(04-10931-10062 ¢ be _ New Note. ca . NOTE FOR: | pci, FROM: . DATE: 02/27/95 06:02:46 PM SUBJECT: JFK Records a This is in response to your request that | review ASAP the proposed regulations by the JFK Assassination Records Review Board. | see Sheryi Walters hand very much in evidence here. | see from the attachment that she is the Bodid's GC. .- ; Like you, | am very concerned about the breadth of the reg's definitions. The key to keep in mind is the statutory authority for the Board. | would argue that the definition of “assassination record” in the statute (44 U.S.C. section 2107 note; section 3(2) of the Act) is more limited than the reg. The statute defines an assassination record as one “related” to the assassination of JFK. Thus, when section 1400.2: ‘(d) and (e) of the reg authorize Board access to organizational charts of governmental agencies and records necessary and sufficient to describe the agency's records policies and schedules, filing systems and organization, and storage facilities and locations, | would argue that such information is way teo far afield. There is no way we-can allow the Board to have access to this information, which in any event is prohibited by section 403g from disclosure notwithstanding any other law. The same issue arises with respect to section 1400.7(d) of the reg that proposes to include in the definition of record any records for a person by another name or personal identifier. This would appear to. authorize Board access to all information about an agent who may have only been tangentially involved in — the assassination but whase crypt is given in many other unrelated documents about unrelated . operations. Talk about your camet's 1 nose @ under the tent! Finally,. section 1400.5 of ther reg raises an old dog of an issue. The. National Security Archive (Sheryts cs old employer) has been fighting for a long time in FOIA litigation that the FOIA refers to records and that therefore all information in a responsive record must be released unless otherwise exempt. There is no FOIA exemption, they argue, for non-responsive material in a record. This is a big problem for multi-topic documents, such as the NID. We, of course, argue that agencies are only required to process that which . is asked for and delete non-responsive material as unrequested. The proposed reg would mean that the. Board would have access to all information in a document about several unrelated operations or events if that document even mentioned the assassination or anything related to it. Again, the camel's nose. ce: | j@ oct . , New Note
13-00000 : * Py a) eo a _e@ ADMINISTRATIVE - INTERNAL USE ONLY @ . CSI-0316/95 ‘ 16 February 1995 NOTE FOR: D/IM/ADDA/IS DCI/IRO DA/IRO © ; DI/IRO . DO/IRO DS&T/IRO _ occ (Bob Eatinger) :DDZOCA 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. Gwe ca 0 JE ; 243 John F. Pereira y > 7a 123 Attachment ~ ADMINISTRATIVE - INTERNAL USE ONLY
13-00000 * to: John Pereira, CIA Historical Review Program fax #: (703) 243-8343 ve: + ARRB proposed interpretive regulations date: _ February 9, 1995 - pages: 4, including cover sheet. . Dear John: | my 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 Recards Collection Act, including the terns “assassination record” and “additional records and information.” The Board is - soliciting comment from all interested parties and would welcome any comments that the CIAt 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 hesitite to give me a call on my direct line or at our main number, 724-0088. Sincerely, < sno Walter General Counsel . Shery! i. Waser Gereral Counsel Assass.inaton Recon Revew Board 400 E Street, NW, Second Floor | Washington, 0.C, 20530 (202) 724-3815 Fax: (202) 724-0457
13-00000, z a 7506 . . (B) For dependents of active duty e , YO) Amount of inpatient cost sharing Gscal members in pay grades of E-5 and ° above, $25; and (C} For cotirees and their dependcnts,~ $25. {vi] The copayment for prescription drugs per prescription, for a maamum 30-day supply, (s as follows: 0 (A) For dependents of active duty mombors in pay grades E—-1 through E- 4, $5; . (8) For dependents of active duty members in pay grades of E-S and above, $5: and, ' (C) For retirces and their dependents, 9. (vii} The copayment for ambulance services is as follows: (A) For dependents of active duiy members {n pay grades of E~1 through - E-4, $10; , (8) For dependents of active duty mombers in pay grades of E-S and above, $15; and, {C) Por retizons and their dependents, $20... (u) Inpatient cost sharing ‘sequirements under the Uniform HM Benefit.—{1) In general. ta liou of usual CHAMPUS cost sharing roquiruments (see § 199.4()), special cost sharing amounts are required. The specific requirements ehall be uniform and shall be published as a notice annually by the Assistant Socretary of Defense (Health Alfairs) ; (2) Structure of cast shanag. For sorvices ether than rental illness or substance use treatenent, there is @ nominal copayment for active duty dependents and for retired members, dependents of retired members, and survivors. Fur inpatient mental health and substance use treatment, a separate r day charge is established. requirements. Beginning in year -1995, the inpatient cost sharing ulrements are ar follows: i} Far acute care admissions and other non-mental health/substance use treatment admissions, the per diem — charge is as follows, with a minimum charge of $25 per admission: . {A) For dependents of active duty members in pay grades E~1 through E~ 4, $14; (8) For dependents of active duty smembers in pay grades of E~S and ebovo, $11; end, (C) For retirees and their dependents, $3 1. (ii} For mental healtli/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 through: E- 4. $20; . _ Offuer, Department of Cejense. (D) For dependents of active duty members impay grades of E~S and. sbove, $20; ahd, (C) For retirees and their dependents, $40. () Updates. The enzoliment fees for fiscal year 2995 set under paragraph (c} of this section and the per services specific dollar amounts for fiscal year 1995 set under paragraphs (d) and (e) of this section may be updated for subsequent years to the extent necessary tu mainteie compliance with statutory requirements pertaining to government costs. This updating does not apply to cost sharing that is expressed as a porcentage of allowable changes; these perceateges will remain unchanged. {g) Applicability of the Unifarm HMO Benefit ta Uniformed Services Treatment Facilities Managed Care Program. The provisions of this section concerning the Uniform HMO Benefit shall apply to the Uniformed Survices Treatment Faciliies Managed Care Program, effective Octoher 1, 1995. Under that program, non-CHARMPUS eligible beneficiaries have the same payment responsibilities as CHANPUS- eligible beneficiaries. - Dated: February 2, 1995. LM. Byqum, Alternate OSD Federal lcguster Liaeon {FR Doc. 63-3026 Filed 2-37-95, 8 44 aru] GeLLBHG COOE 6600-04-44 2 8 + ASSASSINATION RECORDS REVIEW BOARD . 36 CFR Part 1400 Guidance on interpreting and Implementing the President John F. Kennedy Assassination Records Collection Act of 1992 AGENCY: Assassination Records Review Board (ARRB). ACTION: Proposed Interpretive - regulation. , SUMMARY: The ARRE proposes to issue segulations 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. . OATES: To be considered, comments must be received on or befare March 10, 19985. ; ADDRESSES: Comments should be mailed to the Assassination Kecords Kaview Board at oUuU E Sueet, NW. Second Noor, Washington, D.C. 20530 ur _ delivered (n person to that address . Federal Register / Vol. 60, No. 26 / Wednesday. February 6, 1995 / Proposod Rutes betweon the hours of 9:30 am. and 4-30 p.m., Monday through Friday (except legal holidays). Comments may also be ' faxed to the Board ai (202) 724-0457, Commonts received may-be inspected in ~ the Board's public reading room, located at the address shown abova, between 10 4.m. and 3 p.m. Monday through Friday (except legal holidays). Parsons wishing to inspect conunents in the Board's public reading rvom should call the Doard’s office beforehand at (202) 724~ 0088 for further information. FOR FURTHER INFORMATION CONTACT: Sheryl L. Walter (Cencral Counsel), (202) 724-0088. SUPPLEMENTARY INFORMATION: Background 7<" . " The President John FiKonnedy | : Assassination Records Colléction Act of 1992, 44 U.S.C. 2107 note (es amended) (ARCA), established the President Joba F. Kennedy Assassination Records . Collection (the JFK Collection) at the Nauonal Archives and Records Administration (NARA). In establishin the process for public disclosure of all * ~ records relating to the essossination, Congress created an independent agency within the executive branch, the ited Assassination Records Review Board {the Board), which consists of ive. -—.* - citizeas appointed bythe President. Uader the atatute, the Doard is em powered to deade “whether record constslutes an assassination record.” 44 U.S C 2107 nota, Sec. 9(i)(2)(A)}. Congress fusther made clear its intent that the Board “issee guidance to assist - in articulating the scope or universe of assassination records.” President Joho 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 Sut here, the Board seeks to " implement congressional intent thatthe — JK Collection contain “the most comprehensive disclosure of records related to the assassination of Presidont Kennedy.” id. at 16. The Baard 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 essembling the fullest historicel secord on this tragic event in American history and on the investigauons that were undertaken in- tha assassination’s aftermath. The Board recognizes that many agencies have already begun to organize and review records responsive to the ARCA even’ before the Board was uppointed and began its work. Nevertheless, the Buard’s aim is that this guidance will ald in the ultimate assombly and public
13-00000 Ye a? Federal Register / Vol. disclocure of the fullest possible _ histoncal record on this tagedy and on “subsequent investigations and inquires into it. . The Board's pruposed guidance fs . designod to help government agencies - and the Board identify and maka available to the public all documonte that will enhance, enrich, and broaden the historical record of the assassination of President John F. Kennedy. The Board socks through this guidance to fulfill Congress's “sntontt] and omphasis that the search and disclosure of records tu:dur this Act must go beyond” the records of previous commissions and commuiitiees ustablished to investigate  Prosident Kennedy's assassination. Id. at 21. The Board also socks to provide notice of the scope of its Intended exercise of authurity to soek 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 facllitate 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 - offictal 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 tho intorpretation of the term assassination record, the intended scope of its exercise of authority to seek additional inforination or records, and its additional proposals for implomontation of the ARCA. List of Subjects In 36 CFR Part 1400 Administrative practice and procedure, Archives and rocords. Accordingly, the Assassination — . Records Review Board hereby proposes to establish 6 new chapter XIV in title 36 of the Code of Federal Regulations to tuad as follows: ; - 60. No. 26 / Wednesday, February 8, 1995 / Proposed Rules ee CHAPTER XIV-—ASSASSINATION RECOADS REVIEW BOARD . a PART 1400—GUIDANCE FOR INTERPRETATION AND IMPLEMENTATION OF THE PRESIDENT JOHN F. KENNEOY ASSASSINATION RECORDS COLLECTION ACT OF 1992 (ARCA) Soe. 1400.1 Interpretation of assassination secord. $40u.2 Interpretation af.sdditienal records ead tefunnatun, 14003 Sounes cf assassination secords and additional records and information, — 1400.4 Types of materials included in scope wf eesassination record and additional tecutds and saformation. 1400.5 Requirement thet assassination tecards be released in their entirely 1400.6 Ouginals and copies. 1400.7 Additional guidance 14008 Impiementing the ARCA—Catelog of Assassination Records Authorlty: 44 U S.C. 2107 Lote. § 1400.1 interpretation of assassination racord. ; * (a) An assassination record includes, . but is not hmited to, ail secords, public and private, regardless of how labeled or _ /ideatified, that documont, desenbe, report, analyze, or interprot activities and events that may have lod to the assassination of President John F. Kennedy; the assassination itself; and Jnvestigations of ur inquiries into the assassination. ° () An assassination record further includas, without limitation: - (1) All records as defined in Soc. a(2 of the ARCA; (2) All recordscalled by)or se egated by all federal, $eGalled Dor e 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 Committeson Assassinations to collect documents and othar matecials; of any inter- or inura- agency collectiva or segregation of documents and other materials); - (3) Other records of groups of records listed ia the Catelog of Assassination ' Records, as described in § 1400.8 of this chapter. $ 1400.2 interpretation of additional records and information. The term additivnat infonnation and records includes: {a) All documents used by governmont offices and agencies during thalr declassification review of 1 7507 assassination records as well es all ether documents, indices, records, and uther matorial that disclose cry plonyms, code naines, or othor identification material in assassination rocofds, , . (b) All waining manuals, instructional materials, and guidelines created or used by the agencies in furthorance of their roview of assassination recurds. {c) All records, lists, and documents describing the procedure by- which the egoncics identified or sclocted . assassination records for review. a (d) Organizational charts of f ige Government agoncies. i (e) Records necessary and sd{fcient to desenhe the agency's: (1) Recurds‘pglicies and schedulus; Gl Filing systems and Organization; an 7 ed (3) Storage fecilitias and locations. § 1400.3 Sources of assassination records and additional records and information. Assassination records and additional técords and information may be located |. at, or under the control of, without limitation: . “ (a) Agencies, offices, and entities-of the executive, logislative, and judicial branches of tho federal government; (b) Agencies, offices, and entities of the executive, legislative, and judicial branches of state and local governments; ata, (c} Record repositories and archives of. . foderal, state, and local governinents, . including presidential libraries; | (d) Record repositories and archives of universities, libraries, historical societios, and other similar orgenizations; 7 {o) Individuals who possess such records by virtue of service with a government agency, office, or entity; (f) Porsons, including individuals and corporsilons, whe have obtained such records from sources identified in paragraphs (a) through (e) of this fon: . (g) Federal, state, and local courts where such records aré being held undor seal: oreign governments, 9 -—-—— §1 ypes of materiais tncluded.tn 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 ather documentary matorial; &) Photographs; (c} Motion pictures; (d)} Sound-and video recordings: (e) Machino roadable information in any form: and .
() Artifacts. § 1400.5 Requirement that assassination records be reloased In their entirety. An assassination recutd shall be hy : disclosed in its eatisely except for y y portions specilically postponed  ° pursuant to the grounds for” : postponement of public disclosurm of records established in section 6 of the ARCA, and no ions of any assassination rnPe all be withheld from public disclosure solely on grounds of nou-relevance. $1400.68 Originals and copies. (a) For purposes of determining whether originals or copies of assassination records may bo made part of the President John F. Kennedy Assassination Records Collection (the JFK Records Collection} to be established under the ARCA: (1) in the case of papers, maps, and oiher documentary material, the Assassination Records Review Board (the Board) may determine that « true and accurate copy of the original is sufficient; (2) la the case of photographs, the term record means the original negative if available, otherwise, the earliest generation print; © <7 (JT DT THE Chee of motion pictures, the term record means the camera orginal if availabic, otherwise, the earliest generation print, < (4) La the case uf suund and video tocordings, the term record m original recording, if availabl py (5) in the caso of machine-readable infurmatiun, the Board may reeaetle ) that a true and accurate copy of the original is sufficient; and {G) Arufects meaus the original obj itsollf. (b) In cases where a copy, as dofin in paragraph (a) of this section is _ authorized by the Board ta be included in the JFK Records Collection the Board may, at its discretion, requira a certified copy. In cases where an original, es defined in paragraph (a) of this section, is required for inclusion in the JFK . Records Collection the Board may, at its discretion, accept the best available § 1400.7 Additional guidance. (a) A governnient agency, office, or entity includes, for purposes of interpreting and implementing the ARCA, all departments, agencies, . Offices, divisions, foreign offices. bureaus, and deliberative budies of any federal, state, or local government and includes all inter. or inura-agency working groups, cusmitiecs, and Federal Repistet / Vol. 60, Na 26 / Wedaesday, February 4, 1995 / Propased Rules muectings that possess of croated records relating to thé.arsassination of Prosident. Juha F. Kennedy. (b) The inclusion of ortefacts in the scope of the term assassination record is ‘understood to apply solely for purposes of establishing the President John F. Kennedy 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. (c) in the case of artifacts deemed to be assassination recards and included ia the Jobo F, Kennedy Assassination Records Collecuon, provision to the public of photographs, drawings, or similar matesials depicting Uwe artifacts shall be sufficient to comply with the ARCA‘. requirement that copies 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 . Administration that are edequate to preserve and protect the artifacts for posterity. (d) The terms and, or, any, ali, and the plural and singular forms of nouns shall be understood in their broadcast and ost inclusive sense and shali nat ba pinderstood ta be terms of limitation. particular person also includes any records for that person by any other name, pseudonym, codeword, symbe number, cryptonyin or alias. Anyfécord described with respect to an operation or program inchudes any record pertaining to that program by any other name, pseudonyin, codeword, symbol, number os cryplonym. § 14008 implementing the ARCA—Catalog of Aasassination Records. (a) A Catalog of Assassination Records (COAR) shall be created as the official listing of all records determined by the Hoard 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 lfeting records or groups of _ records in the COAK, the Hosrd must detennine that the record of group of . ) records will more likely than not enhance, carich, and broaden the , historical cecord af the assassination. ACTION: Propased rule. Dated: February 3, 1995. Dawid G. Marwell, Executive Ducvctar, Assassinavon Records Heview Board. (FR Doc. 95-3112 Filed 2-7-95; 845 am} BILUNG COOE 64-TO-44 an ENVIRONMENTAL PROTECTION AGENCY 40 CFR Parts 5t and 93 [FRL-6140-9] Transportation Conformity Rule Amendments: Transition to the Control Strategy Period — AGENCY: Eaviroomental Protection Agency (EPA). : 7 3 SUMMARY: This action proposes to permanently align the timing of cortain transportation conformity consequences with the imposition of Ciean Air Act ~ highway sanctions. For ozons ° nonatiainnent esvas with an incomplete _. 15% emissions-reduction state implementation plan with e protective finding; incomplete ozone attainment/ 3% sate-ol-progrese plan; or finding of | failure ta aubmit an ozone atlainmeal 3% rute-ol-progress plan, and areas whose control strategy implementation pian for ozone, carbon monoxide, particulate matter, or nitrogen dioxide is disapproved with a protective findiag, tho confonnity stetus of the nsportetion plan and program would t lapse ase result of such failure until ighway sanctions for such failure are _ effective under other Clean Air Act This action would delay the lapse io conformity status, which would otherwise prevent approval of new high@ay and transit projects, and aliow States more time to prevent the lapse by submitting complete ozone implementation plans. ‘A has published in the final rule soction of this Federal Register a sinsilar 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 heuring will be held at 10:30 a.m. on February 22, 1995 in Washington, DC. ADORCSSES: Interested parties may submit written comments (in duplicate, ~ if possible) to: Air and Radiation Docket and Information Center, U.S. Environmental Protection Agency, Attention: Docket No:.A-95-02, 401 M Sucet, SW., Washington, DC 20460.