were

retained by President Ford and, in accordance with prevailing practice at the

time, were taken away by him as part of his Presidential papers when he left the

18 Tbid.

18 Tbid.

20 . S. Commission to Investigate CIA Activities Within the United States.

Report to the President. Washington, U. S. Govt. Print. Off., 1975, p. 251.

21 Tbid., p. 269.

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White House.? They were subsequently returned to the custody of the Federal

Government in accordance with a December 13, 1976, deed of gift in which

President Ford donated his congressional, Vice Presidential, and Presidential

papers to a Presidential library created in his name on the campus of the

University of Michigan in Ann Arbor and operated by the National Archives.?8

The deposited Rockefeller Commission collection consisted of 23 linear feet of

materials, 2,500 pages of which related to the panel's investigation into matters

surrounding the Kennedy assassination. Public access to these highly classified

records has been limited by the Ford deed of gift.2A

Senate Select Committee to Study Governmental Operations with Respect to

Intelligence Activities (The Church Committee). Established by S. Res. 21 on

January 21, 1975, the Church Committee was tasked with conducting an

investigation of the extent, if any, of improper or unethical activities engaged

in by Federal intelligence agencies. In carrying out its mandate, the Committee

assessed the performance of the intelligence community in examining

circumstances surrounding the assassination of President Kennedy. The

Committee subsequently "developed evidence which impeaches the process by

which the intelligence agencies arrived at their own conclusions about the

assassination" and found that the intelligence agencies were "deficient" in their

support of the Warren Commission? When the Church Committee went out

of existence on May 31, 1976, its records came under the custody and into the

possession of the successor Senate Select Committee on Intelligence.

Approximately 5,000 papers in the Church Committee collection pertain to the

Kennedy assassination, but have not previously been made available for public

examination by the Senate.

House Select Committee on Assassinations. Initially chartered by H. Res.

1540 on September 17, 1976, the Assassinations Committee was mandated to

conduct a broad investigation of the circumstances surrounding the death of

President Kennedy in 1963 and Dr. Martin Luther King, Jr., in 1968. In the

former case, much of the Committee's efforts centered on reviewing the findings

of the Warren Commission and evaluating the evidence presented to it by official

entities. A number of findings and recommendations were subsequently offered

2 This practice was ended by the Presidential Records Act of 1978, 92 Stat.

2523, 44 U.S.C. 2201-2207 (1988).

28 See U.S. Library of Congress. Congressional Research Service. Federal

Presidential Libraries by Harold C. Relyea. CRS Report 90-595 GOV. December

14, 1990.

21 U. S. Congress.

Senate. Committee on Governmental Affairs. Th

ssassination Materials Disclosure Act of 1992, pp. 357-361, 384-412, 419-421

U. S. Congress. Senate. Select Committee to Study Governmenta

perations with Respect to Intelligence Activities. Hinal Report-Th

Investigation of the Assassination of President John F. Kennedy: Performance of

We hirelin, e Agent Print, Or, 19, 6, 77-5, 94th Congreas, 2 seasion.

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by the Select Committee? When the Committee went out of existence at the

end of the 95th Congress, custody of its records passed to the Clerk of the

House. Approximately 414,000 pages of the Committee's 747,000-page collection

were created or collected by the panel's Kennedy task force. The operative

House standard at the time of the expiration of the Assassinations Committee

sealed all unpublished committee records for 50 years. A 1983 effort by five

former members of the Assassinations Committee to accelerate the release of the

panel's files was unsuccessful due to the failure of their reform resolution (H.

Res. 160) to be reported from committee.

RECORDS ACCESS BARRIERS

Efforts by the public to gain access to records deriving from Federal

investigations and examinations of the assassination of President Kennedy and

surrounding events have been frustrated by several complications. Operative

since July of 196%, the Freedom of Information Act provides any

person-individual or corporate, regardless of citizenship-with access to

identifiable, unpublished, existing records of the Federal departments and

agencies without having to demonstrate a need or even a reason for such a

request.? The burden of proof for withholding material sought by the public

is placed upon the Government. However, the statute a Among these stated

of information which may be withheld from disclosure.

exemptions to the rule of disclosure are protections for: (1) information properly

classified for national defense or foreign policy purposes as secret under criteria

established by an executive order; (2) data specifically excepted from disclosure

by a statute which either requires that matters be withheld in a non-

discretionary manner or which establishes particular criteria for withholding or

refers to particular types of matters to be withheld; (3) personnel, medical, and

similar files the disclosure of which would constitute an unwarranted invasion

of personal privacy; and (4) certain kinds of investigatory records compiled for

law enforcement purposes.?ª These four exemptione tended to be the ones

most often invoked by the agencies in support of their withholding of

assassination materials sought pursuant to the F.O.I. Act. Disputes over the

accessibility of records may be ultimately settled in Federal court.

28 See U.S. Congress. House. Select Committee on Assassinations. Report

of the Select Committee on Assassinations. H. Rept. 95-1828, 95th Congress, 2d

session. Washington, U. S. Govt. Print. Off., 1979.

27 See 5 U.S.C. 552 (1988).

28 See U.S. Congress. House. Committee on Government Operations. A

Citizen's Guide on Using the Freedom of Information Act and the Privacy Act of

1974 to Request Government Records. H. Rept. 102-146, 102d Congress, 1st

session. Washington, U. S. Govt, Print. Off., 1991.

29 The full list of exemptions may be found at 5 U.S.C. 552(b)(1)-(9).

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Among those testifying before the Senate Committee on Governmental

Affairs during that panel's consideration of legislation providing for the

expeditious disclosure of records relevant to the assassination of President

Kennedy was James H. Lesar, an F.O.I.A. attorney and president of the

Assassination Archives and Research Center located in Washington, D. C.

Describing the Center as "a private, non-profit organization which collects,

preserves,

and disseminates information and materials on political

assassinations, ... which is funded by membership dues and donations from the

public," Mr. Lesar identified the security classification of assassination records

as a major obstacle to their release under the F.O.I. Act. He also gave some

illustrations from his practice showing "the inadequacies of the FOIA and the

enormous frustration which accrues to those who attempt to use it to obtain

information about the Kennedy assassination. These examples," he told the

Committee, "reveal a pattern of delay, costly litigation, and untrue

representations by the Government, 30 In conclusion, he said:

These stories that I have related are unusual only because the

requesters actually went to court to fight the CIA and FBI. Most

requesters cannot afford the time or money to litigate their FOIA

requests against these agencies. You might be tempted to conclude

from the general absence of litigation that the FOlA is working just

fine. The opposite is true. The FOlA has been severely damaged by

the 1984 amendments eliminating access to CIA operational files®1

and by the 1986 amendments to Exemption 7 which applies to law

enforcement records,2 as well as by a string of decisions in the

Supreme Court and the U. S. Court of Appeals for the District of

Columbia which have greatly expanded the amount of material which

can be withheld from the public."

Public access to unpublished congressional records was also very limited.

Committee amassed approximately 414,000 pages of records pertaining to the

30 U. S. Congress. Senate. Committee on Governmental Affairs. The

Assassination Materials Disclosure Act of 1992, p. 74; four case studies appear

in Ibid., pp. 74-76, 80-82.

3 See 98 Stat. 2209; 50 U.S.C. 431-432.

82 100 Stat. 3207-48; also see Harold C. Relyea. U. S. Freedom of

Information Act Reforms-1986. Journal of Media Law and Practice, v. 9,

March, 1988, pp. 6-12.

• U. S. Congress.

Senate. Committee on Governmental Affairs. The

1ssassination Materials Disclosure Act of 1992, p. 77

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Kennedy assassination. Transcripts of its open hearings and a final report

were published by the Government Printing Office. However, its other records

remained unavailable to the public. These materials were transferred to the

National Archives and were sealed from public access for 50 years, until the year

2029, in accordance with

the operative standards of the House of

Representatives at that time.36

Despite this time restriction on public access to the Select Committee's

unpublished records, interested persons could request to see them by writing to

the Clerk of the House. Although there was-unlike the provisions of the F.O.I.

Act-no temporal requirement concerning a response deadline, it was at least

the Clerk's policy to reply in a timely manner, whether the response was

positive or negative. However, because security classified material and agency

records were a large part of this reserved collection, access was accordingly

limited. Furthermore, there was a logistical question of permitting access at the

legislative reference branch of the National Archives or retrieving the records

for examination on Capitol Hill, with appropriate supervision in either case. In

brief, it was not a satisfying experiencè for many requestors.

- In 1983, a former member of the Select Committee, Representative Stewart

McKinney, citing the public's right to know about the circumstances

surrounding the death of President Kennedy, introduced a resolution, H. Res.

160, providing for the accelerated release of the panel's files.& Four other

members of the Select Committee Representatives Robert Edgar, Harold S.

Sawyer, Walter Fauntroy, and Harold Ford-co-sponsored the resolution.

Referred to the House Administration Committee, it never came to the House

floor for a vote; and, although hearings were held on the proposal, the transcript

was not published.

In the Senate, the Select Committee to Study Governmental Operations

with Respect to Intelligence Activities- known as the Church Committee, which

was established on January 27, 1975 examined various aspects of intelligence

community operations, including its performance in assisting in investigations

of the assassination of President Kennedy. Specifically, the Church Committee

8 U. S. Congress.

House. Committee on Government Operations.

Assassination Materials Disclosure Act of 1992. H. Rept. 102-625 Part I, 102d

Congress, 2d session. Washington, U.S. Govt. Print. Off., 1992, p. 13.

86 The House rule governing the preservation and availability of noncurrent

records of the House was changed in the 101st Congress. See, U. S. Congress.

House. Constitution, Jefferson's Manual and Rules of the House of

Representatives. Rule XXXVI. H. Doc. 101-256, 101st Congress, 2d session.

Washington, U.S. Govt. Print. Off., 1991, p. 724. The new rule requires that the

Clerk of the House transfer noncurrent records of the House to the National

Archives; investigative records remain under seal for 50 years and routine

records for 30 years.

36 See Congressional Record, v. 129, April 13, 1983, p. 8520.

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studied the extent to which the intelligence agencies assisted the Warren

Commission by providing information necessary to conduct its investigation.

The Church Committee found that the intelligence community did not

provide sufficient data to the Warren Commission about U.S. operations against

Cuba.

Furthermore, it recommended that its successor, the Senate Select

Committee on Intelligence, investigate the possibility that senior officials of the

C.L.A. and F.B.I. might have made a conscious decision not to disclose potentially

important information in this area to the Warren Commission. Before the

Church Committee went out of existence on May 31, 1976, it forwarded all of

its files pertaining to this aspect of its investigation— approximately 5,000 pages

of records- to the Senate Select Committee on Intelligence. 37

When the Church Committee concluded its investigation and published its

hearing transcripts and final report, there was no Senate rule governing the

disposition of committee records. In practice, each committee had its own

agreement with the National Archives concerning noncurrent materials. On

June 24, 1980, the Senate adopted a resolution, S. Res. 474, which provided that

any records of the Senate, or of any Senate committee, shall not be available to

the public for 20 years and, in the case of investigative files, for 50 years.

A third area of access difficulties concerns donated papers records provided

to the Federal Government under a deed of gift setting temporal or other access

conditions which restrict their availability to the general public. In testimony

before a subcommittee of the House Committee on the Judiciary, the Archivist

of the United States offered the following pertinent remarks:

In accordance with 44 U.S.C. 2107 and 2111, the National Archives

has accepted under deed of gift a wide variety of historical, donated

historical materials. The Kennedy autopsy photographs and x-rays are

in this category. So are the files of the Rockefeller Commission held

by the Gerald R. Ford Library. This donation was in keeping with

legal practices prior to 1978 when the Presidential commissions were

regarded as personal to the President because they provided advice

directly to him.

The deed of gift for this highly classified Rockefeller Commission

In addition, there are collections of personal papers in some of the

Presidential libraries received under the authority of 44 U.S.C. 2107

and 2111, and they may contain documentary materials falling within

the broad definition of assassination materials.88

37 H. Rept. 102-625 Part 1, p. 13.

88 U. S. Congress. House. Committee on the Judiciary. Assassination

Materials Disclosure Act of 1992, p. 73 (emphasis added).

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The Library of Congress also had relevant donated papers in its manuscript

collections, some of which were accessible to the public only with the permission

of the donor. 39

CREATING A NEW PROCEDURE

Legislation providing for the expeditious disclosure of records relevant to

the assassination of President Kennedy was introduced in the House as H. J.

Res: 454 on March 26, 1992, by Representative Louis Stokes, former chairman

of the House Select Committee on Assassinations, with 40 initial co-sponsors.41

In testimony before a subcommittee of the House Committee on the Judiciary

considering the proposal, Representative Stokes explained his reasons for

offering the legislation.

This resolution was introduced because of the renewed public

interest and concern over the records pertaining to the assassination

of President John F. Kennedy.

The House committee which I chaired, in the course of its

investigation, had at one time or the other in its possession

approximately 370 cubic feet of files. Among the materials contained

in these files were classified and unclassified materials on loan from

Federal agencies, materials generated by committee staff, materials on

loan from private individuals, transcripts of committee open session

meetings and meetings, and from executive easions hearings and

There has been considerable debate about these records, including

accusations that these records, if released, would contain evidence of

a gavention or resent Kendity of government agencies in the

88 See U. S. Congress. Senate. Committee on Governmental Affairs. The

Assassination Materials Disclosure Act of 1992, pp. 462-477

40 U. S. Congress. House. Committee on the Judiciary. Assassination

Materials Disclosure Act of 1992, pp. 73-74.

41 Congressional Record, v. 138, March 26, 1992, pp. H1984-H1986 (daily

edition).

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I can assure you, Mr. Chairman, members of this committee, that

nothing could be further from the truth. No member of our committe

or member of our staff participated in any coverup of the truth

hitor the factual truth about this important event in this Nation's

An identical companion measure was introduced in the Senate as S. J. Res.

In sponsoring the legislation, Senator Boren said, in both his floor statement

introducing the measure and later committee hearings on it, he felt, as a general

principle, that 'the intelligence community should make available its records

after the passage of a reasonable amount of time when current sources and

methods would no longer be compromised. "44

As introduced, the Assassination Materials Disclosure Act provided for the

creation of a temporary Assassination Materials Review Board. It was to be

composed of five "distinguished and impartial private citizens," who were to be

selected by the division of the United States Court of Appeals for the District

of Columbia established under 28 U.S.C. 49. This section originally mandated

the selection of so-called Independent Counsels or Special Prosecutors, such as

the ones who lately have pursued illegalities stemming from the Watergate

incident and the Iran-Contra affair. According to the Stokes-Boren proposal,

members of the Review Board were to be deemed to be inferior officers of the

United States within the meaning of section 2 of Article II of the

Constitution. Furthermore, the Review Board was authorized to, "without

regard to the civil service laws and regulations, appoint and terminate an

Executive Director and such other additional personnel as are necessary to

enable the Review Board to perform its duties."

12 U. S. Congress. House. Committee on the Judiciary. Assassination

Materials Disclosure Act of 1992, p. 33.

48 Congressional Record, v. 138, March 26, 1992, pp. S4392-S4397 (daily

edition).

11 Tbid., p. S4392; U. S. Congress. Senate. Committee on Governmental

Affairs. The Assassination Materials Disclosure Act of 1992, p. 14.

46 This section reads, in relevant part, "the Congress may by Law vest the

Alone, in the couch inder, or in the e die of thermener, in the President

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The Assassination Materials Disclosure Act prescribed that all relevant

records and materials pertinent to the assassination of President Kennedy would

be initially reviewed by the Executive Director of the Review Board. This

official would determine if items (1) could be publicly released; (2) should be

referred to the Board, for reasons of privacy or other complex conditions, for a

determination as to their public availability; or (3) should be postponed for

release, subject to Review Board approval. In the first instance, decisions by the

Executive Director to release materials could be appealed by agencies to the

Review Board for reconsideration. Ultimately, the Review Board would decide

(1) the disclosure of materials, subject to a Presidential override, with notice to

the public and Congress; and (2) postponement of release to a specific date, with

notice to the public and Congress.

. In the House, H. J. Res. 454 was referred jointly to the Committees on

House Administration, Government Operations, Rules, and the Judiciary. Two

panels, the Committees on Government Operations and the Judiciary, held

public hearings, conducted mark-ups, and issued reports on differing versions

of the original proposal,.46 In the Senate, S. J. Res. 282 was referred only to

the Committee on Governmental Affairs, which held a hearing on the measure,

revised and expanded it, and reported this new version (S. 3006).47 Various

objections to the original text of the joint resolution were heard by the

committees, including those of the Department of Justice, which indicated the

proposal, as introduced, "would not be consistent with the objectives of the

Administration. "48 Among the criticisms of the proposal that were offered by

witnesses were the following:

• using a somewhat unusual and constitutionally suspect process for the

appointment of Review Board members (to achieve independence)

instead of the more traditional procedure of Presidential appointment

and Senate confirmation of such officials;

46 See U. S. Congress. House. Committee on Government Operations.

Assassination Materials Disclosure Act of 1992. H. Rept. 102-625 Part 1, 102d

Congress, 2d session. Washington, U.S. Govt. Print. Off., 1992; U.S. Congress.

House. Committee on the Judiciary. Assassination Materials Disclosure Act of

1992. H. Rept. 102-625 Part 2, 102d Congress, 2d session. Washington, U.S.

Govt. Print. Off., 1992.

47 U. S. Congress. Senate. Committee on Governmental Affairs. The

President John F. Kennedy Assassination Records Collection Act of 1992. S.

Rept. 102-328, 102d Congress, 2d session. Washington, U. S. Govt. Print. Off.,

1992.

48 See U.S. Congress. Senate. Committee on Governmental Affairs. The

Assassination Materials Disclosure Act of 1992, pp. 263-271; also see U. S.

Congress.

House. Committee on the Judiciary, Assassination Materials

Disclosure Act of 1992, pp. 82-92.

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• vesting too much responsibility and discretionary authority (and

perhaps too much work) in the Executive Director of the Review

Board, who might also more properly be a Presidential appointee;

insulating from the President the decisions of the Review Board

concerning the public release of heretofore undisclosed executive

branch records, limiting the President's authority to protect such

records to the standards set forth in the legislation, and requiring,

contrary to the separation of powers doctrine, that the President

submit to Congress copies of any assassination material that he blocks

from release by the Review Board; and

• defining "assassination material" so broadly that agencies are not

ivere adequate idane so dee mining raci lies to in

s, so loosely that custodial rights governin

some materials, such as executive branch records found in the

collections of pertinent House and Senate investigating committees,

are overlooked, and so imprecisely that relevant materials of the

Rockefeller Commission on CIA Activities Within the United States

escape coverage.

The Senate version of the legislation, revised and reported by the

Committee on Governmental Affairs as The President John F. Kennedy

Assassination Records Collection Act of 1992 (S. 3006), was approved on July 22,

1992.4 Disagreements over the differing provisions of two reported revisions

of the measure delayed final action in the House, which passed a version on

August 12 relying upon the selection of Review Board members pursuant to the

Independent Counsel authority (28 U.S.C. 49),5l However, conferees were not

quickly appointed and the House-passed measure was not formally sent to the

Senate until September 21 when the 102d Congress was rapidly moving toward

final adjournment. With time running out, the House adopted the Senate-

passed bill on September 30.58

President Bush signed S. 3006 into law on October 26, 1992.54 Saying, "I

fully support the goals of this legislation" and that he was "pleased" that it

48 Congressional Record, v. 138, July 22, 1992, pp. S10360-S10368 (daily

edition).

60 See Action Urged On JFK Data. Washington Post, July 23, 1992, p. A20.

61 Congressional Record, v. 138, August 12, 1992, p. H8091 (daily edition).

62 George Lardner, Jr. JFK Records Bill Runs Into Logjam On Capitol Hill.

Washington Post, September 22, 1992, p. A19.

 Congressional Record, v. 138, September 30, 1992, pp. H9911-H9918 (daily

edition).

6 106 Stat. 3443.

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"avoids the chief constitutional problems raised by earlier versions of the bill,"

the President noted that "it still raises several constitutional questions." These

were enumerated as follows:

First, S. 3006 sets forth the grounds on which the release of

documents may be postponed, but this list does not contemplate

nondisclosure of executive branch deliberations or law enforcement

information of the executive branch..., and it provides only a narrow

basis for nondisclosure of national security information. My authority

o protect these categories of information comes from the Constitutio

nd cannot be limited by statute

Although only the most

extraordinary circumstances would require postponement of the

disclosure of documents for reasons other than those recognized in the

bill, I cannot abdicate my constitutional responsibility to take such

action when necessary. The same applies to the provision purporting

to give certain congressional committees "access to any records held or

created by the Review Board." This provision will be interpreted

consistently with my authority under the Constitution to protect

confidential executive branch materials and to supervise and guide

executive branch officials.

Second, S. 3006 requires the Board to report to the President and

the Congress. If the bill were interpreted to require simultaneous

reports, S. 3006 would intrude upon the President's authority to

supervise subordinate officials in the executive branch. I will construe

the provisions to require that the Board report to the President before

it reports to the Congress.

Third, the bill purports to set the qualifications for Board

members, to require the President to review lists supplied by specified

organizations, and to direct the timing of nominations. These

provisions conflict with the constitutional division of responsibility

between the President and the Congress. The President has the sole

power of nomination; the Senate has the sole power of consent.

I note also that S. 3006 provides that, upon request of the Board,

courts may enforce subpoenas that the Attorney General has issued at

the Board's urging. I sign this bill on the understanding that this

provision does not encroach upon the Attorney General's usual,

plenary authority to represent the agencies of the United States,

including the Board, whenever they appear in court. 66

STATUTE OVERVIEW

As enacted into law, the President John F. Kennedy Assassination Records

Collection Act of 1992 generally provides for the independent review of

66 Weekly Compilation of Presidential Documents, v. 28, November 2, 1992,

pp. 2134-2135.

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government records relating to the assassination of President Kennedy with a

view to their public release. Furthermore, it requires the assembly of copies of

all such records, whether available for public examination now or at a later time,

in a special collection maintained by the National Archives and Records

Administration. However, it does not take precedence over deeds governing

access to, or transfer or release of, gifts and donations of records to the United

States Government. The Archivist is directed to begin establishing the Kennedy

assassination records collection not later than 60 days after the enactment of the

statute, and is responsible for ensuring the physical integrity, original

provenance, and security of all records within it.

Continuing oversight

jurisdiction with respect to this records collection is vested in the House

Committee on Government Operations and the Senate Committee on

Governmental Affairs.

The statute indicates that, as soon as practicable after its enactment, each

Government office shall begin identifying and organizing their records relating

to the assassination of President Kennedy and preparing for their transmission

to the Archivist for inclusion in the special collection. In so doing, offices are

directed not to destroy, alter, or mutilate any such record or withhold, react,

postpone for subsequent disclosure, or reclassify any assassination record

previously made available or disclosed to the public. However, not later than

300 days after the enactment of the statute, Government offices shall begin a

review to identify records in their custody or possession which are actually

assassination records. Of these, they are also to determine which ones have

been previously disclosed officially or made available publicly in a complete and

unredacted form, which ones were produced by a third agency or another

Government office (and transmit same or copies of same to these parties), and

which ones are covered by the standards for postponement of public disclosure

under the Kennedy assassination records collection statute. Previously released

assassination records and information are provided to the Archivist for the

special collection.

Materials which aré of uncertain status as to being

assassination records or which a Government office has determined are

assassination records which may be postponed, in whole or in part, for public

disclosure, are to be organized and made available to the Assassination Records

Review Board established by the statute.

The disclosure of assassination records, in whole or in part, may be

postponed "if there is clear and convincing evidence that-"

(1) the threat to the military defense, intelligence

(A) an intelligence agent whose identity

currently requires protection;

(B) an intelligence source or method which is

currently utilized, or reasonably expected to be

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utilized, by the United States Government and

hich has not been officially disclosed, th

isclosure of which would interfere with th

conduct of intelligence activities; or

(C) any other matter currently relating to the

national security of the United States;

(2) the public disclosure of the assassination record

would reveal the name or identity of a living person who

provided confidential information to the United States and

would pose a substantial risk of harm to that person;

(3) the public disclosure of the assassination record

could reasonably be expected to constitute an unwarranted

invasion of personal privacy, and that invasion of privacy is

so substantial that it outweighs the public interest;

(4) the public disclosure of the assassination record

would compromise the existence of an understanding of

confidentiality currently requiring protection between a

Government agent and a cooperating individual or a foreign

government, and public disclosure would be so harmful that

it outweighs the public interest; or

(5) the public disclosure of the assassination record

would reveal a security or protective procedure currently

utilized, or reasonably expected to be utilized, by the Secret

Service or another Government agency responsible for

protecting Government officials, and the public disclosure

vould be so harmful that it outweighs the public interest.

The statute establishes a temporary independent agency, to be known as

the Assassination Records Review Board. This panel is composed of five

citizens, who are to be appointed by the President "after considering persons

recommended by the American Historical Association, the Organization of

American Historians, the Society of American Archivists, and the American Bar

Association." These appointees are subject to Senate confirmation, "shall be

granted the necessary security clearances in an accelerated manner subject to

the standard procedures for granting such clearances," and "shall qualify for the

necessary security clearance prior to being considered for confirmation by the

Committee on Governmental Affairs of the Senate. "57 A vacancy on the Board

is to be filled in the same manner as an original appointment. Board members

56 106 Stat. 3449.

67 106 Stat. 3450.

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may be removed only for specific cause; a removed member may obtain judicial

review of the action through civil suit in the District Court for the District of

Columbia and may be reinstated or granted other appropriate relief by order of

the court.

Board members elect a chair from among themselves at their initial

meeting. They serve for the total period of the Board's functioning- two years

from the date of the enactment of the Kennedy assassination records collection

statute, with a possible one-year extension of this mandate if the Board

members, by majority vote, determine that such additional time is needed in

order to complete their work. In general, the duties of the Review Board are to

"consider and render decisions" on determinations by Government offices as to

whether or not materials constitute assassination records and whether or not

an assassination record, in whole or in part, qualities for postponement of

disclosure under the statute. In performing these duties, the Board is

empowered to exercise certain authority, including: directing Government offices

to complete records identification aids and to organize assassination records;

obtaining access to assassination records that have been identified and organized

by a Government office; requiring a Government office to account in writing for

the destruction of assassination records; and obtaining from Government offices

and the public such additional information, records, or testimony as may be

needed to fulfill the Board's functions and responsibilities under the statute.

The Board is authorized to hold hearings, administer oaths, subpoena witnesses

and documents, and issue interpretive regulations.

The Review Board appoints and is assisted by an Executive Director and a

staff. Each of these individuals "shall be a private citizen of integrity and

impartiality who is not a present employee of any branch of the Government

and who has had no previous involvement with any official investigation or

inquiry relating to the assassination of President John F. Kennedy," In addition,

the Executive Director is to be "a distinguished professional." All supporting

personnel must satisfy the requirements for necessary security clearances. The

Executive Director may be removed by the Board for specific cause. Other staff

members, who may be hired without regard to civil service law and regulation

for competitive service, apparently may be removed by the Board as it deems

necessary. The Board is also authorized to create such advisory committees as

it may need to assist it in fulfilling its responsibilities.

Not later than 90 days after its members are appointed, the Review Board

must publish in the Federal Register a schedule for the review of all

assassination records and, not later than 180 days after the enactment of the

Kennedy assassination records collection statute, must begin its review

operations. In all cases where the Board approves the postponement of public

disclosure of an assassination record, it is directed to seek the disclosure of

segregable portions, substitutes, or summaries of the document. These efforts

58 106 Stat. 3453.

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Upon determining that an assassination record shall be publicly disclosed,

contrary to the judgment of a Government office, or postponed for disclosure

and held in protected status within the special collection maintained by the

National Archives, the Review Board notifies the head of the originating body

of its determination and publishes a copy of its ruling in the Federal Register

within 14 days after making its decision. Contemporaneous notice of the

determination is also made to the President regarding executive branch records

and to the statute's oversight committees in the case of legislative branch

materials. This notice is to include a written, unclassified justification for public

disclosure or postponement of disclosure, including an explanation of the

application of any of the postponement standards specified in the statute.

Within 30 days after receiving the Review Board's determination and

notice, the President may override the Board's decision regarding executive

branch records-probably by imposing a postponement of disclosure or setting

a longer postponement period than prescribed by the Board. In so doing, the

President provides the Review Board with an unclassified, written certification

of his action and the justification for same, including the applicable grounds for

postponement as specified in the Kennedy assassination records collection

statute.

The Review Board subsequently publishes this Presidential

certification, upon receipt, in the Federal Register along with any accompanying

statement or other materials transmitted by or on behalf of the President with

regard to postponement of the disclosure of assassination records.

The Review Board is required to publish periodic notices in the Federal

Register summarizing postponements of assassination records disclosures. It is

also obligated to issue approximately yearly reports concerning its activities and

operations. The statute also indicates that the Board may enlist the assistance

of the Attorney General in pursuit of the release of information relevant to the

assassination of President Kennedy that is held under court seal or an

injunction of secrecy of a grand jury. Another provision states that the

Secretary of State should contact the government of the Republic of Russia "and

any other foreign government that may hold information relevant to the

assassination of President Kennedy and seek disclosure of such information."

IMPLEMENTATION

Records Collection Act. President Bush left the task of appointing the members

y the National Archives and Records Administration to begin assembling th

pecial collection of Kennedy assassination records were slowed somewhat b

early 1993.69

6ª See Bill McAllister. Archivist Reshuffles Staff, Pledges to Improve Agency.

Washington Post, November 24, 1992, p. A19; George Lardner, Jr. U.S.

Archivist to Quit, Run Bush Library. Washington Post, February 13, 1993, p.

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Elsewhere,

at the Gerald R. Ford Presidential Library, archivists,

responding to former President Ford's public statements on the need to open

materials in government custody relating to the assassination of President

Kennedy, reportedly have processed pertinent portions of the records of the

Commission on CIA Activities Within the United States. As a result, "most of

the materials directly related to the Kennedy assassination are available" for

examination.60

oincidently, the John F. Kennedy Presidential Library, responding to call

or greater disclosure of its holdings pertaining to the assassinated Presiden

reportedly is in the process of releasing information contained in 248 hours of

secretly taped Oval Office conversations and 12 hours of recorded telephone

conversations to which President Kennedy was a party. This action was

prompted, in part, by recent complaints by British author Nigel Hamilton, who

sahed the firet of a projected the-volume biography of John F. Kennedy in

Further developments in implementation of the Kennedy Assassination

Records Collection Act will occur in the months ahead.

A5. Management changes at the National Archives were prompted by criticisms

expressed in U. S. Congress. Senate. Committee on Governmental Affairs.

Serious Management Problems at the National Archives and Records

Administration. S. Prt. 102-108, 102d Congress, 2d session. Washington, U.S.

Govt. Print. Off., 1992.

60 "JFK": The Fallout. Gerald R. Ford Foundation Newsletter, Fall, 1992,

p. 7.

61 Christopher B. Daly. Library Moving to Release JFK Tapes. Washington

Post, February 3, 1993, p. A5.

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SELECT BIBLIOGRAPHY

Inson, Robert Sam.

a Peters of oh, "T. eye i. ed the President Booke, arch for p.

Belin, David W. Final disclosure: the full truth about the assassination of

President Kennedy. New York, Charles Scribner's Sons, 1988. 249 p.

Blakey, G. Robert. The plot to kill the President. New York, Times Booke,

1981. 428 p.

Epstein, Edward Jay, Counterplot. New York, Viking Press, 1969. 182 p.

Inquest; the Warren Commission and the establishment of truth. New

York, Viking Press, 1966. 224 p.

Garrison, Jim. On the trail of the assassins. New York, Sheridan Square Prese,

1988. 342 p.

Groden, Robert J. High treason: the assassination of President John F.

Kennedy: what really happened. New York, Conservatory Press, 1989.

469 p.

_..-- and Harrison E. Livingstone. High treason 2: the great cover-up: the

assassination of President John F. Kennedy. New York, Carroll & Graf

Publishers, 1992. 656 p.

Lane, Mark. Plausible denial: was the CLA involved in the assassination of JFK?

New York, Thunder's Mouth Press, 1991. 393 p.

1,B Bush to judgment, New York, Holt, Rinehart, and Winaton, 1966

Lifton, David S. Best evidence: disguise and deception in the assassination of

John F. Kennedy. New York, Macmillan, 1980. 747 p.

Marrs, Jim. Crossfire: the plot that killed Kennedy. New York, Carroll and

Graf Publishers, 1989. 595p.

Meagher, Sylvia. Accessories after the fact: the Warren Commission, the

authorities, and the report. Indianapolis, Bobbs-Merrill, 1967. 477 p.

---

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President's Commission on the Assassination of President Kennedy. Report of

The President's Commission on the Assassination of President John 1

Kennedy. Washington, U. S. Govt. Print. Off., 1964. 888 p

J. S. Congress. House. Committee on Government Operations. Assassinatio

raterials disclosure act of 1992. H. Rept. 102-625 Part 1, 102d Cong., 2

sess. Washington, U. S. Govt. Print. Off., 1992. 37 p.

T. S. scores act of 1992. i kept. 102-626 Part 2, 103 tos, at rial.

Washington, U. S. Govt. Print. Off., 1992. 26 p.

U. S. Congress. House. Committee on the Judiciary. Subcommittee on

Economic and Commercial Law. Assassination materials disclosure act of

1992. Hearing, 102nd Congress, 2d sess. Washington, U. S. Govt. Print.

10, 102. 12% 1°

95-1828 Part 2, 95th Cong.,

1979. 686 p.

U. S. Congress.

Senate.

Committee on Governmental Affairs.

assassination materials disclosure act of 1992. Hearing, 102d Cong., 2d

sess. Washington, U. S. Govt. Print. Off., 1992. 577p.

1902. Prete a Caned as sination records ole. Go oF

Print. Off., 1992. 60 p.

J. S. Congress. Senate. Select Committee to Study Governmental Operation

with respect to Intelligence Activities.

The investigation of th

assassination of President John F. Kennedy: performance of the intelligence

agencies. Final Report. S. Rept. 94-755, 94th Cong., 2d sess. Washington,

U. S. Govt. Print. Off., 1976. 106 p.

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(SUSPEND THE RULES AND PASS THE RESOLUTION, M.J, RES. 454.

WITH AN AMENDMENT!

Note: Amendment

consists of

a complete

substitute

for the text.

1020 CONGRESS

20 SESSION

H. J. RES. 454

To provide for diago die diens en ara riemant to thea

IN THE HOUSE OF REPRESENTATIVES

MNACH 28, 1992

М. 9ТОл3 (for himsell, Mr. COsTaRs, Mr. BRO0s3, Mr. Ross, Mr. Elasm

TOST, Mr. MONsLEY, Mr. FAZIO, Mr. HOBTOS, Mr. TRAFICAVT, Mr.

WERDON, MT. CLAY, Mr. CAPABLE of Colorado, Mr. ROHRABACHE,

Mr. AUCOIN, Mr. PICKITT, Mr. LBACE, Mr. MULER of California, Sír.

JACOBS, MP. CLIENT, MT. WILIE, MTS. SCHROEDER, Hr. SHARIVO,

Mr. MCNULTs, Mr. MARTINEZ, Mr. SAITORUS, Mr. LEWIs of Florida,

Mr. SEABP, Mr. DREIR of California, Mr. KOPETSIa, Mr. BEREUTER.

Mr. EXERSON, Mr. WASSLAV, Mr. HEFLEY, Mr. FEYERSON ol Florida,

Mr. GISCAN, Mr. BACCHUS, Mr. SELOGS, MA. SLAUGHTER, Mr. SLAT-

MERT, Mr. ABERCROMBlE, and Mr. MINTTA) introduced the following

joint resolution; which was referred jointly to the Committees on House

Idministration, Government Operations, Bales, and the Judiciar,

JOINT RESOLUTION

To provide for the expeditious disclosure of records relevant

to the assassination of President John F. Kennedy.

1

Resolved by the Senate and House of Representatives

2 of the United States of America in Congress assembled,

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...

F: VEAS\GO1 NEURES454.SUS

1 SECTION 1. SHORT TITLE.

2

This joint resolution may be cited as the "Assassina-

3 tion Materials Disclosure Resolution of 1992".

4 SEC. & FINDINGS AND PURPOSE.

5

(a) FINDINGS.-The Congress finds the following:

6

(1) Legitimate confidentiality concerns based

7

upon national security, personal privacy, law en-

8

forcement, and other recognized interests diminish

9

over time.

10

(2) There is a compelling public interest that all

11

government records be eventually made available to

412

the public.

13

(3) There is a compelling public interest that all

14

materials concerning the assassination of President

15

• John F. Kennedy be made available to the public at

16

- the earliest possible date.

17

(4) Executive Order 12356, National Security

---

18

Information, as implemented by the executive

19

branch, has precluded the timely release of materials

20

relating to the assassination of President Kennedy.

21

(5) Section 552 of title 5, United States Code

22

(popularly known as the "Freedom of Information

23

Act"), as implemented by the executive branch, bas

24

failed to secure the timely release of materials relat-

25

ing to the assassination of President Kennedy.

August 8, 1992 (8:40 p.m.)

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## Page 48

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:

F:\EASI GOINEJRESA54.SUS

2

1

(6) The President's Commission on the Assas-

2

sination of President Kennedy and the President's

3

Commission on CLA Activities in the United States

4

were Federal agencies whose records are subject to

5

Federal records laws.

6

(7) Only in the rarest cases is there any legiti-

7

mate need for continued secrecy or classification of

8

materials relating to the assassination of President

9

Kennedy.

10

(8) The legitimacy of any government in a free

11

society depends on the consent of the people.

12

(9) The ability of a government in a free society

13

to obtain the consent of the people is undermined to

14

the degree that the people do not trust their govern-

15

ment.

16

(10) The disclosure of records in the possession

17

of the Government relevant to the assassination of

18

President John F. Kennedy will contribute to the

19

trust of the people in their government.

20

(6) PURPOSE.-The purpose of this joint resolution

21 is to make available to the public all materials relating

22 to the assassination of President Kennedy at the earliest

23 possible date.

24 SEC. 3. DEFINITIONS.

25

For the purposes of this joint resolution:

August 8, 1992 (8:40 p.m.)

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7

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18

19

20

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24

3

(1) The term "Archivist" means the Archivist

of the United States.

(2) The term "assassination material" -

(A) means any record that is determined

by the Review Board under section 6(b) to be

an assassination material; and

(B) does not include any item donated by

the family of President Kennedy to the Na-

tional Archives pursuant to the deed of gift

dated October 29, 1966.

(3) The term "Collection" means the President

Kennedy Assassination Materials Collection estab-

lished under section 4.

(4) The term "Court" means the division of the

United States Court of Appeals for the District of

Columbia Circuit established under section 49 of

title 28, United States Code.

(5) The term "custodian of records" means—

(A) the Committee on House Administra-

tion of the House of Representatives, for

records of the House Committee;

(B) the Select Committee on Intelligence

of the Senate, for records of the Senate Com-

mittee;

August 8, 1992 (8:40 p.m.)

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4

(C) the Archivist of the United States, for

records of the President's Commission on the

Assassination of President Kennedy and records

of the President's Commission on CIA Activities

in the United States; and

(D) the executive branch offcial des-

ignated by the head of an executive agency, for

each executive agency which has any record of

an official investigation in its possession.

(6) The term "executive agency" —

(A) has the meaning given to the term

"agency" by sections 551(1) and 552(f) of title

5, United States Code; and

(B) includes the Executive Offce of the

President, the Executive Offce of the Vice

President, and all components thereof.

(7) The term "Executive Director" means the

Executive Director of the Review Board appointed

under section 10(e).

(8) The term "House Committee" means the

Select Committee on Assassinations of the House of

Representatives.

(9) The term "National Archives" means the

National Archives and Records Administration and

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all components thereof, including the Presidential

Libraries.

(10) The term "originating body" means the

executive agency, Presidential commission, or Presi-

dential or Congressional committee that created a

record or obtained a record from a source other than

another entity of the Federal Government.

(11) The term "public interest" includes the

compelling public interests found by the Congress in

section 2(a) (2) and (3).

(12) The term' "record" includes

(A) a document, book, paper, map, or pho-

tograph;

(B) machine readable, computerized,

digitized, or electronic information, regardless

of the medium on which it is stored; and

(C) any other documentary material, re-

gardless of its physical form or characteristics.

(13)

The term "record of an

offcial

investigation" —

(A) means any record that was created,

obtained, or generated by

(i) a review of the assassination of

President Kennedy conducted by any of-

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(I) the President's Commission

on the assassination of President

Kennedy (popularly known as the

Warren Commission);

(IM) the Federal Bureau of Inves-

tigation;

(III) the Secret Service;

(IV) the Central Intelligence

Agency;

(V) the President's Commission

on CIA Activities in the United States

(popularly known as the Rockefeller

Commission);

(VI) the Senate Committee; and

(VII) The House Committee;

(i) any activity conducted by an exec-

utive agency in support of & review or ac-

tivity described in subparagraph (A); and

in) any other activity determined by

the Review Board to be relevant to the as-

sassination of President Kennedy; and

(B) includes any record that the Review

Board determines relates in any manner or de-

gree to the assassination of President John F.

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Kennedy, that was created, obtained, or gen-

2

erated by an executive agency.

3

(14) The term "Review Board" means the As-

4

sassination Materials Review Board established by

5

section 10(a).

6

(15) The term "Senate Committee" means the

7

Select Committee to Study Governmental Operations

8

With Respect to Intelligence Activities of the Senate.

9 SEC. 1 PRESIDENT KENNEDY ASSASSINATION MATERIALS

10

COLLECTION.

11

(a) ESTABLISEMENT.-Not later than 60 days after

12 the date of the enactment of this joint resolution, the Ar-

13 chivist shall establish in the National Archives a collection

14 which shall be known as the "President Kennedy Assas-

15 sination Materials Collection".

16

(b) CONTENTS. - The Collection shall consist of-

17

(1) all records transferred under section

18

5(a) (1);

19

(2) all assassination materials transferred

20

under section 5(c);

21

(3) determinations and recommendations sub-

22

mitted under section 6(f);

23

(4) all statements submitted under section

24

7(c) (2);

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1

(5) all summaries transmitted under section

2

7(d); and

3

(6) such other records relating to the assassina-

4

tion of President Kennedy as the Archivist considers

5

appropriate.

6

(e) PUBLIC AVANLABILITY.-The Archivist shall

I make available for public inspection and copying all

8 records in the Collection.

(d) PRINTING AND DISSEMINATION OF ASSASSINA-

10 TION MATERIALS.-

11

(1) SELECTION.-The National Historical Pub-

1:12

lications and Records Commission shall promptly

13

provide for the selection and preparation for publica-

14

tion of materials in the Collection that are of broad

15

historical interest.

16

(2) PRINTING AND DISTRIBUTION.-The Public

17

-

Printer shall

18

(A) make such materials available for dis-

19

tribution and sale under chapter 17 of title 44,

20

United States Code;

21

(B) make such materials available through

22

the Depository Library Program, under chapter

19 of title 14, United States Code; and

24

25

(C) in carrying out subparagraphs (A) and

(B), use appropriate and cost-effective tech-

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nology, including, to the estent practicable,

2

publication of such materials in a multi-media

3

electronic format.

4 SEC. 5. TRANSFER OR AVAILABILITY OF RECORDS OF OFFI-

5

CIAL INVESTIGATIONS.

6

(a) EXECUTIVE AGENCY RECORDS.-

7

(1) TRANSFER TO ARCHLVIST.-The head of

8

each executive agency may transfer to the Archivist

9

for inclusion in the Collection each record of an off-

10

cial investigation for which the agency is a custodian

11

of records.

112

(2) AVAILABILITY TO REVIEW BOARD.- On the

13

date which is 60 days after the date of the enact-

14

ment of this joint resolution, the head of each execu-

15

tive agency shall make available to the Review Board

16

each record of an official investigation for which the

17

agency is a custodian of records and which has not

18

been transferred from the agency to the Archivist

19

under paragraph (1).

20

(6) CONGRESSIONAL RECORDS.- Not later than 60

21 days after the date of the enactment of this joint resolu-

22 tion, the Archivist shall make available to the Review

23 Board each record of an official investigation for which

24 the Committee on House Administration of the House of

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1 Representatives or the Select Committee on Intelligence

2 of the Senate is a custodian of records.

3

(c) OTHER TRANSFER OF ASSASSINATION MATE-

4 RIALS.-The custodian of records for a record of an off-

5 cial investigation shall, after the date which is 30 days

6 after the date of the receipt of a recommendation of the

7 Review Board under section 6(b) with respect to the

8 record and by no later than 60 days after that date of

9 receipt, transfer the record to the Archivist for inclusion

10 in the Collection if-

11

(1) the Review Board determines under section

12

6(b) that the record is an assassination material;

13

(2) the Review Board recommends under sec-

14

tion 6(b) that the record should be transferred to

15

the Archivist for inclusion in the Collection; and

16

(3) that transfer and inclusion is not postponed

17

in accordance with section 7(b).

18 SEC. 8. REVIEWS BY REVIEW BOARD.

19

(a) REVEWS OF TRANSFERRED MATERIALS.-The

20 Review Board shall review-

21

(1) each record of an official investigation made

22

available under section 5(a) (2) or (b); and

23

(2) all other records available to the Review

24

Board that it has reason to believe are relevant to

25

the assassination of President Kennedy.

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11

1

2

3

4

5

(b) DETERMINATIONS AND RECOMMENDATIONS.-

(1) IN GENERAL.-Upon completing a review

under subsection (a) with respect to a record, the

Review Board shall-

(A) determine whether the record is an as-

sassination material; and

7

8

(B) in the case of an assassination mate-

rial and based on the criteria set forth in sec-

tion 7(a), submit to the custodian of records

10

and, if different, the originating body for the

11

material a recommendation that the record

*12

(i) should be transferred to the Archi-

13

vist for inclusion in the Collection; or

14

(i) qualites for postponement under

15

that section.

16

(2) CONTENTS.-Each determination and each

17

-

recommendation of the Review Board shall—

18

(A) identify the record that is the subject

19

of the determination or recommendation; and

20

(B) set forth the basis for the determina-

21

tion or recommendation.

22

(c) DETERMINATION OF ASSASSINATION MATE.

23 RIAL.-The Review Board shall determine under sub-

24 section (b) that a record is an assassination material un-

25 less the Review Board determines by clear and convincing

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1 evidence that the record does not have any relevance to

2 the assassination of President Kennedy.

3

(d) PRESUMPTION FOR TRANSFER.-The Review

4 Board shall recommend under subsection (b)(1) that an

5 assassination material should be transferred to the Archi-

6 vist for inclusion in the Collection, unless there is clear

7 and convincing evidence that the material qualifes for

8 postponement under section 7(a).

-9

(e) REVIEW OF PORTIONS THAT CAN BE SEG-

10 REGATED.-If the Review Board determines that an as-

11 sassination material qualifies for postponement under sec-

12 tion 7(a), the Review Board shall separately review and

13 make final recommendations under this section with re-

14 spect to any portion of the material that can be reasonably

15 segregated.

16

(t) SUBMISSIONS TO ARCHIVIST. The Review Board

17 shall submit to the Archivist for inclusion in the

18 Collection-

19

(1) each

determination under subsection

20

(b) (1)(A) that a record of an official investigation is

21

not an assassination material; and

22

(2) each recommendation under subsection

23

(b) (1)(B) that an assassination material qualifes for

24

postponement.

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1 SEC. 7. POSTPONEMENT OF TRANSFER OF ASSASSINATION

2

MATERIAL.

(a) QUALIFICATION FOR POSTPONEMENT.- Assas-

4 sination material qualifies for postponement under this

5 subsection only if one or more of the following criteria are

6 met:

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

(1) The threat to the military defense, intel-

ligence operations, or conduct of foreign relations of

the United States posed by the public availability of

the assassination material is of such gravity that it

outweighs the public interest in disclosure of the as-

sassination material, and such public availability

would reveal

(A) an intelligence agent whose identity

currently requires protection;

(B) an intelligence source or method which

is currently utilized or reasonably expected to

be utilized by the United States Government

and which has not been officially disclosed, and

the disclosure of which would interfere with the

conduct of intelligence activities; or

(C) any other matter currently relating to

the military defense, intelligence operations, or

conduct of foreign relations of the United

States, the public availability of which would

August 8, 1992 (0:40 p.m.)

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demonstrably impair the national security of

the United States.

(2) The public availability of the assassination

material would disclose the name or identity of a liv-

ing person who provided confidential information to

the United States and would pose a substantial risk

of harm to such person.

(3) The public availability of the assassination

material could reasonably be expected to constitute

an unwarranted invasion of personal privacy, and

that invasion of privacy is so substantial that it out-

weighs the public interest in disclosure of the assas-

sination material.

(4) The public availability of the assassination

material would constitute an unjustified violation of

an express, documented understanding of con-

fidentiality between & Government agent and a co-

operating individual or a foreign government,

(5) The public availability of the assassination

material would disclose a security or protective pro-

cedure currently utilized, or reasonably expected to

be utilized, by the Secret Service or another Govern-

ment agency responsible for protecting Government

officials, and that public availability would be so

harmful that it outweighs the public interest.

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1

(b) POSTPONEMENT.-The transfer of assassination

2 material to the Archivist for inclusion in the Collection

3 shall be postponed for purposes of section 5(c)(3) not-

4 withstanding any recommendation of the Review Board,

5 if-

6

7

8

9

10

11

12

13

14

15

16

17

-

18

19

20

21

22

23

24

25

(1) in the case of assassination material for

which the originating body is the Senate Committee,

the Senate certifies that the material qualifies for

postponement under subsection (a) by agreeing to a

resolution to that effect

(A) by a majority of members present and

voting; and

(B) by not later than 30 days after the

date on which the Review Board submits a rec-

ommendation under section 6(b) with respect to

the material;

(2) in the case of assassination material for

which the originating body is the House Committee,

the House certifies that the material qualifies for

postponement under subsection (a) by agreeing to a

resolution to that effect

(A) by a majority of members present and

voting; and

(B) by not later than 30 days after the

date on which the Review Board submits a rec-

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16

ommendation under section 6(b) with respect to

the material; and

(3) in the case of assassination material for

which the originating body is an executive agency,

the President certifies to the Review Board by not

later than 30 days after the date on which the Re-

view Board submits a recommendation under section

6(b) with respect to the material that the material

qualities for postponement under subsection (a).

(e) CERTIFICATION BY PRESIDENT.-

(1) AUTHORITY NONDELEGABLE. - The author-

ity of the President to certify under subsection

(b)(3) may not be delegated to any other person.

(2) STATEMINT.-If the President makes a

certification under subsection (b)(3) for an assas-

sination material, the President shall

(A) submit to the Committee on House

Administration of the House of Representatives,

to the Select Committee on Intelligencé of the

Senate, and to the Archivist for inclusion in the

Collection a written statement that

(i) identifies the assassination mate-

rial with specificity; and

(i) sets forth the basis for the cer-

tification, including the criteria under sub-

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1

section (a) under which the material quali-

2

fies for postponement; and

3

(B) publish the statement in the Federal

4

Register by not later than 10 days after the

5

date of that submission.

6

(d) SUMMARY OF POSTPONED ASSASSINATION MA-

7 TERIALS.-The Review Board may, after consulting with

& the custodian of records and, if different, the originating

9 body for an assassination material the transfer of which

10 is postponed under this section, prepare and transmit a

11 summary of the assassination material to the Archivist for

12 inclusion in the Collection.

13 SEC. 8. MARKING AND REVIEW OF POSTPONED MATERIALS.

14

(a) MARKING.—The Review Board shall

15

(1) mark any portion of assassination material

16

that is not transferred to the Archivist for inclusion

17

in the Collection pursuant to section 5(c), in accord-

18

ance with a system of identification established by

19

the Review Board; and

20

(2) append to that portion a statement of the

21

Review Board designating a specifed time at which,

22

or a specified occurrence following which, the mate-

23

rial shall be reconsidered for inclusion in the Collee-

24

tion pursuant to the criteria set forth in section

7(a).

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1

(b) TRANSFER. -The Review Board shall transfer all

2 assassination material marked under subsection (a), and

3 all appendices thereto, to the Archivist.

4

(c) REVIEW.—The Archivist shall, by not later than

§ the time or the occurrence specified under subsection

6 (a) (2) for an assassination material

7

(1) review the assassination material and any

8

appendices thereto; and

9

(2) resubmit the assassination material to the

10

Review Board, if it is still in existence, or to the

11

originating body, if the Review Board has termi-

12

nated.

13 SEC. 9. PUBLIC AVAILABILITY OF OTHER INFORMATION.

14

(a) MATERIALS UNDER SEAL OF COURT.-The Re-

15 view Board may request the Department of Justice to pe-

16 tition, or through its own counsel may petition, any court

17 in the United States or a foreign country to make publicly

18 available any information relevant to the assassination of

19 President Kennedy that is held under seal of the court.

20

(6) GRAND JURY MATERIALS.-

21

(1) PETITIONS.-The Review Board may re-

22

quest the Attorney General to petition, or through

23

its own counsel may petition, any court in the Unit-

24

ed States to make publicly available any information

25

relevant to the assassination of President Kennedy

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1

2

3

4

5

6

that is held under the injunction of secrecy of a

grand jury.

(2) TREATMENT UNDER FEDERAL RULES.-A

petition under this subsection is deemed to con-

stitute a showing of particularized need under Rule

6 of the Federal Rules of Criminal Procedure.

7

(c) AUTOPSY MATERIALS. - The Review Board shall,

8 pursuant to the terms of the deed of gift dated October

9 29, 1966, seek access to the autopsy photographs and ≤

10 rays donated to the National Archives by the family of

11 President Kennedy. The Review Board shall, as soon as

12 practicable, submit to the Speaker of the House of Rep-

13 resentatives and the Select Committee on Intelligence of

14 the Senate a report on the status of those records and

15 on access to those records by individuals consistent with

16 the deed of gift.

17

(d) COOPERATION OF EXECUTIVE BRANCH.-

18

(1) ATTORNEY GENERAL. -The Attorney Gen-

19

eral shall assist the Review Board in good faith to

20

unseal any records that the Review Board deter-

21

mines to be relevant and held under seal by a court

22

or under the injunction of secrecy of a grand jury.

23

(2) SECRETARY OF STATE.- The Secretary of

24

State shall, as soon as possible

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1

(A) contact the Government of the Repub-

2

lic of Russia and seek the public availability of

3

all records of the Government of the former So-

4

viet Union, including the records of the Komitet

5

Gosudarstvennoy Bezopasnosti (KGB) and the

6

Glavnoye Razvedyvatelnoye Upravleniye (GRU),

7

that are relevant to the assassination of Presi-

8

dent Kennedy; and

9

(B) contact any other foreign government

10

that may hold information relevant to the as-

11

sassination of President Kennedy, and seek the

12

publie availability of such information.

13

(3) OTHER EXECUTIVE AGENCIES.-The head

14

of each executive agency shall cooperate fully with

15

the Review Board to seek the public availability of

16

all information relevant to the assassination of

17

- President Kennedy.

18 SEC. 10. ASSASSINATION MATERIALS REVIEW BOARD.

19

(a) ESTABLISEMENT AND FUNCTIONS.-There is es-

20 tablished as an independent agency a board which shall

21 be known as the "Assassinations Materials Review

22 Board". The Review Board shall perform such functions

23 as are assigned to it by this joint resolution.

24

(b) APPOINTMENT.—

..

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21

(1) IN GENERAL. The Court shall, within 90

days after the date of enactment of this joint resolu-

tion, appoint, without regard to political affliation,

5 distinguished and impartial private citizens to

serve as members of the Review Board.

(2) VACANCIES.-A vacancy on the Review

Board shall be filled in the same manner as the

original appointment was made under paragraph

(1).

10

11

12

13

14

(3) INFERIOR OFFICERS.-The members of the

Review Board are deemed to be inferior officers of

the United States within the meaning of section 2

of article Il of the Constitution.

(4) CHAIRPERSON.-The members of the Re-

view Board shall elect 1 of its members as chair-

16

person at its initial meeting.

17

_ (c) ExECUTIvE DIRECTOR.-The Review Board shall

18 appoint an individual of integrity and impartiality to serve

19 as Executive Director of the Review Board.

20

(d) LIMITATION.—A person who is employed by the

21 Government or who has been employed by any intelligence

22 or law enforcement agency of the United States Govern-

23 ment, or who has had any involvement with any review

24 referred to in section 3(13)(A)(i) or (ii) may not serve as

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1 a member of the Review Board or as the Executive Direc-

2 tor.

3

(e) RECOMMENDATIONS.—Prior to appointing any

4 person to be a member of the Review Board, the Court

5 may solicit and consider the recommendations of diverse

6 representatives of general and scholarly interest in assas-

7 sination materials,

including the American Political

8 Science Association, the American Society of Newspaper

9 Editors, the Organization of American Historians, the Na-

10 tional Security Archive, the Organization of American

11 Historians, the Society of American Archivists, the Asso-

12 ciation of American Publishers, the Center for National

13 Security Studies, the American Historical Society, and the

14 American Newspaper Publishers Association.

15

(f) COMPENSATION.-

16

(1) PAY.—Members of the Review Board and

17

- the Executive Director shall be compensated at a

18

rate equal to the daily equivalent of the annual rate

19

of basic pay prescribed for level IV of the Executive

20

Schedule under section 5315 of title 5, United

States Code, for each day (including travel time)

22

23

24

25

during which the member is engaged in the perform-

ance of the duties of the Review Board.

(2) TRAVEL EXPENSES.-Members of the Re-

view Board shall be allowed reasonable travel ex-

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1

penses, including per diem in lieu of subsistence, at

2

rates authorized for employees of agencies under

3

chapter I of chapter 57 of title 5, United States

4

Code, while away from the member's home or regu-

5

lar place of business in the performance of services

6

for the Review Board.

7

(g) REMOVAL.-

8

(1) IN GENERAL.-No member of the Review

9

Board or the Executive Director shall be removed

10

from office, other than for inefficiency, neglect of

11

duty, malfeasance in office, physical disability, men-

12

tal incapacity, or any other condition that substan-

13

tially impairs the performance of the member's or

14

Executive Director's duties.

15

(2) REPORT.-Within 10 days after any date

16

on which a member of the Review Board is removed

17

-

from office, the Court shall submit to the Committee

18

o2 Government Operations of the House of Rep-

19

resentatives and the Committee on Governmental

20

Affairs of the Senate a report specifying the facts

21

found and the grounds for the removal.

22

(h) OVERSIGHT.-The Committee on Government

23 Operations of the House of Representatives and the Com-

24 mittee on Governmental Affairs of the Senate shall have

25 continuing oversight jurisdiction with respect to the off-

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1 cial conduct of the Review Board. The Review Board shall

2 cooperate with the exercise of such oversight jurisdiction.

3

4

5

(i) SUPPORT SERVICES.-

(1) GENERAL SERVICES ADMINISTRATION.-

The Administrator of General Services shall provide

administrative and support services to the Review

7

8

9

10

11

Board on a reimbursable basis, including office

space and clerical and personnel support.

(2) DETAILS.- At the request of the Executive

Director, the head of an executive agency shall detail

employees of the agency to assist the Review Board

in carrying out this joint resolution, Any employee

13

14

15

16

17

18

19

detailed to the Review Board shall be detailed with-

out reimbursement, and without interruption or loss

of civil service status or privilege.

(3) SERVICES.-The Review Board may procure

temporary and intermittent services under section

3109(b) of title 5, United States Code, at rates for

individuals that do not exceed the daily equivalent of

the annual rate of basic pay prescribed for level V

21

of the Executive Schedule under section 5316 of

22

that title.

23

(i) INTERPRETIVE GUIDELINES.- The Review Board

24 may issue interpretive guidelines to assist in implementing

25 the purposes of this joint resolution.

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15

16

17

18

19

20

21

22

23

24

25

25

(k) TERMINATION.-

(1) IN GENERAL.-The Review Board shall ter-

minate on the date which is 2 years after the date

of the enactment of this joint resolution, except the

Review Board may, by majority vote, extend its term

for an additional 1-year period if it has not com-

pleted its work within such 2-year period.

(2) NOTICE OF TERMINATION.—At least 30

days before completing its work, the Review Board

shall provide written notice to the President and the

Congress of its intention to terminate its operations

at a specified date.

(3) TRANSFER OF REVIEW BOARD RECORDS.-

Upon its termination, the records of the Review

Board shall be transferred to the Archivist in ac-

cordance with section 2107(2) of title 44, United

States Code.

(I) ACCESS TO RECORDS.-

(1) ACCESS OF REVIEW BOARD AND EXECUTIVE

DIRECTOR.- An executive agency shall upon request

promptly provide to a Member of the Review Board,

the Executive Director, or their designee, access to

any record requested by the Review Board.

(2) MAINTENANCE OF CONFIDENTIALITY.-Any

person who obtains access under this joint resolution

August 6, 1992 (0:40 p.m.)

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F:\EAS\GO1\ELJRES454.SUS

26

1

2

3

4

to any record that is restricted by law for reason of

national security or otherwise

(A) shall maintain the same level of con-

fidentiality for that record as is required of the

head of the originating body for the record; and

6

(B) shall be subject to the statutory pen-

7

alties for unauthorized disclosure or use that

8

apply to offcers and employees of the originat-

9

ing body for the record.

10

(m) Powers.—The Review Board shall have author-

11 ity to hold hearings, administer oaths, and subpoena wit-

12 nesses and documents, and its subpoenas may be enforced

13 in any appropriate Federal court by the Department of

14 Justice acting pursuant to a lawful request of the Review

15 Board.

16 SEC. 11. RULES OF CONSTRUCTION.

17

_ (a) PRECEDENCE OVER OTHER LAW.- Any provision

18 of this joint resolution that requires public availability of

19 a record-

20

(1) shall take precedence over any other law

21

(except paragraph (2)) that would otherwise prohibit

22

such public availability, including any judicial deci-

23

sion, common law doctrine, Executive order, or exec-

24

utive agency regulation; and

August 0, 1992 (0:40 p.M.)

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•

F: \HAS\ GOI\EJRES454.SUS

27

1

(2) shall not apply to any record that is subject

2

to a deed of gift governing access to, transfer of, or

3

release of the record.

4

(b) FREEDOM OF INFORMATION ACT.- Nothing in

§ this joint resolution shall be construed to eliminate or

6 limit

7

(1) any right to file a request for an assassina-

8

tion material, with any executive agency other than

9

the Review Board;

10

(2) any right to seek judicial review pursuant to

=:

section 552 of title 5, United States Code, of the de-

12

cision of such an agency with respect to such a re-

13

quest; or

14

(3) any requirement that such an agency make

15

available to the public in accordance with that sec-

16

tion any assassination material.

17

(e) ExISTING AUTHORITY. - Nothing in this joint res-

18 olution revokes or limits any existing authority or obliga-

19 tion of the President, any executive agency, the Senate,

20 the House of Representatives, or any other entity of the

21 Federal Government, to make publicly available records

22 in its possession, custody, or control.

23 SEC. 12. CONGRESSIONAL RULEMAKING AUTHORITY.

24

Sections 5(b) and 7(b)(1) and (2) are adopted-

August 8, 1992 (B:40 p.m.)

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F:NEASIGOINELJRES454.SUS

28

1

2

3

4

5

7

10

(1) as an exercise of the rulemaking authority

of the House of Representatives and the Senate; and

(2) recognizing the constitutional prerogative of

each House of the Congress to modify its rules relat-

ing to the procedures of that House.

6 SEC. 13. AUTHORIZATION OF APPROPRIATIONS.

(a) IN GENERAL. -There are aüthorized to be appro-

8 priated such sums as are necessary to carry out this joint

9 resolution, to remain available until expended.

(b) INTERIM FUNDING.- Until such time as funds

are appropriated pursuant to subsection (a), the President

12 may use such sums as are available for discretionary use

13 to carry out this joint resolution.

August 8, 1992 (6:40 p.m.)

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General Counsel

92-01611

CIA SPECIA. COLLECTIONS

RELEASE IN PULL

2000

OCA 0700-92

27 March 1992

MEMORANDUM FOR:

FROM:

SUBJECT:

General Counsel

Chief, DCI History Staff

Vice Chairman/NIC

Chief/IMS/DO

David M. Pearline

Deputy Director for Legislation

Office of Congressional Affairs

Assassination Disclosure Act of 1992

1.

Attached for your review and comment is the Joint

Resolution introduced yesterday by Congressman Stokes and

Senator Boren that would establish procedures for declassifying

out catal,

records related to the assassination of JFK.

The Resolution in

the House will be referred to the Rules Committee, Government

Operations Committee and the Judiciary Committee.

In the

Senate, the Resolution will be referred to Government Affairs

Committee.

2.

The Resolution has the following key elements:

It establishes an Assassination Material Review

Board composed of five private citizens, appointed by the

D.C. Circuit Court of Appeals, and mandates that all

executive agencies turn any assassination material they may

possess over to the

Executive Director of the Board.

Unless there is clear and convincing evidence that the

material falls within certain stated exemptions, the

Executive Director would then turn the material over to the

Archivist for release to the public.

An executive agency

may appeal to the Review Board the decision by the

Executive Director to release assassination material.

b.

Disclosure of information may be postponed if it

would reveal an intelligence agent; an intelligence source

or method which is currently utilized or reasonably

expected to be utilized, by the US Government; or any

matter currently relating to military defense, intelligence

operations

or the conduct of foreign relations of the US

and the threat posed by disclosure of such information

outweighs any public interest in the disclosure. Other

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## Page 76

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SUBJECT: Assassination Disclosure Act of 1992

grounds for postponing disclosure include invasion of the

privacy of a living person, breach of a promise of

confidentiality, and disclosure of a security or protective

procedure used by the Secret Service.

C. Any material that falls within the above stated

categories would be referred by the Executive Director to

the Review Board which would then make a decision whether

to release the document in full or in part.

The

presumption would be in favor of releasing the documents,

the Board determined that there was clear and

convincing evidence that the document was protected by the

exemptions.

The Review Board would also have the option of

releasing to the public a summary of the document, or

inserting substitutions for information that otherwise

could not be released.

d. An executive agency is given 60 days to appeal to

the President a decision by the Review Board to release a

record, particular information in a record, a summary of a

record or a substitution for particular information.

President may prevent the Review Board from releasing the

material if he certifies that the materials falls within

exemptions described above.

The President may not delegate

this

authority, and must submit to the appropriate

committee in the House and to the SSCI a written statement

setting forth the reasons for denying release of the

information and a complete copy of the material at issue.

In addition, the President must publish in the Federal

Register a notice that he has taken such action,

and a

description of the size and nature of assassination

material at issue. The Executive Branch is not given any

opportunity to appeal a decision to release material

loriginated by the House, Senate or Warren Commission.

e.

Whenever a final decision has been made to

postpone release of material, the Review Board is required

to-turn the information over

to the Archivist along with a

statement as to a specific time or specific occurrence that

would trigger reconsideration of the decision not to

release the material.

The Archivist would then be placed

under a continuing duty to review the material for release

to the public.

f.

The Review Board may subpoena assassination

material from agencies and compel the attendance of

witnesses at hearings. Subpoenas may be enforced in

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SUBJECT:

Assassination Disclosure Act of 1992

Federal court by the Department of Justice acting pursuant

At the request of the Review

Board, executive agencies are required to detail to the

Board such employees as may be necessary to carry out the

Oversight of Board activities is

to be carried out by the SSCI and by an appropriate

be two years, with an option to extend for another year.

3. We are in the process of analyzing this Resolution anc

putting together comments that we can use in discussing the

Resolution with the staff of the relevant committees. I would,

therefore, appreciate receiving any comments you have on the

Resolution by 2. April.

Dotted

David M.

Pearlme

Attachment:

As stated

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## Page 78

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ain"

SUBJECT: Assassination Disclosure Act of 1992

OCA/LEG/DPearline:me/Iw/37915

(27 March 1992)

OCA 0700-92

Distribution:

Original - Addressees (w/att)

1 - D/OCA (w/att)

1 - ORMS/CCA (Dick Coffman) (w/att)

1 - C/LD/OGC (George Jameson) (w/att)

1 - Leg Subj File (w/att)

DMP Signer File

(w/o att)

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## Page 79

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102d Congress

2d Session

A.J. ReS._

IN THE MOUSE OF REPRESERTATIVES

M.. Stokes introduced the following joint resolution; which

was referred to the the committee on .

JOINT RESOLUTION

Do provide lor the expeditious disclosure of records

relevant to the assassination of president John E. "ennedy.

Resoived by the senate and House of Representatives of

the United States of America in Congress assembled,

SECTION 1. SEORT TITLE.

This icin= Resolution may be cited as the "issassination

Materials Disclesure Act of 1992".

SEC. 2. FINDINGS, DECLARATIONS, AND PURPOSE.

(a) FINDINGS AND DECLARATIONS.-The congress finds ard

declares that-

1-

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## Page 80

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lil the legitinacy of any government in a free

society dependo on the consent of the people;

12) the ability of a government in a fire society

to obtain the consent of the people la undermined to the

dogres that the people do not trust their government;

(3) the disclosure of records in the possession of

the Governmen: relevant to the assassination of

President John f. Kennedy will contribute to the trust

of the people in their government;

14) the disclosure of records in the possession of

the Government relevant to the assassination of

President John F. Kennedy should proceed as

expeditiously as practicable; and

15) all secords in the possession of the Government

relevant to the assassination ei President John ?.

Kennedy should be released to the public at the earliest

opportunity, except where clear and convincing

justification exists for postponing the disclosure of

such records to a specified time or following a

specifled occurrence in the future.

(D) PURPOSE. - The purpose of this Joint Resolution 15 to

secure the expeditious disclosure of records salavant to the

assassination of President John F. Kenredy as soon 85

practicable consistent with the public interest.

SEC. 3. DEFINITIONS.

In This Joint Resolution:

ill "Archivist" seans the Archivist of the United

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states.

(2) "assassination material" means a record that

relates in any manner or degree to the assassinatión se

President cohn é. Kennedy, that was celated of obtained

by the douse conmittee,...

the Senate Cosmistee, the naster

Commission, or an Executive agency or any othes entity

within the Executive branch of the Goreingent, and that

is in the custody of the House of representatives, che

Senate, the National Archives, of any other Executive

agenci, but does not include (A) material to the extent

that it pertains to personnel matters or other

administrative affaiis of a congressional committee, the

warsen commission, or any entity within che Executive

branch as the suvernment; or (3) the autopsy materials

donated by the kennedy family to the National archives

pursuant to a deed oi gift regulating access to those

materials, which are addressed in subsection 10ib) os

this Joint Resolution.

(3) "Committee" means the House Connittee or Senate

Committee.

14) "exacutive agency" nears an Executive agency

as defined in subsection 55215l of title 5, United

States Code.

15! "House Cormittee" nears the Seinet Coamittee on

Assassinations os the acuisa of representatives and the

permanen: select committee on inteiligence of the souse

a representatives acting under this Joine resalution

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with respect to assassination aaterials in the custody

of the House of Representatives.

(6)

"National Archives" neans the National

archives and Records Administration.

(7) "Originating body" means the Executive agency,

commission, or congressional committee that created the

particular record or obtained the particular record from

a source other than another entity of the Government, or

the custodian of records of that agersy, cosmission, or

conmittee for purposes of this solst Resolution. For

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

records of the Select Committee or. Assassinations of the

House of Representatives is the Permanent Select

Committee on Intelligence of the House of

Representatives; (B) the custodian of records of the

Select Committee to study Governaental 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 Cormission 1s the

Archivist of the United States.

(8) "Record" includes a book, paper, map,

photograph, machine resdable material, computerized,

digitized, or electronic information, regardless of the

medium on which it is stoied, or other documentary

material, regardiass of its physical form or

characteristics.

(9)

"Review Board" means the Assassination

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Material Review Board established under sectior. 5.

110) "Senate Committee" means the selec: comittee

to study Goveranental Operations With Respect to

Intailigence if the Serate and the Select Committee on

Intelligence of the senate acting under this Joint

Resolution with respect io assassination materials in

the custody of tha Senata.

111) "Warren Commission" neans the fresidani's -

Commissior en the Assassination of President John F.

Rennedy.

SEC. 4. PUBLIC DISCLOSURZ OZ MATERIALS BY CONGRESS AND TEE

EXECUTIVE BRANCE.

(a) IN GENESAI. - Except Esi assassination material or

particuiar information i. assassination material the

disciosure of which is postpored under section 9, all

assassination materials shall be transferred to the National

àrchives and nade available for inspection and copying by the

general public as soon as practicable.

(b) FEES FOR COPYING. - The Archivist shall charge fees

for copying and grant waivers of such fees pursuant to the

standards astablished by section 552 of title 5, Urited

States Code.

ÍC; FAINTING AND DISSEMINATICN OF AUSASSINATION

inTERIALS. - ill the Archivist may provide copies of

assassination matarials of broad public interest to the -

sovernnen: Printing difice, whish shall print

copies for 5313

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to the public.

12) Assassination materials printed by the Government

Printing ditiso pursuant so this subsection stall be placed

in jibiaries throughout che United States that ase Government

sepositories in accordance with the provistons of Chapter 19

of Title 41, Unitad States Sode.

SEC. 5. ASSIISINATION MATERIALS REVIEH BOARD.

(a) ESTASLISHMENT. - There is established as an

indepsident agency a board to be known as the Assassination

Materials Review Board.

(LI APPOINIMENT. - il) The division of the United States

Court of Appeals fo: the District of Columbia Clrouit

established under section i9 as title 28, United states Codo,

shali, within so calendar says ce the dats of enactment of

this joint resclution, appoint, without regard is political

artiliation, S distinguished and lapartial private citizens.

none of whoa are presently esployees of any branch of the

coveragent and none of whon shal; have had any prevlous

involvement with aoy investigation or inguisy relating to the

assassination se president John f. Kennedy, to sesve as

manbers of the Review Board.

li' a vacancy on the Review Board shall bo filied in the

sase manne: as the original appointment was made under

paragraph (1).

13) The asabers of the Revior soard shall be deemed to

-

be infecior officeis of the United States withir the meaning

of section i of articlo ij of the constitution.

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icy Chiös.- The menbers of the Review 30gis Shall alect

¡oi its menbeas as cha!. ai lis initial meeting.

¡dI COMPENJATION OF MEMBERS. - 11) A IORDeE Of the RaViOU

oard shail be ecupensaied at a sate equal io the daily

equivalent es the annual rate of basic pay prescribed for

level Iv of cha Executive schedule under section. 5315 of

title 3, United States Code, for each day (including travel

tine) during which the menber is engaged ln the performance

of the duties of the Review Board.

12) A seaber of the Review Board shall be allowed

reasonable cravel expenses, including por dien in lieu of

subsistence, at rates authorized fos employees of agencies

___unde: subchapter i of crapter 57 of citle 5, United States

code, while sway insa the neuber's home si reguiar piace of

business la the peiforzarce of services for the ñaview Board.

(e) StArE. - (i) the Review acard may, without segard to

the civil service lais ard regulatious, appoint and terminate

an Exacuiire Director and such other additional personal as

are necessary to erabla the Revier Boará to perforn its

duties. The individual appointed Executive Director shall be

a person of integrity and impartiality ino is not a prosent

employee of any braner of the government and has had no

previous invoirament with any investigation or inguiry

relating to ine assassination of gresident dobn i. Kernedy.

12) The Revien Board way tin the compensation o! the

executive director and other personnel without regard to the

provisicas of chapter 51 and subchapte: Int of chapter 53 of

-7-

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itle 5, Uniied States Code, relating to classification of

positics and general Schedule pay rates, except that the

rase of pay for the executive director and other gersonce!

my no: exased the rite payable for leval Vod the Executlie

schedule under section 5316 of that ticle.

1ã! At the reguest of the Executive Directos, Executive

agencies, inciuding the National Archives and othe

originating bodies within the Exscutive Branch, shall detail

to the review Board such employees as nay be necessary and

appropriate to carry out the review requirad by this joint

Resolution. Any expioyee detailed to the revier Board for

this purpose shall be detailed without reinburserent, and

such detail shall be withous interruption os loss of civil

service status or privilege.

14; The review board day procure temporary and

internittent services undes section 31091b) of title 5,

United States Code,

at rates for

individuals that do not

exceed the daily eguivalent of the annual sate of basic pay

prescribed fos level l of the Executive Schedule under

section 5316 of that title.

(E! INAPPLICABILITY DE CERTAIN LANS. - The SELLOWIng ISWS

shall not apply to the Review zoard:

11j sübchaptes li of chapter 5 of title 5, united

States Code.

12l Chapter 7 of title 5. United States code.

¡31 Section 3105 and 3344 of title 5, ünited States

Code.

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(g) DüTIES, - Ibm Review Board shäll consider and rander

decisions on referrals dy the Executive directos and appeais

as provided in section 7 for a determination-

li! whether a record constitutes asslogiration

material subject to this joint assclution; and

la! whethee a record or parcicular information in a

record qualifies for postponenent of disclosure under

-

this joint Resolution.

(1) REMOVAL. - 11) A menbas of the Review Board may be

renoved fron office, other than by impeachaent and

conviction, only by the action of the president or the

ditorney General acting on behaif of the president, and only

fos inefficiency, neglect of duty, sa:feasance in office,

physical disability, mental incapacity, or any othes

condition that substantially lapalrs the performance os the

member's duties.

1211Al Is a member of the Review Board is removed from

office, the attorney General shall promptly submit to the

division of the court that appointed the menbess of the

Revlen soari, the committee on the Judiciary of the sendus,

and the conmittee on the judiciary of the house o-

representatives, a seport specifying the facts found and the

ultimate grounds for the renovai.

¡si tre division of the court, the commities on the

judiciary of the senate, and the connittee on the Judiciasy

of the dause of Representatives shall make available to the

pubii: a port submitted undet subparagraph lài, except that

-9-

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the division as the court or elther judiciary committee may,

¡l necessasy to proteci the rights of a peison ramad in the

repost of ta preven: undue interzerence with any panding

prosecution, postpone or refrain fion publishing any or all

of the report.

13111) A zember of the Review Board resoved fron office

may obiain judicial reviaw of the renoval in a civil action

commenced in the United States District Court, for the

District of Columbia.

1s; dinenber of the division of the court that appointed

the members of the Revisw Board nay not hear or determine a

civil action or an appeal of a decision in a civil action

brought under subparagraph (àl.

(C) The member aay be reinstated as granted other

appropriata relief by order of the court.

(i) OVEASIGHI. - (1) The appropriate cosmittee of the

House of Representatives and the select Connittee on

Intelligence of the Senata shall have continuing oversight

jurisdiction with respect to the officiai conduct of the

REVIeN Board, to include access to any records hald or

created by the Review Board, and the Revlew Board shall have

the duty to cooperate with the exercise of such oversight

jurisdiction.

12) The Revien Juard shall submit to the Congress such

stateuents oi repoits on the activities as the review soard

as the Revier Board considers to be approgriate in addition

-

to the notifications required by subsection 8íg).

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(JY SUPFORI SERVICES. - The Addinistrator of the Genera!

services Acministration shall picuide ydainistrailia carsicas

for the Reviow board on a seirbursable basia. the Archivist

shall provida support services fo: the Review scard to

include, do necessay, office space, clerical support, and

personnel support, or a reimbursable basis.

(X) INTERPRETIVE REGULATIONS. - The RoVlew soard ray

issue interpretive regulations.

- (1) TERMINATION. - (Ii The Review Board and the teras of

¡is members shall terminata within two yeais of the date upon

which the Board is formally constituted pursuant to this

joint Resolution and begins operations. Provided that, is

the review soard has not completed its work pursuant to this

joint Resolution within such two-year period, i: say, by

majority vote, extend its term for an additions! one-yea:

period fur such purpose. Any additional exisasion of the

Review Soard and the terms of its renbers shall ba suthorized

by the congress.

i2) At least 30 calenda: days prior to the

completion of its work, the Review Board shall provide

written actice to the Presidert and the Congress of its

intention to terminate its sperations at a specified date.

SEC. Ó. GROUNDS POR PUSIPOHEMENT SI DISCLOSURE.

DiGciosuse to the geneial publis of assassination

aaterial os particular information in assassinatior material

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## Page 90

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may be postponed if its release would --

(1) reveal --

(A) an intelligence agent;

l8i an intelligence

source on method which is

currently utilized, or seaschably expected to be.

utilised, by the United States Governsent; or

IC) any other matter currently reiating to the

militaiy deferse, intelligence operations or conduct of

foreiga relations of the United States;

•and the threat to the military defense,

-intelligence operationg or conduct of foreign

relations of the United states posed by its

disclosure is of such gravity that it outweighs any

public interest in its disclosure.

i2l constitute an invasion os privacy of a living

pesson, wnether that person is identifiad is the material or

not, and that invasion of privacy is so substantial that it

outweighs any public interest

in its disclosure;

(3) constitute a substantial and unjustified violation

of an understanding of confidertiality betreen a Government

agen: and a minoso or a soreiga governient; or

16i disclose a security es protective precadure

currently utilized, or reasonably expected to be willized: by

the secret service or cabes Government agency desponsible for

proiecting sovernment cfsicials, and that disciosure is so

harmful that it cutweighs any public interest in its

• disclosure.

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SEC I. REVIEN OP MATERINGS BY TRE EXECUTIVE DIRECTOR

(A) RELEASE DE dI ASSASSINATION MATERIALE TO TAS

EXECUTIVS DIRECIOS - . Each Executive agency, Incliding the

National Archives, snail sake available to the Executive

Director all assassination saterials, as defined in section

3, in its possession, including but not llaited to, in the

case of the Nationa: Archives, the

records of the warren

commission, the House Committee, and the senate commition.

where the agency is uncertain. if a record is assassination

naterial, it shaii take that record available to the

Execurive Directos. The Executive Director shall have the

authosily and responsibility, where circusstances warrant, to

jugulos of any Executive agency as to the existence of

mind: sacsids that zay be assassination saterials beyond

sose made availasle by chat agency, to obtain access to such

records, and to recommend that the Review Board subpoena such

records in the event of derial of such access.

(3) EXECURIVE DIRECIOR RESPONSIBILITY-. The.

Executive Disestor shall have responsibility for

reviewing all records that are made available by

Executive agencies, including she Nacional Archives,

pursuant io subsection 7ía).

¡E CONSULTATIDN SY EXECUTIVE DIRECTOR - . he

Executive Director may consult with the originating body

for acrice and inforiation in reaching a decision "itt.

respect

the disclosüre on nondisclosure of

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## Page 92

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assassination materials.

(d) PRESUMPTICN FOR RELEASE.- In the absence of clear

and convircing evidence that an assassination naterial

or particular information di thia an assassination

material falls within the exemptions established in

section 6 of this Joint Resolution, the Executivo

Director shall direct that the assassination material or

particular Information be released puisuant to

subsection 7(e)(1).

(e) EXECUTIVE DIRECTOR DECISION -- Afta: -eview of each

record, the Executive Director shall, es soon as

practicable after the date of enactment of this joint

Resolution, either --

(1) notify the originating body or bodies that the

record is assassinacior material that is appropriate for

release in its entirety pursuant to the standards

established in this Joint Resolution. In such event,

the Executive Director shall transuit the record to the

Archivist and the Archivist shall make the record

available for inspection and appropriate copying by the

public, unless within 30 calendar days of notification

an originating body files a notica of sppeal with the

Review

Board. PROVIDED that any record that, in the

judgnent of the Executive Director, arguably falls

wichin subsection 612!, shall automatically be referred

to the Review Board pursuant to subsection 7(e) (2)(D);

-14-

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12) refer the record to the Review Board,

accoupanied by a written determination, indicating ons

of the following:

(a) that, in the Executive Directos's

judgment, the record is not assassination

material;

(8) that, in the Executive Director's

judgment, the record is assassination material.

that qualifies for postponement of disclosure

under section 6 or contains particular

Information that qualifies for postponement of

disclosure under section 6:

iC) that full Review Board investigation

-

and/or Review Board judguent appears

appropriate for a determination as to whether

the record or particular inforcation in the

record qualifies for postponesent of disclosure

under sec. 6 and. thus that this determination

shall be vested in the Revlew Board rather than

the Executive Disector; or

(D) that, in the Executive Director's

judgment, the record arguably falls within

subsection 612) and thus that the determination

as to whether the record cualifies for

postponement of disclosure shall be vested in

the

Review

Board rather than the Executive-

Director.

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SEC. 8. DETERMINATIONS BY THE REVIER BOARD.

(a) APPEALS AND REFERRAIS - The Review Board chall

review and apply the standards for release set forth in this

joint resolution to

(1) all records that are the subject of appeals

pursuant to sec. 7(e) (1); and

(2) all records referred to the Review Board by the

- Executive Director pursuant to Sec. 710)(2).

(b) PRESUMPTION FOR RELEASE. - In the absence of

clear and convincing evidence that an assassination

naterial or particular irformation within an

assassination material falls withia the exemptions

established

in section 6 of this Joint Resolution, the

Board shall direct that the assassination material or

particular information be released pursuant to

subsection 8(h).

ic) POWERS. -. The Review Board shall have authority

to hold hearings, administer oaths, and subpoena

witnesses and

documents, and its subpoenas say be

enforced in any appropriate federal court by the

Departient of justice acting pursuant to a lawful

request of the Review Board.

(a) ADDITIONAL MATERIALS. - The Review Board shall

have the authority and responsibility, where

circuastances warrant, to inquire of any Executive

agency as to the existence of further records that may

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--

-

ba assassination materials beyond those cade available

by that agency, to obtain ascass to süch recorda, and to

use its subpoend power in support of this authority.

¡e: HITNESS IMMUNITY. - The Review Board shall be _

considered an agency of the United states for purposes

of section 6001 of title 18, United States Code.

({) REVIEW BOARD DETERMINATIONS -- After review of

each record, the Review Board shall determine whether

such secord is assassination material, and, if so,

whether such assassinacion material, or pasticular

inforzation in the assassination material, quallfied for

postponement of disclosure pursuant to section 6. Aby

reasonably segregable particulas information in an

ascassiñation material shall le considered for release

aite: deietion. of information in that assassination

material that qualifies for postponement of disclosure.

Nhese an entire assassination naterial qualifies sor

postponement of disclosure pursuant to section e, the

Board nay, after consultation with the orginatiag body

and if corsistent with and to the extent consistent with

section é, create and prepare fos release a surmasy of

the assassinecien material in order to provide for the

fullest disclosura foasible. Where particular

information in an assassiration material gualifies for

postponement of disclosüre

fursuänt to section 5, the

Board may, after consultation wich the originating body

and it consistent with and to the extent consistent with

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section 6, create and prepare for relaase appropriate

substitutions fo: that information 1n order to provide

for the fullest disclosure feasible.

15) DECISIONS TO POSTPONE -- Where the soard

deternines that a record is not assassination laterial,

or that a record, or particular information in the

record, qualifies for postponement of disclosure

pursiant to section 6, the board shall transmit to the

originating body written notice of such determination,

together with a copy of the record at issue, and, if the

originating body 1s an Executive agency, a copy of such

notice and of the record shall be transmitted to the

appropriate committee of the House of Repiesentatives

and the select cosmitzee on Intelligence of the senate.

such notice shall contain a statenent of the reason or

reaseno for the Board's decision.

Any decision of the

Board that a record is not assassination material, or

that disclosure of a record or particuiar information in

a record should be postponed pursuant to section 6,

shall not be subject to judicial revier.

(h) DECISIONS TO RELEASE

_(2) NON-EXECUTIVE AGENCY MATERIAL = In the case of

records for which the originating body is the darren

Consission, the House Committee, ci the Senate

Conmittee, where the review Board determines that a

record is assassination material, and that a record,

particuiar infornation in à record, a summary of a

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record, or a substitution for particular inforaation 1n

a secord is appropriate for release pursuant to this

Joint Resolution, the Review Board shall transmit the

record, particular information, summary, or substitution

to the Archivist, and the Archivist shall make such

record, particular infornation, summary, or substitution

available for inspection and copying by the public. The

Review Board's decision to release shall not be subject

review by the president of any other entity of the -

Governient and shall not be subject to judicial review.

(2) EXECUTIVE AGENCY MATERIAL -- In the case of

records for which the originating body 1s an Executive

agency, excluding the warren Conmission, where the

Review Board determines that a record, particular

information in a record, a sunnary of a record, cs a

substitution fos particular information in a record is

appropriate for release pursuant to this Joint

resolution, the review Board shall transmit to the.

originating body written notice of its determination.

In such event, the Review Board shall transuit the

record, particular information, sunnary, of subetituto

to the Archivist, and the Archivist shall nake such

material available for inspection and appropriate

copying by the public, unless, within 60 calenda: days

of the date on which the Board has notified the

originating body, che President has certified to the

Review Board and the Archivist that the material

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14-0111000

qualifies for postponement of disciosure pursuant to

section 6, in which case release of the material shall

be postponed, and this decision shall not be cubject to

judiciai review. The president shall not delogate this

authorlty to any other official or entity.

(i) PRESIDENTIAL NOTICE TO CONGRESSIONAL COMMITTEES

-- Whenever the President sakes a certification pursuant

to subsection 6(h) (2), the President shall submit to tbe

appropriate cosmittee of the douse of Representatives

and the Select Comnittee on Intelligence of the Senate a

written statement setting forth, the reason of reasons

•for superseding the Board's determination and a complete

copy of the caterial at issue.

(j) BOARD NOTICE TO PUBLIC - EVerY S0 calendar

days, beginning 60 calendar days after the date on which

the Review Board first postpones salease of any

assassination naterial pursuant to section 81g), the

Board shall nake available for pubile Inspection and

copying a notice of all such persponenents determined

ove: the 50-day period, including a description of the

size and nature of each assassination matasial concarred

and the ground or grounds for postponement.

(K: PRESIDENTIAL NOTICE TO PUBLIC -- In any case in

which a determination of the board to release

- -

assassination materlal is superseded by the President-

pursuant to this subsection, the President shall within

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10 calerdar days publish in the rederal sogister notice

of such action, Including a description of the sizo and

nature of the assassination material concested and the

ground or grounds for postponement.

(1) IMMUNITY FROM SUIT. - No person shall have a

cause of action against members, exployees or detaileas

of the Revlew Board arising out of any action or failure

to act with regard to assassination material under this

Joint resolution.

(DI RULES OF THE HOUSE OF REPRESENTATIVES AND

SENATE - . That portion of subsection 8(h) 11) that

permits the Review Board to release materials for which

the originating body is the House Commitee or the

Senate Conmittee without the concurrence or approval of

any congressional body is enaciod by the Congress -

(1) as an exercise of the rulemaking power of the

House of Representatives and the Senate, respectively,

ard as such is deemed a part of the rules of each mouse,

respectively, and such procedures supersede othes rules

only to the extent that they are inconsistent with such

other rules; and

i3i with the full recognition of the constitutional

right os either ñouse to charga the rules lso far as

relating to the procedures of that house) at any time,

in the same manner, and to the same exient as any ocher

rula of that House.

SEC. 9 -- MARKING AND REVIEM OF MATERIALS THE DISELOSURS OF

-

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## Page 100

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WHICH IS POSTPONED --

(a) MARKING -- With respect to each assassination.

natesial or particular infornation la assassination naterial

the disclosure of which is postpored pursuart to seciion s,

or for which only substitutions or summaries have been

released to the public pursuant to subsection 8(h), the

Review Board shall append to the material (1) all records of

proceedings conducted pursuant to this joint Resolution and

relating to the naterial and (2) a statement of the Review

Board designating, based on a review of the piocsedings and

in conformity with the decisions reflected therein, a

specified time at which or a specified oscurrenca foilowing

which the saterial nay appropriately be reconsidered for

release pursuant to the standards established in this Joint

Resolution. The Reviaw Board shall then transfes the

material and appendices to the Archivist for placement in the

Archives under seal.

(bi REVIEN - The sealed assassination materia!s

transferrad by the Review Board pursuant to this section

shall remal: subject to the standards for release established

by this Joint Resointion. It shall be the continuing duty of

the nichivist to revlaw tna sealed ascassination matarials

and

the docusents appanded thereto pursuant to this section

and to rasubmit assassination materials to the review Board.

if it is suiil in existence, or to the originating body, if

-.=

the Raview soard has been abolished, whenever it appears to

the Archivist that review nay be apprcoriate.

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SEC. 10. DISCLOSURE OF OTEER MATERIALS AND ADDITIONAL STUDY.

(a) MATERIALS UNDER SEAL OF COURT. - il) The Review Beard

may request the regartent of Justice to petition, or through

its own counsel petition, any court in the United States or

abroad to reloase any information relevant to the

assassination of President john f. Kennedy that is held under

seal of the court.

12) 84) The Review Board day request the Attorney general

to petition, or through its own counsel petition, any court

in the Undied States to release any information relevant to

the assassination of President John F. Rennedy that is held

under the injunction of secrecy of a grand jury.

(8) A request for disclosure of assassination cateriais

under this Joint Resclution shall be deemed to constitute a

showing of paiticularized need under Rule 6 of the federal

Rules of Criminal Procedure.

(D). AUTOPSY MATERIALS - The ReView Board shall,

pursuant to the terms of the applicable deed of gift, seek

secess to the subopsy phorographo and x-rays donated to the

National Archives by the kennedy family under the deed of

gift. The Reilew Board shall, as soon as practicaole, subalt

to the appropriate cosmittee of the House and the select

Committee on Intelligence of the senate a report on the

status of these naterials and on access to these cateriais by

individuals consistent with the deed of gift.

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(C) SENSE OF CONGRESS. - It is the Berse of Congress

that-

11) The Attorney Gereral should assis! the Review

Board in good faith to unseal any records that the

Review Board determines to be relevant and held under

seal by a court of under the injunction of sacrecy of a

grand jury;

(2) The Secretary of State should contact the

Government of the Republie of Russia and seck the

disclosure of all records of the goverament of the

forner soviet

Union, including the recerds of the

Romitet Gosudarsevennoy Bezopasnosti (XGB) and the

Glavnoye Razvedyvacelnoye Upravleniye (GRU), relevant to.

the assassination of president sennedy, and contact any

other foreigr. government that day hold information

relevant to the assassination of resident Kennedy and

seek disclosure of such information; and

(3) ail Executive agencies should cooperate in full

with the Review Board to seek the disclosure of all

Information relevant to the assassination of Presideat

John F. Rennedy consistent with the public interost..

SEC. 11. RULES DE CONSTRUCTION.

(a) PRECEDENCE OVER OTHES LAW. - !1! where this joint

Pesolution requises release of a record, it shall take

precedence over any other law, judicial decision coastruing

!

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## Page 103

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such law, or comson law doctiine that would otherwise

prohibit such release.

(D) FRESICY OF INFORMATION ACT. - Nothing in this joint

Resolution shail be construed to eliminate or linit any right

to file reguests with any Executive agency other than the

Review Board or seek judicial review of the decisions of such

agencies pursuant to section 552 of title 5, United States

code.

(6) EXISTING AUTHORITY. - Nothing. in this Joint

Resolution revokes or liaits the existing authority of the

President, any Executive agency, the Senate, or the jouse of

Representatives, or any other entity of the Government io

release records in its possession.

SEC. 12. TENMINATION OF EFTECT OF JOINT RESOLUTION.

The provisions of this Joint Resolution which pertain to

the appointent and operation of the Review Board shall cease

to be effective when the Review Board and the terns of 1t6

members have terminated pursuant to subsection 5(1). The

remaining provisions of this Joint

Resolution shall continue

in effect until such time as the Archivist certifies to the

president and the Congress that all assassination materials

have been made available to the public in accordance with

this Joint Resolution.

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SSC. 13. AUTHORIZATION OF APPROPRIATIONS.

(a) IN GENERAL. - There are authorized to be approprlated

such sums as are necessary to carry out this Joint

Resolution, to senain

argilable until expended.

(5) INTERIM FUNDING. - Until such time as funds are.

appropriated pursuant to subsection lal, the aresident may

use such suns as are available for discretionary use to carry

out this joint Resolution.

SEC. 14. SEVERABILITY.

If any provision of this Joint Resolution on the

application thereof to any person or circumstance is held

invalid, the renainder of this Joint resolution and the

application of that provision to other persons not similarly

situated or to other circumstances shall not be affactad by

the invalidation.

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Central intelligence Agency

DRAFT

Washington D C 20505

CIA SPECIAL COLLECTIONS

RELEASE IN FULL

2000

----

13 April 1992

Mr.

Bernard H. Martin

Assistant Director for

Legislative Reference

Office of Management and Budget

Washington, D.C.

20503

Dear Mr. Martin:

This is in

response to your request for the views of the

Central Intelligence Agency on Senate Joint Resolution 282, the

"Assassination Materials Disclosure Act of 1992", and the

corresponding House Joint Resolution 454 ("the resolutions").

The Central Intelligence Agency fully supports the

fundamental premise underlying this legislation--that efforts

should be made to declassify and make available to the public

as expeditiously as possible government documents relating to

the assassination of President Kennedy. In fact, the Director

of Central Intelligence (DCI) has recently established and

new unit within CIA responsible for review and

declassification of documents of historical interest, including

the JFK-related files, as part of the Agency's program of

However, several provisions of the

resolutions raise serious concerns, as outlined below, and CIA

cannot support them as currently drafted. Our comments will

focus upon specific CIA concerns; many general issues raised by

the resolutions are better addressed by the white House or the

Department of Justice.

Initially, the resolutions are focussed on "records" rather

chan the information contained in them.

We are concerned that

the Agency would not have the opportunity to object to release

of CIA information contained in documents originated by

Congress or the Warren Commission.

Under the resolutions,

documents originated by these entities can be released by the

Executive Director of the Assassination Materials Review Board

without any review by the President or other Executive Branch

agencies. Similarly, there is no mechanism that would allow

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## Page 106

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Letter to Mr. Bernard H. Martin

the Agency to object to release of its information contained in

locuments originated by other agencies or departments.

resolutions should provide that the agencies which originate

information

have the opportunity to review that information

prior to its release. Otherwise, an anomalous situation could

be created in which documents originated by the Executive

Branch would be withheld while documents originated by Congress

containing the same Executive branch information would be

released.

The

resolutions' broad definition of assassination

material is also troublesome.

The resolutions define

"assassination material" as a

record that relates "in any

manner or degree to the assassination.*

This unbounded

definition could cover a range of material beyond that which

has been traditionally associated with the JFK assassination.

This broad definition, coupled with the Review Board's powers

to request additional

information from Executive agencies, and

the fact that the Board makes the determination of what is

assassination material, could lead to a new investigation of

the assassination, rather than review of existing files for

declassification purposes.

an inquiry could well stray

into sensitive areas that

are unrelated to the assassination.

The question of proper scope of the Review Board's charter

s a difficult one, and we do not mean tob suggest

that

•easonable requests for materials shouldndenied simoly because

they were not made by a previous Presidential Commission or

Congressional Committee.

However, there should be a provision

whereby Board

requests

for additional materials that an

believes are unrelated to the assassination could be

agency

appealed--perhaps to the President.

resolutions contain no provision requiring security

clearances or secure document handling by the Assassination

Materials Review Board or its Executive Director/staff

elements.

Absent security procedures and facilities that met

Executive

branch standards, agencies would be unable to provide

classified assassination materials to the new body or its staff.

The resolutions provide a 30 day period for appealing

decisions by the Executive Director to release information.

This may not provide sufficient time for meaningful review

what could prove to be large volumes of material at one

time--particularly where some documents may require

coordination with other agencies.

We suggest that the

2

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Letter to MI. Bernard H. Martin

resolutions be amended to provide that agencies may file for an

automatic 30 day extension to consider whether an appeal is

necessary

before material is publicly disclosed.

We believe that the Executive Director of the Review Board

• should

have substantive expertise with respect to protection of

intelligence or law enforcement information readily available

so that the initial decisions on whether to release documents

are made on an informed basis.

Under the resolutions, neither

Board members nor the Executive Director may be government

employees or have any background in the assassination.

investigations.

Because of this

restriction, these individuals

are unlikely to have any familiarity with the documents at

issue and may well have no expertise in intelligence or law

enforcement equities.

While the Executive Director may request

detailees from Executive agencies and may consult with

originating agencies, there is no requirement that he do so.

An Executive branch agency with knowledge of the information at

stake and potential harms (or lack thereof) likely to result

from release of the information may have no involvement in the

process until after an initial determination has been made to

disclose the information.

Requiring that the staff informally

consult with agencies originating the information or mandating

detailees from the affected agencies (within reasonable

limits--particularly if details are to be nonreimbursable)

would ensure that relevant expertise is brought to bear as part

of the initial decision-making process.

The Board's broad powers to subpoena witnesses and

documents and hold hearings under the resolutions could

conflict with the DCI's statutory duty to protect sensitive

intelligence sources and methods from unauthorized disclosure.

We believe the Board should be required to consult with the DCI

on issues like whether a hearing should be closed, or whether a

subpoena could be narrowed, if intelligence equities are

involved. Disagreements could be appealed to the President.

Section 6 of the resolutions, which outlines the grounds

for postponement of public release of a document, may not be

adequate to protect Agency interests in certain respects. For

example there is no provision for postponing release of

Executive privilege/deliberative

process, attorney-client, or

attorney work-product information.

privileges could

always be waived in the public interest,

but as the resolutions

are currently drafted, they would be wholly unavailable.

3

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Letter to MI. Bernard H. Martin

While such privileges are not likely to arise with respect to

factual information directly related to the JFK assassination,

they could well arise with respect to other documents swept up

in the resolutions' broad definition of assassination

materials.

We also believe that "intelligence agent" under

section 6(1)(A) of the resolutions should be defined with

reference to the Intelligence Identities Protection Act so as

to protect the identity of covert employees of the Agency.

The Congressional oversight mechanism established for Board

activities also may conflict with the existing rules for

oversight of intelligence activities.

The resolutions provide

for congressional oversight of the Review Board and its

activities by the "appropriate" House committee and the SSCI,

although we have reason to believe that the resolutions may be

amended to remove the SSCI from oversight responsibilities.

Under the resolutions, the committees would obtain copies of

all material that were not released. Thus, the resolutions are

likely to involve non-intelligence oversight committees in the

review of sensitive CIA information that would not be released

to the public.

Congress enacted the Intelligence Oversight Act

of 1980 in part to reduce the number of congressional

committees with access to sensitive CIA information.

Expanding

the number of committees with access to our information would

be of concern, especially if the Review Board seeks new

documents minimally-related to the assassination.

Finally, each resolution specifically provides that it does

not

affect FOIA actions.

We would suggest that the resolution

explicitly stay responses to FOIA requests related to

assassination materials while the Review Board is conducting

its business.

The resolutions clearly have a more liberal

standards for public disclosure of information than does the

FOIA, and the public is likely to get assassination materials

more expeditiously if agencies are permitted to focus their

resources on supporting the work of the Review Board.

We

appreciate the opportunity to comment on the

assassination materials resolutions.

Please contact

Vicki Pepper of my staff

at (703) 482-6126 with

questions or comments

concerning the Agency's position

on these resolutions.

Sincerely,

Stanley M. Moskowitz

Director of Congressional Affairs

4

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(

AGENCY,

INTELLIGENCE

CENTRAL INTELLIGENCE AGENCY

WASHINGTON, D.C. 20505

Gary E. Foster

Director

Public and Agency Information

(703) 482-7778

CIA SPECIAL COLLECTIONS

RELEASE IN FULL

2000

13 May 1992

DCI TESTIMONY AT JFK ASSASSINATION HEARING

The DCI testified yesterday at a Senate Governmental

Affairs Committee

hearing on the Assassination Materials

Disclosure Act of 1992.

This is a joint resolution sponsored

by Senator David Boren and aimed at providing a comprehensive

process ultimately leading to the release of all materials

held by the United States Government regarding the

assassination of President John F. Kennedy.

The DCI will

essentially repeat this testimony on 15 May for a similar

joint resolution sponsored in the House of Representatives

by Congressman Louis Stokes.

Perhaps no public event in our lifetime has had the

impact of the murder of President Kennedy. We have all heard

reckless accusations against the Agency in connection with

that terrible event, and we all have an interest in an

accurate history of it.

For that reason we are circulating

the full text of the DCI's testimony.

At the end of the attached text, you will also find a

reply by the DCI during the ensuing question-and-answer

period when Senator William Cohen asked about the

jeopardy

that might be caused by revealing the identity of

a source

so long after

the fact or even if the source were

deceased.

samsita

Attachments

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STATEMENT OF

ROBERT M. GATES

DIRECTOR OF CENTRAL INTELLIGENCE

BEFORE THE COMMITTEE ON

GOVERNMENTAL AFFAIRS

UNITED STATES SENATE

12 May 1992

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## Page 111

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Mr. Chairman, I am here today at your request to provide my views on

Senate Joint Resolution 282, "The Assassination Materials Disclosure Act of

1992," and to describe the nature of documents held by the CIA that relate to the

assassination of John F. Kennedy. I very much appreciate the opportunity to

speak on this important matter.

Let me begin by stating that I am in complete agreement with the purpose

underlying the joint resolution- that efforts should be made to declassify and

make available to the public as quickly as possible government documents

relating to the assassination of John F. Kennedy. We hope that opening up and

giving journalists, historians and, most importantly, the public access to

governmental files will help to resolve questions that still linger over 28 years

after the assassination. Further, I believe that maximum disclosure will discredit

the theory that CIA had anything to do with the murder of John F. Kennedy.

Even before introduction of this joint resolution, I recognized the need for

greater public access to CIA documents of historical importance. Two months

ago, I announced the establishment of a new unit within CIA that will be

responsible for declassifying as many historical documents as possible consistent

with the protection of intelligence sources and methods. This new unit, the

Historical Review Group, in the Agency's Center for the Study of Intelligence,

will review for declassification documents 30 years old or older, and national

intelligence estimates on the former Soviet Union that are 10 years old or older.

In addition to the systematic review of 30-year-old documents, I have directed

the History Staff in the Center for the Study of Intelligence to assemble CLA

records focusing on particular events of historical importance, including the

assassination of President Kennedy. The Historical Review Group will then

examine the documents for the purpose of declassifying the records.

Because of high interest in the JFK papers, I am not waiting for legislation

or other agencies to start declassifying documents belonging to CIA. The

Historical Review Group, at my direction, already has begun its review of the

documents related to the assassination of President Kennedy, and 1 am glad to

report that the first group of these records, including all CIA documents on Lee

Harvey Oswald prior to the assassination, has been declassified with quite

minimal deletions and is being transferred to the National Archives for release to

the public. This is, I acknowledge, a small fraction of what we have, but it is an

earnest of my commitment to begin review for declassification immediately of

this material. And, indeed, as I speak, the reviewers are going through a

substantial number of documents, and I anticipate that many of these will be

released shortly.

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## Page 112

As we carry out our program to declassify Kennedy assassination documents,

our goal will be to release as many documents as possible. In fact, I recently

approved new CIA declassification guidelines for our Historical Review Program

which specifically direct a presumption in favor of declassification. I believe we

can be very forward leaning in making these documents available to the public,

and I have instructed the Historical Review Group to take this attitude to heart.

To understand the magnitude of the effort involved in reviewing these

documents for declassification, it is important to place them in some context. The

CIA's collection of documents related to the assassination of President Kennedy

consists of approximately 250,000-300,000 pages of material. This includes 64

boxes of copies and originals of information provided to the Warren Commission

and the House Select Committee on Assassinations and 17 boxes of material on

Lee Harvey Oswald accumulated after President Kennedy's assassination.

Unfortunately, and for reasons I do not know, what we are dealing with is a mass

of material that is not indexed, is uncatalogued, and is highly disorganized-all

of which makes the review process more difficult. The material contains

everything from the most sensitive intelligence sources to the most mundane

news clippings.

These records include documents that CIA had in its files before the

assassination, a large number of records that CIA received later as routine

disseminations from other agencies, as well as the reports, correspondence, and

other papers that CIA prepared in the course of the assassination investigations. I

should emphasize that these records were assembled into the present collection as

a result of specific inquiries received from the Warren Commission or the House

Select Committee on Assassinations. I have prepared a chart that illustrates this

point.

As you can see, prior to President Kennedy's assassination CIA held only a

small file on Lee Harvey Oswald that consisted of 33 documents (approximately

110 pages), some of which originated with the FBI, State Department, the Navy,

and newspaper clippings. Only 11 documents originated with the CIA. I have

brought along a copy of Oswald's file as it existed before the assassination so

that you can see first-hand how slender it was at the time. As I have already

noted, we have declassified the CIA documents in this file with quite minimal

deletions, and we are providing them to the National Archives. The records in

this file dealt with Oswald's defection to the Soviet Union in 1959 and his

activities after his return in 1962. By contrast, it was only after the assassination

that CIA accumulated the rest of the material on Oswald-some 33,000 pages—

most of which CIA received from other agencies after November 22, 1963.

2

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You have asked about documents in our possession generated by other

agencies. In fact, much of the material held by CIA originated with other

agencies or departments. For example, in the 17 boxes of Oswald records,

approximately 40% of the documents originated with the FBI, and about 20%

originated from the State Department or elsewhere. Our staff is still going

through the material compiled at the request of the Warren Commission and the

House Select Committee on Assassinations, which includes 63 boxes of paper

records and one box that contains 73 reels of microfilm. The microfilms in part

overlap material in other parts of the collection. We estimate that within the 63

boxes of paper records, approximately 27% of the documents originated with a

variety of other U.S. government agencies, private organizations, and foreign and

American press.

Although our holdings do include many documents from other agencies, we

nonetheless have a substantial collection of CIA documents that will require a

considerable effort to review and, as I said earlier, at my direction, this review

for declassification is now underway. A preliminary survey of these files has

provided us some indications of what they contain. Although the records cover a

wide variety of topics, they principally focus on CIA activities concerning Cuba

and Castro, Oswald's defection to the Soviet Union, and Oswald's subsequent

activities in Mexico City and New Orleans. They also include a large number of

name traces requested by the staff of the House Select Committee on

Assassinations, as well as material relating to the Garrison investigation and

Cuban exile activities.

The CIA cannot release a number of documents unilaterally because of the

limits in the Privacy Act (which protects the names of American citizens against

unauthorized disclosure), the sequestration of many documents by the House

Select Committee on Assassinations, and the fact that many of the documents

belong to agencies other than the CIA. However, we have already taken the

necessary steps to lift the sequestration, coordinate with other agencies and begin

the process of declassification. If necessary, I will ask the House for a resolution

permitting CIA to release the results of the declassification effort on the

sequestered documents.

While I expect a large amount of material can be declassified under our

program, I assume that there still will be information that cannot be released to

the public for a variety of reasons, including privacy concerns or the exposure of

intelligence sources and methods. Let me take a moment to give examples of this

type of material. During the investigation by the House Select Committee on

Assassinations, I understand that security and personnel files were requested on a

number of Agency employees. These files contain fitness reports (performance

evaluations), medical evaluations and credit checks on individual CIA officers.

3

---

## Page 114

14-00000

Although irrelevant to the question of who killed President Kennedy, these and

other personal documents ultimately ended up in the sequestered collection of

documents. I do not believe that the benefit to the public of disclosure of this

information outweighs the clear privacy interest of the individuals in keeping this

information confidential. Similar privacy concerns exist with documents

containing derogatory information on particular individuals where the

information is based on gossip or rumor. Our files also contain names of

individuals who provided us intelligence information on a promise of

confidentiality. We would not disclose their names in breach of such a promise.

Where we cannot disclose such information to the public, the Agency will make

redactions and summarize the information in order to ensure that the maximum

amount of information is released while still protecting the identity of an agent or

the privacy of an individual.

If legislation is not passed by Congress and signed by the President

regarding the JFK papers, to enhance public confidence and provide reassurance

that CIA has not held back any information relevant to the assassination, I will

appoint a panel of distinguished Americans from outside of government to

examine whatever documents we have redacted or kept classified. They would

then issue an unclassified public report on their findings.

The effort required to declassify the documents related to the assassination of

President Kennedy will be daunting. However, it is an important program, and I

am personally committed to making it work. Even in this time of diminishing

resources within the Intelligence Community, I have directed the allocation of 15

full-time positions to expand the History Staff and to form the Historical Review

Group that will review the JFK documents and other documents of historical

interest.

I believe these actions attest to the seriousness of our intent to get these

papers declassified and released, and to open what remains classified to outside,

non-governmental review. It is against this background that, in response to this

Committee's request, I cite our technical reservations about the mechanism

established by the joint resolution to achieve this same result. I intend to address

only Intelligence Community concerns; I will defer to the Department of Justice

on any additional problems posed by the joint resolution.

First, vesting in an outside body the determination as to whether CIA

materials related to the assassination can be released to the public is inconsistent

with my statutory responsibility to protect intelligence sources and methods.

Second, I am concerned that the joint resolution contains no provision

requiring security clearances or secure document handling by the Assassination

Materials Review Board or its staff.

4

---

## Page 115

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Third, I am concerned that the joint resolution does not provide the Agency

with the opportunity to object to the release of CIA information contained in

documents originated by Congress or the Warren Commission. Under the joint

resolution, documents originated by these entities can be released directly by the

Executive Director of the Assassination Materials Review Board without any

review by the President or other Executive Branch agencies.

Fourth, the joint resolution provision for a 30-day period for agencies or

departments to appeal decisions by the Executive Director to release information

may not provide sufficient time for meaningful review of what could prove to be

a large volume of material at one time.

Fifth and finally, section 6 of the joint resolution, which outlines the grounds

for postponement of public release of a document, makes no provision for

postponing release of documents that may contain Executive privilege or

deliberative process, attorney-client, or attorney work-product information. While

such privileges could be waived in the public interest and are not likely to arise

with respect to factual information directly related to the JFK assassination, they

would be unavailable under the joint resolution in the rare case that they might

be needed

These are technical problems that I believe can be solved in ways that will,

in fact, expedite the release of documents bearing on the assassination of

President Kennedy.

But, again, whatever the future course of the legislation, CIA is proceeding

even now to review for declassification the relevant documents under its control.

Further, we will cooperate with any mechanism established by the Congress and

the President to declassify all of this material.

---

## Page 116

14-00000

Mr. Chairman, let me close with a comment on why I am personally

committed to get these documents out. Like all Americans old enough to recall

that terrible day in November 1963, as several members of the committee have

alluded to, I also remember where I was and what I was doing. I was a college

student at William and Mary. I can remember how the word spread like wildfire

between classes of that horrible event. I made my way to Washington that

weekend and stood at the intersection of Constitution and Pennsylvania Avenues

where I waited for hours to watch the president's funeral cortege. I will never

forget it.

I entered public service less than three years later, heeding President

Kennedy's inaugural call, a call I think many in my generation heard. He said

then: Now the trumpet summons us again, not as a call to bear arms, though

arms we need, not as a call to battle, though in battle we are, but as a call to bear

the burden of a long twilight struggle, year in and year out, rejoicing in hope,

patient in tribulation, a struggle against the common enemies of man-tyranny,

poverty, disease, and war itself.

Mr. Chairman, the only thing more horrifying to me than the assassination

itself is the insidious perverse notion that elements of the American government,

that my own agency, had some part in it. I am determined personally to make

public or to expose to disinterested eyes every relevant scrap of paper in CIA's

possession in the hope of helping to dispel this corrosive suspicion. With or

without legislation, I intend to proceed. I believe I owe that to his memory.

Thank you.

SENATOR COHEN: Okay. I'm going to give you a chance in a moment,

Judge Sessions. I just want to move on quickly, because we have Mr. James—1

think, Lazar-who's going to be testifying shortly and I will not be here for that

either. But he questions the issue of intelligence sources, that the bill provides

that disclosure can be postponed if the release of that information would reveal

an intelligence asset. And Mr. Lazar suggests that number one, that should apply

only if that particular agent is living; and then secondly, even if living, that the

burden would be upon the agency to present by clear and convincing evidence,

that disclosures of the identity of that particular agent would in fact present a

danger to him or to his family, I assume, or serious damage could result from the

disclosure of his identity.

Could you, number one, give us some instance in which disclosure of a

deceased intelligence agent or asset would be contrary to our national security

interests? And then secondly, address the issue of clear and convincing evidence

that the agent being alive, that he might be jeopardized by that disclosure?

---

## Page 117

14-00000

GATES: At the root of effective intelligence work is our ability to deal with

people who are willing to provide us with information and to assure them of

confidentiality and that their identity will be protected. The Congress has

recognized that. The Congress has even recognized the importance of protecting

the covert identities of American case officers dealing with such foreign agents.

I believe that we have an obligation to protect the confidentiality of our

sources, regardless of the amount of time that has passed. And I believe that if

the agent is deceased, that we also have to take into account the potential

considerations for that agent's family. There are many countries in the world

today, in which despite whatever political changes have taken place, families of

those who have defected or who have proven to be agents or who are revealed to

have been agents are persecuted or mal-treated or where their life becomes much

more difficult, and I think we have an obligation to these people.

I think you—I think we are not in a position of saying "never." But I think

that any decision with respect to revealing the identity of a source or an agent,

even 20 or 30 years after the information was reported is one that has to be taken

with enormous care and deliberation, one that must involve knowledge of the

particular circumstances involved, both at the time the information was received

and the circumstances of the agent and his family.

In short, so important is the ability to protect the confidentiality of sources

that a decision to reveal that identity would have to be the result of the most

careful consideration.

---

## Page 118

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-

CIA SPECIAL COLLECTIONS

RELEASE AS SANITIZED

-.

OCA 3097-92

5 October

1992

MEMORANDUM FOR: Director, CSI

Chief/LIT/OGC

FROM:

David M. Zinn

Legislation Division

Office of Congressional Affairs

SUBJECT:

Congress Passes JFK Bill

Congress on 30 September passed the Senate version of

the President John F. Kennedy Assassination Records

Collection Act of 1992, calling for the public disclosure of

government documents related to the assassination of

President Kennedy. The key features of the bill are as

follows:

• The bill requires government agencies, including CIA,

to transmit their respective JFK assassination records

to the National Archives for public disclosure within

300 days of enactment of the bill unless the records

qualify for "postponement." Government offices that

hold JFK assassination records created by another

office should transmit those records to the originating

office rather than to the Archives.

• Disclosure of an assassination record may be postponed

for various reasons, including, where there is clear

and convincina evidence that disclosure would identify:

(a) an intelligence agent whose identity currently

requires protection;

(b) an intelligence source or method which is

currently utilized or reasonably expected to be

utilized by the USG;" or

(c) a confidential USG source who would face a

substantial risk of harm if exposed.

In many cases, postponement is justified only if the

potential harm to national security also outweighs the

public interest in disclosure.

---

## Page 119

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SUBJECT:

Congress Passes

JFK Bill

• The bill creates a Review Board--composed of 5

Individuals appointed by the President with the advic

and consent of the Senate--to review agency decision;

Hostpoor t out de dad available ve the board.

within 300 days of enactment of the legislation.

the Board agrees with an agency's determination to

postpone disclosure, the records will be forwarded to a

protected collection at the Archives.

The bill authorizes the President to override. a Review

Board decision that executive branch records must be

publicly disclosed.

The Administration has expressed its support for the

bill, and the President is expected to sign it into law.

copy of the bill is attached to this memorandum.

8т. з-

David M. Zinn

Attachment

, 10-70

2

---

## Page 120

| 4-00000

SUBJECT:

Congress

Passes JFK Bill

OCA/ LEG/DZinn: gh/x37913

Distribution:

Original - Addressees

1 - PMG/IMS (Croce)

1

John Pereira

1

ER

-

D/OCA

-

DD /OCA

OCA

1

1

LEG Subject File

LEG Signer File

• 1 - Soft File

(5 October 1992) (OCA 3097-92)

3

---

## Page 121

4-00000

September 30, 1992

CONGRESSIONAL RECORD — HOUSE

H 9913

President signs this bill, the files will be open,

first of the year, when this issue rasurlaced in

The Clerk read the Senato bill as fol-

and logether as a Nation we can move for- the publio aye, countess hours have been de

lows:

ward.

voled to hearings, mostings, and negotiations

I would like to commend my colleagues on

by Members of Congress, stall and Federal

their efforts on behall of this bill. in particular, agancies. This is not to mention the numerous

Mr. HORTON, MR. STOKES, AND MR. BAOOKS all

obstacles that we had to overcome. My office

desarve racognition for their hard work to

alone has handled over 3,000 letters and at

make sure this bill becomes law.

various times been totally inundated with tole

• Mh. STOKES. Mr. Speaker, I rise in strong

phone cals on this tesus. Who would have

8. 5006

Be it enacted by the Senate and House of Rep

resentatives of the Unlled States Of. America ir

Congress assembled.

SECTION L BEORT ITTLE

This Act may be citod as the "Prosident

John F. Konnedy Assassination Rocords Col-

support of Senate Resolution 3008, the Assas.

imagined that, after nearty 30 years, one issue

sination Materials Disclosures Act of 1992, the

coutd continue to generate so much com

conterence report on legislation I Introducad

troversy and demand so much time and al-

(A) FINDINGS AND DECLARATIONS. - ThO COn-

aartier this year to expodite release of files

fort? These sentiments have been schoed by

fross flads and doclares that

pertaining to the assassination o President

numerous individuals who have been invotved..

(1) all Goraramant recorde raletad to the

John. F.. Kennody. We would not bo here

in the deliberations of this maasure.

assassinetlan of President John F. Konsody

today, acting on this initiative, had it not been

for. the leadership of cartain individuals whose

And white this measure represents the out

abonid be prosarved for historical and say.

datermination to anact this bil this year has

mination of many monthe of intense debate for

aramental parposes;

(2) all rovernment records concerning the.

been steadlast. Several of my colleagues in

most of the parties invotrad, toi ma ll la te

assassination, of President. John F. Konnady

the House are deserving of spocial mention.

culmination of work that I began nearty: 16

should carry a prosumption of immodiato

First; I want to recognize the distinguished

years ago when I chaired the House Solact

disclosure, and all records abould bo oventu.:

gentleman trom Michigan and chairman of the

Committee on Assassinationa.

ally disclosed to anable the pabllo to bacome

Committee on Gonomment Operatons, JOHN

Mr. Speaker, as you know, the House Se

sally inforated bout the history surrounding

CONVERs, for the tirelesa afforts tite commition

lect Committag on Arses

iations. are

undertook in daliberating this legislation. I also

want to commend the gentleman from Texas

12-0%

erations

released

umo

report

that

de

BROOks),

the

the

forcoable; •Isdependent,

ргосесь

scord

(4)

19

53

boca

rala

i t

cal co be

ase

- (5)

e

WO l

ham 1

devoloped a good place of tastelaton: *00 so rnatra cao espedtifoda patile Lon

Mr. Speaker; I would be ramiss it I did not

targed with

the best interests of all con

arred:

los to the Archivist and pablto disclo

taka this opportunity to exprese my deep grat.

partes in

mind. The true value and mark of

rudo 80 Prof. G. Frobert Blakey of the Notre.

their logisiation is that it will open up to the

REC I DENINITIONE

Dama. University Low School, the forrask coun

ublic historic documants retabing lo

In this Act:

sel of the House Select Committes on Assas

ian. of an American Pres

dent

(1) "Archlust"" morns the Archirist of tha

alone, who warked cossly with an pa

i In thara deliberatione. Lot the i

doesed. They are on

Daited Stated,

d

10.

snow That the graciously contributed his sor

• fr in

solves the question of con

гарік.

(2) "Andestratios ricon seans à rocord

that is relatad to the assassination al Precit

plicity. Abors ad, they must ba

dont John 1: Besinody, that mas created or.

Ices pro bano.

satisfied

that. thare was no coverup by that?

mado avallablo for use by, obtaliod by, ar

I atso want to express my heartfelt apprecia

govemmant. By our sction loday ma rastore

othoruise came iato the DOssessiOn Of

ton to the statis of tha House Committee on

Goramment Operations, Committee on the

conidence in the phrase, govemment of the

(A) the Commlasion to Investigato tha As-

people, by the people, and for the people.

sassination of Presldent Jobn P. Konbody

Judiciary, Committes on Frules, the Committes

on

Mr. Speaker, the action taken by this body.

(tho "Warren Commission");

susion; ins Senato Gover

today will bring lo a close snother chapter in

(B) the Commission on Central Intolligaaco

itos, and the Sonate theat

American History, I am plessed that l was my

Arency Activitles Withlo the United Braces

committes, who along with Lesto At

(Che "Rockofoller Commissios"):

linsson,

legislation that guided our Nation in the right

(C) the Sonato Belect Committos to Stady

Larkin, and other members of

direction 30 years after the tragic assassina.

Govoramental

Operations

with Rospect to

my stah

diligently reviewed thousands of doc

tion of a great American President.

Intolligonco Activitles (tho "Church Com-

and dalty reactad a compromisa on

Mr. FISH. Mr. Spoker, I withdrew

mitcos");

important piace of legislation wa bring be

my reservation of objection.

(D) tha Bolect Committes on Intollipanos

loday.

The SPEAKER pro tomporo. Is there

(the "Plka Committoo") of tha Houso of Roo.

¡a la no small foal that l stand

objection to the roquest of the gon-

rosentatitos;

astore

• Шо

(E) the Beloct Committoo on. Assasalsa

I body in support al a measura that

I bagan to draft over o mancha apo. Sinco sho

Woman from Texas?

¡one (tho "Hones Assessinallans Commit

There was no objection.

too'") of the House of Reprosontalitos;

---

## Page 122

H9914

(In) the Library of Congress,

(Q) the Natonal Arektres and Ronerts Al.

ministration;

1) any Pnsaldonidal Mbrart.

CONGRESSIONAL RECORD - HOUSE

«attiri, os alectreato laformatias, ragast

Ise of too manitara on watch lt is stored, os

Aste socemantery mataral, repartions o

a paratal form of charrodortation.

(J) any indopandant agendy:

(K) any other office of the Federal Covera

seat; and

(Le) Ray stato or local lan caterernas of

los thas provided sapport os anilstanoe es

pesfarmaed tort in conscotton with a federal

ingulry Into tbe assassination of Presidoni

•Joan P. Kannody.

but doss not includo the entopay record do

sarod by the Kennady fully to the Macioaal

Arolitas puriant to a diad of tits reralas

ENE ABORON tO tDORO FADOrES, er DOpIES SEA FI:

promotions made tram soon recorde

(8) "Collection" MoEns tO Pr

Falls

1. Sonmody Assasstra

satablished ander esctloa 4.

(1) "Execute stency" meing

tre agancy as definod ta sat

58D 01

81:10 B, United Beates Core, and

Executive department, milit

toreranons corparationi:

trollot surperation.

In she 10900tr0 brago

jon Recards Bowier Board established do

cration 7.

September 30, 1992

of Praldont John Y. LeaDedy aral prepare

8s0jaa1on In the Collection

(3) No arapetration socord sait be do

strayed, altaral, or matlated ta any way.

(3) NO BABASSIAALON MOOTS SARDO STALLARSO

= disatarad do taa pabilo prios to ebo tass e

ensormont of this dot may be mithbabe, re

rodlassifiod.

(1) No andantos rooard enticed by e

person as entity ontalde goverandas (esolza

requiraments of sootion f) shall be withhold,

redacted, postponed for pabile dacitaara. dos

redlassifled.

1D) QUETODY OF ABSADETTATE

HIDING BEWITH - Durte to runts

(8)

agonay that artfleated. an

Focard taa8 la la sha posterlos of soothes

помногу:

JOIN P. LINODY ARZAG

MATIONAL ARCHIVES

- RECORDS ADMIREST RATION.

(2) IN GENERAL (1) Not less thea to days

antos the dato el ernetraant of this dot the

MaMosAl Areatnis and Becarts Adralaletre-

Bon shall

таков оf в o0s

taction, 08.

As the Preet.

CRET JOb?

mates Be

Joy the Borbon Board,

Coltection:

the Archiuist shall

doe shall rotais custady ol lea

susare the phystos!

integrity and Orglaal

of all rec

rde

Tho Collection

"Hity, and afficlency, ualecs

tell Costst of record

Doyles of all comera

matias of

transfer of records for parpoper

call ba: 188 an independens sid

1(1) 8ra50125.15 890

time haartag or. 06h18

0P•

ok and

taled s

condier

rhich t p

105

(0)

(D)

бові F

Contral in

Unsted Bt

Agency; and 2n5

Indopendea:

(8) "'Identifiestlon ald" monas tse

wilttei

description prepared for-each record as

quired In section 4.

"National Archipes""

the Nattons

OXIS

Archiviat

Soon for copying assassination

dontlal

arcalva!

depositories

stablisked

ander section 2112 of Wile 44,-Ualtod States

• Cod) "Oncial investigation"' monis cho ro

vlows of the assassination of President John

F. Kennedy conducted by any Presidential

commission; any authoriod congressiona!

committee, and ang Governmant agancy ol-

ther Independently, at the request of any

Presidential commission or

congressonai

committee, os at the regress of say Covera.

ment oficial.

(9) "Originating body" means the Exoca-

Elve agency, goveramant commissian, can-

Bresslonal

committas,

or

Ouser

BOVErD-

mental entity that areatad a record or pan

acular information within a record.

(10) "Pubile interest" meane the compal-

ling Interest in the prompt public disclosuro

of assassination recorda for historical and

governmental purposes and for the purposo

of tally

informing

the American

DsOple

about the history surrounding the assassing.

tion of Prosident John F. Kennody.

(11) "'Rocord"' Includos a books, DaDar, maD.

(8) IN QIHERAL -(1) AS BOOD AS prECtICable

photograpo.

astor the dolo of enactrest os this Aot, osch

chine

sound or tideo recording, ma- Government omoe shall Identity and arga-

readable material, computerisod, ulse Its racords relating to the assassination

covered

for

stponement, of pebt

nder tals Aot; an

(11) spooly on tso idantination ald so

(d) ADDITIONAL REQUIRINENTS (1) TDO

Collection aball be proservod

protoctod,

bonement pro contest seation;

(I) organtze and meto sralbabio lo tho Ro

archived, and made avallable to the pablio se

View Board all aesassination records identt

the National Archires using appropriatloas

ñad under sabparagrapa (D) tha Dabiso dis

sataortsed, apocifled, and restriotod 108 use

alorare of which in whole es ta part saay. be

andor the terras of this Act.

postponed under this iot;

•(2) The Natlasal Archives, in consultadtoa

li) organise and make avallablo to the Ro

with the information Security Overalfat 01-

ther Board any rooord conoernine which the

tico, shall aasure the socarity of the post

office has any arcostalaty as to whacher the

ponod assassinailan rocards in the Callos

record la an arassination record gorarzad by

toD.

8hle Aot;

(0) OVERSIGHT. - The Committee on Borern-

(8) 61v0 priority to

ment Operations of the House of Represante

(1) the sdontification, sorow, and trans

Eves and the Committso on Governmental

Anaire ol the Benato aball bare continuing

OveraLat fariedation Mila respect to

Collection.

BEC. & REVLEW, DENTIFICATION, TRANBMIESION

TO THE NATIONAL ARCHIVES, AND

PUBLIC DISCLOBURE OF ABBABBINA.

TION BBCORDE BY CONTANUNT

avallable os disclosed as of the dase of ensor

mont of this dot la a sedgated as aditad

form; and

(11) the Identifleacon, ravion, and trans

miasion, under the standards los postpone

ment sor forth in tale Aor, ol assasalnation

rooords that on the data of ensotmont of this

Act ara tho subjoct of lltiga6ias tendes soo

BLaS B61 of tilla 3, Unitod Statos Code; and

(H) make avallablo to tao Rosior Board

any additlanal informatios and recorde ¿bet

the Roview Board has reason to bellove lE ro

---

## Page 123

4-00000

September 30, 1992

quires for conducting a revlew under this

Act.

(3) The Diractor of each archival deposl-

tory establishod under soction 3112 of title

14. Unitod States Code, shall have as a prior-

ty the expodited revier for public disclosure

of assassination records in the possession

and custody of the depository, and shall

mako suon rocorde avallablo to tho Review

Board as required by this Act.

(d) IDENTIFICATION AIDS. 1XA) Not later

Chan 48 dayo aftor the date of enactment of

¿ble Aot, the Archivisi, In consultation with

the appropriato

Government offices, shall

preparo and make avallable to all Govera-

sonE allose a standard form of identiflos-

ton 0s fading ald for una with esch assAs

anation: roood subjoot to revlew wader this

Aot":...

(3): Too Archivist shall onsaro that tha

identifloation ald program in catablished in

such a mannar. no to result in the creation of

ai antiarm gyatam of electronio racords by

Government alices that are compstible with

saca ochar.:.

=(MUpon completion of an identifloation

Ald, 0 Doverament offlos sball-

vila) attrol a printad copy to the record st

describes::

(B) tranamit to ta Roview Board a printed

CoDy, Badl

(0) attach a printed copy to each sosas

amation: 190ard 1t desoribes when 1t 10 trans

da which aro ta tho

al. Arabivos on tho

Act. and which

ablialy

Tablo 1n

shels

ahall be.

Withoat any add!

30850

inder shis:

Ao

and

Bach an' identi

THIS

oftioe

Arcalvist,

and

matto

tho pabllo, all as

pan bo pablialy dis

paoltal

CONGRESSIONAL RECORD - HOUSE

(C) The perlodic raview of postponod assas

Bination roords shall serve to

downgrado

and declassify security classifled Informs-

(D) Each assasstnation record shall be pab

licly diaolosed In full, and avallable in the

Collection no later than the date that la 28

Joars aftor the dato of enactment of thle

Act, unless the President certifles, as ro

guired by this Act, that

(1) do tina postponene to ma man

saBary by an identinable harm to the mili-

tary defense, Intelligence oparations, law en-

forcement, or conduot of foreign rolations;

(11) the identiflable herm is of such gravity

That lt outwelghs the sabilo interest la dle-

(a) FERS FOR COPYINO,-Executive branah

agencies shall-

(1) charge foes for copying assassinátion

rocords; and

(3) grant. walvers of sach foes parsuant to

tho atandarde establlabed by soction 662(AX1)

of title 8, Unirod Stares Codo.

BEC. & GROUNDO POR POSTPONEMITT 07 PUB

LIC DISCLOSURE OF RECORDE

Discloturo of Rasassination records or pas

¿calar Information in assasaination records

to the publio may be

the limitations of thie

postponed subject to

and continuing evidence

Act 11 thera 1s clear

(1) tho

abrost to

the

char

tolllgance

100,

military defense

08

ralations o1

Untied

pablio disclosaro

posad by

of

tho

sach gravity that it outwoighs the

pablio in

corest, and sach sabllo

rovest

wpal

(A) as tatol

SOD

surreally rea

whoe

loon sit

(3) an late

1o carrantl

mont aisd: wasca

closed, the diziclosure

fere with the contact of i

calligenc

(0) any other saatte

int

strably

He as & lving

Adentia

ma tea to

provided

and

the alted

roald pose a substantial stai oli

H 9918

knotra as the Assassinationa Rocords Rovlon

Board.

(D) APPOINTMRNT.-(1) Too President, by

and with the advice and consent of tho Ban-

ato, shall appoint, without regard to polsts.

cal amliation, E citisena to serve aa mombora

of tbe Review Board to ensuro and facilitato

the revlew..

tranemlosion ro. tho Arohiulst,

and pablio. disolozare of government recorda

rolated

to the assassination

of Presidont

Joan F. Kenaedy.

(2) The President shall mazo nominationa

to the Revlow Board not Istar than 90 cal.

endar days aftor the dato of entorment of

this Act

(3) Il the Banato votes not to condra o

nomination to the Berter Board, tho Prost

dent shall mako an

additonal sominaton

not later than 30 dayo thereaster.

(4XA) Tho Prosident aball mako noming..

tons to the Rovlow Board after considering

torical

Assooision, tho Organisation

of:

American Historians, the Booloty 0l Amor:

1can Archivists and tho Ameriona Bar Aero

cladon...

(3) Las organtsation losertbed in sabrary.

BIADA (A) dOss 201 seCOmmend it: lossE?

bat 18 15

annotment of t

"reaident shal

S8ARt3a

(A) 80

(A)

of other sotion authorised

socords the

of thies has boes port.

sals

or la part, under tho staad.

80 0e

cOnDo part'os the pra

VOUSTONY ON POSTPONID ASSABBINATION

Bittoo da assassination record the pub

eRSarY SoCUrIty cleRraRpes in aR aocaleratod

sonal pilvacy, and that invasion of satvacy is

manner. sabjoot to the standard prooedures

lia alsolorare of which has boan postponed

so substantial that it outwigas the pabilo

10S STANtINg SUCh ClORPanOeS.

Bhall pertina transmission to the Archiptat

atorest.

(2) All somtases aball qualty las tho seo

Do Duld dos reasons of socurity and procerya

.. (4) tho pabilo disclosaro of tho assaesine:

CSEAFT SACArLY. AlARIaDOr sAtas to bales 200-

arginatias body untll snon timo ton reoard woeld compromias the extetagos

aldored tos opatratton by the Committes

of an undarstanding of confidentlality cur-

O1 DOTArTMEntS ADAITO DI REO BERRLO.

Jinhad st tho Nattons Arohives as

rontly ragatrina protaotion batmean a Got.

(1) CONFIRMATION HARTFOR -(1) TDO COM

¡ta sootion 4(0X2).

aramant agant and a cooperating individual

mitise on Coveramental AlTALTy of the son-

(8)

XODIO RAVINT OF POSTPONED ABBA&

of s foreiga govermont, and pablo disola. sta shall bold confirmation bearinge ulthin

BINATION RECORDS, - (1) All DOStpOned OF po

saro woald be so harmial that it outweighs

So dayo In which tao senato la ln sasslon

dactad roards shall do rerlowod perlodically

the public intorest; of

after. the nomination of & Revlew Board

by the orglaring agency and tho Arabivist

•(5) tho pabllo disclocaro of the assassina-

membars.

consistent wits tho rocommendations of the

Man record woald reveal a sanarity as Dro

(2) The Committee on Coveramental Al-

Bat Let Board ander Baotion MoXXB).

taotivo prooadure currantly utllized, or res

falra shall voro on 800 nominalons within 11

XA. A piradio Forlon shall address tho

sible dealosuro al additional assestantion

sonably expacted to be nullisod, by to so

dago In maich tho Seanto la ln essados altes

aros Bertion or another doveramani aganoy

tho confirmation hearings, and shall report

rosarda da sha colleation undor tho standards

responaible for protecting Government om.

Its resulto to the full Bonato Immediatoly.

of this Adi.

claJo.

and

public disclosure

#oald be so

(S) The Basale ahall voro on each naminee

(8) All pOstponed abBassination records do

harmfal that lt outweighe the pabllo later

to confirm os sojoct withla la days in which

Cosmised to raquiro continued postponement

08t

Cho Bonato la 1n sesaloa aftor reportad by the

shall roguire an anolassifted writton desarip

Mon fan reaton for suad coatinuad post

SEC 7. ETABLENCHINT AND FOWED 0 1E8

ASGASTIMATION REDDEDO: BISVISH

Committos on Coveramental Añalra.

(0) VADANCY, A TROGNOS On the RaTien

Me: Brat desoription shall bo pro.

died to to Arabivist and pablishod la 120

Board abell do filled la tho sama manner so

vodaral Regieter apon determinstlon.

(8) ESTABLAHMENT. - Thoro le establlabod

as an Indopandont agency a basrd to bo

spacined for original appolatment mitala so

daya of the oocurrancs of the vacancy.

---

## Page 124

coltiahisyisi

H8918

(1) CHAIPIRION TLe MenDSTa ol ebo RA

Mow Roard shall aleot ono of lis marnbors ae

abairparaDa at ttu tallial moettes.

(E) RAMOVAL OF RETINU BOARD MENAEER-

(1) No mosmber of the Reven Daard shall ba

Ftweoted trom ofrioo, other thau

(A) by impeschmoni and conviotion: os

(B) by tho acuon ol tbo Prenidoai fos tnol-

ficleaoy, nogleot of taty, malfes

78000 1n 0f-

ñoo, Dayaloal atenblltty, Inantal mcapsetey.

ar aay

othor

oadd1tlon

that rabeteatinily

• mupaln tho portorianoe of tha semnter"s dn.

toa

.-(ONA) Il & membor. of tho Revion Board ta

removed tram oflica,. and that removal sa bo

tho Proaldent

D0E 10a8 than I0 days

BXtar

tào

romoval the Pronteaat shall tabente

80

tho

Oommittso of Govsramnat Optrstloss

tho Honco of Ilepnt

aund 800: 007

maiteng on doy

catrg of fre

feyart

228

Hao (rbunat top

:(D) To Pre

tral Bejistur a repo

1l seconeary to pro

ZAFSL T RO T0D0

5T A:00

wasi

mo eP men

aNl: 01-100 F5

Cing Caase or

CONGRESSIONAL RECORD - HOUSE

September 30, '195

(11) ciraos a dovaramonz offico to maake

avaltablo to the Rovlowy Board, and li ac0

20 Rhe BraddAra DrODodErCS POr ETEntieE E

escary toverdrato the mcta surroanding, sd-

cloaranoes.

dltloaRl information, roords, or rostlmoay

(B) A CusAsdaso saall gBallso 80s tão s0

tros indiviauala,

which the Rovior Board

Ase ressas to ballevo la ragalrad to falfill ita

provod by tho Rostew Bosrd.""?

Pancelosa aad responsbilitios under this Aot;

-(A) SerVo aS priACtUal 1Alod Ra Corer

(113) request the Arrorady Oenaral lo taD

mont oidoax

DOene privBto porsoBs do compal restimon.

(B) bo resposaible for tbo admitatatratlo

roociía, and other information relevane to

noâ cpordiastion ol lho RoTlou Boerd'a a

Sta rOSPORsiDHUCS audoS BDis ACt

vlow af secorde:

(D) regatre any Doverament ontico to so

(C) bo resporalble los tho sdministretloa e

ocant in writlag for the destraction of any

all offalad sottritdes csduotod. le ese &1

vow Board and

FROOTES MALStiAg

tha

assacalnstdag of

Prosidaat Joba F. Kennody;

(D) hAVO DO ANtUOTIty tO dodLiO. dE dotes

(IE) rocoive Information trom the pablio ro-

inine whother any moord tbould ba discloss

pardias tho sdontinication and pabilo disolo

to the pubisa ar pogtpanod lor disatacura

soFo ai anmsenination records; and

(5) T20 KRDOUTIVO DIFACIOS ALAUI BO% De NI

•(I1) bold boarings, adminuasor oatas, sod

20rod sor.senuaae othes than. by e renjeit

moposna uttacnes and docamonta.

VOtO os the MOTtoM BOard fOr eNsAN,DE Ea

Cn' A sbpoens sauod nodar paragrapl

proaada el trottloaney, aasteos aí buiy. slel

OXOXiM) many. Do curorod by say appro

sousanos in smhoa phyitonl dattitiai ten

DRTADO FAdOTAI DOUFE AOtINE DUMIADE lO &

sad-110as10t5. 18 a9y ochur sontizton ta

Lawial reguest of tho Ravlow Board

it..

sttetantlally impalrs tbeperforner0.ofua

(3) WINONS DENUNITY.- Tha Revlow Board

resporaltilitias of the sreonito Ditrastos a

sinall Do considored to Da an agesay ol she

tho stall of the Bowien Boanl. 7iii

United Bontns lor surposes ef ceosion lags of

(0) GRATT- () The Biver Bourt nay, t

3000 18. Urlied 8tarer Oode.

C pt n tn n tư ản ngh uan gà sện

DOOOrdADOs: wirh the anll ssIvisaieiis: ba

Whhon rienrd to etoll envies tarine rest

• Batloa Bos comapotiiino

Committon os Dovera

soanto shall bavo oou

adiotlay with soupect

ở of tho

Rovkew Board

Eise

DOStN AE

woard

Hoart

Jll er.ore

tha d tacdi st en

SV- Tà

FMlOM

basle

VE RAOULATIONI

-The

sen teono intarsuotivo segeds

PAINAYION AND WINDEPO UP-(1) TE

Das and tho terml of 1ts soeraben

. (B) A

for. 8he

60

•Botrag"

Hànl ta

DiroctOs

est ita berio for an addictonal l-year

mita t1 &

As 2ot complotad 1ts mork tili

- tho saße 8f

a poslod.

aad otaas gei

(1)

Fo rAto

gos tts termination, the Ravlow Bourd

pafablo for

Boerd shall

af. tbe

ро. Babod

rubmit roports to tho Presidoat and sho

no nider

lala 6316 of that 1100 Mv.di

tormins

(d) ADTI8O

ottia

& CONATTTKES

-(1) 110 Rorten

postDose

ABIAEsInatIOn rOOOrdE. :

Board shall have the suthorlty.to.arsate ad

Vhory comralttose to aeslst In falnhliar 2

(3) Ia o8rryia8 cut paragraga (1), le Ro renstremente uader aalo Acti

Board

OsBosablses 01-800 Rovtow Bourd junde

sosll : ponslder. and

rander

doclslong

(5) Upoa termination and winding un, tho

Bhts ACG

Revlew Boerd shall tranafer all of its recorde

rptaldes:

(A) whother a rocorê consittates an as8so

18) Aoy adyleory commiiteo arostad bo ese

sinstton record; and

to the Archtutst for Incluslon in the Oolloc-

Rovia» Board aball be subloct lo tho Fedaral

tas, and so reoord of the Ravlew Board shall

(B) whother an ascassination rooord or par

be destroyed.

Advtsosy Committeo A0t (5 U.8.0.ApD).

dloalar information la a racord qaalil1os for

postponemast of disclosaro ander this Aot.

SAL & ASBABSINATTON

AC & REVILY OF ROCORDS DY FEIS ABSARUINA

RECOZDA SEVISN

BOARD PERBONNIO,

MON RICORDO PIVIW LONAIA :

(J) POWERS. (1) The Rovtow Board aball

bavo sho antbarity to sot 1a a mannas pro

(A) IDICUTIVE DIRECTOR-I) Nos lator.

(B) CUSTODY OF RECORDS REVDENEO

cortbod andor this Act including anthorley

tben 15 asys aftor tho initial misting of the

BOARD.-Pending tho outcome od the Rivtew

to

Rovlew Board, the Ravlow Bosrd Bhall ap

Board's rertew actiult, a Goverament ofitoo

(A) diroct Goveramont offices to completa

polne ose cilisen, withour regard to political

sball sotala castody os lla seressination

Identinication alds and

amllacion, so the poaition ol Exocutive Di-

paporda for parposas of prosarvation, paca-

OrfanI3O 1080881n8-

госвог.

rity, and emlefoncy, unlosg

don racords;

(D) diroot Goveramonz officoo to transmit

(8) Tihe Dorson appoLatad da ERAculITo Di-

(1) tho Rovler Board requires tãe paysical

to tbo Archivtet assassination rocordo ao ra

pector danll be a privata cltlson of intesrity

erangier of rocords for ressons of condecting

gutrod under pala Aor, Inolading sogrogable

aad Impardallty who la a aistingalahod pro

an Independent and impartial rorter, or

partions of sesassination rocords, and vub

• fos81oaal and who la sot a prassat empioyae

(8) such transfer la necessary for en samia-

stltatos

and

sammarles

of say branch of tha Choveramont and baa

Iatrative bearlng or otbor official Rovor

of assassination

Board fanction.

recorda that can ba pablicly disclosed to the

had no prerlous involvement with any om-

fallest ertent;

cial lovestlgatlon or inquiry rolatiog to the

(D) STARTUP REQUIREMENTS.- ThO ReVOW

Board sball-

(CX1)

obtaln

to

asmesinatloa of Prealdent John F. Kennody.

B88A881DAL1OD

rocords that bave boon 1dontiflod and orge

(3XA) A candidato for Exocative Director

(1) Dot lasor chan s0 days afrer tho dato of

nizod by a Govoramont offco:

Bhall be grantod the nacobsary

lla appolatment, pabliah a achodalo for ra

fecurity

clearanoss in an acoeleratad manne? subjact

view of all astassiaaton racorde in tbo Fod-

oral Register; and

---

## Page 125

September 30, 1992

CONGRESSIONAL RECORD - HOUSE

H 9917

(2) not later than 180 dago aítor the dato of

ment of such record or Information under

greas of Its Intention to terminato Ito opar-

enaotment of this Act, begin Its rettew of as-

the standards sot forth 10 sectlon 8, and the

atlons at a specifled dato.

sassinaton records ander cals Act.

President shall provide the Revlew Board

BEC. LA DIRCLOGUBE OF OTHRA MATERIALS AND

(c)

DETERMINATIONG

or

THE REVIEW

with an unclassifled written certification

ADDITIONAL STUDY.

BOARD. 1) The Revlow Board shall direct

Bpocifying the President's declelon within 30

(8) MATERIALS UNDER SBAL OF COURT.

that all assnesination recorde bo tranamittad

days attor the Rover Board's detormination

(1) The Revlew Board may request the At

to tho Arabivist and discload to tho pabito

and notico to the exocutive branch agency so

torney General to patition any coarE in tho

in tào Collection in the absence of clear and

required ander this Act, stating the jaB

Unitod Statas os abroad to solosso day taías

convlacing evidence that

¿stication for the President's docialon, in

matson rolavant to the assassination

08

(A) a Government record 1a not an abase.

sinatloa record; or

cluding the applicable grounds for postpone

President John I. Kennedy that la held

(8) a Coverment record or particalar ta-

ment under section 8, sacompanied by & COpy

under seal of the court.

formation within. an assaerination reoord

of the Identification ald required under soc

(2XA) The Ration Board may request the

don 4

Attorney General to patition any court in

quallios for postponement of pabllo disclo

(2)

PERIODIC. REVISY.-AnJ

sure nader this Act.

axecutive

the United Statas to rolesto any. Informadloa

(2) In approtog postponemeat of. pablio

branca asEssination rocord poetponed. by

salovast to tho asesssinasion of. Presides

disclosure of an assassination record, the Ro

the President shall bo subjoct to the require" John 1. Kennedy that is hald under the is-

view Board shall soak to

ments of paradio rovlet, downgrading and

JanctIOR as secrecy of a brand jury.

(A) provide for the disclosuro of segragablo.

declassfication. of classiied

information,

(B) A request 8or disclosura 08 ananasa.

parta, substitatos, or summartos el suda a

and publio disclosare la the collectios sot

ton materiala. ander

chts Aos shall ba

record; and

¡orth in soction 4.

deemed to canstituta a showing of partdou..

(B) determine, in consultation with tha

(3) RECORD OF PRESIDENTIAL POSTPONE

larizad nead andar Rulo & o8 the Federal

origansting body and consistant with

6h0 ..

MENT.- Tho Rovlew Board aball, apos 1is so

Rales of Criminal Procodaro.

standards for poatponement under this Aos,

mhioh of the following altomatire lorras. of:

celpt pabliah in the Federal Railater a oopy the Congress that nE

unclassifled written cortifloation,

dinosonaro aàall bo made by the orglenting by or on behall of the Proudent wita regard. Rovior Hoard ta good tits to marcal any

bodf;."

(1) Any: roasonably segragablo partioular

.:moords thas the Rovlow Board determines lo

Information in an ssersaination record.

be relevant and hold ander

(11) A subatitute rocord for that fiforms.

under the tajanction of soci

cion which is gostponed.

(111) A 8

Bestation roo

shoald cos

3* 80

9019

1a0

beginning

onder deys after the

Ven Board Irst

apps

of. atsolosare of an at

Review Board shall

Reg

8C0P &

cotloe tha

proved

PrestI

DOSSI

LAY

BabitC

of

the

tre

sound

tha

of this

13 monthe thered

*V 988

ropor

ando

curato

she 10]

(A):

offsta

teg

and routremands of tw

CHAPE:

Lop wiginatter body of its

datormiation and pabli a copy di tao da

Moview Board and its personnel

(B) The progress mado on sorter, trans

cormtanttos in tho Fodoral Restater uttata.

ratasioa to the Archivist, and pablie disclo

14 days aftse tha determination 13 meda

Saro of assasalaation rocorda

(8) Contamporadeous cattoo shall ba mado

(C) The ostimatod simo and potree of an

to no Preeddant sor Revter Hoare dote:

esaalastian recorda lavolved in tae comple

mattony repiring asacative brunoh sanes.

unstion: records, and to the overgne do

ander this Act

mitRea designacod in this dot la tes osBo 0í.

(D) Any spocial problems, mataltar so,

leetslattre brunon racorda. Suca sortoo maall

gRets and the level al coopsrates ol t07•

contata a militen unclassifiod jassifloadioa

ornment offices. with regard to the abillty of

1os pablo disclosaro or postponement al dis

the Raview Board to operato as regutred by

closara, including sa explanation of tha so

this ACE

silastion as any standardo contaiaod la soo

(E) A rocord of rovlem sortuttles, lncludias

tson &

a record of postponement declalons by sho

(d) FRRAIDENTIAL AUTHORTY OVER BEVIEW: ReTen Board or other related notiono ne-

BOARD DEFRRMINATION

shortsad by ible lot, and & redord of the vol-

(1) PUBLIO DIOLOBURE OR POSTPONELIENT OT

umo of recorda retioned and postponed.

DISOLOSURE. - After the

Review Board

hag

(F) Barrestions and requests to Congrass

mado a formal determination conceraing the

for additional leglelative authortly nooda.

pablo disolosure or DOstpoDement of diadlo

(Q) An Appendiz contalntag coples of po

suro of an esecutive branca assassination

ports of postponed moordo to the Aroatulat

re00rd or informantion altain such a sooard.

required under section A(cXS) mado alaco tho

or of say tatemadas contataad la da sesa

dato of the prooading report ander sara sal

santian scoord, abisinad or daveloped solosy

station.

mithla the ascoative branch, las Presteant

(1) At least DO calendar daya botore cono

thall leve to solo and condelegable aulbon

plotias dis work, tho Rovlow Bourd shall Dro

129 to regalro the disclosure or poatpons.

vido pritton potlos to the Prosideni and CoD-

o on tantar of releaso al gilles and dozi

loss of reognts to the Unsted Btsten dovan

meat

(0) FREEDON OP INFORMATION AGT.- NOtA.

1ng 1n this doi shall ho coastraod to olimb.

sitle & United

(O) JUDICIAL HIVIN- HotatoR in this A0t

shall be construad to preclade sadtolal sai.

vian, undos chapter i al titto & United

Statsa Dodo, ol flasl actioas Pales or so

aired to bo talon under lato dor

(L) KUSHI AUTHORFT7.- Nothing in thi

say othor entity of the coreraaaas to pal.

11oly discloes records in Its possesalon.

(O) RULES OF THE BINATR AND HOUSE PE

REPRESENTATIVES. - TO the arteat tasE any

provista of Ehta lot establabor a grossdare

to bo followed in the donato os tO Hero Ol

(1) BE Aa axeroio a the rulesmeltas

respecttvaly, and ta deamod to be part as the

rules of each House, reapectively, bat agait

---

## Page 126

H 9918

cable only mita respoot to the procedara lo

bo followed la

that Housa, And 18 ERpUBAdOS

ocbor rulee anly to the artaut that 16'1 to-

aotadstint with sad rules; and

(1) with fall roogatton of the ocusata

•tional right of oltsor Hoase to mango the

rulas 180 lar as they palate to the prostdure

of thai House) at any time

• La the samo man-

nor, and to tho samo artant se la tha caso of

any ochor salo of that House.

ING 18 TOINTNATON OF LIVECT OF ACT.

(a) PROVIN

ONE FATALIO, TO THE RAVISH

BOARD. The prontatans of this dot that Dor.

tain to the appointmant and operatica of the

Roview: Board shall onaso to bo aftective

than the Roviow Board and the terma of It

members have tormisarad partuast to soo

tos 70)..

.(D) OTHEs PROVI

Tho somalaiag pra

Aot shall coattane in attoot.

Matt such

129 Are

tho Pi

the

*88.

adits to

da bare 1

madó l

svaliable

dance with tate dot

IN ON APPROPRU

TONG

CONGRESSIONAL RECORD - HOUSE

There was no objocdon.

The Clork road the concurrent reso

lution, as follows:

September 30, 1992

The SPEAKER pro rompora.. pursu-

ant to the rule, the conferenoe sapart le

conaldered ss having been road..

(For conforenco roDort and stato

Rosoivad by the House of Repressatattoes (ins

Senale concurring), That the Praeldon: of tho

Unitod Statos le roquested to rotaro to tbo

House or Ropresentativas the aprollad bill

(H.R. 3579) With FeEDeCt to the authoritles ol

the Administratito Conferason. Too clort of

the Hoese la authortsad to roosive soda bIll l

It la rotarnod than the Hosso 1s D06 1a so0

Man. Upon the rotara of such bill, tho sottan

of the spealer of the Hoars al Ropresents

¿lues and the Acting President pro tempora

al the Banato ta signing it shall bo doomod

rescinded and the Clork af the Hones aball

roenroll the bill with tie follontag costea

Buriko " 514" and lasart "so1".

in the title of the bul, strike "syg" and to

ment, see procoodings of the Houso of

Friday, September 25, 1992, at pAge H-

The SPEAKER pro tempore. The gen-

Woman from Michigan (Mr. FORD) will

Do rocognized for 30 minutes, and the

coodLIna) wil bo rocognised 101".80

The Chair rocognises the gentlemen

from Michigan (Mr. FORD).:

Mr. FORD of Michigan. Mr. Speaker,

¡ ast unanimous consent to gold tho

time of the majarity for control to tho

chairman of the subcommitise and the

nathor of the bill, the gantlemen

to too pai

102. 18.

Mr. BROOKS (during the reading).

Mr. Speaker. I ask unantmous consent * The SPEAKER pro tempore, Is there

that the concurrent resolution de con.

objoction to the request of the -gen-

¿eman from Michigan?.

50

adderod as send and printod ta the

There was no objection. snai

The SPudi:: Dro tampore, The san®

TO SPEAKER DrO tompore. In Her Keman from Michigan DMr. Not lie

tleman trom Tezas?

Mr. MODER. Mr. Speaker, »I

myself such timo as I may cor

ar. Mih. Mr. Sponter, roervin the

right to obleat,! do so for the purpose:

Aur. Klides assod and ma

neidon to routio and to

Mr. KINDER ME EDE

alloctod by the

Ordered to. De

cedithe third

oad-schoole - Improvene

Mr. BROOKS. Mr, Speaker, I would

compromiss. betwroon. the

say to my distingaishod trtend, the

andemin trom New York rif

duretaine the House coit

hat the parpon of this recalcian try

orructra technicat error ta she bi

nod-amproy

-B. 3979, raleting to the Administr

• GENEBAL LEAVE:

tivo. Conforaros of the Unitod Statsa, It

parts of the oducat

BROOKs. Mr. spenter. 7

subatantive.change in she

At the samo timo: It to

unanimous consent that all Members

bills it fust resolves & dilculty that

alans trom the senate

docarted in the other body.

most of the runds to local

mai have's days in whlah to rovise and

extend, their remarks, and Include ax:

Mr.-YI8H. Mr. Speaker, I withdraw

reform plars have boon.

my reservation of objootion.

the State and schoo! distrlot

tranoons matter.on: the sonate, blll

just passed.::

"The SPEAKER pro tempore air,

As to the House bill, syst

TORRES). Is there objection to the rei

proposals mould ba developod

-The SPEAKER pro tempore. Is there

objection to the request of the gen-

quest of tho gentleman from Texas?

State and local lovels by parais

up of representatives of the many anti-

The concurrent resolution was agreed

tles which have a stake la Improving

There was no objection

A motion to reconsider mas laid on

REQUESTING THE PRESIDENT TO

the table.

ernors, State legislators, parents,

aakobolder seldo ant

RETURN H.R.

2379,

WITH

ropresentatives of oducation, business,

RE

and other community leaders.

SPECT TO AUTHORITIES OF AD

However, the plan roquiraments have

MNISTRATIVE

CONFERENCE,

CONFERENCE

REPORT

ON S.

2,

'AND: "PROVIDING FOR

" ITS

REENROLLMENT

NEIGHBORHOOD

been aignificantly streamlined to focus,

PROVEMENT AM. SCHOOLS IM- primarily on the key elementa af syn,

tamic reform.

Mr. BROOKS. Mr. Speaker, I a8k

Mr. FORD of Michigan, Mr. Speaker,

- These elements include identifying

ananimous. consent.to. take from the

I call up the conference report on the. high goals for student achlevement and:

Speaker's table the concurrent resolu-

Senato bill (S. 2) to promoto the ensuring that State and local curros,

ton (H. Con. Res. 366) requesting the

achievement of natlonal

ula, assessments, and teacher training

President to return the enrolled bill goals, to measure progress toward such

programs support the attainment of

(H.R. 3379) with respect to the authori- goals, to develop national education

those goals.

tea of the Administrative Conference,

standaras and voluntary aBBeBaments

At the school district level, funda

and providing for.ite roenrollment with

in accordance with such standarde, and

may be used for developing and carry-

technical corrections, and ask for 1tg

to encourage the comprehensive 1m-

1ng out districtwide reform plans in-

immediate consideration.

provement of America's neighborhood

cluding school restructuring.

The Clerk read the title of the con-

As I mentioned earlier, once the sys-

current resolution.

and ask for its Imme-

tommido reform plan has been devel-

The SPEAKER pro tempore. Is there

oped, the majority of the funds go to

objection to

the requeat of the gen-

The Clerk read the title of the Senato

support

reform activitios in

local

Weman from Texas?

schools.

---

## Page 127

00. -0

•.

THE WHITE HOUSE

office of the Press Secretary

(Paducah, Kentucky)

CIA HAS NO OSJECTION TO

DECLASSIFICATCN AND/OR

RELEASE OF CIA INFORMATION

IN THIS DOCUMENT

For Immediate Release

October 27, 1992

STATEMENT BY THE PRESIDENT

Today I am signing into law S. 3006, the "President John F.

Kennedy Assassination Records Collection

Act of 1992."

legislation provides for the review and, wherever possible, the

release of records about the assassination of President Kennedy

that have not yet been made public. I fully support the goals

of this legislation.

In the minds of many Americans, questions about President

Kennedy's assassination remain unresolved.

Although the

Government already has released many thousands of documents,

the existence of additional, undisclosed documents has led to

speculation that these materials might shed important new light

on the assassination.

Because of legitimate historical interest

in this tragic event, all documents about the assassination

should now be disclosed, except where the strongest possible

reasons counsel otherwise.

While I am pleased that this legislation avoids the

chief constitutional problems raised by earlier versions of

the bill considered by the Congress, it still raises several

constitutional questions.

S. 3006 sets forth the

grounds on which the release of documents may be postponed,

but this list does not contemplate nondisclosure

of executive

branch deliberations or law enforcement

information of the

executive branch (including the entities

listed in

sections 3(2) (G) through (K)),

and it provides only a narrow

basis for nondisclosure of national security information.

authority to protect these categories of information comes

from the Constitution and cannot be limited by

statute.

Although only the most extraordinary circumstances would

require postponement of the disclosure of documents for reasons

other than those recognized in the bill,. I cannot abdicate my

constitutional responsibility to take such

The same applies to the provision purporting to

give certain congressional committees "access to

any records

held or created by the Review Board."

This provision will

be interpreted consistently with my

authority under the

Constitution to protect confidential executive branch materials

and to supervise and guide executive branch officials.

Second, S. 3006 requires the Board to report to the

President and the Congress.

If the bill were

interpreted to

require simultaneous reports, S. 3006 would intrude upon the

President's authority to supervise subordinate officials in the

executive branch.

I will construe the provisions to require

that the Board report to the President before it reports to the

Congress.

Third, the bill purports to set the qualifications

for Board members, to require the President to review lists

supplied by specified organizations, and to direct the timing

of nominations.

These provisions conflict with the constitu-

tional division of responsibility between the President and the

congress.

The President has the sole power of nomination; the

Senate has the sole power of consent.

more

(OVER)

---

## Page 128

14.00000

2

nard out the Bose rig 22g the bit on there, tho

I sign this bill on the

about hope that he ate a sane to tauran theoretod

on our Nation almost 3 decades ago.

GEORGE BUSH

THE WHEN , 1992.

---

## Page 129

14-00000

108 STAT. 3128

• .

=

Oct. 6, 1994

(H.R. 4569]

Fresneed John

Assassination

Records

Collection

Extension Acl

of 1994

14 USC 2107

note.

PUBLIC LAW 103-345-—OCT. 6, 1994

Public Law 103-345

103d Congress

An Act

To extend and make amendments to the President John F. Kennedy Assassination

Records Collection Act of 1992.

the in it acted by the senate and House of Representatives of

SECTION 1. SHORT TITLE.

This Act may' be cited as the "President John F. Kenned

ssassination Records Collection Extension Act of 1994'

SEC. 2. EXTENSION OF ACT.

Section 7(0)(1) of the President John F. Kennedy Assassination

Records Collection Act of 1992 (44 U.S.C. 2107 note) is amended-

SEC. 3. AMENDMENTS RELATING TO REVIEW BOARD POWERS.

Section 70X1) of the President John F. Kennedy Assassination

Records Collection Act of 1992 (44 U.S.C. 2107 note) is amended_

(1) in subparagraph (E) by striking "and" after the semi-

colon;

(2) in subparagraph (F) by striking the period and inserting

"; and"; and

(3) by adding at the end the following

(G) use the Federal Supply Service in the same man-

SEC. 4. AMENDMENTS RELATING TO REVIEW BOARD PERSONNEL.

(a) SECURITY CLEARANCE FOR REVIEW BOARD PERSONNEL.-

ection & of the President John f. Kennedy Assassination recorc

ollection Act of 1992 (44 U.S.C. 2107 note) is amended by addir

at the end the following:

PUBLIC LAW 103-345-OCT. 6, 1994

(b) APPOINTMENT AND TERMINATION OF STAFF, GENERALLY.-

President John

F. Kennedy Assassination

B parking and thoring to color colone though the end

"(b) STAFF. (1) The Review Board, without regard to the civil

108 ST.

the President John F. Kennedy Assassination Records Collection

and inserting "(A) Except as

2) by adding at the end the following

"(B) An individual who is an employee of the Governmen

8(b)(3)(B)

i the President John F. Kennedy Assassination Records Collectio

Let of 1992 (44 U.S.C. 2107 note) is amended to read as follows

"(B)(i) The Review Board may offer conditional employment

to a candidate for a staft position pending the completion of securits

investigations, the Review

any

such

employee does not have access to, or responsibility involving, classi-

ied or otherwise restricted assassination record materials

"(ii) If a person

hired

on

a conditional basis under clause

(i) is denied or otherwise does not qualify for all security clearances

necessary to carry out the responsibilities of the position for which

John F. Kennedy Assassination Records Collection Act of 1992

(21 U.S.C. 2107 note) is amended to read as follows:

"(c) COMPENSATION.—Subject to such rules as may be adopted

the provisions of

44 USC:

note,

---

## Page 130

4-00000

1s of this Act

ivist certifies

vation records

nce with this

opriated such

lain available

is are appro-

nay use such

out this Act.

hereaf to any

er of this Act

not similarly

fected by the

arions and Pr 2

28 (1992%.

PUBLIC LAW 102-526-OCT. 26, 1992

Public Law 102-526

102d Congress

106 STAT. 3443

An Act

To provido for tha expeditio dida Cord rolevat to the assassination

0x. 26: 1992

(S. 3006)

Be it enacted by the Senate and House of Representatives o

he United States of America in Congress assembled

Friend, Johan

SECTION 1. SHORT TITLE.

Assassination

s. This 'Act May be cited as the "President John F. Kenneds

Parton Act of

Assassination Records Collection Act of 1992".

1932

H USC 2107

SEC. 2 FINDINGS, DECLARATIONS, AND PURPOSES

note.

"(a) ' FINDINGS AND DÉCLARATIONS.-The Congress finds and

41502101

nola.

declares that

(1) all Government records related to the assassination

of President John F. Kennedy should be preserved for historical

and governmental purposes;

(2) all Government records concerning the assassination

of President John F. Kennedy should carry a presumption

of immediate disclosure, and all records should be eventually

isclosed to enable the public to become fully informed abou

he history surrounding the assassination

(3) legislation is necessary to create an enforceable,

independent, and accountable process for the public disclosure

of such records;

(4) legislation is necessary because congressional records

related to the assassination of President John F. Kennedy

would not otherwise be subject to public disclosure until at

least the year 2029;

(5) legislation is necessary because the Freedom of Informa-

tion Act, as implemented by the executive branch, has pre-

no hand an on be alone the do deo tho

63-1290-92(5261

-so's 54-49961

as ime.

•

---

## Page 131

14-00000

106 STAT. 3444

41 USC 2107

note.

PUBLIC LAW 102-526-OCT. 26, 1992

SEC.S. DEFINITIONS.

(D) the Select Committee on Intelligence (the "Pike

resentatives;

(F) the Library of Congress;

(G) the National Archives and Records Administration;

(H) any Presidential library,

(I) any Bxecutive agency,

(J) any independent agency,

(K) any other office of the Federal Government; and

dent John F. Kennedy,

but does not include the autopey records donated by the Ken-

nedy family to the National Archives pursuant to a deed of

gift regulating acoess to those records, or copies and reproduc-

tions made let on means

means the President John F. Kenneds

agency means an Exacuave agency as

defined in subsection

o541) of atle 5, United States Code

ment, including the. Executive Offc of the President, or any

ndependent regulatory agency

(5) "Government office" means any office of the Federa

Government that has possession or control of assassination

records, including

(A) the House Committee on Administration with

regard to the Select Committee on Assassinations of the

records of the House of Representatives;

(B) the Select Committee on Intelligence of the Senate

with regard to records of the Senate Select Committee

to Study Governmental Operations with Respect to Intel-

ligence Activities and other assassination records;

C) the Labrary of Congress

(D) the National Archives as custodian of assassinatio

records that it has obtained or possesses, including the

Commission to Investigate the Assassination of President

-4-799786

Hitty-

SEC.

of es

Admi

recor.

tion

the p

Coller

relati

shall

sectio

prepa

---

## Page 132

14-00000

ites.

ated

waS

wise

ition

епсу

OD-

tion;

nate

littee

Intel-

ation

PUBLIC LAW 102-526-OCT. 26, 1992

106 STAT. 3445

(E) any other executive branch office or agency, and

any independent agency.

(6) "Identification aid"

means the written description pre-

pared for each record as required in section 4

(7) "National Archives

Records Adminiat ration and ma comport the or, hint ing

Presidential archival depositories established under section

mental entity 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 historical

and governmental purposes and for the purpose of fully inform.

ing

the American people about the history surrounding the

assassination of President John F. Kennedy.

11) "Recor

ound or video re rails, machine deple ten p, cotora

ized, digitized,

or electronic information, regardless of th

nedium on which it is stored, or other documentary material

regardless of its physical form or characteristics.

(12) "Review Board" means the Assassination Records

Review Board established by section 7.

nato a ard grat record one i lent age po dat on or

another agency.

ADMINISTRATION.

a) IN GENERAL- (!) Not later than 60 days after the dat

f enactment of this Act, the National Archives and Record

Administration shall commence establishment of a collection of

records to be known as the President John F. Kennedy Assassina-

tion Records Collection. In so doing, the Archivist shall ensure

the physical integrity and original provenance of all records. The

Collection shall consist of record copies of all Government records

relating to the assassination of President John F. Kennedy, which

shall be transmitted to the National Archives in accordance with

prepare and publish a subject guidebook and index to the collection.

(2) The Collection shall include

(A) all assassination records-

(i) that have been transmitted to the National Archives

r disclosed to the public in an unredacted form prio

• the date of enactment of this Act;

to be an

(ii) that are required to be transmitted to the National

Archives; or

Printing.

19g46470.

-------

---

## Page 133

14-00000

106 STAT. 3446

PUBLIC LAW 102-526-OCT. 26, 1992

(ii) the disclosure of which is postponed under this

OF RECORDS.-Al

assassination

Historic

preservation.

11 USC 2107

note.

(1) charge fees for copying assassinaton records; an

(2) grant waivers of such fees pursuant to the standard

established by section 552(aX4) of title 5, United States Code.

(d) ADDITIONAL REQUIREMENTS., (1) The Collection shall be

preserved,

and restricted for use under the terms of this Act.

(2) The National Archives, in consultation with the Information

Security Oversight Ofñoe, shall ensure the security of the postponed

assassination records in the Collection

(e) OVERSIGHT.- The Committes on Goverament Operations of

with respect to the Collection

SEC. & REVIEW, IDENTIFICATION, TRANBMISSION TO THIS NATIONAL

ARCHIVES, ANI PUBLIC DISCLOSUSE OF ASSASSINATION

RECORDS BY GOVERNWENT OFFICES.

(a) IN GENERAL, 1) As 800n as practicable after the date

for inclusion in the Collection

(2) No assassination record shall be destroyed, altered, or muti-

ated in any way

(3) No assassination record made available or disclosed to th

udlit pd. postponed or public disclosure, or reclassilie

nactment of this Act may be withhel

(4) No assassination recond created by a person or entity outside

During the review by Government ofaces and pending review acti

ty by the Review Board, each Government office shall retain cu

tody of its assassination records for purposes of preservation, secu-

rity, and efficiency, unless-

(1) the Review Board requires the paysical transier o

ecords for purposes of conducting an independent and impa

tial review;

(2) transfer is necessary for an administrative hearing or

other Review Board function; or

(3) it is a third agency record described in subsection

(c)(2XC).

SE

Ir.

Ar

th

Wi

---

## Page 134

14-00000

nder this

1 aids cre-

er section

oto

1 records

he public

ble to the

res within

und

standards

stes Code.

I shall be

the public

, specified,

Lormation

postponed

erations of

ernmental

urisdiction

NATIONAL

SSINATION

• the date

Il identify

• President

e Archivist

d, or muti.

ised to the

: withheld,

ity outside

with the

postponed

REVIEW. -

view activ-

retain cus-

ition, secu-

ransfer of

and impar-

hearing or

subsection

PUBLIC LAW 102-526-OCT. 26, 1992

106 STAT. 3447

(2) In retermine paraga of (1), a Cordament offae inati

reoords are assassinatio

oficial decline mi port aaliation a compare been

(CXi) determine which of its assassination records, or par-

ticular information contained in such a record, was created

by a third agency or by another Government office; and

(i) transmit to a third agency or other Government office

those records, or particuar information sontained in those

records, or complete and accurate copies théreof,

DXi) determine whether its assassination records or par

icular information in assassination records are covered b

the standards for postponement of public disclosure under this

Act; and

(i) specify on the identification aid required by subsection

(d) the applicable postponement provision contained in section

(E) organize and make available to the Review Board all

assassination records identified under subparagraph (D) the

public disclosure of which in whole or in part may be postponed

under this Act;

(F) organize and make available to the Review Board any

record concerning which the office has any uncertainty as to

whether the record is an assassination record governed by

this Act;

• (G) give priority to-

1) the identification, review, and transmission of all

assassination records publicly available or disclosed as of

the date of enactment of this Act in a redacted or edited

form; and

this Act are the subject of litigation under section 552

of title 5, United States Code; and

(H) make available to the Review Board any additional

information and records that the Review. Board has reasor

to believe it requires for conducting a review under this Act

(3) The Director of each archival depository established unde

section 2112 of title 44, United States Code, shall have as a priorits

the expedited review for public disclosure of assassination records

custody of the depository, and shall make

such records available to the Review Board as required by this

Acti

(d) IDENTIFICATION AIDS.(1XA) Not later than 45 days afte

he date of enactment of this Act, the Archivist, in consultatio

availabe ap all Gover Cent oftens offces, shall prepare aticatike

or finding aid for use with each assassination record subject to

- 4: + +1-998-966

---

## Page 135

14-00000

106 STAT. 3448

PUBLIC LAW 102-526-OCT. 26, 1992

describes when it is transmitted to the Archivist

the

(h;

est

SEC. 6.

Dis

in assa

to the li

that

atio

DOSE

gral

disc

Public

information.

review by the Review Board or another authorized office under

this Act, and shall not be required to have such an identification

aid unless required by the Archivist.

(e, TRANSMISSION TO THE NATIONAL ARCEIVES, - BACA GOvera-

ment office shall

(1) transmit to the Archivist, and make immodiately avail-

able to the public, all assassination records that can be publicly

authorized by this Act, all assassination records the public

disclosure of which has been postponed, in whole or in part

under the standards of this Act, to become part of the protected

Collection.

(1) CUSTODY OF POSTPONED ASSASSINATION RECORDS-AD

ssassination record the public disclosure of which has been pot

oned shall, pending transmission to the Archivist, be held f

reasons of security and preservation by the originating body unti

such time as the information security program has been established

at the National Archives as required in section 4(eX2).

g) PERIODIC REVIEW OF POSTPONED ASSASSINATION RECORDS.-

1) All postponed or redacted records shall be reviewed periodicall

oy the originating agency and the Archivist consistent with th

ran

revea

confic

a sub:

reasOl

of per

tal th

compr.

curten

and a

public

Foderal

Pedicationa

!

or rea:

or anoi

ernmer

that it,

SEC. 7. EST.

RE

(a) EsT

agency a bo

Board

(b) APPE

and consent

• .

---

## Page 136

14-0000

aid pro

creatior

at offices

verament

I MASE KEN HORI

PUBLIC LAW 102-526-OCT. 26, 1992

106 STAT. 3449

BEC. & GROTORS FOR POSTPOEEENT OF PUBLIC DESCROSURE OF 1 USC 2107

RECORDS.

(1) the threat to the military defense, intelligence oper

ations, or conduct of foreign relations of the United State:

rosed by the public disclosure of the assassination is of suc.

ravity that it outweighs the public interest, and such publi

(A) an intelligence agent whose identity currently

requires protection;

(3) an intelligence source or method which is currently

utilized, or reasonably expected to be utilized, by the United

States Government and which has not been oficially dis

closed, the disclosure of which would interfere with the

conduct of intelligence activities; or

(C) any other matter currently relating to the military

intelligence operations or conduct of foreign rela-

teres se, ine United States, the dislosure of which would

demonstrably impair the national security of the United

States;

(2) the public disclosure of the assassination record would

reveal the name or identity of a living person who provided

confidential information to the United States and would pose

a substantial risk of harm to that person

(3) the public disclosure of the assassination record coul

reasonably be expected to constitute an unwarranted invasion

i that it outwar, the patic insires of privacy is so substan-

promis the exits a the standing on concide taild

currently requiring protection between a

public interest; or

(5) the public disclosure of the assassination record would

SEC. 7. ESTERS RENE BORERS OF THE ASSASSINATTON 11 USC 2107

RECORDS REVIEW BOARD.

any and to no There i establind a go orderero

b) APPOINTMENT.—(1) The President, by and with the advice Presides

nd consent of the Senate, shall appoint, without regard to politic

#o 195881

•.

---

## Page 137

14-00000

106 STAT. 3450

PUBLIC LAW 102-526-OСT. 26, 1992

enactment of this Act, the President shall consider for nomination

the persons recommended by the other organizations described in

subparagraph (A)

C) The President may request an organization described i

subparagraph (A) to submit additional nominations

(5) Persons nominated to the Review Board-

(A) shall be impartial private citizens, none of whom is

presently employed by any branch of the Government, and

none of whom shall have had any previous involvement with

any offcial investigation or inquiry conducted by a rederal,

State, or local government, relating to the assassination of

President John F. Kennedy:

(B) shall be distinguished persons of high national profes-

sional reputation in their respective fields who are capable

of exercising the independent and objective judgment necessary

to here, transmis ida to sle pabl

ensuring and facilitating

ic, and public disclosur

of records related to the assassination of President John F.

Kennedy and who possess an appreciation of the value of such

material to the public, scholars, and government; anc

(C) shall include at least 1 professional historian and 1

attorney.

(c) SECURITY CLEARANCES.-(1) All Review Board nominees

shall be granted the necessary security clearances in an accelerated

manner subject to the standard procedures for granting such clear-

Reports.

(3) 1

within 1

by the Cc

(e) V

in the 88

30 day c

elect one

(g) |

the Revi

of di

incap.

he

(2XÀ

and that

after the

on Goveri

the Comn

specilying

(B) Th

submitted

if necessar

or to prev

postpone o

the comple

tion requir

(3XA)

may obtair

menced in

Columbia

(B) Thi

relief by orr

(h) Cor

Board shall

of the ann

Executive ‹

Code, for ea

is engaged

(2) A n

travel expei

for employe

title 5, Uni

r reguli

se Review

and

(B) •

tion in e

this Act.

AROARtT+.. .

---

## Page 138

14-00000

und

st,

B8-

und

of

the

ion

ew

*An

ДБ,

ia-

not

ted

: of

ion

l in

: in

1 is

and

vith

5al,

e of

fes-

able

sary

ting

ture

1.F.

ruch

1d 1

nees

ated

ear-

ear®

ittee

em-

thin

,tion

the

ision

s to

PUBLIC LAW 102-526-OCT. 26, 1992

3) The Senate shall vote on each nominge to confirm or rejec

vithin 14 days in which the Senato is in session after reporte

(e) VACANCY. - A vacancy on the Roview Board shall be filled

in the same manner as specified for original appointment withir

80 days of ON To them here of the Review Board shall

106 STAT. 3451

(B) by the action of the President for inefficiency, neglect

of duty, malfeasance in oiñce, physica. disablity,

mental

incapacity, or any other condition that substantially impaira

the performance of the member'& duties.

(2XA) If a member of the Review Board is removed from office,

and that removal is by the President, not later than 10 days

after the removal the President shall submit to the Committee

on Government Operations of the House of Representatives and

the Committee on Governmental Affairs of the Senate a report

specifying the facts found and the grounds for the removal

B) The President shall publish in the federal Register a repor

submitted under paragraph (2XA), excopt that the President may.

Foderal

Register,

protein.

Reporta

the completion of such pending cases or pursuant to privacy protes-

tion requirements in law.

(3XA) A member of the Review Board removed from office

may obtain judicial review of the removal in a civil action com-

menced in the United States District Court for the District of

Columbia.

(B) The member may be reinstated or granted other appropriate

relief by order of the court.

(h) COMPENSATION OF MEMBERS. (1) A member of the Review

oard shall be compensated at a rate equal to the dally equaler

the annual rate of basic pay prescribed for level IV of ti

Executive Schedule under section 5315 of title 5, United States

Code, for each day (including travel time) during which the member

is engaged in the performance of the duties of the Review Board

(2) A member of the Review Board shall be allowed reasonable

the Review place of business in the performance of services for

(i) DUTIES OF THE REVIEW BOARD.—(1) The Review Board shall

consider and render decisions on a determination by a Government

face to seek to postpone the disclosure of assassination records

(2) In carrying

out paragraph (1), the Review Board shal

consider and render decisions

(A) whether a record constitutes an assassination record;

and

(B) whether an assassination record or particular informa-

tion in a record qualifies for postponement of disclosure under

this Act.

d- sait:

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## Page 139

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• ""...

106 STAT. 3452

PUBLIC LAW 102-526--OCT. 26, 1992

() POWERS. —1) The Review Board shall have the authorits

to act in a manner prescribed under this Act including authority

sons to compel testimony, records, and other information rel

evant to its responsibilities under this Act

'(D) require any Government office to account in writing

for the destruction of any records relating to the assassination

of President John F. Kennedy' frota the public regarding the

(E) receive information

identification and public disclosure of assassination records;

(F) hold hearings, administer oaths, and subpoena wit-

messes and documents.

(2) A subpoena issued under paragraph (INCKu) may b

enforced by any appropriate Federal court acting pursuant to

awful request of the Review Board

(k) WITNESS IMMUNITY. - The Review Board shall be considere

o title 18, United States Coded States for purposes of section 6002

(1) OVERSIGHT.— (1) The Committee on Government Operations

of the House of Representatives and the Committee on Govern-

mental Aflairs of the Senate shall have continung oversight juris-

diction with respect to the oficial conduct of the Review Board

Review Board, and sha attend so any teres ina or created

by the Review Board

(2) The Review Board shall have the duty to cooperate with

the exercise of such oversight jurisdiction.

(m) • SUPPORT SERVICES.-The Administrator of the General

Services Administration shall provide administrative services for

the Review Board on a reimbursable basis.

(in) INTERPRETIVE REGULATIONS.—The Review Board may issue

Reporte

accoun

all othe

(3)

transfer

Collecti

SEC. B.

(a)

the init

appoint

position

(2)

private

professi

of the

any oi

of Presi

(3X.

necessar

to the st

(B)

алсе рп

(4) 7

of th

actir

reco:

sure

(5) ?

other th

the grou

physical

substant:

Executive

the civil

regulatio:

ter 33 of

tional pe:

its Execu:

rocedu

security g

pee with

---

## Page 140

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PUBLIC LAW 102-526-OCT. 26, 1992

accounting of expenditures during its existenoe, and shall complete

all other reporting requirements under this Act

Colate, and to rot a loren at an a denied

SEC. & ASSASSINATTON RECORDS REVIEW BOARD PERSONNEL.

106 STAT. 3453

11 USC 2107

note.

position of Executive Director.

...

of President John F. Kennedy

(3XA) A candidate for Executive Director shall be granted the

necessary security clearances in an acolerated manner subject

to tag a dare no do to done day outy dear.

(4) The Executive Director shall-

A) serve as principal liaison to Government ofãces,

(B) be responsible for the administration and coordination

of the Review Board & review of records,

(C) I- responsible for the administration of all offcial

(5) The Executive Director shall not be removed for reasons

other than by a'majority vote of the Review Board for cause on

Executive Director or the staff of the Review Board

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

present employee of any branch of the Government and who has

haging prete the lessination of President John d Kennedy.

inquiry relating to the assassination of President Jobn F.

(3)A) A candidate for staff shall be granted the necessary

security clearances in an accelerated manner subject to the standard

procedures for granting such clearances

security A earance te for the in apart a bif he keen cesary

(c) COMPENSATION.-The Review Board shall fix the com-

pensation of the Executive Director and other personnel in acoord-

ance with title 5, United States Code, except that the rate of

pay for the Executive Director and other personnel may not exceed

with cit.

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## Page 141

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.

106 STAT. 3454

PUBLIC LAW 102-526-OCT. 26, 1992

the ate pay able for level V of the Executive Schedule under section

1o USC 2107

(2) Any advisory committee created by the Review Board shall

be subject to the Federal Advisory Committee Act (5 U.S.C. App.).

SEC. &. REVIEW OF RECORDS BY THE ASSASSINATION RECORDS

REVIEW BOARD.

Federal

Reblication.

rev l2) such transfer is necessary for an administrative hearing

r other othcal heview board functio

1) STARTUP REQUIREMENTS. -The Review Board shall-

publish e led than days a ber the date if it a records in;

..

(B) a Government record or particular information within

an assassination record qualifies for postponement of public

titutes, or summaries of such a record; an

(B) determine, in consultation with the originating bod

and consistent with the standards for postponement under this

Act, which of the following alternative forms of disclosure shall

be made by the originating body:

(i) Any reasonably segregable particular information

in an assassination record.

(ti) A substitute record for that information which is

postponed.

(m) 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

hall create and transmit to the Archivist a report containing.

(A) a description of actions by the Review Board, the orig

nating body, the President, or any Government office (including

& justification of any such action to postpone disclosure of

any record or part of any record) and of any official proceedings

overage a

sin.

•Bos

tior

wit.

for

sin:

this

sha

apF

TIO:

on

the

of:

Fec

app

Hor

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## Page 142

14-00000

nder section

1 shall have

in fulfilling

Board shall

J.S.C. App.).

N RECORDS

Pending the

oment office

purposes of

transfer of

nd impartial

tive hearing

all-

ppointment;

1 records in

{ enactment

sords under

The Review

transmitted

'ollection in

tion record;

ition within

it of public

of an assas-

parts, sub-

rating body

t under this

losure shall

information

on which is

particular

re of which

ibstitutions

view Board

ontaining.

1, the origi-

= including

sclosure of

proceedings

•

PUBLIC LAW 102-526—OCT. 26, 1992

inducted by the Review Board with regard to specific assas.

sination records; and

(B) a statement, based on a roview of the proceeding

nd in conformity with the decisions reflected therein, des

106 STAT. 3455

tion and publish a copy of the determination in the federal Register

within 14 days after the determination is made.

(B) Contemporaneous notice shall be made to the President

for Review Board determinations regarding executive branch assas-

sination records, and to the oversight committees designated in

this Act in the case of legislative branch recards. Such notice

shall contain a written unclassified justification for public disclosure

or postponement of disclosure, including an explanation of the

application of any standards contained in section 6.

(d) PRESIDENTIAL AUTHORITY OVER REVIEW BOARD DETERLONA.

MON.-

(1) PUBLIC DISCLOSURE OR POSTPONEMENT OF DISCLO

SURE.- After the Review Board has made a formal determina-

tion concerning the public disclosure or postponement of disclo

gure of an executive branch assassination record or information

within such a record, or of any information contained in an

assassination record,

obtained or developed solely within the

executive branch,

the President shall have the sole and

nondelegable authority to require the disclosure or postpone-

ment of such record or information under the standards set

forth in section 6, and the President shall provide the Review

Board with an unclassified written certification specifying the

President's decision within 30 days after the Review Board's

determination and notice to the executive branch agency as

required under this Act, stating the justification for the Presi-

dent's decision, including the applicable grounds for postpone

ment under section 6, accompanied by a copy of the identifica-

tion aid required under section 4.

tion set forth in section 4.

(3) RECORD OF PRESIDENTIAL, POSTPONEMENT.-The Review Federal

Board shall, upon its receipt, publish in the Federal Register

a copy of any unclassilied witten certification, statement, and

other materials transmitted by or on behalf of the President

with regard to postponement of assassination records.

the Not chat i oo caler days caled are days, beinnice

Federal

Register,

publication.

'sister di

криві;

---

## Page 143

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106 STAT. 3456

PUBLIC LAW 102-526-OCT. 26, 1992

es and requirements of the Review Board and its personne

B) The progress made on review. transmission to tl

under ri

undert any special problems, including requests and the level

¡ cooperation of Government otices, with regard to the abili

Ithe Review Board to operate as required by this A

(E) A record of review activities, including a record of

postponement decisions by the Review Board or other related

actions authorized by this Act, and a record of the volume

of records reviewed and postponed.

(F) Suggestions and requests to Congress for additional

legislative authority needs.

44 USC 2107

note.

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

STUDY.

b) SENSE Of CONGRESS.—It is the sense of the Congress that-

(1) the Attorney General should assist the Review Boar

in good faith to unseal any records that the Review Board

S

Si

b

8

t)

tc

sI

si

B

to

---

## Page 144

14-00000

escrip-

Board

gs, the

& Rep-

senate,

nment

cavity.

it is 1

reports

Board.

lowing

activi-

sonnel.

to the

records

rmance

1e level

ability

cord of

related

volume

ditional

stponed

•) made

section.

ork, the

int and

pecified

CTIONAL

General

release

'nt John

General

crecy of

raterials

s that

• Boar

* Board

PUBLIC LAW 102-526-OCT. 26, 1992

determines to be relevant and held under seal by a court

106 STAT. 3457

of and goree unif the der Sent Union, and i che

3) all Executive agencies should cooperate in full witi

he Review Board to soek the disclosure of all informatio

consistent with the public interest.

SEC. 11. RULES OF CONSTRUCTION.

shall take precedence over

transmission or disclosure,

crane to of tra diet or re with the optio don dio i verona

to the United States Government

(6) FREEDOM OF INFORMATION ACT.- Nothing in this Act shall

e construed to eliminate or limit any rigat to fle requests wit

ny executive agency or soek judicial review of the decisions pursi

ant to section 552 of title 5, United States Code.

preciude Judlas renev

States Code, of final actions taken or required to be taken under

this Act.

(d) EXISTING AUTHORTTY.-Nothing in this Act revokes or limits

Senate, or the House of Representatives,

the Government to publicly disclose records in its possession

(e) RULES OF THE SENATE AND HOUSE OF REPRESENTATIVES.-

To the extent that any provision of this Act establishes a procedur

to be followed in the Senate or the House of Representatives,

such provision is adopted—

14 USC 2107

note

(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 manaer, and to the

same extent as in the case of any other rule of that House

SEC. 12. TERMINATION OF EFFECT OF ACT.

40 USC 2107

to section 7(o).

-

---

## Page 145

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.

.....

..:

106 STAT. 3458

PUBLIC LAW 102-526~OCT. 26, 1992

10 USC 2107

SEC. 13. AUTHORIZATION OF APPROPRIATIONS.

14 USC 2107

note.

Approved October 26, 1992.

LEGISLATIVE HISTORY -S. 3006 (H.J. Res. 454):

Jug. 11, 12, idded a 4 considered and passed House

Aug. 11, 12, H.J. Res.

ept. 30, S. 3006 considered and passed House

WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 28 (1992)

Oct. 26, Presidential statement.

- i..

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## Page 146

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.........

CIA HAS NO OR SCHOUTO

DECLAR

FORMATION

Analysis of the President John F. Kennedy

Assassination Records Collection Act of 1992

June 6, 1995

T. Jeremy Gunn

---

## Page 147

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-2-.

Introduction

Part I: Statutory Duties of the Review Board

Part II: Statutory Powers of the Review Board

Enumeration of all powers

Subpoena power..

Immunity power

Power to order federal offices to comply with the JFK Act ..

Power to require government offices to transfer records

to the Review Board .

Part III: Review Procedures, Voting, Quorums, and Transfer of

Records to NARA

A. Review Board Quorum and Voting Requirements

B. Statutory Constraints on Postponement Decisions

C. Review Board Reporting Requirements ...

D. The Role of the President (Executive Branch Records) ....

E. The Role of the Congress (Legislative Branch Records)

F. Transfer of Records to NARA

3

3

7

7

10

10

11

11

12

13

15

15

.17

18

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## Page 148

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- 3-

Part IV: Responsibilities of Government Offices under the JEK Act .......

Obligations of all government offices possessing assassination

records

Specific obligation of Presidential and other libraries to

comply with the JFK Act …

General obligations to cooperate with the Review Board ...

Specific obligations of Justice and State to cooperate with the

Review Boara..............................

18

18

19

19

19

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## Page 149

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Introduction

This memorandum analyzes the principal duties, responsibilities, and procedures of the

Assassination Records Review Board (Review Board) and other government offices

under the President John F. Kennedy Records Collection Act of 1992 (the "JFK Act" or

"the Statute"). Because the JFK Act establishes the duties and powers of the

Assassination Records Review Board, it is important to understand the scope of the

Statute's provisions and anticipate its potential pitfalls. This memorandum - which is

based principally on an analysis of the JFK Act and its Senate Report' - identifies: (a)

he statutory provisions governing the Review Board's duties, including all of the

'oard's reporting obligations under the Statute; (b) the Board's powers under the JFT

Act; (c) the statutory procedures governing the review process, and (d) the

responsibilities of other governmental entities to further the goals of the Statute.'

Part I: Statutory Duties of the Assassination Records Review Board

The JFK Act does not systematically set forth the duties of the Review Board. Rather,

the description of the Board's duties are interspersed among several different statutory

'S. Rep. No. 102-328, 102d Cong., 2d Sess. (1992) ("Senate Report"), reprinted in

part, in 1992 U.S.C.C.A.N. 2965. The Senate Report provides, inter alia, a section-by-

section analysis of the final Senate version of the JFK Act.

¿This memorandum does not address the substantive guidelines pertaining to -

postponements that are addressed in Section 6.

3This memorandum is designed to identify comprehensively the issues that are

of immediate importance and concern to the Board. Accordingly, some important

statutory provisions that are not of immediate concern are not discussed. For example,

there is no discussion of the qualifications or appointment of Board members (Sec. 7(b)),

removal of Board members (Sec. 7(g)), definitions (unless they pertain to the review

process or the powers of the Board) (Sec. 3), or provisions pertaining to the hiring of

staff (Sec. 8(b)).

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## Page 150

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- 5-.

provisions." With the exception of the Board's procedural duties related to the review

process, which will be described in Part Ill below, the remaining duties (including

reporting obligations) of the Board are as follows:

First, the Board should publish a schedule for review of records in the Federal Register.

"The Review Board shall . .. not later than 90 days after the date of its appointment,

publish a schedule for review of all assassination records in the Federal Register." Sec.

9(b)(1). The Statute does not disclose the meaning of "schedule" - that is whether it is a

list or a time frame. Assuming an enactment date of October 6, 1994,5 a "schedule"

should have been published by January 2, 1995. Although the Review Board does not

have sufficient information to draft or to describe with particularity such a schedule, it

would be advisable to prepare promptly a general schedule so that the Board will come

into compliance as soon as possible with this provision of the Statute:

"The sections of the JFK Act may be described as follows:

Section 1

Section 2

Section 3

Section 4

Section 5

Short Title

Findings, Declarations, and Purposes

Definitions

Creation and Implementation of the JFK Collection at NARA

Government Office Responsibilities (identify, review, and transfer

records)

Section 6

Section 7

Section 8

Section 9

Section 10

Section 11

Section 12

Section 13

Section 14

Grounds for Postponement of Assassination Records

Establishment and Powers of Review Board

Review Board Staff

Review of Records by the Review Board

Records Under Seal; Foreign Records

Rules of Statutory Construction

Termination of the JFK Act

Appropriations

-'

Severability Clause

Several of the Board's reporting obligations are triggered by the date of

enactment of the Statute. In addition to the requirement to publish a schedule raised

above, another such example is that the Board's first annual "report shall be issued on

the date that is 1 year after the date of enactment of this Act...." Sec. 9(f)(2).

Technically, the date of enactment was October 26, 1992, although this memorandum

will assume that the "date of enactment" for the Board's purposes - although not for

the purposes of the obligations of other government offices - was October 6, 1994, the

date the technical amendments were enacted. Pub.L. 103-345 §§ 2 to 5, 108 Stat. 3128-

3130.

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## Page 151

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- б

Second, the Board should have begun its review of records by the first week of April,

1995. "The Review Board shall ... not later than 180 days after the date of enactment of

this Act, begin its review of assassination records under this Act." Sec. 9(b)(2).

Technically, the Board has begun its review — although it has as of yet made no final

decisions. In order to comply with the "spirit" of the Statute, the Board should begin

making decisions promptly.

Third, the Board must submit four ongoing reports regarding the results of its decisions

to postpone or to release information. The Board has four separate reporting

requirements for describing the ongoing results of its decisions. First, the Board is

required to report the results of its decisions on a document-by-document basis to the

government office whose records it is reviewing as well as to the President (or to

Congress in the case of legislative records). Second, the results of decisions must be

reported in the Federal Register within 14 days of the date of the decision. Third, the

Board must make a monthly summary report in the Federal Register. Fourth, the Board

must prepare a document-by-document report to be submitted to NARA that describes

the decision-making process for each record. Sec. 9(c)(3).

Fourth, the Board must produce an Annual Report to Congress. The Board must submit

an Annual Report to Congress on the anniversary of the enactment of the legislation.

Thus the Board's first Annual Report is due on or before October 6, 1995. The Annual

Report must include information on the following topics: (a) finances; (b) progress

made on review; (c) estimates for completion of the review; (d) any special problems

(including the degree of cooperation of government agencies); (e) a record of the

volume of records reviewed and a summary of decisions; (f) an explanation of any

additional needs of the Review Board; and (g) an appendix containing copies of reports

of postponed records. Sec. 9(f)(3).

Fifth, the Board must produce a Final Report. "Upon its termination, the Review Board

shall submit reports to the President and the Congress including a complete and

accurate accounting of expenditures during its existence, and shall complete all other

reporting requirements under this Act." Sec. 7(0)(2).

Sixth, the Board must inform the President and Congress in advance of the termination

of its activities. The Review Board must give Congress 90 days notice of the anticipated

termination date for its operations. Sec. 9(f)(4).

Seventh, the Board must transfer its own records to NARA. "[A]ll Review Board

records" are to be transferred to NARA. Sec. 4 (a)(2)(C). See also 7(1) and 7(o)(3). The

Statute is silent on the question whether the Review Board must prepare Record

Identification Forms (or Identification Aids) for its own records prior to their

:..

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## Page 152

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submission to NARA.

Eighth, the Review Board is under the Oversight Jurisdiction of the Appropriate Senate

and House Committees. The Review Board operates under the continuing oversight

jurisdiction of House and Senate committees. Sec. 7(1).

Part II: Statutory Powers of the Review Board.

The powers granted to the Review Board are not listed in any single section of the

Statute, but are instead interspersed throughout. The Review Board's powers will first

be enumerated below, followed by a more detailed discussion of the four most

significant powers: the subpoena power; the power to grant immunity; powers to order

federal agencies to comply with the Statute; and the power to require the transfer of

records to the Review Board.

Enumeration of powers. The JFK Act grants the Review Board the authority to:

(1)

"direct Government offices to complete identification aids and organize

assassination records"' Sec. 7(j)(1)(A).

(2)

"direct Government offices to transmit to the Archivist assassination

records"' Sec. 7(j)(1)(B); see also Sec. 9(1).

(3)

(4)

(5)

"direct Government offices" to provide "substitutes and summaries of

[postponed] assassination records" Sec. 7(j)(1)(B) (emphasis added).

"obtain access to assassination records that have been identified and

organized by a Government office" Sec. 7(i) (1(C)(i).

"direct a Government office to ... make available additional information,

records, or testimony from individuals" and, "if necessaryl] investigate

the facts surrounding additional information, records, or testimony from

individuals" provided that the "Review Board has reason to believe" that

obtaining such additional information "is required to fulfill its functions

and responsibilities under this Act." Sec. 7(j)(1)(C)(ii).

*The Board is given some additional authority that is not important for present

purposes, such as the power to "receive information from the public," "use the Federal

Supply Service" and "use the United States mails...." Sec. 7(j)(E), (G), and (H). The

Review Board also may use the services of GSA. Sec. 7(m).

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## Page 153

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(6)

(7)

(8)

(9)

(10)

(11)

(12)

(13)

(14)

(15)

- 8-

"request the Attorney General to subpoena private persons to compel

testimony, records, and other information" Sec. 7(j)(1)(C)(iii) (see

discussion below).

"require any Government office to account in writing for the destruction

of any records relating to the assassination" Sec. 7(i)(1)(D).

"hold hearings, administer oaths, and subpoena witnesses and

documents." Sec. 7(j)(1)(F) (see discussion below)..

grant immunity to witnesses. Sec. 7(k} (see discussion below).

issue interpretive regulations. Sec. 7(n).

extend its tenure by one additional year from September 30, 1996 to

September 30, 1997. Sec. 7(0)(1).

create advisory committees Sec. 8(d)(1).

require Government offices to transfer assassination records to the Review

Board. Sec. 5(b); Sec. 5(c)(2)(E); Sec. 9(a) (see discussion below).

"request the Attorney General to petition any court in the United States or

abroad to release any information relevant to the assassination...." Sec.

10(a)(1) (see discussion in Part IV below).

"request the Attorney General to petition any court in the United States to

release any information relevant to the assassination... that is held under

the injunction of secrecy of a grand jury." Sec. 10(b)(1).* (see discussion in

Part IV below).

Subpoena power. The JFK Act is ambiguous with respect to the Review Board's

subpoena powers. The Statute refers to the subpoena power in two provisions. The

Statute first states that the Review Board has the authority to "request the Attorney

General to subpoena private persons to compel testimony, records, and other

information" Sec. 7(j)(1)(C)(iii) (emphasis added). This provision may be read in one of

'Items (1) through (9) are also identified in the Senate Report 42-43.

"Such requests are deemed to constitute "a particularized need" under Rule 6 of

the Federal Rules of Criminal Procedure. Sec. 10(a)(2)(B).

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## Page 154

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- 9 -

two different ways. It could be read to give the Board authority only to request the

issistance of the Attorney General, but not to have the authority to issue subpoenas or

its own behalf. The second way of reading the provision is that the Board has the

power to issue subpoenas on its own authority and that it may request the Attorney

General to provide assistance to the Board in issuing such subpoenas.

The second provision of the Statute that addresses the subpoena power provides that

tandem with the earlier provision, meaning that the Board may issue subpoenas only

with the Attorney General's authorization. Second, it could mean that the Board may

• issue subpoenas on its own authority, but only as ancillary to holding hearings. Finally,

the provision could be a simple and direct grant of authority to the Review Board to

issue subpoenas.

Although the Statute on its face does not clearly require or exclude any of these

interpretations, the Senate Report provides useful guidance in its statement that the

Review Board has the full power to issue subpoenas on its own authority and that the

role of the Attorney General is simply to provide additional assistance to the Board.

The Senate Réport interprets the JFK Act as providing that: "[The Review Board

has the authority to subpoena private persons and to enforce the subpoenas through

the courts.")

Because the Senate Report speaks clearly, and because it can be read consistently with

the Statute,

1° the Review Board may reasonably conclude that it may issue subpoenas

on its own authority and that the role of the Attorney General is to provide assistance to

the Board." However, because there is a degree of ambiguity in the Statute, it would be

prudent for the Board to reach an understanding with the Attorney General prior to the

issuance of its first subpoena.

"Senate Report 19 (emphasis added).

'Under federal law, an agency is entitled to "substantial deference" when

interpreting its own enabling legislation, provided that its interpretation is

"reasonable."

"Moreover, it should perhaps be noted that the grant of the subpoena power to

an agency, such as the Board, implies that the power may be extended to the staff when

acting in accordance with the Board's authority. See Administrative Procedure Act, 5

U.S.C. 556(c).

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## Page 155

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- 10 -

Immunity power. The Board is granted the power to immunize witnesses from criminal

prosecution. Sec. 7(k). This is an important power that can be very useful in eliciting

testimony from reluctant witnesses. Because granting of immunity may affect the

prosecutorial function, it would be advisable to consult in advance with the Attorney

General regarding the manner and procedures for immunizing witnesses.

Power to order federal offices to comply with the JFK Act. The Board is given the

authority to order government offices within the executive and legislative branches to

comply with the terms of the JFK Act. Thus the Board may "direct a Government

office to ... make availabte additional information, records, or testimony from

individuals" and, "if necessaryl,] investigate the facts surrounding additional

information, records, or testimony from individuals" provided that the "Review Board

has reason to believe" that obtaining such additional information "is required to fulfill

its functions and responsibilities under this Act." Sec. 7(j)(1)(C)(ii).

The Senate Report speaks of this particular power as being "extremely important to the

proper implementation and effectiveness of the Act because it provides the Review

Board with the authority to seek the fullest disclosure possible by going beyond the

information and records which government offices initially chose to make available to

the public and the Review Board."13 The Report further presumes that all government

offices should "comply expeditiously to satisfy the Review Board's request and need for

"14 The Senate Report summarizes this by stating that: "the Review Board has

the authority to direct any government office to produce additional information and

records which it believes are related to the assassination."15

Although the Board is granted the power to order government offices to comply, there

remains the question of what measures are available to the Board in order to enforce

compliance. The Statute does not, however, answer this question. Under general

provisions of federal law, one agency does not have the power to seek judicial relief

against another agency unless it is specifically granted power to do so in its enabling

'The Statute defines "government office" as "any office of the Federal

Government that has possession or control of assassination records" (Sec. 5), which

would seem to extend to the judiciary as well. However, the specific examples listed in

Section 5 are all from the executive and legislative branches.

I3Senate Report 31.

"Senate Report 31.

ISenate Report 19 (emphasis added).

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## Page 156

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legislation. The JFK Act does not clearly provide the Board with such power. In the

Attorney General, they may lack the means to generate valid litigation that would test

its correctness ....'

81117

Power to require government offices to transfer records to the Review Board.

Government agencies are to maintain custody of their own records during the review

process unless "the Review Board requires the physical transfer of records for purposes

of conducting an independent and impartial review" or "transfer is necessary for an

administrative hearing or other Review Board function...." Sec. 5(b). See also

5(ç)(2)(E); Sec. 9(a). Agencies also are instructed to make records available for the

Review Board's inspection. Sec. 5(b) and 5(c)(2)(E-F); 5(c)(2)(H) - including any records

about which there is any uncertainty as to whether they are assassination records. Sec.

5(c)(2)(F). Agencies also must "[make available to the Review Board any additional

information and records that the Review Board has reason to believe it requires for

conducting a review under this Act." Sec. 5(c) (2)(H).

Part III: Statutory Guidance on Review Procedures and Transfer of Records to

NARA.

The JFK Act establishes general guidelines for the procedures to be followed in

reviewing records. The basic procedures are relatively straightforward: government

offices that possess assassination records are to locate and review the records to

determine what can be released and what should be postponed. The postponed records

are then to be made available to the Review Board for its independent assessment. But

there are many questions left unanswered. For example, agencies are allowed to

present "clear and convincing evidence" in order to sustain their postponements, but inc

*The President could, of course, solve the political aspects of an inter-agency

dispute by ordering the relevant agency to comply with his directives.

"William F. Fox, Jr., Understanding Administrative Law 60 (2d ed. 1992) (quoting

Peter Strauss, An Introduction to Administrative Justice in the United States 101 n. 152

(1989).

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mechanism is established for when and how such evidence should be presented. 18

The JFK Act provides two types of guidance relating to the review process. First, the

Statute provides substantive guidance relating to postponements. Second, the Statute

explains the basic procedural steps that follow from the Review Board's decisions. This

memorandum addresses only the procedural steps established by the Statute.!º

A. Review Board Quorum and Voting Requirements.

The JFK Act does not directly address quorum or voting requirements for Board

meetings. The sole relevant guidance from the Act is its repeated statement that it

presumes disclosure, which suggests that a majority of the members of the Board would

need to vote for a postponement (rather than requiring a majority to vote for a release)

in order for the postponement to be sustained. "

I8Given the absence of clear statutory guidance on the question of when agencies

should be able to present their evidence, it would be appropriate for the Review Board

to consult with the government offices to determine efficient, fair, and reasonable

procedures to afford opportunities to present evidence. The Senate Report offers the

following guidance: "to the extent possible, consultation with the government offices

creates an understanding on each side as to the basis and reasons for their respective

recommendations and determinations." Senate Report 31.

"The substantive rules relating to postponement decisions will be addressed in a

separate memorandum.

2See, for example, "The underlying principles guiding the legislation are

independence, public confidence, efficiency and cost effectiveness, speed of records

disclosure, and enforceability. In order to achieve these objectives, the Act creates a

presumption of disclosure upon the government, and it establishes an expeditious

process for the review and disclosure of the records." Senate Report 17.

The JFK Act is, however, silent on several procedural issues affecting internal Review

Board decisionmaking, including: (a) whether Board voting must be by a majority or

supermajority; (b) whether the statutory presumption of disclosure necessarily implies

that a majority (or supermajority) must vote against release rather than requiring a

majority (or supermajority) to favor release: (c) whether the statutory presumption

favoring disclosure implies that a "tie vote" requires release of information; (d) what

constitutes a quorum for the purpose of decisions on the release of information and for

other purposes; (e) whether the Board may delegate some or all of its postponement

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The Administrative Procedures Act, which regulates agency rulemaking and establishes

federal agency notice and publication requirements, does not establish rules governing

agencies' internal rulemaking and voting requirements, although the Sunshine Act does

establish some limited voting requirements related to decisions on holding meetings."]

Similarly, Executive Order 12,866 (Sept. 30, 1993), exempts from reporting requirements

those rules that "are limited to agency organization, management, or personnel

matters...."2 Accordingly, the significant legal restriction on the Board's internal

voting procedures, quorum requirements, and other internal operating procedures, is

that they be reasonable and rational. 23

It would be advisable for the Review Board to establish voting and quorum

requirements as soon as practicable. Although the law does not require the formal

establishment of voting and quorum requirements, it would probably be advisable for

the Board to establish such rules (subject to later revision or amendment) and to make

the rules and procedures available for public inspection in the Reading Room.

B. Statutory Constraints on Postponement Decisions.

...

The Statute provides that when postponements are sustained in whole or in part, the

Board must nevertheless disclose as much information as possible - including through

the use of substitute language. The Statute requires that whenever a record cannot be

decisions to subcommittees of the Board; (f) whether a roll-call is required; and (g)

whether the votes of the individual members must be recorded.

2' The relevant portion of the Administrative Procedure Act provides that the

reporting requirements that pertain to most federal rulemaking procedures do not

apply to an agency's "interpretive rules, general statements of policy, or rules of agency

organization, procedure, or practice...." 5 U.S.C. 553(b)(A). The Administrative

Procedures Act contains some quorum and voting requirements with respect to

noticing meetings. 5 U.S.C. 552b.

2Exec. Order No. 12,866.

23See, for example, Idaho v. ICC, 939 F.2d 784, 788 (9th Cir. 1991) ("In the absence

of Congress' explicit direction, the [Interstate Commerce] Commission is empowered to

prescribe regulations and procedures to carry out [its obligations under its enabling

statute]. We need only satisfy ourselves that the Commission set forth a rational basis

for its notational vote counting policy.")

---

## Page 159

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disclosed in its entirety, the Review Board shall attempt to "provide for the disclosure

sustage le parts perimes or sunsmarten witch origi. ng body anal oistent

with the standards for postponement under this Act...." Sec. 9(c)(2)(B). Although this

language provides that the substitutes shall be drafted in consultation with the

agencies, the Statute does not disclose when, how, or under what circumstances such

consultations should take place.?* The Senate Report nevertheless presumes that

because the Statute mandates broad disclosure, the need for such summaries will be

infrequent.

While it is intended that government officels) shall have the ability to

issue such substitutes or summaries in lieu of an actual record, this

practice should be limited to the rarest cases if ever, with the

-

understanding that the release of information other than official records

will perpetuate public distrust and undermine public confidence in the

government's responsibility to disclose the assassination records.25

2*The Statute requires that:

all postponed assassination records determined to require continued

postponement shall require an unclassified written description of the

reason for such continued postponement. Such description shall be

provided to the Archivist and published in the Federal Register upon

determination.

Sec. 5(g)(2)(B). The Statute does not state which entity bears the responsibility for

drafting written explanations for continued postponements. Because the requirement is

placed in Section 5 of the JFK Act, it would appear that the obligation would belong to

the Government office that was in possession of the records in question. The specific.

provision in which the requirement appears, Subsection (g), is titled "Periodic review of

postponed assassination records." Thus the location of the requirement within the

Statute, the title of the section, and the subtitle of subsection all point to the requirement

of drafting the written description for the reason for the postponement as adhering to

the Government office where the record originated. Although neither the language nor

the location of the subsection obligates the Review Board to undertake the

responsibility, it may, as a practical matter, be advisable for the Review Board to accept

the burden.

25Senate Report 45.

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## Page 160

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C. Review Board Reporting Requirements.

Once the Review Board has made its decision, it must report the results to the.

government office whose record has been reviewed, to the President (or Congress), to

NARA, and in the Federal Register. (See Part I above.) The Board must not only report

its decisions in a timely manner, but it must report specific types of information about

its decisions.

Timing of reports. After a decision is made to postpone or to release a document, "the

Review Board shall notify the head of the originating body of its determination and

publish a copy of the determination in the Federal Register within 14 days after the

determination is made." Sec. 9(c)(4)(A). At the same time (i.e., within 14 days), the

Review Board must give notice regarding its decisions to the President (for Executive

Branch records) or to the Congressional oversight committees (for Legislative Branch

records). Sec. 9(c)(4)(B). In addition, there must be ongoing monthly reports to the

Federal Register.

Content of the Reports to the President, Congress, and the originating office. The

Report to the President (or Congress) and to the originating office "shall contain a

written unclassified justification for public disclosure or postponement of disclosure,

including an explanation of the application of any standards contained in section 6."

Sec. 9(c)(4)(B).

Content of monthly reports in the Federal Register. There must be a "Notice to the

Public" of decisions once every 30 days in Federal Register. (Sec. 9(d)(3)). These notices

must include "a description of the subject, originating agency, length or other physical

description, and each ground for postponement that is relied upon." Sec. 9(e).

Content of the Report to NARA. For each postponed record, the Board must send a

Report to the Archivist containing the following information: (a) a description of

actions; and (b) a specified time or occurrence for the record to be opened. (Although

the Statute requires a form for NARA and for the Agencies, it appears that the forms.

could easily be consolidated so as to include the relevant information and prevent

unnecessary duplication.)

D. The Role of the President (Executive Branch Records).

The Statute provides no clear guidance with respect to the mechanics of Presidential

review of Board decisions. It is frequently assumed in discussions of the JFK Act that

the President's role is that of route of appeal for an agency that is displeased with a

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## Page 161

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decision by the Board. This is not, however, what the Statute provides. According to

the Statute, the President possesses the full power and authority to make all decisions

for both postponement and disclosure of executive branch records. According to the

Statute, once the Board makes a

formal determination... the President shall have the sole and

nondelegable authority to require the disclosure or postponement of such

record or information under the standards set forth in section 6, and the

resident shall provide the Review Board with an unclassified writter

certification specifying the President's decision with 30 days... stating the

justification for the president's decision, including the applicable grounds

for postponement under section 6, accompanied by a copy of the

identification aid....

Sec. 9(d)(1) (emphasis added)." This language clearly suggests that it is not the Board

that makes decisions, subject to appeal by the President, but it is the President that

makes decisions after having been informed of the Board's "formal determination."

The Senate Report makes the same point: "the President has the sole and nondelegable

authority to require the disclosure or postponement of such record or information

26The provision acknowledging presidential authority over executive branch

records intentionally excluded the President from any responsibility over legislative

branch records. Senate Report 32. The Senate Report recognizes that there might be a

dispute between the President and the Congress with respect to identifying records as

executive or congressional:

For example, within the files of the House Select Committee on

Arosination ained o there opetat note lina rely ine third agency

rule in the Act, the CIA could choose to recommend that the Review

Board postpone those portions which it identifies as originating at the

CIA. If the Review Board declined the recommendation and the President

sought to override the determination, the President would be limited to

postpone those sentences or words which were originated or developed

by the CIA. The remainder of the document would have to be publicly

disclosed.

Senate Report 32.

2 Postponement decisions made by the President continue to be subject to

periodic review and downgrading. Sec. 9(d)(2).

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## Page 162

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under the standards set forth in section 6, and the President must provide the Review

Board with an unclassified written certification specifying his decision within 30 days

after the Review. "28

Although the Statute requires the President to be faithful to the requirements of section

6 of the Act when making his decisions, there is no procedural mechanism either to

ensure that the President fulfills this responsibility or that he complies within the

statutorily mandated 30 day period.

Given these constraints, it would seem advisable for the Review Board to begin

negotiations with the White House for the disposition of records once the Board has

made its "formal determination." It may be that the White House, which no doubt does

not want to be distracted from its other duties by confronting the task of a document-

by-document review, will be willing adopt a procedure that effectively ratifies the

Board's decision within thirty days unless an agency makes a particularized appeal.

The Statute does not seem to require the President to make such an agreement, but it

would seem to be consistent with the Statute, to be time and effort efficient, and to

spare all parties needless confusion.

Once the Review Board is notified of the President's decision, it must memorialize that

decision on the record form that it forwards to NARA. Sec. 9(d)(3).

E. The Role of the Congress (Legislative Branch Records).

Unlike Executive Branch records, where the President retains final decisionmaking

authority, legislative records are not subject to further procedural review by Congress.

Although Congress must be notified of the Board's decisions, it does not have a role

comparable to that which the President retains for executive branch documents. The

Review Board's decisions are thus automatic, with one important exception: Congress

retains the power to pass a resolution in both houses to limit the Review Board's

actions. The Senate Report explains that "[flor congressional records, in the event that

the Congress disagrees with a determination by the Review Board, each House would

be required to adopt a resolution to change or create a rule governing the disposition of

its records at issue."? This suggests that Congress will remove itself from the

28Senate Report 46.

29 Senate Report 18. Elsewhere the Report explains this in somewhat different

terms: when documents contain both executive and legislative equities, the President

may protect only executive branch interests.

"The remainder of the document would

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## Page 163

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- 18-.

document-by-document review process, but could undercut the Review Board's

decisions if it becomes sufficiently disturbed by the Board's decisions.

F. Transfer of Records to NARA.

Once the executive and legislative branch records decisions are final, the Board is

required to transfer the original records and identification forms directly to NARA.

Sec. 4 (d)(2). The Senate Report clearly anticipates that all originals will be transferred

to the JFK Collection, regardless of whether there are continuing postponements. "The

Committee believes that such review should occur at a single facility. That will be most

effectively achieved by bringing the review committee to the documents and not vice

versa. ... [There is less likelihood of loss or destruction, and therefore ease of access at

a single central location. '30

The records at NARA will be subject to periodic and continuing review, even after the

Review Board ceases to operate. The periodic review will be conducted jointly by

NARA and the originating body. "All postponed or redacted records shall be reviewed

periodically by the originating agency and the Archivist consistent with the

recommendations of the Review Board under section 9(c)(3)(B)." Sec. 5(g)(1). For -

congressional records, the House and Senate committees "shall have continuing

oversight jurisdiction with respect to ... the disposition of postponed records after

termination of the Review Board." Sec. 7(1). The Act "shall continue in effect until such

time as the Archivist certifies to the President and the Congress that all assassination

records have been made available to the public in accordance with the Act." Sec. 12(b).

Part IV: Statutory Responsibilities of Government Offices under the JFK Act

Obligations of all Government offices possessing assassination records. The Statute

required all government offices possessing assassination records to "review, identify

and organize each assassination record in its custody or possession for disclosure to the

public, review by the Review Board, and transmission to the Archivist." Sec. 5(c)(1).

This provision effectively ordered agencies to have completed the review process by

August, 1993. The Senate Report is even more explicit: "Government offices holding

assassination records are required to begin organizing and reviewing such records

have to be publicly disclosed." Senate Report 32.

3ºSenate Report 25.

: =

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## Page 164

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upon enactment and have this work completed within ten months of enactment. "31

Specific Obligation of Presidential and Other Libraries to Comply with JFK Act.

The Statute instructs P' residential libraries to give priority to processing assassination

records. Sec. 5(c)(3). According to the Senate Report, the JFK Act "specifically requires

the directors of presidential libraries to expedite the review of all assassination records

and make them available to the Review Board as required by this Act. It is incumbent

on the presidential libraries to determine which of its records may qualify as

'assassination records', regardless of whether the records were conveyed to the

government by a deed or gift or donation.... "32

General Obligations to Cooperate With the Review Board. In addition to their

statutory obligations to identify and review assassination records, it is the sense of

Congress that "all Executive agencies should cooperate in full with the Review Board to

seek the disclosure of all information relevant to the assassination of President John F.

Kennedy consistent with the public interest." Sec. 10(b)(3).

Specific Obligations of Justice and State to Cooperate With the Review Board. The

Department of Justice and the Department of State are given particularized

responsibilities to assist the Review Board. The Attorney General is to assist in issuing

subpoenas, obtaining court records, and obtaining Grand Jury testimony under seal.

Sec. 10(a)(1)-(2) and 10(b)(1). The Statute also provides that it is "the sense of Congress"

that the Secretary of State should assist the Review Board in obtaining records from

foreign governments. Sec. 10(b)(2).

'Senate Report 18. See also ibid at 38, 39 (300. days).

Senate Report 26.

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## Page 165

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ADMINISTRATIVE - INTERNAL USE ONLY

From the Desk of Robert J. Eatinger

NOTE FOR:

J. Barry Harrelson @ DA

FROM:

Robert J. Eatinger @ DCI

DATE:

06/14/95 06:14:47 PM

SUBJECT:

ARRB Questions

The JFK Assassination Records Review Board (ARRB) has indicated that they wish to take possession of the original records from CIA in

order to conduct their review of the postponements sought by the Agency those records. Further, the ARRB has stated that the JFK Act

(44 USC 2107 note) gives them the responsibility for transferring records to the National Archives and Records Administration, not the

originating agency. You asked me to review the JFK Act and comment on these positions.

The JFK Act provides that the original records are to be held by the originating agency unless physical transfer is required to let the Board

do its job. The Act states at section 9(a):

Pending the outcome of the Review Board's review activity, a Government

office shall retain custody of assassination records for purposes of preservation,

security, and efficiency, unless-

(1) the Review Board requires the physical transfer of records for reasons of

conducting an independent and impartial review; or

(2) such transfer is necessary for an administrative hearing or other official

Review Board function.

You should see also Section 5(b) of the Act which reposes in the originating agencies the responsibility to retain assassination records

pending review activity by the ARRB.

I understand that the Board believes that the process of it coming to CIA to review the records may not be working well. It may then be

arguing that it cannot adequately perform its function of reviewing unless it has the records. Unfortunately, if the Agency disagrees for

security reasons, there is no arbiter set forth in the Act.

On the second issue, the JFK Act is clear. The Board does not transfer records to NARA. The powers of the Board are set forth in

section 7(j) of the Act. In that section, the Board has the power to "direct Government offices to transmit to the Archivist assassination

records as required under this Act.... Further, Section 9(c), which discusses determinations of the Board provides that "(1) The Review

Board shall direct that all assassination records be transmitted to the Archivist and disclosed to the public in the Collection in the absence

of clear and convincing evidence that..." Section 5(e) of the JFK Act provides the actual responsibility to transfer records to NARA to the

originating agencies, not to the ARRB.

Section 7(i) sets forth the duties of the Review Board and it does not list the transfer of assassination records to NARA. Its duties are

only to render decisions whether records are assassination records under the Act, and whether information in an assassination record

qualifies for postponement under the Act.

Thus, if the ARRB is arguing that it must take custody of the original records in order to meet its duty to transfer those records to NARA

it is wrong. The statute clearly contemplates that the records remain with the originating agency in normal circumstances and only that

the ARRB can direct its transfer once it has ruled on postponements.

CC:

Paula A. Sweeney/

ADMINISTRATIVE - INTERNAL USE ONLY

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÷1.495

THU 11.50 FAX 202 721 0157

ARRB

8002

Federal Register / Vol. GO. No. 124 / Wednesday, June 28, 1995 / Rules and Rogulitions 33345

(0) of thus sertion shall be completed by

Octoiner 1. 1995.

paragraph (o) of this stution shall be

completed by Ocloburt, 1995.

PANT 192G SAFETY AND HEALTH

REGULATIONS FOR CONSTRUCTION

s. The authony citation of subpart 2

of 29 CFR Part 1936 is revised lu read

IER Do: 95-155961 F1les1 6-27-95, 8750m0l

BILLING COON ASSOJAM

DEPARTMENT OF EDUCATION

Authority: Secluns G Hial H, Decupation,

Saily and Health 161, 39 US C. U85.65%

Seicher of Labur a Cordura Nos 12-71136

FK 87541 8-76 141 FK 25059). 9-83X48 FK

35730/ 017-90155 FN YUD3) is applicable.

an129 CFA pan 1911

Section 1936. 1101 alsu Issued under 5

Suction 1920.1102 nul Ssued uDUC: 29

LSr. 6800s2901'R par 1411. aiso listled

under 5 Li.5.C§:3

seclon 19ld 1143 through 1936 1118 olsu

lisuod undes 29 V.S.C 653

Suctus 19201128 sou maned under 29

Suckson y026.1145 and 1426 1147 also

Issued under 29 U.S € 697

section, 1916 1190 alad issued under 20

Section 1926.1101 1s amended by

vising paragraph iqb to read as follow's:

§ 1926.1101

Asbestos.

(g) Dates. (1) This standard shall

bocome aficetive Octobor 11, 1994.

(2) The provisions of ?0 CFK 1936.58

remain an dilece until lia star-up dares

of the equivalere provisions ni dels

13: 180r ep closes. Ali obligations of

dule ei xrilopel as follows

(1) Melliods of compliance. The

engineering and work percice cuntruls

required by paragraph (g) uf lins sectiul

still be implemented by October 1.

(11) Mespiralory prolection.

Ruspiralory protection required by

paragraph (h) of this secuun shall t

provided by Octobor 1, 1995

(iio) tigene facilities and proctices

jur employres. Hygience locates and

practices rogured by paragraph (p) oi

this section shall be provaded by

Octobur 1,1994.

(ir) Conimunication of hazords.

Identitication, nothication, labelig and

sign posting, ald training required by

waragruph (L) of tlis section shall be

provided by Oirober 1, 1995.

(4) Housekeeping Housekeeping

proclices and cortrois required try

paragraph (1) of this soc.on shall la

provided by Ocrubor 1, 1995.

(vs) Medical surveillance required by

paragriph (on) of this section shall be

provided by Oruber 1, 1495.

(vis) Tle designation and trailing of

composent persons required by

34 CFA Part 685

AIN 1850 ACOS

Willlam D. Ford Federal Direcr Loan

Program

AGENCY: Department al Education.

ACTION: Final regularions

SUMMATY: The Secrotary amends the

rogulations governing the Williar D.

Ford Fedoral Durcet Lian Programe 80

add the Offico of Management and

Budget (OMb) contul number to cortain

suchions of the regulations. Those

sections contain intormalion collection

requidents approved by OMB The

Secrelary tales this actin to inform utes

butle that these rousirements have

been approved, and therelate allotted

parties must comply with them

EFFECTIVE DATE: Inlormation Collection

requiremones in the tinal formlatons are

effective on july 1, 199%.

FOR FURTHER INFOHMATION CONTACT:

Rachel Elalsicia. Policy Development

DIvision. Offie a Posisecordary

Educalion. US/Depinnert of

Education, God Independenie dienue.

IDC.. 2020/-0100. Triophone (202) 703-

dues not establish substantive policy.

Therefore, the Sucrolary has delermined

under 5 U.S.C. S53(b)(B), that public

comment on the regulations is

unnecessary and contrary to the public

interest.

List of Suljects in 31 CFR Part 685

Adininistrative practice and

procedure. Colleges and univursitior.

Education, Loan programs-education.

Reporting and recordlueping

requirements. Student aid. Vocationa)

education

Duled. June 23, 1995.

Doord A. Lungunecker.

Assistant Secrelary fur Posterundlery

Education.

The Secretary amends Part 605 of

Tille 34 of the Code uf Federal

Regulations as follows:

PART ERS- WILLIAM D. FORD

FEDERAL DIRECT LOAN PROGRAM

1. The authorily citation fur par G85

continues lu read as follows:

Auchority: 20 U.S.C: 1087d es seq. unless

•ütherwise noted.

2. Sections 685.204, 685.206, 085.204,

685.213. 685.214, 685.215.685.301.

685.302. 685.303, 885.309, and 685.401

are amended by adding the OMB control

number following the sectius tu read as

follows:

(Approved by the Office uf Management and.

Budget under curtrol nutter 1840-0673)

(FR Due yS-15848 Flle-d 6-2: -450: 8 15 unl

HILLING CODE 2O0001T

elecunmuscanuis derico for the dea

(TDU) may coll the Federal lofurnitun

Relay Servico (riks) al 1-8U0-877-4:139

betwear 8 a.m. and 6 p.11. Eastera limo,

Monday through Friday

SUPPLEMENTAHY INFORMATION: Final

regulations for the Willian D. Furd

Fedoral Direct Loan Program were

published on December 1, 1994(59 FR

11667). Complaure with intormalicon

collection re qur monerts in these

regulabori was delayod until those

requirenants were approved by OMi

under the Papervurt Reduckon Act of

1900 OMB approved the information

collection requirements on Duermber 7.

11194. Those respurements will sherefure

bocome effective with the other

provisions of the regulations on July 1.

Wasver of Proposed Kulemaking

Il as the practice ul tir Secretary lo

olfer interested parties lee oppuruniry

so commont on propuse regulavors.

towever, the publication of OMB

control numbers is purely lochnical and

ASSASSINATION RECORDS REVIEW

BOARD

38 CFR Chapter XIV

Guldance on Interpreting and

implementing the President John F.

Kennedy Assassination Records

Collecton Act of 1992

AGENCY: Assassination Rocords Meres

Board.

ACTION: Final regulations.

SUMMARY: These final interpretive

rogulations provide guidance on she

interpretation of certain terms included

in the Presidont John F. Kennedy

AGsassination Records Colloction Act ot

1992 and on implementauon of cerain

of the starule's provisions. The tina!

incorpretve regulations make elfeclive

she proposed interprelive rogulalions

previously published by the

Assassinalun Recurds Review Board

(Koviow Board). 17re Review Boird

revised the prupused interprelive

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## Page 167

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THU 11:50 FAT 202 721 0157

ARRB

33346 Federal Register / Vol. GO. No. 124 / Wednesday, June 28, 1995 / Rules and Regulations

rogulations afer considering public

comment roceivod in writing and

turough testimony at public hearings

convened by the Review Board

EFFECTIVE DATE: Thoso interpretativa

regulationg oro ottoctive June 28, 1993.

FOR FUATHER IN OHMATION CONTACT:

T. Jorumy Gunn, Aching Grineral

Counsel, Assassinalon Records Revier

Board, 600 E Street, N. IV.. Ind Fluor,

Wasbangion, D.C. 20530, (302) 724-

U088.fax (202) 721-0457.

SUPPLEMENTARY INFORMATION:

Background and Statulury Authorily

The Presidunt John F. Kennedy

Assassination Rocords Collechun Act ol

1992, 41 U.S.C. 2107 (as omended) lIFK

Act). ostablished the President JohnF.

Karanody Assassination Recurds

Colleccion UFK Assassination Kecords

Collection) at the National Archives and

Kocords Adminisualun (NARA). In

octablishing, a process fur public

disclosure of all records relating lo the

assassination, Congrass cinated an

Independent Fadoral agancy. 1ha

Assassination Records Raview Board,

that consists of live citizens appuined

by the President and confirmed by thie

Senate in 1954. Undes the: JFK Acr, the

Koview Hoard is anapowered to decide

"whether a record constitutos an

assassination record " 4a U S.C

2107. 7(1)(Z(A). Congress intendud that

the Keviow Board "Issue guidince lo

assist in aniculang the scope or

universe of assassination secords."

President Jolinf Kennedy

Assassination Records Collection Aci oi

1992, S. Rep. 102-328. 102d Cong. 2d

5055.(1992) 8121. Theie dinal

interpretive rigulations. a proposed

version of which wore published at ou

FR 7506-7508 (Feb. 8, 1995), comply

with that mandate.

The Review Board's goal in issuing

this guidance as 10 implement

congressional intent thar the JFK

Cullection contain "the most

comprutionsive disclosurevf records -

relatod lo lbe assassinauon of Presidant

Konnedy." S. Rep. 102-328, supra a 18.

The Board is also mindtul of Congress's

insITucsion that the board apply a

"braad and encompassis" working

Jetinition of "assassination record" in

urdur to achiove the goal uf assembling

she fullest historical record on (his

tragic event in Amurican history and on

the investigalions that were undertakon

in the assassination's Hermath. The

Board recognizas that inany agencies

vegan to urganizo and revier records

responsive lo the jK Act even before

the Board was appointed and began its

work. Nevertheless, the Board's nirn 1s

that this guidance will and in the

ulumato assembly and public disclosure

uf the fullest possible historical record

on this tragedy and on subsequent

investigations and inquiries into it.

The linal interprotive revulations are

intended to duntify comprehensively

the range of records reasunsbly related

tu the assassinalion di President

Kennedy and investigatons undertakes

un its alternath. The final interpretives

regulations are also intended to aid in

the consistent. ellective. and ufficient

implementation of the JFK Act and to

establish procedures for including

assassination records in the jFK

Assassination Kecords Collection

astablished by Congress and housed al

NAHA's facility in College Park.

Maryland:

Nurice and Comment l'rucess

Thu Koview Board soughs public

comment un its proposed intespretive

regulations and ser i tiny-dry periud.

which ended on March 10, 1995. for the

purpuse of receiving wrollen comments.

The Koview Board also heard testimony

at public hearings on aspocts ol the

proposed interpretve regulations. In

addition, the Revow Board sent copies

of the proposed interpretive regulations

to agelicies suwn to have an interest in

and lu be affaciod by the Review Board's

work, particularly thoso that either

created or now hold assassination

rocords, and to the approprate oversight

commitlees in Cungress The Koview

Hoard also sent notices of the proposed

interprelive rogulations and request for

communes to many urganizations aud

individuals who have demensualed an

interest in the release of malarials under

the JFK Act ur who have engaged in

rasaarch into thie assassination of

Prusident Kennedy.

The Keview Board rererved written

comments on the proposed interpretive

regulations from four Federal agencies.

three state and local govemment

entities, and iwenty-one privale

individuals and urganizations with an

Interust in tho Review Board's work.

Federal agencies providing writen

comments include the Fuderal Bureau of

Irivesugacon (FBi), the Central

• Intolligonce Agency (CIA). NARA, and

the Department of State Stale or local

govemment extiles providing written

countients include the Dallas (lexas) "

County Commissioner's Court, lio

Dallas County Historical Foundation.

and the Cuy of Dallas Kecurds

Management Division of the Office uf

the City Secrotary.

Prior to publication.of the proposed

interpretiva regulations. the Revier

Bourd heard testimuny al a public

hearing held at the Kaview linard's

offices on Decembur 14, 199-1, froin

renresentatives of NARA on the

question of including artifacts in the

scope ol the term "assassination

record. " After publicatun of the

proposed interpretive ragulations and

buforo expiration uf the comment

period, the Keview Board heard

lestimony al a public hearing on March

7. 1995. from th: FBI and from several

individuals and representatives of

prvate organizations on their views

regarding the text of the proposed

interprative regulations. Copsos of all

written comments recuived and

transcripts of public restimony on tho

proposud interprotive regulations were

placud in the public reading room ot the

Haview Board's officos and made

available for insjuction and copying by

the public upose roquest.

Me a public meeting luld un May 3.

1995, for which nolice was tinuely

published in lie Federal Register

pursuast to the provisions of the

Govemment in the Sunshine Act, the

Review Board cunsidered à final drutt of

these interpretive regulatioss. That

discussion draft incorporated many of

the cuments received by the Review

Buard on the proposed interpretive

regulations. The Review Board

unanimously voted to adopt the lexi uf

the discussion draft as its final

interpretivo regulations. The approved

text 1s, with a low minur corections thut.

do nor chango the substance, published

here.

Response to Comments

The Review Board found vory helpful

the thuughtful aid, in many cases, very

detailed cominents submitted on the

proposod intorpretive regulations

Nuarly all of the commentalors

axpressed suppor lot what they

characterized as the proposud

interpretive regulavons

comprehensiveness and Nexibility. All

comments submilled wore carefully

studied and considored by the Kevien

Board Submitters made both

subssansive and technical suggestions.

many of which were incorporatod into

the interpretive regulations as issued

hore on final form. The summary below

includes the principal subslantive

comments received and the Review

Bourd's rasponsos thereto.

Comment: The proposed language of

§ 1400.1(a) 1s unduly restrictive because

the phrase "may have led to the

assassination" roquires at least a

potental cousal link to the

assassination Moreover, determing

wholhor there is a causal had would

require the Review Board lo evaluat the

valdily uf competing accounts of what

0003

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lod tu the assascinition of Prosident

including those provided in the written

information individuals aud

Komody

communis la tie propusod interprilive:

corporallons that pussess such material

Response A number of cominentators

regulatiulis

uvun dí not obtained from sourcus

put forward criticisens along these linos.

Comment: Section 1400.2(a) is vague

identitied in paragraphs (a) through (o)

Sone of these commentalars suggestod

and ovarly broad in describing the scupe

thereof, and should spocifically include

tuas some form of a "ruasonably related"

of additional records and Infurusuun

individuale dud corporations thas

stondlard bo rubstured for thu muay

Hesponse: The Revow buard Las

cuntraciod lo provido goods or services

have led lo" languago, while others

added language to clarily that the

1o the government.

suggesied altemative formulations (E6.

purpose uf roquesting additonal recurds

Hesponse: The Rovzow Board has

"that may shed light on the

and information under § 1400.2(e) is 10

added paragrapl (D 80 this secuon in

assassination"). In adapting and

identify, evaluate, or interpret

response to thuco comments. The

eventually applying a "reasonably

issassination recorus, scluching

Review Board has coucluded that, in

related" standürd, the Koview Board

assassination records that may nol

view of paragraph (1), specifically

does nut seol to endorse or reject any

initially have been sdentfied as such by

idontitying govemment contractors or

particular theory of the assassination of

an agency The Keview Hoard also has

other privata persons would be

President Kennedy, although such

addod language to indicate that il

unnecessary and rodundant.

Urories inay intorn the Revierr Board's

inteuds lu inplement this soction

Comment. NARA contended thas .

soarch for records reasonably related lo

through written requests signed by its

§ 1400.4 chould not include artifacts

the assassination and investigatious into

Executive Director. The Review Board

antong the types of materials included

il. The Keview Board beluvus that

contemplates that, with rogard to such

in the term "record." Truating artifacts

§ 1400.1(a), as now wordud, advances

requests, its slalf will work closely with

As "records" would be contrary 1o

that elfurt and will promote a consistent

entstios to which such requests are

NARA's accustomed practice and lho

road interpretation and

adelrossod to implement the JFK Act

usago ul the lenn "rucords" in other

inplencutatem of tad JEN ACt

uffoctivoly and efficiently

dreas ol Federal records law and would

conument: The proposed language o

Cumment. The scope of additional

resuit in substantial praclical

§ 1400. 1(a) is tuo broad and opon ended.

rocords and intornation shuuld

A moro specific nesus to tho

specifically include records and

Response: The Reviow Board has

assassination of Prusidont Kennedy

intornation that:

carofully cousidened NARA's objectiuns

should bu requirod.

—duscribe agoncies' methods of

1o the inclusion of artifaces as "records."

Response. As lis leat and legislative

but decided that this inclusion is

history mako clear, the JFK Act

necessary lu achiove the purposes of tho

contumplates that the Review Board

astond ils search for relevant rocords

describe reclassification, trausfer.

destruction, or uther disposition of

JfK Act. The Review Board notes that

artifacts that bocamo exhibies to chu

buyond what has berin compilud o

proceedings of the Warren Connussion

roviowod by previous investigations. ll

is inuviuble. thorefore. that the Revrew

Board must exercise judgment in

detemuning whether such records

consuture "assassination rocords." The

Review Board regarde its "reasonably

related" standard do sulticient lo cusure

that agencies are nor overburdened with

Identifying and reviewing recurds that,

if added to the JFK Assassinaticate

—do not constitute assassinalion

records. but hive the palential lo

enhance, enrich, and brunden the

histurical record ul the assassination:

Response: To the entant that the

inclusion of socords and information of

the sypos doscribed would assist the

Review Board in meeting its

respunsibilities under tha JFK Act. the

Review Board has adopied the suggested

bave long tuen in the custody uf NAKA.

and decided that tboso artifacts shuuld

remain in the JFK Assassination Reords

Collection. The Review Board turther

hulevo's länt the unique issies ol public

trust and credibility uf gövorument

procusses that prompted onaciment of

the JFK Act require that artilacts be

oncluded within the JFK Assassination

Rocords Collectiun. The strong support

Kecords Collection, wuuld not advancr

that commenting mainbors of the public.

sho purposes of the JFK Art.

Comment. The scope 01

gave to this position reinforces this

Comment Secton 1400.1 should

"assassination records" under § 1400.1

conclusion. Tho Kovier Board ancludel

specifically include as assassination

and "additional records and

in ass proposed regulations, and retained

rocurds any records pertaining te

information" undery 1100.2 should not

an § 1400.7(b)(c) oftho final

particularly identilied individuals.

extend to state and local guvurismuni or

interpretive regulations. language

organizullons. events. etc.

lo private records that arm nor in the

- a he go in natio

intended to address NARA's concurns

Hesponse: The Review Board

pussession of the Federal jor ernment.

about poluntial copying requirements

doiermined that, in almost overy case.

Response: The Kerrow board

and predervation issues unique 10

the types uf records commentators

considered such comments caretully.

artifacts.

sought 1o adel were already adequately

but concluded that the lerms of the JFK

Comment: Section 1+00.5 should be

covered by § 1400.1 as proposed

Aci preclude the narrower reading of

muditiod to allow agencies to withhold

Accordingly, the Review Board dochined

the Keview Bourd's respunsibollies

from the JFK Assassination Records

10 include rucords or secord groups al

urged hy such comments. Section

• Colluction material that is not related to

the luval of specilicity unged by these

1400.6 allows the Kevlew Board, in its

the assassinatión of Prosident Konnedy.

commontarors her:ause doing in righ

discretion. so acrepleuples on lies of

oven though it appears in & record that

limit the scopu of the Interpictive

oripnali The Raver Board bolieves

cuntairs other material that is relalod lo

regulations as applied initially lug collier

that this Hexibility addresses the

the ussassination of President Kennedy.

agenclos, or othervise might prove

concerns of sume commentalors about

Response: It remains the intent of this

duplicative or confusing Howaver, the

the remüval uf original rurds already

section in malé cluar to agencies that, is

Kevirw Moani welrornes and encourages

housed. for chanaple, in dale or local

a rule, entire incords, and not parts

suggestiuns frun the public is 10

thereaf, are to become part of the jFK

specife records or record groups thiat

may consulute assassination records.

and intends to pursué such ledds.

Comment: Scelon 1400.3 should

include as sources of assassination

records and additions| recurds and

Assassination Records Collection. The

purpose of requiring thal records be

produced in their entirnly is to ensure

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33348 Federal Register / Vol. 60, No. 124 / Wednesday, June 28, 1995 / Rules and Regulations

that the context and integriry of the

rucords bo prosurved. Ory in rare

instances will the Koviuw Board assent

10 svithbolding particular unformation

within an assassination record on the

ground that such infurmation l6 noi

rolovant to the assassinatiou. Suction

1400.5 has been modified to clarify that,

although the Review Board may allow

this practice in extraordinary

circunstancos, this deterninetion is

within the sole direction of the Review

Board

Comment: Tho discussion of originals

and copies in § 1400.6 is, in vorious

respotts, uicloar and confusing.

Hesponse: Thu Review Board made

extonsivo changos to this suction lo

addross these concems and lo achieve

groster internal consistoncy. The Review

Board's intent in this section is to

expross its strong preference for

including original records in the JFK

Assassinalion Records Cullection, but

also its understanding that. for a vorioty

of reasons, thuro may be situations

where a copy instead of the original of

an assassination record may be more

appropriato for inclusion in the

Colloction.

Comment: Section 1400.6 should to

clarified as to whether "record cupies"

of Fodoral agency may be included in

the JFK Assassination Records

Collection.

Hesponse: The Keview Board has

modified § 1100.6(u)(1) 10 clarity that

the Koview Hoard may doterinine that

rucord copies may be included in the

Collection.

Coinment: The Caralog öf

Assassination Records (COAR)

described in § 1400 & should consist of.

or be replaced by, the database and

finding aids prepared by the Federal

agencius in possession of assassination

records.

Response: This and other comments

nocived regarding the pruposed

§ 1400.8 indicated sone corfusion us to

the intent and operation of the

mochanisin establshud in this section.

For this reason, tho Ruvieiv Board

docided to replaco tho term "Calalog of

Assassination Kecords" with the teren

"Nutice of Assassination Record

Determination" (NAKD), and lo sedrall

this section to clarity the Roviow

Board's intent to lise: the NARD

mechanism siniply to docuntent the

Review Board's ongoing decorminations

that, in addition to records explicitly

enumuraled in the JFK Art as

assassination records (e 8, records

reviewed by the MISCA) or identified by

Fedoral agencies in their own searches.

corain other records alin are

assassination ror ords to be includad in

the JFK Assassination Rucords

with the intent and purposes of thu JFK

Colluction.

Act.

Sectiun by Section Analysis

Originals and Copies.

Siope of Assassinalson Record

Extensive chauges wuro mado lo

As discussed abuve with rugard to the

§ 1400.6 fur reasons of clarity and

public comments. subparagraph (a) of

internal consislency. The Review Board

§ 1400.1 has boon mudided lo adoul a

also incorporated in the final

"reasonably rolated" standard and the

interpretive regulations language

term "Catalog of Assassination Records"•

clarifying that "record copies" of

has been replaced with "Notice of

Federal agency recurds may be included

Assassination Kecord Determination" in

in the JFK Assassination Kecords

subparagraph (b)(3). The final

Collectiun wed addressing the important

interpretive regulations also incorporate

issue of preservallon requirements. In

suggestod technical changes, including

this respuct, the Keview Board sought 10

edits for clas ification and revision of

treat records in various media 1st e

this section's title to make it more

Inoans appropriate to the unque

characteristics of each medium.

Scope of Additional Records and

Information

The title of § 1900.2 was revised 10

conturn to the new tille ul § 1400.1.

Additional editing changos were made

*for clanty A now subpart (G) was added

lu subparagroph (a) and a now

subparograph (1) was udded after

considerauon of cornments that nuted

the polenuul exclusion of certain

ralagones from the scope of this section

in the proposed interpretive regulations.

The Review Boerd has added laguage

in the fual interpretive regulations in

clarily that tha purpose of this section

is lo aid in identifying. evaluating or

Interpreting assassination records.

including assassination records that

nidy not initially have been identified

Ly an agoncy. The Keview Buard also

has added language to suggust that it

intends to implement this section

through written requests signed by the

Review Board's Exocutive Director.

Sources of Assassination Records and

Additional Records and Infurmation

A new subparagraph (g) was aduled lo

§ 1400.9 aller consideration of

comminents noting the potential

exclusion of records created by

sidividuals or corporations or obtained

from sources other than shose already

identified in the pretious

subparagraphs

Types of Materials included in Scope of

Assassination Record and Additional

Hecords and Information

No substantive change has been made

to § 1 100.4 as it appeared in the

proposed interpretive regulations

leguirement That Assassination

Records be Released in Their Entirely

Languúge has huan added 10 § 1400.5

lo pennit the Reviet Board, in ils sole

discretiun, lu allus roleose ul ouly part

of an assassination record whore such

partial reinase is sufficient to comply

Additional Guidance

In the light of comments received, the

Keview Board extensively revised

§ 1400.7. Subparagraph (d), as it

appeared in the proposed interpretive

regulations, has boen brokon into trou

subparagraphi new subparagraphs (d).

(e), and (Ito avold porential confusior.

and to add clarity. The intent of test

subparagraphs is to mako clear that all

files on an individual, event.

organization or activity are to be made

availablo to the Reviow Board regardless

of the labels on the files. where the

records may be found. or whether they

reflect the true name or identifier of the

individual, event organization. or

acuivily.

Subparagraphs (b) and (c) § 1400.7

were included in the propüsud

interpretive regulationg and retained in

the final interpretive rogulations in

urder to address concerns oxpressed by

NARA regarding the inclusion of

arlifacts in the scope of the material.

deemed "assassination records." By

including these subparagraphs. the

Review Board wishes to make it cluar

that it believes the JFK Act establishes

unique standarde a6 to the records to be

included in the JFK Assassination

Records Collection. Dy including

artitacts as a typo of "assassination

record," the Ravrow Board seeks tu

fulfill its mandate from Congress lu

assemble all materials reasonably

related to the assassination in the JFK

Assassination Records Collection. It is

not intunded that the inclusion here of

artifacts for purposes of implementing

tho JFK Act should be construed 1o

affect the implemontation of other

incordi laws. Suhparagraph (r) is

intended lo onsure that all artifacts in

the collection are preserved for posterily

and that public access be provided 1o

those arulacks lie a manner consistent

with their preservation. The Review

Board encourages NARA lo set out in

utiting the term and conditions under

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Federal •Register / Vol. GO, No. 124 / Wednesday, Juno 28, 1995 / Rules and Regulations 33349

- which accuss to such natenals shall be

allowerl.

Ingelenienting the JFK Act-Nonce 0j

Assassination Hecords Deternunation

The Review Board has replaced the

tonn "Catalog of Assassination Kecords"

that appeared in the proposod.

interpretive regulations and terraited

§ 1400.810 clarify the Review Board's

Intont. In the final interprolive

regulations, the Reviow Board

substitutes the term NARD. for prior

roferoncos 1o a "carolog."

Paperwork Reduction Act Statement.

The regulition is nol subject to thie

provisions of the Paperwork Keduction

Act of 1900 (11 U.S.C. J501 et seq.)

bocause il dous to contain any

infonnaton cullectus requireneuts.

within the meaning of 44 U.S.C..

3502(9).

Regulatory Fleabilly Act Ceruficaton

As required by the Regulalory

Floribility Acl uf 1980 (RFA), 5 U.S.C.

601-012), the Board corifies that this

rule, il adopted, will nol have s

significant economic impact on a

substantial number of small unities and

that, thoreforo, a rugulatory Nosibility

analysis need not be prepared. § U.S.C.

BOS(b). The proposod rula would not

impuse any ubligations, including any

obligations on "small entities." as sel

forth in S US C 602(3) of the

Regulatory Flexibility Act, or within the

dofinition of "small business." as found

In 15 U SC: 632, or witton the Small

Business Size Standards in regulations

issued by the Small Business

Administration and codified in 13 CFR

part 121.

Heview by OMB

This regulation has bean reviewed by

OMB under Exécurve. Order 1286d.

List of Subjects on 30 CFR Part 1400

Administrative practice and

procoduro. Artsuas and records

Arcordingle, the review Board l-reby

esoblishes a meso chapler XIV in title jù

oftho Cude of Federal Regulstions 10

ruad as follow.:

CHAPTER XIV-ASSASSINATION

(including but not limilod to thosa that

RECORDS REVIEW BOARD

disclose cryptonyms. code naines, ol

othor.identifiers that appear.in

PAAT 1400 GUIDANCE FOR:

assassination records) that tha

INTERPRETATION AND

Assassination Kacords Review Hoard

IMPLEMENTATION OF THE

(Review Hourd) has a masonable basis to

PRESIDENT JOHN F. KENNEDY:

baliova may constitute an assassination •

ASSASSINATION RECORDS

record or would assist in the

COLLECTION ACT OF 1992 (JFK ACT)

identifcation, evaluation or

interprulalon of an assassination:

Sec.

1100.1 Scope of assussination record.

record. The Keviow Board will identify

1400.2

Scope of additional records and

in writing those records and other

informallon.

materials it intends to seek undur this

1400.3

Sources of assassination records ind

section

additional records and Information.

(b) All training manuals, instructional

1400.4 Types of materlals Included la scope materials, and guidelines created or

of assassinatian securd and additonal

used by the agunciue in furthoranco of

recordi and inforination.

thest rovlow of assassination rocords.

Requirenient thal assassination,

(c) All tocords, lists; and documents.

records be released ln thelr enürely..

descriking the procedure by which the

1400.6. Orlenals and coples.

1400.7 Additional guidauce.

agencies ideutifud or solocrod

1400.8 Implemenung the JFK Acl-Nolice

aGrassination records for ruviow.

vi A9sas91na110n Kecord Dosignaton

(a) Organizational charts of.

govemment agencies.

Authority. 4* U.S.C. 2107.

(0) Records necessary and sufficient lo

§ 1400.1 Scopo of assugalnuton rocord.:

•describe the agency's:

(8) An assussinution rycord includes.

(1) Karords policies and schedules;

but is not limited to, all secords, public

(2) Filing systems aud organizalloll

(3) Storage facilities and lacations

and private, regardless ul buw labeled or

iduntified, that document, duscribe.

(1) Indexung symbols, marks, codes,

instructians, guidelinos, morhodo, and

report on, analyze or mterpret actintes.

persons, or events reasunably related lo.

(5) Search mothods and procedures

the assassination of President John F.

used in cho porformance of the agencies'

Kennedy and investigations of os

duties under the JFK Act: and

inquiries inio the assassination.

(U) An ussussinution record further

(G) Reclassification to a higher level.

transfer, destruction, or other

includes, withuut limitaton:

informatian (e.g, thef) rugarding the

(1) All records as defined in Section

status of assassinalon records.

3(2) of the JFK ALl.

(1) Any other record that does not fall

(3) All socords colleciod by or

within the scope of assassination record

segregated by all Federal, dale, and

as duscribed in § 1400.1. but which has

lucal government agencios in

the potential to enhance, enrich, and

conjunction with any investigation or

broaden the historical record of the

analysis of or inquiry into the

assassination of l'resident Kennedy (fur

example, any intra agency investigation

ur analysis of oor inquiry intu the

assassinalion; any intoragency

communication regarding the

assassinalion; any request by the House

§ 1400.3 Sourcos of dosassinallon records

and additional racordo and information.

Assassination records and additional

records and infonuation may be loested

al, ur under the control uf. without

Soluci Commitree on Assassinalions l0

collect documents and other materials;

or any inter or intra-agency collection

or segregation uf documents and other

malunals).

131 Other records or groups of rycords

listed in the Notica of Assassination

Kecord Designation, as described in

§ 1400.8 of this chapter.

§ 1400.2 Scope of additional records and

Intormation

The turn additionul records and

information mcludes

(al All documents used by

cuterutent offices and agencies duriny

heir declassification revier ut

assussination records as well as all other

documents, indices, and other material

(a) Agencius, officus, and untirios of

the executing. legislative. and judicial

branchos of the Federal Govenuent:

(b) Agencies, offices, and entities of

the executive. legislative. and judicial

branches of state and local govemments:

(e) Recurd repusitories and archives uf

Federal, state, and local governments.

including presidential libraries:

(d) Record repusstories and archives

of univorsities. lbrares. lustorical

socialias, and other similar

organizations.

(c) Individuals who possess such

recurds by virtue of service with a

governmentagency. office. or entity:

10 Persons, including individuals and

corporations, who have obtained such

---

## Page 171

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QUOT

12:32.95 THE 11:51 FAT 202 721 0157

ARRB

33350

federal Kegister / Vul. 60, No. 124 / Wednesday, June 28, 1995 / Kules and Regulations

records fron sources identified it

paragraphe (a) through (o) of this

Goction,

(g) Persons. Including individuals and

corporations, who have themsolves

created or bave obtained such recards

from sources other than thuse identified

in paragraples (a) through (i) of this

section;

(h) Fuderal, state, and loidl courts

where such records are being held

undur sial: ar

. (i) Fureign goverments.

§1400.1 Typos of matarkals included in

soope of assadalnation record and

addtional records and Intormaton.

The lerm record in assassination

record and additonul records and

information includes, for purposes of

intorpreting and implorenting the JFK

Act:

(a) papors, maps, and other

documontary malerial:

(b) photograpus;

(e) motion pictures;

(d) suund and viduo recordings:

(e) machine readoble information in

any form, und

1 artifacts.

§ 1440.5 Roquiremont that assassination

rocords be rolesa sad in thoir anurely.

An assagsination record shall be

roleased in its entroly except fur

portons specifically postponed

pursuant to the grounds for

postponement of public disclosure of

rocords established in §2107.6 of the

JFK Act, and no portion ul any

assassination record shall be withheld

from public disclosure sololy on

pruunds of non-relevance unless. in tha

Keview Buard's sole discretion, molease

of part ula record is sufficient in

comply with the intent and purpuses of

iLe FKACI

51400.6 Originals and copies

(a) For purpuses of deterning

whether originais or copies of

assassinatiun records will be made part

of the Fresident John F. Kennedy

Assassination Records Collocion UFK

Assassination Racords Collection)

established under the JFK Act. the

following shall apply

1) In tho case of papers. inaps. and

other documentary matenals. the

Reviow Board may deterinine that

rucord cuplui of goverineut records.

either the signed original, original

production or a reproducion that has

been trested as to official rocord

naintained to chronicle Kovemmuni

functions or activities, may be placed in

tho tA Assassination Keroes

Collection:

(2) In the cago of other papers, maps.

and other documentary marrial, tie

Review Board may dutonnine that a true copies of any assassination records

and accurate copy of a record in lieu of

containod in the JFK Assassination

the original may be plared in the JFK

Kecords Collectiun are not also

Assassination Keroris Colluction;

assassination records that, at the Keview

13) In the case al phoingraphs, the

Board's discretion, may also be placed

original nogative, whenever available

in the JFK Assassination Records

(otherwise, the earliest generation print

(bat is a true and accurate copy), may be

placed in the JFK Assassination Rocurds

(4) In the case of motion pictures, tho

camera original, whunover aveilable

(otherwiso, the earliost genuration print

that is a true and accurate copy), may bu

placud in the JFK Assassination Records

(5) In the case of sound and viduo

rocordings, tha original recording.

whenever available (otherwiso, the

earliest generation copy that lo a true

and accurate copy), may bu placed in

the JFK Assassination Rocords

(6) In the case uf machine-suadablo

iriormation, a true and accurate copy of

the original (duplicating all Infornation

contained in the original and in a tormat

that parmits retrioval of tho

information), may be placod in the JFK

Assassination Records Collection, and

(7) In the case of arufaces, the oreginal

abjucks themsolves inay bu placod in the

JFK Assassination Records Colloction.

(b) Tu the extent records from foreign

governuents are included in the JFK

Assassination Rerords Colluction,

copius of the onginal records shall be

sufficient for inclusion in the collection.

(c) In cases where a copy, as dufined

in paragraph (a) of this saction, is

• authorized by the Revi:w Board to be

included in the JFk Assassination

Rocords Colluction, tha Keview Board

may require thai a ropy be certified il.

in iis discretion. it detosmines i

certificacon lo ka: nucessary lo ensure

the integrisy of the JFK Missisination

Kecords Collertion. In cases where an

onginal, as defined in paragraph (a) of

this section. Is required for inclucion in

the JFk Assassiuation Recurds

Collaction, the Review Board may, at ils

discretion, accop the best available

copy. In such cases that records

included in the JFk Assassination

Records Collection, whether originals or

cople, contain illegible portions, such

records shall have attached thereto a

contified tranicription of the illegible

language to the exiunt practicable.

(d) For purposus of implementing tie

JFK Act. the turm copy nisans a true one

accurate phuracupy duplication by a

seans apropriate to the mediun of the

original rocord that preserves und

displays the integrily of lhe record and

the information contamed in 11.

(e) Noshing in this seckon shall io

Interpiorod to suggust that additional

(1) Nothing in this section shall be

interprated to prevent or to proclude

coples al eny electronic assassination

records from boing rofunnailod

eloctrunically in order to canform 1o

differunt hardward and/or softwaro

roquirements of audiovagual or machine

readable formats if such is ly

professional judginunt of the National

Archives and Records Administration.

§ 1400.7 Additional guldanco.

(a) A goveramunt agency, office, or

entity includes, for purposes of

interproting and Implementing the JFK

Ack, all currunt. fast, and fonner

dopartments, agesicies, offices.

divisions, forvign offices, bureaus, and

deliberative kodies of any Federal, state.

or local guverinent and includes all .

inter or intra-ugency working groups.

com millees, und meetings that possess

or created recurds relating to the

assassination ul Presidant John t

(b) The inclusion of arifacts in the

scupy of the term assassination rocord is

understood to apply solely to tho JFK

Assassination Records Collection and to

Implerant fully the torms of the JFK

Act and has lu direct or indirect bearing

on the interpretation or implementation

of any other statute or regulation.

(c) Whenever arufacts are included in

tho JFK Assassination Records

Collecuon, it shall be sufficient to

comply with the JFK Act if the public

is providod accuss lo photographs.

drawings; or similor inaterials depicting

the artlfacts. Additional display of or

examination by lie public of artifacts in

the JFK Assassination Records

Collection chall ecur under the terms

and conditions ustablished by the

National Archives and Records

Administration to ensure their

preservation and protection for

(d) Tho lonus and. or, any, all, and the

plural aud singular toms of nouns shall

be understoud in their.broadest and

must inclusive sense and shall not be

understood to be tens of limitation.

(e) Unless the Keviow Board in its sole

discretion directs otherwise, rocurds

that are iduntified with respect lu a

particular person shall include all

records ralating lu chat person that use

or roflect the true name ur any uther

nant. pooudonyin. codeword. symbol

number, cryptonyno, or alias used lo

---

## Page 172

21: 95

THC 11.55 FAT 202 791 0157

AKKB

Federal Register / Vol. 60, No. 124 / Wodnesday, June 28, 1995 / Rules and Regulations

33351

(1) Unless the Review Board in its sole SUPPLEMENTARY INFORMATION:

discretion direcis otherwise, rocurds

that are identsted by the Kevier board

with respoet to a particular operation or

program shall include all recurds.

pertaining to that prograin by any oliver

name. psoudonymn, codenurd, symbol.

number, or cryptonyin

§ 1400.8 Implemonting the JFK Act.

Nollce of AssassInation Rocord

(a) A Notice of Assassination Kecord

Designation (NARD) shall be the

niechanismn for the Review Board 1o

announce publicly its dolermination

that a recurd or group uf records meuts

the definition of assassination recurds.

(U) Notice of all NARDs will uu

published in she Federal Kegister

within 30 days of the decision 1o

designate such records as ássassination

(c) In determining lo designate suri

recurds as assassination recards. the

Review Boird inuit dularmine that the

sucord ur group of record will mure

likely than nul enhanco, enrich, and

broaden Uer historical record ol the

David G Maxwell,

Enecutive Durecior Assussinalun Fiercurils

Review Biurd.

IFK Doc 45-15814 FileJ 6-27-45: 8:45 an)

BULLING CODE SUCH ID-M

DEPAHTMENT OF THE INTERIOR

National Park Service.

36 CFR ParT

AIN 1024-A C14

National Capital Region Parks; Speclal

Regulations; Correction

AGENCY: National Park Service, laterior.

ACTION: CorTaCIIon lo final regulatinas

SUMMARY: This docunot contanes a

conection lu tie final regulations which

were published friday, April 7. 1995

(6U FR 17639). Tho rogulations limit the

sales on Federal park land lu bouks.

newspapers, leaflets, pampblets, buttons

and bumper suckers and set standards

for siles, stands and stuctures used in

such sales within National Capital

Rogion Parks.

EFFECTIVE DATE: May 8, 1'995

FOR TUATHEH INT OHMATION CONIACI:

Sandra Alley, Associate Korunal

Direclor. Public Atlairs and Tourisma.

National Cirpital Region, National Park

Service, 1100 Ohio Drive SW

Washington. D.r. (202) 619-7223

As publishod. the final rule contains

one error whick may prove lo be

misleadig and is in neud of correction.

Correction uf Publication

Accordingly, the publication un

Friday, April 7, 1995 (00 FK 12639) of

the final regulation. FK Doc. YS-8SYy.

for National Capital Region, is corrected

In the FR Dor. 05-4590, appearing on

poge 176-19 in the issue of Friday. April

7. 1995. the words "the introductory

lexl uf' nted to be added after the word

"Terising" that appears in the firit

column, beginning on the ninth line.

which now reads * 3. Section 7.96 is

amended by revising paragraph (k)(2) tu

read as follows:" is corruciud to read '2.

Section 7.90 is amended by revising the

introductory text of paragraph (kJ(2) to

Daltil June 22, 1945

Rick Gale:.

Acung Chery. Hunger Aravines Divisern

IFK 006-95-15781 Filed6-21-95.8.45 arl

BILLING CODE 4J10-70-P

ENVIAONMENTAL PROTECTION

AGENCY

40 CFA Parts 52 and 81

(A-1-571-52485)

Clean Air Act Promulgation of

Extension of Attainment Date for

Ozone Nonallainment Area; Maine

AGENCY: Environmental Protection

Agency (EPA).

ACIION: Final rule.

SUMMARY: EPA is extending the

allasment dare for the Hancock and

Waldo Conne's, i marginal ozone

nunattainment area in Maine lo

November 15. 1994. This extension is

haserd in part on mortored air quality

readings for the nation minterns air

quality standard for ozone during 1993.

Thic nonce alro updates tables in du

CPR 52.1024 ANd 40 CPR 81.320

cuncerning allainment dales in the Stale

uf Maine.

EFFECTIVE DATE: This extension burores

eflective July 38. 1995.

FOR FURTHER INFORMATION CONTACT:

Richard P. Burkhar, Air. Pesticides and

Toucs Management Division. U.S.

Envirunmental Prolection Agency.

KeginnI. IFK Federal Bidg, Bosion, MA

02203. Phone. 617-565-3247

SUPPLEMENTARY INFORMATION: On Fob.

27. 1945 (60 FK 9613). EPA published

i nútico of proposed rulemaking (NPR)

for the State of Maine. The NPK

proposed exiending the attainment

deadline for ozono for Hancock and

Waldo Cuunues, and ustied for public

comment. No cuminents were received.

ChA Kequirements and ElA Actions.

Concerning Designation and

Classification

Saction 107(d)(+) of the Clean Air Act

as amended in 1990 (CAA) raquired the

Steles and EPA to designate areas as

attainment. nonaltainment. or

unclassifiable for uzure as wall as ather

pollutanie for which sational ambrens

air quality slandards (NAAQS) have

• been sel. Section 181(a)(11 (table 1)

requirud that ozone nonállainment arcas

be classified as marginal, nioderate.

serious. severe.or extreme. depending

on their air quality.

In a series of Federal Register notices.

F.PA compolated this primss ly

designating and classifying all areas of

tho country fur ozonc. Sir. c.g. 56 FK

5G9÷ (Nov. G: 1991): 57 FR 50762 (Nur.

30. 1992): 59 FR 18967 (April 21, 1994)

Areas designaled nonallinninent for

uzone are required to meet atlaserrent

datus spocilud uridor thu Acl. For aruas

classifud marginal through uxerenia, tha

attainment dates range from November

15. 1993 through November 1J. 2010. A

discussion of the attainment dates is

found in 57 FR 13498 (April 16. 1992)

(the General Pruamblo).

The Hancock and Waldu Countles,

Moise aron was designatud

nonattainmont and classified marginal

for ozone pursuant to 56 FK 58094 (Nov.

u. 1941). By this classificaton, its

attainment date berame loverber 15.

1993.

CAA Requirements and EPA Aélious

Conceruing Meeting the Altainment

Suction 181(6)(?)(A) roquires the

Administrator, within six months of the

attainment date, de determine whether

uzure nubattallment arcas allained the

NAAQS Fur UZUNO, EPA delurmines

attainmont status on the basis of the

expecied number of excerdances col the

NAAQS ovor tho chreo-year period up

to. and including, the altainment date.

See General Preamble, 58 FR 13506. Ir

the case of ozone manginal

nonúllornment arous, tho three yoor

pariod is 1991-93. CAn section

181(U)(2)(A) further stales Ural, fur artis

classified as marginal, moderate. or

serivus, if the Administrator determines

Unat the area did not attain the standard

by les altainmone dale, to area must be

lowover. CAA section 181 alS

provides an exemption from these bump

---

## Page 173

14-00000

CIA SPECIAL COLLECTIONS

RELEASE IN FULL

2000

DRAFT

12 December, 1998

Memo for the Record

Subject:

JFK Records Review Project and Lessons Learned

The CIA's JFK Collection is made up primarily of

records pulled together

for the Warren Commission, House

Select Committee on Assassinations (HSCA) and the

Assassinations Records Review Board (ARRB).

It contains a

significant amount of duplication and non-JFK related

material.

The current index is flawed and contains gaps.

Release

standards were liberal; basically only source

identities and information, names of agents, employees under

cover, Agency locations and foreign liaison activities were

redacted. There is no evidence in the Collection to indicate

that the Warren Commission conclusions were wrong.

I. Background (1992-1995)

The setting up of the Historical Review Program by DCI

Gates in early 1992 coincided with growing interest in

Congress to require federal agencies to declassify records

related to the assassination of President Kennedy. DCI Gates

decided to start declassification process before Congress

passed legislation:

*

testified before Congress on 12 May 1992 about CIA's

new openness policy and announced the declassification

of the first folder of Oswald's 201 (also known as the

*

six boxes of the Oswald's 201 were reviewed and

transferred to NARA by Oct. 1992.

The John F. Kennedy Assassination Records Collection

Act of 1992 (JFK Act) was signed 26 October 1992:

*

it called for Presidential-appointed Assassination

Records Review Board composed of non-government

individuals;

established "a presumption of immediate disclosure"

for records relating to the assassination.

For first two years of its existence, the Historical

Review Program focused primarily on the review of JFK

assassination records:

---

## Page 174

14-00000

*

there were two major releases of Agency records (August

1993 and August 1994) of approximately 227,000 pages;

joint HRG/DO teams reviewed additional assassination

related collections at National Archives (Warren

Commission), the SSCI (Church Committee and the Ford

Presidential Library (Rockefellow Commission) plus

numerous referrals from other federal agencies (FBI,

State, Army, etc.).

Due to delays

in the appointment of its members and the

time required to hire and clear a staff, the ARRB did not

actually begin reviewing documents until May 1995. It became

clear in immediately that the ARRB would require the release

of far more information than the Agency had released in the

1992-94 review.

In mid-1995 HRG began a re-review of the

previously released sanitized documents:

*

approximately 80% of the 227, 000 pages release in

1993-94 contained deletions

resources

were taken from other projects and

added

to JFK project to meet Board's monthly deadlines.

II. The JFK Act and the ARRB

Mandated review and declassification projects can be

two-edged swords.

The JFK Act forced the Agency to review

records that should have been opened years ago.

The legal

requirement to presume release, backed up by an independent

review, resulted in the opening of documents that clearly

not have been released under other programs. However,

the Act and the Review Board created by the Act imposed un-

realistic deadlines, inflexible standards and procedures

which created a major drain on all Agency review resources

and had an over-all negative effect on the Agency's release

program.

Unrealistic Deadlines:

The release dates set by the

Act did not take into account the start-up time and costs

(searches,

inventorying and indexing) of a project of this

magnitude, nor the time it would then take for a page-by-

page review and sanitization of classified documents. For

example, initial indexing of the collection was done on a

crash basis using overtime employees and resulted in a

flawed database.

The revising, re-indexing and updating of

that database took several thousand man-hours and continues

today.

Mandated Procedures:

NARA's and ARRB's interpretation

of the law created a time-consuming, labor-intensive review

process that meant an inordinate amount of time was spent by

---

## Page 175

14-00000

both the Agency and Board staff on issues which were

marginal to the story and to processing decisions by the

Board.

For example:

a.

Under the JFK Act every piece of paper in the

collection was considered a "unique" assassination record.

The result is a staggering amount of chaff and duplication.

For example, one cable was files and processed 58 times in

the collection.

b.

The ARRB required that all sanitized documents be

reviewed by the Board

and that each postponement (deletion)

be acted on individually.

Even after the Board changed

procedures and accepted

staff recommendations instead of

reviewing each document, the detailed tracking, recording

and coding of every deletion within each document required

processing resources well beyond what would be considered

reasonable for such a project. A most sanitized documents

contained multiple deletions

(one contained more than 1600

deletions and many over 100).

Inflexible Standards: The level of evidence required

by the Board to postpone what was generally considered

protectable information was extremely high and usually

required documentation of "current harm"

• Defenses based on

general principles such as official cover or sources and

methods were not acceptable.

This required the Agency to

dedicate significant resources to prepare evidence to

support recommended postponements. Again, much time was

spent on issues that were marginal to the JFK story. For

example, several major evidence packages involving several

offices

and presentations by senior agency officers and

officials were needed to secure Board agreement to protect

Agency physical locations and names of employees and other

persons not related to the JFK story.

Three times during the six years of the project, including

most of this past year, the JFK review effectively shut down

require a significant portion of HRP's resources through

FY99.

III. The Process and Lessons Learned

There are a number of basic lessons from the JFK review

that are applicable to other historical/systematic review

projects:

We need reviewers with broad Agency experience, which

can be either managerial or substantive.

---

## Page 176

14-00000

We need to establish early on what information is

already in the public domain and address the issue of

"official release"

in the context of each project.

Develop a strategy/policy with the IROs concerning the

release of information.

Be smart about it; do not accept

stonewalling by them on relevant information that can be

released.

At the same time, avoid confrontations with them

on marginal or non-relevant information.

*

On-site Directorate reviewers are the most effective

way to handle the internal coordination requirements of a

large project.

Without the DO's JFK team on site it would

have been impossible to complete the JFK project.

Develop quidelines and processes for coordinating Third

Agency documents; include other agencies in discussions; do

not drop documents into the black hole of other agencies'

FOIA offices without this advance discussion.

*

Maintain written, up-to-date, project-specific

declassification guidelines.

This is no small task. A

"declassification guide" must be flexible; no guide can

anticipate all the issues which will arise in a review.

After six years, we were still revising the JEK guidelines

in the last month of the project.

or the protect

*

In establishing deadlines, allow sufficient time to do

a thorough, professional job as required by the project

activities

(see Unrealistic Deadlines above).

Ensure we have adequate support people for routine

processing tasks; declassification involves both tough

substantive analysis--and a lot of routine processing.

If possible, inventory/index all materials before the

review and processing begins.

Experienced indexers are a

must. Identification of duplicate documents should be a key

part of any inventory or index.

IV ARRB Requests for Additional Information and Records

(see attached draft)

Attachment I. Description of the JFK Collection

Attachment II. [being drafted-will be available 17 Dec a.m.]

[statistical

summary of collection including size and status

of documents

(RIFS, SANS, DIFS, NBR, etc.)]

---

## Page 177

4-00000

3.

How a Request was Worked Following receipt of a

request and HRP tasking

the responsible Agency component (s)

to conduct a search, the materials found were first reviewed

by HRP staff members before access was provided to the ARRB

staff.

ARRB staff then reviewed the documents and materials

and identified those which it believed were relevant to

their inquiry and these materials were placed in the normal

queue to be reviewed and processed for release. However,

the mere identification of materials did not equate to

automatic release.

Rather, if particularly sensitive

information was involved, negotiations took place and, on

occasion, a written statement about the materials was

provided

for release vice the actual document (s) .

47. The Agency's written responses to each request -

either a letter or memoranda - included, of course, the fact

the materials designated were to be processed for release

according to then current guidelines. The ARRB staff then

wrote its own version of the request, search, and response.

Both of these are a part of the public record on this

project.

54. Lessons learned: A number of things surfaced as

HRP worked to complete these requests which required

considerable explanation, negotiation, and resolution.

a. First among these was the fact there existed an

outside Board which asked for information and carefully

monitored the responses (a very powerful external Board with

subpoena authority), without doubt caused documents and

information to be found and made available that would not

have been provided to an internal declassification project.

b. Second, for any large project such as JFK to be

successful, there is an absolute requirement that each

directorate and independent office identify two responsible

persons -- a senior management official who can ensure that

deadlines (particularly deadlines established by an external

---

## Page 178

4-00000

authority) are met; and, a senior focal point officer, who

has the substantive knowledge and background to both locate

all relevant material and make decisions on its sensitivity.

c. Third, the individuals identified and appointed

in sub-paragraph "b" next above must be fully versed in the

guidelines which pertain to each specific project. They

cannot rely on FOIA or other guidelines as to the depth of

their searches or the conditions governing release/

redaction/denial of materials.

---

## Page 179

4-00000

9:1rg-hrp

"reg. doc"

IV

DRAFT: Section III, ARRB Requests for Additional

Information and Records

1. Unlike most declassification projects, the Agency's

involvement in the JFK Project was governed by the dictates

of a Federal

statute, the JFK Act, and the powers it vested

in the Board

it established -- the Assassination Records

Review Board (ARRB). In particular, under Section 7, the

Act armed the ARRB with the authority to dig for records and

information, specifically:

... (1) The Review Board shall have the authority

to act in a manner prescribed under this Act, in-

cluding authority to --

(C) (ii) direct a Government office to make

available to the Review Board, and if necessary

investigate the facts surrounding, additional

information, records, or testimony from

individuals,

which the Review Board has reason

to believe is required to fulfill its functions

and responsibilities;

*

(F) hold hearings, administer oaths, and subpoena

witnesses and documents.

This substantial authority provided the ARRB and its staff

with almost unlimited access to Agency records and

personnel. It also was the basis for a number of specific

requests from the Board to the Agency for additional

information, document searches and explanatory papers. HRP

designated

this ARRB activity, "Special Reguests." During

its existence the ARRB sent to the Agency fifty-three

special requests, CIA 1-16 and CIA-IR 1-37.

2. Categories of Requests:

58

---

## Page 180

4-00000

/53 special Request)

Although each request had unique characteristics,

all began as a request by the Board or an ARRB staff" member

on behalf of the board for information. The requests fell

generally into five broad categories as follows:

a. Requests for access to basic information which

would help the board understand the CIA, its organizational

structure and how it operated around the time of the

assassination which included: Requests for organizational

charts, briefings, mission statements, etc.; review of over

_ histories of CIA offices and projects; a review of the

so-called "Breckinridge files;" and, a search for an IG

index of Oswald reports.

b. Requests about methodologies which included: How

cable traffic was handled at HQ during the relevant time

period; the existence and use of the inter-agency source

registry; and, the assignment and use of alias's pseudonyms,

crypts, etc.

c. Requests for subject specific matters which

included: The Mexico City Station annual reports; the

existence of DRE monthly reports; Oswald's pre assassination

files; and, a search for any documents or information

detailing the Agency's involvement in transporting and

processing the Zapruder film.

freedos

d. Requests for project specific information and

files, which included: Requests for information and files on

AMWORLD, QKENCHANT, an index to the HTLINGUAL materials, and

the Mexico City electronic surveillance tapes.

e. Requests for individual specific information

and files, which included both CIA and CIA associated

individuals and non-CIA individuals: Information on

individuals with JMWORLD; detailed information on Sylvia

Duran; a determination of the identify of a particular

"George Bush;" and, the files on William Pawley.

---

## Page 181

4-00000

ifned O

: Attachment

Oswald Files

Pre-assassination file" 201 file --approximately 40 documents that existed at the time of

the assassination. Released in 1992 with minimal deletions.

DO 201 File (Approximately 25,000 pages): Agency's primary file for documents dealing

with the assassination or mentioning Oswald; the file is still active. Contains pre-

assassination documents; materials collected after the assassination and during the

Warren Commission investigation; Mexico City tiles, Garrison investigation materials

plus other documents related to the assassination or Oswald received over the years. A

microfilm copy of file as it existed in 1978, was sequestered by the House Select

Committee on Assassination (HSCA).

The DO's original (record copy) 201 was transferred to HRG in early 1992; a

declassified version was released in August 1993; it was re-released with fewer

deletions in 1996 under the authority of the ARRB. Additional documents, filed into the

201 after the its transfer to HRG, were released in September 1998.

Office of Security File ( pages): Contained key Oswald documents, FBI investigative

reports, newspaper clipping. This file, primarily duplicative, was reviewed by the HSCA,

but a copy was not sequestered with the rest of the Agency's "JFK" collection. The file

surfaced as a result of an ARRB request in 1997. A declassified version of the file was

released in

1998.

DCD "A" File: A microfilm copy of this file was in the sequestered collection. The ARRB

requested that the original file by reviewed for release.

Marina Oswald's 201 file.

. A copy of this file was in the sequestered collection. The

ARRB requested that the original file be reviewed for release.

The ARRB directed that the classified originals of all documents from the Oswald files

be transferred to NARA for secure storage. These documents were transferred to

NARA in October 1998.

The Sequestered Collection

At the end of its investigation, the HSCA directed that all materials (files,

documents, memos, notes, tapes, etc.) collected or prepared in response to its

investigation be sequestered. This included files made available for review, but not

reviewed by the HSCA staff.

JFK boxes 1-63 (hardcopy): These boxes are the core of the Agency's JFK collection.

hey are the working files/materials of the HSCA staff and reflects the wide range of

issues pursued by the Committee. In addition to Agency documents, they include

approximately 30,000 pages of notes, letter and memos created by the HSCA or its

staff. The boxes are a combination of files on subjects and persons of interest to HSCA

including documents prepared by the Agency as a result of the investigation, eight

boxes of security files and Mexico City cable chrono files. The boxes contain a

significant amount of duplication (most of the Oswald 201 documents appear multiple

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times in this part of the collection. A declassified version was released in August 1993,

then re-released under ARRB in 1997.

JFK Microfilm (72 reels): These reels are copies of Agency files that were made

available to HSCA staff. Although the HSCA interest usually focused on a small portion

of a file, the Committee sequestered the compete file. The microfilm includes

approximately 25 reels of 201 files, 6 reels of Office of Personnel files, 14 reels of

Anti/Castro - Cuban exile material, extensive files on Nosenko and operational and

production files from Mexico City. The microfilm also contains copies of all the Oswald

files except for the security file.

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.:

, ir

Copyright 1997 Federal Information Systems Corporation

Federal News Service

JUNE 4, 1997, WEDNESDAY

SECTION: IN THE NEWS

LENGTH: 12335 words

HEADLINE: HEARING OF THE NATIONAL SECURITY.

INTERNATIONAL AFFAIRS AND CRIMINAL JUSTICE

SUBCOMMITTEE OF THE HOUSE GOVERNMENT REFORM AND

OVERSIGHT COMMITTEE

SUBJECT: ASSASSINATIONS RECORDS REVIEW BOARD REAUTHORIZATION

CHAIRED BY REPRESENTATIVE DENNIS HASTERT (R-IL)

2154 RAYBURN HOUSE OFFICE BUILDING

WASHINGTON, DC

BODY:

REP. HASTERT: The Subcommittee on National Security, International Affairs and

Criminal Justice will come to order. This hearing will focus on a very

important piece of legislation, HR 1553, the John F. Kennedy Assassination

Records Review Board Reauthorization Act. This bill was introduced by Chairman

Dan Burton on May 8, 1997 and included in original cosponsors ranking minority

member Henry Waxman and Congressman Louis Stokes, our first witness for today,

also who chaired the House Select Committee on Assassinations.

In 1992, 30 years after the assassination, nearly one million pages of records

compiled by official investigations still had been not made public. Congress

decided to set up a process for reviewing and releasing to the public the

records surrounding the Kennedy assassination. The result was that on October

26, 1992, President Bush signed into law Public Law 102-526, the President John

F. Kennedy Assassination Records Collection Act of 1992.

The original act provided a three-year timetable for the review board to

complete its work. Unfortunately, extensive delays in the appointment of board

members delayed the review board's work from the very beginning. In 1994, the

Congress extended the 1992 law's termination date for one year, until September

30th, 1996. The review board subsequently exercised its authority into the

statute to continue operating for one additional year.

The review process has proved to be more complex and time- consuming than

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" anticipated. And although we believe that Congress should not indefinitely

continue funding federal entities that were intended to be temporary, Chairman

Burton and this subcommittee support the request for a one-year extension of the

board's reauthorization. I believe that by releasing these documents to the

public we serve an important public right to know and advance the cause of total

accountability to the people of this country.

At this time I would like to recognize the gentleman from Wisconsin, Mr.

Barrett.

REP. THOMAS M. BARRETT (D-WI): Thank you, Mr. Chairman. I'm honored to

welcome

my esteemed colleague, Representative Louis Stokes, to testify before this

subcommittee. We are fortunate to be able to draw on your experience in this

area.

Over 30 years ago this country was shocked by the assassination of President

Kennedy in a way that it had not been shocked since the bombing of Pearl Harbor

or the bombing or Hiroshima. Yet today we are still prying papers out of the !

government about that assassination.

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Federal News Service, JUNE 4, 1997

The legislation that created the Assassination Review Board broke new ground by

establishing the principle that there should be a presumption of public access

to government information. That legislation was necessary because

administration after administration had failed to release documents. That

should not be. The Assassination Review Board has released millions of pages

that could have otherwise remained locked in government file drawers. We are

here today to extend the authorization of this board because the process of

making government information public has been more complex and time-consuming

than anticipated. I am not criticizing the work of the board or the dedication

of its members. I am, however, critical of the fact that we are still fighting

with our government to allow public access to government documents.

Congress has passed laws and resolutions reiterating the principles of public

access that were laid down when this country was founded. Administration after

administration has worked to thwart that access. I applaud President Clinton

for his efforts to declassify documents, but we need to do much more.

I hope that every employee at the Office of Management and Budget, and every

agency in the government will pay attention to what this board has accomplished.

It is the refusal to allow public access that breeds suspicion of the

government. It is the thwarting of public access that causes the public to

mistrust government officials. If we are to turn the tide of mistrust and

suspicion, it will be done by opening the doors of access. Today is one step in

that process, but there is much more work to be done.

Thank you.

REP. HASTERT: Are there any other members wishing to make an opening statement?

If not, our first witness this morning is fellow Congressman Lou Stokes, who

served as the chairman of the Höuse Select Committee on Assassinations from 1976

to 1979, and is a cosponsor of this important bill.

And, Mr. Stokes, we want to say welcome, and thank you for your fine work in

this area. And please proceed with your opening statement.

REP. LOUIS STOKES (D-OH): Thank you very much, Mr. Chairman. Mr. Barrett, Mr.

Turner, Mr. LaTourette.

Mr. Chairman, I'd like to submit my written testimony for the record, and if I

may, I'd like to just summarize my testimony.

REP. HASTERT: Without objection.

REP. STOKES: Thank you.

It seems, Mr. Chairman, it was not as long as it is, but actually it's been 20

years; it was in 1977 when I was appointed as chairman of the House Select

Committee on Assassinations. We were authorized at that time and directed t

omplete an investigation surrounding the assassination and the death o

President John F. Kennedy. We completed, as you've already stated, our

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investigation in 1979. And on March 28th of that year, we filed our final

report. In addition to it, 12 volumes of evidentiary material, printed by the

Government Printing Office, was made available to the American public. In

addition to this, we conducted 18 days of public hearings and an additional two

days of public policy hearings.

Prior to the committee running out of both time and money, we had released

everything that we had the time and resources to release. All of our other

records were placed in the National Archives, under a House of Representatives

rule which existed at that time, Rule 36, requiring such unpublished records

routinely to be sealed for 30 to 50 years. The records of our committee

relative to this investigation consisted of 935 boxes, which we turned over to

the National Archives. Then, over the years, a considerable public debate about

these records has ensued, including accusations that these records, if released,

would contain evidence of a government cover-up, or complicity of government

agencies in the assassination of President Kennedy.

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Federal News Service, JUNE 4, 1997

A great deal of this was fueled in 1992 by a movie entitled "JFK." That movie

contained many distortions of the facts and circumstances surrounding the death

of our president. As a result of that movie, my office was deluged with

thousands of letters and telegrams by Americans calling for the release of these

sealed files.

As a member of Congress, and a former chairman of that committee, I deemed it

mportant not to have the good work of our committee impugned by such baseles

ccusations. Our committee had attempted to conduct its investigation into th

assassination of the president, and to present the results of that investigation

to the Congress and to the American people in a thorough and dignified manner in

keeping with the memory of this great president.

Consequently, in 1992, I introduced, and the House and Senate passed, PL

102-526, a bill entitled The President John F. Kennedy Assassination Records

Collection Act of 1992. That law created the Assassination Records Review

Board, which mandated and authorized that board to identify, secure, and make

available all records related to the assassination of President Kennedy. It was

our intention, Mr. Chairman, that everything that could be released from every

agency, every court record, anywhere they existed - that those records be

released to the American people.

Under the law, the board had until October 1, 1996, to fulfill its mandate, plus

an additional year, at the board's discretion.

We were very fortunate to have a very distinguished panel appointed. This panel

was appointed by President Clinton 18 months after the law was enacted here by

the Congress - a considerable delay in the appointment of this panel. But we

were very fortunate to have persons such as Chairman Tunheim, Dr. Henry Graff,

Dr. Kermit Hall, Dr. William Joyce, Dr. Anna Nelson, and an outstanding

executive director, David Marwell.

Under this panel, they have now released more than 10,000 previously secret

government documents.

They have released a report, which I would urge all the members of the committee

to read, if they have an opportunity, because I think you will see the extensive

amount of work in which they have been involved.

They now need one additional final year in order to complete their work. Their

work during this period of time will be primarily to secure the release of

documents from the CIA and the FBI. Those are the two main agencies left from

which they still have a considerable number of documents to be released.

Mr. Chairman, in closing I think that it's important that we complete this work

in an orderly manner with full and complete disclosure to the American people,

that they will feel that they know everything that their government knows about

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the assassination of their president. And I would urge the support and passage

of this legislation sponsored by Chairman Burton, of which I am one of the

original co-sponsors.

I'd be pleased to answer any questions.

REP. HASTERT: Thank you, Chairman - or, Mr. Stokes. And I really appreciate

the work that you've done here. I have just two brief questions. Actually,

three. Do you believe that the Ford Review Board is up and running smoothly

now?

REP. STOKES: Absolutely. In spite of the delay of 18 months they have done just

a yeoman's amount of work. It's just been almost incomparable to realize how

much they have done. And to their credit, they feel that if given just this one

additional year that they will complete the work.

REP. HASTERT: And do you believe that this process is consistent with the goals

of your original legislation in 1992?

REP. STOKES: Yes, I do, Mr. Chairman.

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Federal News Service, JUNE 4, 1997

REP. HASTERT: And then you are confident, as you said before, that the review

board can finish its task by September 30th, 1998.

REP. STOKES: I am just very confident that - in projecting the fact that they…

can do this work with one year. And when they say themselves as they will say

to you when they appear, this ll be one final year.

REP. HASTERT: Thank you very much, and thank you for your testimony.

REP. STOKES: Thank you, Mr. Chairman.

REP. HASTERT: The gentleman from Wisconsin.

REP. BARRETT: Thank you, Mr. Chairman.

I don't have a lot of questions, either. I just want to compliment you,

Congressman Stokes, for the fine job that you have done.

REP. STOKES: Thank you.

REP. BARRETT: And just one question. Do you think in the unfortunate and

hopefully unlikely scenario that there are future assassinations in the future

that this was a good way to approach this problem, the panel that you served?

Do you think that you have accomplished what you intended to accomplish?

REP. STOKES: Mr. Barrett, at the time that we undertook this panel and Congress

passed the act to create this panel, 85 percent of the American people believed

that someone other than Lee Harvey Oswald had participated in the assassination

of President Kennedy. A national poll had told us that. There were boundless

rumors and myths. People were writing numerous books and things of that sort.

And as a consequence of it, I think that putting this panel together and

permitting this type of investigation I think was very helpful. I think it

allayed many of the rumors and myths that grew up and abounded around the

assassination of our president.

However, I don't think that it put to bed everything. We uncovered many things.

For instance, we pointed up many of the things that the Warren Commission had

not done properly. And we were able to destroy many of the myths; such as the

umbrella man theory and things of that sort. But we couldn't put everything to

bed. We had begun that investigation 15 years after the assassination of the

president. I think had we been given this type of investigation immediately

after it had occurred, it would have been a different result. But many of the

witnesses had died. Evidence had disappeared. As you can see now, there were

materials which we were not able to get even within that two-year period before

we went out of existence.

And so as a consequence of it, I think we did an outstanding job. No one has

ever been able to refute any of the work that we did. No one has been able thus

far to say anything was ever covered up from the American people. And so to

that degree, I think that it performed a good service for the American people.

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•, 1.

REP. HASTERT: Okay, thank you very much.

The gentleman from Ohio.

REP. STEVEN LATOURETTE (R-OH): Thank you, Mr. Chairman. Mr. Chairman, I *

thank you for having this hearing today and for also expediting the markup on

1553, and give praise to the co- sponsors, our chairman, Mr. Burton, Mr. Waxman,

and also to Congressman Stokes.

The editorial comment I would make is I'm always amazed each succeeding day that

I serve in Congress at the rich history that a number of our colleagues have,

and to now have our fine colleague from Ohio, Congressman Stokes from Cleveland,

here and talk about his previous work on the House Select Committee on

Assassinations. Although many members in the House remember his service, I would

venture to say there are a number of people back home that don't know all of the

things that you've done during your many years of service to this Congress and

this country.

Just as an example, the other day I found out — and I don't know if you're a

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Federal News Service, JUNE 4, 1997

lawyer or not, Mr. Chairman, but I found out that Congressman Stokes - well,

you're lucky you're not a lawyer, but I am, and I'm proud to be a lawyer.

I found out that Congressman Stokes was responsible for a ruling called Terry

versus Ohio, and you might have heard of a "Terry Frisk and Search," and I

didn't know that till the other day, that Congressman Stokes had a hand in that,

and so, again, we find Congressman Stokes showing up again, sharing his

expertise with the country.

Lou, the one question I would have, deals with, in both your written testimony,

and then also your observations to Congressman Baird's question. You talked

about the "JFK" movie, and all of the rumors and innuendoes and the public

pola rent on til run into foe stad ate alien into ovember day in

Dallas.

And part of it has to do, I think, with, after your commission met, and now the

legislation in '92, and a little delay in getting everybody in place in the

review board. Do you think it was necessary, after you've reviewed the

documents in this case, that we waited, as a government, 34 years to make these

documents available? Was there something impinging upon the national security

that you found or discovered that made it necessary for the government to wait

34 full years before releasing this information, and hopefully dispelling some

of those rumors?

REP. STOKES: Thank you very much, Mr. LaTourette, firstly for your nice remarks.

But it's a good question, because not many people realize that this was not -

when we sealed these records for the period 30 to 50 years, this was not done

because of anything relative to this particular investigation. That was a House

rule in existence at that time, that applied to any committee that, when it

completed its work and filed its final report, if they had documents which had

not been released publicly, under that House rule, they had to be sealed for 30

to 50 years. The same applied to the other part of that investigation which we

conducted, which was to investigate the assassination of Dr. Martin Luther King

Jr., which was a companion part of our investigation. So that applied to that

one also.

But as a result of it, in compliance with the House rule, it just sort of sat

there until things were stirred up by that "JFK" movie and it sort of brought

things to the head.

REP. LATOURETTE: Okay. The principles behind your '92 legislation, the

Assassination Records Collection Act - obviously, now we collect records

differently than we did before. A lot of them are electronically stored. Do

you think that we can use that act as a vehicle, should another tragedy - God

forbid we should ever have such another tragedy in this country, but should

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se!.

another tragedy such as this occur, could we use the lessons learned in the

model of this review board to prevent the significant time lag between the date

of event and the eventual release of documents for public review?

REP. STOKES: I would hope, Mr. LaTourette, that we have learned some lessons.

Firstly, here in the Congress we'd no longer have such a rule in effect, and

that will help us, I think, tremendously.

But also, I think, by the agencies now working with a review panel of this sort

and realizing that many of the type of documents which they will cite to you in

their testimony - for instance, there's a very interesting document that they

will talk about, where the whole page, with the exception of just the date and

the name of a country - everything was redacted. And under their work, that

whole page has been released, and everyone can read that.

What you do by that is that you're to allay all the suspicion as to what really

has been redacted and people can really see. And then you can't have the kind

of rumors and myths that grow up around it.

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Federal News Service, JUNE 4, 1997

=

And I think and hope that in the event of such an occurrence in the future -

which all of us hope would never occur - that our agencies will realize that

this has been a good example of how we could allay some of the fears and

suspicions that the American people have around the manner in which we conduct

this type of thing.

REP. LATOURETTE: Thank you very much, Congressman Stokes, for your expertise -

REP. STOKES: Thank you.

REP. LATOURETTE: - and thank you, Mr. Chairman, for yielding.

REP. HASTERT: Thank you.

And at this time I recognize the gentleman from Texas.

REP. JIM TURNER (D-TX): Thank you, Mr. Chairman.

And all I would add is to also compliment you, Mr. Stokes, for your many years

of work on this effort. I too stand somewhat in awe at the number of years of

service and your contributions to this body.

REP. STOKES: Thank you.

REP. TURNER: And I know the Congress and the American people are grateful for

the years of service you've provided not only on this issue, but on many other

issues to which you've contributed.

And I also want to thank those who've served on this panel, because I'm sure it

is a time-consuming endeavor to carry out this task.

Thank you, Mr. Chairman.

REP. HASTERT: Thank you, Mr. Turner.

Thank you, Mr. Stokes.

REP. STOKES: Thank you.

REP. HASTERT: The second panel, come forward, please.

Our distinguished second panel includes four witnesses: Mr. John Tunheim, the

chair of the Assassination Records Review Board; Mr. Steven Tilley, the chief of

the John F. Kennedy Assassination Records Collection at the National Archives.

We also have Mr. Max Holland, the author and contributing editor of the Wilson

Quarterly; and Mr. Bruce Hitchcock, an historian and teacher at Noblesville High

School in Indiana, our distinguished chairman's home state.

And I also would say that, at this time, Mr. Burton would have wanted to be here

to make a few comments. He is not here yet. We may entertain that at any time.

So, if you gentlemen would please stand, and - (witnesses are sworn in). Thank

you. Let the record show that the witnesses answered in the affirmative.

And we start with you, Mr. Tunheim.

JOHN TUNHEIM (Chair, Assassination Records Review Board): Thank you, Mr.

Chairman. I, too, would like to submit my written testimony for the record and

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just give a brief summary to members of the subcommittee today.

I'd like to thank the subcommittee for this opportunity to testify today in

favor of House bill 1553. And I'd also like to note our thanks to Congressman

Stokes for his leadership on this issue and his guidance in the important effort

to release the records relating to the tragic assassination of President

Kennedy.

The review board is confident that the additional time requested and provided by

Congressman Burton's bill will allow us to complete our work and submit a truly

complete final report to the Congress, to the president and to the American

public. I'd like to thank Chairman Burton for introducing the bill and

Congressman Waxman and Stokes for co-sponsoring the bill that is before the

subcommittee today. And I also appreciate, Mr. Chairman, your role in chairing

this hearing today and assisting in this effort.

One of the other members of the review board is present with us today -- I'd

like to introduce her - Dr. Anna Nelson, who is the distinguished adjunct

--

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Federal News Service, JUNE 4, 1997

historian in residence at the American University and is seated in the row

directly behind me. Dr. David Marwell, the executive director of the review

board, is also here, as are a number of staff members who are very professional

and very dedicated and have done their work for us very well.

The review board, Mr. Chairman, began releasing records in July of 1995,

pursuant to the act passed by Congress. And thus far, the board has acted

specifically to transfer more than 14,000 documents to the JFK collection at the

National Archives. That collection, as Mr. Tilley will tell the subcommittee

shortly, now contains more than 3.7 million pages' worth of material.

I'd like to show one brief and rather dramatic example of the work that the

review board is doing. Congressman Stokes mentioned this issue in his

testimony. This involves one particular record. This is the "before" version,

the record that was available to the public up until several years ago. You

probably cannot see it from here, but it is a document that was sent from the

FBI's representative in Paris to Director Hoover on October 12, 1960. That is

indicated at the top of the memorandum. The subject, as indicated, is Lee

Harvey Oswald: Internal Security. And then it says Re: Paris Letter 9-27 - 60.

And the remainder of the entire document is blacked out. And not surprisingly,

a document like this dated three years prior to the assassination of President

Kennedy, a document sent to J. Edgar Hoover attracted a great deal of interest

among researchers who saw it because everything was blacked out underneath. The

speculation that individuals had about this was great.

Well, the board aggressively pursued the release of this information, initially

ordering its release. The FBl appealed that decision to the president.

Subsequently we worked out with them, including an aggressive effort to contact

Swiss authorities who were the subject of this particular document. I met

personally with the Swiss ambassador to the United States to ask for his

assistance in obtaining Swiss approval to release it.

And here is the record that is now released to the American public at the

National Archives. All of the material is released. And what it indicates was

the FBI was interested in whether Oswald was indeed attending a college in

Switzerland during that period of time. And the document tells about the

investigation that Swiss authorities did to determine whether Oswald was,

indeed, enrolled. He was someone who the FBI was following because of his

interest in defecting to the Soviet Union. That's a good example of the type of

work that the review board is doing: pursuing individual releases of information

that has long been redacted from the public.

The board has worked closely with federal agencies. The vast majority of the

records are at the CIA and the FBI. We have completed the review of the core

collections in both of those agencies and significant numbers of materials have

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been released.

The board has also been aggressive in identifying and acquiring significant

assassination-related records that have been in the hands of private citizens

and local governments. Just a couple of examples:

The papers of J. Lee Rankin, who was the chief counsel to the Warren Commission,

have now been released through the efforts of the review board. Virtually all

of the records of the prosecution in New Orleans of Clay Shaw was also released.

And I'm announcing for the first time today that the review board has just

acquired the original personal papers of Clay Shaw. He was the individual

prosecuted in New Orleans in 1969, the only individual prosecuted for the

assassination of President Kennedy. That will add another dimension to this

story. This is an example of his diary, which the board has just obtained, and

will be released as soon as we can process the materials. It's very

interesting. It's his diary from the day that he was arrested, on March 1st,

1967 and his feelings about Oswald on that particular day.

-

-

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Federal News Service, JUNE 4, 1997

Despite the best estimate, Mr. Chairman, that this job could be done in three

years, we cannot finish our work by the end of this fiscal year. We're

confident that in the additional year we will be able to get through the

records, which will largely involve the sequestered collections at the CIA and

at the FBI - records sequestered by the House Select Committee on

Assassinations. I'd be happy to answer any questions, Mr. Chairman, that you

and the members have.

REP. HASTERT: Thank you. We'll hold all the questions until the end of the

testimony.

MR. TUNHEIM: Very well.

REP. HASTERT: Mr. Tilley?

STEVEN TILLEY (Chief, Access and Freedom of Information Staff, National Archives

and Records Administration): Mr. Chairman, I am Steven Tilley, and I'm the chief

of the Access and Freedom of Information Staff at the National Archives and

Records Administration. And I wish to thank you for the opportunity to testify

today on behalf - for the National Archives in support of HR 1553.

I'm appearing today in my capacity of NARA's chief of the President John F.

Kennedy Assassination Records Collection. In that role, I am charged with

implementing NARA's responsibilities under the act, and I serve as NARA'S

liaison to the Assassination Records Review Board. And it's my understanding

that my written statement will be made part of the record, therefore, I'll be

brief in my remarks.

Mr. Chairman, this month marks the 20th anniversary of the closing of the office

of the Watergate Special Prosecution Force. I oversaw the closing of that

office and supervised the transfer of those records to the National Archives.

Most of my career at the Nationäl Archives since then has been involved with

working with sensitive records. And in 1993, I became the chief of the JFK

Collection, and I've served in that capacity ever since.

When the review board members were confirmed by the Senate in April of 1994, my

staff and I began to work with the board, and later with the board staff, to

provide information on the records in the JFK Collection, the development and

use of NARA's data base, our contacts and discussions with other agencies

involved in searches for assassination records, and the existence of

assassination records in the custody of private repositories or individuals.

The review board and NARA have maintained an excellent working relationship

through the three years of the board's existence, and I'd like to think that

this close relationship has in some way contributed to the success of the review

board.

NARA enthusiastically supports passage of HR 1553 to extend the review board's

authorization.

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The board needs the time designated in this bill to complete its important work

in making available as complete a historical record as possible concerning the

assassination of President Kennedy.

I would like to briefly offer for your consideration some statistics and facts

to demonstrate the success of the board. The JFK Assassination Records

Collection has grown to more than 1,600 cubic feet of records, or approximately

3.75 million pages from more than 30 different government offices. These

numbers are a testament to the work of the board in obtaining the cooperation of

the entire federal government as well as private donors in this important task.

For the information of the committee, Mr. Chairman, I've attached to my

testimony a copy of the register of the collection, which lists the major groups

of federal records and private papers along with a supplemental listing of FBI

records.

Not only has the collection increased dramatically in size; the significance

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of the records in the collection cannot be underestimated. In addition to the

records of numerous executive branch agencies and offices, the records of

relevant congressional committees, related court cases, and records donated by

private entities are also available in the collection.

This rich documentation is searchable electronically, giving researchers the

ability to seek out documents concerning a topic, person or event, or even

individual documents, not only at NARA's College Park facility but from their

own personal computer through the Internet.

Finally, Mr. Chairman, public demand for these records is the ultimate evidence

ye the yale this colon. Reine guest have rigen to um. every ar

we have already received over 600 written inquiries, an increase of over 30

percent from this period of time last year. The number of inquiries on our

computer Web site is also steadily increasing. Since March 1996, when the

assassination records database was made available through the Internet, it has

been accessed over 100,000 times by the public.

Due to the exceptional work of the Assassination Records Review Board, great

progress has been made on making available as complete a record as possible in

the history of the assassination of John Kennedy. Without the focus, integrity

and expertise of the review board, the collection would not have the size,

quality or public demand witnessed today.

However, there is still much to do. NARA supports passage of HR 1553 so this

important work can be completed.

That concludes my statement, Mr. Chairman. I'll be glad to answer any

questions.

REP. HASTERT: Thank the gentleman.

Mr. Holland?

MAX HOLLAND (Author, contributing editor of Wilson Quarterly): Thank you, Mr.

Chairman. I'd like to make a brief statement summarizing my testimony.

Nearly 75 years after President Lincoln's assassination, a chemist-turned-author

named Otto Eisenschiml provoked a national furor with his 1937 book, "Why Was

Lincoln Murdered?" Eisenschiml claimed one of the most important events in

American history was still a mystery. And Eisenschiml claimed to have uncovered

the truth: President Lincoln was the victim of a conspiracy organized by his

secretary of war, Edwin Stanton, who was allegedly opposed to the president's

program for a charitable post-war reconstruction of the South.

When pressed, Otto Eisenschiml openly admitted that he had no evidence to

support his case. At the same time, it was precisely the documentary record

that enabled critics to prove that EisenschimI's book was just another in a long

line of lunatic theories about the first assassination of an American president.

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Here lies, I submit, the long-term importance of the work being carried out by

the AARB. The meaning of the raw data being unearthed by the review board will

probably not be appreciated any time soon by the generations sentient when

President Kennedy was murdered in Dallas, but if these generations cannot come

to terms with history as it happened in their lifetimes, then at the very least,

they have an obligation to hand over, insofar as possible, a complete and

thorough documentary record. Citizens will need that record to rebut the Otto

Eisenschimis of the next century, not that there is any dearth of them now.

I strongly support without qualification extension of the review board for

another year and full funding of its operations. Bringing its work to an abrupt

end would not only diminish the investment of time and resources already made;

in all likelihood, it would throw the whole initiative into chaos. Not least of

all, gutting the effort now would surely create ineradicable suspicion about the

federal government's intentions in the first place. I'd like to spend the

balance of my time describing the three areas where I thank the review board

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had made its greatest contributions. The first has to do with the Warren

Commission. The review board's labors have resulted in many new documents that

I believe will eventually remove the stigma that has been attached to the

commission, which is probably the most unfairly reviled and / or ridiculed entity

ever created by the federal government.

These records paint a sobering portrait of our federal government during a very

traumatic time. It's not the idealized versions depicted in civics text books

nor the demonized version featured on talk radio. It's the real federal

government: imperfect, plodding, riven by ambition, distrust, rivalries,

compartmentalized by secrecy, working at cross-purposes or in ignorance,

simultaneously guided by the most banal bureaucratic instincts and the most

elevated national concerns. Somehow, through all of that, it does struggle and

manage to do the right thing.

Besides the Warren Commission, I think the work of the review board has made a

very substantial contribution towards understanding the operations of the

intelligence community. The assassination necessarily caused what could only be

termed a mobilization of the U.S. intelligence community's far-flung resources.

The government had to determine that weekend who was responsible and whether the

assassin or assassins had any co-conspirators either foreign or domestic.

Consequently the records being released now constitute a gold mine of

information about domestic and foreign intelligence operations at the midpoint

of the cold war. These records not only shed new light on what the government

knew 34 years ago; the release is an object lesson in why they were kept secret

for all those years. They do not contradict the federal government's official

conclusion at stated in the Warren report. Rather, the documents were kept

secret because they disclosed or tended to disclose ongoing intelligence sources

and methods.

With the release of these documents, the intelligence community's record in the

wake of the assassination can finally be assessed with some fairness and

thoroughness. The fact is that the information provided by the FBI, CIA and

other agencies was instrumental to preventing the United States government from

overreacting when the circumstantial public evidence was highly suggestive of a

link between Lee Harvey Oswald and a foreign power.

The last area in which the review board has made a - perhaps its greatest

contribution has to do with whole issue of secrecy and disclosure. The balance

between secrecy and disclosure has always been in favor of secrecy, especially

since World War II, controlled by laws highly deferential to the equities of the

interested government agencies. The five citizens who serve on the review board

decided that if their mandate was to have any meaning it was imperative to

pierce this veil. They had to get at categories that had been classified here

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before, including information derived from intelligence sources and methods.

While some historians have been critical of the resources devoted to this

particular effort, I like to believe that a breakthrough had to be achieved

somewhere, and in fact, the records pertaining to President Kennedy's

assassination make an excellent demonstration project of what can now be

released. The lines drawn by the review board should prove helpful as the

government undertakes to declassify the vast body of records generated during

the Cold War.

Finally, I'd like to say the entire history of the federal government's efforts

in the wake of the assassination, including the experience of the review board,

serves as a cautionary tale. Perhaps it will enable the government to strike a

better balance between secrecy and disclosure in the future, for there exists no

better example of the heavy wages of doubt, suspicion and public cynicism

exacted by secrecy than the Kennedy assassination experience.

Thank you, Mr. Chairman.

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REP. HASTERT: I thank the gentleman.

And now, Mr. Hitchcock, I'd like to welcome you especially. A gentleman from

Ohio asked me a little while ago if I was an attorney. Indeed, I was not an

attorney, 1 happened to be a history teacher for 16 years before I ever got into

politics. So it's certainly a noble trade, and happy that you're here. I know

the chairman wanted to introduce you personally, but he couldn't make it this

afternoon.

You have contributed students, I understand, a clerk for this commission, and

have been involved in it at a very high degree. So we welcome you and listen to

your testimony.

BRUCE HITCHCOCK (Teacher, Noblesville High School, Indiana): Thank you, Mr.

Chairman. And I, too, would ask that my written statement be entered into the

record and I will briefly summarize.

REP. HASTERT: Without objection, all written statements will be entered into the

record.

MR. HITCHCOCK: Thank you.

My name is Bruce Hitchcock and I am a teacher at Noblesville High School located

in Noblesville, Indiana, which is a community approximately 20 miles north of

Indianapolis. I am currently completing my 28th year in secondary education.

My teaching assignment has primarily been in the areas of United States history,

American government, and international relations.

And I want to express my appreciation to the committee for affording me the

honor and privilege of being here today and permitting me to make some brief

remarks concerning an issue about which I have very strong convictions not only

as a citizen, but as an educator.

In the spring of 1994, I assigned my Honors United States history class a

project studying the assassination of President John F. Kennedy. This project

culminated in the students placing the Warren Commission Report on trial. Half

of the class represented the prosecution and half the class defended the Warren

Commission Report. The class became quite interested in, and many would say

obsessed with this subject. The project resulted in a trial which became quite

intense and divisive, so much so that the class had to have a party at the end

of the semester to rekindle friendships. They became so fascinated with the

subject of the assassination that they requested an opportunity to travel to

Washington, DC during the summer following their graduation to do additional

research.

From that modest class assignment developed an internship opportunity with the

JFK Assassination Records Review Board. To date, four student groups from

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Noblesville High School have interned with the review board, with the fifth

scheduled for the week of June 16th of this year. When this group completes its

work, a total of 56 of our students will have participated in this unique and

truly educational opportunity.

I might add that except for the first group, succeeding student groups have

studied, researched and prepared for their internship on their own time, outside

normal class meetings. The most recent group to participate did so over spring

break. The fact that students wanted to spend their vacation working with

government records reflects the interest that the JFK assassination has for

students.

In my 28 years of teaching, I have never had a topic create as much interest as

the assassination of President Kennedy. It is a mystery, and it provides an

excellent research opportunity, as well as a chance for students to be actively

involved in learning.

Since November 22nd, 1963, there have been many who have believed, and still

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believe the government did conceal, continues to conceal, and will continue to

conceal the truth. If the review board is permitted time to complete its work,

it will assist in defusing the last two charges. We cannot prevent the

speculation that someone did conceal the truth. But the argument that a

cover-up continues, and will continue, can at least be defused, or discouraged.

What has been lost cannot be replaced. However, what still exists can be made

public. We should have access, and our students should have access to the

information and documents still in existence. This is an opportunity for the

United States government to provide a credible response to public interest. The

review board established by the Congress, is actually a group of citizens

telling the government what to do, and what to release. An opportunity exists,

in this era of skepticism, to restore some credibility and trust in the

government.

In his recent book, "The Approaching Fury," author Stephen B. Oates quotes John

Furling as saying, "Events by themselves are unimportant. It is the perception

of events that is crucial."

Perhaps in 1997, the most important aspect concerning the assassination of

President Kennedy, is the perception, shared by many, of a conspiracy involving

individuals and agencies of the United States government. Do we not owe our

young people the opportunity to form the most accurate perception possible? Do

we not owe them the chance to see as much of the truth intact as can be

assembled?

It seems to me that we owe this generation, and all succeeding generations, the

opportunity to question, to study, and to form opinions on the basis of

some small way — or maybe in some large way - to at least provide them with

more information, so that they may have their turn in determining what the JFK

assassination means.

We have been affected by this event. For 34 years we have been affected. The 56

students from Noblesville High School have, as have countless others, been

affected by the events of November 22nd, 1963.

The study of this event has the public interest. It is an event to which the

public and students can relate. It touches people.

As an aside, last week an article was published in the Indianapolis Star. I have

information regarding some scholarship opportunities. I also received a call

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from ABC News Nightline. And yesterday before leaving Noblesville High School

received a call from Atlanta, Georgia offering information.

The subject of the call from Nightline was seeking information as to what

Noblesville High School students were doing with regard to the study of the

assassination. Together I think these calls reflect continued local and national

interest in continuing the probe into what happened in Dallas. Congress has the

opportunity to lay the facts before the American public and permit a more

reasoned, rational and fact-based account and discussion of the assassination.

I would hope that the committee would take into consideration the fact that the

review board had a one-year delay before truly becoming operational, that it is

making a one-time request for an extension, that the review board has been on

task and on budget, that the review board has conducted its business in a

professional and non-partisan manner, and in 1992, when the act was passed by

this Congress and signed by President Bush, the enormity of the task was not

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and could not be fully appreciated.

An opportunity exists to complete a task which I believe is overwhelmingly

supported by the American public, and it is important that this mission and

mandate authorized by Congress be completed. I would like to end with just a

couple of quotes, one from former Senator Bob Dole, who said in a different

context, this is not about only who we are. It is about have we made a

difference. This is a chance to make a difference. And as former President

Reagan often said, if not us, who, and if not now, when?

After 34 years it is time to let the public know the facts that remain. To do

less would be a tragedy and a travesty. As an educator I believe that our most

important task is to provide our young people the most complete story of who we

are and why we are who we are. We have an opportunity to work towards the

accomplishment of that goal. It is an opportunity, I believe, we cannot afford

to miss.

In his last speech in Fort Worth on November 22nd, 1963, President Kennedy said,

we would like to live as we once lived, but history will not permit it. History

can only be served by permitting the public to see the evidence.

Mr. Chairman, as a further aside, if I might just have a few seconds. Reflective

of our students' interest in this event, I have my honors government classes

perform a project for the model Congress. One of the students this year - they

could write a bill on whatever subject they wished, and one student who worked

with the review board last yeär introduced House concurrent resolution 1 in

support of the review board, and concludes, after all the whereas's, the

Congress of the United States firmly supports the assassination records review

board in all endeavors leading to the collection, review and release of the

documents regarding the assassination of President Kennedy and supports the

extension of the life of the ARRB for an additional fiscal year.

Thank you, Mr. Chairman.

REP. HASTERT: We thank the gentleman and thank the panel. Now, I recognize the

gentleman from Wisconsin, Mr. Barrett.

REP. BARRETT: Mr. Hitchcock, can you give us the name of that student so we can

make him or her an honorary co-sponsor? Might as well get the name in the

record.

MR. HITCHCOCK: Abigail Meyer, M-e-y-e-r.

REP. BARRETT: Judge lunheim, you mentioned that you were releasing some

materials from Clay Shaw's diary and perhaps other things. Is there any

information in here that you find particularly interesting?

MR. TUNHEIM: Mr. Barrett, I've not had a chance to go through it. We've just

gotten these materials in the last week through some aggressive efforts on our

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staff. The page that I cited to you is interesting in that he made the notation

in there and it's a portion of it in his own handwriting that it was perhaps

unfortunate that he had never met Oswald because then he might have possibly

been a tiny footnote in history, an ironic statement given the role that he

played in the trial.

We've not had a chance to analyze it thoroughly yet. It does contain his

reactions to events as they were going on around him during the course of the

prosecution and certainly supports his view that he was not involved whatsoever

in the assassination, which ultimately was the view of the jury that acquitted

him.

REP. BARRETT: For my benefit, as a person who has not been immersed in this

issue at all. You just mentioned it took some aggressive work from your staff to

get this released. Can you tell me what that entailed, where it was, why it was

so difficult to get this information?

MR. TUNHEIM: Certainly. Part of this, this is an investigation into where

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records are. The bulk of our work has been with federal agencies that hold

assassination records. But we've also, at the direction of Congress in the bill

that was passed, entertained a search for records wherever they might be.

Records that are in private hands are not records that we can subpoena and take

from people, so we have to find where they are.

Staff members go out, talk to people, encourage them to donate those records to

the American public, to the National Archives. That was done in this case. We

received a tip that an individual had records that were left over from Mr. Shaw,

and staff went and talked to the person, spent time with the person, encouraged

them to share those records with the American public, and that's how it was

developed.

:

REP. BARRETT: How do you determine which assassination records you can disclose

now and which just have to wait?

MR. TUNHEIM: Well, there's a standard that's set up by the act. There's first of

all a presumption that all records should be public. That presumption has

governed what the board has done throughout the process. But then there's a

standard where the board has to weigh the public interest in a particular record

or information with the potential harm that might be caused by release of the

material.

The standards that we look at are, are there national security interests such as

disclosure of an intelligence agent whose name hasn't been disclosed and whether

that person perhaps may be in some danger if that name was released publicly.

Does it disclose a method of protecting the president that is not generally

known today, so therefore it might be a threat to the president. Are there

personal privacy considerations that are involved.

I will tell you that when all is said and done, a very, very tiny percentage of

information gets redacted under the standards that we are applying, and the

process of going through the records has led the board to arrive at a number of

policy decisions which the agencies by and large are now following in their own

review of records, and therefore decisions that we had to make two years ago now

we don't have to make because the agency is following the advice of the board

made on earlier records.

REP. BARRETT: As long as there are some records that are not being released, do

you think that we will inevitably face criticism from some people in the

American public that there is still some sort of cover-up? I make reference to

Mr. Holland's comments about a book being written 75 years after President

Lincoln's assassination.

Will the time ever come, do you think, when all records will be released?

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• MR. TUNHEIM: I think it will, Mr. Barrett. The board is releasing every record.

The question is whether certain intormation on these records gets redacted of

not. For every redaction we are attaching a specific release date. Some of the

dates are five years in the future. The law that was passed which established

the review board provided that all records that are redacted, all information

redacted will be released in 2017 unless whoever is president at that time makes

a specifics determination that the record cannot be released because of some

continuing national security concern.

So we expect that virtually all of the information by 2017 will be released but

a very high percentage, in the 99.999 range is being released right now.

REP. BARRETT: Mr. Tilley, in your written statement you indicate that the

collections currently consist of 3.75 million pages. What's your estimate of how

many more records need to be reviewed?

MR. TILLEY: Well, it's hard to say because there is still a good deal of

material that's being reviewed by agencies at this time. But we have located

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some records at the National Archives that are still under review, such as the

Secretary of Army's records dealing with Operation Mongoose, the campaign to

destabilize the Cuban government in the period after the Bay of Pigs.

Other records have been located at other agencies. I received a call from the

Customs Bureau today and they will be turning over their assassination records

to me hopefully this afternoon. After this hearing is over I'll be picking up

the records they've located.

So it's tough to say how much is still out there but I think there's still going

to be another considerable amount of material, probably will be added to the

collection before this process is finished.

REP. BARRETT: Millions of pages?

MR. TILLEY: Oh, no. I would say probably, if we had another half a million

pages, that might be the extent of it. But what's interesting and fascinating

about this process is that we continue to turn up records where we did not know

there were records before. As agencies are aware of this effort, they have come

years ahead.

REP. BARRETT: Thank you. Thank you, Mr. Chairman.

REP. HASTERT: Mr. Tunheim, I have just a very short question. You mentioned the

movie that came out, JFK, and Mr. Oliver Stone's work in there. Did Mr. Stone

ever have any questions of your work at all, or did he do research?

MR. TUNHEIM: Mr. Stone has been very supportive of the work of the review board.

He testified before the Congress when this bill was passed initially,

encouraging broad release of the records. He sent a representative to one of our

public hearings who testified and spoke very favorably about the work of the

board. So he's been strongly supportive and we've appreciated that support.

REP. HASTERT: Why have you waited to this point in the process to begin

reviewing the CIA and FBI records?

MR. TUNHEIM: Well, we've been reviewing CIA records and FBI records from the

very beginning, Mr. Chairman. The volume of records in those agencies is really

significant. We have completed the entire review of the core collections of

those agencies and those are numbers, between the two agencies, it's more than a

million pages of records.

What we are doing right now are delving into what's called the sequestered

collection in both of these agencies. Within the CIA these are records that the

House Select Committee on Assassinations asked to be sequestered, taken away

from their files and kept in a secure place for future review. The House Select

Committee did not have time to review these records carefully. Some of them are

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highly relevant to the assassination, others are not. Within the CIA there are

about 62 boxes of material and 72 reels of microfilm.

In the FBI in the same kind of sequestered collection is about 280,000 pages of

records. Those records are the focus of the review board's work over the next

year, if we get the extension.

REP. HASTERT: Let me ask the same question I asked the previous panel. Do you

think that you can finish your work by the end of the fiscal year 1998?

MR. TILLEY: Mr. Chairman, I'm confident that the board can complete its work.

Members of the review board are confident. We will make every effort to ensure

that it gets done. In fact, we intend to provide to your staff a timeline which

sets out our anticipation of how we will review these records over the next

We have set up a review process that we're working on right now that's moving

quickly and we are confident that the work can be done. We were set up to be a

temporary board and no one on the board wishes this effort to take a long

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time. We need to get the information to the American public.

REP. HASTERT: Thank you very much. Mr. Hitchcock, I want to ask you, bringing

students into the real realm of research and learning in that respect, how :

important is it that records like this be made available to the public so that

folks like yourself can have the availability for students?

MR. HITCHCOCK: 1 think, Mr. Chairman, it is extremely important for not only

teachers of history and historians but also for future students and future

generations. One of the things so special about our relationship with the review

board has not only been an opportunity for students to travel to Washington, and

they pay their own way and they do their own research on their on time. But it

has helped change opinions in many cases by students about not only the

assassination but about government, politics, agencies and people who work for

the government.

I cannot overstate the importance this has had for the 43 thus far, and soon to

be 56, students from Noblesville High School who have had this research

opportunity, that have been able actually to see, handle original documents, to

work with documents, to see firsthand the evidence that exists. To have that

opportunity is something that no teacher, no classroom, no film, no laser disk,

nothing in the classroom can simulate such interest and focus as this trip to

Washington DC, the review of documents, the working with people that we've had

the opportunity to be with at the review board on a firsthand basis.

It is just something that cannot be duplicated, or as I said, simulated in any

classroom anywhere in the country. It's just been a fantastic opportunity and

will provide students in the future with a place to go to find those records, to

look at the records, to look at the documents, and be at least assured that as

much as is available and is in existence can now be made available to them as

ordinary citizens of this country, whether they be students at a university,

students at a high school, or in their just curiosity and interest as American

citizens.

I don't think it can be overstated the impact that this will have in helping

bridge that gap of skepticism, if this is the correct way to say it, that

exists. I just cannot imagine what the many conspiracy theorists out there would

think if the review board has to finish its stay without completing its work.

REP. HASTERT: Thank you. The gentleman from Ohio.

REP. LATOURETTE: Thank you, Mr. Chairman.

And Mr. Chairman, I would begin by indicating that my earlier query about your

legal training was not meant to be an affront, and I should have recognized that

your learned demeanor was that of a --

REP. HASTERT: Not at all.

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REP. LATOURETTE: Mr. Howe, I don't have a question but I'm glad you told the

story of Otto Eisenschiml because somewhere in the back of my mind I remember a

book or movie called the Lincoln conspiracy and I was certain that Secretary

Stanton had something to do with the demise of our sixteenth president, so I'm

glad you brought that up.

Mr. Tunheim, I do want to ask you a follow-up question to what we were talking

to Congressmen Stokes about and I was fascinated by the document that you held

up. When I was in the prosecution business and we had a public records law in

Ohio which was new on the books, we found that law enforcement agencies always

wanted to take a big black magic marker and redact everything. It was my view

that that led to more conjecture, rumor, suspicion than not, and I think this

document that you brought forward, knowing that it came from the Swiss federal

police, that would give, I think, some cause to believe that Mr. Oswald had some

Swiss bank account and was squirreling away money from foreign nationals as part

of a conspiracy.

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When you un-redact it, if that's really a word, you find out like so many other

people he apparently registered for the Albert Schweitzer College for the fall

semester of 1960 and didn't show up. Nothing sinister or unusual in that at all.

The question I have is, when you were testifying you indicated that the FBI

originally appealed the decision to not-or to withdraw the redaction of this

particular document. You also indicated that the vast majority of documents that

you have left to review during this renewal period are located at the CIA and

the FBI in the sequestered section, I assume.

Are you any unusual difficulties with either of those agencies in terms of

cooperation as you attempt to get to a public release of what should be

appropriately publicly released?

MR. TUNHEIM: Well, Mr. LaTourette, the answer — the question is, no, we're nöt

receiving any degree of difficulty with those agencies right now. They are

committed to this process. They are supportive of the effort to keep the process

going for one additional year.

The CIA has not appealed decisions that the review board has made. We've got a

good working relationship with the people within that agency who are doing their

work. The FBI appealed a significant number of our decisions, but now all of

those appeals have been withdrawn. And we've got a working relationship with

the FBI that I think has been constructive and professional and is working quite

well.

The FBI initially opposed release of the document that I held up and appealed

the decision because they had contacted, in a general way, the Swiss federal

police and asked whether this record could be released, and the answer was no.

Our follow-up through the ambassador is showing what really this document was

all about, led to some wiser approach to the particular issue. And sometimes it

takes additional work like that to accomplish the release of important

materials.

REP. LATOURETTE: And the last question I would have is Congressman Stokes

expressed the view that perhaps the fine work of this review board - should

another review board setting be required in the future to review another

situation similar to this, that you may be breaking down some of the barriers in

terms of suspicions that the intelligence community may have about do we need

to, you know, stick to the script and have a page that has all black magic

marker on it? Do you find that the lessons learned in this review board will be

instructive to us as we move forward and think of ways of dealing with the

release of documents in the future?

MR. TUNHEIM: I think that's a very good question. And we have found through

this effort, being the first group, an independent group outside of an agency,

to have this degree of control over the declassification process. The process

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at first was rough and difficult and fraught with suspicion. That has changed.

There's been a sea change as these agencies have realized that release of this

information is not going to harm our national security, that perhaps it's time

simply to trust the American people with access to important information about

their government. And I think everyone has learned important lessons from this

process. It's a process that, while time consuming, has worked very well for

this set of records.

REP. LATOURETTE: And in that regard and in that vein, have you at the review

board put together sort of an instruction or an operating manual to be left

behind for future such endeavors?

MR. TUNHEIM: Well, we certainly will. We have - virtually all of our work has

been computerized so that we have an extensive record of exactly how weve

approached all these issues. We do intend, in our final report, to make

recommendations on how this effort can be extended in the future to other areas

if the Congress so wishes.

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Federal News Service, JUNE 4, 1997

REP. LATOURETTE: Thank you for answering my questions. Thank you for your fine

work. And thank you, Mr. Chairman.

REP.: Thank you. I had a couple of questions. I read your testimony as I was

listening to the other two. I'm sorry I was late. I wanted to ask Mr. Holland;

were there credible historians who at this point were still questioning the

assassination in the Warren Commission and the information that came out before

this commission existed, before these documents came out?

MR. HOLLAND: Basically, most historians have stayed away from it because they

regard it as a tar baby. So there are actually surprisingly few. By

historians, you mean professors at universities. Surprisingly few have written

about it, because they just see it as a morass, and how are you going to

possibly figure out what happened? So my answer would be - and, you know,

credible is in the eye of the beholder.

But there's actually remarkably few, and that's one of my arguments is that you

have to - it is time to insert it back into history. It did happen during the

Cold War, and that exerted a tremendous influence over what the government did.

Right after the assassination, it was a precipitating element of the formation

of the Warren Commission that the Cold War was ongoing, and they worried about

- to be trank, they worried about congressional committees holding hearings and

disclosure of sources and methods, such as the fact that Oswald had gone to

Mexico City and been observed by photographic surveillance, and how was that

going to be handled by a congressional committee? So I do believe it has to be

inserted into historical context. That's probably been the element that's been

missing all this time.

REP.: So you believe one of the elements of this commission is it'll bring out

of pulp - pop culture - pulp culture was a bad choice of words - pop culture

and in more mainstream because more documents are there, less questions. It can

now be analyzed. And also, you seem to hint that we'll gain as much, not

necessarily that there's a lot of new information on the assassination, but that

we're going to learn a lot about how our government worked and a lot of the

interrelationships, and that may be, in fact, more use to the historians than

any questions they had remaining about the assassination.

MR. HOLLAND: I think — my own particular view is that besides, you know, being

an investigation of three crimes - the murder of President Kennedy, the assault

on Governor Connally and the murder of Officer Tippett (sp), and then the murder

of Oswald, so four crimes - the Warren Commission is a fantastic lens to view

the operation of the government circa 1963-64, because they had an overriding

mandate.

But yet they were going up against agencies such as the FBI and CIA with

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entrenched interests, and especially Hoover's FBI was sort of a wonder to

behold. You dealt with it very gingerly. So it's a great - and the FBI had

not been second-guessed since Hoover became director. This was the first time.

And you can't underestimate what that meant in terms of the difficulties it

posed for the commission. Now, I maintain they still came to the right

conclusion, but the fact is that they had a lot of trouble with the FBI.

REP.: One of the questions here is it took so many years to get to this point.

In looking at what future commissions might do, how much of that, do you think,

can be overcome? In other words, how much of this was the Hoover FBl, say, and

how much of this is institutional that in the first 10 years you'd have so many

agents active in the field, ongoing operations, in the first 20 years there's

still some — can we accelerate the process?

What have we learned from this as to - obviously this is one that particularly

anybody in the '60s era was a defining event, so it's an extraordinary

assassination. But what have we learned for investigations in the future? Do

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Federal News Service, JUNE 4, 1997

you believe the CIA and FBI will release information sooner? And if so,

presumably they'll still be redacted, which still could lead to Oliver Stone

MK. HOLLAND: Mr. Chairman, I think that the fact that these records are 30 years

old has helped in obtaining their release. It's not information about the

assassination per se that agencies have objected to releasing. It's more who

said what to who, who's an intelligence agent and who's an informant for the

FBI, those kinds of issues. And there will still be institutional reluctance to

release any of that information.

I hope that through this process we can demonstrate to the public and to these

agencies that this information can be released to the public, that the public

can be trusted with information like this. There will still be a need for

secrecy to a certain extent, but certainly not with the broad brush/black pen

approach of the past.

REP. : We first learned - I was elected in '94, and our first experience in

this committee was with Waco, where we had similar questions and still had some

information that wasn't able to be released. We're certainly having that

ongoing debate with the administration right now, because it gets far beyond the

initial investigation. In the course of Travelgate we discovered the data bank.

And, of course, with the data bank you discover the code, and then you find out

that the code leads to this. Pretty soon you're off into other investigations.

That's going to be an ongoing problem. Do you believe, in the end, that this

will have silenced most critics?

MR. HOLLAND: In my view, Mr. Chairman, it will silence some. It will perhaps

provoke others.

We're many years after an event that was investigated in a different era. There

were many mistakes made at the time that cannot be corrected at this stage in

time. But I think when the review board is done with its work, one thing we

should be able to prove to the American people is that the federal government is

no longer keeping secrets from them relative to the Kennedy assassination. I

think that will be a very significant development.

Whether all the questions will be resolved or not, that's a question for

historians in the future who will review these materials and will make their

determinations. This is like a gigantic puzzle with a lot of pieces missing.

We are putting some of those pieces in, small pieces and large pieces. But

there's a lot of pieces of the puzzle that will never be found.

REP.: I want to ask one last question, and that's options of dealing with

acquiring the Zapruder film. Is that going to be a cost additional to what

you're requesting? Do you have options on how to pay for that? What's the

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status of that?

MR. HOLLAND: Well, the Zapruder film, as the chairman is aware, the review board

designated that as an assassination record about a month or so ago. We felt

that that decision was determined by the Congress in the passage of the JFK

Records Collection Act when it said that all records in the possession of the

National Archives are assassination records and should be included in this

collection.

Recognizing the potential cost of a film like this, we did set forth a 16-month

period before the taking would take place, so that the Congress could address

this issue and make appropriate determinations that the Congress wished to make

those determinations. The board did feel that that decision had been made for it

by the Congress in the earlier act and that it is the most significant piece of

evidence of one of the most significant crimes in our nation's history. So,

herefore, the original has an intrinsic value, and it should belong forever tr

he American public

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Federal News Service, JUNE 4, 1997

We are hopeful that the Zapruder family will agree eventually to donate that

film to the American public. We have no assurances of that at this point. But

we did set the time frame far out in the future so that the Congress can review

this issue and make its own determinations if it so wishes. REP. : Do you have

any additional questions? With that, I thank you all for -

REP. LATOURETTE: Mr. Chairman, if I could beg your indulgence and just ask one

more question, if I may.

Mr. Tunheim, if I might, my previous question about difficulty with the CIA and

FBI. Sometimes I don't make things broad enough. And I guess my query would be,

it's been brought to my attention that perhaps there's been some difficulty in

obtaining records from the other body. Is there any agency within the federal

government that you're having difficulty in terms of cooperation that would

impede your ability to complete your work in a timely fashion, as envisioned by

this legislation?

MR. TUNHEIM: Mr. LaTourette, I have not seen any evidence currently that anyone

is deliberately stonewalling us, so that when we go away, they will put the

records back into the files. We had some significant problems early in the

process, just really because agencies didn't understand what this was all about

and didn't understand what the law really provided for. So it took some time.

It's taken some time, for example, with the Secret Service to get them to the

point of realizing their obligations under the act. They do now, and they've

been very cooperative and easy to work with. But this has been a learning

process for all of the agencies, and I feel at the current time there are no

impediments among any of the agency partners that we're dealing with to

completing the review of the records on a timely basis.

REP. LATOURETTE: Thank you. I thank the chair for your indulgence.

REP. : I thank you all for your testimony and appreciate your coming today. For

procedural purposes, I'll now close this hearing - the hearing is adjourned -

and open a subcommittee markup on HR 1553, markup of the John F. Kennedy Record

Review Board Reauthorization Act. The hearing is now open.

If there are no opening statements, the subcommittee will now proceed to the

consideration of the bill as amended. Without objection, the first reading of

the bill is dispensed with and the bill will be considered for amendment at any

point. Do any members wish to be recognized to offer an amendment? Hearing

none, the question is on favorable reporting of the bill, HR 1553, the John F.

Kennedy Assassination Records Review Board Reauthorization Act. All those in

favor say "Aye."

MEMBERS: Aye.

REP.: Opposed, "No." In the opinion of the chair, the ayes have it. It goes

fast. The question now comes, will the subcommittee report the bill to the full

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'?..

committee? All those in favor, say "Aye." MEMBERS: Aye.

REP.: Opposed, "No." In the opinion of the chair, the ayes have it. The bill

moves forward to the full committee. There is no other business before the

subcommittee. We now stand adjourned. Thank you all for your hard work.

~END~

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CIA H43 NO OBJECTION TO

DUTCAION AND OP

RELEASE OF CIA INPORMATION

IN THIS DOCUMENT

Judge John R. Tunheim

Chairman

Assassination Records Review Board

Prepared Testimony In Support of

H.R. 1553,

To amend the President John F. Kennedy Assassination Records Collection Act of 1992

to extend the authorization of the Assassination Records Review Board

until September 30, 1998.

Before the

National Security, International Affairs and Criminal Justice Subcommittee,

House Government Reform and Oversight Committee

June 4, 1997

I. Introduction

Mr. Chairman and Members of the Subcommittee, I would like to thank you for the

opportunity to testify on behalf of the Assassination Records Review Board in support

of H.R. 1553, which would extend the authorization of the Review Board for one final

year. The Board acknowledges that all of the issues surrounding the assassination of

President Kennedy will likely never be fully resolved, however, this additional time

will allow us to complete our work, including the review and public release of critical

FBI and CIA records, submit a comprehensive and complete final report to the

Congress and the President, and make available to the American public as much

information as possible on the assassination of President John F. Kennedy.

I would also like to take this opportunity to thank Chairman Burton for introducing

H.R. 1553, and Congressmen Waxman and Stokes for cosponsoring this bill. These

Members have exhibited an admirable bipartisan spirit and an understanding that we

as a government, and as a nation, must bring closure to a sad chapter of our history,

and that we must seize this opportunity to do it now. In addition, we would like to

express our appreciation to Chairman Hastert for chairing this hearing today. It

provides an opportunity to explain what the Review Board has accomplished to date

and discuss how we could finish our work in Fiscal Year 1998, if given the opportunity.

Please allow me to introduce the other members of the Review Board with whom I have

had the professional honor and personal pleasure to work: Di. Henry F. Graff,

Professor Emeritus of History, Columbia University; Dr. Kermit L. Hall, Dean, College

of Humanities, and Professor of History and Law, The Ohio State University; Dr.

William L. Joyce, Associate University Librarian for Rare Books and Special Collections,

Princeton University; and Dr. Anna K. Nelson, Distinguished Adjunct Historian in

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Residence, The American University. We have been honored to engage in this

important effort to make the history of the Kennedy assassination available to the

American public and I am pleased to be here today to testify before this Subcommittee

and answer any of your questions.

I would also like to describe briefly the professional staff that we are fortunate to have

hired. The Executive Director is Dr. David G. Marwell, a professional historian who

gained vast experience dealing with large numbers of important historical documents

with the Office of Special Investigations at the Department of Justice and later as the

Director of the Berlin Document Center. He leads a staff of 28 full-time employees, who

have varied backgrounds as historians, lawyers, analysts, investigators, and

administrators. The members of the staff have approached their unique task with

seriousness of purpose, creativity, professionalism, and competence, and have assisted

us in shedding new light on the assassination through the release of thousands of

Federal Government records, and the acquisition of records in private hands and local

governments that were not previously available to the American public 1 believe that

we assembled exactly the type of professional and diversified staff that Congress

envisioned would be necessary to accomplish this difficult assignment.

II. Accomplishments to Date

As I know you are aware, the Review Board was created by The President John F.

Kennedy Assassination Records Collection Act of 1992 (FK Act) as an independent

Federal agency to oversee the identification and release of records related to the

assassination of President Kennedy. I know that certain members of this subcommittee

played a role in crafting and passing the JFK Act a unique piece of legislation

designed to remove doubt and speculation about the content of government records

related to the assassination of President Kennedy. As a result of these lingering

suspicions, Congress determined that an independent board was the most effective and

efficient vehicle to make all assassination records available to the public.

The Review Board has accomplished much since we began releasing previously secret

records in June of 1995. The Board has acted to transfer more than 14,000 documents to

the President John F. Kennedy Assassination Records Collection JFK Collection) at the

National Archives and Records Administration. We would not have been successful in

our efforts without the significant assistance of the National Archives. The JFK

Collection currently totals approximately 3.7 million pages and is used extensively by

researchers from all over the United States.

By the end of Fiscal Year 1997, the Review Board will have reviewed and processed

nearly all of the assassination records that have been identified by the more than 30

different government offices believed to be in possession of relevant records, with the

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important exception of the FBI and the CIA. I will elaborate on the status of records

held by these two agencies later. The overwhelming majority of previously redacted

information will have been made public by the Review Board.

I. Release of Government Records Related to the Assassination

Before discussing what we will accomplish with one final year, I would like to highlight

for the Members of the Subcommittee some of the important records that the Board has

made public. They include:

*

Thousands of CIA documents on Lee Harvey Oswald and the assassination of

President Kennedy that made up the CIA's Oswald File and detail the agency's

investigative activities following the assassination;

* Thousands of once-secret records from the investigation by the House Select

Committee on Assassinations, chaired by Congressman Stokes, including the an 920.02:

controversial Staff Report on Oswald's trip to Mexico City;

* Thousands of records from the FBI's core and related assassination files that

document the FBI's interest in Oswald from 1959-63, after he had defected to the

Soviet Union, three years before the assassination; and

* The extensive FBI files on its investigation of the assassination.

The important work in which the Review Board has been engaged can be best and most

graphically demonstrated by showing you the "before" and "after" versions of one of

the pre-assassination FBI documents to which I just referred and that the Board has

released to the public. Prior to the Review Board's review, this FBI document OFK

Collection Record Number: 124-10023-10236, Attachment Number 1) was available to

the public as you see it on the left. As you can see, it is heavily redacted. The only

information that was not secret was the date of the memorandum, "October 12, 1960,"

that it was to the "Director, FBI," from "Legat, Paris" (the FBI representative in Paris),

that the subject was "Lee Harvey Oswald, Internal Security," and that it had to do with

a "Paris letter 9/27/60." The rest of the text was blacked out. Obviously, this version

of the document left room for a great deal of speculation among historians and

researchers regarding what was underneath the black ink on this document with the

provocative subject title.

The Review Board aggressively pursued the release of the redacted information in this

document and several others that relate to the FBI's interest in Oswald before the

assassination. After protracted negotiations with the FBI, an initial FBI appeal to the

White House in an effort to keep the document secret, and a direct appeal to the Swiss

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government, we were able to release the information. The unredacted memorandum

shows that the Swiss Federal Police had been enlisted by the FBI to try to locate Oswald

and to determine whether or not he had enrolled at a school in Switzerland. Now the

public is able to see the document in full and judge its importance. In its redacted state,

the document could have meant anything that a researcher's imagination and

speculation could invent. In its released form, it must be analyzed for what it says.

IV. Identification and Location of Additional Assassination Records

One of the most important, most difficult, and most time-consuming responsibilities of

the Review Board is to identify and locate additional records that are relevant to the

assassination. This is a task that to some degree must logically come later in the

process, after the Review Board has gained a full understanding of the records that have

already been identified. Although the Review Board has made a significant number of

requests for additional records and information, some of which I would like to outline,

much remains to be done before it can be confident that it has completed this ice wi

responsibility.

cratin

I would like to highlight some of our efforts to identify and locate additional

assassination records. Some examples:

Medical Records Inquiry. The Review Board has several ongoing efforts to

identify and locate assassination records involving medical issues. As with any

homicide, the medical records are among the most important pieces of evidence.

As part of its attempt to ensure that the medical records are as complete as

possible, the Review Board staff has deposed the principal pathologists involved

in President Kennedy's autopsy, as well as other individuals who had

knowledge of the autopsy and related photographic records.

Identification and Location of Additional FBI Records and Information. The

Review Board has continued its efforts to locate additional FBI assassination

records by making several requests for records and information. The FBI has

assisted in this effort by giving the Review Board members access to requested

files. The JFK Task Force at the FBI has, on the whole, been extremely "

cooperative and helpful to the Board and has provided the requested

information.

Identification and Location of Additional CIA Records and Information. The

Review Board has initiated a number of requests to the CIA for additional

information and records. The Review Board expects that these requests will be -

promptly and fully satisfied during the upcoming year.

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Identification and Location of Additional Secret Service Records and

Information. Time consuming and careful review of Secret Service activities by

the Review Board produced a series of requests for additional records and

information that, in turn, led to the identification of additional relevant

assassination records. For example, in response to the Review Board's first eight

requests for additional information, the Secret Service has submitted more than

1,500 pages of material.

*

Identification and Location of Additional Military Records and Information. The

Department of Defense (including its many components and the military

services) (collectively "DOD"), identified few assassination records on its own

initiative. DOD has nevertheless been cooperative with the efforts of the Review

Board to locate assassination records. When such records have been located,

DOD has been willing to release the records with few redactions.

Additional work would be required in our last year to ensure that all". Per erase "tert"

assassination records in the military archives have been made a part of the JFK 222-

Collection. Fortunately, the diligent efforts of the ARRB staff have set the stage

for accomplishing this task.

V. Release of Private and Local Records

In addition to the release of records in the Federal Government's vast files, and

consistent with the Board's mandate to make the historical record of the assassination as

complete as possible, we have been aggressive in identifying and acquiring significant

assassination-related records in the possession of private citizens and local

governments, including:

*

The original personal papers of Warren Commission Chief Counsel J. Lee Rankin

that give further insight into the operations of the Commission;

* Copies of the official records of New Orleans District Attorney Jim Garrison's

investigation of the assassination;

The original papers of New Orleans attorney Edward Wegmann, from his work

as a member of the legal team that successfully defended Clay Shaw in 1969

against a charge of conspiracy to kill President Kennedy.

Copies of records from the Metropolitan Crime Commission of New Orleans,

including records on District Attorney Garrison's investigation and prosecutior

of Clay Shaw and records regarding New Orleans organized crime figures

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*

Long-lost films taken in Dallas on November 22, 1963, that the public had never

seen and that shed new light on the events of that day; and

Private collections of records from individuals including Warren Commission

attorney Wesley Liebler, author David Lifton, FBI Special Agent Hosty, Attorney

Frank Ragano, as well as others.

I am also pleased to announce today that the Review Board has just acquired the

original personal papers of Clay Shaw, the late New Orleans businessman who is the

only person ever tried in connection with the assassination of President Kennedy. Shaw

was acquitted by a jury in 1969 after being charged as part of District Attorney

Garrison's investigation. The Shaw papers will surely add another dimension to this

particular chapter of the assassination story.

All of these records will enrich the historical record of the assassination for future

generations of Americans. Once these records are processed and described by the

National Archives, they will be available for research. -

VI. The Need For Additional Time

Despite our best efforts and significant accomplishments, some of which I have

outlined, the Review Board will not be able to complete its work within the original

three-year timetable set by Congress for the following reasons:

First, the authors of the original legislation believed that our task would take

three years. That estimate was based on the best available information at the

time, but the legislation established an unprecedented process. There was no

way of knowing the problems of scale and complexity that the Board would

encounter, nor was there any way to factor in the comprehensive approach we

have taken in fulfilling our mandate.

Second, the Board was not appointed until 18 months after the legislation was

signed into law. As a result, without the guidance of the Board, Federal agencies

initially defined for themselves the universe of records that should be processed

under The Act and to speculate about the kind of evidence that would be needed

to sustain the redaction of assassination-related information. Once the Board

was in place, agencies needed to redo a considerable amount of work. In fact,

many agencies have yet to complete their review and the Board is still seeking

their compliance.

*

Third, our enabling legislation imposed several restrictions on the manner in

which the Board could operate. Unlike other temporary agencies, the Board

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could not hire or detail experienced federal employees, but rather had to hire

new employees who had to undergo background investigations and be cleared at

the Top Secret level. Locating and renovating space that was suitable for the

storage of classified materials was required. As a result, the Board could not

begin an effective review of records until the third quarter of our first year.

We are pleased and proud that the Review Board and staff have been able to overcome

these obstacles, and that we have developed an efficient and effective process for the

review of records. All involved in this process want to see that the job is done, and do

not want to cease now with a reasonable conclusion in sight. We want to finish the job

we began, and with one additional year we can.

VII. The Job Ahead

The additional year of operations will permit the Review Board to finish its task by

completing several major areas of our work. Please be assured that these are-ve 2c

identifiable projects that are critical to ensuring that the JFK Collection is as complete as "enion is as

possible, that relevant Federal agencies have been held accountable, and that all that we

have done is documented in our final report. The Board would focus in our final year

on the following:

CIA Sequestered Collection. The Review Board has completed its review of the

Oswald "201 file," the file created and maintained by the CIA on Oswald and the

assassination. The Review Board is now faced with the task of reviewing the

agency's "Sequestered Collection," the large collection of files that was

assembled by the CIA in response to requests made by the House Select

Committee on Assassinations, chaired by Congressman Stokes, in the late 1970's.

These records find their relevance to the assassination defined in part by the

course of the HSCA investigation. The Sequestered Collection originally

consisted of 63 boxes of CIA - and HSCA-originated records as well as 72 reels of

microfilm. Unfortunately, these records are in a confused order, poorly

described, and are replete with duplicates. Some of these records are clearly of

great significance, some are of only marginal interest, and the relevance of others

cannot be identified.

*

FBI Sequestered Collection. The FBI divides its assassination records into two

general categories. The first is the "Core and Related Files," consisting of nearly

600,000 pages of files collected in the course of the massive FBI investigation into

the assassination. The Review Board will complete its review of this significant

collection by the end of FY 1997. The second, which the FBI refers to as its

"HSCA records," is a large collection of records that were identified as being of

interest to the HSCA and which remain to be reviewed by the Board. Like the

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CIA's Sequestered Collection, this voluminous body of records (approximately

280,000 pages) ranges widely in relevance to the assassination.

*

The Records of Some Federal Agencies and Congressional Committees.

Additional time will allow the Board to finish its work with several agencies,

including the Secret Service, the National Security Agency, and Congressional

Committees, including the Senate Intelligence Committee.

Search for Additional Records. With one more year of operations, the Board's

search for additional records held by Federal agencies, private individuals, and

local governments would be concluded with greater confidence. Some of these

records have been identified, but not yet acquired by the Board.

*

Federal Agency Compliance. In November 1996, the Review Board initiated a

compliance program to ensure that Federal agencies have fully cooperated with

the Board in discharging its responsibility of assuring Congress and the

......:"..

American public that the goals of the JFK. Act have been accomplished to the heen accom pisse

greatest possible extent. The requests to document compliance with the JFK Act

were sent to 27 U.S. government agencies and departments to confirm that the

U.S. government has identified, located, and released all records relating to the

assassination of President Kennedy. The agencies' statements of compliance will

be included in the Review Board's final report to the Congress. The one-year

extension will ensure that the compliance program is completed and fully ..

documented in the final report.

It is important for the Review Board to complete these major projects. The Board

believes that the completion of the task outlined above, the inclusion of these important

records in the JFK Collection, and the documentation of Federal agency compliance as

part of the final report will mark an appropriate point at which to conclude the Board's

work. We are confident that all that remains for the Board can be accomplished in an

additional year.

VII. An Approach to the Review of the Remaining CIA and FBI Records

It is clear to the members of the Review Board that there is much work to be done. The

review of the remaining CIA and FBI records is a cumbersome and complicated task.

However, the Board and staff have the benefit of our experience to date that sets the

stage for an efficient and effective review of the remaining records. I would like to

briefly describe our early experiences reviewing records and how the past two years set

a firm foundation for the future and would work to our advantage in our last year.

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Our review of records in the early months was slowed by the complexities of the issues

raised in the records. The unprecedented new standards of the JFK Act, which go far

beyond those established under the Freedom of Information Act, required a time-

consuming early phase.

At first, the review process proceeded slowly and the agencies were afforded ample

opportunity to present their evidence. Over time, the Review Board began to

standardize its interpretation of the relevant section of the JFK Act and the issues raised

in the various documents. Now that the Review Board and the agencies are familiar

with the rigorous demands of the JFK Act, the process has accelerated. In a

progressively increasing number of cases, records that initially contained proposed

postponements can be released through a "consent" process. In this consent process,

the ARRB staff notifies an agency that its proposed postponements are not likely to be

approved by the Review Board and the agency thereupon voluntarily consents to the

release of the information.

In our review of the FBI's "Core and Related Files" and the CLA's "Oswald 201 File," !. C: =*:

the records that have been the focus of our attention to date, we subjected every

requested redaction to a rigorous test: did the evidence of the harm that would result

from the release of the information outweigh the public interest in the information?

In considering our review of the CIA and FBI "Sequestered Collections," the Board

recognized that it needed to develop a different approach, one that would take into

account the varied degree of relevance of individual records to the assassination. Only

in this way could the Board ensure that it would appropriately expend its resources in

its last year. As a first step, the Board carefully analyzed each collection in order to

determine what priority should be assigned to the category of records. In addition, the

Board developed a set of guidelines for the review of these records which recognized

that some categories of records did not require the intensive word-by-word review that

had been the rule for the core collections that have been the subject of the Board's

attention to date. The development of these guidelines began with the August 6, 1996

Board public hearing and culminated in their adoption at the October 16, 1996 Board

meeting. The ARRB staff will distinguish between records whose relevance to the

assassination is clear and those not believed to be relevant (or "NBR"). Applying these

new standards will permit the ARRB staff to identify and review the most significant

remaining records in order of priority.

These detailed guidelines will reduce the loss of valuable Review Board and ARRB staff

time expended to review, on a word-by-word basis, those documents that have a

remote relationship, at best, to the Kennedy assassination. Those documents that are

identified as relevant to the assassination will continue to be reviewed word-by-word.

These standards of relevance are designed to ensure that the greatest number of true

9

---

## Page 233

4-00000

r.

assassination records is properly identified, reviewed, and made public in the JFK

Collection at the National Archives.

The fruits of our labor from the first three years would be realized in our last year, one

in which we would be reviewing some of the most difficult records, and potentially

most important records, but with the benefit of our invaluable experience. I am happy

to report that we have received assurances from the FBI and CIA that they will work

with us in a final year to make sure that the necessary resources are applied so that our

task can be completed.

IX. Conclusion

In making our recommendation for a one-year extension, we, the members of the

Review Board, are fully cognizant of the difficulties inherent in extending a temporary

commission. We are aware of the concern that temporary bodies may have a self-

preserving and self-perpetuating instinct, and want to assure you in the clearest and

most unambiguous manner that our recommendation is motivated strictly by our desire

to complete the job. My colleagues and I were appointed as private citizens and have

many competing claims on our time and energy. It is our collective conviction that the

additional time is necessary and our sincerest commitment that we will complete our

task by the end of Fiscal Year 1998, if given the means.

I would like to note that, as you may be aware, the Administration is supportive of the

one-year extension for the Review Board and has submitted an FY 1998 budget

amendment to allow us to complete our work, close out our operation, and submit our

final report.

Since the Review Board began this effort three years ago, we have witnessed the

widespread and passionate interest that the American public has in the assassination of

President Kennedy. We have received thousands of letters, telephone calls, faxes and

e-mail messages from individuals who care deeply about our history. They come from

all walks of life, from all over the country, and are of all ages. Their interest is of

varying degrees and they do not all agree on what happened in Dallas on November 22,

1963. However, they do agree that the public has the right to see the files on the

assassination.

I believe that what the Review Board is all about can be summed up in a letter we

received from a man from California just last week. The author is not a professional

historian, not a student working on a paper for a history class, but simply a private

citizen interested in learning about this tragic historical event. He wrote the following:

"In my humble opinion, it appears that the ARRB is having a healing effect

10

---

## Page 234

4-00000

upon the American public, who may be coming to realize that there may be

closure in sight (in our lifetimes) with regard to the JFK assassination."

These words capture why the Review Board was created by the Congress and why we

hope that the Review Board will have the additional year to complete our task.

The Assassination Records Review Board was conceived as a means of eliminating

uncertainty and speculation about the contents of government files relating to the

assassination of President Kennedy. We, the members of the Board, believe that a

premature termination of the Review Board would surely generate intensified doubts

within the general public about the commitment of Congress to release all information

that relates to the assassination of President Kennedy, as well as renewed speculation

about the conduct of our government and its institutions and personnel. If appropriate

closure is not reached now, the identical issues will likely have to be addressed again in

the future at even greater cost. The additional year that we recommend will allow, for

a confident conclusion of this important task. or of t: arrester fear

Mr. Chairman, and Members of the Subcommittee, on behalf of the members of the

Assassination Records Review Board, I thank you for allowing us this opportunity to

discuss our work and our future. We urge you to favorably report H.R. 1553. I would

be happy to answer any questions that the members of the Subcommittee may have for

me. The Board and staff stand ready to provide the Subcommittee with any additional

information that may be required. Thank you.

11

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## Page 235

4-00000

Assassination Records Review Board

Document Sample

Record Number: 124-10023-10236

JuP.

Date::

To:

From:

Subfoot:

Before

Redacted version of document available:

before Board action

THE FOREIGN SERVICE

OF THE

UNITED STATES OF AMERICA

AmarIoRi Inbasay

Paris

8, Franco

October 12; 1960:

Discotor, PBI

43909255)

Logat, Paris

1(105-1067)

LIE HARVEY®

OSWALD

INTERNAL SECURITY - R

Ro Parlo: Iottor 9/27/60.

SECRET

Declassify on: RADI

,18

dur

Malial

ЄХШЕ! , ЛНЕНЕ УНОНК

OTHERWISE

LAR SHORN

4

RUC

2

Burosu

1

ParIs.

Ex 109,

NWP: mas

(3)

590CT 291050

anted by 2040z

105.82555:10

• OCT 18 1960

After

Unredacted version of document available

after Board action

THE FOREIGN SERVICE

OF THE

UNITED STATES OF AMERICA

Amorican Embassy

Paris

8, Franco

Date:

Tos

Ootober 12,

' 1960.

Disootor, FBI 4499052855)

From!

Logat, Paris (105-1067)

Subjoots. IN HArVEY

OSWALD

INTERNAL SECURITY - R

DECLASSIFIED BY SEES SLA ST

01.1435100.205517794 145

SEGRET 45121/2595

1/77 9503000+

•Re 'Paria lotter 9/27/60.

The Swiss' Foderal

report on

Ootober 1, 1960%

lude rurashed the following

Investigation at the "Albert Schweitzer

school for the course beginning in the Fall: of, 1959.

at the college revealed that he has not arrived there up to

the present time.

He had originally written a lettor fron

Moscow Indicating his Intention

to attend there.

A letter

which was

addressed

to him

at

this address by his mother •

was

returned to her since his

whereabouts are

unknown

to

the

collego.

The Swiss Federal Police advised that It is unlikely

that he would have attended the course under a different

name.

The Swiss Federal Police advised that coursas for the

Fall of 1960 commense on October 2, 1960, and that it 1s

possible that the school mar nor recalya further coccareiadanas

from OSWALD.

At the present time, there is ne record of a

for these been at see the tresistered

courses: beginning october 2(a)(l)

The Sulas Fedaral Pollce advised that 1f further

nformation. comes:to the attention of

the Albest Schweitzer

College.

they will be advised and they in turn will advis

u9e (UL)

RUC

2 -

Bureau

- Paris

NWP :mas

(3)

5709T 281050

SREC AL 10 5-375355

TeX 169".

• OCT 18 1960

Clues!

Exempl

---

## Page 236

1020 CONGRESS/

2d Session

SENATE

Calendar No. 552

REPORT

102-328

THE PRESIDENT JOHN F. KENNEDY ASSASSINATION

RECORDS COLLECTION ACT OF 1992

REPORT

Of THE

COMMITTEE ON GOVERNMENTAL AFFAIRS

UNITED STATES SENATE

TO ACCOMPANY

S. 3006

TO PROVIDE FOR THE EXPEDIMIOUS DISCLOSURE OF RECORDS

RELEVANT, TO THE ASSASSINATION OF PRESIDENT JOHN F.

KENNEDY

* 59-010

JuLy 22 degislative day, JuLy 20), 1992-Ordered to be printed

U.B. GOVERNMENT PRINTING OFFICE

WASHINOTON: 1998

S-Rerate 102-3230.

---

## Page 237

SAM NUNN, Georgia

CARL LEVIN, Michimn

JIM SASSER,

Tennesses

DAVID PRYOR

Arkansas

HERBERT KOHL, Wisconsin

JOSEPH I LIEBERMAN, Connecticut

DANIEL K. AKAKA, Hawaii

COMMITTEE ON GOVERNMENTAL AFFAIRS

JOHN GLENN, Ohio, Chairman

WILLIAM V. ROTH, JR, Delaware

TED STEVENS, Alaska

WILLIAM S. COHAN, Maine

WARREN B. RUDMAN, Now Hampahiro

JOHN SEYMOUR, California

LORE I A 8, Director

STEVEN LL KATE,

FRANIUN G. POLE, Minority Staff Director

and Chief Coursel

MICHAL SuB PROsEEz, Chie Cir

(Д)

102D CONGRESS

2d Session

SENATE

Calendar No.

REPORT

102-821

THE PRESIDENT JOHN F. KENNEDY ASSASSINATION

RECORDS COLLECTION ACT OF 1992

JuLY 22 legislative day, JULs 20), 1992-Ordered to bo printed

REPORT

(To accompany S. 8006)

'he Committee on Governmental Affairs, to which was ref

be bill (S: 3006) to provide for the expeditious public disclosu

all records related to the assassination of President John F. Kes

dy; having considered the same, reports favorably thereon with

amendment in the nature of a substitute and recominends that

bill, as amended, do pass.

CONTENTS

Text of Bill.

Committee Action

Barteround and Need for Legislation.

Major Provisions.....

Section-by-Section Analysis

Regulatory Impact....

VII:

Cost Impact...

I. TEXT OF BILL

hit it snated by the Senate agra flouse of epresentatives of

SECTION 1. SHORT TIE

This Act may be cited as the "President John F. Kennedy As

sination Records Collection Act of 1992".

SEC. 2 FINDINGS, DECLARATIONS, AND PURPOSES.

clares that

(a) FINDINGS AND DECLARATIONS.-The Congress finds and

---

## Page 238

(1) all Government records related to the assassination of

President John F. Kennedy should be preserved for historical

and governmental purposes;

(2) all government records concerning the assassination of

President John F. Kennedy should carry a presumption of im-

mediate disclosure, and all records should be eventually dis

closed to enable the public to become fully informed about the

history gurrounding the assassination;

(8)

legislation is necessary to create an enforceable, inde-

pendent, and accountable process for the public disclosure of

such records;

(4) legislation is necessary because congressional records re-

lated to the assassination of President John F. Kennedy would

not otherwise be subject to public disclosure until at least the

year legislation is necessary because the Freedom of Informa-

tion Act, as implemented by the executive branch, has prevent

ed the timely public disclosure of records relating to the assas

sination of President John F. Kennedy;

legislation

is necessary

because Executive Order No.

12356, entitled "National Security Information" has eliminated.

the declassification and downgrading schedules relating to clas-

sified information

across government and has prevented the

timely public disclosure of records relating to the assassination

of President John F. Kennedy; and

(7) most of the records related to the assassination of Presi-

dent John F. Kennedy are almost 30 years old, and only in the

rarest cases is there any legitimate need for continued protec-

tion of such records.

(b) PuRposEs.-The purposes of this Act aro

(1) to provide for the creation of the President John F. Ken-

nedy Assassination Records

Collection at the National Ar-

chives and Records Administration; and

(2) to require the expeditious public transmission to the Ar-

chivist and public disclosure of such records.

SEC. 3. DEFINITIONS.

In this Act:

"Archivist" means the Archivist of the United States.

"Assassination record" means a record that is related to the

assassination of President John F. Kennedy, that was created

or made available for use by, obtained by, or otherwise came

into the possession of -

A) the Commission to Investigate the Assassination of

President John F. Kennedy (the

"Warren Commission")

B) The Commission on Central Intelligence Agency Ac-

tivities Within the United States (the "Rockefeller Com-

mission");

(C) the Senate Select Committee to Study Governmental

Operations with. Respect to Intelligence

Activities (the

"Church Committee");

D) the Select Committee on Intelligence (the "Pike Com-

mittee") of the House of Representatives;

3

(F) the Library of Congress;

) the National Archives and Records Administrati

(H) any Presidential library;

any Executive agency;

any independent agency

E any State or local law enforcement office tea pro

d support or assistance or performed work in connect

With a Federal inquiry into the assassination of Presid

John F. Kennedy,

made from such records.

"Collection"

eans the President John F. Kennedy As

tion Records Collection established under section

ernment

wet that has ' mean a ceil the Federal e

records, including-

to the Boat Contes on a Admit it of hore reg

the House of Representatives;

ith regard to records ai the senate

i rega so to record of o Sent it Commise

Inment Operations with Hespect to Intellig

tivities and other assassination record

(C) the Library of Congress;

(D) the National Archives as custodian of assassinat

records that it has obtained or

possesses, including

Commission to Investigate the Assassination of Presid

John F. Kennedy and the Commission on Central Inte

gence Agency Activities in the United States; and

E) any other executive branch office or agency, and &

independent agency.

"Identification aid" means the written description prepa:

for each record as required in section 4.

"National

Archiveg" means

Presidential

archival depositories

2112 of title 44, United States Code.

tion of te invat Joan " and the gie of they Presid

lial commission, any authorized congressional committee, ¿

any Government agency either independently, at the requ

---

## Page 239

of any Presidential commission or congressional committee, or

at the request of any Government official.

"Originating body" means the Executive agency, government

commission,

congressional

committee,

or other governmental

entity that created a record or particular information within a

record.

"Public interest" means the compelling interest in the

prompt public disclosure of assassination records for historical

and

governmental purposes

forming the American people

a about the history suffolding

about the

the assassination of President John F. Kennedy.

"Record" includes a book, paper, map, photograph, sound or

video recording, machine readable material, computerized,

di-

gitized, or electronic information, regardless of the medium on

which it is stored, or other documentary material; regardless of

its plevie for or cherns the ices.

means the Assassination Records Review

Board establighed by section Y.

"Third agency" means a Government agency that originated

an assassination record that is in the possession of another

agency.

SEC. 4. PRESIDENT JOHN F. KENNEDY ASSASSINATION RECORDS COL

LECTION AT THE NATIONAL ARCHIVES AND RECORDS AD.

MINISTRATION.

(a) IN GENERAL. (1) Not later than 60 days after the date of en-

actment of this Act, the National Archives and Records Adminis-

tration shall commence establishment of a collection.of records to

be known as the President John F. Kennedy Assassination Records

Collection. In so doing, the Archivist shall engure the physical in-

tegrity and original provenance of all records. The Collection shall

consist of record copies of all Government records relating to the

assassination of President John F. Kennedy, which shall be trans-

mitted to the National Archives in accordance with section 2107 of

title 44, United States Code. The Archivist shall prepare and pub-

lish a subject guidebook and index to the Collection.

(2) The Collection shall include

(A) all assassination recorde

(i) that have been transmitted to the National Archives

or disclosed to the public in an unredacted form prior to

the date of enactment of this Act;

(ii) that are required to be transmitted to the National

Archives; or

(ii) the disclosure of which is postponed under this Act;

(B) a central directory comprised of identification aids cre-

ated for each record transmitted to the Archivist the under

section 5; and

(C) all Review Board records as required by this Act.

(b) DISCLOSURE OF RECORDS.-All assassination records transmit-

ted to the National Archives for disclosure to the public shall be

included in the Collection and shall be available to the public for

inspection and copying at the National

Archives within 30 days

after their transmission to the National Archives.

(c) FEEs fOr COPYING.- The Archivist shall —

(1) charge fees for copying assassination records; and

5

4) grant waivers of such fees pursuant to the standards e

ablished by section 552(aY4) of title 5, United States Code

d) ADDITIONAL REQUIREMENTS. (1) The Collection shall be pre

served, protected, archived, and made available to the public at th

National Archives using appropriations authorized, specified, an

restricted for use under the terms of this Act.

(2) The National Archives, in consultation with the Informatio

Security Oversight Office,

shall ensure the security of the post

poned assassination records in the Collection.

(e) OVKRSIGHT.-The Committee on Government Operations o

he House of Representatives and the Committee on Governmenta

Affairs of the Senate shall have continuing oversight jurisdictios

with respect to the Collection.

RECOR'S BY COVERNMENT OFFICES.

(a) IN GENERAL- (1) As soon as practicable after the date of en

actment of this Act. each Government office shall identify and o

ganize its records relating to the assassination of President John F

Kennedy and prepare them for transmission to the Archivist for in

clusion in the Collection.

(2) No assassination records shall be destroyed, altered, or muti

lated in any way.

puble prior to the dot of on me or ilable of day led to tid

redacted, postponed for public disclosure, or reclassified.

public disclosure, or reclassified.

Custody.orF

dy of its assassination records for purposes of preservation, securi

ty, and efficiency, unless

Board requires the

records for purpo of co ducting a in dependel trad apar

tial review;

(2) transfer is necessary for an administrative hearing o

• other Review Board function; or.

(2) In a determine which of a rovere assa giation recorda

(B) determine which of its assassination records have beet

officially disclosed or publicly available in a complete and un

redacted form;

lar information

third agency or by another Government office; and

---

## Page 240

(ii) transmit to a third agency or other government office

those records, or particular information contained in those

records, or complete and accurate copies thereof;.

(D(i) determine whether its assassination records or particu-

lar information in assassination records are covered by

the

standards for postponement of public disclosure under this Act;

and

(ii) specify on the identification aid required by subsection (d)

he applicable postponement provision

contained in section 6;

(E) organize and make available to the Review Board all as

sassination

records

identified

under subparagraph (D) the

public disclosure of which in whole or in part

may be post

poned under this Act;

(F) organize and make available to the Review Board any

record concerning which the ofice has any uncertainty as to

whether the record is an assassination record governed by this

Act;

(G) give priority to the identification, review, and transmis

sion,

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 552 of title

5, United States Code; and

(H) make available to the Review Board any additional infor-

mation and records that the Review Board has reason to be

lieve it requires for conducting a review under this Act.

(3) The Director of each archival depository

established under

section 2112 of title 44, United States Code, shall have as a priority

the expedited review for public disclosure of assassination records

in the possession

and custody of the depository, and shall make

uch records available to the Review Board as required by this Act

d) IDENTIFICATION AIDS. (IXA) Not later than 45 days after the

late of enactment of this Act, the Archivist, in consultation witl

he appropriate Government ofices, shall prepare and make avail

able to all

Government offices a standard form of identification or

finding aid for use with each assassination record subject to review

under this Act.

(B) The Archivist shall ensure that the identification aid pro-

gram is established in such a manner as to result in the creation of

a uniform system of electronic records by Government offices that

are compatible with each other.

(2) Upon completion of an identification aid, a Government office

shall-

(A) attach a printed copy to the record it describes;

B) transmit to the Review Board a printed copy; and

(C) attach a printed copy to each assassination record it de-

scribes when it is transmitted to the Archivist.

(3) Assassination records which are in the possession of the Na-

tional Archives on the date of enactment of this Act, and which

have been publicly available in their entirety without redaction,

shall be made available in the Collection without any additional

review by the Review Board or another authorized ofice under this

Act, and shall not be required to have such an identification aid

unless required by the Archivist.

(e) TRANSMIBBION TO THE NATIONAL ARCHIVES.-Each Gover

ment office shall-

(1) transmit to the

Archivist, and make available to th

public not later than 300 days after the date of enactment c

this Act,

all assassination records that can be publicly dis

(2) transmit to the Archivist upon approval for postponemen

the Review Board or upon completion of other action al

(f) CUSTODY OF POSTPONID ASSASSINATION RECORDS.-An assassi

sation record the public disclosure of which as been postpon

hall, pending trangmission to the Archivist, be held for reasons

security and preservation by the originating body until such tim

as the information security program has been established at th

Archives as required in section 4(e)2).

(g) PERIODIC REVIEW OF POSTPONED ASSABSINATION RECORDS.-

Ill postponed or redacted records shail be reviewed periodically t

the originating agency and the Archivist consistent with the rec

ommendations of the Review Board under section 9(c)(3)(B).

2XA) A periodic review shall address the public disclosure of ac

itional assassination records in the Collection under the standar

of this Act.

ription hail be provided to co chiv po at hish, Such t

ription shall be

Federal Register upon determination.

C) The periodic review of postponed assassination records shal

serve to downgrade and declassily security classified informatio

(D) Each assassination record shall be publicly disclosed in full.

and available in the Collection no later than the date that is 2E

years after the date of enactment of this Act, unless the President

certines, as required by this Act, that

? continued postponement is made necessary by an identif

ble harm to the military defense, intelligence operations, o

conduct of foreign relations; and

(ii) the identifiable harm is of such gravity that it outweighs

the public interest in disclosure.

b) FERS FOR COPYING. - Executive branch agencies shall-

1) charge fees for copying assassination records; and

) grant waivers of such fees pursuant to the standards

blished by section 552(a(4) of title 5, United States Cod

SEC. 6. GROUNDS FOR POSTPONEMENT OF PUBLIC DISCLOSURE 01

RECORDS,

Disclosure of assassination records or particular information ir

assassination records to the public may be postponed subject to the

limitations of this Act if there is clear and convincing evidence

that-

---

## Page 241

8

(1) the threat to the military defense, intelligence operations,

or conduct of foreign relations of the United States posed by

the public disclosure of the assassination is of such gravity that

it outweighs the public interest, and such public disclosure

would reveal;

(A) an intelligence agent whose identity currently re-

quires protection;

3) an intelligence source or method which is currentl

utilized,

or reasonably expected

to

be utilized, by

the

United States Government and which has not been offi

cially disclosed,

the

disclosure of which

would interfere

with the conduct of intelligence activities; or,

(C) any other matter currently relating to the military

defense, intelligence operations or conduct of foreign rela-

wons of the United States, the disclosure of which would

demonstrably impair the national security of the. United

States;

(2) the public disclosure of the assassination record would

eveal the name or identity of a living person who provide

onndential information to the United States and would pose :

substantial risk of harm to that person;

(3) the public disclosure of the assassination record could rea-

sonably be expected to constitute an unwarranted invasion of

personal privacy, and that invasion of privacy is so substantial

hat it outweighs the public interest;

(4) the public disclosure of the assassination record would

compromise the existence of an understanding of confidential-

ity

currently requiring protection between a Government

agency and a cooperating individual or a foreign government,

and public disclosure would be so harmful that it outweighs

the public interest; or

(5) the public disclosure of the assassination record would

reveal a security or protective procedure currently utilized, or

reasonably expected to be utilized, by the Secret Service or an-

other Government agency responsible for

protecting Govern

nent officials, and public disclosure would be so harmful that

it outweighs the public interest.

SEC. 7. ESTABLISHMENT AND POWERS OF THE ASSASSINATION RECORDS

REVIEW BOARD.

(a) ESTABLISHMINT.- There is established as an independent

agency a board to be known as the Assassinations Records Review

Board.

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

consent of the Senate, shall appoint, without regard to political af

filiation, 5 citizens to serve as members of the Review Board to

ensure and facilitate the review, transmission to the Archivist, and

public disclosure of Government records related to the assassina-

tion of President John F. Kennedy.

(2) The President shall make nominations to the Review Board

not later than 90 calendar days after the date of enactment of this

• Act.

(3) If the Senate votes not to confirm a nomination to the Rev

Board, the President shall make an additional nomination not l:

than 30 days thereafter.

(4X(A)

The President shall make nominations to the Rev

Board after considering persons recommended by the Ameri

Historical Association,

the Organization of American

Histori:

the Society of American Archivists, and the American Bar Assc

tion.

ment of this Act,

the President shall consider for nomination

persons recommended by the other organizations described in :

paragraph (A).

(C) The President may request an organization described in :

paragraph (A) to submit additional nominations.

(5) Persons nominated to the Review Board:

John Fo Kennent, relating to the assassination of Presic

3) shall be distinguished persons of high national prof

I reputation in their respective fields who are capable of

who possess an appreciation of the value of such materia

scholars, and government; and

the abil cholar the go protent; an historian and 1 al

(c) SECURITY CLEARANCES. (1) All Review Board nominees s

be granted the necessary.

security.

clearances in an

acceleri

manner subject to the standard procedures for granting such cl

ances.

an in to nies condi gradi for co the mation by teem

on Governmental Affairs of the Senate.

(d) CONPIRMATION HEARINGs.* (1) The Committee on Governi

tal Alairs of the Senate shall hold confirmation hearings withi

days in which the Senate is in session aftet the nomination

Review Board members.

'(2) The Committee

senate immediately.

report from the Committee on Governmental Affairs.

e) VACANCY.-A vacancy on the Review Board shall be filler

the same manner as specified for original appointment withir

days of the occurrence of the vacancy.

---

## Page 242

10

(f) CHAIRPERSON.-The Members of the Review Board shall elect

one of its members as chairperson at its initial meeting

g) REMOVAL OF REVIEW BOARD MEMBER- (1) No member of the

Review Board shall be removed from office; other than—

A) by impeachment and conviction; or

B) by the action of the President for ineticiency, neglect of

duty, malfeasance in office, physical disability, mental incapac-

ity, or any other condition that substantially impairs the per-

formance of the member's duties.

(2(A) If a member of the Review Board is removed from office,

and that removal is by the President, not later than 10 days after

the removal the President shall submit to the Committee on Gov-

ernment Operations of the House of Representatives and the Com-

mittee on Governmental Affairs of the Senate a report specifying

the facts found and the grounds for the removal.

(B) The President shall publish in the Federal Register a report

submitted under paragraph (2)(A), except that the Prosident may, if

necessary to protect the rights of a person named in the report or

to prevent undue interference with any pending prosecution,

completion of such pending cases or pursuant to privacy protection

requirements in law.

3XA) A member of the Review Board removed from office may

in the United ravis Distribe Court for the Dirt act Columbies ced

B) The member may be reinstated or granted other appropriate

relief by order of the court.

(h) COMPENSATIÓN OF MEMBERS.-(1) A member of the Review

Board shall be compensated at a rate equal to the daily equivalent

tive Schedule under section

each day (including travel time) during which the member is en-

gaged in the performance of the duties of the Review Board.

(2) A member of the Review Board shall be allowed reasonable

ravel expenses, including per diem in lieu of subsistence.

at rates

or employees of agencies under subchapter I of chapter 57 of title

United States Code, while away from the member's home or reg

Boat place or buana in the performance of errica for due Renter

(i) DUTIES OF THE REVIEW BOARD.-(1) The Review Board shall

consider and render decisions on a determination by & Government

office to seek to postpone the disclosure of assassination records.

(2) In carrying out paragraph (1), the Review Board shall consid

er and render decisions

(A) whether a record constitutes an assassination record; and

(B) whether an assassination record or particular informa-

tion in a record qualifies for postponement of disclosure under

this Act.

(j) PowERS.—(1) The Review Board shall have the authority to act

in a manner prescribed under this Act including authority to

(A) direct Government offices to create identification aids

and organize assassination records;

B) direct Government offices to transmit to the Archivist as

sassination records as required under this Act, including segre-

11

gable portions of assassination records, and substitutes e

summaries of assassination records that can be publicly

closed to the fullest extent;.

(Ci) obtain access to assassination records that have br

identified and organized by a Government office;

(ii) direct a Government office

available t

Review Board, and i necessary investigate the facts surrou

ing, additional information, records, or testimony from indi!

the destruction a Gay ecorat ol co to lount in writin

President John F. Kennedy;

E) receive information from the public regarding the ide

ication and public disclosure of assassination records; and

F) hold hearings, administer oaths, and subpoena witnes

and documents.

A subpoena issued under paragraph (I/Ci) may be en

any appropriate Federal court acting pursuant to a lawf

quest of the Review Board.

be a ving the United eRe or Burp hall be coni does

title 18, United States Code.

disposition

Review Board.

(2) The Review Board shall have the duty to cooperate with

exercise of such oversight jurisdiction.

ice ministration cal Pro drainate die he ines a s

Review Board on a reimbursable basis.

(n). INTERPRETIVE REGUZATIONs.-The Review Board may issue

terpretive regulations.

(0) TERMINATION AND WINDING UP. -(1) The Review Board :

the terms of its

members shall

ahet the d e of enactment of this At except that the Rev

Board anted i he dom or donated is ten ren tai 2,

plete all other reporting requirements under this Act.

(3) Upon termination and winding up

trans roll era nations to the An it the inclusion in the

lection, and no record of the Review Board shall be destroyed

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## Page 243

12

SEC. 8. ASSASSINATION RECORDS REVIEW BOARD PERSONNEL.

(a) ExEcUTIvE DIREcTOR.—(1) Not later than 45 days after the ini-

tial meeting of the Review Board, the Review Board shall appoint

one citizen, without regard to political affiliation, to the position of

Executive Director.

(2) The person appointed as Executive Director shall be a private

citizen of integrity and impartiality who is a distinguished profes

sional and who is not a present employee of any branch of the Gov-

ernment and has had no previous involvement with any official in-

vestigation

or inquiry relating to the assassination of President

John F. Kennedy.

(3)(A) A candidate for Executive 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 quality for the necessary security clearance

prior to being approved by the Review Board.

(4) The Executive Director shall-

(A) serve as principal liaison to Government offices;

B) be responsible for the administration and coordination of

the Review Board's review of records;

(C) be responsible for the administration of all official activi

ties conducted by the Review Board; and

D) have no authority to decide or determine whether any

record should be disclosed to the public or postponed for disclo

(5) The Executive Director shall not be removed for reasons other

than by a majority vote of the Review Board for cause on the

grounds of inefficiency, neglect of duty, malfeasance in office, phys-

ical disability, mental incapacity, or any other condition that sub-

stantially impairs the performance of the responsibilities of the Ex-

ecutive Director or the staff of the Review Board.

(b) STAFF. (1) The Review Board may, in accordance with the

civil service laws but without regard to civil service law and regu-

lation for competitive service as defined in subchapter 1; chapter 33

i title 5, United States Code, appoint and terminate additiona

ersonnel as are necessary to enable the Review Board and its Es

ecutive 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 present

employee of any branch of the Government and who has had no

revious involvement with any oincial investigation of inquiry r

ating to the assassination of President John F. Kenned

3)(A) A candidate for staft shall be granted the necessary securi

y clearances in an accelerated manner subject to the standard pro

cedures for granting such clearances.

B) A candidate for the stati shall quality for the necessary su

ity clearance prior to being approved by the Review Board

(c) COMPENSATION.-The Review Board shall fix the compensation

the Executive Director and other personnel in accordance wil

le 5. United States Code, except that the rate of pay for the Exe

utive Director and other,

personnel may not exceed the rate pay:

able for level V of the Executive Schedule under section 5316 of

that title.

13

responsibilities of the Review Board under this Act.

) Any advisory committee created by the Review Board shall

subject to the Federal Advisory Committee Act (5 U.S.C. App

SEC. 9. REVIEW OF RECORDS BY THE ASSASSINATION RECORDS REVIEW

preservation, security, and efriciency, unless

requires the

rod or ron of conductine independent transe o

tial review; or

(2) such transfer is necessary for an administrative hearing

or other official Review Board function.

(c) DETERMINATIONS OF THE REVIEW

BOARD._(1) The Review

pard shall direct that all assassination records be transmitted

re Archivist and disclosed to the public in the Collection in ti

absence of clear and convincing evidence that-

(A) a Government record is not an

sure under this Act.

(2) In approving

postponement of

nation record, the feview Board sha public disclosure of an assassi.

(A) provide for the disclosure of segregable parts, substitutes,

or summaries of such a record; and

(B) determine, in consultation with the originating body and

consistent with the standard for postponement under this Act

which of the following alternative forms of disclosure shall be

@ Any reasonably segregable particular information in

an assassination record.

(ii) A substitute record for that information which is

postponed.

li) A summary of an assassination record.

(3) With respect to each assassination record or particular infor

mation.in

assassination records

summaries have been disclosed to

nall create and transmit to the Archivist a report containing-

A) a description of actions by the Review Board, the origi

nating body, the President, or any Government office (includ.

ng a justification of any such action to

any record or part of any record and of any official proced

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## Page 244

14

ings conducted by the Review Board with regard to specific as-

sassination records; and

B) a statement, based on a review of the proceedings and in

conformity with the decisions reflected therein,

designating a

recommended specified time at which or a specified occurrence

following which

the material may be appropriately disclosed to

the public under this Act.

(4)(A) Following its review and a determination that an assassi-

nation record shall be publicly disclosed in the Collection or post-

disclosure and held

protected

Collection,

povie board shall notily the head of the originating body of its

determination and publish a copy of the determination in the Fed-

eral Register within 14 days after the determination is made.

(B) Contemporaneous notice shall be made to

the President for

Review Board

determinations regarding executive branch assassi-

nation records, and to the oversight committees designated in this

Act in the case of legislative branch records. Such notice shall con-

tain a written unclassified justification for

public disclosure

or

postponement of disclosure, including an explanation of the appli-

cation of any standards contained in section 6.

(d) PRESIDENTIAL AUTHORITY OVER REVIEW BOARD DETERMINA-

TION.-

(1) PUBLIC DISCLOSURE OR POSTPONEMENT OF DISCLOSURE-

After the Review Board has made a formal determination con-

cerning the public disclosure or postponement of disclosure of

an executive branch assassination record or information within

such a record, or of any information contained in an assassina-

tion record, obtained or developed solely within the executive

branch, the President shall have the sole and nondelegable au-

thority to require

he disclosure or postponement of sua

ecord or information under the standards set forth in sectio:

6, and the President shall provide the Review Board with an

unclassified written certification specifying the President's de

cision within 30 days after the Review Board's determination

as required under

postponement under sec

on 6, accompanied by a copy of the identification aid require

under section 4.

(2) PERIODIC REVIEW.- Any executive branch assassination

record postponed by the President shall be subject to the re-

uirements of periodic review, downgrading and declassifica

ion of classified information, and public disclosure in the Col

lection set forth in section 4.

3) RECORD OF PRESIDENTIAL POSTPONEMENT.-The Review

oard shall, upon its receipt, publish in the Federal Register &

(e) NOTICE TO PUBLIC.-Every 30 calendar days, beginning on the

date that is 60 calendar days after the date on which the Review

Board first approves the postponement of disclosure of an assassi-

nation record,

the Review Board shall publish in the Federal Regis-

ter a notice that summarizes the postponements approved by the

15

Review. Board.or initiated by the President, the House of Repre

sentatives, or the Senate, including a description of the subjec

originating agency, length or other physical description, and eac

ground for postponement that is relied upon.

1) REPORTS BY THE REVIEW BOARD.(1) The Review Board sh

eport its activities to the leadership of the Congress, the Comm

tee on Government Operations of the House of Representatives, th

Committee on Governmental Affairs of the Senate, the Presiden

Archivist, and

the

head

of any Government office who

coras have been the subject of Review Board activity

(2) The first report shall be issued on the date that is 1 year afte

the date of enactment of this Act, and subsequent reports every 1

months thereafter until termination of the Review Board.

(3) A report under paragraph (1) shall include the following infos

mation:

(A) A financial report of the expenses for all official activi

nes and requirements of the Review Board and its personne!

(B) The progress made on review, transmission to the Archi

rist, and public disclosure of assassination records.

(C) The estimated time and volume of assassination recor

involved in the completion of the Review Board's performanc

under this Act.

(D) Any special problems, including requests and the levello

cooperation of government offices, with regard to the ability o

the Review Board to operate as required by this Act.

onement decisions by the Review

nement decisions be the Revie Bolnd i of ret rel de poet

ions authorized by this Act

and a record of the volume o

records reviewed and postponed.

(F) Suggestions and requests to Congress for additional legis

lative authority needs.

(G) An appendix containing

copies of reports of postpon

records to the Archivist required

under section 9(cX8) mad

since the date of the preceding report under this subsection.

(4) At least 90 calendar days

Review Board shall provide written notice

before completing its work, the

to the President anc

Congress of its intention to terminate its operations at a specified

date.

SEC. 10. DISCLOSURE OF OTHER MATERIALS AND ADDITIONAL STUDY.

8) MATERIALS UNDER SEAL OF COURT.-

The Review Board. may request the Attorney General t

petition any court in the

Jnited States

or abroad to release

John F. Kennedy that is held under seal of the court.

information relevant to the assassination of President

(2)(A) The Review Board may request the Attorney General

to petition any court in the United States to release any infor

nation relevant to the assassination of President John F. Ken

nedy that is held under the injunction of secrecy of a grand

jur A request for disclosure of assassination materials under

is Act shall be deemed to consutute a showing of particula

a need under jule o or the Federal Rules of Criminal Proc

dure.

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## Page 245

16

(b) SEnsE oF CONGress.-- It is the sense of the Congress that

(1) the Attorney General should assist the Review Board in

good faith to unseal any records that the Review Board deter-

mines to be relevant and held under seal by a court or under

the injunction of secrecy of a grand jury;

(2) the Secretary of State should contact the Government of

the Republic of Russia and seek the disclosure of all records of

he government of the former Soviet Union, including

the

records of the Komitet Gosudarstvennoy Bezopasnosti (KGB)

and the Glaynoye Razvedyvatelnoye Upravleniye (GRU), rele-

vant to the assassination of President Kennedy, and contact

any other foreign government that may hold information rele-

vant to the assassination of President Kennedy and seek disclo

sure of such information; and

(3) all Executive agencies should cooperate in full with the

Review Board to seek the disclogure of all information relevant

to the assassination of President John F. Kennedy consistent

with the public interest.

SEC. 11. RULES OF CONSTRUCTION.

(a) PRECEDENCE OVER

OTHEr LAW.-When this Act requires

transmission of a record to the Archivist or public disclosure, it

shall take precedence over any other law (except section 6103 of

the Internal

Revenue Code), judicial decision construing such law,

or common law doctrine that would otherwise prohibit such trans

mission or disclosure, with the exception of deeds governing access

to or transfer or release of gifts and donations of records to the

United States Government.

(b) FREEDOM OF INPORMATION ACT.-Nothing in this Act shall be

construed to eliminate or limit any right to file requests with any

Executive agency or seek judicial review of the decisions pursuant

to section 552 of title 5, United States Code.

(c) JUDICIAL REVIEW.-Nothing in this Act shall be construed to

preclude judicial review, under chapter 7 of title 5, United States

Code, of final actions taken or required to be taken under this Act.

(d) ExISTING AUTHORITY.-Nothing in this Act revokes or limits

the existing authority of the President, any executive agency,

the

Senate, or the House of Representatives, or any other entity of the

Government to publicly disclose records in its possession.

(e) RULES OF THE SENATE AND HOUSE OF REPRESENTATIVES.-TO

he 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

House, and it supersedes other rules only to the extent that is

inconsistent with such rules; and

(2) with full recognition of the constitutional right of either

House to change the rules (so far as they relate to the proce

dure of that House) at any time,

in the same manner, and to

the same extent as in the case of any other rule of that House.

17

SEC. 12. TERMINATION OF EFFECT OF ACT.

section 7(0).

(b) OTHER PROVISIONs.—The remaining

the President and the Congress that all assassination records ha'

been made available to the public in accordance with this Act.

SEC. 13. AUTHORIZATION OF APPROPRIATIONS.

) IN GENERAL- There are authorized to be appropriated s

ums as are necessary to carry out this Act, to remain availe

until expended.

b) INTERIM FUNDING-Until such time as funds are appros

ted pursuant to subjection (a), the President may use such su

as are available for discretionary use to carry out this Act.

SEC. 14. SEVERABILITY.

If any provision of this Act or the application thereof to a

erson or circumstance is held invalid, the remainder of this A

attated or to other ditcantane nol not be atited by that:

validation.

I. COMMITTEE ACTION

Mr. Glenn,

March 26,

Hearings were held on May 12, 1992. Testimony was receive

tive Louis to Res; & Bet S Gates, Director otel Central men,

tive Louis Stokes; Robert M. Gates, 1

Agency,

William Sessions,

Bureau of Investigation; Ernest May,

Marquette

tion Archives and Research Center.

On June 25,

proved by a vote a adorn ote a dimen it al hair a

a substitute offered by Senator Glenn.

III. PURPOSE AND SUMMARY

all record. Tell a to the de, sinate a of Presid to blist els

dy. The underlying principles guiding the legislation are indepen

rece, le diac sure, and forceality. i order to rhieve, these

ernment, and it establishes

lective, and it ereable ren expeditio diler for the reno

and disclosure of the records.

ments to ensure that the public will be enabled to make its ow

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## Page 246

18

observations, judgments, and determinations with regard to the

history of the assassination and related matters. In order to pro

vide for the most comprehensive disclosure of records related to the

assassination of President Kennedy,

the Act empowers an inde-

pendent review board with the authority to request any additional

intormation or records from relevant government agencies and con-

gressional committees. Finally, the determinations of the review

board are reviewable and enforceable in a court of law.

These purposes and objectives were carefully addressed during

the development of the new legislation. The

President John

Kennedy Assassination Records Collection Act" ("the Act") reflects

meetings with affected

from relevant agencies in

general, and with particular emphasis

upon the assassination of President Kennedy. The bill also reflects

the considerable

research and expertise of the Committee stafi

with regard to the law and policy of public access to government

information.

The legislation establishes the President John F. Kennedy Assas-

sination Records Collection at the National Archives.

The Collec

ion will be made known and accessible to the public by the cre

ation of a subject guidebook and index to the records created by the

National Archives. The Collection will include all publicly avail-

able assassination records at the National Archives at the time of

enactment (e.g. public records of the Warren Commission); all as

sassination records released by government offices pursuant to the

Act; all postponed records as part of the "protected" Collection;

and all postponed records as they become publicly disclosed in the

future.

The public will also be able to request reproduction o

records from originating government agencies.

Government offices holding assassination records are required to

begin organizing and reviewing such records upon enactment and

have this work completed within ten months of enactment. During

this time, the government offices will determine whether records

qualify as

"assassination records" and then whether they recom-

mend to the Review Board that public disclosure of certain records

be postponed for reasons of national security, confidentiality,.

and

privacy, as established in the Act. All assassination records which

are not recommended for postponement must be made immediately

vailable to the public through the government office and by trans

mission to the National Archives.

corde wrommended for post

donement are required to be reviewed by an independent Assassi-

nation Records Review Board; which makes determinations for re-

lease or postponement.

In the case of executive branch records and information,

the

President has the authority to override the Review Board's deter-

minations with regard to release or postponement. For congression-

al records, in the event that the Congress disagrees with a determi-

nation by the Review Board, each

House

would be required to

adopt a resolution to change or create a rule governing the disposi-

19

the date of enactment unless, in the case of executive branc

records, the

record i, ta Fertilable darn to tate nation security, inteligene

operations, or foreign relations of the United States.

The Assassination Records Review

Board is an independer

gency. within the executive branc.

Revie-

oard will be appointed by the President with the advice and do

sent of the United States Senate. The confirmation hearings will t

onducted by the Committee on Governmental Affairs. The Act r

quires that the Review Board include at least one historian al

the assassination. It has the authority to subpoena private perso:

and to enforce the subpoenas through the courts.

The Review Board is authorized for a two-year period and it u

se extended by a majority vote of the Review Board for up to :

of government offices and agencies,

, ande, bossible de cooper ad

tional time or authority from Congress.

IV. BACKGROUND AND NERD FOR LEGIBLATION

On November 22, 1963, President John F. Kennedy was assas

nated. It was a tragic and defining moment in American histo:

The desire by the American public to understand who assassinat

President Kennedy, and why. has regulted in several official inv

tigations and a broad spectrum of private inquiries and schol.

Unfortunately, in the eyes of the public, each investigati

ali quir unrely, raise additional ublic acady sto ati

increasing the volume of secret government records about the

sassination. In 1992,

the public demand, fostered by increa:

media attention, the opening

ognition by

the Congress and the

Executive

records related to the assassination of President Kennedy should

fully disclosed.

In addition to the legislation considered by the Committee,

its counterpart-considered by the House Committee on Governm

Operations.

four other

Over into, on the Holt on teren tative in ted, Test

mandating the release of all Kennedy assassination investigat

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## Page 247

20

records were H.R. 4090, introduced January 3, 1992, and H.R. 4108,

introduced January 24, 1992. Two House resolutions directing the

unsealing of the records of the Select Committee on Assassinations

were H. Res. 325, introduced January 22, 1992, and H. Res. 326, in-

troduced January 24, 1992.

The Committee shares the belief in the importance of disclosing

the records. It believes that all government records related to the

assassination of President Kennedy should be preserved for histori-

cal and governmental purposes; that all such records should carry

a presumption of immediate disclosure; and that all such records

should be eventually disclosed to enable the public to become fully

informed about the history surrounding the assassination.

The Committee also closely examined the issue of whether legis

lation was necessary and concluded that it was. While disclosure of

the records could be achieved through a non-statutory approach-

by each House of the Congress passing a resolution pertaining to

its records, and the President issuing an executive order to

the

same effect—a statute is necessary to ensure an independent and

enforceable mechanism for disclosure under uniform standards for

review.

In addition, the Committee found that legislation is necessary be

cause congressional records related to the assassination would not

otherwise be subject to

public disclosure until at least the year

2029 (with uncertain

disclosure of related classified executive

branch records); because the Freedom of Information Act, as imple

mented by the Executive Branch, has impeded the timely public

lisclosure of the assassination records; because Executive Order

12356,

"National Security Information,'

ment wide schedules for declassification and downgrading of classi-

jed information and has prevented the timely public disclosure oi

assassination records; and because most of the records related to

the assassination of President Kennedy are at least 30 years old,

and only in the rarest cases is there any legitimate need for contin-

ued protection of such records.

The release of records and materials in the possession of the fed-

eral government pursuant to the legislation will significantly expe-

dite public access to this information. Although certain records re

lated to the assassination of President Kennedy have been made

available over time to the public, the legislation will create oppor-

tunities for the public to review records which might otherwise not

be possible for several decades. Importantly, the public will be en-

abled to make their own observations and judgments based on first.

hand access to previously undisclosed records.

In addition to the above discussion, the Appendix of this report

contains a thorough description and summary of the records of the

presidential commissions and congressional committees which in-

vestigated the assassination of President Kennedy.

V. MAJOR PROVISIONB

The requirements of the "President John F. Kennedy Assassina-

tion Records Collection Act"

are written in a detailed manner

ensure that its implementation is effective and efficient. In addi-

21

tion, it is important to emphasize and clarify the legislative intent

and importance of particular provisions of the Act.

Defining assassination records

'Assassination records" are defined in Section 3. The definitio

f "assassination records" is a threshold consideration for the suc

intended and emphasized that the search and disclosure of recorde

Select Assassination Committees.

The term

ticulating the scope or universe of assassination records as govern

the Review Board undertakes their responsibil

ities. Such guidance will be valuable notwithstanding the fact that

government offices will begin to organize and review their record:

Government offices are re

quired to begin the review and disclosure of records upon enact

ment to expedite public access to the many records which do not

require additional review or postponement. However,

the ultimate

york of the Review Board will involve not only the review o

public, scholars, and aftected government ofices, will prove valua.

ble to ensure the fullest possible disclosure and create public confi

dence in a working definition that was developed in an independ.

ent and open manner.

Autopsy Records

T'he Act specifically excludes from the definition of "assassi

nation records" the autopsy records and copies or reproductions

made from such records donated by the Kennedy family pursuant

to a deed of gift executed on October 29, 1966. These records in

clude the autopsy photographs and X-rays of President Kennedy

The Committee believes that this exclusion is a sound policy. The

Committee believes that there is a compelling justification for pro

tecting the privacy of the Kennedy family from the unwarrantes

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## Page 248

22

intrusion that would be raised by public disclosure of the autopsy

records conveyed by the deed.

The Committee has carefully examined the deed of gift, which is

operative throughout the lifetime of the survivors of the late Presi-

dent Kennedy. The deed in no way restricts access to official gov-

ernment investigators concerned with the assassination. Other

members of the public may obtain access to the autopsy: photo-

graphs and X-rays only with the express written permission of the

Kennedy family

or their legal representative.

The

Committee

found that since the time of the donation, that public access has

been granted judiciously and fairly, and that those best qualified to

review and make use of the records have been granted

access to

the records. It is believed that this practice can and should contin-

ue as set forth by the terms of the deed and will rightfully balance

the needs for access by professionals with the privacy protection in-

tended by the terms of the deed.

Lastly, the provision also serves to restore to the original autopsy

records donated by the Kennedy family to the National Archives

any reproductions or copies of such records. This provision specifi-

cally governs all reproductions or copies made by official investiga-

tive committees or for other purposes, including those created by or

for the House Select Committee on Assassinations (HSCA). During

autopsy photographs and X-rays which were duplicated from the

original records conveyed by the Kennedy deed. This is true despite

a clear and documented understanding between the attorney for

the Kennedy family and the National Archives, set forth

in an

August 15, 1977, memorandum by the National Archives general

counsel. This memorandum

required that all reproductions

or

copies of the autopsy records be returned to the original collection.

It is intended that the Kennedy autopsy records contained in the

HSCA records should be restored to the original collection of such

records in

the National Archives and treated as Kennedy autopsy

records which are exempt from disclosure under the Act.

The President John F. Kennedy Assassination Records Collection

and the National Archives and Records Administration

The legislation is designed and retitled to achieve the single most

important purpose of the Act: public access to the assassination

records. The records related to the assassination of President John

F. Kennedy are the most publicly sought-after, unreleased records

of our government. It is necessary to ensure that our nation's

public access laws apply in full to these records. In Section 4, the

Act requires the Archivist to establish the President. John F. Ken-

nedy Assassination Records Collection at the National Archives

and Records Administration [National Archives]. Furthermore,

the

Archivist, the National Archives, and presidential libraries have

specific responsibilities with regard to public access and disclosure,

as well as

for. providing

guidance to government offices whose

records are the subject of the Act.

23

Subject Guidebook and Index

Section 4(a) requires that the Archivist create a subject guid

book and index so that the public may identify and make request

for assassination records in

the Collection. It is intended that th

uidebook and index, or parts thereof, be made publicly availabl

on a cumulative basis. In addition, it is intended that the Archivi

ensure that copies of the completed guidebook and index are di

tributed nationally to ensure access to the

Collection through r

quests for reproduction of documents.

Identification or Finding Aid

to provide a uniform method for identifying records and create th

learest possible communication between government offices, ori

lating bodies, the Review Board, and others.

A final purpose of th

identification aid is to serve as a finding aid to those in the Natior

al Archives who will be archiving and preparing the subject guide

book of the assassination records. The Archivist's responsibilitie

with regard to the identification aid are solely for the preparatio:

of a standard form that can be used easily and effectively for th

Each government ofic

ace the identification i an equired by chi t, and the Al

must use

chivist may not alter or amend those requirements in any way b:

any additional guidance or regulation.

Fees for Reproduction of Records

The Archivist's responsibilities with regard to making the Collec

tion accessible to the public includes the Committee's concern ove

the cost of records reproduction. It is intended that the Nationa

Archives,

along with

other executive agencies, are required i

make copies of assassination records available to the public at :

the Act requires that the fee waive:

ions of law which have served an important purpose of easing an

acilitating public access to government record:

In developing the legislation, the Committee carefully considere

the cost of reproduction of the assassination retords charged to the

public and the application of the Freedom of Information Act fe

alver requirements to the Nationa. Archives other goyernme

fices which possess assassination records. Just as the definition

the term assassination records is the threshold test for public confi-

dence. in the scope of disclosure resulting from the Act, public

more expensive to obtain copies of records related to the assassina

ion of President Kennedy from the National Archives than fron

ne originating agencies such a

CIA) and the Fe

al Burpan nf Invostioatinn MiA

2e Centre helle ages

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## Page 249

24

tee

examined this concern by investigating the cost of obtaining

copies of records at the National Archives and at agencies includ-

ing the CIA and the FBI. The Committee specifically sought to de-

termine the cost of reproduction of records which are

"on the

shelf' and for which no search is required.

The Committe"on the shelf"

confirmed that it is more expensive for the

records at the National Archives

than at originating agencies.

This is the result to two factors: Pric-

ing policy and application of the fee waiver provisiong of the Free

dom of Information Act (FOIA). The Nationa

Archives charges the

public a higher price for reproduction and does not honor the fe

vaiver provisions of the FOIA in the belief that it is exempt from

such provisions.

The Committee determined that the pricing policy of the

CLA

and the FBI are identical. Where no search is required, the first

one-hundred pages are free, and additional copies cost ten cents per

page-regardless of whether the public takes delivery in person at

the agency or by

mail. In comparison,

the

National Archives

of records requiring mailing. The result has been that the Nationa

Archives has created a burden on the public to shop around gov-

ernment for the least

expensive means of obtaining

determination to continue to charge more for records reproduction

than agencies who comply with the Freedom of Information Act fee

schedule requirements and guidelines; the Act provides in Section

5(h) that the

also

records from the originating agencies.

seek copies

"assassination

The Committee next determined that it is less expensive for the

public to obtain copies of records at originating agencies than at

the National Archives because the agencies fee waiver provisions of

the FOIA. Again; the Committee was especially concerned with the

history of access to "on the shelf" records related to the assassina

tion of President Kennedy. The Committee examined the Nationa

Archives claim that it is exempt from such provisions of the FOLA

the influence that this interpretation has had on the cost of records

to the public, and the impact of such a policy on uniform and rea-

sonable access and public disclosure costs under this Act.

The

Committee determined that application of the FOLA fee

waiver provisions are particularly

essential with

cord pelied to he saination of President do, re a to thy.

First, the National Archives is covered by the Freedom of Informa-

tion Act, there is no exception to this requirement in law, and to

create such an exception would undermine the application of the

nation's foremost means of public access and government account

ability at the nation's foremost repository of government records.

Second, without applying the FOÏA fee waiver provision to

the

Kennedy assassination

records the National Archives would be

cting in a manner which undermines that law. simply put, ti

ublic would lose its rights under the Freedom of Information A

as soon as any record is transferred to the National Archives

Third, as with it pricing policy, its policy with regard to tamirina

25

that it shop around the government for the least expensive meal

of records reproduction.

records contained in the President John F. Kennedy Assassinatis

i te let and te to d public is and dial onl

hile the Congress cannot specify the exact cost of re

production under the Act, it is clearly intended that the cos

ecutive agencies including the National Archives.

Information Security

Another area of responsibility of the Archivist has to do with i

formation

security.

The Act requires that the Collection inclu

records which are vublicly available under the Act as well as thr

record at the ational Archive is hreeold: Time, even

postponed,

these records are not exempt, and are therefore a pi

oment of the legislation several agencies expressed reluctan

oviding the original or even reproductions of classified or ol

wise confidential information to the National Archives. An asse

ment of the National Archives information security program

the Information Security Oversight Office (ISOO) was requested

Senator Glenn. The results confirmed the concerns of governn

agencies. For the five year period between August 1987 and Ma

1992, Mr. Steven Garfinkel, Director of ISOO, identified 35 vi

tions of improper disclosure and handling of classified informat

oy the National Archives at. 10 different facilities including

Vain Archives Building. Mr. Gartinkel stated that the Nati

Archives

tional Archives

commingling of classifed and unclassified records, and other

tors is the security problems at the National Archives.

he requirement in the Act for consultation between ISOC

he National Archives is essential to the Archives fulfilling th

sponsibilities in the Act for archiving and protecting postpo

records. Failure in developing and properly implementing the

minendations of ISOO, and addressing concerns of affected a

cies, will prevent the transmission of postponed records to the

tional Archives.

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## Page 250

• .

26

Publications and Reprints of Documents

The original legislation gave the Archivist the authority to iden-

tify records for reproduction and sale by the Government Printing

Office. The substitute approved by the Senate Committee on Gov-

ernmental Affairs does not include this provision. First, it is be

lieved that by requiring the Archivist to complete a subject guide-

book and index to the Collection, the public will be best served by

having this detailed document-by-document guide. It is expected

that this guidebook and index will be nationally distributed and

provide the public

with the best access to particular

records.

Second, estimates of the volume of records in the Collection will

exceed one million pages, and it is unlikely that the Archivist

would consider it feasible to seek multiple reproductions of bound

volumes containing all the documents ultimately released. Third,

the Act serves to facilitate public disclosure, not to interpret, edit,

or evaluate relevant records. To do otherwise would effectively au-

thorize an official government editor, deciding for the American

public which documents are

"important" and once again interpos-

ing the government between the assassination of President Kenne

ly and the American public. The Archivist retains existing author-

ity to making records available for reprinting and sale by the

Public Printer, but such action should be undertaken with the afore

stated considerations in mind.

Presidential Libraries

In Section 2, the Act includes presidential libraries within the

definition of the National Archives, and in Section 5(C)(3) it specifi-

cally requires the directors of presidential libraries to expedite the

review of all assassination records and make them available to the

Review Board as required by this Act. It is incumbent on the

dential libraries to determine which of its records may qua presi-

"assassination records", regardless of whether the

records were

conveyed to the government by a deed or gift or donation, and

where appropriate, be reviewed under the standards for postpone-

ment of the Act. not the more restrictive standards of the Freedom

of Information Act or an executive order on information classifica-

tion.

This provision reflects the existence of relevant records at presi-

dential

libraries,

though not exclusively to include.

the Lyndon B. Johnson Presidential Library in Austin, Texas, and

the Gerald R. Ford Presidential Library in Ann Arbor, Michigan

Each of these presidential libraries received pertinent records by

deeds of gift or donation, but which have either been made publicly

available or which are in the process of being made publicly avail

able. Specific sets of records which should be made immediatel

available for public disclosure, review by the Review Board, and in-

clusion in the Collection as set forth by this Act

In development of the legislation, the Committee contacted the

Ford and Johnson presidential libraries with regard to the public

availability of its holdings. In the case of the Lyndon B. Johnson

Presidential Library, the particular provision requiring expedited

review, availability to the Review Board, and public disclosure was

developed in consultation with its Director.

27

For the Lyndon B. Johnson Presidential Library, this provisis

the expedited review,

red public disclosure of all es, sination rectrds, and in particul

availability to the Review Boar

the relevant portions of the 3,095 tape recorded conversations

he library's possession. These recordings were made by Preside

Johnson, and were donated to

the library by his former persor

assistant. Mildred Stegall in 1973.

records of the Rockefeller Commission related to the investigatic

of the assassination.

Standards for postponement

Section 6 establishes the grounds for postponement of public di

closure of assassination records. It is important to emphasize thi

postponement means that the records will be publicly available ar

publicly disclosed at some point in the future, and that the star

ards for postponement are not exemptions from disclosure. Fi

thermore,

it is intended that the standards operate as discretios

ary, not compulsory, requirements for disclosure. The underlyin

principle for applying the standards for postponement remains th

the Act. Any

records or information should be narrowly drawn to enable thone

jority of any record to disclosed immediately, so that the redactio

is minimal, and subject to review and disclosure in the near futur

It is intended that the Review Board should make its own determ

nations and that its judgments will be shaped by its experienc

knowledge, and expertise during the course of its work. In addition

it is important to emphasize that postponement requires. that ther

"clear and convincing evidence'

that particular standards fo

however, ma

the Congress, and the public.

Intelligence Agents, Sources, or Methods

Section 6(1XA) permits postponement if the disclosure wouk

"eton one over the bread i of this previeron have beet

aised by representatives of government agencies and experienc

searchers, and have been considered in development of the prot

sion.

Intelligence Agents

read inklicane a con could to poore de overamant

intelligence agent

be postsoned

would create a risk of physical harm to surviving family members,

especially if any of the survivors are currently employees of a U.S.

ntelligence organization. In addition, the government stressed tha

he fact of someone's employment with a U.S. intelligence or cour

terintelligence organization may have been a secret that require:

continued

protection.

the definition of an

This is related to an additional concern about

"Intelligence agent." The government believes

---

## Page 251

28

that it is a term of art and that it should extend to a "domestic or

foreign intelligence or counterintelligence asset,

collaborator, for-

eign liaison contact, or covert employee of a United States intelli-

gence organization, where the identity of any of these currently re-

quire protection.

rom the perspective of some experienced researchers concern

ng the assassination of President Kennedy, the tern

"intelligence

agent" should not apply to deceased agents. They believe that the

years old and do not require continued protection.

of records related to such individuals are at least thirty

The Committee decided that the Review Board should make its

own determinations, and in so doing should consult with the affect-

ed arencies, as well as be receptive to the views of the public.

determining whether or not the identity of a deceased agent should

be disclosed, the Review Board may wish to consider the impact on

survivors as a legitimate question, but the Review Board should

satisfy itself as to the basis and need for such an assertion as

grounds for postponement. The question of the breadth of the term

'intelligence agent" raises a different set of questions. Potentially,

the coverage of all individuals employed in an intelligence or coun-

terintelligence capacity by the united States could become extreme

ly wideranging and serve to defeat the presumption of disclosure

and purpose of the Act. The Committee hesitates to adopt such a

broad definition of "intelligence agent." However, when the Reviev

Board is required to

make determinations about the identities of

"intelligence agents" it should consider the breadth of responsibil-

ities and assignments which might fall into this category. Again,

the Review Board should satisfy itself as to the basis and need for

such an assertion as grounds for postponement.

Intelligence Sources and Methods

"Intelligence source

or meton hit pe currently tilized, or reasonable expected to be

utilized."

Some researchers experienced in the difficulty of access

ing records related to the assassination of President Kennedy have

raised concerns over the scope of this provision because in the past

"intelligence sources" have included newspapers and libraries, and

because

"intelligence methods" have included photography and lis

tening devices on telephones: The Review Board should

consider a

ligence

ligence of factor relate to the need to postpone disco the intel.

sources and methods, including

of the record,

whether the use of a particular source or method is already well

known by the public (e.g. that the Soviet Embassy in Mexico City

was burred during the alleged visit of Lee Harvey Oswald), and

whether the source or method is inherently secret, or whether it

was the information it collected which was secret.

Understanding of Confidentiality.

"Section 6(4) permits postponement if disclosure would "compro

mise the existence of an understanding of confidentiality currently

squiring protection between a Government agent and a cooperat

ne individual or foreign government, and public disclosure would

he so harmful that it outweighs the public interest." The govern-

ment has argued that all such confidentiality requires withholding

29

do germen the note t it as in or of co outain elity man ti

formation

In applying this postponement standard the Review Board shoul

consider: Whether there is an express written confidentiality agree

ment, whether that agreement is express or implied, whether it i

written or unwritten,

the exact restrictions regarding th

cope and duration of confidentiality; whether the agreement cu

ently requires protection; whether a witness or informant or conf

dential source is deceased; and whether the government is seekin

postponement purely because it believes all such records should br

withheld, or because of the informant's express desire that the un

derstanding not be made public.

In all cases where the Reviev

Board is considering postponement, it should keep the withheld in

formation to an absolute minimum,

ment to dee in or the hord et possible d tran one

doing, the Review Board should release as much information fron

the records as is possible.

Priority of reviewing existing Freedom of Information Act requesti

Section 5(2)(bG) requires that government offices give priority t

he identification, review, and transmission, under the standard

for postponement set forth in this Act, of assassination records thai

on

the date of enactment of this Act are the subject of litigatior

under the Freedom of Information Act. This provision is intendec

to stop the continued expenditures by the government and private

individuals related to litigation over records which will be specifi

cally subject to the Act. and reviewed under different. and in most

cases more liberal disclosure standards.

An effort to disclose the

pertinent records to these requestors will assist in responding tr

those who have sought access to the assassination records over the

longest neriod of time. A continued delay in relesse of such records

will only

serve to undermine confidence by those members of the

public whose past interest resulted in the Freedom of Information

Act

litigation.

It is intended that the government offices identify

and begin review of such records as a priority upon enactment ol

the legislation.

Appointment of the Review Board

origin eilation Tat considered te a pinace opened as the

nation Materials Review Board" ¡

dependent runs are elected This selection process is conte in

in the Ethics in Government Act, where it provides a method of in-

dependently determinin Inder this provision the Attorney

the propriety and lawfulness of conduct

by to traited of a t reguest the pointment of an independ.

nt counsel by a special judicial panel chaired by the Senior Judge

if the Fadam' Dinwict Gourt for the D.C. Circuit

The Committee carefully reviewed the use of this provision for

the creation of the Review Board. The Committee determined that

while this approach could possibly enhance the independence of the

eview Board and the miblic confidence in the

other factors mitigated

against this approach.

press, anytra

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## Page 252

30

found that the added responsibilities for the Review Board would

divest the Court's resources and time from its primary responsibil-

ities under the Independent Counsel law. The Committee was also

concerned that the judicial panel lacked the experience and exper-

tise to select individuals who are nationally recognized profession-

als in the fields of history, archiving, and public access to informa-

tion.

With these concerns in mind, the Committee chose an alterna-

tive approach to the appointment process while giving significant

weight to the need for independence, public confidence, and ac-

countability

Section 7 establishes the Assassination Records Review Board.

The Review

Board will stand as the symbol and barometer

public confidence in the review and release of the government's

records related to the assassination of President Kennedy. The in-

dependence of the Review Board will be rightfully judged by the

public at its inception. The President is given the authority to ap

point the members of the Review Board. Several provisions are in-

ended to provide as much independence and accountability as is

possible within our constitutional framework. These include the re.

gunme that the President on be confie ted by the nited States

that the President consider the recommendations of four

private organizations with expertise in the areas of history, archiv.

ing, and the law, and that at least one of the members of the board

be a historian and another be an attorney.

The qualifications are

also intended to maintain

public confidence by requiring that the

soard members be nationally recognized professionals in their field

The organizations chosen to make recommendations was restricted

to historians, archivists, and attorneys because the records are his

torical

records

and historians will want the complete record to

form the historical time and context surrounding the assassination;

archivists because such background will provide insichts and ar

appreciation for records management and the ultimate disposition

the records in the Collection; and attorneys because

of legal

issues which may arise in the implementation of the Act, and

be

ause of the combined skills of advocacy and judgment. All of these

qualifications will be required in the role of

Review Board

member, although the President is free to make his own decisions.

and similarly other organizations and members of the public are.

also free to volunteer their recommendations.

The approach presented in the legislation was developed out of a

desire

satisfy the public demand for an independent entit

which is not controlled by either the

Congress or the President.

These are essential and vital principles to prevent a conflict of in-

terest and ensure efficient, speedy, and full' disclosure of records to

the American public.

Review Board authority to request additional information and

records

In Section 7(XC)(ii) the Act provides the Review Board with the

authority to "direct a Government ofice to male available to the

Review Board and if necessary investigate the faets surrounding

the disposition of additional information, records, or testimony

from individuals, which the Review Board has reason to believe is

31

required to fulfill its functions and responsibilities under this Ar

fices initially chose to make available to the public and the Revi

Board. At the same time,

that this power will be me executive but in a seed a burea

quest and need for access.

the records are reasonably related to the history surrounding t

sassination of President Kennedy, and that the Review Bos

and its

staff be guided by the principle of the need to prote

sources, methods, and confidential matters as set forth under t!

standards in Section 6 of this Act.

Review Board consultation with the public and government offic

Section 8 sets forth the responsibilities of the Review Board. It

intended that the Review Board should consider and consult, whe

ppropriate, with members of the public and with affected ag

ies. This is essential for purposes of serving the public interes

ensuring the fullest public disclosures of records in an independes

and accountable inanner, as well as appreciating the government

interests at stake.

The Review Board may wish to hold hearings,'

establish other forums to ensure that there is an adequate opport

nity for public input and participation.

Furthermore, with regard to government offices which hold a

sassination

records, consultation

and dialogue

is important I

ensure

that communication is clear and that the work of t

Review Board progresses with efficiency and effectiveness. It is i

sortant that the provisions requiring notice of determinations a

n compliance with the Act, and that to the extent possible, consi

tation

with the government offices creates an understanding c

each side as to the basis and reasons for their respective recor

mendations and determinations.

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## Page 253

32

Limitations of presidential postponement

• Section 9(dX1) recognizes the President's authority to override

the determinations of the Review Board; however, the provision ex-

pressly limits such authority to an assassination record or "infor-

mation contained in an assassination record, obtained or developed

solely within the executive branch." This prohibition is intended

specifically. to restrict the President from having any control or au-

thority over legislative branch records or information. For exam-

ple, within the files of the House Select Committee on Assassina-

ions (HSCA) there are staff notes rely in part on information ob

tained or developed by the CIA. Under the

'third agency" rule in

the Act, the CIA could choose to recommend that the Revier Board

postpone those portions which it identifies as originating at the

CIA.

If the Review Board declined the recommendation and the

President sought

to override

the determination, the

President

would be limited to postpone.those sentences or words which were

originated or developed by the CIA. The remainder. of the docu-

ment would have to be publicly disclosed.

Rules of construction

Deeds of Gift. Section 11(a) addresses the need to abide by the

terms of deeds of gift and donation of records to the federal govern-

ment.

With the exception of the autopsy records which are ex

cluded from the Act, this provision does not intend to exclude other

donated records from the scope of assassination records, and al

such records made publicly available are to be included in the Col

lection as established by this Act. It is particularly important that

all such records, especially when classified, are considered "assassi-

nation records" under the Act so that any declassification review is

done under the new standards of this Act, and not the more restric-

tive standards of the Freedom of Information Act and the executive

order on security classified information.

to durin the the nature and extent of donat the co mittee sought

sination records." It found that records and rights in such record

have been transmitted by former Presidents, government officials

and private citizens to

government institutions including the Li

brary of Congress,

the National Archives, and the presidential li

braries. The Committee also familiarized itself with the legal in-

struments of as many of the gifts and donations as possible, and

worked directly with the affected institutions to determine the

• extent to which such records had been made public or could be

nade public. When necessary, the Committee requested that the

individual, persons, or entities in controlling access to such records

make them publicly available.

While many of the records were donated by former Presidents or

their families, allowable in part because the Presidential Records

Act did not exist until the presidency of Ronald Reagani, certain

other individuals have also donated records. The personal papers of

former Representative Hale Boggs, a Warren Commission member.

were donated to the National Archives by his widow the former

lepresentative Lindy Boggs. In another case, the personal paper

f the attorney Elmer Gertz, including the papers related to Gertz'

33

defense of Jack Ruby, were donated by Mr. Gertz to the Library

Congress.

required personal

Come to the erd co mite contaited Mr. anita on

quested that he open these records to the public and remove t

access restrictions. Mr. Gertz agreed without hesitation.

In another example, the Lyndon B. Johnson Library was conta

ed with regard to public access to

relevant portions of the m

han 8,000 tape recordings of conversations of Lyndon B. John

a8

Vice President and President of the United States. The Libra

Director, Harry Middleton, Was

making public

these

contacted and was asked abc

tapes

and other

records

which might

viewed as related to the assassination. Mr. Middleton stated th

although it was unclear whether anyone else's authority

was )

quired to do so, he obtained permission from Mrs. Lyndon B. Job

In a final example, the Committee contacted the Gerald R. Fo

Presidential Library in order to determine the status of the Rock

feller Commission records. Although the Commission devoted a r

atively small portion of its time addressing a few questions abo

the assassination of President Kennedy, the Ford bequest contai

the largest and most complete set

of Rockefeller Commissi

ecords. President Ford had personally required anyone who w

he records, including the Department of Justice who investiga

riminal wrongdoing, to return the records to him personally

ommittee found that by June, 1992, the Ford Presidential Libra

had made the Rockefeller Commission records related to the assa

sination publicly available, and that other related, but still class

fed, records were available for declassification by originating age

cies.

To the extent that there are other "assassination records" whic

bave been donated to the federal government, it is intended thi

the Review Board fully explore such records and governing legs

instruments, and where possible seek the waiver or necessary pe:

mission to open the records to the American public.

Title 5 Public Access Provisions and Judicial Review

ections 11 (b) and (c) address the application of the Freedom

formation Act. and judicial review with regard to activities pi

suant to the Act. In the original legislation,

the authors chose t

exempt the Review Board and the activities authorized by the bil

rom a number of laws dealing with government accountabilit

These included the Freedom of Information Act. the Governmel

in the Sunshine Act, the Administrative Procedures Act, and judi

cial review.

This would have the effect of exempting the personne

ecords of past investigative commissions or committees.

ever

though the

very same records of the Warren Commission hav

been publicly available for at least twenty years. The Committer

believes that this is inconsistent with the operative principle of ar

affirmative presumpt the Commi die, one two original sponsors

At the hearings of the

the legislation in the Senate, Senator David Boren and Senato

Arlen Specter, both called for the application of our nation's law

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## Page 254

34

ensuring openness and accountability, including the Freedom of In-

formation Act and judicial review. Such laws, as well as the Gov-

ernment in the

Sunshine Act, offer

adequate protections in

the

events that meetings need to be closed for reasons of national secu-

rity, as well as other reasons including personal privacy. However,

such exemptions require public notice and this is entirely consist

ent with the extra

level of sensitivity to the accountability

and

redibility of the Review Board. The applicable laws in Title 5 have

been restored to the Act, as has judicial review.

Existing Authority

Section 11(d) provides that nothing in the Act revokes or limits

he existing authority of the President any executive agency.

the

Senate, or the House of Representatives, or any other entity of the

Government to publicly disclose records in its possession. This pro-

vision is intended to. make clear that, although the entities of the

Government are required to disclose all assassination records are

not covered by the standards for postponement in Section 6, they

are not required to withhold or postpone disclosure of assassination

records simply because those records are covered by these stand-

rds. If an agency or congressional committee has other statutor

r inherent authority to release a record, it may do so even thoug

the record would be qualified for postponement for disclosure

under the Act. Thus, with respect to the assassination records,

the

Act sets a floor, but not a ceiling, as to what is to be disclosed. At

the same time, nothing in the Act alters any existing rights or

duties with respect to public disclosure of materials that are not as-

sassination records.

VI. SECTION-BY-SECTION ANALYSIS

Sec. 1. Short title.

The name of the Act is changed from the Assassination Materi-

als Disclosure Act to the President John F. Kennedy Assassination

Records Collection

Act

of 1992 to reflect its particular purpose,

scope, and added priorities.

Sec. 2. Findings, declarations, and purposes.

Section 2 details the congressional findings, declarations,

and

urposes that are to guide the implementation and administration

of the law. It is found and declared that all Government record:

related to the assassination of President Kennedy should be pre-

served for historical and governmental purposes

,. that they should

arry a presumption of immediate disclosure, and that they should

be eventually

lisclosed to enable the public to becorie

fully in-

formed about the history surrounding the assassination. Legislation

is necessary to create an enforceable, independent, and accountable

process for the public disclosure of such records. It is also necessary

because congressional records related to the assassination of Presi-

dent Kennedy would not otherwise be subiect to public disclosure

until at least the year 2029; because the Freedom of Information

Act, as implemented by the executive branch, has prevented the

timely public disclosure of records relating to the assassination of

President Kennedy; and because Executive Order No. 12856,

enti.

85

ed "National Security Information", has eliminated the declassif

ation and downgrading schedules relating to classified informatio

and has prevented the timely public disclosure of records relating

most of the

mate need for continued protection of such records.

The purposes of the law, as indicated in the section, are to pro-

ride for the creation of the President John F. Kennedy Assassina

ion Records Collection at the National Archives and Records Ad

ministration and to require the expeditious transmission of assassi.

nation records

records.

to

the Archivist and

public disclosure of such

Sec. 3. Definitions.

1. A definition

United States, is provided.

of "Archivist"', to mean the Archivist of the

2. The term

"Assassination record" is clarified to mean a record

that is related to the assassination of President Kennedy, that was

or otherwise

enforcement office that provided

ormed work in connection with a Federal inquiry into the assassi

nation of President Kennedy,

but does not include the autons

records donated by the Kennedy. family to the National Archives

pursuant to a deed of gift regulating access to those records, or

copies and reproductions made from such records.

3. A definition of "Collection" is added and means the President

John F.

Kennedy Assassination

under section 4.

Records Collection established

4. The term

"executive agency"

cludes any executive department,

ment corporation, Government controlled corporation, or other es

tablishment in the executive branch of the Government, including

the Executive Office of the President, or any independent regula-

tory agevernment office"

the Federal Get men hat has eden or control fice of

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## Page 255

36

on Intelligence of the Senate with regard to records of the Senate

Select Committee to Study Governmental Operations with Respect

to Intelligence

Activities and other assassination records; (C) the

Library of Congress; (D) the National Archives as custodian of as-

sassination records that it has obtained or possesses, including the

Commission to Investigate the Assassination of President John F.

Kennedy and the Commission on Central Intelligence

Agency AC-

tivities in the United States; and (E) any other executive branch

office or agency, and any independent agency.

6. As used in the law,

Identification aid"

means the written de

scription prepared for each record as required in section 4.

•%.

"National

Archives"

means

Records Administration and

the

National

Archives and

all components

Presidental miniva depositoriel scamponed un the stion 2112 or

title 44, United States Code.

3. As used in the law

"Official investigation" means the reviews

of the assassination of President Kennedy conducted by any Presi-

dential commission, any authorized congressional committee, and

any Government agency either independently, at the request of

any Presidential commission or congressional committee, or at the

request of any Government offcial.

The term

"Originating body" means the executive agency,

Government commission, congressional committee, or other govern-

mental entity

that created a record of particular information

within a record.

10. A definition of "Public interest" is added and means the com-

pelling interest in the prompt public disclosure of assassination

records for historical and governmental purposes and for the pur-

pose of fully informing the American people about the history sur-

rounding the assassination of President Kennedy.

11. As used in the law,

"Record" includes a book,

photograph, sound or video recording, machine readable material,

computerized, digitized, or electronic information, regardless of the

medium on which it is stored, or other documentary matenial, re

gardless of its physical form or characteristics.

12. Reference to the'

"Review Board"

means the Assassination

Records Review Board established by section 7.

13. Another newly added term,

"Third agency", means a Govern-

ment agency that originated an assassination record that is in the

possession of another agency.

Sec. 4. President John F. Kennedy Assassination Records Collection

at the National Archives and Recoras Administration.

The law provides generally that, not later than 60 days after the

late of its enactment, the National Archives and Records Adminis

tration must begin establishing a collection of records to be known

as the President John F. Kennedy Assassination Records

Collec-

tion. In so derance o All holletion rests. the collecten consist

original provenance of all collection records.

of copies of all Government records relating to the assassination of

President Kennedy,

transmitted to the National Archives in ac

cordance with section 2107 of title 44, United States Code. The

term

"original provenance" is a term of art among

archivists and

in this application is intended to preserve and archive records ac-

87

cording to their point of origin (e.f., CIA records remain archive

with CLA records, legislative branch records remain archived wit

access to a

"collection"

The Archivist

book and index be prepared and made available as it is accumula

ed, and not waiting for public dissemination until the Collection i

ultimately complete. Over time, it is intended that successive ed

tions of the guidebook and index will be

ublished and updat

urthermore, it is intended that copies of the guidebook and ind

will be made available to depository libraries.

Furthermore, the Collection includes (A) all assassination record

that have been transmitted to the National Archives or disclosed t

the public in an unredacted form prior to the date of enactment

the

that are required to be transmitted to the National A

chives, or the disclosure of which is postponed under the law; (B

central directory comprised of identification aids created for

record transmitted to the Archivist

under section o; and Cs a

"unredacted"

"redacted"

in take out on the are bata to a dieda rhive

available to the public for inspection and copying at the Nat

Archives within 30 days after the transmission to the Natio

Archives.

The Archivist is authorized to charge fees for copying assassine

tion records and to grant waivers

tandards established by section 552(aX4) of title b, United Stat

ode, a provision of the Freedom of Information Act

The Collection is preserved, protected,

archived, and made avai

able to the public at the National Archives using appropriation

authorized, specified, and restricted for use under the terms of th

law.

rly Oversight. Of

ty Overseat live ensure gu attority oh the postponed ass

sination records in the Collection.

The Committee on Government Operations of the House of Ref

resentatives and the Committee on Governmental Affairs of th

Senate are. vested with continuing oversight jurisdiction with i

spect to the Collection.

Sec.

s. Hevrew, identification,

transmission to the National &

hives and public disclosure of assassination records by Gi

ernment offices.

action da) generally provides that, as soon as practicable af

le date of enactment of the law, each Government ofice identif

and organizes its records relating to the assassination of Presider

Kennedy and prepares them for transmission to the Archivist fe

inclusion in the Collection.

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## Page 256

88

No assassination record shall be destroyed, altered, or mutilated

in any way.

No assassination record made available or disclosed to the public

prior to the date of enactment of the law may be withheld, redact-

ed, postponed for public disclosure, or reclassified. [The term

"unre

or "redacted" is defined in section 4 of this section-by-sec-

tion analysis.)

No assassination record created by a person or entity outside of

Government (excluding names or identities consistent with the re

quirements of section 6) may be withheld, redacted, postponed for

public disclosure, or reclassified.

Section 5(b) indicates that, during the review by Government of-

fices and pending review activity by the Review Board, each Gov-

ernment office retains custody of its assassination records for pur-

oses of preservation, security, and efficiency,

unless the Review

Board requires the physical transfer of records for purposes of con

ducting an independent and impartial review; transfer is necessary

for an administrative hearing or other Review Board function; or it

is a third agency record described in subsection (c)2XC).

Section 5(c) provides that, not later than 300 days after the date

of enactment of the law, each Government office reviews, identi-

fies, and organizes each assassination record in its custody or pos-

session for disclosure to the public, review by the Review Board,

and transmission to

the Archivist. In carrying out this require

ment, a Government office (A) determines which of its records are

this Act is defined in section 4 of this section-by-section analysis];

C) determines which of its assassination records, or particular in

ormation contained in such a record, was createc

agency or by another Government office, and transmits to a third

agency or other Government office those records, or particular in-

formation contained in those records, or complete and accurate

copies thereof; (D) determines whether its assassination records or

particular information in assassination records are covered by the

standards for postponement of public disclosure under the law, and

specifies on the identification aid required by subsection (d) the ap

which, in whole or in part,

organizes and makes available to the Peter load den the on

cerning which the office has any uncertainty as to whether the

record is an assassination record governed by the law; (G) gives pri-

standard for postponent set for a la tra lan of a, casina ton

ecords that on the date. of enactment of the law are the subject o

itigation under section 552 of title 5; United States Code; and (H

makes available to the Review Board any additional information

and records that the Review Board has reason to believe it requires

for.conducting.a review under the law.

The Director of each archival depository established under sec-

tion 2112 of title 44, United States Code, expedites review, for

39

cody of the depository, and

Review Board as required by the law.

Section 5(d) specifies that, not later than 45 days after the date

nactment of the law, the Archivist, in consultation with the ‹

propriate Government offices, prepares and makes available to

fovernment offices a standard form of identification or finding :

for use with each assassination record subject to review under t

law.

The Archivist ensures that the identification aid program

established in such a manner as to result in the creation of a u

form system of electronic records by Government offices that :

compatible with each other.

Upon completion of an identificati

a Government office (A) attaches a printed copy to the recc

i describes, (B) transmits a printed copy to the Revery derril

(C) attaches a printed copy to

each assassination record it descrit

when it is

Assassination recor

which are ia the pitted to of the Nativist Arhive not the decor

enactment of the law, and which have been publicly available

their entirety without redaction, are made available in the Coll

tion without any additional review by the Review Board or anott

authorized office under the law, and are not required to have su

an identification aid unless required by the Archivist.

Section 5(e) provides that each Government office transmits

the Archivist, and makes available to the public, not later than 3

days after the

the law, all assassination records the public disclosure of which h

under the standards of t

losure of which has been postponed, shall, pending transmissior

he Archivist, be held for reasons of security and preservation

the originating body until such time as the information securi

program has been established at the National Archives, as requir

in section 4(eX2).

Section 5(g) requires periodic review of all postponed or redact

ecords by the originating agency and the Archivist,

consiste

the Review Board under secti

or "redacted" in this Act is

fined in section 4 of this section-by-section analysis.] A perioc

review must address the public disclosure of additional assassin

tion records in the Collection under the standards of the law. f

ostponed assassination recordi

determined to require continu

postponement must have an unclassified written description of t

assass indi de laser is curio diesed in ult, on. vallable

grade and declassify security classified information.

the Collection no later than the date that is 25 years after the da

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## Page 257

40

of enactment of the law, unless the President certifies, as required

by the law, that continued postponement is made necessary by

an

identifiable harm to the military defense, intelligence operations,

or conduct of foreign relations, and the identifiable harm is of such

gravity that it outweighs the public interest in disclosure.

Section 5(h) authorizes executive branch agencies to charge fees

for copying assassination records and to grant waivers of such fees

pursuant to the standards established by section 552(aX4) of title 5

Jnited States Code, a provision of the Freedom of Information Act

Sec. 6. Grounds for postponement of public disclosure of records.

Disclosure of assassination records or particular information in

assassination records to the public may be postponed subject to the

limitations of the law if there is clear and convincing evidence

that:

(1) the threat to the military defense, intelligence operations,

or conduct of foreign relations of the United States posed by

the public disclosure of the assassination is of such gravity that

it outweighs the public interest,

and such public disclosure

would reveal (A) an intelligence agent whose identity currently

requires protection; (B) an intelligence source or method which

s currently utilized, or reasonably expected to be utilized, by

he United States Government and which has not been official

ly disclosed, the disclosure of the assassination record would

reveal the name or identity of a living

ident information to the nited mem

substantial risk of harm to that person;

(2) the public disclosure of the assassination record would

veal the name or identity of a living person who provid

nfidential information to the United States and would pose

substantial risk of harm to that person;

(3) the public disclosure of the assassination record could rea-

sonably be expected to constitute an unwarranted invasion

of

personal privacy, and that invasion of privacy is so substantial

that it outweighs the public interest;

(4) the public disclosure of the assassination record.

would

compromise the existence of an understanding of confidential-

ity currently requiring protection between a Government

gent and a cooperating individual or a foreign governmen

nd public disclosure would be so harmful that it outweigh

the public interest; or

(5)

the public disclosure of the assassination record would

reveal a security or protective procedure currently utllized, or

reasonably expected to be utilized, by the Secret Service or an-

other Government agency. responsible for

protecting Govern

ment orcials,

and public disclosure would be so harmful that

it outweighs the public interest.

Sec. 7. Establishment and powers of the Assassination Records

Review Board.

Section 7 establishes the Assassinations Records Review Board as

an independent agency. The President, by and with the advice and

consent of the Senate, appoints, without regard to political affili-

ation, 5. citizens to serve as members of the Review Board to ensure

41

President

actment of the law.

ard, the President not to con aditi nom notin to a of evil

He Pregident makes an additi

than 30 days thereafter.

i a roden pake notion tige to the Pon Bord Ten on,

Organization

American

ing the stated qualifications by

date of enactment of the law,

tion the persons recommended by the other specified organization

The President also may request a specified organization to subm

additional nominations.

Persons nominated to

none of

whom

is

presently

sassination

y and who possess an appreciation of the value of such material

le public, scholars, and government; and (C) must include at le

1 professional historian and 1 attorney.

procedures

nees must

for confirmed by see it tea on Gover

mental Affairs of the Senate.

firmation hearte this 30 deal Which dies natate ho de ci

after the nomination of 3 Review Board members. The Committ

session after the confirmation hearings,

the full Senate immediately.

mental Affairs.

apore or on the api mean eled date the oursel

of the vacancy.

The members of the Review Board elect one of its members ‹

chairperson at its initial meeting.

o member of the Review Board is to be removed from off

er than by impeachment and conviction; or by the action of

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## Page 258

42

President for ineficiency,

neglect of duty, malfeasance in office,

physical disability, mental incapacity, or any other condition that

substantially impairs the performance of the member's duties.

If a member of the Review Board is removed from office, and

that removal is by the President, not later than 10 days after the

removal, the President must submit to the Committee on Govern-

facts found and the grounds for

the removal.

President must publish in the Federal Register a report on the re

moval, except that the President may, if necessary to protect the

rights of a

ference

any pending, prosecution,

publishing any all of the set to m

the completion of such

pending cases or pursuant to privacy protection

requirements in

law.

A member of the Review Board removed from office may obtain

judicial review of the removal in a civil action commenced in the

United States District

Court for the

District of Columbia.

The

member may be reinstated or granted other appropriate relief by

order of the court.

A member of the Review Board is compensated at a rate equal to

he daily equivalent of the arnual rate of basic pay

level IV of the Executive Schedule under section sTo of title 5,

reasonable travel expenses, including per diem in lieu of subsist-

for the Review Board.

Regarding duties and responsibilities; the Review Board consid-

ers

and renders decisions on a determination by a Government

ince to seek to postpone the disclogure of assassination records. I

arring out this ta

the Review Board considers and renders de

cisions as to whether a record constitutes an assassination record

ment offices to complete identification aids and organize assassina-

tion records; (B) direct Government offices to transmit to the Archi-

vist assassination records as required under the law, including seg-

information.

which the

ns and responsibilities under the law: and subpoena private p

ns to compel testimony, records, and other information releva

43

to its responsibilities under the law; D) require any Governme

office to account in writing for the destruction of any records rel:

ing to the assassination of President Kennedy; (2) receive infor

tion from the public regarding the identification and public disc

oaths, and subpoena witnesses and documents.

ure of asassination records; and (P) hold hearings, administ

a subpoe

nay be enforced by any appropriate Federal court acting pursu

to a lawful request of the Review Board. Also,

the Review Bo

shall be considered to be an agency of the Untied States for pi

poses of section 6001 of title 18

United States Code, and may iss

intere tve eul i a rearent erations of rene house ofe

resentatives and the Committee on Governmental Affairs of ti

Senate have continuing

official conduct of the

poned records after termination of the Review

Review Board, in turn, has the duty to cooperate with the exerci

of such oversight jurisdiction.

The Administrator of the General Services Administration p

vides administrative services for the Review Board on a reimburs:

ble basis.

The Review Board and the terms of its members terminate hr

hat 2-year period. Upon its termination, the Review Board submit

reports to

he President and the Congress, including a complet

and accurate accounting of expenditures during its existence, an

must complete all other reporting requirements under the law

Upon termination and winding up, the Review Board transfers al

of its records to the Archivist for inclusion in the Collection, an

no record of the Review Board shall be destroyed.

Sec. 8. Assassination Records Review Board personnel.

later tina & provides support personnel for the Review Board. No

days after the initial meeting of the Review Board

chilleria, B the point of citie Director This tondividua

affiliation, to the position

of Executive Director.

must be a private citizen of integrity and impartiality who is a dis

tinguished

professional and who is not a present employee of ans

branch of the Government and has had no previous involvemen!

with any official investigation or inquiry relating to the assassin:

ion of President Kennedy. A candidate for Executive Director is t

be granted the necessary

security clearances in an accelerated

manner subject to the standard procedures for granting such clear.

ances, and must quality for the necessary security clearance prior

o being approved by the Review Board

The Executive Director serves as principal liaison to Government

offices, is responsible for the administration and coordination of

he Review Board's review of records and for the administration of

all official activities conducted by the Review Board, but has no au

hority to decide or determine whether any record should be di

closed to the public or postponed for disclosure.

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## Page 259

The Executive Director is not to be removed for reasons other

than by a majority vote of the Review Board for

cause on

the

rounds of inefficiency, neglect of duty, malfeasance in office, phy:

cal disability, mental incapacity, or any other condition that sub

stantially impairs the performance of the responsibilities of the Ex-

ecutive Director or the staff of the Review Board.

Additionally, the Review Board may, in accordance with the civil

service laws,

but without regard to civil service law and regulation

for competitive service as detined in gubchapter 1, chapter 88 ot

. title 5,

United States Code, appoint and terminate other personnel

as are necessary to enable the Review Board and its Executive Di-

rector to perform its duties. A person appointed to the staff of the

Review Board must be a private citizen of integrity and impartial-

ity who is not a present employee of any branch of the Government

ind who hag had

no previous involvement with any official investi-

gation or inquiry relating to the assassination of President Kenne

ly. Each staff candidate is to be granted the necessary security

clearances in an accelerated manner subject to the standard proce

dures for granting such clearances, and must qualify for the neces

sary

security clearance prior to being approved by the Review

tor and other

'he Review Board also is authorized to create advisory commit

ees to assist in fulfilling the responsibilities of the Review Boar

under the law.

advisory

committee

created by

the Review

Board is subject to the Federal Advisory Committee Act (5 U.S.C.

App.).

Sec. 9. Review of records by the Assassination Records Review

Board.

Section 9 specifies conditions and arrangements for the Review

Board's examination of assassination records, beginning with custo

Pending the

Review Board's

review activity;

nation records for purposes of preservation, security, and efficiency

unless the Review

Board requires the physical transfer of records

for reasons of conducting an independent and impartial review or

such transfer is necessary for an administrative hearing or other

official Review Board function.

The Review Board,

not later than 90 days after the date of its

appointment, publishes

in

the Federal Register a schedule for

review of all assassination records, and, not later than 180 days

after the date of enactment of the law, begins its review of assassi.

nation records pursuant to the provisions of the law. It is intended

that two

priorities be established by government offices as they

review

of assassination

records:

All assassination

records which have been previously released in a redacted form

and all assassination records which were the subject of Freedom of

Information Act litigation at the time of enactment. As the public

is already familiar with previously released records, it is essential

45

that the fullest possible disclosure of these records be obtained by

of Information Act requesters involved in the legal battles over dis

closure.

the Review Board directs that all assassination records be tran

utted to the Archivist and disclosed to the public in the Collectio

a the absence of clear and convincing evidence that a Governmen

ecord is not an assassination record or a Government record o

articular information within an assassination record qualifies fo

osuponement of public disclosure under the law. It is

intended

lat all records approved for full disclosure in an unredacted forr

should

transmitted

immediately to the Archivist and mad

available to the public.

segregable parts, substitutes,

determines, in

A summary is an outline or profile of a record which cannot be re-

leased eyen in a redacted form. While it is intended that govern-

ment office shall have the ability to issue such substitutes or sum-

maries in lieu of an actual record, this practice should be limited to

the rarest cases if ever, with the understanding that the release of

information other than official records will perpetuate public dis

trust and undermine public confidence in the government's respon-

sibility to disclose the assassination records.

With respect to each assassination record or particular informa-

tion in assassination records the public disclosure of which is post

poned pursuant to section 6, or for which only substitutions

or

summaries have been disclosed to the public, the Review Board cre

aten an anamite to Beret a port containing a descri

tion of actions by the Review Board,

fied time at which or a specified occurrence following which the

material may be appropriately disclosed to the public under the

law.

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## Page 260

46

notifies the head of the originating body of its determination and

publishes

a copy

of the determination in the Federal Register

within 14 days after the determination is made. Contemporaneous

notice is made to the President for Review Board determinations

regarding executive branch assassination records; and to the over-

sight committees designated in the law in the case of legislative

branch records. Such notice must contain a written unclagsified

justification for public disclosure or postponement of disclosure, in-

cluding an explanation of the application of any standards con-

tained in section 6.

Specification

is

made of Presidential authority over Review

Board determinations. After the Review Board has made a formal

determination concerning the public disclosure or postponement of

disclosure of an executive branch assassination record or informa-

tion within such a record, or of any information contained in a as

sassination record, obtained or developed solely. within the execu-

tive branch, the President has the sole and nondelegable authority

to require the disclosure or postponement of such record or infor

mation under the standards set forth in section 6,

and the Presi-

dent must provide the Review Board with an unclassified written

certification specifying his decision within 30 days after the Review

Board's determination and notice to the executive branch agency

as required under the law, stating the justification for his decision,

ncluding the applicable grounds for postponement under section 6

accompanied by a copy of the identification aid required under sec

Any executive branch assassination record postponed by the

President is subject to the requirements of periodic review, down-

grading and declassification of classified information, and

public

disclosure in the collection set forth in section 4. The term

"down.

refers to reducing the level of information classification,

DECLASSIFIED.

The Review Board must, upon its receipt, publish in the Federal

Register a copy of any unclassified written certification, statement,

ith the dater astonemete of tre release ot assassination

nith regard to postponement o

assassination

records.

Every 30 calendar days, beginning on the date that is 60 calen-

dar days after the date on which the Review Board first approves

he postponement of disclosure of an assassination record

the

Review Board must publish in the Federal Register a notice that

summarizes the postponements approved by the Review Board or

initiated by the President

the House of Representatives,

or the

Senate, including a description of the subject, originating agency,

length or other physical description, and each ground for postpone-

ent that is relied upo

'he Review Boar

reports its activities to the leadership of the

Congress, the Committee on Goverhment Operations of the House

of Representatives, the Committee on Governmental Affairs of the

Senate, the President, the Archivist, and the head of any Govern.

ment office whose records have been the subject of Review Board

activity. The first report is issued on the date that is 1 year after

the date of enactment of the law, and subsequent reports every 12

47

months thereafter until termination of the Review Board. Su

nicial activities and requirements teevie m

official activities and requirements of the Review

personnel; (B) the progress made on review, transmission to the f

chivist, and public disclosure of assassination records; (C) the e

mated time and volume of assassination records involved in t

completion of the Review Board's performance under the law; (

any special problems, including requests and the level of coope›

tion of Government offices, with regard to the ability of the Revis

Board to operate as required by the law; (E) a record of review :

tivities, including a record of postponement decisions by the Revi

Board or other related actions authorized by the law, and a reco

of the volume of records reviewed and postponed; (F) suggestio

and requests to the Congress for additional legislative author

needs; and (G) an appendix containing copies of reports of po

poned. records to the Archivist required under section 9(c)(3) ma

since the date of the preceding report under this subsection

At least 90 calendar days

before

completing its works, t

review Board must provide written notice to the President and t

Congress of its intention to terminate its operations at a specifi

date.

Sec. 10. Disclosure of other materials and additionel study.

Section 10 provides guidance regarding the release of assassir

tion records outside of the immediate purview of the Review Boas

it may request the Attorney General to petition any court in t

United States or abroad to release any information relevant to 1

assassination of President Kennedy that is held under seal of ti

court. The Review Board also may request the Attorney General

petition any court in the United States to release any informati

relevant to the assassination

of President Kennedy that is he

inder the injunction of secrecy of a grand jury. The section in

ates, in this instance, that a request for disclosure of asgassinati

materials under the law shall be deemed to constitute a showing

Procedurened need under Rule 6 of the Federal Rules of Crimin

In addition; three sense of the Congress provisions specify th

(1) the Attorney General should assist the Review Board in go

faith to unseal any records that the Review Board determines to l

relevant and held under seal by a court or under the injunction

other foreign government that may hold information relevant

the assassination of President Kennedy and seek disclosure of sur

nformation; and (3) all executive agencies should cooperate in fi

vith the Review Board to seek the disclosure of all information r

evant to

the assassination of President Kennedy consistent wit

the public interest.

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## Page 261

48

Sec. 11. Rules of construction.

Section 11 sets forth the rules of construction regarding the stat-

ute.

When the President John F. Kennedy Assassination Records Col-

lection Act requires transmission of a record to the Archivist or

public disclosure,

it is to take precedence over an

other law

except section 6103 of the Internal Revenue Code), judicial decisior

construing such law, or common law doctrine that would otherwise

prohibit such transmission or disclosure,

with the exception

of

deeds governing access to or transfer or release of gifts and dona-

tions of records to the United States Government.

Nothing in the statute is to be construed to eliminate or limit

any right to file requests with any executive agency or seek judicial

review of the decisions pursuant to section

552 of title 5, United

States Code, which is the Freedom of Information Act.

Nothing in the law is to be construed to preclude judicial review,

under chapter 7 of title 5, United States Code, of final actions

taken or required to be taken under the statute.

Nothing in the law revokes or limits the existing authority of the

President, any executive agency, the Senate, or the House of Repre-

sentatives, or any other entity of the Government to publicly dis-

close records in its possession.

life l proe due to be shilowed in the set or the to estab

Representatives, such provision is adopted as an exercise of the

rulemaking power of the Senate and House of Representatives, re-

pectively,

and is to be deemed to be part of the rules of each

House, respectively, but applicable only with respect to the proce

dure to be followed in that House, and it supersedes other rules

only to the extent that it is inconsistent with such rules, and with

full recognition of the constitutional right of either House to

change the rules (so far as they relate to

the procedure of that

louse) at any time, in the same manner, and to the same extent a

in the case of any other rule of that House.

Sec. 12. Termination of effect of act.

The section provides that the provisions of the law that pertain

to the appointment and operation of the Review Board cease to be

effective when the Review Board and the terms of its members

have terminated pursuant to section 7(0). The remaining provisions

of the law, however,

continue in effect until such

1 time as the Ar

chivist certifies to the President and the Congress that all assassi-

nation records have been made available to the public in accord-

ance with the statute.

Sec. 13. Authorization of appropriations.

The section authorizes to be appropriated such sums as are nec-

essary to carry out the law, to remain available until expended

Until such time as funds are appropriated pursuant to the forego

ing

proviso, the President is authorized to

use such sums as are

available for discretionary use to carry out the law.

49

Sec. 14. Severability.

plicatin there is to any partin of circumstan of the la v th, the

emainder of the statute and the application of that provision t

other

or to other circumstances i

not affected by the invalidation.

VII. REGULATORY IMPACT

Rule 26.1lb of the Standing Rules of the

enate requires t

port accompanying each bill or joint resolution of a public chi

would be regulated and a determination of the

of such individuals and buginesses.

not result in any

additional regulation to any individuals or businesses.

he individual:

viduals affected.

tion of personal

since intended ho reduce to tan

unwarranted

legislation.

4. An estimate of the amount of additional paperwork that will

result from the regulations to be promulgated pursuant to the leg-

islation, including

estimates of the amount of time and financia

ost required of affected parties, as well as reasonable estimates o

the recordkeeping.

requirement that may be

legislation. No additional paperwork is imposed on the public by S.

3006.

VIII. COST IMPACT

Letter from the Congressional Budget Office

JULY 14, 1992.

Hon. JOHN GLENN,

Chairman.

Washington, DC:

Commission on Governmental Affairs, U.S. Senate,

DEAR MR. CHAIRMAN: The Congressional Budget Office has re

viewed S. 3006, the President John F. Kennedy Assassination

Records Collection Act of 1992, as ordered reported by the Senate

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## Page 262

50

Committee on Governmental Affairs on June 25, 1992. We estimate

that implementing this resolution would cost the federal govern-

ment about $4.5 million a year from 1993 through 1995, assuming

appropriation of the necessary. funde.

This resolution would not

afiect direct spending or receipts. Therefore, pay-as-you go proce

dures would not apply.

S. 3006 would create, as an independent agency, the Assassina-

tion Records Review Board to consist of five members appointed by

the President. After federal agencies have had 300 days to release

the National Archives any unedited assassination records for

public inspection, the board would have the authority to examine

any remaining records held by a federal agency or by the Congress

that the board determines are related to the assassination of Presl-

dent Kennedy. The board would then decide whether the records

should be transferred to the National Archives to be available to

the public or whether public release should be postponed for na-

tional security or privacy reasons. Depending on the source of the

records, the House, the Senate, or the President would be able to

postpone the availability of records that the board considers appro

priate to make public.

The board would be able to hire an Execu-

tive Director and additional personnel as needed. It would have

two years to complete its work, but would be authorized to contin-

ue for a third year before it would terminate.

CB expects that the board would use all three years allowed to

nduct its review. The primary expense stemming Iron

this

view would be the cost of employees hired by the board and thot

at several federal agencies which would have to read through the 1

lion or so pages of documents relating to President Kenned

sassination that are still not released. Based on information fr

the National Archives and other affected agencies about the likely

process and timing for reviewing the records, we estimate that it

would take about 40 employees at federal agencies to conduct the

initial review of records in the allotted 300 days, at a cost of about

$2 million in fiscal year 1993. We estimate that the board would

need a staff of up to 35 employees to review all the records within

the required three-year period, at a cost of about $1.8 million annu-

Ily. In addition, agencies that currently hold the records woul

reed to assign staff to conduct a parallel review so that the Presi

dent can decide whether to postpone the release of records that the

board decides should be released. Such a parallel review could re

quire the equivalent of up to 35 employees, representing about $1.8

million in annual staff resources.

• records into a President John

ricord inhive President Sta I Kennedy Axeassination Rocords

Collection, would spend about $0.6 million over the next three

years to compile a subject guide indes to the records in the collec-

tion to assist the public in locating records.

Enactment of this bill would not affect the budgets of state or

local governments.

51

to provide them.

Provide them The deal tet on tatia ta we Hula, leaced

be reached at 226-2860.

Sincerely,

ROBERT D. REISCHAUER,

Director.

Congressional Budget Office cost estimate summary

1. Bill number: S. 3006.

2. Bill title: President John F. Kennedy Assassination Records

Collection Act.

3. Bill status: As ordered reported by the Senate Committee on

Governmental Aftairs on June 25, 1992

dent John F. Kennedy.

agency in the executive branch.

5. Estimated cost to the Federal Government: $4.5 million. Basis

of estimate: See letter above.

6. Estimated cost to State and local governments: None.

7. Estimate comparison: None.

8. Previous CBO estimate: None.

9. Estimate prepared by: James Hearn.

10. Estimate approved by: Robert D. Reischauer..

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## Page 263

APPENDIX

The Warren Commission: November 29, 1963-September 24,

1964.

The Rockefeller Commission: January 5, 1975-July 6, 1975.

The Church Committee: January 27, 1975-May 31, 1976.

The House Assassinations Committee: October 17, 1976-Decem-

ber 31, 1977.

THE WARREN COMMISSION

Summary

Creation and Appointment of Members: President Lyndon B.

Johnson.

Kennedy.

Purpose: To Investigate the Assassination of President John F.

Date of Creation: November 29, 1963.

Date of Termination: September 24, 1964.

Date of Report: September 24, 1964.

ings and testimony, on September 24, 1964.

material trom other federal a i Sui agencies at ties a l

records and related material, approximately • 1,000 boxes. In mid

of national security and privac

protected material remained withheld pending scheduled review in

1995. The Archivist requested agencies to conduct an earlier review

in 1992.

Cost of Inquiry: $10 million.

On November

29,

, 1963, seven

President John F.

days after the assassination o

Kennedy, President Lyndon B. Johnson issuer

ecutive Order 11130 creating the Commission to Investigate t

sassination of President John F. Kennedy.1 On September

1964, the Commission presented its report and twenty-six volumes

of appendices to the President including fifteen volumes of hear

Chief Justice of the United States (Chairman), and its members included two

United States Senatora, Richard Russell and John Sherman Cor

Gerald R. Ford

and Hale

are to Cater ta talen

lan W. Dulles; and a former Commissioner of Germany and attorney, John MoCloy.

(68)

---

## Page 264

ings testimony and eleven volumes of exhibits. During its ten-

month existence, the cost of the Commission exceeded $10 million.:

The Commission relied directly on Federal and State investiga-

tive agencies to carry out its investigations. The "records" of the

Commission therefore, are a combination of its own work and ac

ivities, along with numerous reports and related

records from

other agencies. According to the

Inventory of the Records of the

President's Commission on the Assassination of Presiderit Kenne-

dy"

compiled by

the National Archives,

there are approximately

360 cubic feet of records and related material (an estimated 1,000

boxes). These include the minutes of Commission and staff meet

ings, agenda, proceedings, transcripts of testimony, depositions, and

affidavits; correspondence and memorandums; summary reports re-

lating to the assassination and to Lee Harvey Oswald, prepared by

the Federal Bureau of Investigation, the Secret Service, the Central

Intelligence Agency, other Federal agencies, State authorities, and

private citizens. In 1965, agencies whose materials comprise the

Commission records first met to review agency records, and estab-

lish a schedule for future review. At that time 80% of all materia)

was released. Future review was conducted in 1970, 1975, and other

reviews are scheduled to occur in 1995 and every ten years thereaf.

ter. Approximately 98% of all records have now been made public-

ly available.

The remaining 2% constitutes approximately 3,000

pages of security classified and privacy protected documents.

The

1995 review has been now scheduled to take place in 1992, and the

National Archives expects the number of withheld materials to be

reduced to 500 pages.* In addition to the Warren Commission

records, the National Archives maintains Secret Service files with

12-15 boxes, mostly paper documents, a copy of the Zapruder film,

and radio tapes of reports of the assassination. The Archives also

has certain records of the Department of Justice Criminal Division

case file which is predominantly mail and letters received by the

Department along with constitutent letters referred to the Depart-

ment by Members of Congresg.

Lastly,

the

Ford Presidential

brary has documents from the Military District of Columbia with

regard to funeral arrangements for President Kennedy.

military and Bel

Rab

transcripts

авгутов гесогов

testimony,

no, do rod

s and Records Administration, April 8, 1992, in

55

THE ROCKKFELLER COMMISSION

Summary

Creation and Appointment of Members: President Gerald F

purpose: To Investigate Allegations of Illegal Domestic CIA As

Date of Creation: January 5, 1975.

Date of Termination: By July 6, 1975.

Date of Report: June 6, 1975.

Release of Records: Unreleased. Approximately 4,000

materials, including Commission materials, and classified agenc

ecords reviewed by

the Commission, are held by the Gerald F

'ord Presidential Library. Additional material may be held !

agencies whose records were reviewed by the Commission includin

the CLA, FBI, and the Department of State.

Assassination: President Gerald R.

Ford created the Rockefelle

investigate ClA

activities in the United State

resident Ford's Executive Order creating the Commission did n

ddress the Kennedy assassination, but the Commission devoted

small part of its work to the subject. The Commission attempted t

answer two questions related to connections between the CIA an

President was killed by a bullet shot from a front trajectory. Th

Commission conclusion for each concern was in the negative.

Cost of Commission: Not available.

the vanuary 5, 1976, President Gerald R. Ford (himself a memb

f the Warren Commission) issued Executive Order 11828, creatin

Commission on CIA

Activities Within the United. States.

Th

Commission was establighed several days after President Ford r

ceived a report which he had requested from the Director of Cel

tral Intelligence (DCI) on allegations of a number of serious allege

tions that the Central Intelligence Agency

conducted illegal acti

ies within the United States violating the rights of private ci

zens. The mandate of the Commission was to determine whethe

any CIA domestic activities exceeded the agency's statutory autho

ity and to make appropriate recommendations. President Ford ay

Peller, the Commien i chair an, is reutive Director.

Vice President Nelson Rock

Although President Ford did not address the assassination

resident Kennedy in his executive order creating the Rockefelle

Commission, either directly or by reference, the Commission's i

Board, Chier is cutive ol

ormer Chernen of the Seit Chieta of SiO

---

## Page 265

56

vestigation pursued three primary lines of inquiry related to the

assassination. These included: (1) Whether "E. Howard Hunt and

Frank Sturgis, on behalf of the CIA, personally participated in the

assassination.

(2) Whether "the CIA had connections with Lee

Harvey Oswald or Jack Ruby, or both of them, and that those con-

nections somehow led to the assassination.

" (3) Whether President

Kennedy was struck in the head by a bullet from his right front,

rather than from his rear as believed by the Warren Commission.

The Commission's conclusion in each of these inquiries was in the

negative. 8

The Commission held weekly hearings during its six month exist

ence, however, the Commission chose not to open its sessions to the

public for reasons of the sensitivity of the CLA's intelligence and

counterintelligence activities, and national security. The Commis

sion's Report does not address the disposition of its records, wheth-

er the CIA records reviewed were ever transferred outside the

agency for purposes of review, the review of records from other

agencies, or the whereabouts of Commission records such as inter-

views with CIA personnel and other sources. The former Executive

Director of the Commission, stated that he had no knowledge of

where the Commission's records were sent, and that his own Free

dom of Information Act request made in 1975 to disclose the Com-

mission's records was denied.?

The existence and scope of relevant records is not fully known by

he Committee. Archivists at the Ford Presidential Library state

that President Ford donated Rockefeller Commission records to the

Library as part of his personal papers. Approximately 4,000 pages

of this material pertains to the investigation of the Kennedy assas-

sination. Such material has been identified through existing find-

ing aids,

file marking, and efforts by Ford Library archivists to

trace subjects and names discussed in

these materials to other

source material used and developed by the Commission. These ma-

terials can be divided between records related to the work of the

Commission on the assassination specifically, and the work of the

Commission and other agencies with

regard to Cuba

and Fidel

Castro. The Commission records ranges from administrative files to

the Zapruder film, and includes depositions, official and unofficial

transcripts of interviews and testimony, and other materials. The

agency records include a variety of classified documents, including

involvement'

bave

bullet which

struck by a bullet fired

front or right side,

that struck him in

and dam.

* fbid at Preface, P.

and Blightly

to his right.

(p. 264).

mocraellet

10::.00

statements when

iSTE

utive

Director David Belin made thes

contacted by telephone on April 23, 1992, by Ms. Suranne Cavanaugh, Congres

1O: 1713M 20020 2404019

al, but will follow its established procedures of offering researchers

at list of such records, and then seeking agency declassification at

he researchers' request.

THE CHURCH COMMITTEE

Summary

Greation and Appointment of Members: United States Senate

Purpose: To. Investigate Unethical Activities of U.S.. Intelligence

Community.

Date of Creation: January 27, 1975.

Date of Termination: May 31; 1976.

Date of Report: Senate Report No. 94-775. 94th Cong., 2d Session,

1976.

• on Intelligence No rocord released. No dise sure date sit.

nation: The Church Committee investigated

he intelligence agencies in conducting their investigation of the se

sassination and their relationshipe to the Warren Commission.

Intelligence

conduct an investigation into the extent, if any, of improper, or un

ethical activities engaged in by agencies charged with carrying out

intelligence or surveillance to gain intelligence for the Federal

Government. In carrying out its mandate, the Church Committee

assessed the pertormance of the intelligence agencies in investigat

the assassination of President Kennedy and in assisting the

Warren

Commission in its investigation. The Committee did not

review the Warren Commission, its findings, conclusions, or physi

cal evidence. The Committee concluded that 'both the CLA and the

FBI failed in, or avoided carrying out, certain of their responsibil-

ties in this matter." The Committee went on to say, however, that

this finding "does not lead to the conclusion that there was a con

spiracy to assassinate President Kennedy." 8

• "The Investigation Of The

The taligens Ancies

Lal Operations

Session. S. Rpt. No. 94-

ation Of President John F, Kennedy: Performance Of

Report of the Sel

ect

ommittee To Study Governmen

16144-

United States Senate. 94th Congress, 2d

Continued

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## Page 266

58

The Church Committee, which went out of existence on May 31,

1976, forwarded all of its files pertaining to its investigation to the

Senate Select Committee on

Intelligence. The Senate Intelligence

Committee has never administratively transferred these records to

the National Archives through the office of the Secretary, of the

Senate. They remain under the custody.of the Senate Intelligence

Committee,

with the majority, and perhaps the

entirety, of the

records maintained in a secure storage area at the National Ar-

chives. Until they are transferred administratively to the Archives,

they are not subiect to S. Reg.

474 that clarifies procedures for

access to non-current Senate records at the National Archives. The

existence of records relevant to the assassination of President Ken-

nedy is reflected in a statement by the Select Committee in its

Report: "In the course of this investigation, more than 50 witnesses

were either interviewed or deposed. Literally tens of thousands of

pages of documentary evidence were reviewed at the agencies and

more than 5,000 pages were acquired. In addition, the Committee

relied on a great deal of testimony taken during the course of its

investigation of alleged pots to assassinate toreign

leaders, espe

cially testimony of knowledge relating to these plot.

THE HOUSE ASSASSINATIONS COMMITTRE

Summary

Date of Creation: September 17, 1976.

Date of Termination: December 31, 1977.

Date of Report: March 29, 1979. House Report No. 95-1828. Addi-

tional 12 volumes of testimony, documents, and exhibits re: JFK as-

sassination also published by the Committee.

Release of Records: Scheduled for release in 2029.

Relevance to Kennedy Assassination: The Committee investigat-

ed two

assassinations: President John F. Kennedy and

Martin

Luther King, Jr. A subcommittee was created to investigate the as-

sassination of President Kennedy.

Cost of Inquiry: $5.5 million.

On September 17, 1976, the House of Representatives established,

by H. Res. 1540, the House Select Committee on Assassinations

(HSCA). The Committee was extended until March 31, 1977 by H.

Res. 222, and was further extended for the duration of the 95th

Congress by H. Res. 433, adopted on March 30, 1977.10 During the

59

30 months between the creation of the Committee in 1976 and the

release of its report in

1979, its cost exceeded $5.5 million, and it

used the services of over 250 people. 11

he House Assassinations Committee was directed "to conduct

ill and complete investigation and study of the circumstances su

ounding the assassination and death of President John F. Kenne

dy" and

"to determine whether there was full disclosure and shar

ng of information and evidence among agencies and department

f the U.S. Government during the course of all prior investiga

tions into those deaths.

were i the hiding of the Warren Commision, oval Going the evi

anti-Castro

Cuban connectiong, the

"single-bullet theory,

organized crime, the alleged complicity of the CLA, the FBI, and

the get lt Seyche hey a site the Witted theme gon. Tee Hothe

Issassination

Committee

agreed in

sOme

respecte

with the

Warren Commission,

but departed from its conclusions in its find-

the basis of the evidence available to it, that

was published on March

Along with the report, the

cog overtes piece of ma tell, a fiel related to te in, stial:

tion of thy of is ines past to det Kune Permanent Select Com-

Custody of its

mittee on Intelligence. Its files were deposited at the National Ar-

chives, where, in accordance with prevailing rules of the House of

3. 160, was introduced on April

13, 1983, by former HSCA member, the late Representative Stewart

McKinney, and cosponsored by four former members of the Com-

mittee.

However, the bill was never reported to the House floor for

' Repord Session

de the a alec, 2, 1/to Ta Anainations, U8 House of Representative, 95k

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## Page 267

60

a vote. I In addition to the legislation presently before this Com-

additional House legislation has been introduced in the

Assassination Committee. 15

provide for the releasa for

I.R. 4108. January 24, 1992, Representative DaFazio. To direct the Archivist of the Unite

tates to make available for public uss the records of the Warren Commisaion. (Note: Sea abov

section summarizing Warren Comminion records. The vast majority of all Warren Commission

records have been available to the public at the National Archives for 27 years.]

---