What This Bill Does
This bill requires certain federal government leaders to release all records and information about President John F. Kennedy's assassination to the public. The records must be shared in a form that is not classified (secret) and not redacted (with information removed). It also requires the Attorney General to ask courts to release any assassination records that are currently sealed or under court orders.
Who It Affects
The following federal officials must release the records:
- The Archivist of the United States (the person who runs the National Archives, which stores government documents)
- The Commissioner of Internal Revenue (the leader of the IRS, which handles taxes)
- The Director of the Central Intelligence Agency (the CIA)
- The Director of the Federal Bureau of Investigation (the FBI)
- The Secretary of Defense
- The Secretary of State
WHO IT AFFECTS (continued):
The Attorney General (the head of the Department of Justice) must ask courts to unseal the records. The public will receive access to these records.
Key Provisions
- Covered federal officials must publicly release all assassination records and related information about President Kennedy's assassination in unclassified and unredacted form within 30 days of the bill becoming law (Sec. 2(a)(1))
- The Attorney General must petition courts in the United States and foreign countries within 30 days to publicly disclose any assassination records held under court seal or under grand jury secrecy orders (Sec. 2(b)(1))
- Federal officials must release these records even if other laws or previous presidential directives would normally keep them secret (Sec. 2(a)(2) and Sec. 2(b)(2))
- A request for disclosure counts as showing "particularized need" under federal criminal procedure rules, which removes a barrier to unsealing records (Sec. 2(b)(1)(B))
What Changes
If this bill becomes law, assassination records currently kept secret by the federal government must be made public within 30 days. Court-sealed records related to Kennedy's assassination must also be petitioned for release. Laws and presidential orders that currently protect these records from public view would no longer apply to these disclosures.
Important Definitions
The bill uses the term "assassination record" but does not define it directly. Instead, it references the definition from the President John F. Kennedy Assassination Records Collection Act of 1992 (Sec. 2(c)(1)).
Effective Date
30 days after the bill becomes law (Sec. 2(a)(1) and Sec. 2(b)(1))
I
118TH CONGRESS
1ST SESSION
H. R. 637
To direct the heads of certain departments and agencies of the Federal
Government to publicly disclose all assassination records and information
relevant to the assassination of President John F. Kennedy, and for
other purposes.
IN THE HOUSE OF REPRESENTATIVES
JANUARY 30, 2023
Mr. SCHWEIKERT introduced the following bill; which was referred to the
Committee on Oversight and Accountability, and in addition to the Com-
mittees on the Judiciary, Ways and Means, Foreign Affairs, Armed Serv-
ices, and Intelligence (Permanent Select), for a period to be subsequently
determined by the Speaker, in each case for consideration of such provi-
sions as fall within the jurisdiction of the committee concerned
A BILL
To direct the heads of certain departments and agencies
of the Federal Government to publicly disclose all assas-
sination records and information relevant to the assas-
sination of President John F. Kennedy, and for other
purposes.
Be it enacted by the Senate and House of Representa-
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tives of the United States of America in Congress assembled,
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SECTION 1. SHORT TITLE.
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This Act may be cited as the ‘‘Justice for Kennedy
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Act of 2023’’ or the ‘‘JFK Act of 2023’’.
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•HR 637 IH
SEC. 2. PUBLIC DISCLOSURE OF ASSASSINATION RECORDS
1
AND INFORMATION RELATED TO ASSASSINA-
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TION OF PRESIDENT JOHN F. KENNEDY.
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(a)
PUBLIC
DISCLOSURE
OF
ASSASSINATION
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RECORDS.—
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(1) DISCLOSURE.—Not later than 30 days after
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the date of the enactment of this Act, each covered
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Federal official shall publicly disclose in unclassified
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and unredacted form any assassination record and
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information relevant to the assassination of Presi-
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dent John F. Kennedy in the control or possession
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of such covered Federal official.
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(2) RELATION TO OTHER LAW.—Each covered
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Federal official shall carry out paragraph (1) not-
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withstanding the following:
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(A) The Presidential Memorandum of De-
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cember 15, 2022, titled ‘‘Memorandum on Cer-
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tifications Regarding Disclosure of Information
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in Certain Records Related to the Assassination
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of President John F. Kennedy’’.
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(B) Section 5(g)(2)(D) of the President
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John F. Kennedy Assassination Records Collec-
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tion Act of 1992 (44 U.S.C. 2107 note).
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(C) Section 6 of the President John F.
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Kennedy Assassination Records Collection Act
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of 1992 (44 U.S.C. 2107 note).
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•HR 637 IH
(D) Section 6103(l)(17) of title 26, United
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States Code.
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(E) Any other provision of law that con-
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flicts with the requirements under paragraph
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(1).
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(b) ASSASSINATION
RECORDS
UNDER
SEAL
OF
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COURT.—
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(1) PETITIONS FOR PUBLIC DISCLOSURE.—
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(A) IN GENERAL.—Not later than 30 days
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after the date of the enactment of this Act, the
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Attorney General shall petition any court in the
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United States or in a foreign country to pub-
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licly disclose in unclassified and unredacted
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form any assassination record and information
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relevant to the assassination of President John
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F. Kennedy that is held under seal of the court
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or held under the injunction of secrecy of a
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grand jury.
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(B) PARTICULARIZED
NEED
REQUIRE-
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MENT.—A request for disclosure of assassina-
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tion records pursuant to a petition under sub-
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paragraph (A) shall be deemed to constitute a
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showing of particularized need under Rule 6 of
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the Federal Rules of Criminal Procedure.
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•HR 637 IH
(2) RELATION TO OTHER LAW.—The Attorney
1
General shall carry out paragraph (1) notwith-
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standing—
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(A) the provisions of law described in sub-
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paragraphs (A) through (C) of paragraph (2) of
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subsection (a); and
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(B) any other provision of law that con-
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flicts with the requirement under paragraph
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(1).
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(c) DEFINITIONS.—In this section:
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(1) The term ‘‘assassination record’’ has the
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meaning given such term in section 3 of the Presi-
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dent John F. Kennedy Assassination Records Collec-
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tion Act of 1992 (44 U.S.C. 2107 note).
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(2) The term ‘‘covered Federal official’’ means
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the following:
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(A) The Archivist of the United States.
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(B) The Commissioner of Internal Rev-
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enue.
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(C) The Director of the Central Intel-
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ligence Agency.
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(D) The Director of the Federal Bureau of
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Investigation.
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(E) The Secretary of Defense.
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•HR 637 IH
(F) The Secretary of State.
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Æ
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