« AnteriorContinuar »
(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 public disclosure would be so harmful that it outweighs the public interest.
Sec. 7. Establishment and powers of the Assassination Records Review Board
(a) Establishment.-There is established as an independent agency a board to be known as the Assassinations [sic] Records Review Board. (b) Appointment.-(1) The President, by and with the advice and consent of the Senate, shall appoint, without regard to political affiliation, 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 assassination 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 [Oct. 26, 1992]. (3) If the Senate votes not to confirm a nomination to the Review Board, the President shall make an additional nomination not later than 30 days thereafter. (4)(A) The President shall make nominations to the Review Board after considering persons recommended by the American Historical Association, the Organization of American Historians, the Society of American Archivists, and the American Bar Association.
(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 [Oct. 26, 1992], 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
ment, relating to the assassination of President John F. Kennedy;
(B) shall be distinguished persons of high national professional reputation in their respective fields who are capable of exercising the independent and objective judgment necessary to the fulfillment of their role in ensuring and facilitating the review, transmission to the public, and public disclosure 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; and
(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 clearances.
(2) All nominees shall qualify for the necessary security clearance prior to being considered for confirmation by the Committee on Governmental Affairs of the Senate.
(d) Confirmation hearings.-(1) The Committee on Governmental Affairs of the Senate shall hold confirmation hearings within 30 days in which the Senate is in session after the nomination 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 session after the confirmation hearings, and shall report its results to the full Senate immediately. (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 Affairs.
(e) Vacancy.-A vacancy on the Review Board shall be filled in the same manner as specified for original appointment within 30 days of the occurrence of the vacancy.
(f) Chairperson.-The Members of the Review Board shall elect one of its members as chairperson at its ini
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 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 President may, if necessary to protect the rights of a person named in the report or to prevent undue interference with any pending prosecution, postpone or refrain from publishing any or all of the report until the completion of such pending cases or pursuant to privacy protection 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 commenced 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 Board shall be compensated at a rate equal to the daily equivalent of the annual rate of basic pay prescribed for level IV of the 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 travel expenses, including per diem in lieu of subsistence, at rates for employees of agencies under subchapter I of chapter 57 of title 5, United States Code, while away from the member's home or regular place of business in the performance of services for the Review Board. (i) Duties of the Review Board.—(1) The Review Board shall consider and render decisions on a determination by a Government office to seek to postpone
(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 complete identification aids 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;
(C)(i) obtain access to assassination records that have been identified and organized by a Government office;
(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 under this Act; and
(iii) request the Attorney General to subpoena private persons to compel testimony, records, and other information relevant 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;
(E) receive information from the public regarding the identification and public disclosure of assassination records;
(F) hold hearings, administer oaths, and subpoena witnesses and documents; and
(G) use the Federal Supply Service in the same manner and under the same conditions as other departments and agencies of the United States; and
(H) use the United States mails in the same manner and under the same conditions as other departments and agencies of the United States.
Committee on Governmental Affairs of the Senate shall have continuing oversight jurisdiction with respect to the official conduct of the Review Board and the disposition of postponed records after termination of the Review Board, and shall have access to any records held 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. (n) Interpretive regulations.-The Review Board may issue interpretive regulations.
(0) Termination and winding up.-(1) The Review Board and the terms of its members shall terminate not later than September 30, 1998. (2) 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.
(3) Upon termination and winding up, the Review Board shall transfer all of its records to the Archivist for inclusion in the Collection, and no record of the Review Board shall be destroyed.
Sec. 8. Assassination Records Review Board personnel
(a) Executive director.-(1) Not later than 45 days after the initial 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 professional and who is not a present employee of any branch of the Government and has had no previous involvement with any official investigation 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 acceler
(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 activities 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 disclosure.
(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, 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, without regard to the civil service laws, may appoint and terminate additional personnel as are necessary to enable the Review Board and its Executive Director to perform the duties of the Review Board.
(2)(A) Except as provided in subparagraph (B), 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 previous involvement with any official investigation or inquiry relating to the assassination of President John F. Kennedy.
(B) An individual who is an employee of the Government may be appointed to the staff of the Review Board if in that position the individual will perform only administrative functions. (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.
(B)(i) The Review Board may offer conditional employment to a candidate for a staff position pending the completion of security clearance background investigations. During the pendency of such investigations, the Review Board shall ensure that any such emplovee does not have access to, or
carry out the responsibilities of the position for which conditional employment has been offered, the Review Board shall immediately terminate the person's employment.
(c) Compensation.-Subject to such rules as may be adopted by the Review Board, the chairperson, without regard to the provisions of title 5, United States. Code, governing appointments in the competitive service and without regard to the provisions of chapter 51 and subchapter III of chapter 53 of that title relating to classification and General Schedule pay rates, may—
(1) appoint an Executive Director, who shall be paid at a rate not to exceed the rate of basic pay for level V of the Executive Schedule; and
(2) appoint and fix compensation of such other personnel as may be necessary to carry out this Act. (d) Advisory committees.-(1) The Review Board shall have the authority to create advisory committees to assist in fulfilling the responsibilities of the Review Board under this Act.
(2) Any advisory committee created by the Review Board shall be subject to the Federal Advisory Committee Act (5 U.S.C. App. 2).
(e) Security clearance required. An individual employed in any position by the Review Board (including an individual appointed as Executive Director) shall be required to qualify for any necessary security clearance prior to taking office in that position, but may be employed conditionally in accordance with subsection (b)(3)(B) before qualifying for that clearance.
Sec. 9. Review of records by the Assassination Records Review Board
(a) Custody of records reviewed by Board.-Pending the outcome of the Review Board's review activity, a Government office shall retain custody of its assassination records for purposes of preservation, security, and
ment, publish a schedule for review of all assassination records in the Federal Register; and
(2) not later than 180 days after the date of enactment of this Act [Oct. 26, 1992], 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 the absence of clear and convincing evidence that—
(A) a Government record 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 assassination record, the Review Board shall seek to—
(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 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.
(ii) A substitute record for that information which is postponed.
(iii) A summary of an assassination record.
(3) With respect to each assassination record or particular information in assassination records the public disclosure of which is postponed pursuant to section 6, or for which only substitutions or summaries have been disclosed to the public, the Review Board shall create and transmit to the Archivist a report containing
(A) a description of actions by the Review Board, the originating body, the President, or any Government office (including a justification of any
material may be appropriately disclosed to the public under this Act.
(4)(A) Following its review and a determination that an assassination record shall be publicly disclosed in the Collection or postponed for disclosure and held in the protected Collection, 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.
(B) Contemporaneous notice shall be made to the President for Review Board determinations regarding executive branch assassination records, and to the oversight committees designated in this Act in the case of legislative branch records. 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 determination.—
(1) Public disclosure or postponement of disclosure.After the Review Board has made a formal determination concerning 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 assassination record, obtained or developed solely within the executive branch, 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 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 President's decision, including the applicable grounds for postponement under section 6, accompanied by a copy of the identification aid required under section 4. (2) Periodic review. Any executive branch assassination record postponed by the President shall be subject to the requirements of periodic review, downgrading
Federal Register a copy of any unclassified written certification, statement, and other materials transmitted by or on behalf of the President with regard to postponement of assassination records.
(e) Notice to 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 assassination record, the Review Board shall 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 postponement that is relied upon.
(f) Reports by the review board.-(1) The Review Board shall report its activities to the leadership of the Congress, the Committee on Government Operations of the House of Representatives, the Committee on Governmental Affairs of the Senate, the President, the Archivist, and the head of any Government office whose records have been the subject of Review Board activity.
(2) The first report shall be issued on the date that is
year after the date of enactment of this Act [Oct. 26, 1992], and subsequent reports every 12 months thereafter until termination of the Review Board.
(3) A report under paragraph (1) shall include the following information:
(A) A financial report of the expenses for all official activities and requirements of the Review Board and its personnel.
(B) The progress made on review, transmission to the 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, including requests and the level of cooperation of Government offices, with regard to the ability of the Review Board to operate as required by this Act.
(E) A record of review activities, including a record of postponement decisions by the Review Board or oth~~