Mr. Chairman, I am here today at your request to provide my views on Senate Joint Resolution 282, “The Assassination Materials Disclosure Act of 1992,” and to describe the nature of documents held by the CIA that relate to the assassination of John F. Kennedy. I very much appreciate the opportunity to speak on this important matter. Let me begin by stating that I am in complete agreement with the purpose underlying the joint resolution—that efforts should be made to declassify and make available to the public as quickly as possible government documents relating to the assassination of John F. Kennedy. We hope that opening up and giving journalists, historians and, most importantly, the public access to governmental files will help to resolve questions that still linger over 28 years after the assassination. Further, I believe that maximum disclosure will discredit the theory that CIA had anything to do with the murder of John F Kennedy. Even before introduction of this joint resolution, I recognized the need for greater public access to CIA documents of historical importance. Two months ago, I announced the establishment of a new unit within CIA that will be responsible for declassifying as many historical documents as possible consistent with the protection of intelligence sources and methods. This new unit, the Historical Review Group, in the Agency’s Center for the Study of Intelligence, will review for declassification documents 30 years old or older, and national intelligence estimates on the former Soviet Union that are 10 years old or older. In addition to the systematic review of 30-year-old documents, I have directed the History Staff in the Center for the Study of Intelligence to assemble CIA records focusing on particular events of historical importance, including the assassination of President Kennedy. The Historical Review Group will then examine the documents for the purpose of declassifying the records. Because of high interest in the JFK papers, I am not waiting for legislation or other agencies to start declassifying documents belonging to CIA. The Historical Review Group, at my direction, already has begun its review of the documents related to the assassination of President Kennedy, and I am glad to report that the first group of these records, including all CIA documents on Lee Harvey Oswald prior to the assassination, has been declassified with quite minimal deletions and is being transferred to the National Archives for release to the public. This is, I acknowledge, a small fraction of what we have, but it is an earnest of my commitment to begin review for declassification immediately of [ this material. And, indeed, as I speak, the reviewers are going through a substantial number of documents, and I anticipate that many of these will be released shortly.
f € As we carry out our program to declassify Kennedy assassination documents, our goal will be to release as many documents as possible. In fact, I recently approved new CIA declassification guidelines for our Historical Review Program which specifically direct a presumption in favor of declassification. I believe we can be very forward leaning in making these documents available to the public, and I have instructed the Historical Review Group to take this attitude to heart. To understand the magnitude of the effort involved in reviewing these documents for declassification, it is important to place them in some context. The CIA’s collection of documents related to the assassination of President Kennedy consists of approximately 250,000-300,000 pages of material. This includes 64 boxes of copies and originals of information provided to the Warren Commission and the House Select Committee on Assassinations and 17 boxes of material on Lee Harvey Oswald accumulated after President Kennedy’s assassination. Unfortunately, and for reasons I do not know, what we are dealing with is a mass of material that is not indexed, is uncatalogued, and is highly disorganized—all of which makes the review process more difficult. The material contains everything from the most sensitive intelligence sources to the most mundane news clippings. These records include documents that CIA had in its files before the assassination, a large number of records that CIA received later as routine disseminations from other agencies, as well as the reports, correspondence, and other papers that CIA prepared in the course of the assassination investigations. I should emphasize that these records were assembled into the present collection as a result of specific inquiries received from the Warren Commission or the House Select Committee on Assassinations. I have prepared a chart that illustrates this _ point. As you can see, prior to President Kennedy’s assassination CIA held only a small file on Lee Harvey Oswald that consisted of 33 documents (approximately 110 pages), some of which originated with the FBI, State Department, the Navy, and newspaper clippings. Only 11 documents originated with the CIA. I have brought along a copy of Oswald’s file as it existed before the assassination so that you can see first-hand how slender it was at the time. As I have already noted, we have declassified the CIA documents in this file with quite minimal deletions, and we are providing them to the National Archives. The records in this file dealt with Oswald’s defection to the Soviet Union in 1959 and his activities after his return in 1962. By contrast, it was only after the assassination that CIA accumulated the rest of the material on Oswald—some 33,000 pages— most of which CIA received from other agencies after November 22, 1963. / f
14-00000 f C You have asked about documents in our possession generated by other agencies. In fact, much of the material held by CIA originated with other agencies or departments. For example, in the 17 boxes of Oswald records, approximately 40% of the documents originated with the FBI, and about 20% originated from the State Department or elsewhere. Our staff is still going through the material compiled at the request of the Warren Commission and the House Select Committee on Assassinations, which includes 63 boxes of paper records and one box that contains 73 reels of microfilm. The microfilms in part // overlap material in other parts of the collection. We estimate that within the 63 boxes of paper records, approximately 27% of the documents originated with a variety of other U.S. government agencies, private organizations, and foreign and American press. \ Although our holdings do include many documents from other agencies, we nonetheless have a substantial collection of CLA documents that will require a considerable effort to review and, as I said earlier, at my direction, this review for declassification is now underway. A preliminary survey of these files has provided us some indications of what they contain. Although the records cover a wide variety of topics, they principally focus on CIA activities concerning Cuba and Castro, Oswald’s defection to the Soviet Union, and Oswald’s subsequent activities in Mexico City and New Orleans. They also include a large number of name traces requested by the staff of the House Select Committee on Assassinations, as well as material relating to the Garrison investigation and Cuban exile activities. The CIA cannot release a number of documents unilaterally because of the limits in the Privacy Act (which protects the names of American citizens against unauthorized disclosure), the sequestration of many documents by the House Select Committee on Assassinations, and the fact that many of the documents belong to agencies other than the CIA. However, we have already taken the necessary steps to lift the sequestration, coordinate with other agencies and begin the process of declassification. If necessary, I will ask the House for a resolution permitting CIA to release the results of the declassification effort on the sequestered documents. While I expect a large amount of material can be declassified under our program, I assume that there still will be information that cannot be released to / the public for a variety of reasons, including privacy concerns or the exposure of intelligence sources and methods. Let me take a moment to give examples of this type of material. During the investigation by the House Select Committee on Assassinations, I understand that security and personnel files were requested on a number of Agency employees. These files contain fitness reports (performance evaluations), medical evaluations and credit checks on individual CIA officers. a er tt RE RRO eth ete Ae
14-00000 ( ¢ Although irrelevant to the question of who killed President Kennedy, these and other personal documents ultimately ended up in the sequestered collection of documents. I do not believe that the benefit to the public of disclosure of this information outweighs the clear privacy interest of the individuals in keeping this information confidential. Similar privacy concerns exist with documents containing derogatory information on particular individuals where the information is based on gossip or rumor. Our files also contain names of individuals who provided us intelligence information on a promise of confidentiality. We would not disclose their names in breach of such a promise. Where we cannot disclose such information to the public, the Agency will make redactions and summarize the information in order to ensure that the maximum amount of information is released while still protecting the identity of an agent or the privacy of an individual. If legislation is not passed by Congress and signed by the President regarding the JFK papers, to enhance public confidence and provide reassurance that CIA has not held back any information relevant to the assassination, I will appoint a panel of distinguished Americans from outside of government to examine whatever documents we have redacted or kept classified. They would then issue an unclassified public report on their findings. The effort required to declassify the documents related to the assassination of President Kennedy will be daunting. However, it is an important program, and I am personally committed to making it work. Even in this time of diminishing resources within the Intelligence Community, I have directed the allocation of 15 full-time positions to expand the History Staff and to form the Historical Review Group that will review the JFK documents and other documents of historical interest. I believe these actions attest to the seriousness of our intent to get these papers declassified and released, and to open what remains classified to outside, non-governmental review. It is against this background that, in response to this Committee’s request, I cite our technical reservations about the mechanism established by the joint resolution to achieve this same result. I intend to address only Intelligence Community concerns; I will defer to the Department of Justice on any additional problems posed by the joint resolution. First, vesting in an outside body the determination as to whether CIA materials related to the assassination can be released to the public is inconsistent with my statutory responsibility to protect intelligence sources and methods. Second, I am concerned that the joint resolution contains no provision requiring security clearances or secure document handling by the Assassination Materials Review Board or its staff.
14-00000 c ( Third, I am concerned that the joint resolution does not provide the Agency with the opportunity to object to the release of CIA information contained in documents originated by Congress or the Warren Commission. Under the joint resolution, documents originated by these entities can be released directly by the Executive Director of the Assassination Materials Review Board without any review by the President or other Executive Branch agencies. Fourth, the joint resolution provision for a 30-day period for agencies or departments to appeal decisions by the Executive Director to release information may not provide sufficient time for meaningful review of what could prove to be a large volume of material at one time. Fifth and finally, section 6 of the joint resolution, which outlines the grounds for postponement of public release of a document, makes no provision for postponing release of documents that may contain Executive privilege or deliberative process, attorney-client, or attorney work-product information. While such privileges could be waived in the public interest and are not likely to arise with respect to factual information directly related to the JFK assassination, they would be unavailable under the joint resolution in the rare case that they might be needed. These are technical problems that I believe can be solved in ways that will, in fact, expedite the release of documents bearing on the assassination of President Kennedy. But, again, whatever the future course of the legislation, CIA is proceeding even now to review for declassification the relevant documents under its control. Further, we will cooperate with any mechanism established by the Congress and the President to declassify all of this material.
( ¢- Mr. Chairman, let me close with a comment on why I am personally committed to get these documents out. Like all Americans old enough to recall that terrible day in November 1963, as several members of the committee have alluded to, I also remember where I was and what I was doing. I was a college student at William and Mary. I can remember how the word spread like wildfire between classes of that horrible event. I made my way to Washington that weekend and stood at the intersection of Constitution and Pennsylvania Avenues where I waited for hours to watch the president’s funeral cortege. I will never forget it. I entered public service less than three years later, heeding President Kennedy’s inaugural call, a call I think many in my generation heard. He said then: Now the trumpet summons us again, not as a call to bear arms, though arms we need, not as a call to battle, though in battle we are, but as a cail to bear the burden of a long twilight struggle, year in and year out, rejoicing in hope, patient in tribulation, a struggle against the common enemies of man—tyranny, poverty, disease, and war itself. Mr. Chairman, the only thing more horrifying to me than the assassination itself is the insidious perverse notion that elements of the American government, that my own agency, had some part in it. I am determined personally to make public or to expose to disinterested eyes every relevant scrap of paper in CIA’s possession in the hope of helping to dispel this corrosive suspicion. With or without legislation, I intend to proceed. I believe I owe that to his memory. Thank you. SENATOR COHEN: Okay. I’m going to give you a chance in a moment, Judge Sessions. I just want to move on quickly, because we have Mr. James—lI think, Lazar—who’s going to be testifying shortly and I will not be here for that either. But he questions the issue of intelligence sources, that the bill provides that disclosure can be postponed if the release of that information would reveal an intelligence asset. And Mr. Lazar suggests that number one, that should apply only if that particular agent is living; and then secondly, even if living, that the burden would be upon the agency to present by clear and convincing evidence, that disclosures of the identity of that particular agent would in fact present a danger to him or to his family, I assume, or serious damage could result from the disclosure of his identity. Could you, number one, give us some instance in which disclosure of a deceased intelligence agent or asset would be contrary to our national security interests? And then secondly, address the issue of clear and convincing evidence that the agent being alive, that he might be jeopardized by that disclosure?
14-00000 € € GATES: At the root of effective intelligence work is our ability to deal with people who are willing to provide us with information and to assure them of confidentiality and that their identity will be protected. The Congress has recognized that. The Congress has even recognized the importance of protecting the covert identities of American case officers dealing with such foreign agents. I believe that we have an obligation to protect the confidentiality of our sources, regardless of the amount of time that has passed. And I believe that if the agent is deceased, that we also have to take into account the potential considerations for that agent’s family. There are many countries in the world today, in which despite whatever political changes have taken place, families of those who have defected-or who have proven to be agents or who are revealed to have been agents are persecuted or mal-treated or where their life becomes much more difficult, and I think we have an obligation to these people. I think you—I think we are not in a position of saying “never.” But I think that any decision with respect to revealing the identity of a source or an agent, even 20 or 30 years after the information was reported is one that has to be taken with enormous care and deliberation, one that must involve knowledge of the particular circumstances involved, both at the time the information was received and the circumstances of the agent and his family. In short, so important is the ability to protect the confidentiality of sources that a decision to reveal that identity would have to be the result of the most careful consideration. Se RES Sct ete ne Nenana ne oe ns te Sateen tenn alt etme te faethe ene? etn nS SURCIOREESISG Bie
14-00000 CIA SPECIAL COLLECTIONS RELEASE AS SANITIZED OCA 3097-92 § October 1992 Sarr Ar MEMORANDUM FOR: Director, CSI Chief/LIT/OGC FROM: « David M. Zinn Legislation Division Office of Congressional Affairs SUBJECT : Congress Passes JFK Bill joo. Congress on 30 September passed the Senate version of bere. the President John F. Kennedy Assassination Records po. - ’ Collection Act of 1992, calling for the public disclosure of government documents related to the assassination of President Kennedy. The key features of the bill are as follows: e The bill requires government agencies, including CIA, to transmit their. respective JFK assassination records to the National Archives for public disclosure within 300 days of enactment of the bill unless the records qualify for "postponement." Government offices that hold JFK assassination records created by another office should transmit those records to the originating office rather than to the Archives. * Disclosure of an assassination record may be postponed for various reasons, including, where there is clear that disclosure would identify: (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 USG;" or (c) a confidential USG source who would face a substantial risk of harm if exposed. In many cases, postponement is justified only if the potential harm to national security also outweighs the public interest in disclosure.
14-00000 SUBJECT: Congress Passes JFK Bill The bill creates a Review Board--composed of 5 individuals appointed by the President with the advice and consent of the Senate--to review agency decisions to postpone the disclosure of records. Records determined by government agencies to qualify for "postponement" must be made available to the Board within 300 days of enactment of the legislation. If the Board agrees with an agency's determination to postpone disclosure, the records will be forwarded to a protected collection at the Archives. The bill authorizes the President to override. a Review Board decision that executive branch records must be publicly disclosed. The administration hag ‘expressed its support for the bill, and the President is expected to sign it into law. A copy. of the bill is attached to this memorandum. David M. Zinn Attachment
SUBJECT: Congress Passes JFK Bill OCA/LEG/DZinn:gh/x37913 (5 October 1992) (OCA 3097-92) Distribution: Original - 1 - aad dl ot ' Addressees PMG/IMS (Croce) John Pereira ER D/OCA DD/OCA OCA LEG Subject File LEG Signer File Soft File.
HF 4-D0000 e “ September 30, 1992 CONGRESSIONAL RECORD — HOUSE 119913 President signs this bill, the files wil be open, first of the year, when this Issue resurfaced in and together as a Nation we can move for. the public eye, countless hours have been de- ward. voted fo hearings, meetings, and negotiations | would like to commend my colleagues on by Members of Congress, staf and Federal their efforts on behalf of this bill. In particular, agencies. This is not to mention the numerous Mr. HORTON, MA. STOKES, ANO MA. BROOKS aif obstacles that we had to overcome. My office direction 30 years after the tragk assassina- American . Mr. FISH. Mr. Speaker, I withdraw 14} and f 5 fretheHousetoday, eae The SPEAKER pro tempore. Is there 1 Mit, Gpenker. iano emai feat that | stand objection to the request of: the gen- . Belore thie body in support of a measure that tleman from Texas? mo 0 G . the = There waz no objection. i F a i $ 3 “TO should carry a Dresumption. of immediate. 2 disclosure, and all records should be even The Clerk read the Senate bill as fo}. lows: . . 8. 3006 Be tt enacted by the Senate and House of Rep- vesentatives of the United States of. America tn Congress assembled, SECTION 1. GHORT TITLE. This Act may be cited as the “President John F. Kennedy Assassination Records Cole lection Act of 1992", : we SEC. 2 FINDINGS, DECLARATIONS, AND PUR. (a) FINDINGS AND DECLARATIONS.—The Con- ". 4) all Government records related to the assassination of President John P. Kennedy 4: Mbould be preserved for historical and ser...” *- @Pamental purposes: fee tees zc, ...@) all government records con the. - cerning ". assassination of dent. John F. Kennedy ally disclosed £0 enable the public to become Soe ots bea, sassination of President John PF, Kennedy (the “Warren Commission"); LO. “(the “Rockefeller Commission’); (C) the Senate Belect Committee to Stady Governmental Operations with Raspect -to - latelligence Activities (the “Charch Com- mittee"); (D) the Belect Committee on Intelligence (the “Pike Committee") af the House of Rep- resentatives; (Z) the Belect Committes on, Assazsina- tions (the “House Assassinations Commit- tee’') of the House of Representatives: estigate the As- | Le
(J) any independant ageaay; _ () any other office of the Federal Govern- (+ eat; aad . _ oe -. (Ll) apy Stato er leeal law enforeemes ' John P. Kennedy, : _ ‘: “at dose not include the autopsy records éo- Sve agency as defined Se nad a ot tle 6 Untted States Cote, and inchates &: Rated by tho Keanedy family to the Rational. |...» -Arcbives parsaaat too deed of gift regulat- CONGRESSIONAL RECORD — HOUSE éigitined, or olectreale taformation, regard- lees of the medium on which 1¢ ts stored, ar other “material, regardiess of its paysigal form-or characteristics. G2) “Review Board” means the Assasaiza- ton Records Review Board established by esotion 3) “Thing agency” means a Goverament asesezination qooand that fs te the possession of another tequify into the ageassination of President EC, 4 PREMENO JORN F. KERCKDY agaae. September of President Joha P, Kennedy them for transmission to the Arehivies iaclusion in the Collesticn. oo © oe (2) No assassination record shall be de. (3) No assassination record made a Gr discioesd to the public prior to the dage a7 enactment of this Act may be withheld, re. 30, 1992 dacted, postponed for 08 () No assassination record created by a person or entity outaide government (exelng- ing names or identities consistent with the requirements of section 6) shall be withheld, : of dcha' 7. Kennedy, which: shat} -be-: | Sirency 30 eee. rey  @ . guired in section 4. "tional Archives and Resotds- Code. . : (8) “Official investigation’ means the re- views of the assassination of President Joha #, Kennedy conducted by any Presidential - Commission, any authorised congressional committee, and any Government agency el- ther independently, at the request of any Presidential commission or congreasional committee, or at the request of any Govern- ment official. of ; (9) “Originating body” means the Execa- tive agency, government commisalon, con- gressional committee, or other govern- mental entity that created a record or pare ‘ticular information within a record. : (10) “Public interest” meang the compel- ling interest tn the prompt public discloaure of assassination records for historical and governmental purposes and for the purpose of fully informing the American people about the history surrounding the agsassina- tion of President John FP. Kennedy. (12) “Record” includes a book, paper, map, photograph, sound or video recording, ma- chine readable material, computerised, (7) "National Archives meand tho Na: ~ ander section 4112 of title 44,-United States .. pelts dential archival depositories established © of titze 8, United States Code. (a) (ADDITIONAL . REQUIREMENTS.—(1) The Collection shall be preserved, protected, archived, and made available to the pablic at the National Archives using appropriations suthorised, specified, and restricted for use @) The National Archives, in consaltation with the Information Gecarity Oversight Of- ‘fice, shall ensure the secarity of the post- poned assacaination recerds In the Colleo- tion. . (e) OVERSIONT.-The Committee on Govern- ards for ‘postponement of pablis disclosure (il) specify am the identification..aid re- qaired by subsection (4) the appttcable post- - “ponement provision contained in eeation & (&) organize and make available to the Re- view Board all assassination records: identi. fied under subparagraph (D) the public dis- slosure of which tm whole er ta part may be (?) organise end make available to the Re- view Board any record concerning office has any uncertainty as. to whether the record ic an assassination record governed by this Act; (G) give priority to— so . ahh, ment Operations of the House of Represents- (4) the identification, review, and tives and the Committee on Governmental Jasion of all assassination records publicly Affaire of the Benate shall have continuing 4Vallablo or disclosed as of the date of enact- oversight jurisdiction with respect te the ‘ent of this Act in a redacted o edited Collection. form; and REVIEW, IDENTIFICATION, TRANSMERION (iD the identification, review, and trans- BEC. & TO THE NATIONAL ARCHIVES, AND ‘Mission, under the standards for postpone- PUBLIC DMSCLOSURE OF ABSASSINA- Ment set forth in this Act, of assassination THOM RECORDS BY GOVERNMENT records that om the date of emactment of this OFFICES. Act are the subject of Mtigaties under seo- (a) IN GENERAL.—{1) As s00n as practicable . Gon 553 of title 6, United States Code; and after the date of enactmeat of this Act, each GH) make. avatlahle to the Review Board Government office shall identify and orga- any additional infofmation and records that nize ita records relating to the assassination the Review Board hag reason to belleve it re- a ae
. September 30, 1992 Act. (3) The Director of each archival depoal CONGRESSIONAL RECORD — HOUSE quires for conducting o review under this (C) The pertodic review of postponed agsas- sination records shall berve to downgrade - and declassity security classified informa- tory established under section 3112 of title tion. 44, United States Code, shall have 88 @ prior. (D) Each assassination record shall be pab- ity the expedited review for public disclosure licly @isclosed tn full, and available in the of agsassination records in the posseagi and custody of the depository, and make such records available to tho Review Act, unleas the President certifies, as re-- Board ac required by this Act. (d) IDENTIFICATION AID8.—(1XA) Not later Collection no later than the date that is 26 years after the date of enactment of this quired by this Act, that—. . : (1) continued Postponement ip made neo- than 48 days after the date of enactment of essary by an identifiable harm to the milf- this Act, the Archivist, in consultation with tary defense, intelligence operations, law an- the appropriate Government offices, shall forcement, or conduot of foreign relations: brepare and make available to all Govern- and Ment offices a standard form of identifics- ‘omor Anding ald for uso with each aseas- ‘that it outweighs the public interost in dis- -sinatios: record subject to review under thia 9) , a (4) Pees FOR COPYING.—Executive branch (2): The Archivist shall ensure that the agencies ahall— (1) charge foes for copying assassination ~ gach 4 manner. as to result in the orestion of records; and ne offices yA) attach 0 printed copy to tho record It” Disdiogan of assasdination records or par - : (B) tranamit to the Review Board a printed 40} attach a printed copy to each agsag- sination-record 1t desoribes when 1 fo trans : REOtiba-An assassination record tho pub- lio. disalosaro of which has been postponed bo Beid for reasons of originating y REVIEW OF POSTPONED Asaag- SMATIO RECORDS.—{1) All bostponed or re- bese FeOords shall bo reviewed periodically by. the originating agency and tho Archivist Conaistent with tho recommendations of the Peeards te the Collection under the standards @) All postponed Sasassination records de- termined to require continued postponement GLO AR unclassified writtes desorip- caine. Buch desariptinn eae Pe a to tho Archivist and published inthe Pederal Register Bpon determination, - (2) grant-walvers of such fees pursuant to ; by Government offices that are Compatible with tho standards established by section 662(9)4) (3), Upon : completion -of an identification - to the public may be postponed subject to . the Mmitations of this Act if there is clear and convincing evidence that— we or & foreign government, and pablic disolo--- Sure would be zo harmful that it outweighs the public interest; or - (5) the pablic disclosuro of the asesssing- tion record would reveal a soourity of pro- . teotive procedures carrently utilized, or rea. Sonably expected to be utilized, by tho So. oret Service or another Government agency responaible for protecting Government offi- Glals, and public disclosure would be so that {6 outweighs the pablio inter. (s) ESTARLISMWENT.—Thero ts established 85 an independent agency a board t be (11) the tdentifiable harrh to of such gravity g:{2) the threat to the military defense,” is. :.  ‘tolligence Ons, of condact.of forvign Heels known as the Assazsinations Records Review Board. (0) APPOINTMENT.—(1) Tio President, by and with the advice and consent of tho Sen- ate, shall appoint, without regard to politi. cal affiliation, 8 citisena to serve ag members of the Review Board to ongaro and facilitate the review, transmission to. tho Arohivist, and public. disclosure of government records | ‘related to tho assassination of President John F. Kennedy. ; ‘ (2) The President shall mako nominations ; to the Review Board not later than 80 cal- endar days after the date of enactment of (3) If tho -Banate votes Bot’ to. contirm 4 tions to the Review Board after oonsidering persons recommended by the American His- torical Assoolation;.: tho Organitation of: .. graph (A) docs mot. recommend atleast 9. nominees meeting the qualifications stated: in paragraph (5) by the date President shall consider. for nomination after .tho no members. . (2) The Committes oa Governmental Af. fairs shall vote on the nominationn within 14 dayo in which tho Senate is tn esasion after tho confirmation hearings, and shall report ite results to the fall Benate immediately. (3) The Benate shall vote on each nomines to confirm or reject withia 14 days in which the Benato ts in sesaion after reported by the Committes on Governmental Affaira, - - that is 43 days = after tho date’ of enactment of this Act, the ot es) aa
Y Bamped tm tho texGsrenss with Hos () Camprason.—The Members of tha Re- view Roard shall eleot one of its members as chatrpersos at ity initial meeting. (g) Renova, or Ravine Boaap hoemer.— Q) No member of the Review Beard shall be (A) by tmpsachment and coavicticn: or (B) by the action of the President for inef- ficiency, neglect of daty, malfeasance in of fee, physioal disability, mental tnoapaotey, : _@ aay other condition that substantially - - ee nize the performance of the member's én. ~ (3A) Wf a mombor. of the Review Board ts removed from office, and that removal tg by “tho Prosident, sot later than 16 days after . - Qe removal the Presideat shall gubéaie eo - “Genk Regloter ter & to prevent tmdne in. ' Review-Board shall consider and render deci- - sions of a determination by a Government fo assnseination recocde. < me ea of enee, and shall complete all other reporting ©.  ° * @) In carrying out paragraph (1), the Re- ae '. View Board shall ‘consider and . render - (A) whether a record constitutes ab assas- ’ gipation record; and“ _ (8) whether an assassination record or par- tioular information in a record qualifies for “postponement of disclosure ander thie Act. Q@) Powzas—(1) The Review Board shall - Bave tho authority to act ia a manger pre- Seribed under this Act including aathority (A) direct Government offices to complete. identification aids and organise assassing- tion records: (B) direct Government offices to transmit to the Archivist assassination records ag re quired under thls Act, including ‘segregable portions of assassination records, and sub- stitates and summaries of assassination records that can be publicly disclosed to the fullest extent; . (CXi) obtain access to asasaseination records that have been identified and orge- nized by a Government office: CONGRESSIONAL RECORD — HOUSE (i) G@ireot a Goverament offics to make available to the Roviow Board, and if BOO- Gsaeary investigate the facta surrounding, ad- éitiozal information, records, or testimony from individuals, which the Review Board bas reasaa t believe ta required to fulfill ita fonctlows and responsibilities under this Aot: an (111) request the Attorney General to sab poens private porsoas to compel testimony, records, and other information relevant to its reeponsibilities ander this Act: . ©) require any Goverament office to ao- ooaut tm writieg for the destruction of any records relating to the assassination of President Joha F. Kennedy; | () receive information from the public re- garding the identification and pablie disclo- gare of secazsination records: and ~ (2) Upon its termination, the Review Board shall submit reports to the President and the Congress including » complete and accurate ecoounting of expenditures during ite exist. - " G) Upon termination and winding up, the . Review Board shall transfer all of its records - to the Archivist for incluaion in the Collsc- tton, and no record of the Review Board shall SBC, & ADIASSINATTON RECORDSG . BOARD PERSONNEL, (a) EXmevrivs Dimgcror.—{1) Not later. _than @ days after the initial méoting of the - . Review Board, tho Review Board ahall ap- point one citizen, without regard to political affiliation, to the position of Executive Di- (2) The person appointed as Executive Di- rector shall bo a private oltisen of integrity and impartiality who ts a. distinguished pro- ‘fessional and who ig not a present employee of any branch of the Goverument and hes had no previous ‘involvement with any offi- cial investigation or inquiry relating to the Seeasaination of President John F. Kennedy. (SMA) A candidate for Executive Director ahall be granted the necessary security clearances in an acoslerated manner subject September 30, 195 to the standard proosdures for grenticy eq, clearances. ms (B) A candidate shall quality me the no coaary eeourity olearnnes price Belag a proved by the Review Board, (1) The Executive Director shal} — a —{A) serve as principal Malsos ta Goven mont offices; . a (B) be responsible for the admin and coordinatio: view of records; {D) have Bo authority to decide GF dete; mine whether any record ehould be discloss to the pablic or postponed fer disclesarc. .(8) The Executive Director skal) nes be ra Payable for level V of. the Bzrecative: Eohed- alo under section S916 of that itbe-<k:" oa 4d) ADVISORY COMMTTEES.—(1) Tha Review Board shall have.the authority. te. create ad- visory committese to assist-infulfiliing tho se ere : (a) Any adylsory committee orented: by Review Board shall be subject to the Federal Advisory Committes Act (5 U.8.0. App). ° _ @8C. & REVIEW OF RECORDS BY THE AgSdEaDUA. (a) CusTopY OF Reconns Reviews" sy BOaRD.--Pending the outcome of the Review Board's review activity, s Government office shall retain custody of its assaasination records for purposes of preservation, eecu- rity, and efficiency, unless-- use (1) the Review Board requires the phystcal transfer of records for reasons of conducting an independent and impartial review: or (2) such transfer ts necessary for an admis- istrative hearing or other official Review Board function. . (>) STARTUP REQUIREMENTS.—Tho Review Board shall— () not later than 80 days after the date of its appointment, publizh a schedale for re- view of all assassination records tn the Fed- eral Regtster: and
14-00000 4 e : . abe September 30, 1992 CONGRESSIONAL RECORD— HOUSE H9917 (2) not Inter than 180 dayo after the date of ment of such record or information under gress of its intention to terminate ita oper- enactment of this Act, begin ita review ofas- the standards set forth in section 6, and the ations at a specified dato. sassination records ander this Act. President shall provide the Review Board sec. ia DISCLOSURE OF OTHER MATERIALS AND (c)” DETERMINATIONS oF THH REVIEW with an unclassified written ‘certification ADDITIONAL STUDY. BOARD.—{1) The Review Board ahall direct specifying the President's decision within 30 (8) MATERIALS UNDER BEAL OF Courr.— that all assassination records bo tranamitted days after the Review Board's determination (1) The Review Board may request the At- to tho Arohivist and disclozed to tho public and notice to the executive branch agency as torney General to petition ‘any court in tho in the Collection in the absence of clear and required under this Act, stating the Jus- United States or abroad to release any infor convincing evidence that . Ufcation for the President's decision, in- ‘mation relevant to the sesaesination of (A) 8 Government record is not an asaas-. cluding the applicable grounds for postpone. President John FP. Mennedy that ta held slnation record; or ment under section 6 socampanied by a copy under seal of the court. oo (8) a Government record or particular in- of the Identification afd required under sec- (24) The Review Board may request the formation within..an assaesination record tion 4 . - Attorney General to patition any court in gnalifios ofthe agement of public disclo- “(2)” persone. REVIEW.—Any executive the United States to release any. information On record, the Re- Mente of pertodio review. downgrading and Janction of secrecy of n grand ary, Ty? Aisclogure’ segregable  Ceclasalfication. of classifisd information, (B) A request for disclozars Of assnegizie. patta game oammarica ef such . and public disclosare in the collection set tion: materials.under this Act. shall bo record;and - : i . forth in section 4, deemed to constitute a showing of-partion-__ “By -determine, in consultation with tho (3) Recorp oF PRESIDENTIAL POSTPowE. larized need under Rulo 6 of the Peseral : “ originating body and: consistent with the ..MENT.—Tho Review Board shall, upon its ro. Rales of Criminal Proosdare.' - _ ; a Standards for postponement under this Ao, -Clpt. publish in the Federal Regiater.a copy -- (b) SENsD op Conpnsss.—i¢ ta the pango of -..., Which of tho following alternative forms of. Of ANY unclassified written cer tifloa tion. the Cosgress Bese i diselisers ahall S Statement, and other tranemi| fe bodyp en  bo-made by MO originating ve eon bene of the Prosidont with regard - “Any: on abl: toular % postponement o: assassination records, . -: information on andaselentioe ocregiioaias. (postpones TO PuBilo.—Every %) calendar (i) A substitute record for that {eforma-. “ays, beginning on the date that is 6 oal-. } - Honwhich ts postponed, -_ os ' endar days after the date on which the Re- - : > CUA & _ View Board first oa . Of.disclosare of (Z) A record of review activities, including. ae ; & record of postponement decisions by the: Act revokes or Lumita the « DAD Dare AUTHORITY OVER REVIEW ” Review Board On een ieee es Fhe Gf tho Preakient, amy TION thorized by this Act, and a resord of the vol. Senate, or the House of a -Q) Posi pscLosuRE oR or “amd of recorda reviewed and postponed. any other entity of the j - DISCLOSURE.—After the Review Board has (F) Sugpestions and requests to Congress Holy disciogs records in | ’ made o forme} determination concerning the for additions} legislative authority needa. Dablie disclosure or postponement of disalo- (G) An appendix containing copies af re-
14-0000 cngene « - fast passed.-: -H9918. ; oable only with, 8 spook to the procedars te be followed-{a that Houge, it supersedes _ Gther rules only to the estat that tb te - consistent with sneh rules: (3) with fall recognition of the coastita- | “‘tlonal right-of either House to change the — rules (so far as they relate to the proosdare . of that House) at any time, im the same man- ner, and to the same extent as im the case of .any other rale of that House. SEC. 18. TERMINATION OF EFFECT OF ACT. (a) Paovisions Perraptia To THs Ravisw BoaRD.—The provisions of this Act that per-. tain to the appointment and. operatica of the Review Board shall cease to be effective “, When the Review Board and the terms of its : ‘members have terminated . parsaan’ to" peo- a, Hoe Ko). . : alice ot ie aa the Archivist certifies to. “the President ‘and the Congters ‘that all as- | ‘iestiatiog retords have been made available -* tg the public in socordance with this Act. - ; - §BC. 18, AUTRORIZATION OF APPROPRIATIONS. - ~: (a) DO GENERAL —Thage are authorised to Beryioee ini Ako era LQasry ou Act, (6 remats avaliable Gut expended. | kh." eke wis Terman, Furooxa—Dutl euch snes to. sabe 6 sack sums "ase to. {bir BROOKS. Bpeaker,. I: may ace 8 ‘consent that. all Members. “May. have 3 days in which to revise and." vextend, their remarks, and include ex: . traneous matter... On: th TH. SPEAKER pro tempore. Is ‘there , objection to the request of the gen- _ ‘tleman from Texas? - “There was no objection. “REQUESTING |THE. PRESIDENT TO: -RETURN H.R. 3379, WITH RE- - SPECT TO AUTHORITIES OF AD- --MINISTRATIVE - "CONFERENCE, ~’AND-:. “PROVIDING _ FOR | * REENROLLMENT -' Mr. BROOKS, Mr. Speaker, I- ase” ‘Unanimous: consent to. take from the - Speaker's table the concurrent resolu- ‘tion (H. Con. Res. 366) requesting the Preaident to return the enrolled bill (H.R. 3379) with respect to the authori- tlea of the Administrative Conference, and providing for.its reenrollment with - technical corrections, and aak for ita immediate consideration. The Clerk read the title of the con- current resolution. Vhe SPEAKER pro tempore. Is there objection to the request of the gen- tleman from Texas? - @: Senate, ain ~: TORRES). Is there objection to the re" CONGRESSIONAL RECORD — HOUSE There was no objection. The Clerk read the concurrent reso- lution, as follows: H. Con. Res. $68 ‘Resolved by the House of Representatives (tha Senate concurring), That the President of the United States is requested to return to the House of Representatives the enrolled bill GLB. 3578) with respect to the authorities of the Administrative Conference. The Clerk of the House iz authorised to receive such bill if it is returned when the House is net in see- ‘sion. Upon the return of such bill, the action of the Speaker of the House of Representa- tivea and the Acting President pro tempore of the Senate ia signing it shall be deemed “strike "874" and insert “epg “In the tle of the Bil, strike “GH” and tn: Mr. BROOKS (during ‘the reading). | Mr. Speaker, I ask unanimous consent that.the concurrent resolution be con aidered. om read and Printed | in the ‘REOORD.. "objection to the reatest of ‘the gen Heman from Texas? - : ; bills 1t-fast resolves a aifioalty that vocurred in the other body. Mr. PISH. Mr. Speaker, I withdraw: “my reservation of objection. © - “The: SPEAKER. pro tempore. ‘Ot, quest of the gentleman from Texas?. There waa no objection. — . The concurrent resolution was agreed “A motion to reconsider was laid on the. table. ‘ CONFERENCE REPORT ON 38. 32, NEIGHBORHOOD '. SCHOOLS IM: PROVEMENT ACT’ Mr. FORD of Michigan. Mr. Speaker, - I call up the conference report on the. Senate bill (S. 2) to promote the- achievement’ of national education goals, to measure progress toward such goals, to develop national education standards and voluntary assessments in accordance with such atandards, and to encourage the comprehensive im- provement of America’s neighborhood public schools to improve student achievement, and ask for ita imme- diate consideration. The Clerk read the title of the Senate bill. chairman of the subcommittes® yond . “author of the bill, the. l t, v-.The SPEAKER pro tempore. cs - representatives of education,. business, September 30, 1992 The SPEAKER pro tempore.. Purgu- ant to the rule, the conference separt is considered as having been read, .- .. (For conference report and state- ment, see proceedings of the House. of Priday, September 25, 1992, at page H- — 9507.) The SPEAKER pro tempore. The gen- tleman from Michigan (Mr. Forp) will be recognized for 30 minutes, and the gentleman from Pennsylvania -(Mr. GOODLING) will be recognized : ‘for* 80 minutes. The Chair recognises the gentieman from Michigan (Mr. Forp]. - : Mr. FORD of Michigan. Me. Speaker, I ask unanimous consent to yield ‘the. time of the majority for contret te‘the. Michigan (Mr. Krpex). - objection to the request of the” pen tleman from Michigan? .- . ‘There was Bo objection. : a vedons ‘from the “Benate, most of the funds to local 6 “geform plans have been. develoj _ the State and achool ee enone ; As in the House bil), aystemic:reform . - proposals would be developed “atithe State and local levels by: paneld “made up of representatives of the many enti- ties which have a stake in. improving. achools. ; : These. stakeholders include’ ernors, State legislators, parents,” and other community leaders. However, the plan requirements, have © been significantly streanilined to. focus... primarily on the key elements: af Se, temic reform. x -These elements include - ‘identifying. high goals for student achievement. and ensuring that State and local curric-, “ula, assessments, and teacher-training: programs support the attainment of those goals. At the school district level, funds may be used for developing and carry- ing out districtwide reform plans in- cluding school restructuring. As I mentioned earlier, once the sys- temwide reform plan has been devel- oped, the majority of the funds go to support reform activities in local achools.
14-00000 THE WHITE HOUSE ' Office of the Press Secretary IN THIS DOCUMENT (Paducah, Kentucky) er I ENN E NNN ENS Sn nEEEENETE For Immediate Release October 27, 1992 STATEMENT BY THE PRESIDENT Today I am signing into law S. 3006, the "President John F. Kennedy Assassination Records Collection Act of 1992." This legislation provides for the review and, wherever possible, the release of records about the assassination of President Kennedy that have not yet been made public. I fully support the goals of this legislation. toa In the minds of many Americans, questions about President Kennedy's assassination remain unresolved. Although the Government already has released many thousands of documents, the existence of additional, undisclosed documents has led to speculation that these materials might shed important new light on the assassination. Because of legitimate historical interest in this tragic event, all documents about the assassination should now be disclosed, except where the strongest possible reasons counsel otherwise. While I am pleased that this legislation avoids the chief constitutional problems raised by earlier versions of the bill considered by the Congress, it still raises several constitutional questions. First, S. 3006 sets forth the grounds on which the release of documents may be postponed, but this list does not contemplate nondisclosure of executive branch. deliberations or law enforcement information of the executive branch (including the entities listed in sections 3(2)(G) through (K)), and it provides only a narrow basis for nondisclosure of national security information. My authority to protect these categories of information comes from the Constitution and cannot be limited by statute. Although only the most extraordinary circumstances would require postponement of the disclosure of documents for reasons other than those recognized in the bill, I cannot abdicate my constitutional responsibility to take such action when necessary. The same applies to the provision purporting to give certain congressional committees "access to any records held or created by the Review Board." This provision will be interpreted consistently with my authority under the Constitution to protect confidential executive branch materials and to supervise and guide executive branch officials. Second, S. 3006 requires the Board to report to the President and the Congress. If the bill were interpreted to require simultaneous reports, S. 3006 would intrude upon the President's authority to supervise subordinate officials in the executive branch. I will construe the provisions to require that the Board report to the President before it reports to the congress e Third, the bill purports to set the qualifications for Board members, to require the President to review lists supplied by specified organizations, and to direct the timing of nominations. These provisions conflict with the constitu- tional division of responsibility between the President and the Congress. The President has the sole power of nomination; the Senate has the sole power of consent.’ , % . “ more (OVER)
14-00000 2 I note also that S. 3006 provides that, upon request of the Board, courts may enforce subpoenas that the Attorney General has issued at the Board's urging. I sign this bill on the understanding that this provision does not encroach upon the Attorney General's usual, plenary authority to represent the agencies of the United States, including the Board, whenever they appear in court. S. 3006 will help put to rest the doubts and suspicions about the assassination of President Kennedy. I sign the bill in the hope that it will assist in healing the wounds inflicted on our Nation almost 3 decades ago. i GEORGE BUSH THE WHITE HOUSE, October 26, 1992. # # #
14-00000 > 108 STAT. 3128 Oct. 6, 1994 (H.R. 4569] President John F. Kennedy Assassination Records Collection Extension Act of 1994, 44 USC 2107 note. PUBLIC LAW 103-345—OCT. 6, 1994 Public Law 103-345 108d Congress An Act To extend and make amendments te the President John F. Kennedy Assassination Records Collection Act of 1992. Be it enacted by the Senate and House of Representatives of the. United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may: be cited as the “President John F. Kennedy Assassination Records Collection Extension Act of 1994”. SEC. 2. EXTENSION OF ACT. Section 7(oX1) of the President John F. Kennedy Assassination Records Collection Act of 1992 (44 U.S.C. 2107 note) is amended— (1) by striking “2 years after the date of enactment of this Act” and inserting “ eptember 30, 1996”; and (2) by striking “2-year”. SEC, 3. AMENDMENTS RELATING TO REVIEW BOARD POWERS, Section 7(jX1) of the President John F. Kennedy Assassination Records Collection Act of 1992 (44 U.S.C. 2107 note) is amended— , (1) in subparagraph (E) by striking “and” after the semi- colon; “ (2) in subparagraph (F) by striking the period and inserting sand”; an (3) by adding at the end the following: “(G) use the Federal Supply Service in the same man- ner and under the same conditions as other departments and agencies of the United States; and “(H) use the United States mails in the same manner and under the same conditions as other departments and re agencies of the United States.” SEC. 4. AMENDMENTS RELATING TO REVIEW BOARD PERSONNEL, (a) SECURITY CLEARANCE FOR REVIEW BOARD PERSONNEL.— Section 8 of the President John F. Kennedy Assassination Records Collection Act of 1992 (44 U.S.C. 2107 note) is amended by adding at the end the following: a _ “(e) SEcuRITY CLEARANCE REQUIRED.—An individual employed in any position by the Review Board (including an individual appointed as Executive Director) shall be required to qualify for any necessary security clearance prior to taking office in that posi- tion, but may be employed conditionally in accordance with sub- section (b)(3)(B) before qualifying for that clearance.”, PUBLIC LAW 103-845—OCT. 6, 1994 (b) APPOINTMENT AND TERMINATION OF StaFF, GENERALLY.— Section 8(b) of the President John F. Kennedy Assassination Records Collection Act of 1992 (44 U.S.C. 2107 note) is amended by striking “(b) Starr.—” and all that follows through the end of paragraph (1) and inserting the following: “(b) Starr.—({1) The Review Board, without regard to the civil service laws, may appoint and terminate additional personnel as are necessary to enable the Review Board and its Executive Director te perform the duties of the Review Board.”. (c) REVIEW BOARD ADMINISTRATIVE STAFF.—Section 8(b)(2) of the President John F. Kennedy Assassination Records Collection Act of 1992 (44 U.S.C. 2107 note) is amended— (1) by striking “A person” and inserting “(A) Except as provided in subparagraph (B), a person”; and (2) by adding at the end the ollowing: “(B) An individual who is an employee of the Government may be appointed to the staff of the Review Board if in that position the individual will perform only administrative functions.”. (d) CONDITIONAL EMPLOYMENT OF StaFF.—Section 8(b)(3\B) of the President John F. Kennedy Assassination Records Collection Act of 1992 (44 U.S.C. 2107 note) is amended to read as follows: “(BXi) The Review Board may offer conditional employment to a candidate for a staff position pending the completion o security clearance background investigations. During the pendency of suc investigations, the Review Board shall ensure that any such employee does not have access to, or responsibility involving, classi- fied or otherwise restricted assassination record materials. “(ii) If a person hired on a conditional basis under clause (i) is denied or otherwise does not quality for all security clearances necessary to carry out the responsibilities of the position for which conditional employment has been offered, the Review Board suall immediately terminate the person’s employment.”. (e) COMPENSATION OF Sta¥Fr.--Section 8(c) of the President John F. Kennedy Assassination Records Collection Act of 1992 (21 U.S.C. 2107 note) is amended to read as follows: “(c) COMPENSATION.—Subject to such rules as may be adopted by the Review Board, the chairperson, without, regard to the provi- sions of title 5, United States Code, governing appointments in the competitive service and without regard to the provisions of chapter 51 and subchapter III of chapter 53 of that title relating to classification and General Schedule pay rates, may— “(1) appoint an Executive Director, who shall be paid at a rate not to exceed the rate of basic pay for level V of the Executive Schedule; and ' . “(2) appoint and fix compensation of such other personnel as may be necessary to carry out this Act.”. 108 ST. g Py 44 USC: note.
14-00000 ¥ i ¥ Ya) - A is of this Act tivist certifies vation records nace with this ‘opriated such main, available is are appro- may use such out this Act. hereof to any er of this Act not similarly fected by the ations) and Pt. 2 J, Res. 434, 2B (1992). “Es. This tActtiiay be cited as the “President John F. Kennedy PUBLIC LAW 102-526—OCT. 26, 1992 106 STAT. 3443 Public Law 102-526 102d Congress An Act To provide for the expeditious disclosure of records relevant ta the easaasination of President John F, Kennedy. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. : Assassination Records Collection Act of 1992”. SEC. 2. FINDINGS, DECLARATIONS, AND PURPOSES, “(a) FINDINGS AND DECLARATIONS.—The Congress finds “and declares that— (1) all Government records related to the assassination of President John F. Kennedy should be preserved for historical and governmental purposes; (2) all Government records concerning the assassination of President John F. Kennedy should carry a presumption of immediate disclosure, and all records should be eventually disclosed te enable the public to become fully informed about the history surrounding the assassination; (3) legislation is necessary to create an enforceable, independent, and accountable process for the public disclosure of such records; (4) legislation is necessary because congressional records related to the assassination of President John F. Kennedy would not otherwise be subject’ to public disclosure until at least the year 2029; : so . (5) legislation is necessary because the Freedom of Informa- tion Act, as implemented by the executive branch, has pre- vented the timely public disclosure of records relating to the assassination of President John F. Kennedy; (6) legislation is necessary because Executive Order No. 12356, entitled “National Security Information” has eliminated the declassification and downgrading schedules relating to classified information across government and has prevented the timely public disclosure of records relating to the assassina- tion of President John F. Kennedy; and (7) most of the records related to the assassination of President John F. Kennedy are almost 30 years old, and only in the rarest cases is there any legitimate need for continued protection of such records. - (b) PuRPOSES.—The purposes of this Act are-— (1) to provide for the creation of the President John F. Kennedy Assassination Records Collection at the National Archives and Records Administration; and (2) to require the expeditious public transmission to the Archivist and public disclosure of such records. $3-139 © - $2 (526)
14-00000 te oc ce Se 106 STAT. 3444 44 USC 2107 note, ee oe ed Sea OF - 2 a: ° PUBLIC LAW 102-526—OCT. 26, 1992 SEC. 3. DEFINITIONS. In this Act: (1) “Archivist” means the Archivist of the United States. (2) “Assaasination 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 the possession of— __ (A) the Commission to Investigate the Assassination of President John F. Kennedy (the “Warren Commission”); (8) the Commission on Central Intelligence Agency Activities Within the United States (the efeller Com- mission”); (C) the Senate Select Committee tox@tady Govern- ““ishtal Operatioh® with Respect to Intelligence Activities (the “Church Committee”); (D) the Select Committee on Intelligence (the “Pike Committee”) of the House of Representa “T _.... (E)—the—Select- Committee on Assassinations (the “House Assassinations Committee") of the House of Rep- CF) the Lib y of Congress 6 Library o ; (G) the National Archives and Records Administration; (H) any Presidential library; any inde ent agency; GO) any other office of the Federal Government; and (L) any State, or local Law enforcement office that pro- vided support or assistance or performed work in connec- tion with a Federal inquiry into the assagsination of Presi- dent John F. Kennedy, but does not include the autopsy records donated by the Ken- nedy family to the National Archives pursuant to a deed of gift regulating access to these records, or copies and reproduc- tions made from euch records, (3) “Collection” means the President John F. Kennedy Ascessingtion Records Colecion established thed under section 4. ecutive age means an ive as defined in ‘subsection 652(0 of title 5, United States Code, and includes any Executive department, military department, Government corporation, Government controlled corporation, or other establishment in the executive branch of the Govern- ment, cee ne Executive Office of the President, or any inde ent latory cy. {5) “Government fice” means any office of the Federal Government that has possession or control of assassination records, including— (A) the House Committee on Administration with regard to the Select Committee on Assassinations of the records of the House of Representatives; (B) the Select Committee on Intelligence of the Senate with regard to records of the Senate Select Committee to Study Governmental Operations with Respect to Intel- ence Activities and other assassination records; toe eaten (C) the Library of Congress; (D) the National Archives as custodian of welading the records £ it has obtained or possesses, includi e Commission to Investigate the Assassination of President nT ee H ' SEC. of e1 Admi recor. tion the p Collec relati shall sectio prepa C
14-00000 ites. ated was wise ition an”); ‘om erm~ ides (the Rep- tion; and pro- wesi- Ken- sd of xduc- nedy m 4. sode, . aent, ition, vern- deral ation with — f th nate litlee intel- ation ident PUBLIC LAW 102-526—OCT. 26, 1992 106 STAT. 3445 John F. Kennedy and the Commission on Central Intel- ligence Agency Activities in the United States; and (E) any other executive branch office or agency, and any independent agency. ; (6) “Identification aid” means the written description pre- pared for each record as required in section 4. (7) “National Archives” means the National Archives and Records Administration and all components thereof, including Presidential ‘archival depositories established under section 2112 of title 44, United States Code. (8) “Official investigation” means the reviews of the assas- sination of President John F. Kennedy conducted by any Presi- dential commission, any authorized congréssional committee, and any Government agency either independently, at the request of any Presidential commission or congressional com- mi or at the request of any Sovernment : ficial. . (9 “Originating body* means the SE ney, vern- ment commission, congressional committee, or other govern- mental entity that created a record or particular information within a reco ; (10) “Public interest” means the compelling interest in the prompt public disclosure of assassination records for historical and governmental purposes and for the purpose of fully inform- ing the American people about the histery surrounding the assaasination of President John F. Kennedy. : (1) “Record” includes a book, paper, map, photograph, sound or video recording, machine readable materiai, computer- ized, digitized, or electronic information, regardless of the “medium on -which it is stored, or other documentary material, regardless of its physical form or characteristics, - (12) “Review Board” means the Assassination Records Review Board establighed by section 7. (13) “Third agency” means a Government agency that origi- nated an assassination record that is in the possession of another agency. . SEC. 4. PRESIDENT JOHN F. KENNEDY ASSASSINATION RECORDS COL- LECTION AT THE NATIONAL ARCHIVES AND RECORDS ADMINISTRATION. : (a) In GENERAL.—(1) Not later than 60 days after the date of enactment of this Act, the National Archives and Records Administration shall commence establishment of a collection of records to be known as the President John F. Kennedy Assassina- tion Records Collection. In so doing, the Archivist shall ensure the physical integrity and original provenance of all records. The Collection shall consist of record copies of all Government records relating to the assassination of President John F. Kennedy, which shall be transmitted to the National Archives in accordance with section 2107 of title 44, United States Code. The Archivist shall prepare and publish a subject guidebook and index to the collection. (2) The Collection shall include— (A) all assassination reco (i) that have been transmitted to the National Archives or disclosed to the public in an unredacted form prior to the date of enactment of this Act; . (ii) that are required to be transmitted to the National Archives; or . 44 USC 2107 note. Printing. ez
TT emen carwars mee etnies gee eo a ma 106 STAT. 3446 Preservation. Reet pee 9G ie eee 44 USC 2107 | note, PUBLIC LAW 102-526—ocTr. 26, 1992 A (uli) the disclogure of which ig Postponed under thig ct: (B) a central directory comprised of identification aidg cre- ated for each record transmitted to the Archivist under section 8: an (C) all Review Board records as required by this Act, DIscLosuRE oF REcorps.— Al] assassination records transmitted to the National Archives for disclosure to the public (1) charge fees for co ing assassination resorde: and - @) grant waivers of feeg pursuant G the standards established by section 552(aX4) of ttle 5, United States Code. (d) ADDITIONAL REQUIREMENTS.—(1) The Collection shall be preserved, protected, archived, and made available to the publie~ (2) The National Archives, in consultation with the Information ity Oversight Office, shall ensure the security of the postponed (e) OVERSIGHT.—The Committes on Government Operations of the House of Representativag and the Committes on Governmenta] Affairs of the Senate shall have continuing oversight jurisdiction with respect to the Collection. SEC, 6. REVIEW, IDENTIFICATION, TRANSLUSSION TO THE NATIONAL AND PUBLIC DISCLOgUEE OF ASSASSINATION ' RECORDS BY GOVERNMENT OFFICES, (a) In GENERAL.—(1) Ag 00D 88 practicable after the date of enactment of this Act, each Government office shall identify and organize its records relating te the assaesination of President. John F, Kennedy and prepare them for ission to the Archivist for inclusion in the Collection. (2) No assassination record shall be destroyed, altered, or muti- ; ted in any way. (3) No assassination record made available or disclosed to the public prior to the date of enactment of this Act may be withheld, redacted, postponed for public disclosure, or reclassified. (4) No assassination record created by a Person or entity outside bovernment (excluding. names or identities consistent with the requirements of section 6) shall be withheld, reda for public disclosure, or reclassified, . (b) Custopy oF ASSASSINATION RECORDS PENDING REVIEw.— During the review by Government offices and nding review actiy- ity by the Review Board, each Government office shall retain cus- tody of its assassination records for purposes of preservation, secu- rity, and efficien , unless— : (1) the Review Board requires the Physical transfer of records for purposes of conducting an independent and impar- TEs Ree ante teenie aeene 2 SE m SL. Ac th ar or re
14-00000 nder this i aids cre- er section et. i records the public ble to the rea within md. standards ates Code. 1 shall be the public . Specified, iformation postponed erations of ernmental uriadiction | NATIONAL SSINATION ‘ the date ll identify * President e Archivist d, or muti> _ sed to the : withheld, ity outside with the postponed REVIEW.— view activ- retain cus- ition, secu- cransfer of and impar- hearing or subsection PUBLIC LAW 102-526—OCT. 26, 1992 (c) Review.—(1) Not later than 300 days after the date of enactment of this Act, each Government office shall review, identify and organize each assassination record in its custody or possession for disclosure to the public, review by the Review Board, and transmission to the ivist. . (2) In carrying out paragraph (1), a Government office shall— (A) determine which of ite records are assassination rds; (B) determine which of its assassination records have been officially disclosed or publicly available in a complete and unredacted form; (CXi) determine which of its assassination records, or par- ticular information contained im such a record, was crea’ by a third agency or by ancther Government office; and th aoe ap toa falas infty or other Government office ose -or_perticular _info: n ‘wont in those records, or complete and accurate copies théreof, “= (DXi) determine whether its assassination records or par- ticular information in assassination records are covered by A standards for postponement of public disclosure under this : an . (ii) specify on the identification aid required by subsection (d) the applicable postponement provision contained in section (E) organize and make available to the Review Board all assassination records identified under subparagraph (D) the public gischeure of which in whole or in part may be postponed under ; (F) organize and make available to the Review Board any record concerning which the office-has any. uncertainty as to ether the record is an assassination record governed by reco. . (G) give Priority to (i) the identification, review, and transmission of all — assassination records publicly available or disclosed as of the date of enactment of this Act in a redacted or edited form; and: ot : (ii) the identification, review, and transmission, under the standards for postponement set forth im this Act, of assassination records that on the date of enactment .of this Act are the subject of litigation under section 552 of title 5, United States Code; an (H) make available to the Review Board any additional information and records that the Review. Board has reason to believe it requires for conducting a review under this Act. (3) The Director of each archival depository established under section 2112 of title 44, United States Code, shall have as a priority the expedited review for public disclosure of assassination records in-the possession and custedy of the depository, and shall make guch records available to the Review Board as required by this i. (d) IDENTIFICATION Aips.—(1(A) Not later than 45 days after the date of enactment of this Act, the Archivist, in consultation with the appropriate Government offices, shall prepare and make available to all Government offices a standard form of identification or finding aid for use with each assassination record subject to review under this Act. nies, Xo . Yee . PEGEEE PG Sin oo. Pa . -4e we. - ARE oil 106 STAT. 3447 ro ae wre eee
14-00000 106 STAT. 3448 PUBLIC LAW 102-526—OCT. 26, 1992 information. r Federal al publication. . ment, or withholdi (B) The Archivist shall ensure that the identification aid pro- gram is established in such a manner as to result in the creation of a uniform system of electronic records by Government offices that are com patible with each other. (2) pee completion of an identification aid, a Government office sh (A) attach a printed copy to the record it describes; (B) transmit to the Review Board a printed copy, and (C) attach a printed copy to each assassination record it describes when it is transmitted to the Archivist. (3) Assassination records which are in the possession of the National Archives on the date of enactment of this Act, and whi which have been publicly available in their entirety without redactio: shall be made available in the Collection without any bididonal review by the dtéviow- or another authorized office under this and ehall not be required to have such an identification aid unless required by the Archivist. (e3 TRANSMISSION TO TO THE NATIONAL ARCHIVES.—Each Gévern- ment office shall-——--~ (1) transmit to the Archivist, and make immediately avail- able to the public, all assessination records that can be publicly disclosed, including those that are publicly available on the date of enactment of this Act, w without any redaction, adjust- under the stan of this and : approval for postpone-~ io fon. conn tien of other action pill _sesasaination records “thé “public i been postponed, in whole or’ in part, under the standards of this Act, to part of the é protected ection. - () Custopy OF POSTPONED ASSASSINATION Rscomna.—An assassination record the public disclosure of which has been poned shall, pending transmission to the Archivist, be hel reasons of security and preservation by the originating bod such time as the information security program has on Pores Se at the National Archives as required in section “oo ) Pernropic Review oF PosTPONED ASSASSINATION REcorps.— (1) Al postponed or redacted records shall be reviewed periodically by the originating agency agency and the Archivist consistent with the recommendations of the Review Board under section 9(cK3XB). (2XA) A periodic review shall address the public disclosure of additional assassination records in the Collection under the standards of this Act. (B) All postponed assassination records determined to require continued mement shall require an unclassified written description of reason for such § continued postponement. Such description shall be provided to the Archivist and published in the Federal Register upon determination. (C) The periodic review of postponed assassination records shall serve to downgrade and declassify security information. (D) Each assassination record shall publicly disclosed in full, and available in the Collection no later than the date that is 25 years after the date of enactment of this Act, unless the President certifies, as required by this Act, that— (i) continued ponement is made necessary by an identi- fiable harm to bem military defense, intelligence operations, law enforcement, or conduct of foreign relations; and for adept 08 RELI 2 2 LIE cos ten eC poameeD oee the (hj SEC, 6. or anoi ernme! that it: SEC. 7. EST. RE (a) Est agency a bo Board. (b) App: and consent
14-00000 . aid pro- : creation ‘mation. ste that ess the a identi- rations, PUBLIC LAW 102-526—OCT. 26, 1992 106 STAT. 3449 (ii) the identifiable harm is of such gravity that it outweighs the public interest in disclosure. (h) FOR COPYING.—Executive branch agencies shall— (1) charge fees for co op assassination records; and (2) grant waivers of such fees pursuant to the standards established by section 552(aX4) of title 6, United States Code. RECORDS. Disclosure of assassination records or particular ned sulgjoct in assassination records to the public be subject tot the | limitations of this Act if teehee clears and convincing evidence (1) the threat to the military defense, intelligence oper- ations, or conduct of foreign relations of the United States posed by the public disclosure of the assassination is of such ~ gravi ity that it ou’ tweighs | the public interest, and such public osure would rev (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 dis- closed, the disclosure of which would interfere with the conduct of intelligence activities; or def (C) any other matter currently relating te fe. military ense, intelligence operations or conduct of foreign tions of the United States, the disclosure of which would demonstrably i impair the national security of the United tates; on the public disclosure of the assassination record would reveal the name or identity of a living person who provided confidential information to the United § States and would pose @ substantial risk of harm to that . (3) the public disclosure of the assassination record could reasonab ly be expected to constitute an unwarranted invasion rsonal privacy, and-that invasion ‘of privacy is so substan- fal whee it outweighs the public interest; (4) the public disclosure of the assassination record would compromise the existence of an understanding of confidentiality currently 1 reaueing Protection between a Government agent and a individual or a foreign government, and public disc osure re would be so harmful that it outweighs the public interest; o (5) the public disclosure of the assassination record would ' reveal a security or protective procedure currently utilized, or reasonably to be utilized, by the Secret Service or another Government agency responsib e for protecting Gov-. ernment officials, and public disclosure would be so harmful that it outweighs the public interest. RECORDS REVIEW BOARD. ; (a) EstasLisHment.—There is established as an independent agency a board to be known as the Assassinations Records Review hote. SEC. 6, GROUNDS FOR POSTPONEMENT OF PUBLIC DISCLOSURE OF 44 USC 2107 ‘note, SEC. 7. ESTABLISHMENT AND POWERS OF THE ASSASSINATION (44 USC 2107 (b) APPOINTMENT.—(1) The President, by and with the advice President. and consent of the Senate, shall appoint, without regard to political aed € a ay Cd we ~r cr S oa, ep, * Bat
| i 106 STAT. 3450 PUBLIC LAW 102-526—OCT. 26, 1992 affiliation, § citizens to serve as members of the Review Board to ensure and facilitate the review, transmission to the Archivist, and public disclosure of Government records related to the aassas- sination of President John F. Kennedy. (2) The President shall make nominations to the Review Board not later than 90 calendar days after the date of enactment of is Act. (3) If the Senate votes not to confirm a nomination to the Review Board, the President shall make an additional nomination not later than 30 days thereafter. (4XA) The President shall make nominations to the Review Board after considering persons recommended by the American Historical Association, the Organization of American Historians, the Society of American Archivista, and the American Bar Associa- tion. (B) If an organization described in subparagraph (A) does not recommend at least 2 nominees i ifications stated in paragraph (6) by the date that {9°45 dye after the date of enactment of this Act, the President shall consider for nomination .the persons recommended by the other organizations described in subparagraph (A). nemmagers be Ls peemgiges- “8 eehonge wit (C) President may request an organization described in subparagraph (A) to submit additional nominations. (5) Persons nominated to the Review Board— (A) shall be impartial private citizena, nome of whom is presently employed by any branch of the Government, and none of whom shali have had any previous involvement with any official investigation or inquiry conducted by a Federal, State, or local government, relating to the assassination of President John FE’. Kennedy, (B) shall be distinguished persons of high national profes- ‘sional reputation in their respective fields who are capable __ exercising independen ¢ neceasary to the fulfillment of their role in ensuring and facilitating - the review, transmission to the public, and public disclosure of records related to the assassination of President John F. Kennedy and who possess an appreciation of the value of such material to the public, scholars, and government; and (C) shall imclude at least 1 profeasional historian and 1 attorney. . ; . (ec) Securrry Cizarances.—{1) All Review Board nominees shall be granted the mecessary security clearances in an accelerated manner subject to the standard procedures for granting such clear- ances. ; . (2) All nominees shall qualify for the necessary security clear- ance prior to being considered for confirmation by the Committee on Governmental Affairs of the Senate. (d) CONFIRMATION HEARINGS.—(1) The Committee on Govern- mental Affairs of the Senate shall hold confirmation hearings within 30 days in which the Senate is in session after the nomination of 3 Review Board members. : (2) The Committee on Governmental Affairs shall vote on the nominations within 14 daya in which the Senate is in session after the confirmation hearings, and shall report its results to the full Senate immediately. te engag (2) Am travel expe: for employe title 5, Uni or the Review i G) Dun consider anc office to see (2) In « consider and (A) and (B) - tion in e this Act.
14-00000 at, BB- « Wey f of | ion ated ittee ern- tion the sion crerietn SSS PUBLIC LAW 102-626—OCT. 26, 1992 106 STAT. 3451 (3) The Senate shall vote on each nominee to confirm or reject within 14 days in which the Senate is in session after reported by the Committee on Governmental Affairs. (e) VacaNcy.—A vacancy on the Review Board shall be filled in the same manner as specified for original appointment within 30 days of the occurrence of the vacancy. oO CHAIRPERSON.—The Members of the Review Board shall elect one of its members-as chairperson at ite initial meeting. (g) REMOVAL OF Review BoaRD MEMBER.—{1) No member of the Review Board shall be removed fram office, other than— (A) by impeachment and conviction; or ween (B) by the action of the President for inefficiency, neglect of duty, malfeasance in office, physical disability, mental incapacity, or any other condition that substanti impairs the performance of the member's duties. HENS (2XA) If a member of the Review Board is removed from office, and that removal is by the President,. not later than 10 days after the removal the ident shall submit to the Committee on Government Operations of the House of Representatives and the Committee on Governmental Affaira of the Senate a report specifying the facts found and the grounds for the removal. } The President shall publish in the Federal Register a report submitted under paragraph (2XA), except that the President may, if mecessary to protect the rights of a n named in the report or to prevent undue interference with any oftnding prosecution, postpone or refrain from publishing any or ail of the report the completion of such pending cases or pursuant to privacy protec- tion requirements in law. (3XA) A member of the Review Board removed from office may obtain judicial review of the removal in a civil action com- menced in the United States District Court for the District of Columbia. (B) The member may be reinstated or granted other appropriate relief by order ofthe court. - . COMPENSATION OF MeMBERS.—(1) A member of the Review Board shall be compensated at a rate equal to the daily equivalent of the annual rate of basic pay prescribed for level IV of the Executive Schedule under section 5315 of Gtle 5, United States Code, for each day (including travel time) during which the member is engaged in the performance of the duties of the Review Board. (2) A member of the Review Board shall be allowed reasonable travel expenses, including per diem in lieu of subsistence, at rates for employees of agencies under subchapter I of chapter 57 of title 5, United States Code, while away from the member’s home or regular place, of business in the performance of services for (i) DuTIES OF THE REVIEW BOARD.—({1) The Review Board shall consider and render decisions on a determination by a Government office to seek to postpone the disclosure of assassination records. (2) In carrying out paragraph (1), the Review Board s' consider and render decisions— (A) whether a record constitutes an assassination record; (B) whether an assassination record or particular informa- tion in a record qualifies for postponement of disclosure under is Act. here Federal pablication. Reports.
14-00000 fe 106 STAT. 3452 Reports. PUBLIC LAW 102-526-—OCT. 26, 1992 G) Powers.—(1) The Review Board shall have the authority to act in a manner prescribed under this Act including authority to— - (A) direct Government offices to complete identification aids and organize assassination records; (B) direct Government offices to transmit to the Archivist assassination records as required under this Act, including segregable portions of assassination records, and substitutes and summaries of assassination records that can be publicly disclosed to the fullest extent; (CXi) obtain access to assassination records that have been identified and organized by a Government office; (ii) direct a Government office to make available to the Review and if necessary investigate the facts surround- ing, additional information, records, or testimony from individ- , which the Review Board has reason to believe ig required to fulfill its functions and responsibilities un unde “thig"Act; and (ii) request the Attorney General to subpoena private per- sons to compel testimony, reco records, and ather information rel- evant to its res nsibilities under this Act; peranpen nto “oy any Government office to account in. writing _ for the destruction of any records relating to the assassination of President John F. Kennedy, {E) receive information from the public regarding the identification and public disclosure of assassination records; on hold hearings, administer oaths, and subpoena wit- oa ab naive ea di Ih (1XCXiii) b subpoena issued under p iii may e enforced by any appropriate Federal court acting pursuant to a lawful request of the Review Board. (k) Wrrness ImmMuUNITY.—The Review Board shall be considered to be an agency of the United States for purposes of section 6001 . of title 18, United States Code. (1) Oversicut.—(1) The Committee on Government Operations of the House of Representatives and the Committee on Govern- mental Affairs of the Senate shall have continuing oversight juris- diction with respect to the official conduct of the Review Board and the disposition of postponed records after termination of the Review Board, and s have access.to any records held or created by the Review "Board. (2) The Review Board shall have the duty to cooperate with the exercise of such oversight jurisdiction. (m)- Support Services.—The Administrator of the General Services Administration shall provide administrative services for the Review Board on a reimbursable basis. (n) INTERPRETIVE REGULATIONS.—The Review Board may issue interpretive regulations. (9) TERMINATION AND WINDING Up.—(1) The Review Board and the terms-:of its members shall terminate not later than 2 years after the date of enactment of this Act, except that the Review Board may, by majority vote, extend its term for an addi- tional 1-year period if it has not completed its work within that 2-year period. (2) Upon its termination, the Review Board shall submit reports to the President and the Congress including a complete and accurate account all othe (3) transfer Collecti SEC. 8. (a) the init appoint position (2) private professi: of the « any off of (3X neceséar to the st: (B). ance pric (4) 1 of th pay for th
14-00000 oes “. PUBLIC LAW 102-526—OCT. 26, 1992 106 STAT. 3453 horit accounting of expenditures during its existence, and shall complete hority all other reporting requirements under this Act. (3) Upon termination and winding up, the Review Board shall sation - transfer all of its records to the Archi viet for inclusion in the Collection, and no record of the Review Board shall be destroyed. hivist . SEC. & ASSASSINATION RECORDS REVIEW BOARD PERSONNEL. 4 USC 2107 ‘tutes (a) Executive Drrecror.—{1) Not later than 45 days after "%* blicly the initial meeting of the Review Board, the Review Board shall ‘ appoint one citizen, without regard to political affiliation, to the - been position of Executive Director. | (2) The pereon appointed as Executive Director shall be a » the private citizen of integrity and ‘impartiality who is a ed yund- professional and who is not a present employee of any branch livid- s of the Government and has hed no involvement with uired ; official investigation or inquiry ting to the agsassination - and of ident John F. Kennedy. or ’ ner- (3XA) A candidate for Executive ‘Director shall be granted ‘the eel necessary security clearances in an accelerated manner subject . to the standard  Dosdearea for ting such clearances. itin : (B) A candidate shall for the necessary security clear- ati on ance prior to being approved by the Review Board. a (4) The Executive Director shall-— th ' (A) serve as principal lisison to Government offices; ris: i (B) be res nsible for the administration and coordination Oras; i of the Review ’s review of records; a | (C) k- ~esponsible for the administration of all official wit : activities conducted by the Review Boardand be sO (D) have no authority to decide or whether any to a ! record should be disclosed to the public or postponed for disclo- (5) 5) ‘The Executive Director shall not be removed for reasons ered ‘i other than by a‘majority vote of the Review Board for cause on 3001 ‘ the grounds of inefficien: , neglect of duty, malfeasance in, office, . physical disability, men "incapacity, or any other condition that tons substantially impairs the performance of the responsibilities of the ermn- Executive Director or the chaff of the Review inis- ° (b) StarF.—{1) The Review Board may, in accordance with tard the civil service laws but without to civil service law and the regulation for competitive service as defined in subchapter 1, cha ated ter 33 of title 5, United States Code, appoint and terminate addi- ; tional personnel as are mecessary to enable the Review Board and vith its Executive Director to perform its duties. ’ (2) A person appointed to the staff of the Review Board shall sral be a private citizen of integrity and impartiality who is not a for pad no employee of any branch of the Government and who has ad no previous involvement with any official in tion or sue . inquiry relating to the assassination of President Jobn F (3XA) A candidate for staff shall be granted th ard security clearances in an accelerated manner subject. to the ¢ standard the ProetB) A candidate for the staif shail qualify for th the ; candidate for the 8 ‘or the idi- . security clearance prior to being approved by the “Review Board. rat (c) COMPENSATION.—The Review Board shall fix the com- pensation of the Executive Director and other personnel in accord- rts ance with title 5, United States Code, except that the rate of ate pay for the Executive Director and other personnel may not exceed “Be, om iL et ee PT at -
14-00000 106 STAT. 3454 44 USC 2107 note. Federal fr . publication. ne PUBLIC LAW 102-526—OCT. 26, 1992 the rate payable for level V of the Executive Schedule under section 5316 of that title. . (d) Apvisory Commirrees.—_(1) The Review Board shall have | the authority te create advisory committees to assist in fulfilling the responsibilities of the Review Board under this Act. (2) Any advisory committee created by the Review Board shall be subject to the Federal Advisory Committee Act (5 U.S.C. App.). _ SEC. $. REVIEW OF RECORDS BY THE ASSASSINATION RECORDS REVIEW BOARD. (a) Custopy OF Recorps REVIEWED BY BoARD.—Pending the outcome of the Review Board’s review activity, a Government office shall retain custody of its assassination records for purposes of preservation, security, and efficiency, pnle . ; (1) the Review Board requires the physical transfer of records for reasons of conducting an independent and impartial review; uch fe fe dminis hearing such transfer is necessary for an administrative i or other official Review Board function. (b) StarTuP REQUIREMENTS.—The Review Board shall— (1) not later than 90 days after the date of its appointment; publish a schedule for review of all assassination records in the Federal Register; and (2) not later than 180 days after the date of enactment oft this Act, begin its review of assassination records under thi . (c) DETERMINATIONS OF THE REVIEW BOARD:.—{1) The Review Board shall direct that all assassination records be transmitted to the Archivist and disclosed to the public in the Collection in the absence of clear and convincing evidence that— - (A) a Government record is not an assassination record; r (B).a Government record or particular information within an assassination record qualifies for postponement of public disclosure under this Act. (2) In approving postponement of public disclosure of an assas- sination record, the Review Board shall seek to— (A) provide for the disclosure of segregable parts, sub- stitutes, or summaries of such a record; and (B) determine, in consultation with the originating body and consistent with the standards for postponement under this Act, which of the following alternative forms of disclosure shall be made by the originating body: @ Any reasonably segregable particular information in an assassination reco (ii) A substitute record for that information which is postponed. (iii) A summary of an assassination record. (3) With respect to each assassination record or particular information in assassination records the public disclosure of which is postponed pursuant to section 6, or for which only substitutions er summaries have been disclosed to the public, the Review Board shall create and transmit to the Archivist a report containing— (A) a description of actions by the Review Board, the origi- nating body, the President, or any Government office (including a justification of any such action to postpone disclosure of any record or part of any record) and of any official proceedings le batneme «gh apo * ~ “y ran: Potions sin. Boe tior wit. for sin: sha or apr on the Fec apr Hor
14-00000 a he i nder section i shall have in fulfilling Board shall J.8.C. App.). ‘'N RECORDS Pending the ament office purposes of transfer of ad impartial tive hearing all— ppointment; 1 records in f enactment sords under The Review transmit! ‘ollection in tion record; ition within it of public of an assas- parts, sub- rating body tunder this . losure shall information om which is particular re of which ‘ ibstitutions i view Board ontaining— 1, the origi- 3 ‘(including ‘sclosure of proceedings PUBLIC LAW 102-526—OCT. 26, 1992 106 STAT. 3455 eénducted by the Review Board with regard to specific assas- sination records; and (B) a statement, based on a review of the proceedings and in conformity with the decisions reflected therein, des- ignating a recommended specified time at which or a specified occurrence following which the material may be appropriately disclosed to the public under this Act. (4M A) Followi ite review and a determination that an assas- sination record sh be Pp ublicly disclosed in the Collection or post- ned for disclosure and held.in the protected Collection, the Review Board shall notify the head of the originating body of its determina- tion and publish a copy of the determination in the Federal Register within 14 days after + the determination is made. (B) Contemporaneous notice shall be made to the President Federal for Review Board determinations regarding executive branch assas- ~~ sination records, and to the oversight committees designated in this Act in the case of legislative branch re records. Such notice shall contain a written unclassified justification for public disclosure spplicaon of any of disclosure, including an explanation of the application of any standards contained in section 6. PRESIDENTIAL AUTHORITY OVER Review BoaRD DETERMINA- TIO) no. : (1) PUBLIC DISCLOSURE OR POSTPONEMENT OF DISCLO- suRE.—After the Review Board has made a formal determina- tion concerning the public disclosure or postponement of disclo- sure of an executive ranch assassination record or information within such a record, or of any information contained in an assassination record, obtained or developed solely within the executive branch, the President shall have the sole and non le authority to require the disclosure or ment of such record or information under the stan eet forth in section 6, and the President shall provide the Review Board with an unclassified written certification the President’s decision within 30 days after the Review Board's determination and notice to the executive branch agency as required under this Act, stating the justification for the Presi- dent's decision, including the applicable grounds for postpone- ment under section 6, accompanied by a copy of the identifica- tion aid required under section 4. (2) PERIODIC REVIEW.—Any executive branch assassination record postponed by the President shall be subject te the requirements of periodic review, downgrading and declassifica- tion of classified information, and public disclosure in the collec- tion set forth in section 4. (3) REcoRD OF PRESIDENTIAL POSTPONEMENT.—The Review Board shall, upon its receipt, publish in the Federal Register a copy of any unclassified written certification, statement, and other materials transmitted by or on behalf of the President with regard to postponement of assassination records. (e) Notice To Pupiic.—Every 30 calendar days, beginning on the date that is 60 calendar days after the date on which the Review’ Board first approves the postponement of disclosure of an assassination record, the Review Board shall publish in the Federal Register a notice that summarizes the postponements approved by the Review Board or initiated by the President, the House of Representatives, or the Senate, including a description tor + oy peer Re - Federal a publication. Federal Register, publication. POLS A Cn a, - ety
14-00000 106 STAT. 3456 PUBLIC LAW 102-526—OCT. 26, 1992 of the subject, originating agency, length or other physical descrip- tion, and each ground for postponement that is relied upon. () Reports BY THE Review Boarp.—{1) The Review Board shall report its activities to the leadership of the Congress, the Committee on Government Operations of the House of Rep- resentatives, the Committee on Governmental Affairs of the Senate, the President, the Archivist, and the head of any Government office whose records have been the subject of Review Board activity. (2) The first report shall be issued on the date that is 1 year after the date of enactment of thia Act, and subsequent reports every 12 months thereafter until termination of the Review Board. (3) A report under paragraph (1) shall include the following information: (A) A financial report of the expenses for all official activi- ties and requirements of the Review Board and its personnel. (B) The progress made on review, transmission to the Archivist, and public disclosure of assassination records. (C) The estimated time and volume of assassination records involved in thé completion of the Review Board's performan andy Any ty bi cll d th I 1 y special problems, including requests and the leve | of cooperation of Government offices, with regard to the ability of the Review Board to operate as required by this Act. (E) A record of review activities, including a record - of postponement decisions by the Review Board or other related actions authorized by this Act, and a record of the volume of records reviewed and postponed. CF) Suggestions and requests to Congress for additional legislative authority needs. _ (G) An appendix containing copies of reports of postponed _ records to the Archivist required-under section 9cX3) made since the date of the p ing report under this subsection. (4) At least 90 calendar days before completing its work, the . ; Review Board shall provide written notice to the President and wee Yo. Congress of its intention to terminate ite operations at a specified date. 44 USC 2107 SEC. 10. DISCLOSURE OF OTHER MATERIALS AND ADDITIONAL note. STUDY. (a) MATERIALS UNDER SEAL OF CourT.— (1) The Review Board may request the Attorney General to petition any court in the United States or abroad to release - any information relevant to the assassination of President John ° F. Kennedy that is held under seal of the court. (2XA) The Review Board may request the Atterney General to petition any court in the United States to release any information relevant to the assassination of President John F. Kennedy that is held under the injunction of secrecy of . a grand jury. (B) A request for disclosure of assassination materials under this Act shall be deemed to constitute a showing of mo. . particularized need under Rule 6 of the Federal Rules of Crimi- . nal Procedure. (b) SENSE oF CconGRESS.—It is the sense of the Congress that— (1) the Attorney General should assist the Review Board in good faith to unseal any records that the Review Board wn YR ROS peo recone = ee an al 2S 3 § 22,2.
14-00000 escrip- Board 38, the f Rep- senate, ment etivity. itis 1 reports Board, _ lowing activi- sonnel, to the records rmance 16 level ability cord of related volume ditional stponed } made section. wk, the nt and pecified (TIONAL General. release nt John — General ase any nt John ecrecy of taterials wing of if Crimi- is that— w Board « Board oe eramae cere abet (al ADO cae GEES GD So oO \ PUBLIC LAW 102-526—O0CT. 26, 1992 106 STAT. 3457 determines te be relevant and held under seal by a court or under the injunction of secrecy of a jury; - (2) the Secretary of State should contact the Government of the Republic of Russia and seck the disclosure of all records of the government of the former Soviet Union, including the records of the Komitet Gosudaratvennoy Bezopasnosti (KGB) and the Glaynoye Razvedyvatelnoye Upravieniye (GRU), rel- evant to the assassination of President , and contact any other foreign government that may held information rel- evant to the assassination of President Kennedy and seek dis- closure of such information; and (3) all Executive agencies should cooperate in full with the Review Board to seek the disclosure of all information relevant to the assassination of President John F. Kennedy consistent with the public interest. 6EC. 11. RULES OF CONSTRUCTION. (a) PRECEDENCE Over OTuer Law.—-When this Act requires transmission of a record to the Archivist or public disclosure, it shall take precedence over any other law (except section 6103 of the Internal Revenue Code), judicial decision construing such law, or common law doctrine that would otherwise prohibit such transmission or disclosure, with the exception of deeds governi access to or transfer or release of gifts and donations of records . to the United States Government. (>) Freepom or InrormMaTion Act.—Nething in this Act shall be construed to eliminate or limit any right to file requests with any executive agency or seek judicial review of the decisiona pursu- ant to section 652 of title 5, United States Code. (c) JUDICIAL REvIEW.—Nothing in this Act shall be construed to preclude judicial review, under chapter 7 of title 5, United States Code, of final actions taken or required to be taken under (d) Existinc Auruorrry.—Nothing in this Act revokes or limits the existing authority of the President, any executive agency, the Senate, or the House of Representatives, or any other entity of the Government to publicly disclose records in its possession. (e) RULES OF THE SENATE AND HOUSE OF REPRESENTATIVES.—— To the extent that any provision of this Act establishes a procedure to be followed in the Senate or the House of Representatives, such provision is adopted— 1) as an exercise of the rulemaking power of the Senate and House of Representatives, respectively, and is deemed to be part of the rules of each House, respectively, but applicable only with respect to the procedure to be followed in that House, and it supersedes other rules only to the extent that. it is inconsistent with such rules; and (2) with full recognition of the constitutional right of either House to change the rules (so far as they relate to the procedure of that House) at any time, in the same manner, and to the same extent as in the case of any other rule of that House. SEC. 12. TERMINATION OF EFFECT OF ACT. ‘(a) PRovISIONS PERTAINING TO THE Review BoarD.—The provi- sions of this Act that pertain to the appointment and operation of the Review Board shall cease to be effective when the Review Board and the terms of its members have terminated pursuant to section 7(o). 44 USC 2107 note. 44 USC 2107 note. SP a tote ie 4
14-00000 mee | cma eT SNA EESDEEOEEISA SO 106 STAT. 3458 PUBLIC LAW 102-526—OCT. 26, 1992 44 USC 2107 note. 44 USC 2107 note. (b) OTHER PROVISIONS.—The remaining provisions of this Act shall continue in effect until such time as the Archivist certifies to the President and the Congress that all assassination records have been made available to the public in. accordance with this et. SEC. 13. AUTHORIZATION OF APPROPRIATIONS. (a) IN GENERAL.—There are authorized to.be appropriated such sums as are necessary to carry out this Act, to remain available ato) INTE (b) FUNDING.—Until such time as funds are appro- priated pursuant to subsection (a), the President may use auch sums as are available for discretionary use to carry out thia Act. SEC. 14. SEVERABILITY. If any provision of this Act or the application thereof to any person or circumstance is held invalid, the remainder of this Act and the application of that provision to other persons not similarly situated or to other circumstances shall not be affected by the invalidation. Approved October 26, 1992. LEGISLATIVE HISTORY—S. 3006 (HJ. Res. 454) HOUSE REPORTS: No. 102-625, Pt. 1 (Comm. on Government Operations) and Pt. 2 (Comm. on the Judiciary! both accompanying H.J. Res. 454. SENATE REPORTS: No. 102-328 (Comm. on Governmental Affairs). CONGRESSIONAL RECORD, Vol. 138 (1992: . duly 27, considered and passed Senate. Aug. 11, 12, HLS. Res. 454 considered and passed House. Sept. 30, S. 3006 considered and passed House. WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 28 (1992). Oct. 26, Presidential statement. O panda “re phat
14-00000 4 3 CIA HAS Analysis of the President John F. Kennedy Assassination Records Collection Act of 1992 June 6, 1995 T. Jeremy Gunn
14-00000 -2- Trtro duction ......sscssssscssssssssssseessonsesscssssesesencensecossnessassnsscassesesataneeesessessaesensasseeeeess Part I: Statutory Duties of the Review Board ..............cssscssssssssssscnsnssessenses Part II: Statutory Powers of the Review Board .............sccssecsssosssssesssssssseeoes Enumeration of adl powers .....cccercessrsecssresecesrenesssesececesssseenssenaneenssseeees SUDPOCNA POWEF oesisscssserersssverssssseesescanesssnessecnseesssnenssesscsessanssconensseeeeeneseanens TMMUNAEY POWET ..ccesesscescecersccsrssssssensscsnsenssnssscsnarensesenreseassesecesscsnssnsessenes Power to order federal offices to comply with the JFK Act ......s.0000 Power to require government offices to transfer records to the Review Boat .......scscccscessssssessesscsssecsssseesesesssessesseesecacscessceereesseaes Part III: Review Procedures, Voting, Quorums, a and Transfer of Records to NARA .........c0000008 aesssescendecodeceecsedasseneseceselareebederssnsecetenssseseec sees A. Review Board Quorum and Voting Requirements ...............00000 B. Statutory Constraints on Postponement Decisions .................--+- C. Review Board Reporting Requirements .............::ssssssssesosseseesees ' D. The Role of the President (Executive Branch Records) ............... : E. The Role of the Congress (Legislative Branch Records) .............. F. Transfer of Records to NARA ........cssssssssssesssnssnentssseesenesesnessneneensseeees 10 10 ll 11 12 13 15 15 . 17 18
14-00000 -3- Part IV: Responsibilities of Government Offices under the JFK Act......... Obligations of all government offices possessing assassination POCOTAS ....ccccsccscsvcnnssssssvcecesccessnacensscssssosssencvesescesloceusssessnccacooocessocescovsersseseseses Specific obligation of Presidential and other libraries to Comply With the JFK ACE ....scecssecsvsssescsscsssessessesssssseseeccsssecssesssessseesseeses .. General obligations to cooperate with the Review Boat ...........000 Specific obligations of Justice and State to cooperate with the Review Boar ....eecsssesccosssscsesesssssccsccesscsssssssssscsrscssescsssonsesssssesseseceensesesesese 18 18 19 19. 19
Introduction This memorandum analyzes the principal duties, responsibilities, and procedures of the Assassination Records Review Board (Review Board) and other government offices under the President John F. Kennedy Records Collection Act of 1992 (the “JFK Act” or “the Statute”). Because the JFK Act establishes the duties and powers of the Assassination Records Review Board, it is important to understand the scope of the Statute's provisions and anticipate its potential pitfalls. This memorandum ~ which is based principally on an analysis of the JFK Act and its Senate Report’ — identifies: (a) the statutory provisions governing the Review Board's duties, including all of the Board's reporting obligations under the Statute; (b) the Board’s powers under the JFK Act; (c) the statutory procedures governing the review process;* and (d) the responsibilities of other governmental entities to further the goals of the Statute.* Part I: Statutory Duties of the Assassination Records Review Board The JFK Act does not systematically set forth the duties of the Review Board. Rather, the description of the Board's duties are interspersed among several different statutory ) 'S. Rep. No. 102-328, 102d Cong., 2d Sess. (1992) (“Senate Report”), reprinted in part, in 1992 U.S.C.C.A.N. 2965. The Senate Report provides, inter alia, a section-by- section analysis of the final Senate version of the JFK Act. *This memorandum does not address the substantive guidelines pertaining to - postponements that are addressed in Section 6. *This memorandum is designed to identify comprehensively the issues that are of immediate importance and concern to the Board. Accordingly, some important statutory provisions that are not of immediate concern are not discussed. For example, there is no discussion of the qualifications or appointment of Board members (Sec. 7(b)), removal of Board members (Sec. 7(g)), definitions (unless they pertain to the review process or the powers of the Board) (Sec. 3), or provisions pertaining to the hiring of staff (Sec. 8(b)).
~5-. provisions.* With the exception of the Board's procedural duties related to the review process, which will be described in Part I below, the remaining duties (including reporting obligations) of the Board are as follows: . First, the Board should publish a schedule for review of records in the Federal Register. “The Review Board shall . . . not Jater than 90 days after the date of its appointment, publish a schedule for review of all assassination records in the Federal Register.” Sec. 9(b)(1). The Statute does not disclose the meaning of “schedule” — that is whether it is a list or a time-frame. Assuming an.enactment date of October 6, 1994, a “schedule” should have been published by January 2, 1995. Although the Review Board does not have sufficient information to draft or to describe with particularity such a schedule, it would be advisable to prepare promptly a general schedule so that the Board will come into compliance as soon as possible with this provision of the Statute. “ a “The sections of the JFK Act may be described as follows: Section 1 Short Title Section 2 Findings, Declarations, and Purposes Section 3 Definitions Section4 | Creation and Implementation of the JFK Collection at NARA Section 5 Government Office Responsibilities (identify, review, and transfer records) . Section6 | Grounds for Postponement of Assassination Records Section7 Establishment and Powers of Review Board Section 8 Review Board Staff Section 9 Review of Records by the Review Board Section 10 Records Under Seal; Foreign Records Section11 Rules of Statutory Construction Section 12 Termination of the JFK Act Section 13. Appropriations 7 Section14 Severability Clause , ‘Several of the Board's reporting obligations are triggered by the date of enactment of the Statute. In addition to the requirement to publish a schedule raised above, another such example is that the Board's first annual “report shall be issued on the date that is 1 year after the date of enactment of this Act... .” Sec. 9(f)(2). Technically, the date of enactment was October 26, 1992, although this memorandum will assume that the “date of enactment” for the Board's purposes — although not for the purposes of the obligations of other government offices — was October 6, 1994, the date the technical amendments were enacted. Pub.L. 103-345 §§ 2 to 5, 108 Stat. 3128- 3130.
-6- Second, the Board should have begun its review of records by the first week of April, 1995. “The Review Board shall .. . not later than 180 days after the date of enactment of this Act, begin its review of assassination records under this Act.” Sec. 9(b)(2). Technically, the Board has begun its review — although it has as of yet made no final — decisions. In order to comply with the “spirit” of the Statute, the Board should begin making decisions promptly. Third, the Board must submit four ongoing reports regarding the results of its decisions ta postpone or to release information. The Board has four separate reporting _ requirements for describing the ongoing results of its decisions. First, the Board is required to report the results of its decisions on a document-by-document basis to the government office whose records it is reviewing as well as to the President (or to . Congress in the case of legislative records). Second, the results of decisions must be reported in the Federal Register within 14 days of the date of the decision. Third, the Board must make a monthly summary report in the Federal Register. Fourth, the Board must prepare a document-by-document report to be submitted to NARA that describes the decision-making process for each record. Sec. 9(c)(3). Fourth, the Board must produce an Annual Report to Congress. The Board must submit an Annual Report to Congress on the anniversary of the enactment of the legislation. Thus the Board's first Annual Report is due on or before October 6, 1995. The Annual Report must include information on the following topics: (a) finances; (b) progress made on review; (c) estimates for completion of the review; (d) any special problems (including the degree of cooperation of government agencies); (e) a record of the volume of records reviewed and a summary of decisions; (f) an explanation of any additional needs of the Review Board; and (g) an appendix containing copies of reports of postponed records. Sec. 9(f)(3). Fifth, the Board must produce a Final Report. “Upon its termination, the Review Board shall submit reports to the President and the Congress including a complete and accurate accounting of expenditures during its existence, and shall complete all other reporting requirements under this Act.” Sec. 7(0)(2). . Sixth, the Board must inform the President and Congress in advance of the termination of its activities. The Review Board must give Congress 90 days notice of the anticipated termination date for its operations. Sec. 9(f)(4). Seventh, the Board must transfer its own records to NARA. “[A]ll Review Board records” are to be transferred to NARA. Sec. 4 (a)(2)(C). See also 7(1) and 7(0)(3). The Statute is silent on the question whether the Review Board must prepare Record Identification Forms (or Identification Aids) for its own records prior to their
submission to NARA. Eighth, the Review Board is under the Oversight Jurisdiction of the Appropriate Senate and House Committees. The Review Board operates under the continuing oversight jurisdiction of House and Senate committees. Sec. 7(1). Part II: Statutory Powers of the Review Board. The powers granted to the Review Board are not listed in any single section of the Statute, but are instead interspersed throughout. The Review Board's powers will first be enumerated below, followed by a more detailed discussion of the four most significant powers: the subpoena power; the power to grant immunity; powers to order federal agencies to comply with the Statute; and the power to require the transfer of records to the Review Board.° Enumeration of powers. The JFK Act grants the Review Board the authority to: (1) “direct Government offices to complete identification aids and organize assassination records” Sec. 7(j)(1)(A). -. (2) “direct Government offices to transmit to the Archivist assassination records” Sec. 7(j)(1)(B); see also Sec. 9(1). (3) “direct Government offices” to provide “substitutes and summaries of [postponed] assassination records” Sec. 7(j)(1)(B) (emphasis added). (4) “obtain access to assassination records that have been identified and organized by a Government office” Sec. 7(j)(1(C)(i). (5) “direct a Government office to ... make available additional information, records, or testimony from individuals” and, “if necessary|,] investigate the facts surrounding additional information, records, or testimony from ' individuals” provided that the “Review Board has reason to believe” that obtaining such additional information “is required to fulfill its functions and responsibilities under this Act.” Sec. 7(j)(1)(C)(ii). ‘The Board is given some additional authority that is not important for present purposes, such as the power to “receive information from the public,” “use the Federal Supply Service” and “use the United States mails ....” Sec. 7(j)(E), (G), and (H). The Review Board also may use the services of GSA. Sec. 7(m).
(6) (7) (8) (9) (10) (a1) (12) (13) (14) (15) -8- “request the Attorney General to subpoena private persons to compel testimony, records, and other information” Sec. 7(j)(1)(C)(iii) (see discussion below). “tequire any Government office to account in writing for the destruction of any records relating to the assassination” Sec. 7(j)(1)(D). “hold hearings, administer oaths, and subpoena witnesses and documents.” Sec. 7(j)(1)(F) (see discussion below)... grant immunity to witnesses. Sec. 7(k)’ (see discussion below). issue interpretive regulations. Sec. 7(n). extend its tenure by one additional year from September 30, 1996 to September 30, 1997. Sec. 7(0)(1). create advisory committees Sec. 8(d)(1). require Government offices to transfer assassination records to the Review Board. Sec. 5(b); Sec. 5(c)(2)(E); Sec. 9(a) (see discussion below). “request the Attorney General to petition any court in the United States or abroad to release any information relevant to the assassination .. . .” Sec. 10(a)(1) (see discussion in Part IV below). “request the Attorney General to petition any court in the United States to ~ release any information relevant to the assassination . . . that is held under the injunction of secrecy of a grand jury.” Sec. 10(b)(1).® (see discussion in Part IV below). Subpoena power. The JFK Act is ambiguous with respect to the Review Board's subpoena powers. The Statute refers to the subpoena power in two provisions. The Statute first states that the Review Board has the authority to “request the Attorney General to subpoena private persons to compel testimony, records, and other information” Sec. 7(j)(1)(C)(iii) (emphasis added). This provision may be read in one of ‘Items (1) through (9) are also identified in the Senate Report 42-43. ‘Such requests are deemed to constitute “a particularized need” under Rule 6 of the Federal Rules of Criminal Procedure. Sec. 10(a)(2)(B).
-9- | two different ways. It could be read to give the Board authority only to request the assistance of the Attorney General, but not to have the authority to issue subpoenas on its own behalf. The second way of reading the provision is that the Board has the - power to issue subpoenas on its own authority and that it may request the Attorney General to provide assistance to the Board in issuing such subpoenas. The second provision of the Statute that addresses the subpoena power provides that the Board may “hold hearings, administer oaths, and subpoena witnesses and documents.” Sec. 7(j)(1)(F) (emphasis added). This second provision is also ambiguous. There are at least three different ways that it could be read. First, it could be read in tandem with the earlier provision, meaning that the Board may issue subpoenas only with the Attorney General's authorization. Second, it could mean that the Board may : issue subpoenas on its own authority, but only as ancillary to holding hearings. Finally, the provision could be a simple and direct grant of authority to the Review Board to issue subpoenas. Although the Statute on its face does not clearly require or exclude any of these interpretations, the Senate Report provides useful guidance in its statement that the Review Board has the full power to issue subpoenas on its own authority and that the role of the Attorney General is simply to provide additional assistance to the Board. The Senate Réport interprets the JFK Act as providing that: “[T]he Review Board ... has the authority to subpoena private persons and to enforce the subpoenas through the courts.” Because the Senate Report speaks clearly, and because it can be read consistently with — the Statute,” the Review Board may reasonably conclude that it may issue subpoenas — on its own authority and that the role of the Attorney General is to provide assistance to ~ the Board." However, because there is a degree of ambiguity in the Statute, it would be prudent for the Board to reach an understanding with the Attorney General prior to the issuance of its first subpoena. %Senate Report 19 (emphasis added). "Under federal law, an agency is entitled to “substantial deference” when interpreting its own enabling legislation, provided that its interpretation is “reasonable.” "Moreover, it should perhaps be noted that the grant of the subpoena power to an agency, such as the Board, implies that the power may be extended to the staff when acting in accordance with the Board's authority. See Administrative Procedure Act, 5 US.C. 556(c).
-10- Immunity power. The Board is granted the power to immunize witnesses from criminal prosecution. Sec. 7(k). This is an important power that can be very useful in eliciting testimony from reluctant witnesses. Because granting of immunity may affect the prosecutorial function, it would be advisable to consult in advance with the Attorney General regarding the manner and procedures for immunizing witnesses. Power to order federal offices to comply with the JFK Act. The Board is given the authority to order government offices within the executive and legislative branches to comply with the terms of the JFK Act.” Thus the Board may “direct a Government . office to... make available additional information, records, or testimony from individuals” and, “if necessary[,] investigate the facts surrounding additional information, records, or testimony from individuals” provided that the “Review Board has reason to believe” that obtaining such additional information “is required to fulfill its functions and responsibilities under this Act.” Sec. 7()(1)(C)(ii). The Senate Report speaks of this particular power as being “extremely important to the proper implementation and effectiveness of the Act because it provides the Review Board with the authority to seek the fullest disclosure possible by. going beyond the information and records which government offices initially chose to make available to the public and the Review Board.”” The Report further presumes that all government offices should “comply expeditiously to satisfy the Review Board’s request and need for access.”"* The Senate Report summarizes this by stating that: “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.”* Although the Board is granted the power to order government offices to comply, there remains the question of what measures are available to the Board in order to enforce compliance. The Statute does not, however, answer this question. Under general provisions of federal law, one agency does not have the power to seek judicial relief. against another agency unless it is specifically granted power to do so in its enabling . ’The Statute defines “government office” as “any office of the Federal Government that has possession or control of assassination records” (Sec. 5), which would seem to extend to the judiciary as well. However, the specific examples listed in Section 5 are all from the executive and legislative branches. "Senate Report 31. ‘Senate Report 31. 'SSenate Report 19 (emphasis added).
14-00000 -ll-- legislation. The JFK Act does not clearly provide the Board with such power. In the absence of any statutory provision, inter-agency legal disputes are traditionally resolved by seeking the opinion of the Attorney General.’® “The issuance of an Attorney General's opinion is frequently used to settle inter-agency disputes .... Professor Peter Strauss states: ‘Once the agencies have received advice from the Attorney General, they may lack the means to generate valid litigation that would test its correctness... ./”"” Power to require government offices to transfer records to the Review Board. Government agencies are to maintain custody of their own records during the review process unless “the Review Board requires the physical transfer of records for purposes of conducting an independent and impartial review” or “transfer is necessary for an administrative hearing or other Review Board function .. . .” Sec. 5(b). See also 5(c)(2)(E); Sec. 9(a). Agencies also are instructed to make records available for the Review Board's inspection. Sec. 5(b) and 5(c)(2)(E-F); 5(c)(2)(H) — including any records about which there is any uncertainty as to whether they are assassination records. Sec. 5(c)(2)(F). Agencies also must “[mJake available to the Review Board any additional information and records that the Review Board has reason to believe it requires for conducting a review under this Act.” Sec. 5(c)(2)(H). Part III: Statutory Guidance on Review Procedures and Transfer of Records to NARA. . The JFK Act establishes general guidelines for the procedures to be followed in reviewing records. The basic procedures are relatively straightforward: government offices that possess assassination records are to locate and review the records to determine what can be released and what should be postponed. The postponed records are then to be made available to the Review Board for its independent assessment. But there are many questions left unanswered. For example, agencies are allowed to present “clear and convincing evidence” in order to sustain their postponements, but no '6The President could, of course, solve the political aspects of an inter-agency dispute by ordering the relevant agency to comply with his directives. "William F. Fox, Jr., Understanding Administrative Law 60 (2d ed. 1992) (quoting Peter Strauss, An Introduction to Administrative Justice in the United States 101 n.152 (1989)).
14-00000 -~1]2- mechanism is established for when and how such evidence should be presented.” The JFK Act provides two types of guidance relating to the review process. First, the Statute provides substantive guidance relating to postponements. Second, the Statute explains the basic procedural steps that follow from the Review Board's decisions. This memorandum addresses only the procedural steps established by the Statute.” A. Review Board Quorum and Voting Requirements. - The JFK Act does not directly address quorum or voting requirements for Board meetings. The sole relevant guidance from the Act is its repeated statement that it presumes disclosure, which suggests that a majority of the members of the Board would need to vote for a postponement (rather than requiring a majority to vote for a release) in order for the postponement to be sustained.” '§Given the absence of clear statutory guidance on the question of when agencies should be able to present their evidence, it would be appropriate for the Review Board to consult with the government offices to determine efficient, fair, and reasonable procedures to afford opportunities to present evidence. The Senate Report offers the following guidance: “to the extent possible, consultation with the government offices creates an understanding on each side as to the basis and reasons for their respective recommendations and determinations.” Senate Report 31. The substantive rules relating to postponement decisions will be addressed i ina separate memorandum. *See, for example, “The underlying principles guiding the legislation are independence, public confidence, efficiency and cost effectiveness, speed of records disclosure, and enforceability. In order to achieve these objectives, the Act creates a presumption of disclosure upon the government, and it establishes an expeditious process for the review and disclosure of the records.” Senate Report 17. The JFK Act is, however, silent on several procedural issues affecting internal Review Board decisionmaking, including: (a) whether Board voting must be by a majority or supermajority; (b) whether the statutory presumption of disclosure necessarily implies that a majority (or supermajority) must vote against release rather than requiring a majority (or supermajority) to favor release: (c) whether the statutory presumption favoring disclosure implies that a “tie vote” requires release of information; (d) what constitutes a quorum for the purpose of decisions on the release of information and for other purposes; (e) whether the Board may delegate some or all of its postponement
-13-- The Administrative Procedures Act, which regulates agency rulemaking and establishes federal agency notice and publication requirements, does not establish rules governing agencies’ internal rulemaking and voting requirements, although the Sunshine Act does establish some limited voting requirements related to decisions on holding meetings.” Similarly, Executive Order 12,866 (Sept. 30, 1993), exempts from reporting requirements those rules that “are limited to agency organization, management, or personnel matters ....”” Accordingly, the significant legal restriction on the Board's internal voting procedures, quorum requirements, and other internal operating procedures, is that they be reasonable and rational.” It would be advisable for the Review Board to establish voting and quorum requirements as soon as practicable. Although the law does not require the formal establishment of voting and quorum requirements, it would probably be advisable for the Board to establish such rules (subject to later revision or amendment) and to make the rules and procedures available for public inspection in the Reading Room. B. Statutory Constraints on Postponement. Decisions. The Statute provides that when postponements are sustained in whole or in part, the Board must nevertheless disclose as much information as possible — including through the use of substitute language. The Statute requires that whenever a record cannot be decisions to subcommittees of the Board; (f) whether a roll-call is required; and (g) whether the votes of the individual members must be recorded. *1The relevant portion of the Administrative Procedure Act provides that the reporting requirements that pertain to most federal rulemaking procedures do not apply to an agency's “interpretive rules, general statements of policy, or rules of agency organization, procedure, or practice ....” 5 U.S.C. 553(b)(A). The Administrative Procedures Act contains some quorum and voting requirements with respect to noticing meetings. 5 U.S.C. 552b. 2FExec. Order No. 12,866. See, forexample, Idaho v. ICC, 939 F.2d 784, 788 (9th Cir. 1991) (“In the absence of Congress’ explicit direction, the [Interstate Commerce] Commission is empowered to prescribe regulations and procedures to carry out [its obligations under its enabling statute]. We need only satisfy ourselves that the Commission set forth a rational basis for its notational vote counting policy.”)
~14-. disclosed in its entirety, the Review Board shail attempt to “provide for the disclosure of segregable parts, substitutes, or summaries of such a record.” Sec. 9(c)(2)(A). These substitutes shall be performed “in consultation with the originating body and consistent with the standards for postponement under this Act ....” Sec. 9(c)(2)(B). Although this language provides that the substitutes shall be drafted in consultation with the agencies, the Statute does not disclose when, how, or under what circumstances such consultations should take place.“ The Senate Report nevertheless presumes that because the Statute mandates broad disclosure, the need for such summaries will be infrequent. . While it is intended that government office[s] shall have the ability to issue such substitutes or summaries in lieu of an actual record, this practice should be limited to the rarest cases if ever, with the understanding that the release of information other than official records will perpetuate public distrust and undermine public confidence in the government's responsibility to disclose the assassination records.” *The Statute requires that: all postponed assassination records determined to require continued postponement shall require an unclassified written description of the reason for such continued postponement. Such description shall be provided to the Archivist and published in the Federal Register upon determination. Sec. 5(g)(2)(B). The Statute does not state which entity bears the responsibility for drafting written explanations for continued postponements. Because the requirement is placed in Section 5 of the JFK Act, it would appear that the obligation would belong to the Government office that was in possession of the records in question. The specific. provision in which the requirement appears, Subsection (g), is titled “Periodic review of - postponed assassination records.” Thus the location of the requirement within the Statute, the title of the section, and the subtitle of subsection all point to the requirement of drafting the written description for the reason for the postponement as adhering to the Government office where the record originated. Although neither the language nor the location of the subsection obligates the Review Board to undertake the responsibility, it may, as a practical matter, be advisable for the Review Board to accept the burden. °Senate Report 45.
-15-. C. Review Board Reporting Requirements. Once the Review Board has made its decision, it must report the results to the. government office whose record has been reviewed, to the President (or Congress), to NARA, and in the Federal Register. (See Part labove.) The Board must not only report its decisions in a timely manner, but it must report specific types of information about its decisions. Timing of reports. After a decision is made to postpone or to release a document, “the Review Board shall notify the head of 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.” Sec. 9(c)(4)(A). At the same time (i.e., within 14 days), the - Review Board must give notice regarding its decisions to the President (for Executive Branch records) or to the Congressional oversight committees (for Legislative Branch records). Sec. 9(c)(4)(B). In addition, there must be ongoing monthly reports to the Federal Register. . Content of the Reports to the President, Congress, and the originating office. The Report to the President (or Congress) and to the originating office “shall contain a written unclassified justification for public disclosure or postponement of disclosure, . including an explanation of the application of any standards contained in section 6.” Sec. 9(c)(4)(B). Content of monthly reports in the Federal Register. There must be a “Notice to the Public” of decisions once every 30 days in Federal Register. (Sec. 9(d)(3)). These notices must include “a description of the subject, originating agency, length or other physical ' description, and each ground for postponement that is relied upon.” Sec. 9(e). Content of the Report to NARA. For each postponed record, the Board must send a Report to the Archivist containing the following information: (a) a description of actions; and (b) a specified time or occurrence for the record to be opened. (Although the Statute requires a form for NARA and for the Agencies, it appears that the forms could easily be consolidated so as to include the relevant information and prevent unnecessary duplication.) D. The Role of the President (Executive Branch Records). The Statute provides no clear guidance with respect to the mechanics of Presidential review of Board decisions. It is frequently assumed in discussions of the JFK Act that the President's role is that of route of appeal for an agency that is displeased with a
-16- . decision by the Board. This is not, however, what the Statute provides. According to the Statute, the President possesses the full power and authority to make all decisions for both postponement and disclosure of executive branch records.* According to the Statute, once the Board makes a . formal determination ... the President shall have the sole and nondelegable authority to require the disclosure or postponement of such record or information under the standards set forth in section 6, and the President shall provide the Review Board with an unclassified written certification specifying the President's decision with 30 days... stating the justification for the president's decision, including the applicable grounds for postponement under section 6, accompanied by a copy of the identification aid.... . Sec. 9(d)(1) (emphasis added)” This language clearly suggests that it is not the Board that makes decisions, subject to appeal by the President, but it is the President that makes decisions after having been informed of the Board’s “formal determination.” The Senate Report makes the same point: “the President has the sole and nondelegable authority to require the disclosure or postponement of such record or information °The provision acknowledging presidential authority over executive branch records intentionally excluded the President from any responsibility over legislative branch records. Senate Report 32. The Senate Report recognizes that there might be a dispute between the President and the Congress with respect to identifying records as - executive or congressional: For example, within the files of the House Select Committee on Assassinations (HSCA) there are staff notes [that] rely in part on information obtained or developed by the CIA. Under the ‘third agency’ rule in the Act, the CIA could choose to recommend that the Review _ Board postpone those portions which it identifies as originating at the CIA. If the Review Board declined the recommendation and the President sought to override the determination, the President would be limited to postpone those sentences or words which were originated or developed by the CIA. The remainder of the document would have to be publicly disclosed. Senate Report 32. 77Postponement decisions made by the President continue to be subject to periodic review and downgrading. Sec. 9(d)(2).
14-00000 -17-. under the standards set forth in section 6, and the President must provide the Review Board with an unclassified written certification specifying his decision within 30 days after the Review.”” Although the Statute requires the President to be faithful to the requirements of section 6 of the Act when making his decisions, there is no procedural mechanism either to ensure that the President fulfills this responsibility or that he complies within the statutorily mandated 30 day period. , Given these constraints, jt would seem advisable for the Review Board to begin negotiations with the White House for the disposition of records once the Board has made its “formal determination.” It may be that the White House, which no doubt does not want to be distracted from its other duties by confronting the task of a document- by-document review, will be willing adopt a procedure that effectively ratifies the Board's decision within thirty days unless an agency makes a particularized appeal. The Statute does not seem to require the President to make such an agreement, but it would seem to be consistent with the Statute, to be time and effort efficient, and to spare all parties needless confusion. Once the Review Board is notified of the President's decision, it must memorialize that decision on the record form that it forwards to NARA. Sec. 9(d)(3). E. The Role of the Congress (Legislative Branch Records). Unlike Executive Branch records, where the President retains final decisionmaking authority, legislative records are not subject to further procedural review by Congress. Although Congress must be notified of the Board's decisions, it does not have a role comparable to that which the President retains for executive branch documents. The Review Board's decisions are thus automatic, with one important exception: Congress retains the power to pass a resolution in both houses to limit the Review Board's actions. The Senate Report explains that “[flor congressional records, in the event that the Congress disagrees with a determination by the Review Board, each House would be required to adopt a resolution to change or create a rule governing the disposition of its records at issue.”” This suggests that Congress will remove itself from the **Senate Report 46. *° Senate Report 18. Elsewhere the Report explains this in somewhat different terms: when documents contain both executive and legislative equities, the President may protect only executive branch interests. “The remainder of the document would
-18-. document-by-document review process, but could undercut the Review Board's decisions if it becomes sufficiently disturbed by the Board's decisions. F, Transfer of Records to NARA. Once the executive and legislative branch records decisions are final, the Board is required to transfer the original records and identification forms directly to NARA. Sec. 4 (d)(2). The Senate Report clearly anticipates that all originals will be transferred to the JFK Collection, regardless of whether there are continuing postponements. “The Committee believes that such review should occur at a single facility. That will be most effectively achieved by bringing the review committee to the documents and not vice versa. ...[T]here is less likelihood of loss or destruction, and therefore ease of access at a single central location.” The records at NARA will be subject to periodic and continuing review, even after the Review Board ceases to operate. The periodic review will be conducted jointly by NARA and the originating body. “All postponed or redacted records shall be reviewed periodically by the originating agency and the Archivist consistent with the recommendations of the Review Board under section 9(c)(3)(B).” Sec. 5(g)(1)..For - -..- congressional records, the House and Senate committees “shall have continuing . oversight jurisdiction with respect to . .. the disposition of postponed records after termination of the Review Board.” Sec. 7(1). The Act “shall continue in effect until such time as the Archivist certifies to the President and the Congress that all assassination records have been made available to the public in accordance with the Act.” Sec. 12(b).- PartIV: Statutory Responsibilities of Government Offices under the JFK Act Obligations of all Government offices possessing assassination records. The Statute required all government offices possessing assassination records to “review, identify and organize each assassination record in its custody or possession for disclosure to the public, review by the Review Board, and transmission to the Archivist.” Sec. 5(c)(1). This provision effectively ordered agencies to have completed the review process by August, 1993. The Senate Report is even more explicit: “Government offices holding assassination records are required to begin organizing and reviewing such records have to be publicly disclosed.” Senate Report 32. Senate Report 25.
~19- upon enactment and have this work completed within ten months of enactment.”*! Specific Obligation of Presidential and Other Libraries to Comply with JFK Act. The Statute instructs Presidential libraries to give priority to processing assassination records. Sec. 5(c)(3). According to the Senate Report, the JFK Act “specifically requires the directors of presidential libraries to expedite the review of all assassination records and make them available to the Review Board as required by this Act. It is incumbent on the presidential libraries to determine which of its records may qualify as ‘assassination records’, regardless of whether the records were conveyed to the government by a deed or gift or donation... .“ General Obligations to Cooperate With the Review Board. In addition to their statutory obligations to identify and review assassination records, it is the sense of Congress that “all Executive agencies should cooperate in full with the Review Board to seek the disclosure of all information relevant to the assassination of President John F. Kennedy consistent with the public interest.” Sec. 10(b)(3). Specific Obligations of Justice and State to Cooperate With the Review Board. The Department of Justice and the Department of State are given particularized responsibilities to assist the Review Board. The Attorney General is to assist in issuing subpoenas, obtaining court records, and obtaining Grand Jury testimony under seal. Sec. 10(a)(1)-(2) and 10(b)(1). The Statute also provides that it is “the sense of Congress” that the Secretary of State should assist the Review Board in obtaining records from foreign governments. Sec. 10(b)(2). 1Senate Report 18. See also ibid at 38, 39 (300. days). **Senate Report 26.
14-00000 ADMINISTRATIVE - INTERNAL USE ONLY From the Desk of Robert J. Eatinger NOTE FOR: J. Barry Harrelson @ DA FROM: Robert J. Eatinger @ DCI DATE: 06/14/95 06:14:47 PM SUBJECT: ARRB Questions The JFK Assassination Records Review Board (ARRB) has indicated that they wish to take possession of the original records from CIA in order to conduct their review of the postponements sought by the Agency those records. Further, the ARRB has stated that the JFK Act (44 USC 2107 note} gives them the responsibility for transferring records to the National Archives and Records Administration, not the originating agency. You asked me te review the JFK Act and comment on these positions. The JFK Act provides that the original records are to be held by the originating agency unless physical transfer is required to let the Board do its job. The Act states at section 9(a}: Pending the outcome of the Review Board's review activity, a Government office shall retain custody of assassination records for purposes of preservation, security, and efficiency, unless~ {1} the Review Board requires the physical transfer of records for reasons of conducting an independent and impartial review; or {2} such transfer is necessary for an administrative hearing or other official Review Board function. You should see also Section 5(b) of the Act which reposes in the originating agencies the responsibility to retain assassination records pending review activity by the ARAB. | understand that the Board believes that the process of it coming to CIA to review the records may not be working well. It may then be arguing that it cannot adequately perform its function of reviewing unless it has the records. Unfortunately, if the Agency disagrees for security reasons, there is no arbiter set forth in the Act. On the second issue, the JFK Act is clear. The Board does not transfer records to NARA. The powers of the Board are set forth in section 7(j} of the Act. In that section, the Board has the power to “direct Government offices to transmit to the Archivist assassination records as required under this Act...“ Further, Section 9(c), which discusses determinations of the Board provides that "(1) The Review Board shall direct that all assassination records be transmitted to the Archivist and disclosed to the public in the Collection in the absence of clear and convincing evidence that .." Section 5(e) of the JFK Act provides the actual responsibility te transfer records to NARA to the originating agencies, not to the ARRB. Section 7(i) sets forth the duties of the Review Board and it does not list the transfer of assassination records to NARA. Its duties are only to render decisions whether records are assassination records under the Act, and whether information in an assassination record qualifies for postponement under the Act. Thus, if the ARRB is arguing that it must take custody of the original records in order to meet its duty to transfer those records to NARA itis wrong. The statute clearly contemplates that the records remain with the originating agency in normal circumstances and only that the ARRB can direct its transfer once it has ruled on postponements. cc: ADMINISTRATIVE - INTERNAL USE ONLY
Phys THU 11.50 FaX 202 724 0457 ARRB ” Federal Register / Vul. 60, Na. 124 / Wednesday, June 28. 1995 / Rules and Regulaticus” 33345 7 — {o) uf this section shall be completed by Oc toler 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. . Author ity: Scctuuuns 6 and 8, Occupation Safety Gud Health Act, 29 USC. 095. 65% Secrcturv of Labur's Crdane Nos 12-77196 FR a7$4) 6-76 141 FR 25659), 9-81 448 FR 39373) of 1~90 ($3 FR yu03) as 4 ticable, and 29 CFR pan 191) Section 1926 1101 also issyéd under 5 use 553. Suction 1426.11G62 nul sgued uaues 29 USC 695 of 29 CER fit 1911. aiso lisued under 3 U.S.C 323 Section 1926 1144 through 1926 1118 sisu Issued under 29 Y.S.C 654 Sactiats 19264128 alse insued under 43 626.1145 and 1676 1147 alse issucd upper 29 USC 687 Sectipffa 1926 1140 also issucd under 2¥ US.C/653. Section 1926.1101 ts amended by iAising paragraph (q) to read as follows: 46 1926.1101 Asbestos. (q) Dares. (1) This standard shall become effective Octobor 11, 1594. (2) The provisions of 24 CFK 1926.58 remain one fleet anti) the start-up dates al the equivalent provisions of this standard (4! Start up dates. AL obligations al tts standard Commence ois the eltactave date except as follows (4) Methods cf comphance. The engineyring and werk precuce cuulruls ~ required by paragtaph tg) uf this section shall be amplemented by October 1, 1995 (1) lespiratory protection. Ruspiratory protection required by paragraph (hj of this sectiun shall & provided Ly October 1, 1995. Gi) Hyuene facilities and proctices for employces. Hygience facs hes and practices roquured by para: ph () of this section shall be proyded by October 1, 194%. liv) Communization of hazards. Identification, nut fication, labeliag and sign posting, aud training required by parapruph (k) of this section shall be provided by October 1, 1995. (v} Housekeeping Housekeeping prectices and controls required by paragraph (1) uf this section shall be provided by Octaber 1. 1995. (v1) Medical surveillance required by parayraph (in) of this section shall be nrovided by October 1, 1495. (vai) The designation and taining of compatent persons required by A paragraph (a) of this section shall be completed by Octobyr1, 1995. IFR Doc. 95-15796 Filedd 6-27-95, 4 45 am] BLING COOP 4610-24 PARTMENT OF EDUCATION 34 CEA Part 68S RIN 1840-ACOS William 0. Ford Federal Direct Loan Proqram AGENCY: Department of Education. ACTION: Finu] regulateans re SuMMahy: The Secretary amends the regulations governing the William D. Ford Federal Durcct Loan Program to add the Office of Management and Budget (OMB) contrul number to certain sactions of the regulations. Those sections contain infarmation collection requisements appruved by OMB The Secretary takes thes action to inform ye pubhe that these requitenuits bev been approved, and therefore ali pasties must comply with the EFFECTIVE DATE: Informatre requirements in the tinal effective on July 1. 1947 FOR FURTHER INFORM. Rachel Edelstem, Bélicy Development Division, Office yf Postsecondary Education, U $/Depsnment of Education, 64 Independence Avenue, SW , (Roay1053, ROb- 3}, Washington, DC. 20264-4410. Telephone {2u2) 703— 49306 Ip@ividuals wha use a — telecyfamunicatiuns device for the deal } may call the Federal laformation y Service (TiRS} at 1-su0-877-4439 etweeh 8 a.m. and 6 p.m. Eastern ime, Monday through Friday SUPPLEMENTARY INFORMATION: Final regulations for the Williem D. Furd Fedural Uirect Loan Program were published on December 4, 1994 (S9 FR 41664). Complauce with iafoomaton collection requ ements in these regulavons was delayed unul those requirements were approved by OME under the Paperwork Reduction Act of 1980 OMB approved the anformation collection requirements on December 7, 1494. Those reqiurements will therefure become effective with the other provisions of the regalanons on July 1, 1945. Waiver of Proposed KRulemahing Itus the practice ul the Secretary lo offer intrested parties Ue opportunity ta comment on proposed cegulaucns. However, the publication of OMB control numbers is purely technical and anim ISAS dues not establish substantive policy. Therefore, the Secrotary has determined under 5 U.S.C. 553(b)(B), that public comment an the regulations is unnecessary and contrary tothe public interest. List of Sulyjects in 34 CFR Part Ga5 Adinimstrative practice and procedure, Colleges and universities, Educauen, Loan programs—education, - Reporting and cecordkeeping .. -. requirements, Student aid, Vocational education Dated. June 23, 1995. David A. Lunganecker, Assistant Secretary fo; fostsecundary Education. ° The Secretary amends Part 685 of Title 34 of Me Code of Federal n6 as follows: PART 685-—WILLIAM D. FORD FEDERAL DIRECT LOAN PROGRAM 1. The authority citanon for part G85 Cotitinues to read as follows: Authority: 20 U.S.C. 10874 ef seq . unless : otherwise noted. 2, Sections 685.204, 685.206, 685.209, 685.213, 685.214, 683.215, 655.301, 685.302, 685.303, 683.309, and 685.401 are amended by edding the OMB control number following the sectiuta tu read as follows: . (Approved by the Office of Management and. Rudect under cuntral number 1840-0672) [FR Duc 9$-15844 Filed 6-27 -4%: 3 45 unl Batis COOL etdo-01—P ASSASSINATION RECORDS REVIEW BOARD 36 CFR Chapter XIV Guidance on Interpreting and implementing the President John F. Keanedy Assassination Records Collection Act of 1992" AGENCY: Assassination Records Kenew Board. ACTION: Final regulations. SUMMARY: These final interpretive rogulauens provide guidance on the interpretation of certain terms included in the President John F. Kennedy Assassination Records Collecuon Act ol 1992 and on unplementeuion of cumain of the etatute’s provisions. The tinal inter preave regulations meke effective the prupoused interpretive segulanons pravicusly published by the Assassination Records Review Board (Roviow Board). The Review Board revised the prugused interpretive ieoz
i i} i i sens . THU 11:50 FAX yoz 33246 Federal Register / Vol. GO, No. 124 / Wednesday, June 28, 1995 / Rules and Regulations Tugulasons eer considering public comment received in writing and through testimony at public hearings convened by the Review Board. EFFECTIVE DATE: Those interpretative regulations azo olfoctive June 28, 1945. FOR FURTHER int ONMATION CONTACT: T. Jeremy Gunn, Acting General Counsel, Assassination Records Review | Board, 600 E Street, N.W., 2nd Flocr, Washington, D.C. 20530, (202) 744—- uU8E, fax (202) 724-0457. SUPPLEMENTARY INFORMATION: Backgrouad and Statutory Authority The President John F. Kennedy Assassinauon Records Collection Act of 1992, 44 U.S.C. 2107 fas amended) (JFK Act), established the President Joha F. Kunnedy Assassination Recards Gallection UFK Assassination Records Collection) at the National Archives and Records Administration (NARA). In establishing a process fur public disclosure of all records relating to the assassination, Congress crnated an independant Faderal aganc y, the Assassination Records Review Huard, that consists of five citizens appuinted by the President and confirmed by the Senate in 1994. Under the JFK Act, the Raview Hoard is utipowoted to decide “whether a record constitutes an > assassination record "44 U S.C 2107. 7()( ZA). Congress intended that the Raview Board “issue puidance to assist in articulanng the scope or univers: of assassination records.” President Jolin F Kennedy Assassination Records Collection Act of 1997, S. Rep. 102-324, 102d Cong , 2d Sess. (1992) at 21. These final interpretive regulations, @ proposed version of which ware published at 6u FR 7506-7508 (Feb. 8 1995), comply with thal mandate. The Review Buard’s goal in. issuing this guidance ts to implement congressional wtent that the JFK Cullection contain “the most campruhensive disclosurewl records - related to the assassinauon of Presidant Keanedy.” S. Rep. 102-328, supra at 18. The Board 1s also mindful of Congress's snstruction that the Buard.apply a “broad and encompassing” working definition of “assassination record” in ordar to achieve the poal of assembling the fullest histancal record on this tragic event in Armerican history and on the anvestipations that were undertaken in the assassination’s ahermath. The Board recognizes that many ayencies began to organize and review records fespansive to the JFK Act even before the Board was uppointed and began its work. Nevertheless, the Board's aim is O137 ARRB that this guidance will aid in the ulumaty assembly and public disclosure of the fullest possible historical record on this tragedy and on subsequent investigations and imegyurries into it. The final interpretive regulations are intended to iyuntuly comprehensively ithe range of records reasonably related ta the assassination of President Kennedy and investigations undertaken in iis aftermath. The final interpretive regulations are also intended to aid in the consistent, ellective, and ufficient implementation of the JFK Act and ta establish procedures for including assassination records in the JFK Assassinauion Records Collection established by Congress and housed at NARA's facility in College Park, Maryland: Nutsce and Comment Process The Keview Board sought public comment on its proposed mierpietive sepulatious aid set a tharty-day periud, which ended on March 10, 1995, for the purpose of receiving writen Comments. The Roview Board also heard testimony at public hearings on aspects ol the proposed interpretve regulations. In addition, the Review Board sent copies of the proposed inierpretive regulauons to ageticiés knuwn to have an interest in and tu be affected by the Review Board's work, particularly thoso that either created or now hald assassination records, and to the appropiiste oversight committees in Congress The Roview Board also sent notices of the proposed mturprelive regulations and request for comments to many urganizations and individuals who have denamnsuated an interest in the release of materials under the JFK Act ur who have engeped in tesaarch into the assassination of President Kennedy. The Review Board recesved written comments on the proposed interpretive regulations from four Federal syencies, three state and local yovernment enuties, and twenty-one private individuals and organizations with an interest in the Review Board's work. Federal agencies providing writtun comments include the Fuderal Bureau of invasugeuion (FBI), the Central _tatelligence Agency (CIA), NARA, and the Department of State State or local government entives providing written couuments anclude the Dallas (fexas) * County Commissioner's Coun, the Dallas County Historical Foundation. and the City of Dallas Records Management Division of the Office of the City Secretary. Prior to publicanon.of the proposed iicrpretava resulations, the Review Board heard testimuny at a public hearing held at the Raview Koard’s - published in the Federal Repister . detailed comments submitted’ on the {2]003 offices on Decembur 14, 199-4, froin representatives of NARA on the question of including artifacts in the scope ol the term “assassination record.”’ After publicatiun of the proposed interpretive mgulations and bufore expiration of the comment period, the Retiew Board heard testimony ata public hearsay an March 7, 1995, from the FBI and from several individuals and representatives of private organizations on their views regarding the text of the proposed interpretive regulatians. Copies of all written comments reculved and transcripts of public testimony on the proposed interpretive rmegulations were placed in the public reading room at the Review Board's officosand.madc available far inspection and copying by the public upon request, Ava public meeting huld unm May 3, 1995, for which natice was timely pursuant to the provisiuus of the Government in the Sunshine Act, the Review Load cuusidend a final druit of these interpretive reguladunas. That discussion draft incorporated many of the cumuieits recerved by the Review Buard on the proposed interpretive regulauions. The Review Hoard unanimously voted to adapt the text uf the discussion draft as its final interpretive regulations. The approved textes, with @ fow minot corrertone thet. noes do nat change the substance, published jePe. Response ta Comments The Review Huard fuund very helpful the thoughtful and, in many cases, very proposed interpretive regulations Nyarly all of the commentators aapressed support for what they characterized as the proposed interpretive regulanons‘ ; comprehensiveness and flexibility. All comments submittyd were carefully studied and considered by the Review Board Submitters made both substantive and technical suggestions, many of which were incorporated into the interpretive regulations as issued here in final form. The summary below * includes the principal substantive comments received and the Review Bourd’s responses therete. Comment: The proposed language of § 1406.14) 1s unduly restrictive because the phrase “may have led to the assassination” requires at least a potennial ceusal link to the assassination Moreover, determaning whether there is a causal hnk would require the Review Board ta evaluate the validity of competing accounts of what
14-00000 PeL-as THE 11:51 FaX 202 724 0457 = ~~ Federal Repister / Vol. GO, No. 124 / Wed ARRB nesday, June 28, 1995 / Rulos and Regulations ood 33347. a ceeeeeperetnnnensnnnsnesssdinendensnsnsssnsssnsasnsnnnsnsnsiassnuthsneasasisasasiieeiaiaiss Aaa inns iain ieecaeeneneiennereensaamanwantesasienananasitiahameaenanaaivsapsanaantenmartanmanenenemaa — lod te the assaselnatian af Prysident Koanedy Response’ A number of commentators put forward criticisms along these lines. Saine of these commentators suggested that some form of a “reasonably related” stondard bo substituted for the “may have led to” language. while others suggesied alternative formulations (¢ g. “that may shed light on the assassination”). In adapting and eventually applying a “reasonably related” standard, the Review Board does nut seok to endorse or reject any particular theory of the assassination of President Kennedy, although such theories rnay inform the Review Board's search for records reasonably related to the assassination and investigatious into it. The Keview Board beliwves that § 1400.1(a), as now worded, advances that elfurt and will promote a consistent brood interpretation and iunpleaneutation of the JFK Act. munent: The proposed language of § 1400. 1{a) is tuo broad and open-ended. A more specific nexus to the assassination of Prusident Kennedy should be required. Response. As {ts teat and legislative history make clear, the JFK Act conturnplates that the Review Board extend its search for relevant records beyond what has buen compilud or reviewed by previous investigations. It is anuviteble, therefore, that the Review floard must exercise judgment in determining wheather such records constitute “assassination records."’ The Review Board regarde its “reasonably related” standard as sullicieul to etisure thal agencies are not overburdened with identifying and reviewing records that, if added to the JFK Assassination Kecords Collection, wuuld not advance tho purposes of the JFK Act. Conunent: Secuon 1400.1 should specifically include as assassination recurds any records pertaining te particularly identified individuals, organizetious, events, tc. Response: The Review Board determined that, in almost every case, the types uf records commentators sought to add were already adequately covered by § 1400.1 as proposed. Accordingly, the Review Board declined to include records or record groups at the luvel of specilicity urged by these commantators because doing so taight limit the scopy of the interpictive regulations as applied initially by other agenciys, or othenvise might prove duplicative or confusing However, the Review Boand welcames and encourages suggestions frum the public as to specific records or record groups Chat may constitute assassination records, and intends to pursue such leads, including those provided an the written communts to the proposed imterpretive regulations Comment: Section 1406.2(a) is vague and ovorly broad in describing the scupe of additiunal records and informatuun Hesponse: The Raview Huard has added languaye to clarify that the purpose of requesting additional recurds and information under § 1400.2(e) is to identify, evaluate, or interpret assassination records, icludang assassination records that may nol initially have been identified as such by an agency The Review Hoard also has addod language to indicate that it inteuds tu iinplement this section through written requests signed hy its Executive Director. The Review Board contemplates that, with rogard to such requests, its staff will work clasely with - entitigs to which such requests are addressed to implement the JFK Act effectively and efficiently. Comment. The scope of additional rocords and information shuuld specifically include records and inlortnation thal: —describe agoncies’ methads of searching for records: —dascribe reclassification, trausfer, destruction, or uther disposition of records; or —do not constitute assassination records, but have the potential to enhance, ennch, and liveden the historical record of the assassination: Response: To the eatent that the inclusion of records and infurmation of the types described would assist the Review Board in meeting its respunsibilities under the JFK Act, the Review Board has adapted the suggested language Comment. The scope of “axsasaination seconds” under § 1400.1 and “additional records and information” wader § 1460.2 should uot - extend to state and local govurnmunt or to private records that ara aot ia the possession of the Fedural ov ernment. Response: The Review Doard considered such comments caretully, but concluded that the terms of the JFK Act preclude the narrower reading af the Review Bourd’s rexpunsibslities urged by such comments. Section 1400.6 allows the Review Board, in its discretion, to accept cupies an hy of origsnals The Review Board believes that this fleaibility addresses the concerns of some commentators about the removal of original records already housed. for cxaniply, on statu or lacal archives Comment: Section 1400.3 should include as saurces of assassination records and additional records and information individuals and corporations that possess such giaterial even af not obtained from sources identified in parayraphs (a) thraugh (0) thereof, and should specifically include individuals and corporations that contracted to provide poods of services to the government. Hesponse: The Review Board has added paragraph ({) to this section in response to thuce comments. The ” Review Board has cumecluded that, in viaw of paragraph (f), specifically identifying government contractors or other private persons would be unnecessary end rodundant. Comment. NARA contended that . § 1400.4 should not includy artifacts among the types of materials included in the term “record.”* Truating artifacts as “records” would be contrary to NARA‘s accustomed practice and the uéage uf the fern “records” in other areas of Federal recards law and wauld sesult in substantial practical difficulties. Response: The Review Board hus carofully considered NARA's objections to the inclusion of artifacts as “records,” but decided that this inclusion is necessary tou achieve the purposes of the JFK Act. Tha Review Board notes that artifacts that bocame exhibits to thu proceedings of the Warren Comnussion have long huen in the custody uf NAKA, and decided that those artifacts shuuld ‘ramain in the JFK Assassination Recards Collection, The Review Board further buhoves that thé unique isstes of public trust and crédibility of government processes that prompted enactment of the JFK Act require that artifacts be included within tha JFK Assassination Records Collectiun. The strong support that commenting members of the public gave to this position reinforces this conclusion. The Review Board sncluded nals propased regulations, and retained an § 1400.7(b)-{c) of the final interpretive regulations, language intended toe addiess NARA‘s concerns about potential copying requiremenis and prusurvelion issues unique to artifacts. Comment: Section 1400.5 should be mudified ta allow agencies to withhald from the JFK Assassination Records . Collection material that is not related ta thé assassinatidn of President Kennedy, oven though i appears in a record that contains other material that is reloted to the assassination of President Kennedy. Response: It remains the inient of this section to make clear to agencies that, a8 a rule, entire racords, and not parts thereaf, are to become part ofthe JFK Assassination Records Callecuon. The purpose of requiring that records be produced in their entiraty is to ansure
FAX ARRB THU 11.32 Buus 33348 © Federal Register / Vol. 60, No. 124 / Wednesday, June 28, 1995 / Rules and Regulations Re that the context and integrity of the the JFK Assassination Records with the intent and purposes of the JFK records be praserved. Quiy in rare instances will the Koview Board assent to withholding particular information within an assassination record on the fround that such infuermation te not rolovant to the assassination. Socuan 146u.$ has been modified to clarify that, although the Review Board may allow this practice in extraordinary circuinstances, this determingtion is within the sole direction of the Renew Board. Comment: The discussion of originals and copigs in § 1400.6 is, in various respects, unclear and confusing. Response: The Review Hoard made extonsive changes to this section to address these cancers and to achieve greater internal consistoncy. The Review Board's intent in this section is to express its strong preference for including original records in the JFK Assassinadion Records Cullection, but also its understanding that, for a variety of reasons, there may be situations where a copy instead of the original of 4n assasuinalion record may be more appropnits for inclusion in the Coilection. Comment: Section 140G.6 should be clarified as ta whether “record cupics” of Fodoral agency may be included in the JFK Assassination Records Collection. Response: The Keview Board has modified § 1400.6la)(1) to clarify that thy Review Hoo:rd may determine that tucord copies imay be included in the Collection. Comment: The Catalog df Assassination Records (COAR) descriled in § 1400 4 should consist of, or be replaced by, the database and finding aids prepared by the Federal agencius in possession of assassination records, Response: This and other comments received regarding the prupasud § 1400.8 Indicated some corfusion as to the Intent and operation of the mechanisin established in this section. For this reason, the Revieiv Board decided to replace tho term “Catalog of Assassination Records” with the term “Nutice of Assassinetion Record Determination” (NAKD}, and to redraft * this section to clarify the Roviow Board's intent to use the NARD mechanism simply to document the Review Board's onpoing determinations that, in addition to records uxplicitly enumuraled in the JFK Act as assassination records (e g , recards reviewed by the HISCA) of identified hy Federal agencies in their awn searches, cortain other records alsa are assassinauon recerds to be ancluded in Collection. Section by Section Analysis Scope of Assassination Record Aé¢ discussed above with regard to the public comments, subparagraph (a) of § 1400.1 has been 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 cla Hicution aud revision of this section’s title to make it rnore precise. Scape of Additional Recards and Information Tha utle of § 1400.2 was revised to confyrm to the new tlle ol § 1400.1. Addiuonsl editing changos were made "for clanty A new subpart (G) was added tu subparagraph (s) and a new subparagraph (f) was added after consideration of comments that noted the potenusl exclusion of certain calegones from the scope of this section in the proposed interpretive regulations. The Review Board has-added language in the fiual interpretive regulations ta clarify that the purpose of this section 1s to aid in identifying. evaluating or interpreting assassination records, including assassination records that may oot initially have been identified by an agoncy. The Review Buard also has added language to suggest thet intends to implement this section through written requésts cigned by the Review Board's Executive Director. Sources of Assassination Recards and Additional Records and Information A new subparagraph (¢) was added to § 1400.3 alter consideration of coronents noting the potential exclusion of records created by individuals or corporations or obtained from sources other than those already identified in the previuus subparagraphs Types of Materials Included in Scope of Assassination Record and Additional = - Necords and Information : No substantive change has been made to § 1400.4 as it appeared in the proposed interpretive regulations eguitrement That Assassination Records be Released in Their Entirery Language bas huen added to § 1400.5 io perinit the Raview Toard, in its sole discretiun, to alluw release uf ouly part of an assassination record where such partial reloase 1s sufficient to comply Act. Originals and Capies Extensive clauges wutye made to 3 1400.6 fur reasons of clarity and intemal congistency. The Review Hoard also incorporated in the final interpretive regulations language clarifying that “record copies” of Federal agency records may be included in the JFK Assassination Kecords Collection and addressing the important issuc of preservation requirements. In this respuct, the Review Board sourhi to treat records in various media ins means appropriate to the unique characteristics of each medium. Additional Guidance In the light of comments received, the Review Baard extensively revised § 1400.7. Subparagraph (dj, as it appeared in the proposed interpretive regulations, hag been broken inte threw subparapraphs—new subparagraphs (4d), (e). and (f}-to avold potontial confusion and to add clarity. The intent of these subparagraphs is to mako cleor that all files on an individual, event, organization or activity are to be made available to the Review Board regardless of the labels on the files, where the records may be found, or whether they reflect the true name or identifier of the individual, event organization, or oo. activity. , Subparagraphs (b) and (c) § 1400.7 were included in thy proposed interpretive regulations and retained in the final interpretive regulations in order to address concerns expressed by NARA tugarding the inclusion of artifacts in the scope of the material . deemed “assassination records." Ry including these subparagraphs, thy Review Board wishes to make St clear that it believes the JFK Act ustablishes unique standards as to the records to be included in the JFK Assassination Records Collection. Dy including artifacts as a typa of “assassination record,” the Review Board seeks tu fulfill its mandate from Cangress to assernble all materials reasunably related to the assassination in the JFK Assassination Records Collection. It is not intendyd that the inclusion here of artifacts for put poses of implementing the JFK Act should be construed to affect the unplementation of other tacords laws. Subparagraph (c) is intended lo ensure that all artifacts in the collection are preserved for posterity and that public access be provided to those artifacts tt a tnanner consislent with their preservation. The Review Board encourages NARA to set out in writing the terre and conditions under 4 4 a t 4
14-00000 —" F sovetatefling > GR op Lek fy "ty - which access to such matenals shall be allowed. Implementing the JFK Act-——Notice of Assassination Hecords Deternunation The Review Board has replaced the tenn “Catalog of Assassination Records” that appeared in the proposed. interpretive regulations and redrafted § 1400.8 to clarify the Renew Board's _ intont. in the final interprotive regulations, the Reviow Board = - substitutes the term NARD for prior references toa “catalog.” “Paperwork Reduction Act Statement. The regulation is not subject to the provisions of the Paperwork Reduction Act of 1940 (44 U.S.C. 3501 ef seq.) because it dovs to contain any infonnation callection requirements - within the meaning of 44 U.S.C.. 3502(4). Regulatory Flexibility Act Certification As required by Uhe Repulatory Fleaibility Act of 1980 (RPA), 5 U.S.C. 601-612), the Hoard cortifies that this rule, fadopted, wall not have is significant economic impact on a substantial number of small untuties and that, therefore, a rugulatory Moxibility analysis need not be prepared, 5 U.S.C. 805(b). The proposed rula would not impuse any ubligations, including any obligations on “small entities,” as set forhin 5s USC 642(3) of the Regulatory Flexibility Act, or within the dofinition of “small business.” as found in 1§ USC. 622, or within the Small Business Size Standards in regulations issued by the Small Business Administration and codified in 13 CFR post 121. Review by OMB This regulation has buen reviewed by OMB under Executive Order 12466. List of Subjects an 36 CFR Part 1400 Administrative practice and procedure, Archives and cecords Accordingly, the review Board hereby éstablishes anew chapter XIV in tide 30 ofthe Cude of Federa) Regulations te read as follows: THU 11:53 FAX zou 724 0457 ARRB Federal ‘Register / Vol. 60, No. 124 / Wednesday. June 28,.1995 / Rules and Regulations- et CHAPTER XIiV—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 additional records end information. 1400.3 Sources of assassination records and additonal records aod foformetian. 1400.4 Types of materials included In scope of assassination record and additional records and information. 1400.9 Requirement that assassination. records be released in thelr enurety.. 1400.6 . Originals and coples. 1400.7 Additional guidauce. 1400.8 Implementing the JFK Act—Notice of Assassination Record Dusignaton - Authority. 44 U.S.C. 2107. § 1400.1 Scope of aszasalnution record.; ~ (e) An essussinution rucord wclades, but is not limited to, all records, public and private, regardless uf huw labeled or identified, thet decument, describe, report on, analyze or interpret activilies, - petsous, of events reasunably related to. the assassination of President Joha F. Kennedy snd investigations of or inquiries into the assassination. ib) An assassination record furthee includes, without limitation: (1) All records as defined in Section 3(2) of the JFK Act, (2) All records collected by or segregated by all Federal, state, and lucal government agenciesin - conjunction with any investigation or analysis of or inquiry into the assassination of President Kennedy (for example, any sntra-agency investigation ut analysis of oF inquiry untu the assussinaliun; any interagency comununication regarding Ue ussassinulion; any request by the House Select Committee on Assassinations to collect documents and other materials: or any inter- or intra-agency collection or segregation uf ducuments and other matunals), (3) Other records of groups of records listed in the Notice of Assassination Record Designation, as described in § 1200.8 of this chapter. § 1400.2 Scope of additional records and information The tern: additional records and informonian urcludus (a) All documents used by yuvermnent offices and agencies during dhair duclassafication review of assacsinalion records as well as all other documents, indices, and other material Yiaos 33349 (including but not limited to thass that disclose cryptonyms, code names, or othor.identiliers that appear.in. assassination records) that the Assoseination Records Review Haard (Review Haard) has a masonable basis to baligva may constitute an assassination - record or would assist in the identication, evaluation or interpretation of an assassination: record. The Review Hoard will identify in writing thase records and other - materials it intends to seek undur this section - (b) All training manuals, instructional materials, and guidelines created or used by the agunciue in furthoranco of their soviow of assassination records. (c} ALI records, lists, and documents - describing the procedure by which the agencies identified or suloctod eccassination records for review. (d) Organizational charts of - government agencies. (e) Records necessary and sufficient to describe the agency's: (1) Records policies and schedules; (2) Filing systems and organization; (3) Storage facilities and locatians; (4) ludexing syinbols, marks, codes, instructions, guidelines, mothods, and procedures, (5) Search methods and procedures used in tho performance of the agencies’ - duties under the JFK Act: and. (6) Reclassification te a higher level, transfer, destruction, or other ~~~" ~~ informatian (e.g., theft) regarding the- status of assassination records. (}] Any other record that does not fall within the scope of assassination record as duscribed in § 1400.1, but which has the potential to enhance, enrich, and brosden the historical record of the assassination. § 1400.3 Sources of sesasaination records and additional recerda and information. Assassination records and additional recouds and inforustion may be located at, or uuder the cuutral uf, without limitatiou: (a) Agencius, officus, and entities of ‘the executing, legislative. and judicial branches of the Federal Goverment: (b) Agencies, offices, and entities of the cxecutive, legislative, and judicial branches of state and Jocal governments: {c) Record repusitones and archives of Fedoral, etata, and local governments, including presidential libraries: {d) Record repusitorics and archives of universiues, lbranes, lustorical sociwtias, and other similar organizetions, te) Individuals who possess such rcourds by virtuc of service with a government agency. office, or entity: { Persons, including individuals and corporations. who have obtained such
Asse 95 THU bi:54 FAX gog 724 G4 7 ARRB (gj) 007 33350 Federal Register / Vol. 60, No. 124 / Wednesday, June 28, 1995 / Rules and Regulations (te SEP SED ce eT oS SSE cS oS SSE ttt eS i SE EEE TU ee ea records frasm sources identifled in paraygraphe (a) through (a) of this eectian, (g) Persons, including individuals and corporations, who have themselves created ar have obtained guch records from sources other than thuse idontified in paragraplis (a) through (w) of this section: (hj Federal, state, and local courts where such records are being held undur scul: or .. fi) Forign governments. §1400.4 Types of materials included in scope of assaaalnation record and additional records and Iniermation. The term record in assassination record and additional records and information includes, Jor purposes of interpreting and implementing the JFK Act: (a) papors, maps, and other documentary material: (b) photographs; {c) motion pictures; (d) sound end vidvo recordings; {e) machine readoblc information in ony form, and f) artifacts. §1446.5 Requirement that assassination records ba roleu sed In thalr entirety. An assagsinatian record shall be released. in its enturoty except fur portions specifically postponed pursuant to the grounds for postponement of public disclosure of records established in § 2107.6 of the JFK Act, and no portion of any assas$inalion record shal! bs withheld from public disclosure solely on prounds of non-relevance unless. in the Review Buard’s sole discretion, release of part of a record is sufficient to comply with the intent and purpuses of the JFK Act §1460.6 Originals and copies. (a) For purpauses of deternnning whether originals or copies of assagsination records will be made part of the Prusident Jahn F. Kennedy Aséassination Records Collecnon (FK Assassination Records Collection) established under the JFK Act. ihe following shall apply: {1} in the case of papers, maps, and other documentary matenals, the Review Hoard may determine that record copies of governinent records, either the sipned original, original production or a repruduction that has been treated as the official record ingintained to chronicle government functions or activities, may be placed in the JFK Assassination Records Collection: (2) In che case of other papers, maps, and other documentary material, the Review Board may detenning that a true and accurate cupy of a record in lieu of the origina] may be placed in the JFK Assaseination Records Collection; {3) Ln the case of photographs, the original negative, whenever available (otherwise, the earliest generation print that is a true and accurate copy), may be placed in the JFK Assassination Records Collection: (4) In the case of motion pictures, tho camera original, whunever aveilablu (otherwise, the earliest generation print that is a true and accurate copy), may bu placed {n the JFK Assaésination Kecards Collection; ~ (5) In the case of sound and vide recordings, the original recording, whenever available (otherwisy, the earliest ganeration copy that fs o true and accurate copy), may bu placed in the JFK Assassination Records Callection; : (6) Im the case af machine-readabl iniormation, 4 true and accurate copy of the original (duplicating all information contained in the original and in a format that permits revieval of the infurmetion), may be placed in the JFK Assassination Records Collection, and (7) in the case of artsfacts, the orginal obyscts themselvus tnay be placed in the JFK Assassination Records Collection. (b) Tes the extent records from foreign governments ere included im the JFK Assassination Records Calluction, copius of the ongina! records shall be sufficient for inclusion in the callection. {c] In cases where a cupy, as defined in paragraph (a) of this section, is ‘ authorized by the Review Board to be included in the JFK Assassination Rucords Colluction, tha Review Board may require that a copy be certufied if, in its discrution, it determines a Certification to lx: necessary to ensure the integrity of the JFK Assassination Records Collection. In cases where an onginal, as defined in paragraph (a) of this sectian, is required for inclusion in the JFK Assassination Kecurds Collection, the Review Board may, at its discretion, accept the bast available copy. In such cases that records included 1n the JFK Assassination Records Collection, whether originals or copia, Contain legible portians, such recotds shall have attached thereto a certified transcription of the legible language to the extunt practicable. (dj For purpasus of implementing the JFK Act, the turm copy nwens a true ond accurate phatocupy duplication by a ineans appropriate to the medium af the original rucocd that preserves and displays the integrity of the record and the information contamed tn at. {e) Nothing in this section shall bo iletpoted to suggest that additional copies of any assassination records contained in the JFK Assassination Records Collection are not also aséassination records that, at the Review Board's discretion, may also be placed in the JFK Assassination Records Collection. (f} Nothing ia this section shall be interproted to prevent or to preclude ~ copies of any electronic assassination records from being reformattiod slectrunically in order to cunform to differynt handward and/or softwarg ruquiremants of audiovisual or machina readable formats if such is the professional judgment of the National Archives and Records Administration. § 1400.7 Additional guidance. {a} A governmynt agency, office, or entity includes, for purposes of interprotiog and implementing the JFK Act, all current, pust, and former dopartments, agencies, offices, divisions, forvign offices, bureaus, and deliberative bodies of any Federal, state. or local government and includes all . inter- of intra-egency working groups, committees, and meetings that possess or created records relating to the aseassination uf Prosidant John F. Kennedy. | . (b) The Inclusion of artifacts in the scupy of the term assassination record is understood to apply solely to vie JFK Assassination Records Collection and to implement fully the torms of the JFK Act and hes no direct or indirect bearing on the interpretation or implementation of any other statute or regulation. ic} Whenever artifacts are included in tho JFK Assassination Records Collection, it shall be sufficient ta comply with the JFK Act if the public is provided accvss to photographs, drawings, or aimilar materials dapicting the artifacts. Additional display of or cxemination by die public of artifacts in the JFK Assassinatian Records Collection chall uccur under the terms and conditions wstablished by the : National Archives and Records = Administration to ensure their preservation and prétection for pustenfy. . (4) The terns and: or, ay, all, and the pluce) aud singular forms of nauns shall ba understuud in their-broadest and mest inclusive sense and shail not be understood to be terms of limitation. (e) Unless the Review Board in its sole discretion directs otherwise, records that are identified with respect ta a particular person shall include all records ralating to that person that use or reflect the true name or any uther naine, pseudonym, codeword, symbol nuiber, cryplonyni, or alias used to identify that person.
14-00000 efi-95 THE bi.55 FaX zur 72d Federal Register / Vol. 60, No. ‘124 / Wednesday, June 28, 1995 / Rules and Regulations a (f Unless the Review Board in its sole discretion directs otherwise, records that are edentihed by the Review Board with respect tg a particular operation or program shall include all recurds. pertaining to that prograns by auy other name, pseudonym, codeword, symbol, number, or cryplonym § 1400.8 impiementing the JFK Act— Nollce of Assassination Record Dosignation. . {a) A Notice of Assassination Record Designation (NARD} shail be the mechanism for the Review Board to announce publicly its determination that a rucerd or group of recurds meots the defiustaon of assassination recurds. {b) Notice of all NARDs will be published in the Federal Register within 30 days of the decision to desiynate such rucords as assassination records. (ce) In determining ta designate such recurds a$ assassination records, the Review Board inuet dutermina that the rycord ar group of record will mare likely thao: nut enhance, enrich, and broaden the historical record ol the ASSALSINGL aca. fiatad: June 22, twas David G Maxwell, Executive Director Assassination Records Review Board. {FK Doc ¥5-15814 Filed 6-27-95; 8:45 ain] BULING CODE bUzy-10- DEPARTMENT OF THE INTERIOR National Park Service, 36 CFR Part? RIN 1024-AC14 Nationa! Capital Region Parks; Spectal Regulations; Correction AGiNCY; National Path Service, luterior. action: Correcuon to final relations SUMMARY: This dacument contams a Correction tu the final regulations which ware published Friday, April 7, 1495 (60 FR 17629). The regulsvions 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 svithin National Capitel Region Parks. EF FECTIVE DATE: May 8, 1995 FOR FURTHER INt ORMAIION CONTACE: Sandra Alley, Associate Regional Director, Public Alairs and Tourisra, National Capital Region, National Park Service, 1100 Ohio Drive SW. Washington, D.C. (202) 619-7223 ARRB SUPPLEMENTARY INFORMATION: Need for Currection As published, the final rule contains one error which may prove to be misleodu:y and is in need of correction. Correction uf Publication Accordingly, the publication on Friday, April 7, 1995 (60 FR 17639) of the final regulation. FR Doc. 99-85yy, for National Capital Region, is corrected as follows.. In the FR Dor. 95-4599, appearing on page 17649 in the issue of Friday. April 7, 1995, the words “the introductory text of need tu be added after the word “revasing’ that appears in the first column, beginning on the ninth line, which now reads “2. Section 7.96 is amended by revising paragraph (k}(2) to read as foliows:” is corrected to read “2. Section 7.96 is amended by revising the introductory text of paragraph (k)(2) to read as follawa:" Dated: June 22, 1995 Rick Gale, Acung Chief, Hunger Actiwiues Divivaian IFRK Doc. 95-1574 Filed 6-21-95, 6.45 am] BILLING CODE 4316-76 ENVIRONMENTAL PROTECTION AGENCY 40 CER Paris 52 and 81 {A-1-F AL-6248-5} Clean Alr Act Promulgatian of Extansion of Attainment Date for Ozone Nonattainment Area; Maine AGENCY: Environmental Protection Agency (EPA). AGHION: Final rule. SUMMARY: EPA is extending the attainment date for the Hancock end Waldo Countis:, a mantinal ozone nonattainment ama in Maine to November 15, 1994. This extension is based in part on monilored air quality teadings for the national ambuent air * quality standard far ozone during 1993. The notice alo updates tables in 4G CFR 32.1024 and 40 CFR 81.320 cuncerniug attainment dates in the State uf Maine. EFFECTIVE DATE: This extension hucormes eflective July 26, 1995. FOR FURTHER INFORMATION CONTACT: Ruchard P. Burkhart, Air, Pesticides and Torxucs Management Division, U.S. Envirunmental Protection Agency, Regtan 1, JFK Federal dldg., Boston, MA 02203. Phone. 617-565-3244 SUPPLEMENTARY INFORMATION: On Fab. 22, 1995 (60 FR 9613), EPA publishad i u0s 33351 4 natics of proposed rulemaking (NPR) for the State of Maine. The NPR - proposed extending the attainment deadline for ozone for Hancock and Waldo Counues, and usked for public comment. No comments 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) raquired the Stetes and EPA to designate areas as attainment, nonatlainment, or unclassifiable for uzune ag wall as othar pollutants for which netional ambient ait quality standards (NAAQS) have _ been set. Section 16 1(a)(11 (table 2) required that ozone nonattainment areas be classified as marginal, moderate, serious, severe, or extreme, depending on their air quality. In a series of Federal Register notices. EPA canplated this process by desiynating and classifying all areas of tho country for ozone. Sev, ¢.g.. 56 PR 50694 (Nov. 6: 1991); 57 FR 56762 (Nouv. 30. 1992); $9 FR 18967 (April 21, 1994) Areas designated nonattuuninent for ozone are required to meet attaimfruent datus spucified under the Act. For areas classified marginal through uxtrerna, tha attainment dates range from November 15, 1993 through November 15, 2010. A discussion of the attainment dates is found in 57 FR 13498 (April 16, 1992) {the General Pruambla). The Hancock and Walde Counties, Moline area was designated nonatlainmont and Classified marginal for uzune pursuant to 56 FR 58694 (Nav. &, 1991). By this classification, its attainment dale became November 15, 1993. CAA Requirements and EPA Actions Concerning Meeting the Altainment Date Suction 181(b)(2 (A) requires the Administrator, within six months-of the attainment date, te determine whether ozone nonatlaimment areas atlained the NAAQS For ozane, EPA dewrmings attainment status on the basis of the expected number of exceedances ol the NAAQS over the three-year period up to, and including, the attainment date. See General Preamble, 57 FR 14506. In the case of ozone marginal © nonattomment aceas, the three year period is 1991-93. CAA section 161(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 us attainment date, the area must be saclassified upwards. . Howover. section 18 1{a}(S} provides an exemptian fram these bump
14-00000 TLE ECTIONS A SPECIAL COLL: OO Cl RELEASE iN FULL 2000. DRAFT 12 December, 1998 Memo for the Record Subject: JFK Records Review Project and Lessons Learned The CIA's JFK Collection is made up primarily of records pulled together for the Warren Commission, House Select Committee on Assassinations (HSCA) and the Assassinations Records Review Board (ARRB). It contains a significant amount of duplication and non-JFK related material. The current index is flawed and contains gaps. Release standards were liberal; basically only source identities and information, names of agents, employees under cover, Agency locations and foreign liaison activities were redacted. There is no evidence in the Collection to indicate that the Warren Commission conclusions were wrong. I. Background (1992-1995) The setting up of the Historical Review Program by DCI Gates in early 1992 coincided with growing interest in Congress to require federal agencies to declassify records related to the assassination of President Kennedy. DCI Gates decided to start declassification process before Congress passed legislation: * testified before Congress on 12 May 1992 about CIA‘s new openness policy and announced the declassification of the first folder of Oswald's 201 (also known as the pre-assassination file). * six boxes of the Oswald's 201 were reviewed and transferred to NARA by Oct. 1992. The John F. Kennedy Assassination Records Collection Act of 1992 (JFK Act) was signed 26 October 1992: * it called for Presidential-appointed Assassination Records Review Board composed of non-government individuals; * established “a presumption of immediate disclosure” for records relating to the assassination. For first two years of its existence, ‘the Historical Review Program focused primarily on the review of JFK assassination records: