H.J.Res.454 - Assassination Materials Disclosure Resolution of 1992102nd Congress (1991-1992)
|Committees:||House - Government Operations; House Administration; Judiciary; Rules | Senate - Governmental Affairs|
|Committee Reports:||H.Rept 102-625 Part 2; H.Rept 102-625 Part 1|
|Latest Action:||Senate - 09/23/1992 Read twice and referred to the Committee on Governmental Affairs. (All Actions)|
This bill has the status Passed House
Here are the steps for Status of Legislation:
- Passed House
Summary: H.J.Res.454 — 102nd Congress (1991-1992)All Information (Except Text)
Passed House amended (08/12/1992)
Assassination Materials Disclosure Resolution of 1992 - Directs the Archivist of the United States to establish in the National Archives (NA) the President Kennedy Assassination Materials Collection.
Requires the National Historical Publications and Records Commission to provide for the selection and preparation for publication of materials in the Collection that are of broad historical interest.
Requires the Public Printer to make such materials available: (1) for distribution and sale; and (2) through the Depository Library Program.
Authorizes the head of each executive agency to transfer to the Archivist for inclusion in the Collection each record of an official investigation of the assassination of President Kennedy (assassination record) for which the agency is a custodian of records.
Requires such agency head to make available to the Assassination Materials Review Board (established by this Act) each assassination record for which the agency is a custodian of records and which has not been transferred from the agency to the Archivist.
Requires the Archivist to make available to the Review Board each assassination record for which the Committee on House Administration of the House of Representatives or the Select Committee on Intelligence of the Senate is a custodian of records.
Requires the custodian of records for an assassination record, no later than 60 days after receipt of a Review Board recommendation with respect to the record, to transfer it to the Archivist for inclusion in the Collection if: (1) the Review Board determines that the record is assassination material and recommends its transfer to the Archivist for inclusion in the Collection; and (2) that transfer and inclusion is not postponed under this Act.
Requires the Review Board to review assassination and all other relevant records made available to it to determine whether the record is assassination material and, if so and in accordance with criteria for postponement, submit to the custodian of records or other appropriate entity a recommendation that the record: (1) should be transferred to the Archivist for inclusion in the Collection; or (2) qualifies for postponement. Requires each determination and recommendation of the Review Board to: (1) identify the record that is the subject of the determination or recommendation; and (2) set forth the basis for the determination or recommendation. Requires the Review Board to: (1) determine that a record is assassination material, unless it determines by clear and convincing evidence that the record does not have any relevance to the Kennedy assassination; (2) recommend the transfer of assassination material to the Archivist for inclusion in the Collection, unless there is clear and convincing evidence that the material qualifies for postponement; and (3) submit to the Archivist for inclusion in the Collection each determination that an assassination record is not assassination material and each recommendation where assassination material qualifies for postponement.
Specifies qualifying postponement criteria for assassination records whose disclosure would: (1) impair national security; (2) reveal confidential sources still alive; (3) constitute an unwarranted and substantial invasion of personal privacy; (4) violate an understanding of confidentiality between a Government agent and a cooperating individual or a foreign government; or (5) threaten the safety of Government officials. Mandates postponement of the transfer of assassination material to the Archivist for inclusion in the Collection, notwithstanding any recommendation of the Review Board, if: (1) in the case of assassination material for which the originating body is either the Senate Select Committee to Study Government Operations With Respect to Intelligence Activities, or the House Select Committee on Assassinations, the appropriate House of Congress certifies that the material qualifies for postponement based on the above mentioned criteria; or (2) where the originating body is an executive agency, the President certifies to the Review Board that the material qualifies for postponement based on such criteria. Sets forth requirements with respect to such presidential certification.
Provides for the marking and future reconsideration of postponed materials for inclusion in the Collection.
Authorizes the Review Board to request: (1) the Department of Justice to petition any court in the United States or a foreign country to make publicly available any information relevant to the Kennedy assassination that is held under the court's seal; and (2) the Attorney General to petition any U.S. court to make publicly available any information relevant to the Kennedy assassination that is held under the injunction of secrecy of a grand jury.
Directs the Review Board to: (1) seek access to the autopsy photographs and x-rays donated to NA by the Kennedy family; and (2) report to the Speaker of the House and the Select Committee on Intelligence of the Senate on their status and on access to them by individuals consistent with the deed of gift.
Requires the Attorney General to assist the Review Board in good faith to unseal any records that it determines to be relevant and held under seal by a court or under the injunction ot secrecy of a grand jury.
Requires the Secretary of State to contact: (1) the Government of the Republic of Russia and seek the public availability of all records of the Government of the former Soviet Union that are relevant to the Kennedy assassination; and (2) any other foreign government that may hold other relevant information and seek the public availability of such information.
Establishes as an independent agency the Assassinations Materials Review Board. Requires the division of the U.S. Court of Appeals for the District of Columbia Circuit charged with appointment of independent counsels to appoint five distinguished and impartial private citizens outside of Government who have had no prior involvement with assassination record review. Requires Review Board members to appoint an individual to serve as Executive Director of the Review Board.
Describes the circumstances under which the Review Board shall terminate. Provides that upon its termination, the Review Board's records shall be transferred to the Archivist.
Provides that an executive agency shall upon request promptly provide to a member of the Review Board access to any record requested by the Review Board.
Authorizes appropriations to carry out this Act and authorizes the use of discretionary funds until funds are appropriated.