(a)
(1) accept for deposit with the National Archives of the United States the records of a Federal agency, the Congress, the Architect of the Capitol, or the Supreme Court determined by the Archivist to have sufficient historical or other value to warrant their continued preservation by the United States Government;
(2) direct and effect the transfer of records of a Federal agency determined by the Archivist to have sufficient historical or other value to warrant their continued preservation by the United States Government to the National Archives of the United States, as soon as practicable, and at a time mutually agreed upon by the Archivist and the head of that Federal agency not later than thirty years after such records were created or received by that agency, unless the head of such agency has certified in writing to the Archivist that such records must be retained in the custody of such agency for use in the conduct of the regular business of the agency;
(3) direct and effect, with the approval of the head of the originating Federal agency, or if the existence of the agency has been terminated, with the approval of the head of that agency's successor in function, if any, the transfer of records, deposited or approved for deposit with the National Archives of the United States to public or educational institutions or associations; title to the records to remain vested in the United States unless otherwise authorized by Congress; and
(4) transfer materials from private sources authorized to be received by the Archivist by section 2111 of this title.
(b)
(1) in consultation with the head of the originating Federal agency, is authorized to accept a copy of the records described in subsection (a)(2) that have been in existence for less than thirty years; and
(2) may not disclose any such records until the expiration of-
(A) the thirty-year period described in paragraph (1);
(B) any longer period established by the Archivist by order; or
(C) any shorter period agreed to by the originating Federal agency.
(
Based on 44 U.S. Code, 1964 ed., §397(a) (June 30, 1949, ch. 288, title V, §507, as added Sept. 5, 1950, ch. 849, §6(d),
A prior section 2107 was renumbered section 2111 of this title.
2014-
1984-
1978-Par. (2).
1976-Par. (4).
Amendment by
"This Act may be cited as the 'Civil Rights Cold Case Records Collection Act of 2018'.
"In this Act:
"(1)
"(2)
"(A) arising out of events which occurred during the period beginning on January 1, 1940 and ending on December 31, 1979; and
"(B) related to-
"(i) section 241 of title 18, United States Code (relating to conspiracy against rights);
"(ii) section 242 of title 18, United States Code (relating to deprivation of rights under color of law);
"(iii) section 245 of title 18, United States Code (relating to federally protected activities);
"(iv) sections 1581 and 1584 of title 18, United States Code (relating to peonage and involuntary servitude);
"(v) section 901 of the Fair Housing Act (42 U.S.C. 3631); or
"(vi) any other Federal law that was-
"(I) in effect on or before December 31, 1979; and
"(II) enforced by the criminal section of the Civil Rights Division of the Department of Justice before the date of enactment of this Act [Jan. 8. 2019].
"(3)
"(A) is related to a civil rights cold case; and
"(B) was created or made available for use by, obtained by, or otherwise came into the possession of-
"(i) the Library of Congress;
"(ii) the National Archives;
"(iii) any executive agency;
"(iv) any independent agency;
"(v) any other entity of the Federal Government; or
"(vi) any State or local government, or component thereof, that provided support or assistance or performed work in connection with a Federal inquiry into a civil rights cold case.
"(4)
"(5)
"(6)
"(7)
"(8)
"(9)
"(10)
"(11)
"(12)
"(13)
"(a)
"(1)
"(A) commence establishing a collection of civil rights cold case records to be known as the 'Civil Rights Cold Case Records Collection' that ensures the physical integrity and original provenance of all records in the Collection;
"(B) commence preparing and publishing the subject guidebook and index to the Collection; and
"(C) establish criteria for Government offices to follow when transmitting copies of civil rights cold case records to the Archivist, to include required metadata.
"(2)
"(A) a copy of each civil rights cold case record-
"(i) that has not been transmitted to the Archivist, which shall be transmitted to the Archivist in accordance with section 2107 of title 44, United States Code, by the entity described in section 2(3)(B) in possession of the civil rights cold case record, except in the case of a State or local government;
"(ii) that has been transmitted to the Archivist or disclosed to the public in an unredacted form before the date of the enactment of this Act;
"(iii) that is required to be transmitted to the Archivist; or
"(iv) the disclosure of which is postponed under this Act; and
"(B) all Review Board records, as required under this Act.
"(b)
"(1) shall be included in the Collection;
"(2) not later than 60 days after the transmission of the record to the Archivist, shall be available to the public for inspection and copying at the National Archives; and
"(3) shall be prioritized for digitization by the National Archives.
"(c)
"(1) use efficient electronic means when possible;
"(2) charge fees for copying civil rights cold case records; and
"(3) grant waivers of such fees pursuant to the standard established under section 552(a)(4) of title 5, United States Code.
"(d)
"(e)
"(1)
"(A) as soon as is reasonably practicable, and in any event not later than 2 years after the date of the enactment of this Act, transmit to the Archivist, for the Archivist to make available to the public in accordance with subsection (b), a copy of each civil rights cold case record that can be publicly disclosed, including any such record that is publicly available on the date of enactment of this Act, without any redaction, adjustment, or withholding under the standards of this Act; and
"(B) transmit to the Archivist upon approval for postponement by the Review Board or upon completion of other action authorized by this Act, a copy of each civil rights cold case record for which public disclosure has been postponed, in whole or in part, under the standards of this Act, to become part of the protected Collection.
"(2)
"(A) not later than 90 days after-
"(i) final judgment is entered in the proceedings relating to the civil rights cold case; or
"(ii) proceedings relating to the civil rights cold case are dismissed with prejudice; or
"(B) not later than the date that is 1 year after the date on which the Attorney General submits to the Archivist the certification, if an indictment or information has not been filed with respect to the civil rights cold case.
"(f)
"(1)
"(2)
"(3)
"(4)
"(A)
"(i) the head of the originating body, an executive agency, or other Government office recommends in writing the exemption of the record or information, the release of which would clearly and demonstrably be expected to-
"(I) cause identifiable or describable damage to national security, military defense, law enforcement, intelligence operations, or the conduct of foreign relations that is of such gravity that it outweighs the public interest in disclosure; or
"(II) reveal information described in paragraphs (1) through (9) of section 3.3(b) of Executive Order 13526 (75 Fed. Reg. 707; relating to classified national security information) [50 U.S.C. 3161 note];
"(ii) the written recommendation described in clause (i)-
"(I) is provided to the Archivist not later than 180 days before the date that is 25 years after the date of enactment of this Act; and
"(II) includes-
"(aa) a justification of the recommendation to postpone disclosure; and
"(bb) a recommended specified time at which or a specified occurrence following which the material may be appropriately disclosed to the public under this Act; and
"(iii) the Archivist agrees with the written recommendation described in clause (i).
"(B)
"(g)
"(h)
"(1)
"(2)
"Disclosure of civil rights cold case records or particular information within a civil rights cold case record to the public may be postponed subject to the limitations of this Act if disclosure would clearly and demonstrably be expected to-
"(1)(A) cause identifiable or describable damage to national security, military defense, law enforcement, intelligence operations, or the conduct of foreign relations that is of such gravity that it outweighs the public interest in disclosure; or
"(B) reveal information described in paragraphs (1) through (9) of section 3.3(b) of Executive Order 13526 (75 Fed. Reg. 707; relating to classified national security information);
"(2)(A) reveal the name or identity of a living individual who provided confidential information to the United States; and
"(B) pose a substantial risk of harm to that individual;
"(3) constitute an unwarranted invasion of personal privacy;
"(4)(A) compromise the existence of an understanding of confidentiality currently requiring protection between a Government agent and a cooperating individual or group; and
"(B) be so harmful that the understanding of confidentiality outweighs the public interest;
"(5) endanger the life or physical safety of any individual; or
"(6) interfere with ongoing law enforcement proceedings.
"(a)
"(b)
"(1)
"(2)
"(A)
"(B)
"(C)
"(D)
"(3)
"(A) not have had any previous involvement with any official investigation or inquiry conducted by the Federal Government, or any State or local government, relating to any civil rights cold case;
"(B) be distinguished individuals of high national professional reputation in their respective fields who are capable of exercising the independent and objective judgment necessary to fulfill their role in ensuring and facilitating the review, transmission to the public, and public disclosure of files related to civil rights cold cases and who possess an appreciation of the value of such material to the public, scholars, and government; and
"(C) include at least 1 professional historian and 1 attorney.
"(c)
"(d)
"(e)
"(f)
"(1)
"(A) by impeachment and conviction; or
"(B) by the action of the President for inefficiency, neglect of duty, malfeasance in office, physical disability, mental incapacity, or any other condition that substantially impairs the performance of the member's duties.
"(2)
"(A)
"(B)
"(3)
"(A)
"(B)
"(g)
"(1)
"(2)
"(h)
"(1)
"(2)
"(A) whether a record constitutes a civil rights cold case record; and
"(B) whether a civil rights cold case record or particular information in a record qualifies for postponement of disclosure under this Act.
"(i)
"(1)
"(A) obtain access to civil rights cold case records that have been identified and organized by a Government office;
"(B) 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;
"(C) subpoena private persons to compel the production of documents and other records relevant to its responsibilities under this Act;
"(D) require any Government office to account in writing for the destruction of any records relating to civil rights cold cases;
"(E) receive information from the public regarding the identification and public disclosure of civil rights cold case records; and
"(F) hold hearings, administer oaths, and subpoena documents and other records.
"(2)
"(j)
"(k)
"(1)
"(2)
"(l)
"(m)
"(n)
"(1)
"(2)
"(3)
"(A)
"(B)
"(a)
"(1)
"(2)
"(A) shall be a citizen of the United States of integrity and impartiality who is a distinguished professional; and
"(B) shall have had no previous involvement with any official investigation or inquiry relating to civil rights cold cases.
"(3)
"(4)
"(5)
"(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 shall be disclosed to the public or postponed for disclosure.
"(6)
"(b)
"(1)
"(2)
"(A) shall be a private citizen of integrity and impartiality; and
"(B) shall have had no previous involvement with any official investigation or inquiry relating to civil rights cold cases.
"(3)
"(4)
"(c)
"(d)
"(a)
"(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.
"(b)
"(1) not later than 90 days after the date on which all members of the Review Board are appointed, publish a schedule for review of all civil rights cold case records in the Federal Register; and
"(2) not later than 180 days after the enactment of this Act [Jan. 8, 2019], begin its review of civil rights cold case records under this Act.
"(c)
"(1)
"(A) a Government record is not a civil rights cold case record; or
"(B) a Government record or particular information within a civil rights cold case record qualifies for postponement of public disclosure under this Act, which shall include consideration by the Review Board of relevant laws and policies protecting criminal records of juveniles.
"(2)
"(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 a civil rights cold case record.
"(ii) A substitute record for that information which is postponed.
"(iii) A summary of a civil rights cold case record.
"(3)
"(A) a description of actions by the Review Board, the originating body, the President, or any Government office (including a justification of any such action to postpone disclosure of any record or part of any record) and of any official proceedings conducted by the Review Board with regard to specific civil rights cold case 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)
"(5)
"(d)
"(1)
"(2)
"(3)
"(e)
"(f)
"(1)
"(2)
"(3)
"(A) A financial report of the expenses for all official activities and requirements of the Review Board and its employees.
"(B) The progress made on review, transmission to the Archivist, and public disclosure of civil rights cold case records.
"(C) The estimated time and volume of civil rights cold case 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 other related actions authorized by this Act, and a record of the volume of records reviewed and postponed.
"(F) Recommendations and requests to Congress for additional authorization.
"(G) An appendix containing copies of reports of postponed records to the Archivist required under subsection (c)(3) made since the date of the preceding report under this subsection.
"(4)
"(a)
"(1)
"(2)
"(A)
"(B)
"(3)
"(A)
"(B)
"(b)
"(1) the Attorney General should assist the Review Board in good faith to unseal any records that the Review Board determines to be relevant and held under the seal by a court or under the injunction of secrecy of a grand jury; and
"(2) all departments and agencies of the United States Government should cooperate in full with the Review Board to seek the disclosure of all information relevant to civil rights cold cases consistent with the public interest.
"(a)
"(1)
"(2)
"(b)
"(c)
"(d)
"Until such time as funds are appropriated to carry out this Act, the President shall use such sums as are available for discretionary use to carry out this Act."
"(a)
"(b)
"This Act may be cited as the 'President John F. Kennedy Assassination Records Collection Act of 1992'.
"(a)
"(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 disclosed to enable the public to become fully informed about the 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 Information Act [5 U.S.C. 552], as implemented by the executive branch, has prevented the timely public disclosure of records relating to the assassination of President John F. Kennedy;
"(6) legislation is necessary because [former] Executive Order No. 12356, entitled 'National Security Information' has eliminated the declassification and downgrading schedules relating to classified 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 President John F. Kennedy are almost 30 years old, and only in the rarest cases is there any legitimate need for continued protection of such records.
"(b)
"(1) to provide for the creation of the President John F. Kennedy Assassination Records Collection at the National Archives and Records Administration; and
"(2) to require the expeditious public transmission to the Archivist and public disclosure of such records.
"In this Act:
"(1) 'Archivist' means the Archivist of the United States.
"(2) '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 Activities Within the United States (the 'Rockefeller Commission');
"(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 Committee') of the House of Representatives;
"(E) the Select Committee on Assassinations (the 'House Assassinations Committee') of the House of Representatives;
"(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 local law enforcement office that provided support or assistance or performed work in connection with a Federal inquiry into the assassination of President John F. Kennedy,
but does not include the autopsy 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) 'Collection' means the President John F. Kennedy Assassination Records Collection established under section 4.
"(4) 'Executive agency' means an Executive agency as defined in subsection 552(f) of title 5, United States Code, and includes any Executive department, military department, Government corporation, Government controlled corporation, or other establishment in the executive branch of the Government, including the Executive Office of the President, or any independent regulatory agency.
"(5) 'Government office' means any office of the Federal 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 Intelligence Activities and other assassination records;
"(C) the Library of Congress;
"(D) the National Archives as custodian of assassination 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 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 prepared for each record as required in section 4.
"(7) 'National Archives' means the National Archives and Records Administration and all components thereof, including Presidential archival depositories established under section 2112 of title 44, United States Code.
"(8) 'Official investigation' means the reviews of the assassination of President John F. Kennedy conducted by any Presidential 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 official.
"(9) 'Originating body' means the Executive agency, government commission, congressional committee, or other governmental 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 informing the American people about the history surrounding the assassination of President John F. Kennedy.
"(11) 'Record' includes a book, paper, map, 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 material, regardless of its physical form or characteristics.
"(12) 'Review Board' means the Assassination Records Review Board established by section 7.
"(13) 'Third agency' means a Government agency that originated an assassination record that is in the possession of another agency.
"(a)
"(2) The Collection shall include-
"(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 date of enactment of this Act;
"(ii) that are required to be transmitted to the National Archives; or
"(iii) the disclosure of which is postponed under this Act;
"(B) a central directory comprised of identification aids created for each record transmitted to the Archivist under section 5; and
"(C) all Review Board records as required by this Act.
"(b)
"(c)
"(1) charge fees for copying assassination records; and
"(2) grant waivers of such fees pursuant to the standards established by section 552(a)(4) of title 5, United States Code.
"(d)
"(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)
"(a)
"(2) No assassination record shall be destroyed, altered, or mutilated 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, redacted, postponed for public disclosure, or reclassified.
"(4) No assassination record created by a person or entity outside government (excluding names or identities consistent with the requirements of section 6) shall be withheld, redacted, postponed for public disclosure, or reclassified.
"(b)
"(1) the Review Board requires the physical transfer of records for purposes of conducting an independent and impartial 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).
"(c)
"(2) In carrying out paragraph (1), a Government office shall-
"(A) determine which of its records are assassination records;
"(B) determine which of its assassination records have been officially disclosed or publicly available in a complete and unredacted form;
"(C)(i) determine which of its assassination records, or particular information contained in such a record, was created by a third agency or by another Government office; and
"(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 particular 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) the applicable postponement provision contained in section 6;
"(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-
"(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
"(ii) the identification, review, and transmission, 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 information and records that the Review Board has reason to believe 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 such records available to the Review Board as required by this Act.
"(d)
"(B) The Archivist shall ensure that the identification aid program 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 describes when it is transmitted to the Archivist.
"(3) Assassination records which are in the possession of the National 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 office under this Act, and shall not be required to have such an identification aid unless required by the Archivist.
"(e)
"(1) transmit to the Archivist, and make immediately available to the public, all assassination records that can be publicly disclosed, including those that are publicly available on the date of enactment of this Act [Oct. 26, 1992], without any redaction, adjustment, or withholding under the standards of this Act; and
"(2) transmit to the Archivist upon approval for postponement by the Review Board or upon completion of other action 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.
"(f)
"(g)
"(2)(A) A periodic review shall address the public disclosure of additional assassination records in the Collection under the standards of this Act.
"(B) 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.
"(C) The periodic review of postponed assassination records shall serve to downgrade and declassify security classified information.
"(D) Each assassination record shall be publicly disclosed in full, and available in the Collection no later than the date that is 25 years after the date of enactment of this Act [Oct. 26, 1992], unless the President certifies, as required by this Act, that-
"(i) continued postponement is made necessary by an identifiable harm to the military defense, intelligence operations, law enforcement, or conduct of foreign relations; and
"(ii) the identifiable harm is of such gravity that it outweighs the public interest in disclosure.
"(h)
"(1) charge fees for copying assassination records; and
"(2) grant waivers of such fees pursuant to the standards established by section 552(a)(4) of title 5, United States Code.
"Disclosure of assassination records or particular information in assassination records to the public may be postponed subject to the limitations of this Act 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 record 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 is currently utilized, or reasonably expected to be utilized, by the United States Government and which has not been officially 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 relations 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 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 public disclosure would be so harmful that it outweighs the public interest.
"(a)
"(b)
"(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, 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 any official investigation or inquiry conducted by a Federal, State, or local government, 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)
"(2) All nominees shall qualify for the necessary security clearance prior to being considered for confirmation by the Committee on Governmental Affairs [now Committee on Homeland Security and Governmental Affairs] of the Senate.
"(d)
"(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)
"(f)
"(g)
"(A) by impeachment and conviction; or
"(B) by the action of the President for inefficiency, neglect of duty, malfeasance in office, 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 [now Committee on Oversight and Reform] of the House of Representatives and the Committee on Governmental Affairs [now Committee on Homeland Security and 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)
"(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)
"(2) In carrying out paragraph (1), the Review Board shall consider and render decisions-
"(A) whether a record constitutes an assassination record; and
"(B) whether an assassination record or particular information in a record qualifies for postponement of disclosure under this Act.
"(j)
"(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 Acquisition 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.
"(2) A subpoena issued under paragraph (1)(C)(iii) may be enforced by any appropriate Federal court acting pursuant to a lawful request of the Review Board.
"(k)
"(l)
"(2) The Review Board shall have the duty to cooperate with the exercise of such oversight jurisdiction.
"(m)
"(n)
"(o)
"(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.
"(a)
"(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 accelerated manner subject to the standard procedures for granting such clearances.
"(B) A candidate shall qualify 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 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)
"(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 employee does not have access to, or responsibility involving, classified 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 conditional employment has been offered, the Review Board shall immediately terminate the person's employment.
"(c)
"(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)
"(2) Any advisory committee created by the Review Board shall be subject to the Federal Advisory Committee Act (5 U.S.C. App.).
"(e)
"(a)
"(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.
"(b)
"(1) not later than 90 days after the date of its appointment, 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)
"(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 such action to postpone disclosure of any record or part of any record) and of any official proceedings conducted by the Review Board with regard to specific assassination 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 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)
"(1)
"(2)
"(3)
"(e)
"(f)
"(2) The first report shall be issued on the date that is 1 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 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.
"(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, the Review Board shall provide written notice to the President and Congress of its intention to terminate its operations at a specified date.
"(a)
"(1) The Review Board may request the Attorney General to petition any court in the United States or abroad to release any information relevant to the assassination of President John F. Kennedy that is held under seal of the court.
"(2)(A) The Review Board may request the Attorney General to petition any court in the United States to release any information relevant to the assassination of President John F. Kennedy that is held under the injunction of secrecy of a grand jury.
"(B) A request for disclosure of assassination materials under this Act shall be deemed to constitute a showing of particularized need under Rule 6 of the Federal Rules of Criminal Procedure [18 U.S.C. App.].
"(b)
"(1) the Attorney General should assist the Review Board in good faith to unseal any records that the Review Board determines to be relevant and held under 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 the government of the former Soviet Union, including the records of the Komitet Gosudarstvennoy Bezopasnosti (KGB) and the Glaynoye Razvedyvatelnoye Upravleniye (GRU), relevant to the assassination of President Kennedy, and contact any other foreign government that may hold information relevant to the assassination of President Kennedy and seek disclosure of such information; and
"(3) 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.
"(a)
"(b)
"(c)
"(d)
"(e)
"(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 it 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 procedure 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.
"(a)
"(b)
"(a)
"(b)
"If any provision of this Act or the application thereof to any person or circumstance is held invalid, the remainder of this Act and the application of that provision to other persons not similarly situated or to other circumstances shall not be affected by the invalidation."
[Postponement of records from full public disclosure under section 5(g)(2)(D) of
[For transfer of the functions, personnel, assets, and obligations of the United States Secret Service, including the functions of the Secretary of the Treasury relating thereto, to the Secretary of Homeland Security, and for treatment of related references, see sections 381, 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6.]
For provisions authorizing Archivist to review, downgrade, and declassify information of former Presidents under control of Archivist pursuant to this section, see Ex. Ord. No. 13526, §3.5(b), Dec. 29, 2009, 75 F.R. 718, set out as a note under section 3161 of Title 50, War and National Defense.