Kennedy Assassination (Open Files) bill

Assassination Materials Disclosure Act of 1992 - Provides that except for assassination material or particular information in assassination material the disclosure of which is postponed, all assassination materials shall be transferred to the National Archives and made available for inspection by the general public.

Requires the Archivist to charge fees for copying and grant waivers of such fees pursuant to the standards established by the Freedom of Information Act.

Authorizes the Archivist to provide copies of assassination materials of broad public interest to the Government Printing Office (GPO), which shall print copies for sale to the public. Requires assassination materials printed by GPO to be placed in Government depository libraries.

Establishes as an independent agency the Assassination 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 the Government who have had no prior involvement with inquiries into the assassination of President John F. Kennedy to serve as members of the Review Board. Allows the Review Board to appoint an Executive Director. Requires the Review Board to consider and render decisions on referrals by the Executive Director and appeals for a determination whether a: (1) record constitutes assassination material subject to this Act; and (2) record or particular information in a record qualifies for postponement of disclosure under this Act. Describes the circumstances under which the Review Board will terminate.

States that disclosure to the general public of assassination material or particular information in assassination material may be postponed if its release would: (1) reveal an intelligence agent, an intelligence source or method currently utilized by the Government, or any other matter currently relating to military defense, intelligence operations, or the conduct of U.S. foreign relations which, if disclosed, would pose such a threat as to outweigh any public interest in its disclosure; (2) constitute an invasion of privacy of a living person, whether or not that person is identified in the material, that is so substantial as to outweigh any public interest in its disclosure; (3) constitute a substantial and unjustified violation of an understanding of confidentiality between a Government agent and a witness or a foreign government; or (4) disclose a security or protective procedure currently utilized by a Federal agency responsible for protecting Government officials, and that disclosure is so harmful that it outweighs any public interest in its disclosure.

Requires each executive agency to make available to the Executive Director of the Review Board all assassination materials in its possession. Requires agencies that are uncertain as to whether or not a record is assassination material to make that record available to the Executive Director.

Makes the Executive Director responsible for: (1) inquiring as to the existence of further records beyond those made available that may be assassination materials; (2) obtaining access to such records; (3) recommending that the Review Board subpoena such records in the event access is denied; and (4) reviewing all records that are made available by executive agencies.

Requires the Executive Director to order release of any assassination material or particular information in the absence of clear and convincing evidence that it falls within the exemptions from disclosure.

Requires the Executive Director, after review of each record, either to: (1) notify the originating body or bodies that the record is assassination material that is appropriate for release in its entirety; or (2) refer the record to the Review Board. Provides that in the former event, the Executive Director shall transmit the record to the Archivist of the United States who shall make the record available for public inspection, unless an originating body files an appeal with the Review Board.

Requires the Review Board to review and apply the standards for release set forth in this Act to all records that are the subject of appeals and referred to the Review Board by the Executive Director.

Provides that: (1) after review of each record, the Review Board shall determine whether such record is assassination material, and, if so, whether such assassination material, or particular information in the assassination material, qualifies for postponement of disclosure; (2) any reasonably segregable particular information in an assassination material shall be considered for release after deletion of information in that assassination material that qualifies for postponement of disclosure; (3) where an entire assassination material qualifies for postponement of disclosure, the Board may create and prepare for release a summary of the assassination material in order to provide for the fullest disclosure feasible; and (4) where the Board determines that a record is not assassination material, or that a record, or particular information in the record, qualifies for postponement of disclosure, the Board shall transmit to the originating body written notice of such determination, together with a copy of the record at issue, and, if the originating body is an executive agency, a copy of such notice and record shall be transmitted to appropriate congressional committees.

Provides that in the case of records for which the Warren Commission or specified congressional committees are originating bodies, where the Review Board determines that a record is assassination material, and that a record, particular information in a record, a summary of a record, or a substitution for particular information in a record is appropriate for release pursuant to this Act, the Review Board shall transmit the record, particular information, summary, or substitution to the Archivist in order for it to be made public. States that the Review Board's decision to release shall not be subject to review by the President or any other entity of the Government and shall not be subject to judicial review.

Provides that in the case of records for which the originating body is an executive agency, excluding the Warren Commission, where the Review Board determines that a record, particular information in a record, a summary of a record, or a substitution for particular information in a record is appropriate for release pursuant to this Act, the Review Board shall transmit to the originating body written notice of its determination. Provides that in such event, the Review Board shall transmit the record, particular information, summary, or substitute to the Archivist in order for such material to be made public, unless the President has certified to the Review Board and the Archivist that the material qualifies for postponement of disclosure, in which case release of the material shall be postponed, and this decision shall not be subject to judicial review. Prohibits the President from delegating this authority to any other official or entity. Provides that whenever the President makes such a certification, the President shall submit to the appropriate congressional committees a written statement setting forth the reasons for superseding the Board's determination and a copy of the material at issue.

Requires the Review Board to periodically make available for public inspection a notice of all postponements of assassination materials.

Provides that in any case in which a determination of the Review Board to release assassination material is superseded by the President, the President shall publish in the Federal Register notice of such action.

Sets forth special rules for the marking and review of materials the disclosure of which is postponed.

Authorizes the Review Board to request the Department of Justice to petition any court to release any information relevant to the assassination of President Kennedy that has been sealed.

Authorizes the Review Board to request the Attorney General to petition any U.S. court to release any such information that is held under injunction of secrecy of a grand jury.

Requires the Review Board to seek access to the autopsy photographs and x-rays donated to the National Archives by the Kennedy family and submit to appropriate congressional committees a report on the status of these materials and on access to these materials by individuals consistent with the deed of gift.

Expresses the sense of the Congress that: (1) the Attorney General should assist the Review Board in good faith to unseal any records that the 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 any other foreign government that may hold relevant information and seek the disclosure of all 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 Kennedy assassination consistent with the public interest.

Authorizes appropriations.