[Federal Register Volume 60, Number 191 (Tuesday, October 3, 1995)]
[Notices]
[Pages 51773-51774]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-24507]
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ASSASSINATION RECORDS REVIEW BOARD
Freedom of Information Act Statement of Organizations, Functions,
and Authority Delegations
AGENCY: Assassination Records Review Board.
ACTION: Notice.
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SUMMARY: The Assassination Records Review Board (Review Board) is
issuing the following notice in accordance with the affirmative
disclosure provisions of the Freedom of Information Act (FOIA). The
FOIA requires each Federal agency to publish in the Federal Register a
statement of its organizations and functions.
This notice provides a brief history of the Review Board, describes
the organization of the Review Board, and identifies the primary
responsibilities of the Review Board.
FOR FURTHER INFORMATION CONTACT:
T. Jeremy Gunn, Acting General Counsel, Assassination Records Review
Board, 600 E Street, NW., 2nd Floor, Washington, DC. 20530.
SUPPLEMENTARY INFORMATION: Congress conceived of the Assassination
Records Review Board (Review Board) as an independent Federal agency to
oversee the identification and release of records related to the
assassination of President John F. Kennedy. President Bush signed into
law The President John F. Kennedy Assassination Records Collection Act
of 1992, 44 U.S.C. 2107 (1992) (JFK Act) in October, 1992, and
President Clinton appointed the five members of the Review Board. The
Review Board members were sworn in on April 11, 1994, after
confirmation by the Senate.
The JFK Act gives the Review Board the authority to identify,
secure, and make available all records related to the assassination of
President Kennedy. The Act provides that ``[a]ll Government records
concerning the assassination of President John F. Kennedy should carry
a presumption of immediate disclosure.'' The Act mandates that all
assassination records be housed in a single collection at the National
Archives and Records Administration (NARA).
The Review Board oversees a larger process of agency record review
and release established by the JFK Act. The Act requires all Federal
agencies to identify records in their possession that may relate to the
assassination and to determine whether such records may be disclosed
immediately or whether the agency will ask the Review Board to postpone
release of the information. The Review Board then evaluates all agency
decisions to postpone the release of records. The Act allows the Review
Board to sustain Federal agencies' requests for postponements only if
the information at issue falls into defined categories, such as
national security, intelligence gathering, and privacy, provided the
agency provides the Review Board ``clear and convincing evidence'' of
some harm that outweighs the public interest in disclosure. Once the
Review Board completes its review of agency recommendations for
postponement, all records, including those that have postponed release
dates, will be transferred to the National Archives for inclusion in
the John F. Kennedy Assassination Record Collection. The JFK Act
requires that all
[[Page 51774]]
assassination records be released by the year 2017, with the exception
of records that the President of the United States certifies for
continued postponement after that point.
The Review Board will seek to identify and secure assassination
records held by Federal, state, and local governments as well as
records held by private entities.
The Senate report on the JFK Act states that ``the underlying
principles guiding the legislation are independence, public confidence,
efficiency, and cost effectiveness.'' In order to achieve these
objectives, the Act gives the Review Board the specific powers to: (1)
Direct Government offices to provide identification aids and organize
assassination records; (2) direct Government offices to transmit
assassination records to the National Archives; (3) obtain
assassination records that have been identified and organized by a
Government office; (4) direct Government offices to investigate the
facts, additional information, records, or testimony from individuals
which the Review Board has reason to believe is required; (5) request
the Attorney General to subpoena private persons to compel testimony,
records, and other relevant information; (6) require any Government
office to account in writing for the destruction of any records
relating to the assassination of President Kennedy; (7) receive
information from the public regarding the identification and public
disclosure of assassination records; and (8) hold hearings, administer
oaths, and subpoena witnesses and documents.
The Review Board is currently supported by a senior staff
consisting of an Executive Director, an Associate Director for
Communications, an Associate Director for Administration, and an
Associate Director for Research and Analysis, who is also serving as
Acting General Counsel. In addition to the senior staff, the Review
Board has hired a Chief Investigator, fourteen analysts, five
administrative support personnel, an investigator, and a part-time
computer specialist.
Activities of the Review Board are carried out through the
operation of a central office located in Washington, D.C. The Review
Board's office is located at 600 E Street NW., 2nd Floor, Washington,
DC 20530.
The Review Board has until October 1, 1996, to fulfill its mandate,
plus an additional year at the Review Board's discretion to complete
its responsibilities.
The Review Board issues this notice in accordance with the
affirmative disclosure provisions of the FOIA, at 5 U.S.C. 552(a)(1).
Dated: September 27, 1995.
David G. Marwell,
Executive Director.
[FR Doc. 95-24507 Filed 10-2-95; 8:45 am]
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