[104-10333-10011.pdf — page 60]
# Federal Register / Vol. 60, No. 124 / Wednesday. June 28, 1995 / Rules and Regulations 33347lod to the assascination of President KounodyResponse A number of cominentators put forward criticisins along these lines. Some of these commentators suggested that some form of a "reasonably related" standard be substituted for the "may have led to" language, while others suggested alternative formulations (eg. "that may shed light on the assassination"). In adopting and eventually applying a "reasonably related" standard, the Review Board does not seek to endorse or reject any particular theory of the assassination of President Kennedy, although such theories may inform the Review Board's search for records reasonably related to the assassination and investigations into it. The Review Board believes that $1400.1(a), as now worded, advances that effort and will promote a consistent broad interpretatiori and implementation of the JFK Act.Conument: The proposed language of § 1400.1(a) is tuo broad and open ended. A more specific nexus to tho assassination of Prusidont Kennedy should be required.Response. As its text and legislative history make clear, the JFK AcI contemplates that the Review Board extend its search for relevant records beyond what has been compiled or reviewed by previous investigations It is inevitable, therefore, that the Review Board must exercise judgment in determining whether such records constitute "assassination records." The Review Board regarde its "reasonably related" standard as sutticient to ensure that agencies are not overburdened with identifying and reviewing records that, if added to the JFK Assassination kecords Collection, would not advance the purposes of the JFK ActComment Section 1400 1 should specifically include as assassination rocurds any records pertaining to particularly identified individuals, organizations, events, etc.Response: The Review Board doterinined that, in almost every case. the types of records commentators sought to add were already adequately covered by $ 1400.1 as proposed. Accordingly, the Review Board dechned to include records or record groups al the level of specificity urged by these commentators because doing so right limit the scope of the interpretive regulations as applied mitially by other agencies, or otherwise might prove duplicative or confusing However, the Keview Board welcomes and encourages suggestions from the public as to specific records or record groups that may constitute assassination records. and intends to pursue such leads,including those provided in the written comments to the proposed interpretive regulationsComment: Section 1400 2(a) is vague and overly broad in describing the scope of additional records and informationResponse The Review Board las added language to clarify that the purpose of requesting additional records and information under § 1400.2(a) is to identify, evaluatu, or interpret assassination records, including assassination records that may not initially have been identified as such by an agency The Review Board also has addod language to indicate that it intends to implement this section through written requests signed by its Executive Director. The Review Board conteinplates that, with regard to such requests, its staff will work closely with entities to which such requests are addressed to implement the JFK ACI uffectively and efficiently.Cominent. The scope of additional records and information should specifically include records and intorination that:-describe agencies' methods of searching for records:-doscribe reclassification, transfer. destruction, or uther disposition of records; or-do not constitute assassination records, but have the potential to enhance, enrich, and broaden the historical record of the assassination.Response. To the extent that the inclusion of records and information of the types described would assist the Review Board in meeting its responsibilities under the JFK Act, the Review Board has adopted the suggested languageComment. The scope of "assassination records" under § 1400 1 and "additional records and information" under § 1400.2 should not extend to state and local government or to private records that are not in the possession of the Federal government.Response The Review Board considered such comments carefully. but concluded that the terms of the JFK Act preclude the narrower reading of the Review Board's responsibilities urged by such comments. Section 1400.6 allows the Review Board, in its discretion, to accept copies in lieu of originals The Review Board believes that this flexibility addresses the concerns of some commentators about the removal of original turords already housed, for example, in state or local archivesComment: Section 1400.3 should include as sources of assassination records and additional records andinformation individuals and Corporations that possess such material even if not obtained from 60urcos identified in paragraphs (a) through (0) thereof, and should specifically include Individuals and corporations that contracted to provide goods or services to the government.Response: The Review Board has added paragraph (1) to this section in response to theco comments. The Review Board has concluded that, in view of paragraph (1), specifically identifying government contractors or other private persons would be unnecessary and redundant.Comment. NARA contended that. § 1400.4 should not include artifacts among the types of materials included in the term "record." Treating artifacts as "records" would be contrary to NARA's accustomed practice and the usage of the terin "tocords" in other areas of Federal records law and would result in substantial practical difficulties.Response: The Review Board has carefully considered NARA's objections to the inclusion of artifacts as "records." but decided that this inclusion is necessary to achieve the purposes of the JFK Act. The Review Board notes that artifacts that bocamo exhibits to the proceedings of the Warren Coinnussion have long been in the custody of NAKA. and decided that these artifacts should remain in the JFK Assassination Records Collection. The Review Board further hulioves that the unique issues of public trust and credibility of government prucesses that prompted enactment of the JFK Act require that artifacts be uncluded within the JFK Assassination Records Collection. The strong support that commenting meinbers of the public gave to this position reinforces this conclusion. The Review Board included in its proposed regulations, and retained 1400.7 פחו)b)-(c) of the final interpretive regulations, language intended to address NARA's concerns about potential copying requirements and preservation issues unique to artifacts.Comment: Section 1400.5 should be modified to allow agencies to withhold from the JFK Assassination Records Collection material that is not related to the assassination of President Kennedy. oven though it appears in a record that contains other material that is related to the ussassination of President Kennedy.Response: It remains the intent of this section to make: clear to agencies that, as a rule, entire records, and not parts thereof, are to become part of the JFK Assassination Records Collection. The purpose of requiring that records be produced in their entirety is to ensure