en (foatosa-oort] a ne, chon ASENCY- INTERNAL USE -ONLY ings PRIVILEGED ATTORNEY WORK PROC UCT a fa) a 3 Mm OGC-94-52916 19 September 1994 MEMORANDUM FOR: David P. Holmes Deputy General Counsel FROM: Robert J. Eatinger. dr. Assistant General Counsel Litigation Division, OGC SUBCECT: DCI Sources and Methods Authority With Respect to JFK Assassination Records 1. Per your request, I have attached a copy of the President John F. Kennedy Assassination Records Collection Act of ‘ 1992 (ARCA), Pub. L. 102-526, 106 Stat. 3443-2458, reprinted at 44 U.S.C. § 2107 note. For ycur convenience, I have highlighted the pertinent provisions that will aid in resconding to an inquiry regarding the statute's effect on the DCI's statutory authority to protect intelligence sources and methceds. 2. The clear language and intent of the law is to supersede yo stazuces that prohibit disclcsure of information, except for some  ~ ; irrelevant subject areas, such as_tax records. The statute ae - provides that *it shall take precedence over any other law oe” (except section 6103 of the Internal Revenue Code), judicial decision construing such law, or common law doctrine that would otherwise prohibit" the disclosure of information subject to the Act. ARCA § ll(a). This language, taken with the provisions discussed below which limit the intelligence sources and methods that may be protected and set a strict procedural scheme by which information is to be reviewed under the ARCA, effectively 7 supersedes the DCI's National Security Act authority with respect to intelligence sources and methods information subject to the ARCA. 3. Section 6 of the ARCA provides the grounds for which the release of information may be "postponed." The statute contemplates that all information will eventually be released. Indeed, it specifies that all information will be made available to the public no later than 25 years after the passage of the ARCA (which occurred in October 1992) unless the president certifies that continued postponement is necessary. ARCA § 4(g)(2)(D). With respect to intelligence-related information, --...  .. ARCA allows postponement if: *. - — *"(1) the threat to ... intelligence operations ... is of such gravity that it outweighs the public interest, and such public disclosure would reveal-- PRIVILEGED ATTORNEY WORK PRODUCT AGENCY-INTERNAL USE ONLY
14-00000 / AGENCY- INTERNAL USE ONLY PRIVILEGED ATTORNEY WORK PROETCS SUBJECT: DCI Sources and Methods Authority With Respect to JFK Assassination Records (A) an intelligence agent whose identity currently requires protection; (B) an intelligence source or method which is currently utilized, or reasonably expected to be utilized, by the United States Government and which has not been officially disclosed, the disclosure of which would interfere with the conduct of intelligence activities; or (C) any other matter currently relating to... intelligence operations ... the disclosure of which would demonstrably impair the national security of the United States.* ARCA § 6(1) (Emphasis added.) 4. The originating agency is tc make the first review to idenztify information that meets the standards for postponement. ARCA § 4(c)(2)(D) (i). For CIA, this effort is being undertaken by the Historical Review Group, in consultation with the Directorate of Operations and other appropriate Agency components. Information the originating agencies identify for postponement must be transmitted to the Review Board. ARCA § 4(c) (2) (E). The Review Board "shall consider and render decisions on a determination by a Government office to seek to postpone the disclosure of assassination recerds." ARCA § 7(i) (1). Specifically, the “Review 3oard shail consider and render decisions on ... whether an assassination record or particular information in a record qualifies for postponement of disclosure under the Act." ARCA § 7(i) (2) (B). 5. If the Review Board determines to order the disclosure of information that the originating agency feit met the criteria for postponement, it “shall notify the head cf the originating body of its determination and publish a copy of the determination in the Federal Register within 14 days after the determination is made." ARCA § 9(c) (4) (A). If the information contained in an assassination record is "obtained or developed solely within the executive branch, the President shall have the sole and nondelegable authority to require the disclosure or postponement of ... the information under the standards set forth in Section 6." ARCA § 9(d)(1) (emphasis added). The President's ~ = + - decision must be certified to_the Review Board within 30 days of the Review Boards determination. Id. Records postponed by the ~ President must be re-reviewed every 5 years. ARCA § 9 (d) (2). 2 PRIVILEGED ATTORNEY WORK PRODUCT AGENCY-INTERNAL USE ONLY
14-00000 AGENCY- INTERNAL USE ONLY FR2VILEGED ATTORNEY WORK PRODUCT SUBJECT: DCI Sources and Methods Authority With Respect to JFK Assassination Records 6. I would be happy to discuss this further if you so desire. You might also want to contact John Pereira (x30373) Since he has met with some or all of the Review Board members. Attachment 3 PRIVILEGED ATTORNEY WORK PRODUCT AGENCY-INTERNAL USE ONLY
14-00000 SUBJECT: DCI Sources and Methods Authority w/Respect to JFK Assassination Records OGC-94-52916 DCI/OGC/RJEatinger:76195 (19 Sept 94)- Original - Addressee «/attach) (hand delivered) - OGC Registry (w/ettace) - Lit File - RBB (OGC/ILD) - C/HRG (J.Pereira-404 Ames) RJE - Soft File (w/attach) - RJE - Signer - PDP - KK -fyi - PAS-fyi a de eo 4
CIA SPECIAL O03 LECTIONS DRAFT | CHAPTER XIV ~ ASSASSINATION RECORDS REVIEW BOARD Part 1400 - GUIDANCE FOR INTERPRETATION AND IMPLEMENTATION OF THE PRESIDENT JOHN F. KENNEDY ASSASSINATION RECORDS COLLECTION ACT OF 1992" (ARCA) 1400.1 Scope of assassination record. 1400.2 Scope of additional records and information. 1400.3 Sources of assassination records and additional records and. information. — 17
~DRAFT 1400.4 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) Anassassination 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 fedéral, 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; or 18
14-00000 DRAFT any 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. (6) 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. (2) _ Records necessary and sufficient to describe the agency's: 19
(1) Records policies and schedules; DR AFT (2) Filing systems and organization; (3) Storage facilities and locations; _ (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; 20
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 witha 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; 21
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 CoHection) 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 beeri treatéd as the official record maintained to chronicle 22
DRAFT government functions or activities, may be placed in the JFK Assassination Records Collection; (2) Inthe 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) Inthe case of motion pictures, the camera original, whenever available (otherwise, the earliest generation print that is a true and accurate copy), may be Placed i 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) Inthe 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) | Inthe case of artifacts, the original objects-themselves may be © ‘placed in the JFK Assassination Records Collection. 23
14-00000 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 24
DRAFT -Review 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 in 25
14-00000 symbol, number or cryptonym.-- - - DRAFT the JFK Assassination Records Collection, the provision to the public of photographs, drawings, or similar materials depicting the artifacts shall be sufficient to comply with the ARCA's requirement that copies of assassination records be provided to the public upon request. Additional display of or examination by the public of artifacts in the JFK Assassination Records Collection shall occur under the terms and conditions established by the National Archives and Records Administration to ensure their preservation and protection for posterity. | (d) The terms and, or, any, all, and the plural and singular forms of nouns shall be understood in their broadest and most inclusive sense and shall not be ‘understood to be terms of limitation. (e) | Unless the Assassination Records Review Board in its sole discretion directs otherwise, records that are identified with respect to a particular person shall include all records relating to that person that use or reflect their true name or any other name, pseudonym, codeword, symbol, number, cryptonym or alias used to identify that person. . (f) | Unless the Assassination Records Review Board in its sole discretion directs otherwise, records that are identified by the Assassination Records Review Board with respect to a particular operation or program shall include all records pertaining to that program by any other name, pseudonym, codeword, - 26
14-00000 §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.
14-00000 A Se >» be re a iv Calendar No. 552 102p Concress 9d Session SENATE THE PRESIDENT JOHN F. KENNEDY ASSASSINATION RECORDS COLLECTION ACT OF 1992 REPORT OF THE COMMITTEE ON GOVERNMENTAL AFFAIRS _ UNITED STATES SENATE TO ACCOMPANY S. 3006 TO PROVIDE FOR THE EXPEDITIOUS DISCLOSURE OF RECORDS RELEVANT TO THE ASSASSINATION OF PRESIDENT JOHN F. KENNEDY JuLy 22 Qegislative day, Juty 20), 1992-—Ordered to be printed ~ - 7° " " yig, GOVERNMENT PRINTING OFFICE 59-010 WASHINGTON : 1992. S.Rept. 102-328 0 - 99 -- 1
14-00000 21 tion, it is important to emphasize and clarify the legislative intent and importance of particular provisions of the Act. Defining assassination records “Assassination records” are defined in Section 3. The definition of “assassination records” is a threshold consideration for the suc- cessful implementation of the Act. Its scope will be the barometer . of public confidence in the release of assassination records. While _ the records of past presidential commissions and congressional committees established to investigate the assassination of President Kennedy are included as assassination records under this Act, it is intended and emphasized that the search and disclosure of records under this Act must go beyond those records. While such records are valuable, they reflect the views, theories, political constraints, and prejudices of past inquiries. Proper implementation of this Act and providing the American public with the opportunity to judge the surrounding history of the assassination for themselves, re- quires including not only, but going beyond, the records of the Warren and Rockefeller Commissions, and the Church and House Select Assassination Committees. The term “assassination record’ was not more specifically de-_ fined by the Committee because to do-so before more is known about the universe of records would have been premature, and would have further injected the government between the records and 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 that government 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 not require additional review or postponement. However, the ultimate work of the Review Board will involve not only the review of records recommended for postponement, but requiring government offices te provide additional information and records, where appro- priate. Guidance, especially that developed in consultation with the public, scholars, and affected government offices, will prove valia- ble to ensure the fullest possible disclosure and create public confi- dence in a working definition that was developed i in an independ- ent and open manner. Autopsy Records The Act specifically excludes from the definition of “assassi- nation records” the autopsy records and copies or reproductions made from such records donated by the Kennedy family pursuant to 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. The Committee believes that there is a compelling justification for pro- tecting the privacy of the Kennedy family from the unwarranted
14-00000 19 the date of enactment unless, in the case of executive branch records, the President demonstrates that public disclosure will result in an identifiable harm to the national security, intelligence operations, or foreign relations of the United States. The Assassination Records Review Board is an independent agency within the executive branch. The five-member Review Board will be appointed by the President with the advice and con- sent of the United States Senate. The confirmation hearings will be conducted by the Committee on Governmental Affairs. The Act re- quires that the Review Board include at least one historian and one attorney, and that each member is a national recognized pro- fessional in his or her field. The legislation requires that prior to making the appointments, the President is required to consider rec- ommendations from the American Historical Association, the Orga- nization of American Historians, the Society of American Archi- vists, and the American Bar Association. : To ensure a comprehensive search and disclosure of assassination records, particularly to enable the public to obtain information and records beyond the scope of previous official inquiries, the Review Board has the authority to direct any government office to produce additional information and records which it believes are related to the assassination. It has the authority to subpoena private persons and to enforce the subpoenas through the courts. The Review Board is authorized for a two-year period and it may be. extended by a majority vote of the Review Board for up to an additional year. Thé Review Board-could decide to extend it exist- ence to less than one year if that is the time determined as neces- sary to complete its work. Annual financial reports and other peri- odic reports are required to be provided to the Congress. The re- ports must include statements of progress, the level of cooperation of government offices and agencies, and the possible need for addi- _ tional time or authority from Congress. IV. BACKGROUND AND NEED FOR LEGISLATION On November 22, 1963, President John F. Kennedy was assassi- nated. It was a tragic and defining moment in American history. The desire by the American public to understand who assassinated President Kennedy, and why, has resulted in several official inves- tigations and a broad spectrum of private inquiries and scholar- . ship. Unfortunately, in the eyes of the public, each investigation and inquiry served to raise additional questions, and did so while increasing the volume of secret government records about the as- sassination. In 1992, the public demand, fostered by increased media attention, the opening of secret files by changing govern- ’ ments around the world, and other factors, culminated in the rec- ognition by the Congress and the Executive Branch that the records related to the assassination of President Kennedy should be fully disclosed. , -In addition to the legislation considered by the Committee, and its counterpart considered by the House Committee on Government Operations, four other related, though more limited, measures: were introduced in the House of Representatives in 1992. Two bills mandating the release of all Kennedy assassination investigation : oe eeoe eo teen
14-00000 7506 .  B) For dependents of active duty members in pay grades of E-5 and - . above, $25; and, (C) For retirees and their dependents,” 25. (vi) The copayment for prescription per prescription, for a madmum 3 ou . is as follows: Lo (A) For Oe eae of active duty memibors in pay grades E~1 through E~ 4,35; : . (G) For dependents of active duty members {n pay grades of E-S and , above, $5; and, (C) For retirees and their dependents, $9. (vii) The copayment for ambulance services is as follows: (A) For dependents of active duty * members fn pay grades of E~1 through - E—4. $10, (3) For dapendents of active duty momibors ia pay grades of E-5 and above, $15; and, (C) For retirees and their dependents, $20. - (es) Inpatient cost sharing ; requirements under the Uniform HMO Denefit—{1) In general. in lieu of usual CILAMPUS cost sharing requirements (see § 199.4(f), spomal cost sharing amounts are required. The specific requirements shall be uniform and shall be published as a notice annually by-the Assistant Sucrutary of Defense (Health Affairs} (2) Structure of cost sharing. For sorvicos other than mental ilinass or substance use treaunent, there is a nominal copayment for activa duty dependents and fer retired members, dependents of retired members, and survivors. Fur inpatient mental health and substance use treatment, a separate per day charge is established. _ (3) Amount of inpatient cost sharing requirements, Beginning in Gscal year ‘1995. tho inpatient cost sharing ulrements are az follows: i) For acute care admissions and other non-mental health/substance use trcatment admissions, the per diem charge is as follows, with a minimum charge of $25 per admission: {Ay For dependents of active dut members in pay grades E-1 through E- 4,314; (B) For dependents of activo duty members in pay grades of E~S and _sbove,$iljand,  . __ - (C) For rotirees and their dependents, Sit. (ii) For mental health/substance use treatment admissions, and for partial hospitalization services, the per diem charge Is as follows, with a minimum charge of $25 per admission: (A) For dependents of activa duty members in pay grades E-1 thraugh E— 4.320; . (B) For dependents of active duty members in pay grades of E-5 and sbove, $20; and, (C) For retirees and their dependents, $40. (f} Updates. The enrollment fees for fiscal year 1995 set under paragraph (c} of this section and the per services specific dollar amounts for fiscal year 1495 set under paragraphs (d) and (e] of this section may be updated for subsequent years to the extent necessary. tu maintaii: compliance with statutory roqufrements pertaining to government costs. This updating does not apply to cost sharing that is expressed as a porcontage of allowable charges; thesa percentages will remain unchanged. (g) Applicability of the Uniforrm HMO Benefit to Uniformed Services Treatment Facilities Managed Care Program. The provisions of this section concerning the Uniform HMO Benefit shall apply to the Uniformed Services Treatment Facilities Managed Care Program, effective October 1, 1995. Under that program, non-CHAMPUS eligible beneficiaries have the same payment responsibilities as CH ANJPUS- eligible beneficiaries. Dated. February 2, 1995. LM. Byoum, Alternate OSD Federal Heguster Lesson Officer, Department of Cefense. [FR Doc. 95-2078 Filed 2-27-95, 8 45 aru] BELLING CODE 6000-04-44 ASSASSINATION RECORDS REVIEW BOARD 46 CFR Part 1400 Guidance on interpreting and implementing the President John F. Kennedy Assassination Records Colfection Act of 1992 AGENCY: Assassination Records Review . Board (ARRB). ACTION: Proposed interpretive regulation. SUMMARY: The ARRB proposes to issue regulations providing guidance on the interpretation of certain terms defined in and the implementation of the President John F. Kennedy : Assassination Records Collection Act of 1992. . DATES: To be considered, comments must be received on or before March 10, 1995. , ADDRESSES: Comments should be mailed to the Assassination Kecards Review Board at uv E Street, NW, Second Moor, Washington, D.C. 20530 or delivered fn person tu that address | “ Federal Register / Vol. 60, No. 26 / Wednesday, February 8, 1995 / Proposed Rules LL ernment between the hours of 9:30 a.m. and 4:30 p.m., Monday through Friday (except legal holidays). Comments may also be faxed to the Board ai (202) 724-0457, Comments received may be inspected in the Board's public reading room, located at the address shown above, between 10 @.m. and 3 p.m. Monday through Friday (except legal holidays). Parsons wishing to inspect comments in the Board's public reading rvom should call the Doard’s office beforehand at (202) 724~ 0088 for further information. FOR FURTHER INFORMATION GONTACT: Sheryl L. Walter (Gencral Counsel), (202) 724-0088. ‘ SUPPLEMENTARY INFORMATION: Background The President John F. Kannedy Assacsination Records Collection Act of 1992, 44 U.S.C. 2107 note (as amended) (ARCA), established the President John F. Kennedy Assassination Records . Collection (the JFK Collection) at the National Archives and Records -. Administration (NARA). ln establishing the process for public disclosure of alf ~ ’ records relating to tha assassination, Congress created an independent agency withio the executve branch, the Assassination Records Review Board (the Board), which consists of five citizens appointed by the President. Unler the statute, the Board is empowered to deade “whether a record constilutes an assassination record.” 44 U.S C. 2107 nota, Sec. (1)(2)(A). Congress further made clear its intent that the Board “issue guidance to assist in articulating the scope or universe of assassination records.” President John F. Kennedy Assassination Records Collection Act of 1992, S.Rep. 102-328, 102d Cong., 2d Sess. (1992) at 21. In constructing the proposed guidance set out here, the Board seeks to " implement congressional {ntent that the JFK Collection contain “the most comprehensive disclosure of records' related to the assassination of Presidont Kennedy.” Id. at 18. The Board is also mindful of Congress's instruction that the Board apply a “broad and encompassing” working definition of “assassination record” in order to achieve the goal of assembling the fullest historical record on this tragic event in American history and on the investigations that were undertaken in: the assassination's aftermath. The Board recognizes that many agencies have elready begun to organize and review records responsive to the ARCA even before the Board was appointed and began {ts work. Nevertheless, the Board's aim is that this guidance will afd in the ultimate assombly and public
- Federal Register / Vol. 60. No. 26 / Wednesday, disclocure of tho fullest possible histancal record on this tragedy and on “subsequent invostigations and inquires into it. The Doard’s pruposed guidance is _ designed to help government agencies and the Board identify and make available to the public all documents that will onhance, enrich, and broaden the historical record of the assassination of Presidont John F. Kennedy. The Duard socks through this puidance to fulfill Congress's “inton(t] and omphasis that the search and disclosure of records under this Act must go beyond” the records of previous commissions and committees established to {nvestugate Prosident Kennedy‘s assassination. fd. at 21. The Baard also seeks to provide notice of the scope of its intended exercise of authority to seek additional information or records in ordor to fulfill its functions and responsibilities under the ARCA. In addition, the Board propases to create a mechanism to facilitate the Board's ongoing work and to further ensure future public access to the broadest possible historical record. This mechanism will be known as the “Catalog of Assassination Records” (COAR). The COAR is intended to be an - official listing of all records determined by the Board to meet the definition of “assassination record” and included in the JFK Collection. Request for Comments The Board secks public comment on its proposed interpretive regulations intended to provide guidance on the interpretation of the term assassination record, the istended scope of its exercise of authority to seek additional information or records, and its ; additional proposals for implementation ofthe ARCA. List of Subjects in 36 CFR Part 1400 Administrative practice and procedure, Archives and records. Accordingly, the Assassination Records Review Board hereby-proposes to establish a new chapter XIV in title 36 of the Code of Federal Regulations to . ruad as follows: February 8, 1995 / Proposed Rules 7507 CHAPTER VA SSASSINATION assassination records as well as all other RECORDS REVIEW BOARD documents, indices; records, and ather | ; matorial that disclose cryptonyms, cude PART 1400—GUIDANCE FOR names, or othor identification material INTERPRETATION AND in assassination records. . IMPLEMENTATION OF THE (b) All training manuals, instructional PRESIDENT JOHN F, KENNEDY materials, and guidelines created or COP Se NATION RECORDS used by the agencies {n furthorance of COLLECTION ACT OF 1992 (ARCA) thelr roview of assassinauion records. Soe. {c) All records, lists, and documents 1400.1 Interpretation of assassination describing the procedure by which the record. agencies identified ar sclocted 1400.2 lnterpreiition af additional records aud icfonnaton. 14003 Sources of assassination records and additional recurds and informstion. 1400.4 Types of materials included in scope of assassination record end additionel fecurds and information. 1400.5 Requirement that assassination tecords be released In their enurely 1400.6 Onginals and capies. 1400.7 Additional guidance 1400 & Implementing the ARCA—Catelog of Assassination Records Authority: 44 U S.C. 2107 note. § 1400.1 interpretation of SSSassination record. (a) An assassination record includes, but is not limited to, all records, public and private, regardless of how labeled or identified, that documont, descnhe, report, analyze, or interprot activities and events that may have'lod to the assassination of President john F. Kennedy; the assassination itself: and investigations of ur inquiries into the assassination. : (b) An assassination record furthor includos, without limitation: (1) All records as defined in Sec. 3(2) ofthe ARCA; {2) All records called by or segregated by all foderal, state, and local - es 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 Solect Committee on Assassinations to collect documents and othor materials; or any inter- or inus- agency collection or segregation of - documents and other materials); - (3) Other records or groups of records listed in the Catalog of Assassination Records, as described in § 1400.8 of this chapter. $ 1400.2 interpretation of additional fecords and Information. The term additional information and records includes: (a) All documents used by government offices and agencies during their declassification review of assassination recorde for review. (d) Organizational charts of government agencies. {e) Records nocessary and sufficient to describe the agency's: (1) Records policies and schedules: (2) Filing systems and organization: d (3) Storage facilitios and locations. § 1400.3 Sources of assassination records and additional records and infomation. Assassination records and additional records and information may be located _. at, or under the contol of, without limitation: ; , se {a} Agencies, offices, and entities-of the executive, legislative, and judicial branches of tho federal government; (b) Agencies, offices, and entities of __ the executive, legislative, and judicial branches of state and local governments; (c}) Record repositories and archives of foderal, 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, offico, or entity; {) Porsons, including individuals and corporations, who have obtained such records from sources identified in paragraphs (a) through (e) of this section: . . (g) Federal, state, and local courts . where such records are being held undor seal;or (b) Foreign governments. § 1400.4 Types of materials Included in Scope of assassination record and addillonal records and information. ~ Tho term record In assassination record and additional records-and - information includos, for Purposes of intorpreting and im plementing the ARCA: (2) Papers, maps, and other documentary matorial: ' (b) Photographs; (c} Mation pictures; (d) Sound and video recordings; (eo) Machine readablo information in any form; and -
14-00000 panel aed 7308 * Federal Kepister / Vol. 60, No. 26 / Wednesday, February 8, 1995 / Propused Rules etches gt nner ssenseasesvaseheeihasiensnieeeeeeee) (A Artifacts. § 1400.6 Requirement that assassination records be released in thelr entiraty. An assussinaliou record shell be disclosed in its entirety except for portions specifically postponed pursuant to the grounds for postponement of public disclosure of records established in section 6 of the ARCA, and no portions of any assassination records shall be withheld from public disclosure solely an grounds of nou-relevance. $1400.46 Originals end coples. (a) For purposes of determining whother originals or copies of assassination records may be made part of the President John F. Kennedy Assassination Records Collection (the JFK Records Collection) to be establishod under the ARCA: (1) Ja the case of papers, maps, and other documentary material,the Assassination Records Review Board (the Board) may determine that a true and accurate copy of the original is sufficient; (2) In the case of photographs. tha term secord means the original negative if available. otherwisa, the earliest generation pnt; (3) inthe case of motion pictures, the tcrm record means the.camera orginal if available, otherwise, the earliest generation print, (4) lo the case of suund and video rocordings, the term record means the original recording. if available, otherwise, the earliest generation copy; (5) In the case of machine-readable information, the Board may determine that a true and accurate copy of the original is sufficient; and (6) Artifacts oeaus the original object itsol f. (b) In cases where a copy, as dofined in paragraph (a) of this sectionis authorized by the Board to be included in the JFK Records Collection the Board may, at its discretion, require a certified copy. In cases where an original, as defined in paragraph (a) of this section, is required for inclusion in the JFK Records Collection the Board may, at its discretian, accept the best available - §1400.7 Additlonal guidance: ~ (a) A government agency, office, or entity includes, for purposes of interpreting and implementing the ARCA, all departments, agencies, . Offices, divisions, foreign offices, bureaus, and deliberative bodies of any federal, state, or focal government and includes all inter or intra-agency working groups, committees, and moctings thal possess or created records relating to the assassination of Prosident John F. Kennady. (b) The inclusion of erufacts in the scope of the term assassination recard is understood to apply solely for purposes of establishing the President John F. Konnedy Assassination Records Collection and for fully implementing - the terms of the ARCA and bas no direct or indirect bearing on the interpretation or implementation of any other statute or regulation. {c) Im the case of artifacts deemed to be assassination records and included in the John F. Kennedy Assassination Records Collection, provision to the public of photographs, drawings, or similar materials depicting Use artifacts shall be sufficient to comply with the ARCA’s requirement that copios of assassination records be provided to the public upon request. Other display to or examination by the public of artifacts in the John F. Kennedy Assassination Records Collection shall occur under terms and conditions established by the National Archives and Records Adrainis¢ration that are adequate to preserve and protect the artifacts for posterity. ; (d) The terms and, ar, any, all, and the plural and singular forms of nouns shall be understood ia their broadcast and most inclusive sense and shall not he understoad t be terms of limitation. Any records idenufied with respect to a particular person also includes any records for that person by any other name, pseudonym, codeword, symbol, number, cryptopyin or alias. Any record described with respect to an operation ~ of program inchides any record pertaining to that program by any other name, pseudonym, codeword, symbol, number or cryptonym. § 1400.8 implementing the ARCA—Cataleg of Agsassination Records. {a) A Catalog of Assassination Records (COAR) shall be created as the official listing of all records determined by the Board to meet the definition of _ assassination record. . _(b) Notice of all decisions to include records in the COAR will be-published in the Federal Register within 30 days of the decision. {c} In Usting records oz groups of records in the COAK, the Bourd must deterinine that the record or group of records will more likely than not enhance, enrich, and broaden the historical! record of the assassination. Dated: Felsuary 3, 1995. David G. Marwell, Executive Director, Assassination Records Review Board. (FR Doc. 94-3112 Filed 2-27-95; 8:45 am} GILLING CODE 6820-TO-W4 ENVIRONMENTAL PROTECTION AGENCY 40 CFR Parts 51 and 93 [FAL—5149-9} Transportation Conformity Rule Amendments: Transition to the Control Strategy Period AGENCY: Environmental Protoction Agency (EPA). ACTION: Proposed rule. SUMMARY: This action proposes to permanently align the timing of certain transportation conformity consequences with the imposition of Clean Air Act ° highway sanctions. For ozone 7 nonattaiument arees with an incomplete _. 15% emissions-roduction state implementation plan with e protective finding; incomplete ozone attainmen/ 3% rate-of-progress plan; or finding of failure to submit an ozone attainment/ 3% rute-of-progress plan, and areas ~ whose control strategy implementation plan for ozone, carbon monoxide, -particulate matter, or nitrogen diuxide is disapproved with a protective finding, the conformity status of the transportation plan and program would not lapse as a result of such failure until highway sanctions for such failure are ’ effective under other Clean Air Act sections. This action would delay the lapse ia conformity status, which would otherwise prevent epproval of now highway end transit projects, and allow States more tims to prevent the lapse by submitting complete ozone implementation plans. A. has published in the final rule section of this Federal Register a similar interim final rule which takes effect immediately and applies for six months. This proposal would apply the . provisions of the interim final rule permanently. OATES: Comments on this action must be " received by March 10, 1995. A public hearing will be held at 10:30 a.m. on February 22, 1995 in Washington, DC. ADDRESSES: Interested parties may submit written comments (in duplicate, if passible) to: Air and Radiation Docket and Infonnation Center, U.S. Environmental Protection Agency, Attention: Docket No..A-95-02, 401 M Strect, SW., Washington, DC 20460.
14-00000 ADMINISTRATIVE - INTERNAL USE ONLY CSI-0316/95 16 February 1995 NOTE FOR: D/IM/ADDA/IS DCI/IRO DA/TIRO DI/IRO DO/IRO DS&T/IRO OGC (Bob Eatinger) DD/OCA C/IP&CRD C/RDP/MSG/OIT FROM: John Pereira Historical Review Group SUBJECT: JFK Assassination Records - Proposed Regulations 1. 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. [Yep 59.2 A “John F. Pereira Attachment ADMINISTRATIVE - INTERNAL USE ONLY
14-00000 oy rs | en Or ty Se Ses rae ee YO AICHE gjoot TRANSMITTAL to: _ John Pereira, CIA Historical Review Program fax #: (703) 243-8343 re: ARRB proposed interpretive regulations date: February 9, 1995 pages: 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, Sher¥tL. Walter General Counsel From the des« of Shery' Water Gereral Counsel __ Assassination Records Rewew Board 600 E Street, NW, Second Floor Washington, D.C. 20530 (202) 724-0815 Fax (202) 724-0457
14-00000 27 February 1995 To: C/HRG Subj: Review Board's Proposed Regulations 1400.2(e) (3), Storage facilities and locations, presents a possible conflict with our continuing protection of 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
14-00000 New Note NOTE FOR: @ DCI FROM: DATE: O2f2719S 06:02:46 PM SUBJECT: JM Records This is in response to your request that { review ASAP the prapused regulations by the JFK Assassination Records Review Board. I see Sheryl! Watters hand very much in evidance hare {see from the attachment that she is the Board's Gc. Lace you, | am very concemed about the breadih of the reg’s definitions The kry to keep in mind is the Statutory authority for the Board. | would argue that the definition of “assazaination record” in the statute (44 U.6.C. section 2107 note. section 3(2) of the Act) is mone fimited-than the-reg. The statuta dafinas an assassination record as one “rolated™ to the assassination of JFK. Thus, when section 1400.2 (d) and (ei of the req authorize Board access 1o organizational chants of governmental agencies and records necessary and Sufficient to describe the agency's records policies and schedules. filing avstems and organization, and storage facilities and locations, | would argue that such information Is way too far afield. There Is no way we can aflow the Board to have access fo thes information, which in any event is prohibaed by section 403g from disclosure notwithstanding any other law The same issue anses with respect fo section 1400.7(d) of the reg that proposes to Include in-tne dafinition of record any records tor a person by another name or personal identher. This would aopear to authorize Board access to all information about an agent who may have only been tanaentalty involved mm the assacemnation but whose crypt is qivan in many other unrelated documents about unrelated operatians. Talk about your camel's nase under the tem! Finally, section 1409.5 of the reg ratses an nid dog of an issue. The National Secunty Archive (Sharyts ofc employorl has been fighting for a lona time in FOIA Itigation that the [OIA refers to records and that therefore all information in a responsive record must be relaased unless othorwice exompt. There ts no FOIA exemption, they arque. for non-responsive matenal in a record. This is a big problem for multi-tope ‘docuinents, such as the NID. We of course, argue that agencies are only.roquired to process that which. ts acked for and delete non-responsive material as unrequested. The proposed reg would mean that the Board would have access to ail Information in a documem about ceveral unrelated opcrateons or cvents if that document even mentioned the assassination or anvihing related fo a. Agaw:. the camels nose cc: le oc!
14-00000 ADMINISTRATIY ERNAL USE ONLY From the Desk of Robert J. Eatinger NOTE FOR: J. Barry Harrelson @ DA CIA SP ECIAL COLLECTIONS FROM: Robert J. Eatinger RELEASE IN FULL DATE: 03/01/95 01:46:44 PM SUBJECT: Comments on proposed JFK reg eet Here is advance copy: OGC-95-50522 1 March 1995 MEMORANDUM FOR: Chief, Historical Review Group FROM: Robert J. Eatinger, Jr. Assistant General Counsel Litigation Division, OGC SUBJECT: Comments on JFK Assassination Records Proposed Regulation 1. The following are my comments on the Assassination ‘Records Review Boards proposed interpretive regulations published in the Federal Register on 8 February 1995. 2. The term assassination record is defined in the President John F. Kennedy Assassination Records Collection Act of 1992, Pub.L. 102-525, 106 Stat. 3443, Oct. 26, 1992, reprinted at 44 U.S.C. § 2107 note (the Act). Any interpretive definition by the Board cannot exceed that in the Act. The Acts definition is found in Section 3(2) and provides: (a) Assassination record means a record that is related to the assassination of President John F. Kennedy, that was created or made available for use by, obtained by, or otherwise came into possession of various Federal, State, or local government bodies. ~ - 3. The proposed regulation is broader than that in the Act. ~ The proposed regulation includes as assassination records: records, public and private, regardless of how labeled or identified, that document, describe, report, analyze, or interpret activities and events that may have led to the rusesrann/are USE ONLY
14-00000 + ADMINISTRATIVE - INTERBAL USE ONLY assassination of President John F. Kennedy; the assassination itself; and investigations of or inquiries into the assassination. § 1400.1(a). This language in overbroad in two respects. First, the phrase events that may have led to is both broader than relates to as in the Act and provides no articulable standard. For instance, the theme in the Oliver Stone movie JFK appears to be that President Kennedy was assassinated as a result of a conspiracy to keep the war in Vietnam from winding down. Under the proposed regulation, the Board might consider all records concerning the war in Vietnam during the Kennedy Administration - as being assassination records. Without a standard, the phrase is permits arbitrary and inconsistent application. Third, it includes information about investigations and inquiries other than those conducted by those entities identified in the Act. Although the Board states that it is following the intent of Congress in seeking the most comprehensive disclosure of records related to the assassination, it appears the Board may be exceeding its authority. 4. The definition further states that assassination record includes, without limitation ... all records as defined in Sec. 3(2) of the ARCA. See § 1400.1(b)(1). Thus, by its terms it exceeds the statutory definition. Further, it is unhelpful because by refusing to limit itself to any articulable class of records it remains unlimited and subject to constant re-interpretation by the Board. ~  .  — | 5. The proposed definition of additional information and records under proposed § 1400.2 is objectionable because the regulation does not provide the intended use of the definition. The Board may be attempting to provide a definition useful in interpreting the Boards authority under §7(j) (1) (C) (ii) of the Act: The Review Board shall have the authority to act in a manner prescribed under this Act including authority to ... direct a Government office to make available to the Review Board, and if necessary investigate the facts surrounding, additional information, records, or testimony from individuals, which the Review Board has reason to believe is required to fulfill its functions and responsibilities under this Act.... oo. (Emphasis added.) If this is the case, the Board should . expressly so state and provide opportunity for informed comment on that application. For instance, proposed § 1400.2(a) includes all documents used by the agency during its declassification review. This definition could include requests for legal advice on particular matters. Such advice would be protected within the particular agency by attorney-client privilege and should not be provided to an extra-agency body. ADMINISTRATIVE - ua USE ONLY é 4
14-00000 * ADMINISTRATIVE - wenyet Use ONLY 6. Please call me with any questions or suggestions. Robert J. Eatinger, Jr. cc: ADMINISTRATIVE - rd USE ONLY
14-00000 . ADMINISTRATIVE - INTERNAL USE ONLY To: [_poci FROM: John F. Pereira DATE: 03/02/95 05:07:45 PM SUBJECT: Re: Proposed Regs by JFK Assassination Records Review Board A number of us have concerns about the bread approach in the proposed regs. Among others, Bob Eatinger has written a memo on the subject. We are preparing a formal response for the Board, which will be sent around for comment in the meantime, | have had an informal discussion with the Board's Executive Director, David Marwell, advising him of our concerns. He has invited us to propose specific textual changes. The Board's deadline is 10 March. Any additional thoughts would he welcome ce: Edmund Cohen @ DA @ OCI, J. Edwin Dietel @ DA @ of si ck OC! ADMINISTRATIVE - INTERNAL USE ONLY
14-00000 _ : ADMINISTRATIVE - INTERNAL USE ONLY From the Desk off si OCA NOTE FOR: Edmund Cohen @ DA ‘ J. Edwin Dietel @ DA John F. Pereira @ DA FROM: DATE: 03/02/95 04:22:48 PM SUBJECT: _ Proposed Regs by JFK Assassination Records Review Board Page and | are very concerned about the overly broad reach of the proposed regulations of the JFK Board. | have prepared specific comments that | will send by separate cover. In essence, we are concerned that the regs reach too far inte Agency records and stray teo far from the definition of an “assassination record" in the law. What input does CIA have into this process and what are the time constraints? It looks like a power grab. it seems to us that Cohen should engage immediately in his role as Chair of the Agency Release Panel. The full ARP might wish to address these issues at it 9 March meeting. Please advise. ce: ol DCI ADMINISTRATIVE - INTERNAL USE ONLY
14-00000 a CONFIDENTIAL NOTE FOR: J. Barry Harrelson @ DA FROM: DATE: 03/02/95 09:25:33 AM SUBJECT: Response to the JFK Proposed Regulation This vehicle seemed to he the hest one available to pass my “bullets” to you. Perhaps you can dump them in a Word file and ammend them with your theughts. \V 1400.1 Interpretation of Assassination Record Xa \ { v L a.) non-limiting descriptor “may have led to the assassination” l- om ° e Y uN makes us vulnerable for capricious search demands 9 Sons RR sheul 1460.2 Interpretation of Additional Records a.) and b.) This relates to Agency classified resources that refer to \' € Le the total Agency mission. - well beyond the “assassination” subject. Ce On wo TOs We Hoos identification of all such resources will require a separate effort \p oor s 3 w AL iw requiring substantial resources, in addition it may be impossible to : , identify all such specific resources as the review effort involved odd \ \ Lane \ m | FE CAC - many people having experience throughout the Agency. These resources are classified and most probably would be ae recommended for “indefinite” postponement. d.} and e.} Information described in these sections has been and is protected by the National Security Act As a time period for this information is not stated it is thus implied to be open ended and that all such information would be made Maioy Corcoran ilable. available d0\ 4 op C loc 1400.5 Requirement That Assassintion Records Be Released In Their —_ re Entirety rf ow, ved & UO AA al ‘s - Nonrelevance issue will most likely result in marked increase in MIKOm NY du CWAQAA \ va postponed records. R duo X Ew a N om 1400.6 Originals and Copies anki Col he C Shier a.} Large portion of CIA's JFK collection is comprised of copies. A Rralee Wwe & Cow, \e Le search for originals will require a massive resource commitment. There are additionally .a substantial number of previously sanitized { “|, - . ; documents in the collections. ‘ le rr cM C ‘ lo Gc Ow —- women om — - —— ~ -- - - ~ a * a . _ Wo = 1400.7 Additional Guidance ae Ve dei vidas | ) ~ my wil \ a ~ d.} Application of this requirement may well jeopardize current ke \ @ —— ee, mh Ce, postponements aimed at protecting Agency personnel and sources SOAr ce yru \e This requirement also implies a new generation of searches to . EN ps woe © ‘ e \a\ “round-cut® or te verify previous searches and retrieved material. ce:
14-00000 ADMINISTRATIVE - INTERNAL USE ONLY 7 March 1995 NOTE FOR: Bob Eatinger, OGC SUBJECT : JFK Proposed Regulations As we discussed, I would appreciate your view as to whether OGC should send a separate paper to the JFK Board on the proposed regulations. The attached is what we in HRG propose to coordinate in the Agency today, 7 March, depending on your view. I'11 hold off circulating the attached draft for comment until I've heard from you. (The Board asks for comments by 10 March.) John Pereira ADMINISTRATIVE - INTERNAL USE ONLY
14-00000 * ADMINISTRATIVE - INTERNAL USE ONLY 9 March 1995" MEMORANDUM FOR: J. Barry Harrelson @ DA FROM: . | SUBJECT: JFK Assassination Records Proposed Regulations REFERENCE: Per your roques{_———_—foncurs with the proposed regulation. ce: ST @ DST ADMINISTRATIVE - INTERNAL USE ONLY
14-00000 < ADMINISTRATIVE - INTERNAL USE ONLY ~ CSI-0319/95 8 March 1995 NOTE FOR: D/IM/ADDA/IS DCI/IRO DA/IRO DI/IRO DO/IRO DS&T/ IRO OGC (Bob Eatinger) DD/OCA C/IP&CRD C/RDP/MSG/OIT FROM: John Pereira Historical Review Group SUBJECT: JFK Assassination Records Proposed Regulations Please review attached draft comments on the proposed regulations prepared by the JFK Assassination Review Board. Our deadline for comments to the Board is 10 March, so please send me or Barry Harrelson your suggestions by cob 9 March —_ c ew Srectcte John Pereira Attachments ADMINISTRATIVE ~- INTERNAL USE ONLY
14-00000 o Ne Mr. David Marwell Dear David, We appreciate the opportunity to comment on the Assassination Records Review Board's proposed interpretive regulations as published in the Federal Register, February 8, 1995. We recognize the value of providing guidance for those who are responsible for implementing the Assassination Records Collection Act. Our general view is that the regulations are comprehensive in identifying the range of records that would potentially be relevant to the JFK assassination or the scope of the investigations into the assassination. In a few sections of the regulations the wording seems somewhat overly broad or the meaning is not clear. Attached for the Board's consideration are comments on these sections. In some parts of the text we suggest possible changes in wording for purposes of clarification. We would be pleased to discuss these comments at the Board's convenience. It is our intention to continue cooperating fully with the Board and to make every effort to release assassination records held by the Agency. John F. Pereira Historical Review Group, CIA
14-00000 Following are CIA's comments on specific sections of the Assassination Records Review Board's interpretive regulations, as published in the Federal Register, February 8, 1995. 1. Section 1400.1 Interpretation of Assassination Record In paragraph (a) the reference to “activities and events that may have led to the assassination--” seems overly broad, and appears to go beyond the limits established in the Assassination Records Collection Act. We believe that it would be helpful to include an articulable standard in this section. The present text would permit inconsistent application of the regulations, which might encourage massive and expensive, additional records searches that are of doubtful value. - The following change is suggested in paragraph (a): “activities and events that may reasonably be considered to have led to the assassination--” (This would be consistent with the Act.) 2. Section 1400.2 Interpretation of additional records and information Paragraph (a) raises a question as to the purpose and definition of “additional records and information.” The meaning of the phrase “all documents used--during declassification review of assassination records as well as all other documents--”seems unclear. Is it the intention to include any document, book, index, record system, etc. regardless of relevance to the assassination or investigations, including for example, legal opinions ? We assume that the purpose is to enable the Board to request and review additional records. We suggest that the section be made more specific, including a clearer statement of the intent. For example, with respect to cryptonyms, codewords, guides, etc. a more ‘precise link to events related to the assassination or to a timeframe could be helpful.
14-00000 3. Section 1400.5 Requirement that assassination records be released in their entirety The introductory paragraph specifies that “no portions of any assassination record shall be withheld--solely on grounds of non-relevance.” This appears to open the door for access to entire documents that contain information on sensitive activities even when the documents contain. information that is only incidental to the assassination, such as a passing reference to a name. There is a potential risk that sensitive, non-relevant sources and methods would be compromised. We suggest that the Board consider adding wording to this section that accommodates those instances when there is a need to release ample information from a document to disclose assassination-related material, while still protecting obviously unrelated, sensitive information. The Board, of course, would continue to have access to the entire record. ; 4. Section 1400.7 Additional guidance Paragraph (d) states “any records identified with respect to a particular person also includes any records for that person by any other name, pseudonym, codeword,” etc. This appears to require that all records on any individuals who are merely mentioned in an assassination record be made available. Is the objective really to assure that all files on an individual or activity be made available regardless of the labels on the files ? If so, we suggest that the text be modified to reflect this. -
14-00000 In the letter to David, I would add at the end of the third paragraph: “Our Office of General Counsel provided some legal comments on the scope of the definition that we've included in the attached.” , In the attachment under the comments to Section 1400.1: After the first sentence, ending with “beyond the limits established by the [ARCA]”, I suggest adding the following sentences: “The Act authorized the Board to issue interpretive regulations. Interpretive regulations, while entitled to great deference, cannot be inconsistent with the congressional intent to cover only certain specific activities. Rather, they should Stay within the clearly articulated definitions provided by Congress. This is particularly important with respect to the definition of “assassination records” since the ARCA has a overriding effect on other statutory grants of power found necessary in the interests of national security, such as the National Security Act's direction that the Director of Central Intelligence protect intelligence sources and methods from unauthorized disclosure. The ARCA provides a statutory standard for protecting or “postponing” intelligence sources and methods” that applies only to “assassination records.” The standard in the ARCA restricts those sources and methods that can be protected in assassination records. The Review Board is given the ultimate authority to apply that standard, subject to being overridden only by the President. Thus, the ARCA reflects a congressional desire to limit the DCI's authority to protect sources and methods, but only for “assassination records” as ARCA defined it. An interpretive definition by the Board that would sweep in records not covered by the Act, we believe, would exceed the Board's Limited rulemaking authority. Thus, the proposed definition should be limited more clearly to those records identified by Congress as “assassination records. To do this, we believe ....”
14-00000 . i ve © payee 2. Ceticee/ Cou woah Fae" g/l In the letter to David, I would add at the end of the third paragraph: “Our Office of General Counsel provided some legal comments on the scope of the definition that we've included in the attached.” In the attachment under the comments to Section 1400.1: After the first sentence, ending with “beyond the limits established by the [ARCA]”, I suggest adding the following sentences: “The Act authorized the Board to issue interpretive regulations. Interpretive regulations, while entitled to great deference, cannot be inconsistent with the congressional intent to cover only certain specific activities. Rather, they should stay within the clearly articulated definitions provided by Congress. This is particularly important with respect to the definition of “assassination records” since the ARCA has a overriding effect on other statutory grants of power found necessary in the interests of national security, such as the National Security Act's direction that the Director of Central Intelligence protect intelligence sources and methods from unauthorized disclosure. The ARCA provides a statutory standard for protecting or “postponing” intelligence sources and methods” that applies only to “assassination records.” The standard in the ARCA restricts those sources and methods that can be protected in assassination records. The Review Board is given the ultimate authority to apply that standard, subject to being overridden only by the President. Thus, the ARCA reflects a congressional desire to limit the DCI's authority to protect sources and methods, but only for “assassination records” as ARCA defined it. An interpretive definition by the Board that would sweep in records not covered by the Act, we believe, would exceed the Board's limited rulemaking authority. Thus, the proposed definition should be limited more clearly to those records identified by Congress as “assassination records. To do this, we believe ....
14-00000 2. Following are comments on specific sections of the Assassination Records Review Board's interpretive regulations, as published in the Federal Register, February 8, 1995. a. Section 1400.1 Interpretation of Assassination Record In paragraph (a) the reference to “activities and events that may have led to the assassination--” seems overly broad, and appears to go beyond the limits established in the Assassination Records Collection Act. We believe that it would be helpful to include an articuable standard in this section. The present text would permit inconsistent application of the regulations, which might encourage massive and expensive, additional records searches that are of doubtful value. The following change is suggested in paragraph (a): “activities and events that may reasonably be -- . considered to have led to the assassination--” (This would be consistent with the Act.) b. Section 1400.2 Interpretation of additional records and information Paragraph (a) raises a question as to the purpose and definition of “additional records and information.” The meaning of the phrase “all documents used--during declassification review of assassination records as well as all other documents--”seems overly broad and unclear. As presently worded, this section would appear to include any document, book, index, record system, etc. regardless of relevance to the assassination or investigations, including for example, legal opinions. We assume that the purpose is to enable the Board to request and review additional records. We suggest that the section be made more specific, including a clearer statement of the intent. For example, with respect to cryptonyms, codewords, guides, etc. a more precise link to events related to the assassination or to a timeframe could be helpful. c. Section 1400.5 Requirement that assassination records be released in their entirety " The introductory paragraph specifies that “no portions of any assassination record shall be withheld--solely on grounds of non-relevance.” This appears to open the door for access to entire documents that contain information on
14-00000 om sensitive activities even when the documents contain information that is only incidental to the assassination, such as a passing reference to a name. There is a potential risk that sensitive, non-relevant sources and methods would be compromised. ~ We suggest that the Board consider adding wording to this section that accommodates those instances when there is a need to release ample information from a document to disclose assassination-related material, while still protecting obviously unrelated, sensitive information. The Board, of course, would continue to have access to the entire record. d. Section 1400.7 Additional guidance Paragraph (d) states “any records identified with respect to a particular person also includes any records for that person by any other name, pseudonym, codeword,” etc. This appears to require that all records on any individuals -who are merely mentioned in an assassination record be made available. We assume that the purpose is more specific i.e., to assure that all files on an individual or activity be made available regardless of the labels on the files. We suggest that the text be modified to reflect this.
. MAR B41 °95 12:51PM >, ADMINISTRATIVE INTERNAL USE ONLY P.2 1 March 1995 MEMORANDUM FOR: John Pereira Barry Harrelson - CSI/HRG FROM : Kathryn I. Dyer DI/IRO SUBJECT: Comments--ARRB Proposed Interpretive Regulations 1. I have reviewed the proposed interpretive regulations drafted by the Assassination Records Review Board, particularly the sections addreasing the ARRB's interpretation of the scope of certain provisions of the Assassination Records Collection Act. While I have comments on a number of sections, there is one section in particular which raises serious concerns--principally 1400.2 regarding additional information and records. 2. As presently worded, this section opens up significant records which have nothing to do per se with the assassination, and which are currently protected by various laws, including the National Security Act of 1947, and, moreover, are exempt from disclosure under the Freedom of Information Act. For example, (d) Organizational charts of government agencies. (e) Records necessary and sufficient to describe the the Agency's: (1) Records policies and schedules; (2) Filing aystems and organization; and (3) Storage facilities and location. Items (a) and (b) of this section ( 1400.2) also pose similar problems in that (a) includes all documents ysed by agencies duxing their declassification review...This includes a].1 materials including omnibus classification guides or other materials (i.e. not merely those prepared for uge in the JFK review) which would identify sensitive material across the board. Similarly, item (b) includes materials "created or used by agencies in furtherance of their review...." This entire section should at a minimum be restricted to items created by agencies for use in the assassination reviews. For example, if the DO has a master list of cryptonyms, some of which appear in JFK documents, only the subset should be included. Generic categories of information which stand alone on their own merits should be omitted. ADMINISTRATIVE INTERNAL USE ONLY
14-00000 SOP PFTTTRE ES ees ¥ MAR 81 °SS 12:50PM ADMINISTRATIVE INTERNAL USE ONLY P.3 ? Recommend: Delete items (d) and (e). Subpart (a) should be confined to documents created by agencies (vice used) during their declassification review. The inclusion of generic categories of information, i.e., those created independent of the assagsination investigation(s) and review effort, appears to be a calculated effort to gain access to significant areas of information that are protected by other laws (1.e., circumvention of the FOIA.) If provisions (d) and (e) are not deleted and a and b not limited to materials created by or created solely for use in the assassination review, an additional section should be added that applies to section 1400.2 in its entirety. This should state that information created independent of the assassination review will be released unless protected by other laws, Executive Orders, and/or requlationgs. 3. Other Comments: 1400.1 (a) Recommend: Insert the word "reasonably" between "may have {reagonably) led to the assassination..." The mere allegation that foreign events or international developments may have led to the assassination at this point in time (after all the investigations) should not bring records not related to the assaasination on their face within the scope of this act. There should be an objective standard, i.e., reasonable person threshold. Otherwise agencies could be subjected to massive records searches on little more than whim. The JFK assassination is the epitome of conspiracy theories. Without a threshold standard, the door would be opened to additional searches (without merit), the potential coats of which could be significant. 1400.6 Originals and copies. Recommend: (2) and (3) Add the word "available" after "the earliest generation print [available] ." Otherwise no provision to cover situation when earliest generation print can't be located. 2 ADMINISTRATIVE INTERNAL USE ONLY
.MAR @1 °S5 12:53PNy ADMINISTRATIVE INTERNAL USE ONLY 1400.8 Implementing thea ARCA - Catalog of Assassina- tion Records. (COAR) Sections (a) and (c) appear to be inconsistent. As presently worded, former specifies all records will be listed in COAR; latter section implies not all records will be listed, i.e., requirement that in listing one must determine that the record will more likely than not enhance, enrich.... 4. I£ any questions, please call 54644 (secure). 3 ADMINISTRATIVE INTERNAL USE ONLY
14-00000 ADMINISTRATIVE - INTERNAL USE ONLY NOTE FOR: John F. Pereira @ DCI FROM: DA @ DCI DATE: 1:20 PM SUBJECT: Comments re the JFK Assassination Records Collection Act of 1992 1. In general there is not much in the regulation to cause the DA undo concern except for Sec. 1400.2 Interpretation of additional records and information; specifically (e), (1), (2), & (3). The schedules are classified in the agregate, filing systems and organization structures are classified in toto, and the storage facility is an Agency Records Center at a classified location. { know this may not bea lot of help, but | have little or no argument/comment concerning the other sections. 2. lf you have any questions/comments, please call me on(30683/or note. Ce: ADMINISTRATIVE - INTERNAL USE ONLY
14-00000 a Central Intelligence Agency Washington, 0.C. 20505 22 February 1995 Executive Secretariat information Review Officer John F. Pereira Historical REview Group o Attn: Barry Harrelson Barry, Do not agree with "no portions of any assassination records shall be withheld from public disclosure solely on grounds of non-relevance." See Section 1400.5. Non-relevant material should not have to be reviewed for declassification & release. This could be a never-ending project. Thanks for the eee eaten em unice M--Evans DCI/IRO
14-00000 1 March 1995 MEMORANDUM FOR: Mr. Periera FROM: Gary Breneman SUBJECT : Comments on Proposed Rules, 36 CFR Part 1400, Concerning JFK Records Collection Act of 1992 1. You asked that I review subject proposed rules and provide my thoughts and concerns. This is in response to that request. o 2. As a general statement, the proposed rules are not well written and seem to try to cast the biggest net possible. With reference to poor draftsmanship, note that at Sec.1400.2, they introduce a term “additional information and records,” and describe what the term includes. Compare sections 1400.3 relating to “sources” and 1400.4 relating to “(t)ypes of materials.” In the latter, they have reversed the term and used “additional records and information.” While the intent is fairly clear, it causes one to wonder what they had in mind. 3. With reference to the big net approach, it isa basic rule of statutory and regulatory drafting to not write laws and regulations which cannot be enforced. In this regard, I.know of no authority in U.S. law, including the JFK Act, which would give the Board jurisdiction over records which “may be located at, or under the control of,”...”(f)oreign governments.” See 1400.4 (b). I have a similar concern with respect to “private” records. Cf. Sec. 1400.1 (a). 4. On the nonsensical side of the big net approach is. every book, magazine and newspaper article and which has ever been written that may “report, analyze, or interpret” the assassination. See 1400.1 (a). If read literally, the Agency would have to give up all of its collections of private books, etc. which fall within this definition. This is particularly true of those books we referred to here within HRG for information and understanding as we conducted the review. See 1400.2 (a) -- (a)ll documents used by government offices and agencies during their declassification review of assassination records... ”
14-00000 5. With specific reference to the requirement of - 1400.2 (a), the Agency should be concerned about its records within the DO which tie crypts to true names of projects and alias' and pseudos to the true names of individuals. Because we regularly called the DO office responsible for these matters for assistance in identifying the projects and names behind the crypts and alias,' this subsection would seem to place those document holdings within the reach of the Board. This needs to be addressed. 5. Turning to 1400.7 (d), the Agency should be very careful here. In HRG's review and release of documents, we have often given out an alias but protected the true name. In others, we have given out the true name but protected the alias or pseudo. This section seems to vitiate that effort and needs to be addressed. 6. I have several thoughts on the non-relevant issue which would take several more paragraphs. Suffice it to Say, carried to its extreme, if the Board can in any way make the case a document is an assassination record, then they are entitled to access to it and may direct its release. 7. %I would be pleased to discuss any of these items with you if you wish.
14-00000 2 March 1995 Assassination Record Definition: Comments Background Section: [the statement “search and disclosure of records...must go beyond the records of previous commissions...” is based on a similar statements on pages 19 & 21 of the Report to accompany S. 3000] Section 1400.1 - Interpretation of Assassination Record (a) “An assassination record includes,...,all records...that may have led to the assassination...” (S$.3006 states that the “Board should act on a reasonable basis in requesting additional records. Recommend we insert “reasonably” into statement after “have” (or change may to reasonably could) ] (b) (2) "All records...or segregated by all Federal...agencies in conjunction with any investigation...” {means all “microfilm” documents are assassination records, and will have to be reviewed and accounted for even if we are successful in “postponing” most of these records] 1400.2 Interpretation of additional records and information. (a) “All documents used by government offices and agencies during their declassification review of assassination records as well as all other documents, indices, records, and other material that disclose cryptonyms, code names, or other identification material in assassination records.” [Section (a) is too inclusive; as written would include ANY document, book, index, record system or other material consulted or “used” during the review, regardless of relevance to JFK assassination. In fact, most of the material “used” in the review was used to determine if information/names/etc. had been previously released and had nothing to do with the assassination or investigations. Also the part of the statement following “as well as” needs clarification. Are they asking for all records that contain information on individuals mentioned in assassination records or are they asking for the records/indices/etc. that were used to identify individuals mentioned by crypt or code | name in assassination records. [ the amendment recommended by FBI covers CIA concerns; ideally the word “used” should be changed to “created”]
14-00000 1400.2 (continued) (b) & (c) [ ok ] (d) & (e) [add wording to identify time period for ‘these records such as “at the time of the assassination and investigations” . ] 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...,and no portions of any assassination records shall be withheld from public disclosure solely on grounds of non-relevance. {If this applies to an “individual” assassination record then there is no problem. However, if it applies, as I suspect, to files and groups of records then we have a major problem of privacy and source protection with the OP and 201 files. It may be possible to “postpone” the 201 and OP files under the Privacy exemption and National Security Act, however, the FBI approach to amending the regulation to deal with “incidental appearance of assassination material” seems a better approach. Our proposed amendment should include “files” as well as “records”. 1400.6 Originals and Copies (a) (2) add “available” after “the earliest generation _print” (b) in cases where a copy, as defined in paragraph (a) of this section is authorized...the board may...require a certified copy. [In some cases our file copy or original is a previously sanitized copy of the document; we may have to “certify” theses copies as the “original” file copy.) 1400.7 Additional guidance (d)...Any records identified with respect toa particular person also includes any records for that person by any other name, pseudonym, codeword, symbol, number or cryptonym... [This needs clarification. It the goal of this section is, to ensure that all files on an individual/project are provided regardless of how filed (under name, crypt, etc.) then I do not see a problem. However, with out clarifying language, this section could lead to the type of situation described by Gloria. FBI also requested clarification. ]
14-00000 or Issues: Non-related (36,000+ pages) and OP (10,000 pages) material in microfilm collection ° The “segregated” records statement negates our claim that Material in the Microfilm is “non-related”. We can point out that the HSCA requested, but did not review a lot of these records and that access was given to complete files even thought the request dealt with specific events or timeframes. However, given their objective of going “beyond” previous investigations, I not sure this would have any impact. A different approach would be to deny or postpone personnel type files including 201s that are not related to the assassination (guidelines to be established in consultation with the Board) as unwarranted invasion of privacy and/or protection of sources. Approximately 25,000 pages of the Non-related material are from 201 files; the remaining 10,000+ pages are from organization and project files.
14-00000 lo thax (~ — To: C/HRG Subject: OGC's comments on proposed JFK regulations. Bob's comments should be included in our response to the Board, however, not as he has recommended. The language and tone is very different and does not inserted well into existing text; I think his comments will work better as a separate paragraph or as an addendum. Barry
14-00000 ADMINISTRATIVE - INTERNAL USE ONLY 10 March 1995 MEMORANDUM FOR: . J. Barry Harrelson @ DA FROM: John F. Pereira SUBJECT: JFK Assassination Records Proposed Regulations REFERENCE: a 10 March 1995 MENIORANDUM FOR: John F. Pereira @ DA FROM: William H. MeNair DO/IRO . SUBJECT: JFK Assassination Records Proposed Regulations REFERENCE: CS1-0319/95, subject as above, dtd 8 March 1995 1. The DO concurs in ref comments and would add the following: A. Comment Par 2 re Section 1400.2 - para d and e(3) call for “Organizational charts. of government agencies" and “Records necessary and sufficient to describe and agency's storage facilities and locations". Organizational charts of detail are classified and release would have to be balanced against DCI mandate to protect such details. Description and location of agency's storage facilities are classified and release of such information would have to be balanced against security concerns and DCI mandate to protect such information. B. Comment 4 re Section 1400.7 - Consideration should be given to protect records and files of different time frame not related to JFK where the subject is but a passing name or reference. To reveal full records could endanger national security without adding to body of information relating to JFK. 2. Believe these two comments should be considered for inclusion into official CIA . remarks. ce: ce: ADMINISTRATIVE - INTERNAL USE ONLY
14-00000 ADMINISTRATIVE - INTERNAL USE ONLY OTE FOR: John Pereira @ DCI ; Barry Harrelson @ DCI FROM: Kathryn 1. Dyer @ 01 @ DCI DATE: 03/10/95 08:13:32 AM SUBJECT: Comments re Assassination Records Review Board's Interpretive Regulations 1. Uhave reviewed the draft comments prepared for the Agency regarding the AARB's proposed interpretive regulations and believe some modifications are in order. 2. First and feremost, the comments regarding Section 1400.2 do not adequately address the concerns previcusly raised regarding the unbridled inclusion of categories of records that have nothing te do with JFK's assassination, e.g., organization charts, records schedules, filing systems, etc. This section should > he limited te items created by agencies for use in the assassination review. Generic categories . of infermation which stand alone on their merits should be included. This section is overly broad and inclusive. (Please see the discussion in my 1 March memorandum.) Contrary to the proposed comment that the intent of this section is “unclear”, { think itis eminently clear, and that's the problem. i think our concerns would be better served by raising in terms of scope rather than intent. Also recommend against asking questions stich as “Is it the intent...2" Heck , yes! Woutd suggest wording aleng the lines-“As presently worded, this section would appear to include... 3. The proposed comment on Section 1400.7 opens the door to all records on a person vice these relevant to the assassination inquiries. Do we really want to set ourselves up for the ebvious response te the question we are asking? There are a number of different points here that need to be clarified, all dealing with scope. The board's legitimate concern that all records on an individual records be addressed (regardless of how filed, e.g.under another name, pseudonym, etc.}. And an equally legitimate Agency concern that 1.) records on an individual when the records themselves are not relevant te the assassination inquiry, (i.e. other records on the individual may be}, or 2. ) that all records on individuals who merely happen to be mentioned in a document falling within the scope of the assassination inquiry (but the individuals themselves are not the subject of investigation) should not be subsumed within the scope of these regulations. ce: ADMINISTRATIVE - INTERNAL USE ONLY
14-00000 To: C/HRG Subject: OGC's comments on proposed JFK regulations. 1) OGC submission Bob's comments should be included in our response to the Board, however, not as he has recommended. The language and tone is very different and does not inserted well into existing text; I think his comments will work better as a separate paragraph or as an addendum. 2) DI TRO Kathy's comments on section 1400.2 are on target, but a little strong. I don't think the board will buy changed “used” to “created”. Our proposed response, as written, does question the scope but not directly. (note: The FBI proposed wording, if accepted by the board, would. satisfactorily limit the scope of this section). She does have a point in changing “intent” to “as presently worded”. On section 1400.7, Kathy's reaction is the same as Gloria's. I think our response adequately address the concerns here, but could be strengthen without changing the tone of the response. (Note - OGC comments will also address _ “scope” which clearly is Kathy's primary concern. Barry
14-00000 Mr. David Marwell Dear David, We appreciate the opportunity to comment on the Assassination Records Review Board's proposed: interpretive regulations as published in the Federal Register, February 8, 1995. We recognize the value of providing guidance for those who are responsible for implementing the Assassination Records Collection Act. Our general view is that the regulations are comprehensive in identifying the range of records that would potentially be relevant to the JFK assassination or the scope of the investigations into the assassination. In a few sections of the regulations the wording seems somewhat overly broad or the meaning is not clear. Attached for the Board's consideration are comments on these sections. In some parts of the text we suggest possible changes in wording for purposes of clarification. We would be pleased to discuss these comments at the Board's convenience. It is our intention to continue cooperating fully with the Board and to make every effort to release assassination records held by the Agency. John F. Pereira Historical Review Group, CIA
14-00000 \ o Following are CIA's comments on specific sections of the Assassination Records Review Board's interpretive regulations, as published in the Federal Register, February 8, 1995. 1. Section 1400.1 Interpretation of Assassination Record In paragraph (a) the reference to “activities and events that may have led to the assassination--” seems overly broad, and appears to go beyond the limits’ established in the Assassination Records Collection Act. We believe that it would be helpful to include an articuable standard in , this section. The present text would permit inconsistent application of the regulations, which might encourage massive and expensive, additional records searches that are of doubtful value. AY The following change is suggested in paragraph (a): “activities and events that May reasonably b considered have led to the assassination--” (This would ' be Consistent with the Act.) 2. Section 1400.2 Interpretation of additional records and information Paragraph (a) raises a question as to the purpose and definition of “additional records and information.” The meaning of the phrase “all documents used--during declassification review of assassination records as well as all other documents--"seems unclear. Is it the intention to include any document, book, index, record system, etc. regardless of relevance to the assassination or investigations, including for example, legal opinions ? We assume that the purpose is to enable the Board to request and review additional records. We suggest that the section be made more specific, including a clearer statement of the intent. For example, with respect to cryptonyms, codewords, guides, etc. a more precise link to events related to the assassination or to a timeframe could be helpful. 3. Section 1400.5 Requirement that assassination records be released in their entirety The introductory paragraph specifies that “no portions of any assassination record shall be withheld--solely on grounds of non-relevance.” This appears to open the door for access to entire documents that contain information on sensitive activities even when the documents contain
14-00000 information that is only incidental to the assassination, such as a passing reference to a name. ‘There is a potential risk that sensitive, non-relevant sources and methods would be compromised. We suggest that the Board consider adding wording to this section that accommodates those instances when there is a need to release ample information from a document to Gisclose assassination-related material, while still protecting obviously unrelated, sensitive information. The Board, of course, would continue to have access to the entire record. 4. Section 1400.7 Additional guidance Paragraph (d) states “any records identified with respect to a particular person also includes any records for that person by any other name, pseudonym, codeword,” etc. This appears to require that all records on any individuals who are merely mentioned in an assassination record be made available. Is the objective really to assure that all files on an individual or activity be made available regardless of the labels on the files ? If so, we suggest that the text be modified to reflect this.
14-00000 babe £4. OU PAR oo fet Vaws ARAD By vu. ee =) Federal Register / Vul. GO, No. 124 / Wednesday, June 28, 1995 / Rules and Regulations ee {o) uf this section shall be Completed by October 1, 1995. PART 1926--SAFETY AND HEALTH REGULATIONS FOR CONSTRUCTION 5. The authonty citation of subpart Z of 29 CFR Part 1926 is revised tu read as follows. . Authority: Sccuuns 6 wind 8, Occupational Safety and Health Act, 79 U §.C. 655. 657, Secretary of Labur's Creare Naw 12-71 (36 FR 8754). 6-76 (41 FR 25054). 9-83 (48 FR 35726) or 1-90 ($3 FR 9u03) as applicable. and 29 CFR pan 1611 Sechon 1926 1103 alse issued under § Use $53 Suction 1926.21G2 nut issued under 29 US tl 655 of 29 CFR part 1911, also Issued unde? 5 U.S.C 553 Section 1926 1163 through 1926 1118 alsu issued under 29 U.S.C. 654 Section 1926.11.26 alsu ssaucd under 29 U.S C. 653. Saction 1926.1145 and 1476 1147 alse issued under 29 USC 657 Section 1926 1148 also issucd under 2 US.C 653. 6 Section 1926.1161 ts amended by levising paragraph (q) to read as follows: §1926.1101 Asbestos. @ o e 2 (q) Dates. (1) This standard shall bucome effective Octobor 11, 1694. (2) The provisions of 94 CFR 1426.58 remain ine fleet natl the start-up dates ol the equivalent provisions of this standard . (4) Sturt op dates. AL obligstiuns ol iis standaid Commenin oc the effective date except as follows (i) Methods of comphance. The enginouring and work precice coulsuls required by paragraph ty) uf this section shall be amplement.d by October 1, 14055 (ua) Hespiratory protection. Respiratory protection tequired by paragraph (hj of this section shall be provided by Octobur 1, 1995. Gia) Hygiene facilities and practices for employees Hygience faca lies and practices requued by paragraph ()) of thas section shall be provided by October 1, 1995. tiv} Communication of hazards Identification, nutificatian, labeling and sign posting, atid training required by parapraph (K) of this section shail be provided by Octaber 1, 1945. (v) Housekeeping Housekeeping practices and controls raquired by paragraph (1) of this section shall be provided by October 1, 1995. (v1) Medical surveillance required by paragraph (in) of this section shall be provided by October 1, 1495 (va) The designation and training of competent persons required by paragraph (ce) of this section shall be completed by October 1, 1995. IFR Doc. 95- 19790 Filed 6-27-95, 4.45 am] BueinG CODE 4610-20-s4 a NEPARTMENT OF EDUCATION 34 CFR Part 685 RIN 1640-ACOS Willlam 0. Ford Federal Direct Loan Program AGENCY: Department of Education. . ACTION: Final reguiatacs SuMMARY: The Secretary amends the rogulations governing the William D. Ford Federal Direct Loan Program to add the Office of Management and Budget (OMB) contrul number to certain sections of the régulations Those sections Contain information collectiva requiiements appruved Ly OMB The Secretary takes this action to inform the pubhe that these requirements heve been approved, and therefore affected patties must comply with them. EFFECTIVE DATE: Infuiiiation collection requirements if the final regulauons are effective on July 1, 1945. FOR FURTHER INFORMATION CONTACT: Rachel Edelstein, Policy Development Divisiun, Otfice uf Postsecondary Education, US Department uf Education, 666 Independence Avenue, SW | (Roa 1053, ROMs 5). Wasnington, De, 20202540. Te ogi tiate (202) 799- 4103 Individuals wha ure a telecummmunicauuns Gevice for the deaf iTDD) may call the Federal Information Relay Service (FIRS) at 1-suG-877-4499 between Bam and 6 pm Eastern ime, Monday through Friduy SUPPLEMENTARY INFORMATION: Final regulations for the Willie D Furd Fedural Direct Loan Proyram were published on December 1, 1994 (59 FR 1604). Comphanuce with information collection requaaments in these repulevons was delayed until those requirements were approved by OMB under the Paperwurk Reduction Act of 1990 OMB approved the information collection requirements on December 7, 1494, Those requirements will therefure become effective with the other provisions of the repalations on fuly 1, 1445. Waiver of Proposed Rulemaking itis the pracuce uf the Secretary to offer inturested parties the opportunity to comment on pruposed regulations However, the publication of OMB control numbers is purely lochnical and 93345 dues not establish substantive policy. Therefore, the Secretary has determined under 5 U.S.C. 553(b)(B), that public comment on the regulations is unnecessary and Contrary to the public interest. List of Subjects in 34 CFR Part 645 Adsnimsttative practice and procedure, Colleges and universities, Educauen, Loan programs—educatian. - Reporting and recordkeeping requirements, Student aid, Vocational education Dated. June 23. 1995. David A. Lungasecher, ; Assistant Secretary for Postsecondary Education. . The Secretary amends Part 685 of Title 33 of the Code of Federal Regulations as follows: PART 685—WILLIAM D. FORD FEDERAL DIRECT LOAN PROGRAM 1. The authority citation for part 685 continues lo read as follows: Authority: 20 U.S.C. 10870 ef seq, unless utherwise aoted. 2. Sections 685 204, 685.206, 685.209, 685.213, 685.214, 685.215, 665.301, 685.302, 685.303, 685.309, and 645.401 are amended by adding the OMB control number following thy sectuun tu tead as follows: . {Approved by the Office uf Management and Budect under cotetral number 1840-0672) (FR Duc ¥$-15844 Filed 6-27 65 6 45 unl BRLNG COOE 400i ad? ASSASSINATION RECORDS REVIEW BOARD 36 CFR Chapter XIV Guldance on Interpreting and implementing the President John F. Kennedy Assassination Records Collection Act of 1992° AGENCY: Assassination Records Review Board. ACTION: Fina) te zulations. SUMMARY: These final interpretive regulations pruvide guidance on the interpretation of certain terms included in the President John F Kennedy Assassination Records Collecuon Act ol 1992 and on umplementation of cemain of the statule’s provisions The tinal interpretive regulations make eliecuve the prupused interpretive regulunons previously published by the Assassination: Recurds Review Board (Roviow Baard) The Review Bod revised the prutused interprotive
14-00000 has ra ah she Aaa £2.00 FAN SUa fed Utut AnD wus 33346 Federal Register / Vol. GO. No. 124 / Wednesday, June 28, 1995 / Rules and Regulations i retains aehinttisnseeneeetemnsmren Tegutaions after considering public comment received in writing and turough testimony at public hearings convened by the Review Board. EFFECTIVE DATE: Those interpretative regulations aso offoctive June 28, 1995. FOR FURTHER int ORMATION CONTACT: T Jorumy Guan, Acting General Counsel, Assassination Recards Review Board, G00 E Street, N.tV., Zud Floor, Washington, D.C. 20530, (202) 724~ uU8s, fax (202) 724-0457. SUPPLEMENTARY INFORMATION: Background and Statutory Authority ’ The President John F. Kennedy Assassination Records Collectaun Act of 1992, 44 U.S.C. 2107 (as amended) (JFK Aci), ostablished the President John F. Konnedy Assassination Kecurds Collection UFK Assassinatiun Recotds Collection) at the National Archives and Records Adintnistration (NARA). In establishing a process fur public disclosure of all records relatang to tha assassination, Congress crmated an independant Fadwral agency. the Assassination Records Review Hoard, that consists of five citizens appuinted by the President and confirmed by the Senate in 1994..Under the JFK Act, the Kaview Hoard is unipowered to decide “whether a tecord canstitules an assassination record ° 44 U S.C 2107. 7(i)(Z)(A). Conpress intended that the Raview Board “issue puidance to assist in ariculanngy the scope or universe of assassination records.” President Jain F Kennedy Assassination Records Collection Act of 1992, S. Rep. 102-328, 102d Cong . td Suse. (2992) at 21. These final interpretive regulations, a propused version of which wore published at 6u FR 7506-7508 (Feb. 8, 1995), comply with that mandate. The Review Board’s goal in issuing this guidance ts to implemant congressional uitent that the JFK Callection contain “the most compruhensive disclosure uf records related tou the assassination of Praadant Kennedy.” S. Rep 102-328, supra at 16. The Board 1 also mindtul of Congress's insityction that the Board apply s “broad aud encompassing” working definition of “assassination record” in urdcur to achieve the gual uf assembling the fullest historical recard on this tragic eventin Afuyrican history and on the investigations that were undertaken in the assassination'’s ahermath. The Board recognizes thal inany ayencies began to urpanize and review records responsive to the JFK Act even before the Board was appointed and began its work. Nevertheless. the Board's aunis that this guidance will aid in the ulumaty assembly and public disclosure uf the fullest possible histones! record on this tragedy and on subsequent investigations and inqyeries into it. The final interpretive regulatians are intended to tdentify comprehensively the range of records reasonably related ta the assassination of Presidunt Kennedy and investigations undertaken in its aftermath. The final interpretive regulauions are also intended to aid in the consistent, ellective, and vlficient implementation of tha JFK Act and to establish procedures for including assassinauion recurds in the JFK Assassination Records Collection established by Congress and housed at NARA‘s facility in College Park, Maryland: Notice and Comment Process The Keview Board sought public comment un its praposed snterpretive segulatous afd set 4 Usrty-day period, which ended on March 10, 1995, for the purpose of receiving wretten Comments. The Koview Board also heard testimony at public hearings on at pects of the proposed interpretive regulations. In addition, the Review Board sent copies of the proposed interpretive regulatuns to ageticies knuwn to have an interest in and tu be affected by the Review Board's work, particularly those that either created or now hold assassination records, and to the appropiate oversight committees in Congress. Tne Review Board also sent notices uf the proposed intucprelive rugulations and request fur comments lo many urganizations aud individuals who have den unatiated an interest in the release of matatials under the JPR Act ur who lave engayed in research into the assassination af President Kennedy The Review Board received written comments on the proposed interpretive regulations from four Federal agencies, three state and Jocal yovernment entities, and twenty-ane private individuals and organizations with an interest in the Review Buard’s work. Federal agencies providing writtaun comments include the Fude:al Bureau ot invasugauon (FAL), the Central Intelligence Agency (CIA), NARA, and the Department of State State or local yovernment enUies providing written comments anclude the Dallas ( fexas} County Commissioner's Court, the Dallas County Historical Foundation, and the Cary of Dalla, Records Management Division of the Oltice of the Caty Secratary Prior to publication of the proposed iuterpretive regulations, the Review SBaard heard testimony at a public hearing held atthe Raview Board's offices on Decembur 14, 1994, froin representatives of NARA on the question of including artifacts in the scope of the term *‘assassination record.” Afier publicatun of the proposed interpretive regulations and before oxpiration af the comment period, the Review Board heard . lesimony ate public hearing on March 7, 1995, from the FRI and from several individuals and representatives of private organizations on their views regarding the taxt of the proposed interpretive regulations. Copies of all wrilten comments received and transcripts of public testimony on the praposed interpretive regulations were placed in the public reading room at the Ruview Board's offices and made available for inspection and copying by the public upow requust. Ata public meeting held on May 3, 1995, for which notice was Guuely published in the Federal Reyister pursuant to the provisions of the Government in the Sunshine Act, the Review Boaid cumsidend a final druit of these interpretive regulations That discussion draft rmncarporated many of the curmments recerved by the Review Buard on the proposed interpretive regulations. The Review Board unanimously voted to adopt the text of the discussion draft as its final interpretive regulations. Thu approved textas, with a few minor corrections that do not change the substance, published here. Response tu Camments The Review Board fuund very helpful the thoughtful and, in many cases. very detailed cominents submitted on the proposed interpretive reyulations Nuyarly all of the comnmentators éapressed support for what they characterized as the proposed interpretive repulanuons’ comprehensivenass and flexibility. All comments submitted were carefully studied and considered by the Review Board Submitters made both substantive and technical suggestions, imany of which were incorporated inte the interprative regulations as issued here on final form. The summary below includes the principal substantive comments received and the Review Board's rusponses thereto. Comment. The proposed language of § 1400 1a) 1s unduly restrictive because the phrase “may have led to the assassination’ requires at least a potennal causal link to the assassination Moreover, determining whether there is a causal huk would require the Review Board to evaluate the validity olcompeting accounts af what
fab wo Md FPL SD PAY Sul aed bbe Ann Federal Register / Vol. GO, No. 124 / Wednesdav. June 28, 1995 / Rulos and Regulations wy tid 33347 pr ES ESS led tu the assascinstion af Prysidynt Kounody Alespunse A number of commentators put forward criicisins alony these lines. Soine of these commentators suggested that some form of a “ruasonably related” stondand be cubstituted for the “may have led to” language. while others suggested alternative formulations (¢ g¢. “that may shed light on the assassination’). ln adaptang and eventually applying a “reasonably related” standard, the Review Board does nut seek to endorse or reject any particular theory ol 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 Keview Board be lievus that § 1400.1(a). as now worded, advances that elfurt and will promote a consistent broad interpretation and inplegiwutstion of the JFK Act. onunent: The proposed language of § 1400. 1{a) is tuo broad and open-ended. A morv specific nexus to the assassination of Prusidont Kennedy should be required. Response. As (ts teat aed leyislative history maks clear, the JFK Act contyraplates that the Review Board extend its search for relevant records buyond what has buen compiled or reviowed by previcus investigations I is anuvituble, therefore, that the Review Hoard must exercise judgment in determining whather such records constitute “assassination racords.”” The Review Board regarde its “‘seasonably related” standard as sullicieut to eusure thal agencies are not overburdened with identifying and reviewing records that, if addud to the JFK Assassination Kecords Collection, would not advance tho purposes of the JFK Act Conunent Secuon 1400 1 should specifically include as assassination recurds any records pertaining tu particularly kdeatilied individuals, orpanizelious, events, ete. Hesporise: The Review Board determined that, us almost every case, the types uf records commentators sought to odd were already adequately covered by § 1400.1 as proposed. Accordingly, the Review Board duchined to include records or record groups at the level of specilicity urged by these commoantators because doing io might limit the scape of the Inter pictive regulations as applied aaitially by ather agencigs, or otherwise might prove duplicative or confusing Howaver, the Keview Hoard welcomes and encourages sugpestions frum the public as to specific records or record groups thal may constitute assassination records, and intends to pursue such leads, including Uhose provided an thy written communts to the proposed alerpreiive rmegulatiuns Comment: Section 1406 2{a) is vague and ovorly broad in descrbing the scupe of additional records and lufuruation Hespuuse’ The Review Board lias added language to clarify chat the purpose of requesting addivonal recerds and information under § 1400.2(a) is to identify, evaluatu, or intorpret sasassination records, mcluding aseassination tecords that may not initially have been identified as such by an agency The Keview Hoard alsa has addod language tu indicate that it iuleuds tu uaplemnent this section through written requests signed by is Executive Director. The Review Board contemplates that, with regard to such requests, its staff will work closely with entiligs.o which such requests are addrussed to implement the JFK Act uffectively and efficiently. Comment. The scope of additional tocords and inlormation shuuld specifically include records and information that: —describe agencies’ methods of searching for records: —describe reclassification, transfer, destruction, or uther disposition of records; or —do not constitute assassination records, but have the potuntial tu enhance, enrich, and brosden the histurical record of the assassination. Response. To the eatant that the inclusion of records and inlurmation of the types described would assist the Review Board in meeting its respunsibilities under the [FK Act, the Review Board has adoptad the suppesied language Comment. The scape of “ansussination recoeds” under § 14u0 1 and “additional records and information’ under § 1400.2 should nat extend to state and local guvurniment or to private records that are nut in the possession of the Federal yuvernment. Response The Review Board ; considered such comments caretully. but concluded that the terms of the JFK Act preclude the narrower reading af the Keview Board's respunsibilities urged by such comments. Secuon 1400.6 allows the Keview Board, in us discretion, to accept cupies in leu of oripsnals The Review Roard believes that this fleaibility addresses the concerns of sume Commentators about the removal of original meords already housed. for example, in ctate or local archives Conunent: Secuon 1400.3 should include as sources of assassinauon records and additional records and infurination individuals and corporstions that pussess such material vven af not obtained from sources identified in paragraphs (a) through (6) thereof, and should specifically include individuals aud corpurations that cuntractod to provide goods or services to the govertamient. Response: The Review Board has added paragraph (f to this section in response to thuce comments. The Review Board has coucluded that, in viaw of paragraph (f}, speaafically identifying government conwactors or other private persons would be unnecessary and redundant. Comment. NARA contended that . § 1400.4 should not includy artifacts among the types of materials included in the terra “record.” Trwating artifacts as “‘records’’ would be contrary to NARA’s accustomed practice and the usage uf the tenn “records” in other areas of Federal records law and would result in substantial practical difficulties. Hespunse: The Review Board has carofully considered NARA’s objections te the inclusion of artifacts as “records,” but decided chat this inclusion is necessary tu achieve the purposes of the JFK Act. The Review Board notes that artifacts that bocame exhibits to the proceedings of the Warreu Comniusasion have long buen tn the custedy uf NAKA, and decided that these artifacts shuuld remain in the JFK Assassination Rewards Collection. The Review Hoard hurther buliweus that the unique issues ol public trust and credibility uf goverument prucesses that prompted enactment of the JFK Act require that arufacts be ancluded within the JFK Assassination Records Collection. The strong support that commenting members of the public pave to this position reinforces this conclusion. The Review Board included nits proposed regulations, and retained in 4 1400.71b)—{c} of the final interpretive regulovons, language intended to addiess NARA's concerns about potential copying requirements and preservation issues unique to artifacts, Comment: Section 1400.5 should be mudified ta allow agencies to withhold from the JFK Assassination Records . Collection matenal that ts not rulated to the assussinatian of President Kennedy, oven though st appears in @ record that contains othec material that 1s releted to the ussassination of President Kennedy. Response: It remains the intent uf this section to make Clear to agencies unat, us a rule, entire records, and not parts thereal, are to beconw part af the JFK Assassination Records Collection. The purpose of requiring thet records be produced in ther entiraty is to onsure
“Yao yo bl Ld. os rAa Lud fot Vdus ARRD 33348 " Federal Register / Vol. 60, No. 124 / Wednesday, Jue 28, 1995 / Rules and Regulations 2 etc sre EEE te sere es SES oa a ee Se rE ER —er reer eree—shi—neypsunnnnnnnnseaaeyn.cmerrae}gpeceeteennt en CC ee a eee sent that the context and integnty of the records be preserved. Oily in rare anstances will the Keview Baard assent ta withholding particular information Within an assassination record on the ground that such infurmation te not rolovant to the assassination. Socvon 1400.5 has been modified to clarify that, although tue Review Board may ellow this practice in extraordinary Cucunstances, this determingtion is within the solu direction of thy Review Board. Comment: The discussion of originals and copigs in § 1400.6 is, in various respects, unclear and confusing. Response: The Review Board made wxionsive changas to thie saction to address these concerns and to achieve greater internal consistency. The Review Board's intent in this section is to express iis strong preference for including original records in the JFK Assassination Records Cullection, but also its understanding that, for a vorivty of reasons, there may be situations where a copy instead of the original of 4 assassination record may be Mure a@pproprivte for inclusion in the Collection. Comment: Section 1400.6 should be clarified as to whether “record copics” of Fodoral agency may be included in the JFK Assassination Records Collection. Response: The Review Board has modified § 1400.6la)(1) to clarify tbat thy Review Board may determine that rucord copies inay be included in the Collection. Comment: The Catalog of Assassination Records (COAR) described in § 1400 6 should consist of, or be replaced by, the database and finding aids prepared by the Federal agencies in possession of assassination records. Response This and other comments received regarding the pruposed & 1400.8 indicated some confusion us to the Intent and operation of the raechanisin establishud in this section For this reason, the Ruview Board decided to replace tho term “Cataloy ul Assassination Records” with the term “Notice of Assassination Record Determination” (NARD), and to redraft this section tu Clarify the Reviow Board's intant to use the NARD mechanism simply to document the Review Board's ongoing determinations that, in addauan to records explicitly euumurated in the JFK Actas : assassifation records (e¢ @, records reviewed by the HISCA) o« identified by Federal agencies in their own searches, cortain other records also are assassination recgrds ta be included in the IFK Assassination Records Collection. Sectiun by Section Analysis Scope of Assassination Record As discussed above with regard to the public comments, subpatagra ph (a) of § 1400.1 bas buon mudified to adapt a “reasonably related” standard and the term “Catalog of Assassination Records” has been replaced with “Notice of Assassination Record Determination” in subparagraph (b)(3} The final interpretive regulations also incorporate suggested technical changes, including edits for claification and revision of this section’s title to make it raore precise. Scope of Additional Records and Information The ule of § 140U.2 was revised ta confyrm to the aew title ul § 1400.1. , Additional editing changes were made for clanty A new subpart (G) was added tu subparayraph (e) and a new subparograph (f) was udded after consideration of coinments that noted the potenue! exclusiun of certain calagones from the scope of this section in the proposed interpretive regulations. The Review Hoard has added language inthe final interpretive repulations to clarify that the purpose of this section 1s to aid in identifying, evaluating or interpreting assassination records, including assassination records that may Not initially have been wlentified by an agency. The Review Buurd also has added language to sugeest that it inteuds ta implement this section through written requests aigned by the Review Board's Executive Director. Sources of Assassination Records and Additional Records and Informanon A new subparagraph (g) was added to § 1400.3 after consideration of cominents noting the potential exclusion of records created by individuals or Corporations ur obtained from sources other than those already identified in the previvus subparagraphs Types of Moterials included in Scope of Assassination Record and Additional ecards and Information No substantive change has been made to § 1400.4 as it appeared in the proposed interpretive regulations Hequirement That Assassination Records be Released in Their Enurery Language bas heen addad to § 1400.5 to permit the Review Hoard, in its sole duscrchun, tu alluw selesse of ouly part uf an assassination record where such partial reloase 1s sufficient to comply with the intent and purposes of the JFK Act. Originals and Capies | Extensive changes wuety made to § 1400.6 tur reasons of clarity and intemal consistency. The Review Board also mecorporated in the final uiterpretive regulations language clarifying that “record copies” of Federal agency records may be included in (he JFR Assassingtion Records Collectiun and addressing the important issue of preservatlon requirements. In this respuct, the Review Hoard sought to treat records in various media in 4 moans appropriate to the unique characteristics of gach medium. Additional Guidance in the light of comments received, the Review Buard extensively revised § 1400.7. Subparagraph: (aj, as it appeared in the proposed interpretive regulations, hag been broken inte direw subparapraphs—new subpurapraphs (d), (e). and (f}—10 avoid potential confusion and to add clanty. The intent of these subparagraphs is to make clear that all files on an indimdual, event, urpanizalion or activity are to be made available to the Review Board regardless of the labuls on the files, where the records may be found, or whether they reflect the true name or identifier of the individual, event orgasnization, or activity. Subparapraphs (b) and (c) § 1400.7 were included in thy propused interpretive regulationé and retained in the final interpretive regulations in order to address concerns expressed by NARA regarding the inclusion of arlifacts in the scope of the material deemed “assassination records.” Ry including these subparagraphs, thy Review Board wishes ta make {( claac that it believes the JFK Act establishes unique slandarde a6 to he records to be included in the JFK Assassination Records Collection. Dy including artifacts as a typo of “assassination record,” the Review Board seeks tu fulfill ts mandate from: Congress tu assemble all materials reasunably related to the assassination im the JFK Assassination Records Collection. It is not intundyd that the inclusion here of artifacts for purposes of implementing the JFK Act should be construed to affect the umplemyntation of uther tacords laws. Subparazzraph (c) is intended to ensure that all artifacts an the collection are preserved lor posterily and that public access be provided to those artifacts ina mageamer consistent with their pruservation. The Review Board encourages NARA to set out in writing the terme and Conditions under é 4 i { ¢
-95 THE 11.53 FAX fue 724 ” L which access to such matenals shall be allowed. jm pulementing the JFK Act-——Notice of Assassinatiuvn Records Deternunation The Review Loard has replaced the term “Catalog of Assassination Records” that appead in the proposed. interpretive myulations and recrafted § 1400.8 to clarify the Renew Doard's _ {ntomt. In the final interpretive regulations, the Keviow Board substitutes the term NARD for prior referances to a “catalog.” Paperwork Reduction Act Statement. The regulation is not subject to the provisions of the Paperwork Reduction Act of 14900 (44 U.S.C. 2501 ef seg.) because if dows to cantain any informnaben callectiun requirements - within the meaning of 44 U.S.C. 3502(4). Repnalatory Flexibihty Act Certification As required by the Regulatory Fleaibility Act of 1980 (RFA), 5 U.S.C. §01~—G12), the Board cortifies that this rule, afadapted, will not have 4 significant economic impact on a substantial number of small yntities and that, therefore, a regulatory fuxaubilty analysis need not be prepared. S U.S.C. 605(b). The proposed rule would not IMpese any ubligations, including any obligations on “small entities,” as set forth insUSC 6u1(5) of the Regu latory Flexibility Act, or within the dofinition of “small business.” as found in iS USC A2z, of within the Small Business Size Standards in repulations issued by the Small Business Administration and codified in 13 CFR part 121. Heview by OME This regulation has bean reviewed by OMB under Fxecutive Order 12866, List of Subjects on 36 CFR Part 1400 Administrative practice and procedurs, Archives and :ecords Accordingly, the review Board hereby éstabolishes auew chapicr XIV in title 30 of the Cude of Federal Regulstions to read as follaw« ud 7 AKKB en CHAPTER KIV—ASSASSINATION RECORDS REVIEW BOARD PART 1400—GUIDANCE FOR. INTERPRETATION AND — IMPLEMENTATION OF THE PRESIDENT JOHN F. KENNEDY. ASSASSINATION RECORDS COLLECTION ACT OF 1992 (JFK ACT) See. 1400.1 Scope of assussination record - 1400.2 Scope of edditional records and infurmation. 1400.3 Sources of assassination records and additional records and Information. 1400.4 Types of materials included in scope of assassination record and edditional tecards and infornnation. 1400.5 Requirement that essassination. records be released im thelr enurety.. 1400.6 Ortwinals and caples. 1400.7 Additionel guidauce. 1400.6 Implemenuny the JFK Aci—Nouce of Assasgination Kecord Designanon - Authority. 44 U.S.C. 2107. § 1400.1 Scope of azusssinuven receard.; - (a) An essassinution record sancludes, but is not limited to, all secords, public aid private, reyurdless uf huw labeled or idualified, that ducument, duscribe, report on, analyze or interpret activitics, persons, of events reasonably related to the assassination of President John F Kennedy and investigations of or inquiries into the assassination. (Ly) An assussination recoid further includes, without limitation: (2) All records as defined im Section 3(2) of the JFK Act, (2) All records collected by or segregated by all Federal, state, and lucal government agencies in conjunction with any investigation or anelysis of or inquiry intu the assassination of I'resident Kennedy (fur example, any intra-ugency investigation vt analysis of or inquuy inte the assaosination, any interagency communication regarding Ue ussassination, any request by Uae House Select Committee on Assassinations lo collect documents and other materials: or any inter- or intra-agency collection or segregation uf ducumenis and uther matunals), (3) Other records ur groups of records listed in the Notice of Assassination Record Designation, as described in § 1400.8 of this chupler. § 1400.2 Scope of additional records and information The ternt additional recurds and inforination mchidys (a) AH documents used by gevertunent offices and agencies during their declassafication review of : assassination records as well as all other documents, indices, and other material Ig] U8 Federal ‘Register / Vol. GO, No. 124 / Wednesday. June 28,.1995 / Rules and Regulations: 33349 en ET TT Ee SR Seagate te en I LE LC {including but not limited to thass that disclose cryptonyms, code names, or other.identifiers that appear.in. assassination records) that the Assassination Records Review Hoard (Review Board) has a masonable basis to baligva may constitute an assassination record or would assistinthe ~ identiBcation, evaluavon or interpretation of an assassination. record. The Keview Hoard will identify in writing thase records and other - materials it intends to seek undur thys section (bo) All uaining manuals, instructional materials, and guidelines crealed or used by the agunciue in furthoranco of their roviow of assassination records. (c} All records, lists, and documents - describing the procedure by which thy agencies ideutified or sulocted oceossination records for review. (d) Organizational charts of . govermment ageucies. (e) Records necessary and sufficient to describe the agency's: —- (1) Records policies and schedules; (2) Filing systems and organization; (3) Storage facilines and locanans; (4) Indexing symbols, marks, codas, instructions, guidelines, mathods, and procedures; (5) Search mothods and. procedures ueed in the porformance of the agencies’ duties under the JFK Act; 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 dwscribed an § 1400 1, but which has the potential to enhance, enrich, and broaden the historical record of the assassination. § 1400.3 Sources of aesagginution records and additlonal recorda and information. Assassination records and udditional recoids and infonuation may be located al, or uuder the cuntrol uf, without limitation: (a) Apencius, offices, and untitios of the executing, legislative, and judicial Lranches of the Federul Goverment; (b} Agencies, offices, and entitics of the executive, legislative, and judicial branches of state and local governments: (c) Recurd repusitones and archives of Faderal, stata, and local governments, including presidential libraries; id} Record repusitorics and archives of universities, hbrariws, hastoricel societies, and other similar organizetions, (ce) Individuals who possess such recuids by virtue of service witha government agency. office, or cniity: Uf Persons, including individuals and corporations, who have obtained such
‘95 THU 11.54 FaX zug 74 u457 33350 records from sources identafled in parayraphe (a) through (9) of this Eaction, (g) Persone, including individuals and carporations, who have thamselves created or have obtained such recards from sources other than those identified in paragraphs (a) through (w) of this section; (h) Federal, state, and local courts where such records are being held under seal: ar .. 4) Foreign governments. §1400.4 Types of matoriads included in soope of asgJosination record and additional racords and information. The term record in assassination record end additional recotds and information includes, for purpases of interpreting and iuplenenting the JFK Act: (a) papers, maps, aud other documentary material; {b) photographs; {c) motion pictures; (d} sound and vidvo recordings; (e) machine readsble information an on form; and f} artifacts §14405 Requirement that assussination ftecords be reluused In thelr enurely. An assassination record shall be teleased in its entirety except fur portions speatfically postponed pursuant to the yrounds for postponement of public disclosure af records established in § 2107.6 of the JPK Act, and no portion of any assassination recoid shal! be withheld from public disclosure solely on prounds of non-relevance unless. in the Reviow Buard's sole discretion. release of part of a record is sulficient ta comply with the intent and purpuses of the JFK Act §1400.6 Originals and copies. (a) For purposes of determining whether originals or copies of assaceination records will be made part of the President Jahn F. Kennedy Assassination Recotds Collecnon JFK Assassination Records Collection} established under the JFK Act. the following shall apply (1) In the case of papers, maps, and other documentary materials, ue Review Hoard may deterimiue that rucord cupigs of governinent records, either the signed original, original production or a repruduction that has been treated as the official record inainteined to chronicly government functions of activities, may he placed im the JFK Assassination Records Collection: (2) fa che case of other papers, maps, and other documentary matenal, tne ARKB - ® Federal Kegisier / Vul. 60, No. 124 / Wednesday, June 24, 1995 / Kules and Regulations Kemew Board may detanminy that a true and accurate copy of a record in lieu of the original may he placed in the JFK Assassination Records Collection; (3) In the case of {phatngraphs, the original negative, whenever available (otherwise, the earliesi generation print that is a true and accurate copy), may be placed in the JFK Assassination Records Callection; (4) In the casa of motion pictures, tho camera orginal, whenever aveilablu {otherwise, the earliest peneration print that is a true and accurate copy), may bu placed in the JFK Assassination Records Collection; (5) In the case of sonnd and viduo recordings, tha original recording, whenever available (otherwiso, the earliest generation copy that Is a true and accutate capy), may bu placed in the JFK Assassination Records Collection; (6) In the case of machine-rundable indormation, s true and accurate copy of the original (duplicating all information contained in the original‘and in a tormat that permits retrieval of the infurmetion). may be placed in the JFK Assassination Records Collection, and (7) in the case of arufacts, the orginal objects themselves may be placed in the [FK Assassination Racords Collection. (b) Tu the eatent records from foreign Kovermuents are included in the JFK Assassination Records Calluction, copies of the orpinal records shall be sufficient for inclusion in the collection. {c) In cases where a capy, as defined in paragraph (a) of this section, 1s * authorized by the Review Board to be included in the JFK Assassinatian Records Colluction, tha Review Board may require that a copy be cerufied if, in its discretion, it detu:mines & Certificauon tobe nucessary to ensure the integrity of the JFK Assassination Recards Collection. ln cases where an original, as defined in paragraph (a) of this section, is required for inclusion in the JFK Assassiuation Recurds Collection, the Review Board may, at its discretion, accept the bast available copy. In such cases that records included in the JFK Assassination Records Collection, whether originals or copiss, contain illegible portions, such records shall have attached thereto a certified transcription of the illegible lay ruaye to the extynt practicuble. (dj For purposus of implementing the IFRK Act, the term copy mwans 6 true end accurate photocepy duplication by 4 ingans appropfiate to the medium of the original rucord that preserves and displays the integrity of the recard and the infornigtion Contamed in il (&) Nothing in this section shall be interpreted to supgust that addinonul ‘Copies of any assassination records ‘records from being rofurinattod joey contained in the JFK Assassination Records Collection are not also assassination m-cords that, at the Review Board's discretion, may also be placed in the JFK Assassination Records Collection. (f) Nothing an this section shall be interpreted to prevent or to preclude copies af any electronic assassination electrunically in order te conforin to differant hardward and/ar software requirements of audiovieual or machine readable formats if such is the professional judgment of the National Archives and Records Administration. § 1400.7 Additional guidance. (a) A government agency, alfice, or entity includes, for purposes of interproting and implementing the JFK Act, all current, pust, and former = * dopartments, ageicies, offices, divisions, foreign offices, bureaus, and deliberative bodies of any Federal, state, or local government and includes all - inter- or intra-eguncy working groups, committees, und meetings thal possess of created records relating'to the ageassination of President John F. Kennedy. (b) The inclusion of anifacts in the scupe of the term assassination record is understood to apply solely to the JFK Assassination Records Collection and to implement fully the terms of the JFK Act and hes no direct or indirect bearing on the interpretation or implementation of any other statute or regulation. tc] Whenever aridfacts are included in the JFK Assassination Records Collection, it shall be suffictont to comply with the JFK Actif the public is provided accwss tu photographs, drawings, or ssmilar materials depicting the artifacts. Additional display of or examination by the public of artifacts in the JFK Assassination Records Collection ehell weur under the terms and conditions established by the National Archives and Records Administration to ensure their preservation and protection {or postenly. (d) The tors and, or, any, all, and the plural aud singular forms of nouns shall be understuud in their.broadest and anust inclusive sense and shall nat be understood to be terms of limitation. (e) Unless the Review Board in its sole discretion directs otherwise, records that are iduntified with respect tu a parucular person shall include all records ralating tu that person that use of reflect the true name urany other name, ppaudonym, codeword, symbol nuinher, cryptonyni, or alias used ta identify that person
ai YO AML 2b. ade FAA JUL 1d Udon Federal Register / Vol. 60, No. 124 / Wednesday June 24, 1995 / Rules and Regulations a {) Unless the Review Board an its sole diecretion directs otherwise, records that are identified by the Review Board with respect ty a particular operation or program shall anclude all recurds. pertaining to that program by any other name, pseudonym, codeword, symbol. number, or cryplonym & 1400.8 implementing the JFK Act— Notice of AsEasumnelion Record Designation. : (a) A Nonice of Assassination Record Designation ({NARD) shall be the mechanism for the Review Board to announce publicly its determination that « record of group of records meets the definition of assassination records. (b) Notice of all NARDs will be published in the Federal Register within 30 days of the decision to desiynate such records as assassination records. ic) In determining to designate such recurds a6 assassination records, the Review Board iaust duterming that the sucord ur group of record will mate likely thau nut enlace, eunch, and broaden the historical recerd ol the assacsinatius. Tratad: June 22, twit David G Maxwell, Eaecubve Director Assassination Recerts Renew Buurd. {FR Doc ¥$-15514 Filed 6-27-45; 8 45 wn] BLING CODE etic 1O-a veer rennet EEE TARA“ DSLR I DEPARTMENT OF THE iNTERIOR National Park Service 36 CFR Part? RIN 1024-ACi4 National Capital Region Parka; Special Regulations; Correction AGENCY: National Para Service, Interior. action: Correction to final regulations SUMMARY: Thia dacumunt Contains a Correction tu the final regulations which were published Friday, April 7, 1995 (G0 FR 17639). The regulstions limit the sales on Federal park land tu bouks, newspapers, leaflets, pamphlets, buttons and bumper suckers and set standards for sites, stands and suuctures used in such sales within National Capitel Rogion Parks. Et FECTive OATE: May 4, 19U5 FOR f URTHEN INFORMATION CONTACT: Sandra Alley, Associate Reguunal Director, Public Affairs and Tourism, National Cupital Region, National Park Service, 1100 Ohio Drive SW, Weshington. D.C. (202) 619-7 223 ARKD SUPPLEMENTARY INFORMATION: Need for Currection As published, the final rule contains one error which may prove to be misleading and 1s in need of correction. Correction of Publication Accordingly, the publication on Friday, April 7, 1995 (60 FR 17639) of the final regulation, FR Doc. 95-8599. for National Capital Region, is corrected as follows. In the FR Doc. 95-4599, appearng on page 17649 in the issue of Friday, April 7, 1995. the words “the introductory text of need tu be added afer the word “revising” that appears in the first column, beginaimg on the ninth line. which now reads “2. Section 7.96 is amended by revising paragraph (k)(z) to read as follows:” 1s cortucted to read “2. Section 7.96 is amended by revising the introductory text of paragraph (kj(2) to read as fallawse:” Dated: June 22, 1995 Rick Gale, Acung Chief, Hanger Acaviues Divesen [FR Duc. 9$-15741 Filed 6-21-95. 6.45 an] BILLING CODE 4316-76-P REESE cE CEE SEE TST TTA EE TENSES TTT ENVIRONMENTAL PROTECTION AGENCY 40 CER Parts 52 and 81 [&-1-F AL-§249-5) Clean Alr Act Promulgation of Extension of Attainment Date for Ozons Nonattainment Araa;, Maine AGENCY: Environmental Protection Apency (EPA). aciiOn: Final rule SUMMARY: EPA 1s extending the allainment dete for the Hancock and Waldo Countias, a maminal ozony hunattainment arva in Maine to November 15, 1994. This extension is based in part on monitored air quality readings for the aatitaad ambssent air quality standard tor ozone during 1993, Thies notice also updates tables in 46 CFR 52.1024 and 40 CFR 51.320 Cuncenung attainment dates iu the State af Maine EFFECTIVE DATE: This extension becomes effective July 28, 1995. FOR FURTHER INFORMATION CONTACT; Ruchard P. Burkhart, Air, Pesticides and Toucs Management Division. U.S. Environmental Protectiun Ageucy. Region | JFK Federal Bldg., Boston, MA 02203. Phone. 617-565-3244 SUPPLEMENTARY INFORMATION: On Fub 22, 1945 (8O FR 9813). EPA published oad WiLuUUs 33351 em, 0D teeter a huticy of proposed Tulemaking (NPR) for the State of Maine. The NPR proposed extending the attainment deadline for ozone for Hancock and Waldo Counties, and usked for public comment. No cumments were received. CAA Requirements and EPA Actions Concerning Designation and Classification Section 107(d}(4) of the Clean Air Act as amended in 1990 (CAA) required the Stotes and EPA to designate steas as altainment, nonatlainment, or unclassifiable for yzgne as wall as othr pollutants for which national ambient air quality standards (NAAQS have been set. Section 161(a)(1) (table 1) required that ozone nonatlainment areas be classified as marginal, moderate, serious, severe, or extreme, depending on their air quality. In a series of Federal Register notices, EPA camplated this process by designating and classifysng all areas of the country fer ozone. Sew, c.g. 56 FR 5u694 (Nov. 6, 1991); 37 FR 56762 (Nouv. 30. 1992); $9 FR 18967 (Apnl 21, 1994) Areas desipnated nonattuintnent for zone ate required to Fueet aliamrnient datus spucified under the Act For areas classified marginal through yxtreme, tha attainment dates ramyte from November 15, 1993 through Novernber 15, 2010. A discussion of the attainment dates is found in 57 FR 13448 (April 16, 1992) (tha General Pruambla). The Hancock and Waldu Counties, Mainyu area was designated nonattainment and Classified marginal for ozone pursuant to 56 FR 54094 (Nov. &, 1991). By this classifacauion, its attainment date became Novernber 15. 1993. CAA Requirements and EPA Actions Conceruing Meeting the Allainment Date ~ Section 181(D)O WA) raquires the Administrator, within sia months of the attainment date, to determine whether ozone nonattamment areas atlained the NAAQS For vtune, EPA determines attainment status om the basis of the expected number of cxcerdances ol the NAAQS ovar the three-year period up to. and including. the attainment date. See General Preamble, 57 FR 14500 In the case af ozone marginal | nonalomment areas, the three year period is 1991-93. CAA section 461(U)(2)(A) further states that, fur areas classified as marginal, moderate, or serivus, if the Administrator determines that the area did not attain the standard by its attainment date, the area must be reclassified upwards. Howover. CAA section 18l{al{(3) provides an exemption frum these bump