Francesco/who-killed-jfk huggingface dataset:
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SUBJECT: DCI Sources and Methods Authority w/Respectto JFK Assassination RecordsOGC-94-52916DCI/OGC/RJEatinger:76105 (19 Sept 94)Original - Addressee w/attach) (hand delivered)1 - OGC Registry (w/attack.)1 - Lit File1 - RBB (OGC/ILD)1 - C/HRG (J.Pereira-404 Ames)1 - RJE - Soft File (w/attach)1 - RJE - Signer1 - PDP1 - KK -fyi1 - PAS-fyi
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CIA SPECIAL COLLECTIONSRELEASE IN FULL2000DRAFTCHAPTER XIV – ASSASSINATION RECORDS REVIEW BOARDPart 1400 – GUIDANCE FOR INTERPRETATION AND IMPLEMENTATIONOF THE PRESIDENT JOHN F. KENNEDY ASSASSINATION RECORDSCOLLECTION ACT OF 1992" (ARCA)Sec.1400.1 Scope of assassination record.1400.2 Scope of additional records and information.1400.3 Sources of assassination records and additional records andinformation.17
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# DRAFT1400.4 Types of materials included in scope of assassination record and additional records and information.1400.5 Requirement that assassination records be released in their entirety.1400.6 Originals and copies.1400.7 Additional guidance.1400.8 Implementing the ARCA - Notice of Assassination Record Designation.Authority: 44 U.S.C. 2107 note.§ 1400.1 Scope of assassination record,(a) An assassination record includes, but is not limited to, all records, public and private, regardless of how labeled or identified, that document, describe, report on, analyze, or interpret activities, persons, or events reasonably related to the assassination of President John F. Kennedy and investigations of or inquiries into the assassination.(b) An assassination record further includes, without limitation:(1) All records as defined in Sec. 3(2) of the ARCA;(2) All records collected by or segregated by all federal, state, and local government agencies in conjunction with any investigation or analysis of or inquiry into the assassination of President Kennedy (for example, any intra- agency investigation or analysis of or inquiry into the assassination; any inter- agency communication regarding the assassination; any request by the House Select Committee on Assassinations to collect documents and other materials; or18
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# DRAFTany inter- or intra-agency collection or segregation of documents and other materials);(3) Other records or groups of records listed in the Notice of Assassination Record Designation, as described in §1400.8 of this chapter.§1400.2 Scope of additional records and information.The term additional records and information includes:(a) All documents used by government offices and agencies during their declassification review of assassination records as well as all other documents, indices, and other material (including but not limited to those that disclose cryptonyms, code names, or other identifiers that appear in assassination records) that the Assassination Records Review Board has a reasonable basis to believe may constitute an assassination record or would assist in the identification, evaluation or interpretation of an assassination record. The Assassination Records Review Board will identify in writing those records and other materials it intends to seek under this section.(b) All training manuals, instructional materials, arid guidelines created or used by the agencies in furtherance of their review of assassination records.(c) All records, lists, and documents describing the procedure by which the agencies identified or selected assassination records for review.(d) Organizational charts of government agencies.(e) Records necessary and sufficient to describe the agency's:
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(1) Records policies and schedules;(2) Filing systems and organization;(3) Storage facilities and locations;DRAFT(4) Indexing symbols, marks, codes, instructions, guidelines, methods and procedures;(5) Search methods and procedures used in the performance of the agencies' duties under the ARCA; and(6) Reclassification to a higher level, transfer, destruction, or other information (e.g., theft) regarding the status of assassination records.(f) Any other record that does not fall within the scope of assassination record as described in §1400.1, but which has the potential to enhance, enrich, and broaden the historical record of the assassination.§1400.3 Sources of assassination records and additional records and information.Assassination records and additional records and information may be located at, or under the control of, without limitation:(a) Agencies, offices, and entities of the executive, legislative, and judicial branches of the federal government;(b) Agencies, offices, and entities of the executive, legislative, and judicial branches of state and local governments;
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# DRAFT(c) Record repositories and archives of federal, state, and local governments, including presidential libraries;(d) Record repositories and archives of universities, libraries, historical societies, and other similar organizations;(e) Individuals who possess such records by virtue of service with a government agency, office, or entity;(f) Persons, including individuals and corporations, who have obtained such records from sources identified in subparagraphs (a) through (e) of this section;(g) Persons, including individuals or corporations, who have themselves created or have obtained such records from sources other than those identified in subparagraphs (a) through (e) of this section;(h) Federal, state, and local courts where such records are being held under seal; or(i) Foreign governments.§1400.4 Types of materials included in scope of assassination record and additional records and information.The term record in assassination record and additional records and information includes, for purposes of interpreting and implementing the ARCA:(a) papers, maps, and other documentary material;(b) photographs;(c) motion pictures;
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DRAFT(d) sound and video recordings;(e) machine readable information in any form; and(f) artifacts.§1400.5 Requirement that assassination records be released in their entirety.An assassination record shall be disclosed in its entirety except for portions specifically postponed pursuant to the grounds for postponement of public disclosure of records established in Sec. 6 of the ARCA, and no portion of any assassination record shall be withheld from public disclosure solely on grounds of non-relevance unless, in the Assassination Records Review Board's sole discretion, release of part of a record is sufficient to comply with the intent and purposes of the ARCA.§1400.6 Originals and copies.(a) For purposes of determining whether originals or copies of assassination records will be made part of the President John F. Kennedy Assassination Records Collection (the JFK Assassination Records Collection) established under the ARCA, the following shall apply:(1) In the case of papers, maps, and other documentary materials, the Assassination Records Review Board may determine that record copies of Government records, either the signed original, original production or a reproduction that has been treated as the official record maintained to chronicle22
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# DRAFTgovernment functions or activities, may be placed in the JFK Assassination Records Collection;(2) In the case of other papers, maps, and other documentary material, the Assassination Records Review Board may determine that a true and accurate copy in lieu of the original may be placed in the JFK Assassination Records Collection;(3) In the case of photographs, the original negative, whenever available (otherwise, the earliest generation print that is a true and accurate copy) may be placed in the JFK Assassination Records Collection;(4) In the case of motion pictures, the camera original, whenever available (otherwise, the earliest generation print that is a true and accurate copy), may be placed in the JFK Assassination Records Collection;(5) In the case of sound and video recordings, the original recording, whenever available (otherwise, the earliest generation copy that is a true and accurate copy), may be placed in the JFK Assassination Records Collection;(6) In the case of machine-readable information, a true and accurate copy of the original (duplicating all information contained in the original and in a format that permits retrieval of the information) may be placed in the JFK Assassination Records Collection; and(7) In the case of artifacts, the original objects themselves may be placed in the JFK Assassination Records Collection.23
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DRAFT(b) To the extent records from foreign governments are included in the JFK Assassination Records Collection, copies of the original records shall be sufficient for inclusion in the collection.(c) In cases where a copy, as defined in paragraph (a) of this section above, is authorized by the Assassination Records Review Board to be included in the JFK Assassination Records Collection, the Assassination Records Review Board may, at its discretion if it determines it to be necessary to ensure the integrity of the JFK Assassination Records Collection, require a certified copy. In cases where an original, as defined in paragraph (a) of this section, is required for inclusion in the JFK Assassination Records Collection the Assassination Records Review Board may, at its discretion, accept the best available copy. In such cases that records included in the collection, whether originals or copies, contain illegible portions, such records shall have attached thereto a certified transcription of the illegible language to the extent practicable.(d) For purposes of implementing the ARCA, the term *copy* means a true and accurate photocopy duplication by a means appropriate to the medium of the original record that preserves and displays the integrity of the record and the information contained in it.(e) Nothing in this section shall be interpreted to suggest that additional copies of any assassination records contained in the JFK Assassination Records Collection are not also assassination records that, at the Assassination Records24
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# DRAFTReview Board's discretion, may also be placed in the JFK Assassination Records Collection.(f) Nothing in this section shall be interpreted to prevent or preclude copies of any assassination records, and particularly assassination records in audiovisual or machine readable formats, from being made from time to time in the professional judgment of and at the discretion of the National Archives and Records Administration for purposes of preservation or reformatting to conform to different hardware and/or software requirements.§1400.7 Additional guidance.(a) A government agency, office, or entity includes, for purposes of interpreting and implementing the ARCA, all current, past, and former departments, agencies, offices, divisions, foreign offices, bureaus, and deliberative bodies of any federal, state, or local government and includes all inter- or intra-agency working groups, committees, and meetings that possess or created records relating to the assassination of President John F. Kennedy.(b) The inclusion of artifacts in the scope of the term assassination record is understood to apply solely for purposes of establishing the JFK Assassination Records Collection and for fully implementing the terms of the ARCA and has no direct or indirect bearing on the interpretation or implementation of any other statute or regulation.In the case of artifacts deemed to be assassination records and included in25
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DRAFTthe JFK Assassination Records Collection, the provision to the public ofphotographs, drawings, or similar materials depicting the artifacts shall besufficient to comply with the ARCA's requirement that copies of assassinationrecords be provided to the public upon request. Additional display of orexamination by the public of artifacts in the JFK Assassination Records Collectionshall occur under the terms and conditions established by the National Archivesand Records Administration to ensure their preservation and protection forposterity.(d) The terms and, or, any, all, and the plural and singular forms of nounsshall be understood in their broadest and most inclusive sense and shall not beunderstood to be terms of limitation.(e) Unless the Assassination Records Review Board in its sole discretiondirects otherwise, records that are identified with respect to a particular personshall include all records relating to that person that use or reflect their true nameor any other name, pseudonym, codeword, symbol, number, cryptonym or aliasused to identify that person.(f) Unless the Assassination Records Review Board in its sole discretiondirects otherwise, records that are identified by the Assassination RecordsReview Board with respect to a particular operation or program shall include allrecords pertaining to that program by any other name, pseudonym, codeword,symbol, number or cryptonym.
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# DRAFT§1400.8 Implementing the ARCA -- Notice of Assassination Record Designation.(a) A Notice of Assassination Record Designation shall be the mechanism for the Assassination Records Review Board to announce publicly its determination that a record or group of records meets the definition of assassination records.(b) Notice of all designations will be published in the Federal Register within 30 days of the decision to designate such records as assassination records.In determining that a record or group of records meets the definition of assassination records, the Assassination Records Review Board must determine that the record or group of records will more likely than not enhance, enrich, and broaden the historical record of the assassination.
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Calendar No. 552102D CONGRESS2d SessionSENATEREPORT102-328THE PRESIDENT JOHN F. KENNEDY ASSASSINATIONRECORDS COLLECTION ACT OF 1992REPORTOF THECOMMITTEE ON GOVERNMENTAL AFFAIRSUNITED STATES SENATETO ACCOMPANYS. 3006TO PROVIDE FOR THE EXPEDITIOUS DISCLOSURE OF RECORDSRELEVANT TO THE ASSASSINATION OF PRESIDENT JOHN F.KENNEDY![Seal of the United States]JULY 22 (legislative day, JULY 20), 1992--Ordered to be printedU.S. GOVERNMENT PRINTING OFFICEWASHINGTON : 1992★ 59-010S.Rept. 102-328 0 - 92 - 1
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21tion, it is important to emphasize and clarify the legislative intentand importance of particular provisions of the Act.## Defining assassination records"Assassination records" are defined in Section 3. The definitionof "assassination records" is a threshold consideration for the suc-cessful implementation of the Act. Its scope will be the barometerof public confidence in the release of assassination records. Whilethe records of past presidential commissions and congressionalcommittees established to investigate the assassination of PresidentKennedy are included as assassination records under this Act, it isintended and emphasized that the search and disclosure of recordsunder this Act must go beyond those records. While such recordsare valuable, they reflect the views, theories, political constraints,and prejudices of past inquiries. Proper implementation of this Actand providing the American public with the opportunity to judgethe surrounding history of the assassination for themselves, re-quires including not only, but going beyond, the records of theWarren and Rockefeller Commissions, and the Church and HouseSelect Assassination Committees.The term "assassination record" was not more specifically de-fined by the Committee because to do so before more is knownabout the universe of records would have been premature, andwould have further injected the government between the recordsand the American public. There is a sufficient volume of known as-sassination records to organize and review at the outset. However,it is intended that the Review Board issue guidance to assist in ar-ticulating the scope or universe of assassination records as govern-ment offices and the Review Board undertakes their responsibil-ities. Such guidance will be valuable notwithstanding the fact thatgovernment offices will begin to organize and review their records.before the Review Board is established. Government offices are re-quired to begin the review and disclosure of records upon enact-ment to expedite public access to the many records which do notrequire additional review or postponement. However, the ultimatework of the Review Board will involve not only the review ofrecords recommended for postponement, but requiring governmentoffices to provide additional information and records, where appro-priate. Guidance, especially that developed in consultation with thepublic, scholars, and affected government offices, will prove valua-ble to ensure the fullest possible disclosure and create public confi-dence in a working definition that was developed in an independ-ent and open manner.## Autopsy RecordsThe Act specifically excludes from the definition of "assassi-nation records" the autopsy records and copies or reproductionsmade from such records donated by the Kennedy family pursuantto a deed of gift executed on October 29, 1966. These records in-clude the autopsy photographs and X-rays of President Kennedy.The Committee believes that this exclusion is a sound policy. TheCommittee believes that there is a compelling justification for pro-tecting the privacy of the Kennedy family from the unwarranted
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ADMINISTRATIVE - INTERNAL USE ONLYCSI-0316/9516 February 1995NOTE FOR: D/IM/ADDA/ISDCI/IRODA/IRODI/IRODO/IRODS&T/IROOGC (Bob Eatinger)DD/OCAC/IP&CRDC/RDP/MSG/OITFROM: John PereiraHistorical Review GroupSUBJECT: JFK Assassination RecordsProposed Regulations1.  Attached for your review and comment is a copy of proposed regulations prepared by the JFK Assassination Records Review Board. The regulations focus on the definition of "assassination record", which is very broad. The possibility of requiring additional records searches is raised.2.  The Board plans to discuss the regulations at its next meeting on 6-7 March, so it would be helpful to give the Board our input in advance of that meeting. Please provide Barry Harrelson (x30292) or me (x30373) with your comments by 1 March.![signature of John F. Pereira]John F. PereiraAttachmentADMINISTRATIVE - INTERNAL USE ONLY
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facsimileTRANSMITTALto: John Pereira, CIA Historical Review Programfax #: (703) 243-8343re: ARRB proposed interpretive regulationsdate: February 9, 1995pages: 4, including cover sheet.Dear John:Following this cover sheet is a courtesy copy of the Assassination Records Review Board's proposed interpretive regulations, published yesterday in the Federal Register. The proposed regulations include guidance on interpretation of the scope of certain provisions of the Assassination Records Collection Act, including the terms "assassination record" and "additional records and information." The Board is soliciting comment from all interested parties and would welcome any comments that the CIA may have. (The comment period is 30 days; the deadline is March 10.)If you have any questions or need any additional information, please don't hesitate to give me a call on my direct line or at our main number, 724-0088.Sincerely,![Signature of Sheryl L. Walter]Sheryl L. WalterGeneral CounselFrom the desk ofSheryl L. WalterGeneral CounselAssassination Records Review Board600 E Street. NW, Second FloorWashington, D.C. 20530(202) 724-0815Fax (202) 724-0457
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27 February 1995To: C/HRGSubj: Review Board's Proposed Regulations1400.2(e) (3), Storage facilities and locations, presents a possible conflict with our continuing protection of WTC.1400.5, Requirement that assassination records be released in their entirety...and no portion withheld solely on grounds of non-relevance. For that portion of the documents we have declared non-relevant that is operational and is clearly non-relevant we should argue strongly with the Board. The Director's statutory responsibility for the protection of sources and methods must be defended; and we can be sure that it was not anticipated that a KGB officer in Mexico City would be transferred to another country and go on generating much operational information. Furthermore, we saw it as the Board's responsibility to review the records we identified as non-relevant and to support publicly those of our decisions that they felt were justified!1400.6, Originals and copies, could cause problems if the Board gets fussy about it. Originals of memos sent outside the agency would be gone (to the addressee). Originals of cables and despatches are virtually non-existant.1400.8(c), "...the Board must determine that the record or group of records will more likely than not enhance, enrich, and broaden the historical record.." Like some of this stuff might be non-relevant?Frank
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New NoteNOTE FOR: Edward P. Motten@ DCIFROM: John N. GreerDATE: 02/27/95 06:02:46 PMSUBJECT: JFK RecordsThis is in response to your request that I review ASAP the proposed regulations by the JFKAssassination Records Review Board.I see Sheryl Walters hand very much in evidence here I see from the attachment that she is the Board'sGC.Like you, I am very concerned about the breadth of the reg's definitions. The key to keep in mind is thestatutory authority for the Board. I would argue that the definition of "assassination record" in the statute(44 U.S.C. section 2107 note, section 3(2) of the Act) is more limited than the reg. The statute defines anassassination record as one "related" to the assassination of JFK. Thus, when section 1400.2 (d) and (eiof the reg authorize Board access to organizational charts of governmental agencies and recordsnecessary and sufficient to describe the agency's records policies and schedules, filing systems andorganization, and storage facilities and locations, I would argue that such information is way too far afield.There is no way we can allow the Board to have access to this information, which in any event isprohibited by section 403g from disclosure notwithstanding any other law.The same issue arises with respect to section 1400.7(d) of the reg that proposes to include in-thedefinition of record any records for a person by another name or personal identifier. This would appear toauthorize Board access to all information about an agent who may have only been tangentially involved inthe assassination but whose crypt is given in many other unrelated documents about unrelatedoperations. Talk about your camel's nose under the tent!Finally, section 1400.5 of the reg raises an old dog of an issue. The National Security Archive (Sharyl'sold employor! has been fighting for a long time in FOIA litigation that the ΓΟΙA refers to records and thattherefore all information in a responsive record must be released unless otherwise exempt. There is noFOIA exemption, they argue, for non-responsive material in a record. This is a big problem for multi-topicdocuments, such as the NID. We, of course, argue that agencies are only required to process that whichis asked for and delete non-responsive material as unrequested. The proposed reg would mean that theBoard would have access to all Information in a document about several unrelated operations or events ifthat document even mentioned the assassination or anything related to it. Again, the camels noseCC: Thomas J. Benjamin@ DCI