102D CONGRESS 2D SESSION H. J. RES. 454

To provide for the expeditious disclosure of records relevant to the assassination of President John F. Kennedy.

IN THE HOUSE OF REPRESENTATIVES :rvIARcH 26, 1992

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Mr. STOKES (for himself, Mr. Co:xYERS, i-.Ir. BROOKS, Mr. RosE, Mr. l-LuIIL­TOX, Mr. i\Io • .\KLEY, 1\Ir. F.AZIO, l\Ir. HORTOX, ~Ir. TR..\FICA..'\T, Mr. WELDOX, l\Ir. CLAY, Mr. CA:\lPBELL of Colorado, Mr. RoHRABACHER, l\Ir. AuCOix, l\Ir. PICKETT, l\Ir. LEACH, l\Ir. :1\1ILLER of Califomia, l\fr. JACOBS, l\Ir. CLE:.rEXT, Mr. WYLIE, Mrs. SCHROEDER, l\Ir. SERRAXO, Mr. MCNULTY, Mr. M.IBTIXEZ, Mr. SA..'\TORIDI, l\Ir. LEWIS of Florida, l\Ir. SHARP, Mr. DREIER of California, i\fr. KOPETSKI, l\Ir. BEREUTER, i\Ir. E:.IERSOX, 1\fr. WA.."'OL.\X, Mr. HEFLEY, Mr. PE'TIERSO:\ of Florida, i\Ir. GIL:.IA..'\, 1\fr. BACCHUS, 1\Ir. SKAGGS, Ms. SLAUGHTER, i\Ir. SL\.T­

TERY, Mr. ABERCRmIBIE, and Mr. l\lI:'.\"ETA) introduced the following joint resolution; which was referred jointly to the Committees on House Administration, Government Operations, Rules, and the Judiciary

JOINT RESOLUTION To provide for the e::-..-peditious 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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2 This Joint Msolution may be cited as the ii.Assas-

3 sination l\1aterials Disclosure Act of 1992 11•

4 §EC. 2. JFINDJLN'G§9 IDECJI..JlJ?2AT1IOJN§9 &ID P1UP&P0§E.

5 (a) FINDINGS AND DECLAJRA.TIONS.~The Congress

6 finds andl declares that~

7 (1) the Xegitimacy of any government in a free

8 society depends on the consent of the people;

9 (2) the ability of a government in a free society

10 to obtain the consent of the people is undermined to

11 the degree that the people do not trust their govern-

12 ment;

13 (3) the disclosure of records in the possession

14 of the Government relevant to the assassination of

15 President John F. Kennedy \vi~] contribute to the

16 trust of the people in their govermnent;

17 ( 4) the disclosure of records in the possess10n

18 of the Government relevant to the assassination of

19 President John F. Kennedy should proceed as expe~

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ditiously as practicable; and

(5) aH Tecords in the possession of the Govern~

ment relevant to the assassination of President John.

F" Kennedy should be released to the public at the --

earliest opportunity1 except where clear and coxrvinc~

ing justiffoatfon exists for postponing the disclosure

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1 of such records to a specified. time or follmving a

2 specified occurrence in the future.

3 (b) PURPOSE.-The purpose of this Joint Resolution

4 is to secure the e}q_peditious disclosure of records relevant

5 to the assassination of President John F. Kennedy as soon

6 as practicable consistent -with the public interest.

7 SJ.EC. SJ. lDIB:lFJil\J1ITJIIQJN§o

8 In this Joint Resolution:

9 (1) i1Archivisf1 means the Archivist of the

l 0 United States.

11 (2) iiA.ssassination mate::"iaF 1 means a record

12 that relates in any manner or degree to the assas-

13 sination of President John F. Kennedy1 that 'vas

14 created or obtained by the House Committee1 the

15 Senate Committee1 the 'VVariren Commission, or an

16 Executive agency or any other entity '\Yithin the Ex-

17 ecutive branch of the Govermnent1 and that is in the

18 custody of the House of Representatives1 the Senate1

19 the National Archives, or any other Executive agen-

20 cy1 but does not include (A) material to the e::\."tent

21 that it pertains to personnel matters or other a.dmin-

22 istrative affairs of a congressional committee 1 the

23 'Varren Commission1 or any entity within tl~ie Execu-

24 tive branch of the Government; or (B) the autopsy

25 materials donated by the Kennedy family to the Na-

1 tional Archives pursuant to a deed of gift regulating

2 access to those materials1 which are addressed u.1

3 subsection lO(b) of this Joint ResolutiorL

4 (3) iicommittee11 means the House Committee

5 or Senate Committee"

( 4) uExecutive agency1' means an Executive

7 agency as defined in subsection 552(f) of title 51

8 United States Code"

9 (5) iiHouse Conunitteen meruits the Select Com-

10 mittee on Assassinations of the House of Rep-

11 resentatives and the Permanent Select Committee on

12 Intelligence of the House of Representatives acting

13 under this Joint Resolution vvith respect to assas-

14 sination materials in the custody of the House of

15 Representatives:

16 (6) iiNational .Archives11 means the National

17 Archives and ftecrnrds Adim.irJ.stration,

18 (7) iiOriginating body1 means the Executive

19 agency1 commission1 or congressional committee that

20 created the particular record or obtained the p&r~

21 ticular record from a source other than another en~

22 tity of the Government1 or the custodian of records

23 of that agency1 commissfon1 or ieorrJf11Ilrittee fo:r pur~ ..

24 poses of this Joint Resolution" For purposes of this

25 Joint Resolution1 (A) the custodian of records of the

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1 Select Committee on Assassinations of the House of

2 Representatives is the Permanent Select Corruorittee

3 on Intelligence of the House of RBpresentativesi (B)

4 the custodian of records of the Select Committee to

5 Study Governmental Operations \Vith Respect to In-

6 telligence of the Senate is the Select Corn.nlittee rnr:

7 InteHigence of the Senate; and ( C) the custodian of

g records of the Warren Comr:rJssion is the .Auchivist

9 of the United States,

10 (8) 11R.ecord11 includes a hook 1 paper1 rnap 1 pho~

11 tograph, machine readable material, computerized,

12 digitized, or electronic information, regardless of the

13 medium on \Yhich it is stored, or other documentary

14 material, regardless of its physical form o:r charac~

15 teristics.

16 (9) ''Revie1.v Boardn means the Jl.Lssassination

17 I\'Iaterial Review Board established under section 5,

18 (10) iisenate Committee11 means the Select

19 Committee to Study Governmental Operations With

20 Respect to Intelligence of the Senate and the Select

21 Committee on IntelHgence of the Senate acting

22 under this Joint Resolution i,vith respect to assas~

23 sination materials in the custody of the Senateo

1 (11) iiwarren Commission11 means the Presi-

2 dent's Commission on the Assassination of President

3 John F. Kennedy,

6 (a) IN GENER.Ah-Except for assassination material

7 or particular information in assassination material the dis-

8 closure of which is postponed under section 81 aH assas-

9 sination materials slhaU be transferred to the N ationaJ Alf-

10 chives and made available for inspection and copying by

11 the general public as soon as practicable.

12 (b) FEES FOR COPY1NG,-The Archivist shall charge

13 fees for copying and grant \vaivers of such fees pursuan~

14 to the standards established by section 552 of title 51

15 United States Code,

16 (c) PRINTING Al\D DISSEMINATION OF i\sSASSINA-

17 TION l\/IATERIALS,~(l) The Archivist may provide copies

18 of assassination materials of broad publfo interest to the

19 Goverrument Printing Office 1 which shaH print copies for

20 sale to the public"

21 (2) .Assassination materials printed by the Govern-

22 ment Printing Office pursuant to this subsection shall be

23 placed in Hbraries throughout the United States that are --

24 Government depositories in accordance l,vith the provisions

25 of chapter 19 of title 44, United States Code,

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1 §lE:Co 5lo A§§A§§JIN'A'll(QJW :MLA'lrJE:JFJYAL§ L~ IBl((]AJm,

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3 independent agency a board to be knovvn as the Assa:ssina~

4 tion Materials Review BoairdL

5 (b) APPOINTMENT ,=(l) The division of the united

i5 States Court of Appeals for the District of Columbia Cir-

7 cuit established uncleir section 49 of title 28 1 United States

g Code1 shalll1 vvitlhin rumety c~lendair days of the date of en-

9 actment of this Joint Resolution1 appo1nt1 without regard

10 to political affiliatfon1 five distinguished and impartial pri-

11 vate citizens, none of whom are presently employees of any

12 branch of the Government and none of whom shaH have

13 had any previous involvement "With any investigation or in~

14 quhy relating to the assassination of President John F,

15 Kennedy, to serve as members of the Reviev1,r Board,

16 (2) A vacancy on the Review Board shaH be fiHed

17 in the same manner as the original appointment was made

18 under paragraph ( .

19 (3) The members of the Reviff;,v Board shall be

20 deemed to be infe:rioir officers of the United States 'vifrJn

21 the meaning of section 2 of article II of the Constitution.

22 ( c) CHAIR.-The members of the Review Board shall

23 elect 1 of its members as chair at its initial meeting,

24 (d) COMPENSATION OF ThilEl\IBERS.~(1) A member of

25 the Revie'v Board shall be compensated at a rate equal

26 to the daily equivalent of the annual rate of basfo pay pre-

w -0:»4 rn

1 scribed for level IV of the Executive Schedule under sec~

2 tion 5315 of title 51 United States Codei for each day On~

3 eluding travel time) during which the member is engaged

4 in the performance of the duties of the Review Boant

5 (2) A member of the Review Board shall be aHmved

6 reasonable travel expenses1 including per diem in lieu of

7 subsistence, at rates authorized for employees of agencies

8 under subchapter I of chapter 57 of title 51 United States

9 Code1 while mvay from the member1s home or :regular

l 0 place of business the performance of services for the

11 Review Board.

12 (e) STAFF.~(1) The Review Board may1 'vithout ice-

13 gard to the civil service laws and regulatfons 1 appoint and

14 terminate an Executive Director and such other additional

15 personnel as are necessary to enable the Review Board to

16 perform its duties. The individual appointed Executive Di-

17 :rector shall be a person of integrity and impartiality who

U~ is not a present employee of ainy birandh of the Govem-

19 ment and has had no previous involvement "With any inves-

20 tigation or inquiry relating to the assassination of Presi-

21 dent John F. Kennedy.

22 (2) The Review Board may fix the compensation of

23 the executive directow and other personnel without :regard ..

24 to the provisions of chapter 51 and subchapter III of chap0

25 ter 53 of title 51 United States Code, relating to classifica-

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1 tion of positions and General Schedule pay rates, except

2 that the rate of pay for the executive director and other

3 personnel may not exceed the rate payable for level V of

4 the Executive Schedule under section 5316 of that title,

5 (3) At the request of the Executive Director, Execu~

6 tive agencies1 including the National Archives and other

7 originating bodies vvithin the Executive branch1 shall detail

8 to the Review Board sudh empfoyees as may be necessary

9 :and appropriate to carry out the review required by this

10 Joint Resolution, Any employee detaHed to the Review

11 Board for this purpose shaH be detailed '1,vithout reim~

12 bursement1 and such detaH shaH be without interruption

13 or loss of civil service status or privilege,

14 ( 4) The Review Board may procure temporary and

15 intermittent services under section 3109(b) of title 51

16 United States Code1 at rates for individualls that do not

17 exceed the daily equivalent of the anmml rate of basic pay

18 prescribed for leve~ V of the Executive Schedule under sec~

19 tion 5316 of that title,

20 (f) INAPPLICABILITY OF CERTlilN LAWfL~The foI~

21 lmving laws shall not apply to the Review Board:

22 (1) Subchapter II of chapter 5 of title 51 United

23 States Code,

24 (2) Chapter 7 of title 51 United States Code,

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l (3) Section 3105 and 3344 of title 51 United

2 States Code,

3 (g) DUTIES,~The Review Boa:rd shall conside:r and

4 render decisions on referrals by the Executive Director

5 and appeals as p:rovided in section 7 for a determination~

6 (1) whether a record constitutes assassination

7 material subject to this Joint Resolution; and

8 {2) whether a record or particular information

9 in a :record qualifies for postponement of disclosure

10 under this Joint Resolutiono

U (h) REMOVAL,~(!) A member of the Review Board

12 may be removed from office1 other than by impeachment

13 and convfotion1 only by the action of the President or the

14 Attorney Generali acting on behalf of the President1 and

15 only for inefficiency1 neglect of duty1 maffeasance in office1

16 physical disabiHty1 mental incapaeity1 or any other condi~

17 tion that substantially impairs the performance of the

19 (2)(A) ][fa member of the Review Board is removed

20 from office1 the Attorney Generali shaH promp{dy subwJt

21 to the division of the court that appointed the members

22 of the Review Board, the Coirnmittee on the Judiciary of

23 the Senate, and the Committee on the Judfoiiary of the __

24 House of Representatives a report specifying the facts

25 found and the ultimate grounds for the removaL

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1 (B) The division of the court1 the Committee on the

2 Judiciary of the Senate1 and the Conunittee on the Judici~

3 ary of the House of Representatives shaH make available

4 to the public a report submitted under subparagTaph (J,.) 1

5 except that the division of the court or either judiciary

6 committee may1 if necessary to protect the :rights of a per~·

7 son named in the report or to prevent undue interference

8 'vith any pending prosecution1 postpone or refrain frorn

9 publishing any or an of the report.

10 (3)(A) A member of the Revie'v Board removed from

11 office may obtain judicial revimv of the remoYal in a ci,il

12 action commenced in the United States District Court, for

13 the District of Columbia.

14 (B) A member of th.e division of the court that ap-

15 pointed the members of the Re,ie\\' Board may not hear

16 or determine a civil action or an appeal of a decision in

17 a civil action brought under subparagraph (A).

18 (C) The member may be reinstated or gTanted other

19 appropriate relief by order of the court.

20 (i) OVERSIGHT.-(!) The appropriate committee of

21 the House of RepresentatiYes and the Select Committee

22 on Intelligence of the Senate shall haYe continuing o,·er-

23 sight jurisdiction 'vith respect to the official con.duct of

24 the Rc,iew Board1 to include access to any records held

25 or created by the Revie'v Board, and the ReYie-w Board

JH[J 454 lilHI

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1 shall have the dutv to cooperate 'vith the exercise of such o/ ~

2 oversight jurisdiction.

3 (2) The Review Board shall submit to the CongTess

4 such statements or :reports on the activities of the ReYie,\,

5 Board as: the Review Board considers to be appropriate

6 m addition to the notifications required by subsection

7 8(g).

(j) SUPPORT SERVICES.~The Administrator of the

9 General Services Administration shaH provide administra ~

10 th·e services for the Review Board en a reimbursable basis,

11 The ... \rchivist sh?-11 provide support services for the Revfo,v

12 Board to include, as necessai:.J71 office space, clerical sup-

13 port, and. personnel support1 on a reimbursable basis.

14 (k) INTERPRETIVE REGUI.u\TIONS,-The Rcvie1.v

15 Board may issue interpreth:e regulations.

16 {l) TER:'IHNATIOK-(1) The Revimv Board and the

17 terms of its members shaU terminate \vi.thin hvo years of

18 the date upon which the Board is formaHy constituted pur-

19 suant to this Joint Resolution and begins operations: Pro-

20 vicled, That1

if the Revimv Board has not completed its

21 'vork pursuant to this Joint Resolution 'lvithin such tvro~

22 year period1 it mayi by :majority vote 1 el>."tend its term for

23 an additional one~year period for such pm1Jose .. i'iny addi- --

24 tional e1>.'tension of the ReYie-1v Board and the terms of its

25 members: shall be authorized by the Congress.

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1 (2) At least thirty calendar days prior to the comple-

2 tion of its 1,vork1 the Review Board shall provide ·written

3 notice to the President and the Congress of its intention

4 to terminate its operations at a specified dateo

5 §JEC. Q3. GR0101'ID§ FOR JPO§TJPONEMDENT OJF DK§CLO§URE.

6 Disclosure to the general pubHc of assassination ma-

7 terial or particular information in assassination material

8 may be postponed if its release 'voukl~

9 (1) reveal~

10 (A) an intelligence agenti

11 (B) an inteHigence source or method 'vhich

12 1s currently utilized1 or reasonably e::q)ected to

13 be utilized1 by the United States Goi;ernmenti

14 or

15 (C) any other rnatter currently relating to

16 the 1nilitary defense 1 intelligence operations or

17 conduct of foreign relations of the United

18 States;

19 and the threat to the military defense 1 intelligence

20 operations or conduct of foreigT1 relations of the

21 United States posed by its disclosure is of such gTff\'-

22 ity that it outweighs any public interest in its disclo-

23 sureo

24 (2) constitute an invasion of priYacy of a lfring

25 person1 whether that person is identified in the rna-

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1 teriali or noti and that inYasion of privacy is so snb-

2 stantial that it out\veighs any public interest in its

3 disclosurei

4 (3) constitute a substantial and unjustified 'Vio-

5 lation of an understanding of confidentiality bet1;veen

6 a Government agent and a vdtness or a foreign goY-

7 ermnenti or

8 ( 4) disclose a security or protective procedure

9 currently utHized1 or reasonably expected to be uti-

10 lized1 by the Secret Service or other Government

11 agency responsible for protecting Gm:e:mment offi-

12 cialsi and that disclosure is so ha.rmfuJ that it out-

13 'veighs any public interest in its disclosure.

14 §ECo fJ'o REVIJE:W (Q)JF :&LATERJIAL§ Ja'j{ 'JrlH[E EXJE:ClLJ'JI'JfV1E J[})][JREC 0

t5 TOR,

16 (a) RELEASE OF )LLL AsSASSINATXON riL.\TERIALS TO

17 THE EXECUTIVE DIRECTOR-Each Executive agencyi in-

18 eluding the National .,.4,rchives1 shaH make available to the

19 Executive Director an assassination materials1 as defined

20 in section 31 in its possession1 including but not limited

21 to1 in the case of the N ationaL .Archi'ves1 the records of

22 the \Varren Comrnission1 the House Committee1 and the

23 Senate Committee" 'Where the agency is uncertain if a

24 record is assassination material 1 it shaH make that record

25 available to the Executive Di:rectoro The Executive Diree-

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1 tor shall have the authority and responsibility, vrhere cir-

2 cumstances 1,va:rrant1 to inquire of any Exem.11.tiYe agency

3 as to the existence of further records that may be assas-

4 sination materials bevond those made axaHable bv that ~ ~

5 agency, to obtain access to such records, and to rec-

6 ommend that the Review Board subpoena such records in

7 the event of denial of such access.

8 (b) EXECUTIVE DIRECTOR RESPONSIBILITY ,~The

9 Executive Director shall have :responsibility for revie1wing

10 all records that are made available by ExecutiYe ag·encies 1

11 including the National Archives, pursuant to subsection

12 7(a).

13 (c) CONSULTATION BY EXECUTIVE DIRECTOR.-The

14 Executi'1:e Director may consult 'vith the originating body

15 for advice and information in reaching a decision with re-

16 spect to the disclosure or nondisclosure of assassination

17 materials,

18 ( d) PRESUilIPTION FOR RELEASK-In the absence of

19 clear and convincing evidence that an assassination mate~

20 rial or particular information i,viti1in an assassination ma~

21 terial falls ·within the exemptions established in section 6

22 of this Joint Resolution1 the Executive Director shall di~

23 rect that the assassination material or particular- informa~

24 tion be released pursuant to subsection 7(e){l),

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1 (e) EXECUTIVE DIRECTOR DECISION.-A~te1· re-d.e·w

2 of each record, the Executh:e Director shall, as soon as

3 practicable after the date of enactment of this Joint Reso~

4 lution1 either~

5 (1) notify the originating body or bodies that

6 the record is assassination material that is appro~

7 priate for release in its entirety pm.·suant to the

8 standards established m this Joint Resolution. In

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such event, the Executive Director shaH transmit the

record to the Archivist and the ~Archivist shall make

the record available for inspection and appropriate

copying by the public, unless ''"ithin thirty calendar

days of notification an originating body files a notice

of appeal ''rith the Revi.e\v Board: ProvidedJ That

any record that1 in the judgn1ent of the Executiye

Director1 arguably falls within subsection 6(2) 1 shall

automatically be referred to the Revievi,r Board pur~

suant to subsection 7(e)(2)(D); or

(2) :refer the record to the Revie'w Board 1 ac~

companied by a 'v;,rritten determination, indicating

one of the follov;ing:

(A) that1 ]n the Executive Director1s judg=

ment1 the record is not :assassination mate:rial;

(B) that1 in the Executive Director1 s judg~

ment1 the reco:rd is assassination material that

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qualifies for postponement of disclosure under

section 6 or contains particular information

that qualifies for postponement of disclosure

under section 6;

(C) that full Revievr Board investigation

and/or Review Board judgn1ent appears appro~

priate fer a determination as to 'vhether the

record or particular information in the record

qualifies for postponement of disclosure under

section 6 and thus that this determination shall

be vested in the Revie\v B~mrd rather than the

Executive Di:rectori or

(D) that, in the ExecutiYe Director's judg­

ment1 the record arguably falls \Vithin sub­

section 6(2) and thus that the determination as

to 'vhether the record qualifies for postpone­

ment of disclosure shaB be vested in the RevieYr

18 Board rather than the Executive Director.

19 §EC, §, DlETEID1irlINATKON§ BY 1'HE REVlIEW BOAR.JD,

20 (a) APPEALS A .. "\1D REFERRALS.-The RevieYr Board

21 shall rcvie-1,v and apply the standards for release set forth

22 in this Joint Reso1u.tion to---

23 (1) all records that are the subject of appeals

24 pursuant to section 7(e)(l}; and

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1 (2) all records referred to the Re·vie-'" Board by

2 the Executive Director pursuant to section 7(e)(2),

3 . (b) PRESUMPTION FOR RELEASK-In the absence of

4 clear and convincing evidence that an assassination mate-

5 rial or particular information 'vi.thin an assassination ma-

6 ~erial falls \vithin the exemptions established in section 6

7 of this Joint Resolution1 the Board shaH direct that the

8 assassination material or particular information be re-

9 leased pursuant to subsection 8(h),

10 (c) PO\VERS,~The Revie-1,v Board shaU have author-

.11 ity to hold hearings, administer oaths 1 and subpoena wit-

12 nesses and documents 1 and its subpoenas may be enforced

13 in any appropriate Federal court by the Department of

14 Justice acting pursuant to a lmvful request of the Review

15 Board.

16 ( d) .ADDITIONAL JYIATERIALS,~The ReYieur Board

17 shall have the authority and responsibility1 1,vhere cir-

18 cumstances warrant1 to inquire of any Executive agency

19 as to the existence of further records that may be assas~

20 sination materials bevond those made available bv that "' ~

21 agency1

to obtain access to such records 1 and to use its

22 subpoena power in support of this authority,

23 (e) \VITl\1ESS bIMUJ\11TY,~T!ne Revie'v Board shall be ·-

24 considered an agency of the United States for pu.rposes

25 of section 6001 of title 18 1 United States Code,

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1 (f) REVIEW BOARD DETERl\llNATIOl\"i:'.L~J\hfte:r review

2 of each record1 the Revievr Board shaH deterrrJne vrhether

3 such record is assassination material1 and1 ff so, 'vhether

4 such assassination material, or particular information in

5 the assassination material, qualifies for postponement of

6 disclosure pursuant to section 6. Pilly reasonably seg~

7 regable particular information in an assassination mate~

8 rial shall be considered for refoase after deletion of infor~

9 mation in that assassination material that qualifies for

10 postponement of disclosure. "\"\There an entire assassination

11 material qualifies for postponement of disclosure pursuant

12 to section 61 the Board may, after consultation 'vith the

13 originating body and if consistent nith and to the e:.\.'tent

·14 consistent v11.th section 61 create and prepare for release

15 a summary of the assassination material in order to pro-

16 vide for the fullest disclosure feasible. V1lhere particular

17 information in an assassination material qualifies for post~

18 ponement of disclosmre pursuant to section 61 the Board

19 may1 after consultation with the originating body and if

20 consistent with and to the e:&..i:ent consistent with section

21 61 create and prepare for release appropriate substitutions

22 for that information in order to proYide for the fullest dis~

23 closure feasible.

24 (g) DECISIONS To POSTPONE,-,,lhere the Board de~

25 termines that a record is not assassination material 1 or

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1 that a record1

or particular information :i.n the recordi

2 qualifies for postponement of disclosure pursuant to sec~

3 tion 61

the Board shall transmit to the originating body

4 ''Titten notice of such determination1 together ,,7}th a copy

5 of the record at issue 1 and1 if the originating body is an

6 Executive agency1

a copy of such notice and of the record

7 shall be transmitted to the appropriate committee of the

8 House of Representatives and the Select Committee on In~

9 telligence of the Senate, Such notice shall contain a state~

10 ment of the reason or reasons for the Board1s decision,

11 A.\ny decision of the Board that a record is not assassina~

12 tion material, or that disclosure of a record or particular

13 information in a record should be postponed pursuant to

14 section 6, shall not be subject to judicial review,

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(h) DECISION'S To RELEASK~

(l) NoN~EXECUTrvE AGEN'CY lVJLATERIAL,~ln

the case of records for which the originating body is

the Wa:r:ren Commission1 the House Committee 1 or

the Senate Coirrumittee, where the Review Boa:rd de~

termines that a irecord is assassination material 1 and

that a :reco:rd1

particufar information in a record1 a

summary of a record1 or a substitution for particular

23 info:rmation in a record is appropriate for release

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pursuant to this Joint Rzsolution1 the Review Board

shall transmit the record1 partieu1ar information 1

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]

1

21

1 summary1 or substitution to the .Archivist1 and the

2 .A.rchlvi:st shall make such rec01rd 1 particular informa-

3 tion1 :summary1 or substitution available fo:r in:spec-

4 tion and copying by the public. The Review Board1:s

5 decision to release :shaH not be subject to Jrevie\v by

6 the President or any other entity of the Government

7 and shaH not be :subject to judicfaJ review.

g (2) EXECUTIVE AGENCY M.ATERIAL.~L'11 the

9 case of records for which the originating body is an

10 Executive agency1 excluding the 1Na:rren Commis-

11 sion1 where the Revimv Board determines that a

12 record1 particular. information in a record1 a :sum-

13 mary of a :record1 or a :substitution for particular in~

14 formation in a record is appropriate for r\~lease pur~

· 15 ~mant to this Joint Resoh.1rtion1

the JReview Board

16 shaH transmit to the originating body V\nritten notice

17 of its determination. Ix: such event, the &view

18 Board shaH transmit tlhe record1 parlfoufar informa~

19 tion 1 summacy1 or substitute Ito the Archlvist1 and

20 the Archivist shaH make such material available for

21 inspection and appropriate copying by the public1

22 unless 1 "'>vithln sixty calendar days of the date on

23 which the Board has notified the originatiing body1

24 the President has certified to the Review Board and

25 the Archivist that the material quaHfies for post~

22

1 ponement of disclosure pu:rsuant to section 61 in

2 1,vhfoh case release of the material shaH be post~

3 poned1 and this decision shaU not be subject to judi~

4 cial review" The President shaH not delegate this au~

5 thority to any other official oir entity"

6 (i) PRESIDENTL.o\L NOTICE TO CONGRESSIONAL COM-

7 M:ITTEES.-,Vhenever the President makes a certification

8 pu:rsuant to subsection 8(h)(2) 1 the President shaH submit

9 to the appropriate comnuttee of the House of Rep~

l 0 resentatives and the Select Committee on Intelligence of

11 the Senate a 'written statement setting forth the reason

12 or reasons for superseding the Board's determination and

13 a complete copy of the material at frn;m.lle,

14 (j) BOARD NOTICE TO PUBLICo~Every sh'ty real~

15 endar daysi begiimaing sL'\.'iy ca!endmr days after the date

16 on which the Review Board first postpones release of any

17 assassination material pursuant to section 8(g) 1 the Board

18 shall make avaHable for public inspection and copying a

19 notice of all such postponements deternrined over the

20 s~-ty-day period, including :a desedption of the sfae and

21 nature of each assassination materia] concerned and the

22 ground or grom1H1J'ts folf postponement.

23 (k) PRESIDENTIAL NOTICE TO PUBLJIC.~In any ca~~

24 in \vrJlch a determination of the Boarrd to release assas~

25 sination materiall is superseded by the President pUI"fmant

23

1 to this m1bsection 1 the President shaH within ten calendar

2 days publish in the Federal Register notice of such action1

3 including a description of the size and nature of the assas~

4 sination material concerned and the ground rnr grounds for

S postponemento

6 0) b!MUL\,"ITY FRO~K SUITo~No person shaU have a

7 cause of action against members1 :employees or detailees

§ of the Review Board arising ou';; of any action rnr failure

9 to act vvith regard to assassination material under this

10 Joint Resolution,

11 (m) RULES OF THE HOUSE OF REPRESENTATIVES

12 A..1\TD SENATK-That portion of subsection 8(h){l) that

13 permits the Review Board to release materials for which

14 the originating body is the House Committee rnr the Sen~

15 ate Committee '\vithout the concurrence or appirova1 of any

16 congressional body is enacted by the Congress~

17 (1) as an exercise of the rulemaking pmver of

18 the House of Representatives and the Senate1 ire~

19 spectively1 and as such is deemed a part of the rules

20 of each House, respectively1 and such procedures su~

21 persede other rufos on1y to the e:A."tent that they are

22 inconsistent with such other rules; and

23 (2) with the fuH recognition of the con~

24 stitutional right of either House to change the rules

25 (so far as relating to the procedures of that House)

24

1 at any time1 in the same manner7 and to the same

2 e}>.i.ent as any other role of that House.

3 §JEC, ®· ~G AND ~WOW Wi,TJElRJiiiJL§ Tim JDlli§CLC0> 0

4 §lLrnJE: OW WJHillCJBI TI§ PCO>§'Il'lPCO>N!ElDJo

5 {A) lYIARKING.~:'With irespect to each assassination

6 ·material oir particular information in assassination mate~

7 rial the disclosure of 'Vrhich is postponed pmrsuant to sec­

g tion 81 or for 'vhich only substitutions or summaries have

9 been released to the public pursuant to subsection 8(h) 1

10 the Review Board shall append to the material (1)

11 records of proceedings conducted pursuant to this Joint

12 Resolution and relating to the material and (2) a state-

13 ment of the Reviev1.r Board designating1 based on a re-view

14 of the proceedings and in conformity vvith the decisions

15 reflected therein1 a specified time at vrhich or a specified

16 occurrence foHmving which the material may appropriately

17 be reconsidered for release pursuant to the standards es~

18 tabHshed in this J oiint Resolution. The Review Board shaU

19 then transfer the materfaJ aIDld appem:llfoes to the Archivist

20 for placement in the Archives under seaL

21 (b) REV1E,V.=The sealed assassination materials

22 transferred by the &view Board pursuant to this section

23 shall remain subject to the stamfa.irds for release ,estab-

24 lished by this Joint Resolution, H shall be the continuing

25 duty of the Archivist to review the sealied assassination

25

X materials and the documents appended thereto pursuant

2 to this section and to :resubmit assassination materials to

3 the Revie'v Board1 if it is stm in existence1

or to 1the origi 0

41 nating body1 if the Review Board has been ab0Hslhed1

5 whenever it appea:rs to the Archivist tl'htat review may be

6 appropriate.

7 §ECo IL@o Dll§CJ.iDl§UJU «JlW C}l'II'lHIJE~ !:ML%HlR!J[&JL~ ~ AIDllDlK0

i§ 'lrK<DJN&L §T'7i.U"ID1fo

9 (a) lVL.\TERJWLS UNDER SE.AL OF COURTo~(l) The

10 Review Board may request the Department of Justice to

11 petition1 or through its ovvn counsel petition1

any court in

12 the United States or abroad to release any information

13 relevant to the assassination of President John Fo Keno

14 nedy that is held under seal of the cot1.rt,

15 (2)(A) The Rel1ew Board may request the Attorney

16 General to petition1 or through its mm counsel petition,

17 any court in the United States to Jrefoase any information

18 relevant to the B.ssassination of President John F, Keno

19 nedy that is held under the iirJunctfon of secrecy of a

20 grand jury,

21 (B) A request for disclosure of assassination mate0

22 rials under this Joint Resolution shaH lbe deemed to cone

23 stitute a shmving of p&rtfouJarized need under Ruie--6 of

24 the Federal Rules of Criminal PiroeeduTeo

26

l (b) AUTOPSY I\L-\TERIALS.~The Re\l.evr Board shall 1

2 pursuant to the terms of the appHcable deed of gift 1 seek

3 access to the autopsy photographs and x-rays donated to

4 the N ationaR Achives by the Kennedy family under the

5 deed of gift. The RevievF Board shaH1 as soon as prac-

6 . ticable1

submit to the appropriate committee of the House

7 and the Select Committee on InteHigence of the Senate

8 a report on the status of these materials and on access

9 to these materials by individuals consistent v:ri.th the deed

10 of gift.

11 (c) SENSE OF Co~GRESS.~It rn the sense of Con-

12 gress that-

13

14

15

t6 ,, A

17

18

19

( 1). the Attorney General should assist the Re-

\i.ew Board in good faith to unseal any records that

the Review Board determines to be relevant and held

under seal by a court or under the injunction of se-

crecy of a grand jurJi

(2) the Secretary of State should contact the

GoYernment of the Republic of Russia and seek the

20 disclosure Of aH records of the goYernment Of the

21 former Soviet Union 1 induding the records of the

22 Komitet Gosudarstvennoy Bezopasnosti {KGB) and

23 the Glavnoye Razvedyvatelnoye Upravleniye (GRUh

24 releYant to the assassination of President Kennedy1

25 and contact any other foreign gm:ernment that may

27

1 hold information relevant to the assassination of

2 President Kennedy and seek disclosure of such in.for~

3 mation; and

4 (3) an Executive agenmes should cooperate in

5 fuU 1vith the R€vfow Board to seek the disclosure of

6 aU information refoYant to the assassination of

7 President John F, Kennedy consisterrfc 'vitlh the pub~

~ lfo interest,

9l §IB:Co JlJL lE,UJL.lE§ (IJ)JF ((;(iJ)N§'1I'JR\.UC'lrJIDlNo

10 (a) PRECEDENCE OYER OTHER LAw,~(1) V\Yhe:re

11 this Joint Resolution requires release of a record1

it shaH

12 take precedence over any other faw1

judicial de.cision con~

13 struing such faw1 or common Raw doctrine that would oth~

14 envise prohibit such release.

15 (b) FREEDOM OF INFORTuiATION ACT,~Nothing ]n

16 this Joint Resofotion shaU be construed fo eHminate or

17 limit any right to file requests \rith any Executive agency

18 other than the &view Boardl Olr' seek judicial irevfo\v of

19 the decisions of such agencies pursuant to section 552 of

20 titKe 5 1 United! States Code.

2Jl {c) E:xISTKNG AUTHOR!TY,~Nothing 1n this Joint

22 Resofotion revokes or Hmits the existing authority of the

23 President1 any Executive agency1 the Senate1

or the ,JHouse

24 of Representatives 1 or ainy other entity of the Government

25 to release records in its possession,

.. ;;.

28 1 §EiC. 12. 'JI'lEJR.M:lII'il'A'rlION OF JEWFJE<C'r <OlW J"CC»JIN'Jr JRE§OJLUTlION,

2 The provisions of this Joint Resolution 'tvhich pertain

3 to the appointment and operation of the Re"\ie'v Board

4 shall cease to be effective 'ovhen the Review Board and the

5 tenns of its members have terminated pursuant to sub-

6 section 5 The remaining provisions of this Joint Reso-

7

8

9

10

u

12

D

14

lution shaH continue in effect untH such time as the .Archi­

vist certifies to the President and the Congress that aB

assassination materials have been made available to the

public in accordance vzlith this Joint Resolution.

§EC. rn. AU'JrHORJLZh'!'JION OJF i11P'JPIBS.OlP1P&JIA'JrlION§o

(a) l;'.\Y GENERAL.~There are authorized to be appro­

priated such sums as are necessary to carry out. this Joint

Resolution 1 to remain available untH expended.

15

16

17

(b) I~TERI:M FUNDING,~Until such time as funds

are appropriated pursuant to subsection {a), the President

may use such sums as are available for discretiona:ry use

Jl8 to can".)' out this Joint Resolution.

19 §EC, 11AL §1KvlERAJBIDLK'1r1L

20 If any provision of this Joint Resolution or the appH-

21 cation thereof to any person or ciircumstance is held in-

22 valid 1 the remainder of this Joint Resolution and the appH-

23 cation of that pro,ision to other persons not simHarly situ-

24 a ted or to other circumstances shaB not be affected by

25 the im·alidation.

0