AGENCY RECORD NUMBER RECORD SERIES AGENCY FILE NUMBER AGENCY ORIGINATOR FROM TO TITLE DATE PAGES SUBJECTS DOCUMENT TYPE CLASSIFICATION RESTRICTIONS CURRENT STATUS DATE OF LAST REVIEW COMMENTS JEK ASSASSINATION SYSTEM IDENTIFICATION FORM AGENCY INFORMATION Peleased under the John Kennedy CIA WSsassination Records 104-10331-10044 JFK PROJFILES-CORRES PONDENCE Ollection Act of 1992 (44 USC 2107 Note). Wee ase#:NU 53217 Date: DOCUMENT INFORMATION Ho-22-2017 CIA MEMO: DCI SOURCES AND METHODS AUTHORITY WITH RESPECT TO JFK ASSASSINATION RECORDS 09/19/1994 4 JEK ASSASSINATION JFK ACT OF 92 PAPER UNCLASSIFIED 1A . RELEASED IN PART PUBLIC - RELEASED WITH DELETIONS 04/30/03 JFK-M-16 : F3 : 2000.02.08.09:37:49:780035 [R] - ITEM IS RESTRICTED 104-10331-10044
HW 53217 DocId: 327404174 MEMORANDUM FOR: -AGENCY-INTERNAL USE ONLY _ PRIVILEGED ATTORNEY WORK PRODUCT David P. Cc] Hee OGC-94-52916 19 September 1994 Holmes Deputy General Counsel FROM: Robert J. Eatinger. Jr. Assistant General Counsel Litigation Division, OGC SUBJECT: DCI Sources and Methods Authority With Respect to JFK Asisassination Records 1. Per your request, President John F. Kennedy 1992 (ARCA), 44 U.S.C. § 2107 note. Pub. L. 102-526, 106 Stat. For your convenience, the pertinent provisions t I have attached a copy of the Assassination Records Collection Act of 3443-2458, reprinted at I have highiighced hat will aid in reszonding to an inquiry regarding the statute's effect on the DCI's statutory authority to protect intelligence sources ana metheds. 2. The clear language and intent of the law is to supersede statutes that prohibit dis irrelevant subject areas, provides that Act. ARCA § ll(a). that may be protected and information is to be revie closure of information, except for some such as tax records. The statute "3t shall take precedence over any other law {except section 6103 of the Tnternal Revenue Code), decision construing such } otherwise prohibit" the di This. discussed below which limi judicial aw, or common law doctrine that would sclosure of information subject to the language, taken with the provisions t the intelligence sources and methods set a strict procedural scheme by which wed under the ARCA, effectively supersedes the DCI's National Security Act authority with respect to intelligence sources ahd methods information subject to the ARCA. 3. Section 6 of the release of information may 1 contemplates that all info Indeed, it specifies that ARCA provides the grounds for which the be "postponed." The statute rmation will eventually be released. 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). "(1) the threat of such gravity that With respect to intelligence- related information, ARCA allows postponement if: ; to ... intelligence operations ... is it outweighs the public interest, and such public disclosure would reveal-- PRIVILEGED ATTORNEY WORK PRODUCT 4 AGENCY- INTERNAL USE ONLY Page 2
HW 53217 : ane _ AGENCY - INTERNAL USE ONLY ‘ PRIVILEGED ATTORNEY WORK PRODVCT DCI Sources and Methods Authority With Respect to JFK Assassination Records SUBJECT: (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 identify information that meets ARCA § 4(c) (2) (D) (i). For CIA, is to make the first review to the standards for postponement. this effort is being undertaken »7(i) (1). _,the Review Boards determination. Id. “President must be re-reviewed every 5 years. 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 reccrds." ARCA § Specifically, the "Review Board shall 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 orger 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 Records postponed by the ARCA § 9(d) (2). ra 2 PRIVILEGED ATTORNEY WORK PRODUCT AGENCY- INTERNAL USE ONLY Docld: 32404174 Page 3
a oo, *, AGENCY-INTERNAL USE ONLY . ne “ PRIVILEGED 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. obert oO. Attachment 3 PRIVILEGED ATTORNEY WORK PRODUCT AGENCY-INTERNAL USE ONLY HW 53217 DBoclId:32404174 Page 4
HW 53217 SUBJECT: DCI Sources and Methods Authority w/Respect to JFK Assassination Records OGC-94-52916 DCI/OGC/RJEatinger:.76105 (19 Sept 94) Original PRP PPE ppp DocId: 327404174 Addressee ‘w/fattach) (hand delivered) OGC Registry (w/attack) Lit File RBB (OGC/ILD) C/HRG (J.Pereira-404 Ames) RJE - Soft File (w/attach) RJE - Signer PDP KK -fyi PAS- fyi Page 5