Statement of Administration Policy: H.J. Res. 454 - Assassination Materials Disclosure Act of 1992

(SENT 8/12/92)
(House)
(Stokes (D) Ohio and 112 others)

The Administration fully supports the goal of assuring the maximum public disclosure of records concerning the assassination of President John F. Kennedy, with narrow exceptions only where necessary to serve the public interest. Indeed, the Administration urges House passage of S. 3006, the "President John F. Kennedy Assassination Records Collection Act of 1992," as passed by the Senate on July 27, 1992.

One provision of H.J. Res. 454, however, raises serious constitutional questions related to the separation of powers. Under that provision, the Special Division of the Court of Appeals for District of Columbia Circuit would appoint members of a Review Board to evaluate assassination materials. By contrast. S. 3006 provides for the establishment of a Review Board appointed by the President with the advice and consent of the Senate. Therefore, if H.J. Res. 454 were presented to the President in its current form, his senior advisors would recommend a veto.

The Administration also opposes H.J. Res. 454 because it would:

—   Unlike S. 3006, fail to authorize the President to supersede determinations of the Review Board regarding Executive branch information contained in congressional documents.

—   Grant independent litigating authority to the Review Board.

—   Grant the Review Board "access to any record" maintained by an executive agency, regardless of its relationship to the assassination of President Kennedy.

—   Allow only 60 days from enactment for an agency to review assassination materials before providing them to the Review Board. (S. 3006 would provide 300 days for these reviews.)