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...

2025 RELEASE UNDER THE PRESIDENT JOHN F. KENNEDY ASSASSINATION RECORDS ACT OF 1992

AGENCY- INTERNAL USE ONLY

PRIVILEGED ATTORNEY WORK PROD:CT

OGC-94-52916

19 September 1994

MEMORANDUM FOR: David P. Holmes

Deputy General Counsel

FROM:

SUBJECT:

Robert J. Eatinger. Jr.

Assistant General Counsel

Litigation Division, OGC

DCI Sources and Methods Authority With Respect

to JFK Assassination Records

1. Per your request, I have attached a copy of the

President John F. Kennedy Assassination Records Collection Act of

1992 (ARCA), Pub. L. 102-526, 106 Stat.

3443-3458, reprirted at

44 U.S.C. § 2107 note.

For your convenience, I have higrigried

the pertinent provisions that will aid in responding to an

inquiry regarding the statute's effect on the DCI's statutory

autrority to protect intelligence sources and methods.

2.

The clear language and intent of the law is to supersede

statutes that prohibit disclosure of information, except for some y:

irrelevant subject areas, such as tax records.

The statute

provides that "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" the disclosure of information subject to the

Act.

ARCA § 11(a). This language, taken with the provisions

discussed below which limit the intelligence

sources and metrods

that may be protected and set a strict procedural scheme by which

information is to be reviewed under the ARCA,

effectively

supersedes the DCI's National Security Act authority with respect

to intelligence sources and methods information subject to the

ARCA.

3.

Section 6 of the ARCA provides the grounds for which the

release of information may be "postponed." The statute

contemplates that all information will eventually be released.

Indeed, it specifies that all information will be made available

to the public no later than 25 years after the passage of the

ARCA (which occurred in October 1992) unless the president

certifies that continued postponement is necessary.

ARCA

§ 4 (g) (2) (D) .

With respect to intelligence-related information,

ARCA_ allows_postponement if:

" (1) the threat to ... intelligence operations

... is

of such gravity that it outweighs

the public interest, and

such public disclosure would reveal-.

PRIVILEGED ATTORNEY WORK PRODUCT

AGENCY - INTERNAL USE ONLY

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SUBJECT:

AGENCY - INTERNAL ÜSE ONLY

PRIVILEGED ATTORNEY WORK PROE:CT

DCI Sources and Methods Authority With Respect to JFK

Assassination

Records

(A)

requires

intelligence agent whose identity currently

protection;

(B)

an

intelligence source or rethod which is

currently utilized, or reasonably expected to be

utilized, by the United States Government and which has

not been officially disclosed, the disclosure of which

would interfere with the conduct of intelligence

activities; or

intelligence operations

(agence operationer curre dis esace of onion

would demonstrably impair the natioral security of the

United States."

ARCA § 6(1) (Emphasis added.)

4.

The originating agency is to make the first review to

ider-ify information that meets the standards for postponement.

ARCA § 4(C) (2) (D) (1) .

For CIA, this effort is being undertaken

by the Historical Review Group, in consultation with the

Direstorate of Operations and other appropria-e Agency

components.

Information the originating agercies identify for

postponement must be transmitted to the Review Board.

ARCA

§ 4(c) (2) (E).

The Review Board "shall consider and render

decisions

on a determination by a Government office to seek to

postpone the disclosure of assassinaiion records."

ARCA S

7(i) (1). Specifically, the "Review Soard sha'l consider and

render decisions on

... whether an assassination record or

particular information in a record qualifies for postponement of

disclosure under the Act."

ARCA § 7(1) (2) (B) .

5.

If

the Review Board determines to order the disclosure

of information that the originating agency feit met the criteria

for postponement, it "shall notify the head ce the originating

body of its determination and publish a copy of the determination

in the Federal Register within 14 days after the determination is

made. • ARCA § 9(C) (4) (A). If the information contained in an

assassination record is obtained or developed solely within the

executive branch, the President shall have the sole and

nondelegable authority to require the disclosure or postponement

... the information under the standards set forth in

Section 6."

ARCA § 9(d) (1) (emphasis added). The President's

decision must be certified to the Review Board within 30 days of

-the Review Boards determination.

Id. Records postponed by the

•President must be re-reviewed every 5 years. ARCA § 9 (d) (2).

2

PRIVILEGED ATTORNEY WORK PRODUCT

AGENCY - INTERNAL USE ONLY

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AGENCY - INTERNAL USE ONLY

FRIVILEGED ATTORNEY WORK PRODUCT

SUBJECT: DCI Sources and Methods Authority With Respect to JFK

Assassination Records

6. I would be happy to discuss this further if you so

You might also want to contact John Pereira

(x30373)

since he has met with some or all of the Review Board members.

Attachment

3

PRIVILEGED ATTORNEY WORK PRODUCT

AGENCY - INTERNAL USE ONLY

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;..

SUBJECT:

DCI Sources and Methods Authority w/Respect

to JFK Assassination Records

OGC-94-52916

DCI/OGC/RJEat inger: 76105 (19 Sept 94).

Original - Addressee i/attach) ihand delivered)

-OGC Registry (N/attack:)

1 - Lit File

1

- RBB (OGC/Ti3)

1 - C/HRG (J. Pereira-404 Ames)

1

-

RJE - Soft File

(w/attach)

1

- RJE - Signe=

1

PDP

KK - Fyi

1

- PAS-fy:

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--

CIA SPECIAL ETRLECTIONS

RELEASS IN PULL

2000

DRAFT

CHAPTER XIV - ASSASSINATION RECORDS REVIEW BOARD

Part 1400 - GUIDANCE FOR INTERPRETATION AND IMPLEMENTATION

OF THE PRESIDENT JOHN F. KENNEDY ASSASSINATION RECORDS

COLLECTION ACT OF 1992" (ARCA)

Sec.

1400.1 Scope of assassination record.

1400.2 Scope of additional records and information.

1400.3 Sources of assassination records and additional records and

--

- - -

information.

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I400.4 Types of materials included in scope of assassination record and

additional records and information.

1400.5 Requirement that assassination records be released in their entirety.

1400.6 Originals and copies.

1400.7 Additional guidance.

1400.8 Implementing the ARCA - Notice of Assassination Record Designation.

Authority: 44 U.S.C. 2107 note.

§ 1400.1

Scope of assassination record.

(a)

An assassination record includes, but is not limited to, all records,

public and private, regardless of how labeled or identified, that document,

describe, report on, analyze, or interpret activities, persons, or events reasonably

related to the assassination of President John F. Kennedy and investigations of or

inquiries into the assassination.

(b)

An assassination record further includes, without limitation:

(1)

All records as defined in Sec. 3(2) of the ARCA;

(2)

All records collected by or segregated by all federal, state, and local

government agencies in conjunction with any investigation or analysis of or

inquiry into the assassination of President Kennedy (for example, any intra-

agency investigation or analysis of or inquiry into the assassination; any inter-

agency communication regarding the assassination; any request by the House

Select Committee on Assassinations to collect documents and other materials; or

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--

-

any inter- or intra-agency collection or segregation of documents and other

materials);

(3)

Other records or groups of records listed in the Notice of

Assassination Record Designation, as described in §1400.8 of this chapter.

§1400.2

Scope of additional records and information.

The term additional records and information includes:

(a)

All documents used by government offices and agencies during their

declassification review of assassination records as well as all other documents,

indices, and other material (including but not limited to those that disclose

cryptonyms, code names, or other identifiers that appear in assassination

records) that the Assassination Records Review Board has a reasonable basis to

believe may constitute an assassination record or would assist in the

identification, evaluation or interpretation of an assassination record. The

Assassination Records Review Board will identify in writing those records and

other materials it intends to seek under this section.

(b)

All training manuals, instructional materials, and guidelines created or

used by the agencies in furtherance of their review of assassination records.

(c)

All records, lists, and documents describing the procedure by which the

agencies identified or selected assassination records for review.

(d)

(e)

Organizational charts of government agencies.

Records necessary and sufficient to describe the agency's:

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(1)

Records policies and schedules;

DRAFT

(2)

Filing systems and organization;

(3)

Storage facilities and locations;

- ..-.--

(4)

Indexing symbols, marks, codes, instructions, guidelines, methods and

procedures;

(5)

duties under the ARCA; and

Search methods and procedures used in the performance of the agencies'

(6)

Reclassification to a higher level, transfer, destruction, or other

information (e.g. theft) regarding the status of assassination records.

(f)

Any other record that does not fall within the scope of assassination

record as described in §1400.1, but which has the potential to enhance, enrich,

and broaden the historical record of the assassination.

§1400.3

Sources of assassination records and additional records and

information.

Assassination records and additional records and information may be located at,

or under the control of, without limitation:

(a)

Agencies, offices, and entities of the executive, legislative, and judicial

branches of the federal government;

(b)

Agencies, offices, and entities of the executive, legislative, and judicial

branches of state and local governments;

- -

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(c)

Record repositories and archives of federal, state, and local governments,

including presidential libraries;

(d)

Record repositories and archives of universities, libraries, historical

societies, and other similar organizations;

(e)

Individuals who possess such records by virtue of service with a

government agency, office, or entity;

(f)

Persons, including individuals and corporations, who have obtained such

records from sources identified in subparagraphs (a) through (e) of this section;

(g)

Persons, including individuals or corporations, who have themselves

created or have obtained such records from sources other than those identified in

subparagraphs (a) through (e) of this section;

(h)

Federal, state, and local courts where such records are being held under

seal; or

(i)

Foreign governments.

$1400.4

Types of materials included in scope of assassination record and

additional records and information.

The term record in assassination record and additional records and information

includes, for purposes of interpreting and implementing the ARCA:

(a) papers, maps, and other documentary material;

(b) photographs;

(c) motion pictures;

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(d) sound and video recordings;

(e) machine readable information in any form; and

(f) artifacts.

§1400.5

Requirement that assassination records be released in their entirety.

An assassination record shall be disclosed in its entirety except for

portions specifically postponed pursuant to the grounds for postponement of

public disclosure of records established in Sec. 6 of the ARCA, and no portion of

any assassination record shall be withheld from public disclosure solely on

grounds of non-relevance unless, in the Assassination Records Review Board's

sole discretion, release of part of a record is sufficient to comply with the intent

and purposes of the ARCA.

§1400.6

(a)

Originals and copies.

For purposes of determining whether originals or copies of assassination

records will be made part of the President John F. Kennedy Assassination

Records Collection (the JFK Assassination Records Collection) established under

the ARCA, the following shall apply:

(1)

In the case of papers, maps, and other documentary materials, the

Assassination Records Review Board may determine that record copies of

Government records, either the signed original, original production or a

reproduction that has been treated as the official record maintained to chronicle

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government functions or activities, may be placed in the JFK Assassination

Records Collection;

(2)

In the case of other papers, maps, and other documentary material, the

Assassination Records Review Board may determine that a true and accurate

copy in lieu of the original may be placed in the JFK Assassination Records

Collection;

(3)

In the case of photographs, the original negative, whenever

available (otherwise, the earliest generation print that is a true and accurate

copy) may be placed in the JFK Assassination Records Collection;

In the case of motion pictures, the camera original, whenever

available (otherwise, the earliest generation print that is a true and accurate

copy), may be placed in the JFK Assassination Records Collection;

(5)

In the case of sound and video recordings, the original recording,

whenever available (otherwise, the earliest generation copy that is a true and

accurate copy), may be placed in the JFK Assassination Records Collection;

(6)

In the case of machine-readable information, a true and accurate

copy of the original (duplicating all information contained in the original and in

a format that permits retrieval of the information) may be placed in the JFK

Assassination Records Collection; and

(7

In the case of artifacts, the original objects themselves may be

placed in the JFK Assassination Records Collection.

-.--

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(b)

To the extent records from foreign governments are included in the JFK

Assassination Records Collection, copies of the original records shall be sufficient

for inclusion in the collection.

(c)

In cases where a copy, as defined in paragraph (a) of this section above, is

authorized by the Assassination Records Review Board to be included in the JFK

Assassination Records Collection, the Assassination Records Review Board may,

at its discretion if it determines it to be necessary to ensure the integrity of the

JFK Assassination Records Collection, require a certified copy. In cases where an

original, as defined in paragraph (a) of this section, is required for inclusion in

the JFK Assassination Records Collection the Assassination Records Review

Board may, at its discretion, accept the best available copy. In such cases that

records included in the collection, whether originals or copies, contain illegible

portions, such records shall have attached thereto a certified transcription of the

illegible language to the extent practicable.

(d)

For purposes of implementing the ARCA, the term copy means a true and

accurate photocopy duplication by a means appropriate to the medium of the

original record that preserves and displays the integrity of the record and the

information contained in it.

(e)

Nothing in this section shall be interpreted to suggest that additional

copies of any assassination records contained in the JFK Assassination Records

Collection are not also assassination records that, at the Assassination Records

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„Review Board's discretion, may also be placed in the JFK Assassination Records

Collection.

Nothing in this section shall be interpreted to prevent or preclude copies

of any assassination records, and particularly assassination records in

audiovisual or machine readable formats, from being made from time to time in

the professional judgment of and at the discretion of the National Archives and

Records Administration for purposes of preservation or reformatting to conform

to different hardware and / or software requirements.

§1400.7

(a)

Additional guidance.

A government agency, office, or entity includes, for purposes of

interpreting and implementing the ARCA, all current, past, and former

departments, agencies, offices, divisions, foreign offices, bureaus, and

deliberative bodies of any federal, state, or local government and includes all

inter- or intra-agency working groups, committees, and meetings that possess or

created records relating to the assassination of President John F. Kennedy.

(b)

The inclusion of artifacts in the scope of the term assassination

record is understood to apply solely for purposes of establishing the JFK

Assassination Records Collection and for fully implementing the terms of the

ARCA and has no direct or indirect bearing on the interpretation or

implementation of any other statute or regulation.

In the case of artifacts deemed to be assassination records and included in

25

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the JFK Assassination Records Collection, the provision to the public of

photographs, drawings, or similar materials depicting the artifacts shall be

sufficient to comply with the ARCA's requirement that copies of assassination

records be provided to the public upon request.

Additional display of or

examination by the public of artifacts in the JFK Assassination Records Collection

shall occur under the terms and conditions established by the National Archives

and Records Administration to ensure their preservation and protection for

posterity.

(d) The terms and, or, any, all, and the plural and singular forms of nouns

shall be understood in their broadest and most inclusive sense and shall not be

understood to be terms of limitation.

(e)

Unless the Assassination Records Review Board in its sole discretion

directs otherwise, records that are identified with respect to a particular person

shall include all records relating to that person that use or reflect their true name

or any other name, pseudonym, codeword, symbol, number, cryptonym or alias

used to identify that person.

- =

(f)

Unless the Assassination Records Review Board in its sole discretion

directs otherwise, records that are identified by the Assassination Records

Review Board with respect to a particular operation or program shall include all

records pertaining to that program by any other name, pseudonym, codeword,

- symbol, number or cryptonym.-

26

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§1400.8

Implementing the ARCA - Notice of Assassination Record

Designation.

(a)

A Notice of Assassination Record Designation shall be the mechanism for

the Assassination Records Review Board to announce publicly its determination

that a record or group of records meets the definition of assassination records.

(b)

Notice of all designations will be published in the Federal Register within

30 days of the decision to designate such records as assassination records.

In determining that a record or group of records meets the definition of

assassination records, the Assassination Records Review Board must determine

that the record or group of records will more likely than not enhance, enrich, and

broaden the historical record of the assassination.

-=

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Calendar No. 552

102D CONGRESS

2d Session

SENATE

THE PRESIDENT JOHN F. KENNEDY ASSASSINATION

RECORDS COLLECTION ACT OF 1992

REPORT

OF THE

COMMITTEE ON GOVERNMENTAL AFFAIRS

UNITED STATES SENATE

TO ACCOMPANY

S. 3006

TO PROVIDE FOR THE EXPEDITIOUS DISCLOSURE OF RECORDS

RELEVANT TO THE ASSASSINATION OF PRESIDENT JOHN F.

KENNEDY

• 17.

* 59-010

JuLy 22 (legislative day, JuLy 20), 1992.-Ordered to be printed

U.S. COVERNMENT PRINTING OFFICE

WASHINGTON: 1992

S.Rebt. 102-3280 - 92--1

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tion, it is important to emphasize and clarify the legislative intent

and importance of particular provisions of the Act

Defining assassination records

• "assassination record

" Assassination records a a threshold consideration tod the stu

cessful implementation of the Act. Its scope will be the barometer

of public confidence in the release of assassination records. While

the records of past presidential commissions and congressional

committees established to investigate the assassination of President

Kennedy are included as assassination records under this Act, it is

intended and emphasized that the search and disclosure of records

under this Act must go beyond those records. While such records

are valuable, they reflect the views, theories, political constraints,

and prejudices of past inquiries. Proper implementation of this Act

and providing the American public with the opportunity to judge

Warren and Rockefeller Commissions, and the Church and House

Select Assassination Committees.

The term

"assassination record" was not more specifically de

ined by the Committee because to do so before more is known

about the universe of records would have been premature, and

would have further injected the government between the records

and the American public. There is a sufficient volume of known as-

sassination records to organize and review at the outset. However,

it is intended that the Review Board issue guidance to assist in ar-

Liculating the scope or universe of assassination records as govern-

ment offices and the Review Board undertakes their responsibil-

ities. Such guidance will be valuable notwithstanding the fact that

government offices will begin to organize and review their records..:

before the Review Board is established. Government offices are re

quired to begin the review and disclosure of records upon enact-

ment to expedite public access to the many records which do not

require additional review or postponement. However, the ultimate

work of the Review Board will involve not only the review of

records recommended for postponement, but requiring government

offices to provide additional information and records, where appro

riate. Guidance, especially that developed in consultation with the

public, scholars, and affected government offices, will prove valua-

ble to ensure the fullest possible disclosure and create public confi-

dence in a working definition that was developed in an independ-

ent and open manner.

Autopsy Records

The Act specifically excludes from the definition of "assassi-

nation records" the autopsy records and copies or reproductions

made from such records donated by the Kennedy family pursuant

to a deed of gift executed on October 29, 1966. These records in-

clude the autopsy photographs and X-rays of President Kennedy.

The Committee believes that this exclusion is a sound policy. The

Committee believes that there is a compelling justification for pro-

tecting the privacy of the Kennedy family from the unwarranted

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security, intelligence

operations, or foreign relations of the United States.

The Assassination Records Review Board is an independent

agency within the executive branch. The five-member Review

Board will be appointed by the President with the advice and con-

sent of the United States Senate. The confirmation hearings will be

conducted by the Committee on Governmental Affairs. The Act re-

quires that the Review Board include at least one historian and

and that each member is a national recognized pro-

Tessiona in his or her field. The legislation requires that prior to

making the appointments, the President is required to consider rec-

mmendations from the American Historical Association, the Orga-

nization of American Historians,

the Society of American Archi

vists, and the American Bar Association.

To ensure a comprehensive search and disclosure of assassination

records, particularly to erable the public to obtain informhe on sen

'ecords beyond the scope of previous official inquiries,

Board has the authority to direct any government office to produce

additional information and records which it believes are related to

the assassination. It has the authority to subpoena private persons

and to enforce the subpoenas through the courts.

ence to less than one year if that is the time determined as neces-

of government offices and agencies, and the possible need for addi-

tional time or authority from Congress.

IV. BACKGROUND AND NEED FOR LEGISLATION

On November 22, 1963,

President John F. Kennedy was assassi-

nated. It was a tragic and defining moment in American history

The desire by the American public to understand who assassinate

President Kennedy, and why, has resulted in several official inves-

tigations and a broad spectrum of private inquiries and scholar-

ship. Unfortunately, in the eyes of the public, each investigation

and inquiry served to raise additional questions, and did so while

increasing the volume of secret government records about the as

sassination. In 1992, the public demand, fostered by increased

media attention, the opening of secret files by

ments around the world, and

ognition by the Congress

and the

Executive

records related to the assassination of President Kennedy should be

fully disclosed.

In addition to the legislation considered by the Committee, and

its counterpart considered by the House Committee on Government

Operations,

four other related,

though more limited

measures

were introduced in the House of Representatives in 1992. Two bills

mandating the release of all Kennedy assassination investigation

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## Page 19

7506

Federal Register / Vol. 60, No. 26 / Wednesday, February 8, 1995 / Proposod Rules

(B) For dependents of active duty

members in pay grades of E-5 and

(B) For dependents of active duty

members in pay grades of E-s and

above, $25; and;

(C) For retirees and their dependents"

$25.

(vi) The copayment for prescription

drugs per prescription, for a maximum

30-day supply, Is as follows:

(A) For dopendents of active duty

mambors in pay grades E-1 through Er

4, 55:

(B) Fur dependenis of active duty

mombors in pay grades of tis and

• above. SS; and.

(C) For retirees and their dependents,

$9.

(vii) The copayment for ambulanco

services is as follows:

(A) For dependents of active duly

• members la pay grades of through through

Ег 1. $10:

(1) For dopendents of active duty

mambors in pay grados of E-S end

above, S15: and.

(C.) For retirens and their dependcals.

$20..

(es) Inpatient cost shoring

requirements under the Uniform HMO

Benefil. -(1) In general. La liou of usual

CLAMPUS cost sharing roquiruments

(500 § 194.4(1)), spooal cost sharing

arounis are requirod. The specife

requirements shall to uniform and shall

se published as a nolico annually by-cho

nasslant suctulary ul Defense (dicalu

Affairs)

(2) Structure of cass shoring. For

sorvacos alber than mental illness or

(C) For retirees and their dopendents,

(1) Updates. The enroliment fees for

fiscal year 1995 sel under paragraph (c)

of this section and the per services

pacific dollar amounis for fiscal yea

yy5 set under paragraphs (d) and (e) ol

this section may be updated for

subsoquent yoars to the extent accessary.

lu maintain compliance with staturory

roquirements pertaining to government

costs. This updating does not apply lo

cost sparing that is expressed as a

porcontago of allowable charges; these

percentages will remain unchanged.

(8) Applicability of the Uniform HMO

Benefit to Uniformed Services

Treatment Facilities Managed Care

Program. The provisions of this section

concerning the Uniform HMO Benefit

shall apply to the Uniformed Sorvices

Troatment Facilities Managed Caro

Program, effective October 1, 1995.

Under that program, non-CHAMPUS

eligible benefciaries have the same

payment responsibilities as CAMPUS.

eligible beneficiarles.

Daded February 2, 1995.

LM Byaura

Allernal OSD Foderol Herester Loison

Officer, Departenerd of Lefense.

Itk Doc 85-1028 filed 2-9-49.815 arul

BALLING CODE WOOD-SUM

substance use tredument, there is a

nominal copayment for acliva duty

dependents and for retired members.

dependents of retired merabers, and

survivors. Fur inpatient mental bealth

and substance use treatment, a separate

per day charge is established.

(3) Amount of inpatient cost sharing

icquirements. Beginning in fiscal your

1995, tho inpatient cost sbariog

roguiremonis are as follows:

(8) For acute care admissions and

other non-mental bealth/substance use

incarment admissions, the per diem

charge is as follows, with a minimum

change ol s25 per admission:

(A) For dependeats of active duty

nembers in pay grades E-1 through E

4.511:

(B) For dependents of activo duty

members in pay grades of E-s and

_abovo, 511; and.

(C) For rotirees and their dependents

511.

(ií) For mental healti/substanco use

calment admissions, and for partial

hospitalization services, the per diem

charge is as follows, with a minimum

charge of $25 per admission:

A For dependents of active duty

membery in pay grades E-1 Chrough En

1. $20:

ASSASSINATION RECORDS REVIEW

BOARD

36 CFR Part 1400

Guldance on Interpreting and

Implementing the President John F.

Kennedy Assassination Records

Collection Act of 1992

AGENCY: Assassination Kecords Reviow

Board (ARRB).

ACTION: Proposed interpretivo

regulation.

SUMMARY: The ARRB proposes to issue

regulations providing guidance on the

interpretation of certain terms defined

in and the implementation of the

President John F. Kennedy

Assassination Records Collection Act of

1992.

DATES: To be considered, comments

must be received on or belore March 10,

1995.

ADDRESSES: Comments should be

mailed to the Assassination Kecords

Ravlow Board at buU E steel, nwv.

Socond Muor. Washington. D.C. 20530 ur

delivored in porson lu thal address

belween the hours of 9:30 a.m. and 4:30

p.m.., Monday through Friday (except

legal holidays). Comments may also be

faxad 1o the Board al (202) 724-0457.

Comments received may be inspected in

the Board's public reading room, Locatod

al the address shown abons, botween 10

a.m. and 3 p.ra. Monday through Friday

(except legal holidays). Parsons wishing

to inspect comments in the Board's

public reading ruom should call the

Board's office beforehand at (202) 72+

0084 for further information.

FOR FURTHER INFORMATION CONTACT:

Sheryl L. Waller (General Counsol),

(202) 724-0088.

• SUPPLEMENTARY INFORMATION:

Background

The President John F. Konnedy

Assassination Rocards Collection Act of

1992, 44 U.S.C, 2107 note (as amended)

(ARCA). establisbad the President John

F. Kennedy Assassinatios Hecords.

Collection (tho JFK Colloction) al the

Nauonal Archives and Records

Administration (NARA). In establishing...

tbe procoss for public disclosure of all

records relating to tho assassination.

Congross created an indeponden! agency

within the executve branch, the

Assassinauon Records Review Boird

(tho Board), which consists of ive

cilizens appointod by the President.

Under tho salule, the Boare is

empowered lo doudo "whether a record

constalules an assassinativa nocord." at

().S C. 2107 nolA, Sac. 2(1)(2)(A)

Cungress further made clear its intent

that the Board "issue guidance lo assiss

in articulating the scope or universe of

asSASSinaLiOn racosds." President Joha

F. Kennedy Assassination Records

Collection Act of 1992, S.Rep. 102-328.

102d Cong., 2d Sess. (1992) 8821.

In construcling the proposed guidance

set out here, the Board seeks 10

• Implement congressional intent that the

JFK Collection contain "be most

comprehensive disclosure of records'

related to the assassination of Presidont

Kennedy." Id. at 18. The Board is also

mindful of Congress's instruction that

tho Board apply a "broad and

encompassing" working definition of

"assassination rocord in arder 1o

achieve the goal of assembling the

fullest historical record on this tragic

event In American history and on the

investigations that were undertaken in •

the assassination's aftermath. The Board

recognizes that many agencies have

already begun to organize and revies

records responsive lo the ARCA even

before the Board was appointed and

began iis work Nevertheless, the

Board's aim is that this guidance will

ald in the ultimate assombly and public

---

## Page 20

Federal Register / Vol. 60. No. 26 / Wodnesday, February 8, 1995 / Proposed Rules

7507

disclocuro of tho fullest possiblo

histancal rocord on this tragedy and on

subsequent invosugalions and inquires

into it.

The Board's proposed guidance is

designod to holp goverament agencies

and the Board identify and make

avallable do the public all documonis

Uhat will onhenco. enrich, and broaden

the bistorical rocurd of the assassination

of Presidont John F. Kennedy. Tbe

Buard socks through this guidance 1o

filfill Congross's "inton(i) and omphasis

that tho search and disclosuro of records

urdur this no must go boyond" lbo

rocords of previous commissions and

committoe's established to invosugaro

Prosident Konnody's assassination. Id. al

21. The Board also socks to provide

nulice of the scope of its intended

exercise of authurily lo sock additonal

information or records in ordor to fulfill

its functions and responsibilitios under

thO ARCA.

In addition, the Board proposas lo

create a mochanism to facilitate the

Board's ongoing work and to further

ensure future public access to the

broadest possiblo historical record. This

mechanism will be known as the

"Catalog of Assassination Records"

(COAR). The COAR is intended to be an

official listing of all records determined

by the Board to mcet the definition of

"assassination record" and included in

the JFK Colloction.

Request for Comments

The Board seeks public comment on

its proposed interpretive regulations

intended to provide guidanco on tho

Intorpretation of the term assassination

record. the intended scope of its

exercise of authority to seck additional

Infornation or records, and its

additional proposals for implomontation

of tho ARCA.

List of Subjects in 36 CFR Part 1400

Administrative practice and

procedure, Archives and rocords.

Accordingly. the Assassination

Records Roview Board beroby proposes

to establish a new chapter XIV in litle

36 ol tho Code of Foderal Regulations 1o-

ruad as follows:

CHAPTER XIV-ASSASSINATION

RECORDS REVIEW BOARD

PART 1400 GUIDANCE FOR

INTERPRETATION AND

IMPLEMENTATION OF THE

PRESIDENT JOHN F. KENNEDY

ASSASSINATION RECORDS

COLLECTION ACT OF 1992 (ARCA)

1400.1 Interiorelation of assassinalion

1+00.2 Interpretation of addilior.al ircords

Souries of assassitalion rocorde ard

additionel recurds and informalion.

1800.4 Typos ol materialsincludedins..co

ul assussination socord and additiunal

recurds and information.

Requirement that assassinallon

recorde be released in their enurely

1100.6 Originals and covies.

1400.7 Addisional guidance

1400 8 Implementing lho ARCA-Cilalog of

Assassination Records

Authority: 41 US.C. S.C.2107 rule.

§1400.1 Interpretation of assassinalion

(a) An assussination record includes.

but is not limited to, all records, public

and privale, regardless of how labeled or

identified, that documont, descnbe.

repor, analyze, or interprot activities

and events that may have lod to the

assassination of President John F.

Kennedy; the assassination itself; and

Investigations of ur inquiries into the

assassination.

(b) An assassination record furthor

includes, without limitation:

(1) All records as defined in Soc. 3(2)

of co ARCA:

(2) All records called by or segregated

by all foderal, state, and local

government agencies in conjunction

with any investigation or analysis of or

Inquiry into the assassination of

President Kennedy. (for example, any

Intra-agency invustigation or analysis of

ur inquiry into the assassination; any

inter-agency communication regarding

the assassination; any request by the

House Solect Committee on

Assassinations to collect documents and

otbor materials; or any inter- or intra.

agency collection or segregation of

• documents and other materials):

(3) Other records or groups of records

listed in the Catalog of Assassination

Records, as described in § 1400.8 of this

chapter.

-

§ 1400.2 Interpretation of additional

records and informalon.

Tho torm additional infornation and

records includes:

(a) All documents usco by

government offices and agoncies.during

thor declassification review of

assussination rocords as well as all other

documents, indices; records, and elur

matorial that disclose cryptonyms. code

nanos, or othor identification material

in assassination rocords.

(b) All training manuals. instructional

materials, and guidelines croated or

used by tho agencles in furthoranco of

their roview of assassinalon recurds.

(c) All records, lists, und documents

describing the procedure by which the

agencies idenuded or sclocted

assassination recorde for revicio.

(d) Organizational charts of

Governmeat agoncles.

(o) Kecords nocessary and sufferent 10

destinhe the agency's:

(1) Rocords pulicies and schedulus:

(2) Filing systems and organization:

(3) Storage facilitios and locations.

§1400.3 Sourcas of assassinallon records

and additonal rocords and InformatIon.

Assassinatlon records and additional

records and information may bo locared..

al, or under the control of, without

(a) Agencies, offices, and entities of

the execulive, logislativo, and judicial

branches of tho federal govcrnment:

(b) Agencies, offioes, and entities of

lie exocutive, legislative, and judicial

branches of state and local govemments:

(c) Record ropositories and archives of

foderal, state, and local Rovernments.

including presidential librarios:

(d) Record ropositories and archives

of universities, libraries, historical

socielice, and other similar

organizations:

(o) Individuals who possess such

records by virtue of service with a

govemment agency, offico, or entity;

(1) Porsons, Including individuals and

corporations, who have obtained such

records from sources identified in

paragraphs (a) through (e) of this

soction:

(g) Federal, state, and local cours.

where such rocords are being hold

undor seal; or

(u) Foreign goverments.

§ 1400.4 Typos of materiais includod in

scope of assassination record and

addillonal records and Informalon.

Tho term record in assassination

record and additional.records.and -

information includas, for purposes of

intorpreting and implementing tho

ARCA:

(4) Papers, maps, and other

documentary matoria):

(0) Photographs:

(c) Motion pictures:

(d) Sound and video rocordings:

(o) Machino readablo Information in

any form: and

---

## Page 21

14-00000

7508

"Federal Repister / Vol. 60. No 28 / Wednesday, February 8, 1995 / Propused Rules

(1) Artifaces

§ 1400.5 Requirement that assassination

records be relassad in thact entirety.

An assassinatiou record shall be

disclosed in its entirety except for

portions specifically posiponod

pursuant to the grounds for

postponement of public disclosure of

records established in section 6 of the

ARCA, and no portions of any

assassination rer.ords shall be withheld

from public disclosure solely on

gruunds of nou-relevance.

§ 1400.6 Originals and coples.

(n) For purposes of determining

whothor originals or copies of

assassination records may bo made part

of tho President John F. Kennedy

Assassination Records Collection (the

JFK Records Colloction) to lo

establishod under the ARCA:

(1) In the case of papers, maps, and

olber documentary material, the

Assassination Records Review Board

(lbe Board) may determine bat a true

and accurate copy of the origiual is

(2) Is the case: uf photographs, te

ferto record means the original negative

if available. otherwise, le earliest

generation print:

(3) In the case uf mution pictures, the

term record means tbe.comera ariginal

if availabic, otherwise, the earliest

generation print.

(1) lu the case di suund and vidco

rocordings, the term record means the

original recording. if available,

otherwise, the earliest generation copy;

(5) In the case of machine-readable

information, the Board may determine

that a true and accurate copy of the

original is sufficient; and

(G) Artifacts meaus the original abject

issolf.

(b) In cases where a copy, as dofined

in paragraph (a) of this section is

authorized by the Board to be included

in the JFK Records Collection the Board

may, at its discretion, requira a cortilied

copy. In cases where an original, as

dolined in paragraph (a) of this section,

is required for inclusion in the JFK

Records Collection the Board may, at ils

discretion, accept the best available

copy.

$1400.7 Additional guldanco:

(a) A govemnient agency, office. or

entity includes, for purposes of

interpreting and implementing the

ARCA. all departments, agencies,

offices, divisions, foreign offices.

buronus, and deliberative budies of any

federal, sidle, or local government and

includes all inter or lotra-agency

working groups. committees, and

ricotings that possess or croated rocords

Dalud: February 3,1995.

relating to the assassination of Prosident

Dauld G. Marwell,

Jobn F. Keonedy.

Executive Diraclos, Assasssnucion Records

(b) The inclusion of arufacts in the

Review Board.

scope of the term assassination rocord is

IFK Doc 95-3112 Filed 2-7-45: 8:15 amt

inderstood lo apply solely lor purpose:

BILLING CODE RAZA-TO-MA

I establishing the President john F

Konnedy Assassination Records

Collection and for fully implomenting

ENVLRONMENTAL PROTECTION

the terras of the ARCA and bas no direct

AGENCY

or indirect bearing on the interpretation

or implementauan of any other statute

40 CFR Parts 51 and 93

or regulation.

(FAL-5140-9)

(c) In the case of artifacis deemed to

Transportation Conformity Rule

be assassination records and included in

Amendments: Transition to the Control

the John F. Kennedy Assassinativa

Strategy Period

Kecords Collecuan, provision to lbe

AGENCY: Enviroamental Protoction

public of photographs. drawings. or

similar maserials depicking Use artifauls

Agency (EPA).

shall be sufficient to comply with the

ACTION: Proposed rula

ARCA's requiramant that copios of

SUMMARY: This action proposes to

assassination records be provided to the

permanently aliga the timing of certain

public upon request. Other display to or

transportation conformity consequences

examination by the public of artifacts in

with the imposition of Clean Air Act

the Jobn F. Kennody Assassination

bighway sanctions. For ozone

Records Collection shall «crur under

noualtaiunent artas wilh an incomplele.....

lenns and conditions established by the

15% emissions-roduction state

National Archives and Records

implomentation plan with e protective

Administration that are adequato to

finding; incomplete ozone attainmenU

preserve and protect the artifacis for

3% rare-of-progress plan; or finding of

failure to submit an ozono allainmenu

pasierily._

• 3% salt-of-progress plan, and areas

(d) Tbo temus and, or, any; oll, and the

whose control strategy implementation

plural and singular forens of nouns shall

plan for ozone, carton monoxide.

be understood in their broadcast and

particulate ratter, or nitrogen druxide is

most inclusive sense and shall not br

disapproved with a protectivo linding.

understood la be terms of limitation.

tho conformity status of the

Any records idenufied with respect l0 a

transportation plan and program would

particular person also includes any

nut lapse as a result of such failure until

records for that person by any other

highway sanctions for such failure are

name, pseudonym, codeword, symbol.

effecrive under other Clean Air Act

number, cryptony or alias. Any record

sections.

described with respect to an operation

This action would delay the lapse in

or program includes any record

conformity status, which would

pertaining to that program by any other

otherwise prevent approval of nos

name, pseudonyin, codeword, symbo!.

highway and transit projects, and allow

number as cryptonym.

States more time to prevent the lapse by

submitting complote ozono

§14008 Implamenuing the ARCA-Catalog

of Assassination Records

PA henspun shed in the finel rule

soction of this Federal Register a similar

(8) A Catalog of Assassination Records

interim final rule which takes cflect

(COAR) shall be created as the official

immediately and applies for six months

listing of all records determined by the

this proposal would apply the

Board to meet the definition of

provisions of the interim final rule

assassination record.

permanently.

_(b) Notice of all decisions to include

DATES: Comments on this accion must be

records in the COAR will be published

received by March 10, 1995. A public

in the Federal Register within 30 days

bearing will be held at 10:30 a.m. on

of the decision.

February 22, 1995 in Washington, DC.

(c) In listing records or groups of

ADDRESSES: Interested parties may

records in the COAk, the Bourd must

submit written comnones (in duplicate.

if possible) 1o: Air and Radiation Docker

detennine that the record or group of

and Infonnation Center, U.S.

records will more hikcly than uot

chancr, enrich, and broaden the

Environmental Protection Agency,

Altention: Dockot No. 1-95-02.401 M

historical record of the assassination.

Street, SW., Washington, DC 20460.

---

## Page 22

4-00000

ADMINISTRATIVE - INTERNAL USE ONLY

CSI-0316/95

16 February

1995

NOTE FOR: D/ IM/ADDA/ IS

DCI / IRO

DA/ IRO

DI/ IRO

DO / IRO

DS&T/IRO

OGC (Bob Eatinger)

DD/OCA

C/ IP&CRD

C/RDP/MSG/OIT

FROM:

John Pereira

Historical Review Group

SUBJECT:

JFK Assassination Records

Proposed Regulations

1.

Attached for your review and comment is a copy of

proposed regulations prepared by the JFK Assassination

Records Review Board.

definition

raised.

The Board plans to discuss the regulations at its

meeting on 6-7 March, so it would be helpful to give

the Board our input in advance of that meeting. Please

provide Barry Harrelson (x30292,) or me (x30373)) with your

Jaborain?

John F. Pereira

Attachment

- -

- - -

-

--

ADMINISTRATIVE - INTERNAL USE ONLY

---

## Page 23

IKKI

9001

facsimile

TRANSMITTAL

to:

fax #:

re:

date:

pages:

Dear John:

John Pereira, CLA Historical Review Program

(703) 243-8343

ARRB proposed interpretive regulations

February 9, 1995

4, including cover sheer.

Following this cover sheet is a courtesy copy of the Assassination

Records Review Board's proposed interpretive regulations, published yesterday in the

Federal Register. The proposed regulations include guidance on interpretation of the

scope of certain provisions of the Assassination Records Collection Act, including the

cerns "assassination record" and "additional records and information." The Board is

soliciung comment from all interested parties and would welcome any comments that

the CIA nay have. (The comniem period is 30 days; the deadline is March 10.)

It you have any questions or need any additional information, please

don't hesitate to give me a call on my direct line or at our main number, 724-0088.

Sincerely,

Onely

Sher

1. Walter

General Counsel)

from stre dese of

Stery:. Waiser

General Counsel

Assassination Recorus Revitw Board

600 E Street. MW. Second Floor

Washington. D.C. 20530

(202) 724-0915

Fax (202) 724-0457

-=—-

---

## Page 24

14-00000

/.."

27 February 1995

To:

C/HRG

Subj: Review Board's Proposed Regulations

1400.2 (e) (3), Storage facilities and locations, presents a

possible conflict with our continuing protection of (WIC.)

1400.5, Requirement that assassination records be released

in their entirety...and no portion withheld solely on

grounds of non-relevance. For that portion of the documents

we have declared non-relevant that is operational and is

clearly non-relevant we should argue strongly with the

Board. The Director's

statutory responsibility for the

protection of sources and methods must be defended; and we

can be sure that it was not anticipated that a KGB officer

in Mexico City would be transferred to another country and

go on generating much operational information. Furthermore,

Board's responsibility to review the

records we identified as non-relevant and to support --

publicly those of our decisions that they felt were

justified!

1400.6, Originals and copies, could cause problems if the

Board

gets fussy about it. Originals of memos sent outside

the agency would be gone(to the addressee). Originals of

cables and despatches are virtually non-existant.

1400.8 (c),"

...the Board must determine that the record or

group of records will more likely than not enhance, enrich,

and broaden the historical record.." Like some of this stuff

might be non-relevant?

Frank

---

## Page 25

14-0000

New Notc

NOTE FOR: Edward P. Matter @ DCI

FROM:

Joim N. Gree?

DATE:

02527195 05:02:46 PM

SUBJECT: JK Records

This is in response to vour request that l review AJAF Nre propersarl royalliors by the IFK

Assassination Rubords Reutew Board.

1 56t. Storyl Walters hand very much in endance hare I see from the arachment that she is lie Board's

GC.

Lare you, I am very concemed about the breadth of the rag's definitions The key to koop in mind is the

Fallory auinority for the Board. I mould argue that the definition of "assassination record" in the statute

684 U.S.C. section 2107 nore, section 3121 of the Acl) is reora limiter) than the reg. The grature dalings an

assassination record as one "rolated to ine assassinatien of JFK. Thus, when section 1400.2 (d) and lei

of the rea authorize Board access lo orgartizational charis of governmental agencies and records

nocessary and sutician to deseribo the agency's records policiss and schedules, fling austens and

organization, and storage facilities and locatiers, I would argue that such intormation is lay too far asield.

There is no way we can allow she Board to have access to this information, which in any event is

prohibited br section 403g Iron disclosure notwithstanding any other law

The same issue arises with respect la frelion 1400.7(d) of the rey that proposes io include in tha

dafinition of nacord any records for a person by another name or personal identiler. This mould aopear 8o

authorize Board access do all information abon an agent wire may have only been tangenerally involved in

she ascassination but whose crypt is given in many other unrelated documents about unrelated

operations. Talk about your camels nose under the tent!

Finally, section 1400.5 of the rag rates an sir dog of an issue. The National Securiy Arcitiva (Sharyis

old employer! has been lightina for a lona time in FOlA litigation that the lOlA refers to records and that

therefore all information in a responsive repard must be relaased unless dinenuice exomps. There is no

FOlA exempsion, they arque. for non responsive material in a record. This is a big problem for mulli-10r

duculmists, such as the NID. We " of cruerse, argue that agencies are only required to procese that which

is asted for and delete non-responsive material as unrequested. The proposed reg would mean that llie

Board moraliave arress in all information in a documem atour several unrelated operalons or events it

that document even mentioned the assassination or anything related lo il. Audir. the caniel's rose.

Thomas J. Benjamin@ DCI

---

## Page 26

4-00000

From the Desk of Robert J. Eatinger

NOTE FOR:

FROM:

DATE:

SUBJECT:

Here is advance copy:

J. Barry Harrelson @ DA

Robert J. Eatinger

03/01/95 01:46:44 PM

Comments on proposed JFK reg

CIA SPECIAL COLLECTIONS

RELEASE IN FULL

OGC-95-50522

1 March 1995

MEMORANDUM FOR: Chief, Historical Review Group

FROM:

SUBJECT:

Robert J. Eatinger, Jr.

Assistant General Counsel

Litigation Division, OGC

Comments on JFK Assassination Records Proposed

Regulation

1.

The following are my comments on the Assassination

Records Review Boards proposed interpretive regulations published

in the Federal Register on 8 February 1995.

The term assassination record is defined in the

President John F. Kennedy Assassination Records Collection Act of

1992, Pub. L. 102-525, 106 Stat. 3443, Oct. 26, 1992, reprinted at

44 U.S.C. § 2107 note (the Act). Any interpretive definition by

the Board cannot exceed that in the Act. The Acts definition is

found in Section 3(2) and provides:

(a) Assassination record means a record that is related to

the assassination of President John F. Kennedy, that was

created or made available for use by, obtained by, or

otherwise came into possession of

various Federal, State, or local government bodies.

3. The proposed regulation is broader than that in the Act.

The proposed regulation includes as assassination records:

records, public and private, regardless of how labeled or

identified, that document, describe, report, analyze, or

interpret activities and events that may have led to the

ADMINISTRATIVE/INTERNAL USE ONLY

---

## Page 27

4-00000

ADMINISTRATIVE - INTERNAL USE ONLY

assassination of President John F. Kennedy; the

assassination itself; and investigations of or inquiries

into the assassination.

§ 1400.1(a). This language in overbroad in two respects. First,

the phrase events that may have led to is both broader than

relates to as in the Act and provides no articulable standard.

For instance, the theme in the Oliver Stone movie JFK appears to

the than tra

be that President Kennedy was assassinated as a result of a

conspiracy to keep the war in Vietnam from winding down. Under

the proposed regulation, the Board might consider all records

concerning the war in Vietnam during the Kennedy Administration -

as being assassination records.

Without a standard, the phrase

is permits arbitrary and inconsistent application.

Third, it

includes information about investigations and inquiries other

than those conducted by those entities identified in the Act.

Although the Board states that it is following the intent of

intent of

Congress in seeking the most comprehensive disclosure of records

related to the assassination, it appears the Board may be

exceeding its authority.

4. The definition further states that assassination record

includes, without limitation

... all records as defined in Sec.

3(2) of the ARCA.

See § 1400.1 (b) (1). Thus, by its terms it

exceeds the statutory definition.

Further, it is unhelpful

because by refusing to limit itself to any articulable class of

records it remains unlimited and subject to constant

re-interpretation by the Board.

5. The proposed definition of additional information and

records under proposed $ 1400.2 is objectionable because the

regulation does not provide the intended use of the definition.

The Board may be attempting to provide a definition useful in

interpreting the Boards authority under §7 (j) (1) (C) (ii) of the

Act:

The Review Board shall have the authority to act in a manner

prescribed under this Act including authority to ... direct

a Government office to make available to the Review Board,

and if necessary investigate the facts surrounding,

additional information, records, or testimony from

individuals,

which the Review Board has reason to believe.is

required to

fulfill its functions and responsibilities under

this Act....

(Emphasis added.) If this is the case, the Board should

expressly so state and provide opportunity for informed comment

on that application.

For instance,-proposed § 1400.2(a) includes

all documents used by the agency during its declassification

review.

This definition could include requests for legal advice

on particular matters.

Such advice would be protected within the

particular agency by attorney-client privilege and should not be

provided to an extra-agency body.

ADMINISTRATIVE - INTERNAL USE ONLY

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## Page 28

14-00000

6.

Please

ADMINSTRATIVE INTERNAL USE ONLY

call me with any questions or suggestions.

Robert J. Eatinger, Jr.

CC:

ADMINISTRATIVE - INTERNAL USE ONLY

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## Page 29

14-00000

ADMINISTRATIVE - INTERNAL USE ONLY

TO:

FROM:

DATE:

SUBJECT:

John N. Greer @ DCI

John F. Pereira

03/02/95 05:07:45 PM

Re: Proposed Regs by JFK Assassination Records Review Board

Sie ue pre in al ein so the ort trie es an die et alinge as vina memo on tie

The Board's deadline is 10 March.

Any additional thoughts would be welcome

CC:

Edmund Cohen @ DA @ DCI, J. Edwin Dietel @ DA @ DC1, Edward P. Moffet ® DCI, Thomas J. Benjamin ® DCI

-==

ADMINISTRATIVE - INTERNAL USE ONLY

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## Page 30

14.00000 .

-.

--

ADMINISTRATIVE • INTERNAL USE ONLY

From the Desk off John N. Greer

OCA

NOTE FOR:

FROM:

DATE:

SUBJECT:

Edmund Cohen @ DA

J. Edwin Dietel @ DA

John F. Pereira @ DA

<-John N. Greet>

03/02/95 04:22:48 PM

Proposed Regs by JFK Assassination Records Review Board

Page and I are very concerned about the overly broad reach of the proposed regulations of the JFK Board. I have prepared specific

comments that I will send by separate cover. In essence, we are concerned that the regs reach too far into Agency records and stray too

far from the definition of an "assassination record" in the law. What input does CIA have into this process and what are the time

constraints? It looks like a power grab. It seems to us that Cohen should engage immediately in his role as Chair of the Agency Release

Panel. The full ARP might wish to address these issues at it 9 March meeting. Please advise.

CC:

Edward P. Moffet @ DCI

Thomas J. Benjamin:@ DCI

ADMINISTRATIVE - INTERNAL USE ONLY

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## Page 31

14-00000

CONFIDENTIAL

NOTE FOR:

FROM:

J. Barry Harrelson @ DA

Gloria M. Bayd

DATE:

03/02/95 09:25:33 AM

SUBJECT:

Response to the JFK Proposed Regulation

This vehicle seemed to be the best one available to pass my "bullets" to you. Perhaps you can dump them in a Word file and

ammend them with your thoughts.

1400.1 Interpretation of Assassination Record

a.) non-limiting descriptor "may have led to the assassination"

makes us vulnerable for capricious search demands

<Ep31

ofreport

1400.2 Interpretation of Additional Records

says R.B should

a.) and b.) This relates to Agency classified resources that refer to

the total Agency mission. - well beyond the "assassination" subject.

act on a reasmabl

identification of all such resources will require a separate effort

basis

requiring substantial resources. In addition it may be impossible to

identify all such specific resources as the review effort involved

many people having experience throughout the Agency.

These resources are classified and most probably would be

recommended for "indefinite" postponement.

d.) and e.) Information described in these sections has been and is

protected by the National Security Act

--

As a time period for this information is not stated it is thus implied to

be open ended and that all such information would be made

available.

Major Concern

201 dOpfiles

1400.5 Requirement That Assassintion Records Be Released In Their

Entirety

If an individual's

- Nonrelevance issue will most likely result in marked increase in

minor involuement.in

postponed records.

Othe JEk stay or in

1400.6 Originals and Copies

anti Cuban activitier

a) Lange portion of GA: FK olecionis comprisedo engies A Male his complete

search for originals will require a massive resource commitment.

There te dian i sure it outer of rody ented file fall filos on

documents in the collections.

1400.7 Additional Guidance

the midividual) we

d.) Application of this requirement may well jeopardize current

postponements aimed at protecting Agency personnel and sources

This requirement also implies a new generation of searches to

"round-out" or to verify previous searches and retrieved material..

* privery problem

CC:

1357

---

## Page 32

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ADMINISTRATIVE - INTERNAL USE ONLY

7 March 1995

NOTE FOR: Bob Eatinger, OGC

SUBJECT:

JFK Proposed Regulations

As we discussed, I would appreciate your view as to

whether OGC should send a separate paper to the JFK Board on

the proposed regulations.

The attached is what we in HRG propose to coordinate in

the Agency today, " March, depending on your view.

I'11

hold off circulating the attached draft for comment until

I've heard from you.

(The Board asks

for comments by 10 March.)

John Pereira

ADMINISTRATIVE - INTERNAL USE

ONLY

---

## Page 33

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ADMINISTRATIVE • INTERNAL USE ONLY

ADMINISTRATIVE - INTERNAL USE ONLY

9 March 1995

MEMORANDUM FOR:

FROM:

SUBJECT:

REFERENCE:

J. Barry Harrelson @ DA

(Jane C. Heishman

JFK Assassination Records Proposed Regulations

Per your request. Anthony Frasketi concurs with the proposed regulation.

CC:

(James J. Böney @ DST

Anthony R. Frasket. @ DST

---

## Page 34

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ADMINISTRATIVE - INTERNAL USE ONLY

CSI-0319/95

8 March 1995

NOTE FOR:

D/IM/ADDA/IS

DCI / IRO

DA / IRO

DI / IRO

DO/ IRO

DS&T / IRO

OGC (Bob Eatinger)

DD/OCA

C/IP&CRD

C/RDP/MSG/OIT

FROM:

John Pereira

Historical Review Group

SUBJECT:

JFK Assassination Records

Proposed Regulations

Please review attached draft comments on the proposed

regulations prepared by the JFK Assassination Review Board.

Our deadline for comments to the Board is 10 March, so

please send me or Barry Harrelson your suggestions by cob

9 March

Jhe Perina

John Pereira

Attachments

ADMINISTRATIVE - INTERNAL USE ONLY

---

## Page 35

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8 Man

Mr. David Marwell

Dear David,

We appreciate the opportunity to comment on the

Assassination Records Review Board's proposed interpretive

regulations as published in

the Federal Register,

8, 1995.

Ne recognize the value of providing guidance fol

those who are responsible for implementing the Assassination

Records Collection Act.

Our general view is that the regulations are

comprehensive in identifying the range of records that would

ootentially be relevant to the JFK assassination or the

scope of the investigations into the assassination.

In a few sections of the regulations the wording seems

somewhat overly broad or the meaning is not clear.

Attached

for the Board's consideration are comments on these

sections.

In some parts of the text we suggest possible

changes

in wording for purposes of clarification.

We would be pleased to discuss these comments at the

Board's convenience.

It is our intention to continue

cooperating fully with the Board and to make every effort to

release assassination records held by the Agency.

John F. Pereira

Historical Review Group, CIA

---

## Page 36

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Following are CIA's comments on specific sections of the

Assassination Records Review Board's interpretive

regulations, as published in the Federal Register, February

8, 1995.

1.

Section 1400.1 Interpretation of Assassination Record

In paragraph (a) the reference to "activities and events

that may have led to the assassination--"

broad,

and appears to go beyond the limits established in

the Assassination Records Collection Act.

We believe that

it would be helpful to include an articulable standard in

this section.

The

present text would permit inconsistent

application of the regulations, which might encourage

massive and expensive, additional records searches that are

of doubtful value.

The following change is suggested in paragraph (a):

"activities and events that may reasonably be

considered to have led to the assassination--"

be consistent with the Act.)

(This would

2.

Section 1400.2 Interpretation of additional records and

information

Paragraph (a) raises a question as to the purpose and

definition of "additional records and information.

The

meaning of the phrase "all documents used--during

declassification review of assassination records

as well as

all other documents--"seems unclear. Is it the intention to

include any document, book, index, record system, etc.

regardless of relevance to the assassination or

investigations, including for example, legal opinions?

We

assume that the purpose is to enable the Board to request

and review additional records.

We suggest that the section be made more specific,

including a clearer statement of the intent.

For example,

with

respect to cryptonyms,

codewords, guides, etc. a more

• precise link to events related to the assassination or to a

timeframe could be helpful.

---

## Page 37

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3.

Section 1400.5

Requirement that assassination records

be released

in their entirety

The introductory paragraph specifies that "no portions

of any assassination record shall be withheld-solely on

grounds of non-relevance."

This appears to open the door

for access to

entire documents that contain information on

sensitive activities even when the documents contain.

information that is only incidental to the assassination,

such as a passing reference to a name.

There is a potential

risk that sensitive, non-relevant sources and methods would

be compromised.

We suggest that the Board consider adding wording to this

section that accommodates those instances when there is a

to release ample information from a document to

disclose assassination-related material, while still

protecting obviously unrelated, sensitive information. The

Board, of course, would continue to have access to the

entire record.

4. Section 1400.7 Additional guidance

Paragraph (d)

states "any records identified with

respect to a particular person also includes any records for

who are merely mentioned in an assassination record be made

available.

Is the objective really to assure that all files

on an individual or activity be made available regardless of

the labels on the files ? If so, we suggest that the text be

modified to reflect this.

---

## Page 38

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..

In the letter to David, I would add at the end of the third

paragraph:

"Our Office of General Counsel provided some legal comments

on the scope of the definition that we've included in the

attached."

In the attachment under the comments to Section 1400.1:

After the first sentence,.

ending with "beyond the limits

established by the [ARCA]", I suggest adding the following

sentences:

"The Act authorized the Board to issue interpretive

regulations.

Interpretive regulations, while entitled to great

deference, cannot be inconsistent with

the congressional intent

to cover only certain specific activities.

Rather, they should

stay within the clearly articulated definitions provided by

Congress.

This is particularly important with respect to the

definition of

"assassination records" since the ARCA has a

overriding effect on other statutory grants of power found

necessary in the interests of national security, such as the

National Security Act's direction that the Director of Central

Intelligence protect intelligence sources and methods from

unauthorized disclosure. The ARCA provides a statutory standard

for protecting or "postponing" intelligence sources and methods"

that applies only to "assassination records."

The standard in

the ARCA restricts those sources and methods that can be

protected in assassination records.

The Review Board is given

the ultimate authority to apply that standard, subject to being

overridden only by the President.

Thus, the ARCA reflects a

congressional desire to limit the DCI's

authority to protect

sources and methods, but only for

"assassination records" as ARCA

defined it.

An interpretive definition by the Board that would

sweep in records not covered by the Act, we believe, would exceed

the Board's limited rulemaking authority.

Thus, the proposed

definition should be limited more clearly to those records

identified by Congress as

"assassination records.

To do this, we

believe

....

---

## Page 39

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This page is

FROM

Esitangoe

3/10195

2. General Comment

In the letter to David, I would add at the end of the third

paragraph:

"Our Office of General Counsel provided some legal comments

on the scope of the definition that we've included in the

attached.

In the attachment under the comments to Section 1400.1:

After the first sentence,

ending with "beyond the limits

established by the (ARCA]"

, I suggest adding the following

sentences:

"The Act authorized the Board to issue interpretive

regulations.

Interpretive regulations, while entitled to great

deference, cannot be inconsistent with the congressional intent

to cover only certain specific activities.

Rather, they should

stay within the clearly articulated definitions provided by

Congress.

This is particularly important with respect to the

definition of

"assassination records" since the ARCA has a

overriding effect on other statutory grants of power found

necessary in the interests of national security, such as the

National Security Act's direction that the Director of Central

Intelligence protect intelligence sources and methods from

unauthorized disclosure.

The ARCA provides a statutory standard

for protecting or "postponing" intelligence sources and methods"

that applies only to "assassination records."

The standard in

the ARCA restricts those sources and methods that can be

protected in assassination records.

The Review Board is given

the ultimate authority to apply that standard, subject to being

overridden only by the President. Thus, the ARCA reflects a

congressional

desire to limit the DCI's authority to protect

sources

and methods, but only for "assassination records" as ARCA

defined it.

An interpretive definition by the Board that would

sweep in records not covered by the Act, we believe, would exceed

the Board's limited rulemaking authority. Thus, the proposed

definition should be limited more clearly to those

records

identified by Congress as "assassination records.

To do this, we

believe

---

## Page 40

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2. Following are comments on specific sections of the

Assassination Records Review Board's interpretive

regulations, as published in the Federal Register, February

8, 1995.

a. Section 1400.1 Interpretation of Assassination Record

In paragraph (a) the reference to "activities and events

that may have led to the assassination--"

seems overly

broad, and appears to go beyond the limits established in

the Assassination Records Collection Act.

We believe that

it would be helpful to include an articuable standard in

this section.

The present text would permit inconsistent

application of the regulations, which might encourage

massive and expensive, additional records searches that are

of doubtful value.

The following change is suggested in paragraph (a) :

"activities and events that may reasonably be

considered to have led to the assassination--"

(This would

be consistent with the Act.)

b.

• Section 1400.2 Interpretation of additional records

and information

Paragraph (a) raises a question as to the purpose and

definition of "additional records and information."

The

meaning of the phrase "all documents used--during

declassification review of assassination records as well as

all other documents--"seems overly broad and unclear. As

presently worded, this section would appear to include any

document, book, index, record system, etc. regardless of

relevance to the assassination or investigations, including

for example, legal opinions.

We assume that the purpose is

to enable the Board to request and review additional

records.

We suggest that the section be made more specific,

including a clearer statement of the intent. For example,

with respect to cryptonyms, codewords, guides, etc. a more

precise link to events related to the assassination or to a

timeframe could be helpful.

c.

Section 1400.5 Requirement that assassination records

be released in their entirety

The introductory paragraph specifies that "no portions of

This appears to open the door

for access

to entire documents that contain information on

---

## Page 41

4-100000

sensitive activities even when the documents contain

information that is only incidental to the assassination,

such as a passing reference to a name.

There is a potential

risk that sensitive, non-relevant sources and methods would

be compromised.

We suggest that the Board consider adding wording to this

section that accommodates those instances when there is a

need to release ample information from a document to

disclose assassination-related material, while still

protecting obviously unrelated, sensitive information. The

Board, of course, would continue to have access to the

entire

record.

d.

Section 1400.7 Additional guidance

Paragraph (d) states "any records identified with respect

to a particular person also includes any records for that

person by any other name, pseudonym, codeword," etc.

appears to require that all records on any individuals-who

are merely mentioned in an assassination record be made

available.

We assume that the purpose is more specific

i.e., to assure that all files

on an individual or activity

be made available regardless of the labels on the files. We

suggest that the text be modified to reflect this.

---

## Page 42

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...

_MAR D.1

*95 12:51PM

ADMINISTRATIVE INTERNAL USE ONLY

P.2

1 March 1995

MEMORANDUM FOR:

John Pereira

Barry Harrelson

CSI/HRG

FROM:

Kathryn I. Dyer

DI / IRO

SUBJECT:

Comments--ARRB Proposed Interpretive Regulationg

1.

I have reviewed the proposed interpretive regulations

drafted by the Assassination Records Review Board, particularly

the sections addressing the ARRB's interpretation of the scope of

certain provisions of the Assassination Recorda Collection Act.

While 1 nave commenta on a number of sections, there is one

section in particular which raises serious concerns--principally

1400.2 regarding additional information and records.

2.

As presently worded, this section opens up significant

recorde which have nothing to do per se with the assassination,

and which are currently protected by various laws, including the

National Security Act of 1947, and, moreover, are exempt from

disclosure under the Freedom of Information Act.

For example, (d) Organizational charts of government agencies.

(e) Records necessary and sufficient to describe the

the

Agency's:

(1) Records policies and schedules;

(2) Filing systems and organization; and

(3) Storage facilities and location.

tems (a) and (b) of this section (1400.2) also pose simila

roblems in that (a) includes all documents uned by agencie:

during their declassification review... This includes all

materials including omnibus classification guides or other

materials (1.e. not merely those prepared for use in the Jek

review) which would identify sensitive material across the board.

Similarly, item (b) includes materials "created or uged by

agencies

in furtherance of their review...."

should at a minimum be restricted to items created by agencies

for use in the assassination reviews.

a master list of cryptonyms, some of which appear in JFi

documents, only the subset should be included. Generic

categories of information which stand alone on their own merits

should be omitted.

ADMINISTRATIVE INTERNAL USE ONLY

---

## Page 43

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MAR 01 '95

12:52PM

ADMINISTRATIVE INTERNAL USE ONLY

P.3

Recommend: Delete Items (d) and (e).

Subpart (a) should be

confined to documents created by agencies (vice used) during

their declassification review.

to significant areas of information that are protected by other

daws (1.e., crcumvention of the fola.)

If provisions (d) and (e) are not deleted and a and b

not limited to materials created by or created solely for use in

the assassination review, an additional section should be added

that applies to section 1400.2 in its entirety.

This should

state that information created independent of the assassination

review will be released unless protected by other laws, Executive

Orders, and/or regulations.

3. Other Comments:

1400.1 (a)

Recommend:

Insert the word "reasonably" between "may have

(reasonably) led to the assassination..."

The mere allegation that foreign events or

international developments may have led to the

assassination at this point in time (after all

the investigations) should not bring recorda

not related to the assassination on their face

within the scope of this act. There should be

an objective standard, 1.e., reasonable person

1400.6

Originals and copies.

Recommend: (2) and (3) Add the word "available" after "the

earliest generation print (available)."

Otherwise no provision to cover situation when

earliest generation print can't be located.

2

ADMINISTRATIVE INTERNAL USE ONLY

---

## Page 44

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•MAR 01 '95 12:53PM

ADMINISTRATIVE INTERNAL USE ONLY

P. 4

1400.8

Implementing the ARCA - Catalog of Assassina-

tion Records. (COAR)

Sections (a) and (c) appear to be inconsistent.

As presently worded, former specifies all

records will be listed in COAR latter sectior

mplies not all records will be listed, i.e.

eouirement that in listing one must determir

that the record will more lixely than not

enhance, enrich....

4.

If any questions, please call 54644 (secure).

Sarry-S. Ages

achryn I. Dyes

3

ADMINISTRATIVE INTERNAL USE ONLY

---

## Page 45

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ADMINISTRATIVE - INTERNAL USE ONLY

NOTE FOR:

FROM:

DATE:

SUBJECT:

John F. Pereira @ DCI

Eldon I. Hatch@ DA @ DCI

02/21/95 02:15:20 PM

Comments re the JFK Assassination Records Collection Act of 1992

1. In general there is not much in the regulation to cause the DA undo concern except for Sec. 1400.2 Interpretation of

additional records and information; specifically (e), 11, (2), & (3). The schedules are classified in the agregate, filing systems and

organization structures are classified in toto, and the storage facility is an Agency Records Center at a classified location. I know this

may not be a lot of help, but l have little or no argument/comment concerning the other sections.

2. If you have any questions/comments, please call me on 30683) or note.

CC:

ADMINISTRATIVE • INTERNAL USE ONLY

---

## Page 46

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Central Intelligence Agency

Washington, D.C. 20505

22 February 1995

Executive Secretariat

Information Review Officer

John F. Pereira

Historical REview Group

Attn:

Barry Harrelson

Barry,

Do not agree with "no portions of any

assassination records shall be withheld

from public disclosure solely on grounds

of non-relevance." See Section 1400.5.

Non-relevant material should not have to

be reviewed for declassification & release.

This could be a never-ending project.

Thanks

or the opportun yao go to

DCI / IRO

---

## Page 47

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1 March 1995

MEMORANDUM FOR:

Mr. Periera

FROM:

Gary Breneman

SUBJECT:

Comments on Proposed Rules, 36 CFR

Part 1400, Concerning JFK Records

Collection Act of 1992

1. You asked that I review subject proposed rules and

provide my thoughts and concerns. This is in response to

that request.

2.

As a general statement, the proposed rules are not

well written and seem to try to cast the biggest net

possible.

With reference to poor draftsmanship, note that

at Sec. 1400.?, they introduce a term "additional information

and records,

and describe what the term includes.

Compare

sections 1400.3 relating to "sources" and 1400.4 relating to

"(types of materials."

In the latter, they have reversed

the term and used "additional records and information."

While the intent is fairly clear, it causes one to wonder

what they had in mind.

3. With reference to the big net approach, it is a

basic rule of statutory and regulatory drafting to not write

laws and regulations which cannot be enforced. In this

regard, I know of no authority in U.S. law, including the

JFK Act, which would give the Board jurisdiction over

records which "may be located at, or under the control

of,

..." (f)oreign governments."

See 1400.4 (b). I have a

similar concern with respect to "private"

records. Cf. Sec.

1400.1 (a).

4.

On the nonsensical side of the big net approach is

every book, magazine and newspaper article and which has

ever been written that may "report, analyze, or interpret"

the assassination.

See 1400.1 (a).

If read literally, the

Agency would have to give up all of its collections of

private books, etc. which fall within this definition. This

is particularly true of those books we referred to here

within HRG for information and understanding as we conducted

the review.

See 1400.2 (a) -- (a)ll documents used by

government offices and agencies during their

declassification review of assassination records..."

---

## Page 48

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With specific reference to the requirement of

1400.2 (a), the Agency should be concerned about its records

within the

Do which tie crypts to true names of projects and

alias' and pseudos to the true names of individuals.

Because we regularly called the DO office responsible for

these matters for assistance in identifying the projects and

names behind the crypts and alias, ' this subsection would

seem to place those document holdings within the reach of

the Board. This needs to be addressed.

Turning to 1400.7 (d), the Agency should be very

careful here.

In HRG's review and release of documents, we l

have often given out an alias but protected the true name.

In others, we have given out the true name but protected the

alías or pseudo.

This section seems to vitiate that effort

and needs to be addressed.

6. I have several thoughts on the non-relevaht issue

which would take several more

paragraphs. Suffice it to

say, carried to its extreme, if the Board can in any way

make the case a document is

an assassination record, then

they are

entitled to access to it and may direct its

release.

I would be pleased to discuss any of these items

with you if you wish.

---

## Page 49

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2 March 1995

Assassination Record Definition: Comments

Background Section:

sch a case ta on are in a of he got as a a

accompany S. 3000]

Section 1400.1 - Interpretation of Assassination Record

recorda) atsay natio record in cludes nation.

[S.3006

states that the "Board should act on a reasonable

basis in requesting additional records. Recommend we insert

"reasonably" into statement after "have" (or change may to

reasonably could)]

(b) (2) "All records...or segregated by all

Federal...agencies in conjunction with any investigation..."

[means all "microfilm" documents are assassination records,

and will have to be reviewed

and accounted for even if we

are successful in "postponing" most of these records]

1400.2

Interpretation of additional records and

information.

(a) "All documents used by government offices and

agencies during their declassification review of

assassination records as well as all other documents,

cryptonyms, Code names, Or oter ideatication material in

assassination records.

[Section (a) is too inclusive; as written would include ANY

document, book, index, record system or other material

book, ender, «cora

consulted or "used" during the review, regardless of

relevance

to JEK assassination.

In fact, most of the

material

"used" in the review was used to determine if

information/names/etc. had been previously released and had

nothing to do with the assassination or investigations.

Also the part of the statement following "as well as" needs

clarification.

Are they asking for all records that contain

information on individuals mentioned in assassination

records or are they asking for the records/indices/etc. that

were

used to identify individuals mentioned by crypt or code

name in assassination records.

I the amendment recommended by FBI covers CIA concerns;

ideally the word "used"

should be changed to "created"j

---

## Page 50

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1400.2 (continued)

(b) & (c) [ ok]

(d) & (e) ladd wording to identify time period for

these records such as "at the time of the assassination and

investigations"

1400.5 Requirement that assassination records be released in

their entirety.

An assassination record shall be disclosed in its

ntirety except for portions specifically postponed

o portions of any assassination records shall be withnela

from public disclosure solely on grounds of non-relevance.

[If this applies to an "individual" assassination record

then there is no problem. However, if it applies, as I

suspect, to files and groups of records then we have a major

problem of privacy and source protection with the OP and 201

files. It may be possible to

'postpone" the 201 and OP

with "incidental appearance of assassination material" seems

a better approach. Our proposed amendment should include

"files" as well as

"records"

1400.6 Originals and Copies

(a) (2) add "available" after "the earliest generation

print"

(b) in cases where a copy, as defined in paragraph (a)

of this section is authorized... the board may...require a

certified copy.

1400.7 Additional guidance

(d)... Any records identified with respect to a

particular person also includes any records for that person

by any other name, pseudonym, codeword, symbol, number or

cryptonym...

[This needs clarification. It the goal of this section is.

to ensure that all files on an individual/project are

provided regardless of how filed (under name, crypt,

etc.)

then I do not see a problem.

However, with out clarifying

language, this section could lead to the type of situation

described by Gloria. FBI also requested clarification.]

---

## Page 51

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Issues:

Non-related (36,000+ pages) and OP (10,000 pages) material

in microfilm collection

even thought the request dealt with specific events o

timeframes.

However, given their objective of going

"beyond" previous investigations, I not sure this would have

any impact.

A different approach would be to deny or postpone personnel

type files including 201s that are not related to the

assassination (guidelines to be established in consultation

with the Board) as unwarranted invasion of privacy and/or

Non-related material are from 201 files; the remaining

10,000+ pages are from organization and project files.

-.:

---

## Page 52

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1o thack

1'O:

C/HRG

Subject: OGC's comments on proposed JFK regulations.

Bob's comments should be included in our response to

however, not as he has recommended.

The language

existing text; I think his comments will work better as a

separate paragraph or as an addendum.

Barry

---

## Page 53

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ADMINISTRATIVE - INTERNAL USE ONLY

10 March 1995

MEMORANDUM FOR:

FROM:

SUBJECT:

REFERENCE:

J. Barry Harrelson @ DA

John F. Pereira

JFK Assassination Records Proposed Regulations

10 March 1995

MEMORANDUM FOR:

John F. Pereira @ DA

FROM:

SUBJECT:

William H. McNair

DO/IRO

JFK Assassination Records Proposed Regulations

REFERENCE:

CS -03 19/95, subject as above, dtd 8 March 1995

1. The DO concurs in ref comments and would add the following:

A. Comment Par 2 re Section 1400.2 - para d and e(3) call for "Organizational

charts. of government agencies" and "Records necessary and sufficient to describe and agency's

storage facilities and locations".

Organizational charts of detail are classified and release would have to be

balanced against DCI mandate to protect such details.

Description and location of agency's storage facilities are classified and

release of such information would have to be balanced against security concerns and DCI mandate

to protect such information.

B. Comment 4 re Section 1400.7 - Consideration should be given to protect

records and files of different time frame not related to JFK where the subject is but a passing

name or reference. To reveal full records could endanger national security without adding to

body of information relating to JFK.

2. Believe these two comments should be considered for inclusion into official CIA.

remarks.

CC:

CC:

ADMINISTRATIVE • INTERNAL USE ONLY

---

## Page 54

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ADMINISTRATIVE - INTERNAL USE ONLY

NOTE FOR:

FROM:

DATE:

SUBJECT:

John Pereira @ DCI

Barry Harrelson @ DCI

Kathryn I. Dyer @ DI@DCI

03/10/95 08:13:32 AM

Comments re Assassination Records Review Board's Interpretive

Regulations

1. I have reviewed the draft comments prepared for the Agency regarding the AARB's

proposed

interpretive regulations and believe some modifications are in order.

2. First and foremost, the comments regarding Section 1400.2 do not adequately address the concerns previously raised regarding the

unbridled inclusion of categories of records that have nothing to do with JFK's assassination, e.g., organization charts, records schedules,

filing systems, etc. This section should

• be limited to items created by agencies for use in the assassination review. Generic categories.

of information which stand alone on their merits should be included. This section is overly broad

and inclusive. (Please see the discussion in my 1 March memorandum.) Contrary to the proposed

comment that the intent of this section is "unclear". I think it is eminently clear, and that's the problem.

I think our concerns would be better served by raising in terms of scope rather than intent. Also

recommend against asking questions such as "Is it the intent..?" Heck, yes! Would suggest wording

along the lines-"As presently worded, this section would appear to include..."

3. The proposed comment on Section 1400.7 opens the door to all records on a person vice those

relevant to the assassination inquiries. Do we really want to set ourselves up for the obvious response to the question we are asking?

There are a number of different points here that need to be clarified, all dealing with scope. The board's legitimate concern that all

records on an individual records be addressed (regardless of how filed, eg.under another name, pseudonym, etc. ). And an equally

legitimate Agency concern that

1.) records on an individual when the records themselves are not relevant to the assassination inquiry,

(i.e. other records on the individual may be), or 2. ) that all records on individuals who merely happen

to be mentioned in a document falling within the scope of the assassination inquiry but the individuals themselves are not the subject of

investigation) should not be subsumed within the scope of these

CC:

ADMINISTRATIVE • INTERNAL USE ONLY

---

## Page 55

4-00000

To:

C/HRG

Subject:

OGC's comments on proposed JFK regulations.

1)

OGC submission

Bob's comments should be included in our response to

the Board,

the one a wey dietent and does co easted we lanata

existing text; I think his comments will work better as a

separate paragraph or as an addendum.

2)

DI IRO

Kathy's comments on section 1400.2 are on target, but a

little strong. I don't think the board will buy changed

Our proposed response, as written,

does question the scope but not directly.

(note:

The FBI

proposed wording, if accepted by the board, would.

satisfactorily limit the scope of this section).

She does

have a point in changing "intent" to "as presently worded".

On section 1400.7, Kathy's reaction is the same as

Gloria's.

I think our

response adequately address the

concerns here, but could be strengthen without changing the

tone of the response. (Note - OGC comments will also address

'scope" which clearly is Kathy's primary concern.

Barry

-.

---

## Page 56

14-00000

Mr. David Marwell

Dear David,

We appreciate the opportunity to comment on the

102050 cognite he value go proper grease an

those who are responsible for implementing the Assassination

Our general view is that the regulations are

comprehensive in identifying the range of records that would

potentially be relevant to the JEK assassination or the

scope of the investigations into the assassination.

In a few sections of the regulations the wording seems

somewhat overly broad or the meaning is not clear.

Attached

for the Board's consideration are comments on these

sections.

In some parts of the text we suggest possible

changes in wording for purposes of clarification.

We would be pleased to discuss these comments at the

Board's convenience.

It is our intention to continue

cooperating fully with the Board and to make every effort to

release assassination records held by the Agency.

John F. Pereira

Historical Review Group, CIA

---

## Page 57

4-00000

Following are CIA's comments on specific sections of the

Assassination Records Review Board's interpretive

regulations, as published in the Federal Register, February

8, 1995.

1. Section 1400.1 Interpretation of Assassination Record

In paragraph (a) the reference to "activities and events

that may have led to the assassination--"

seems overly

broad, and appears to go beyond the limits established in

the Assassination Records Collection Act. We believe that

it would be helpful to include an articuable standard in ,

this section.

The present text would permit inconsistent

application of the regulations, which might encourage

massive and expensive, additional records searches that are

of doubtful value.

The following change is suggested in paragraph (a):

"activities and events that may reasonably be

considered te have led to the assassination--"

(This would'

be consistent with the Act.)

2.

Section 1400.2 Interpretation of additional records and

information

Paragraph (a) raises a question as to the purpose and

definition of "additional records and information."

meaning of the phrase "all documents used--during

declassification review of assassination records as well as

all other documents--"seems unclear. Is it the intention to

include any document, book, index, record system, etc.

regardless of relevance to the assassination or

investigations, including for example, legal opinions? We

assume that the purpose is to enable the Board to request

and review additional records.

We suggest that the section be made more specific,

including a clearer statement of the intent. For example,

with respect to cryptonyms, codewords, guides, etc. a more

precise link to events related to the assassination or to a

timeframe could be helpful.

3. Section 1400.5

Requirement

that assassination records

be released in their entirety

The introductory paragraph specifies that "no portions

of any assassination record

shall be withheld--solely on

grounds of non-relevance."

This appears to open the door

for access

to entire documents that contain information on

sensitive activities even when the documents contain

i

---

## Page 58

4-00000

B

information that is only incidental to the assassination,

such as a passing reference

to a name.

There is a potential

risk that sensitive, non-relevant sources and methods would

be compromised.

We suggest that the Board consider adding wording to this

section that accommodates those instances when there is a

need to release ample information from a document to

disclose assassination-related material,

protecting obviously unrelated, sensitive information. The

Board, of course, would continue to have access to the

entire record.

4. Section 1400.7 Additional guidance

Paragraph (d) states "any records identified with

respect to a particular person also includes any records for

that person by any other name, pseudonym, codeword," etc.

This appears to require that all records on any individuals

who are merely mentioned in an assassination record be made

available.

Is the objective really to assure that all files

on an individual or activity be made available regardless of

the labels on the files? If so, we suggest that the text be

modified to reflect this.

---

## Page 59

1ЛЛU

Federal Register / Vui. 60. No. 124 / Wednesday, June 28, 1995 / Rules and Hogulidions

33345

10) uf thus section shull be completed by

October 1. 1995.

PAHT 1926 SAFETY AND HEALTH

REGULATIONS FOR CONSTRUCTION

5. The aushonly cilation of subpart '2

of 29 CFR Part 1936 is retried lu read

Authoriry: Secluns 6 mial 8, Decupational

Saiely and Health 10r, 23 US.C. Üss. 657.

Seciclury of Libur's Carrera Nos 12-71 136,

Fx d7541. 8-76 (41 FK 25054). Y-83 148 FR

35736/087-90 155 Fi SUOl) as applicable.

Sochion 1926 1101 also Issued under 5

Suction 1920.1102 nut Isgued saul: i9

üSt. 6510829 C'R part 1ys1. aiso listied

Sechion 1y2i 1103 1hr0ugh 1936, 1118 alsu

Soction 1920.1128 also mandel under 29

SectIOn 1526.1145 and 1426 1188 9l500

1s5ued under 29 U.S C 657

section 1916 11a8 alad issucd under 2y

6 Secuon 1926.1101 1s amended by

revising paragraph (a) to read ás follou's:

§ 1920.1101 ASDOS1O3.

(0) Dotes. (1) This standard shall

bocome eficutive Octobor 11.199÷.

(P) The provisions of 30 CFK 1936.58

remain on a flore until the sean up dales

of the ecarvalene provisions of las

starduid

13: 18ur up coles. Ali obligaluns col

dare except as follows

(1) Meihois of complance. The

engineuring and word precice contuls

required by paragraph (e) uf llas sectis

shall be unplemented by October 1.

(1) Flespiratory protection.

Kespiralory protection required by

paragraph thy of this sectur shall be

provided by Octobor 1. 1995.

(in) Hugene facilities and practices

tur employres Hygience lackes ano

practices required by paragraph (p) of

thas sectiun shall be provided by

Octobor 1, 1995.

(ir) Communication of hazards

Identication. nutheatron. laboling and

sign posting, and training required by

paragraph (A) of thus section shall be

provided by Oirober 1, 1995

(v) Housekeepsug Housekeeping

proctices and controis required by

paragraph (1) of shas soction shall be

provided by Oclober 1. 1995.

(vI) Medical surveillance required by

paragraph (in) of this section shall Ur

provided by Dcruber 1, 164.95

(vn) The designation and training of

comperent persons required by

paragraph (a) of this section shall be

completed by Oclobor 2, 1995.

IFR Do: 95-15796, Filard 6-27-95.8.75aml

BILLING CODE 451QZA-M

DFPARTMENT OF EDUCATION

34 CFR Part 685

AIN 1840 ACOS

Willlam D. Ford Federal Direct Loan

Program

AGENCY: Depanment of Education.

ACHION: Final regulations

SUMMATY: The Secretary amends the

rogulations governing the William D.

Ford Fodoral Direct Lian Program 1o

add the Office of Management and

Budgel (OMb) contrul number to cortain

suchions of the regulations Those

sections contain intormation collection

requisoments appruved by OMB The

Secrelary sales this action to inform she

buthe thist these sequireneuts have

been approved, and tharefore alfected

parties muse comply with them.

EFFECTIVE DATE: Inlus nation collection

requirements in the tinal regulations are

effectiva on July 1, 1995.

FOR FURTHER INFONMATION CONTACT:

Rachel Elablem, Policy Declopment

Division, Olfice ul Postsecondary

Education. U'S Departinere ut

Felicalion, lild Independreie drenue.

DC: 20202-2100. Te: 01 lone (202) 203-

yus Individuals sited lie d

idlecummunatune detice fur the deal

(TDD) may call the rederal laformalon

Kelay Serine (rikS; a1 1-800-877-9139

berween dam anel ô jo m Eastern limo.

Monday through Friday

SUPPLEMENTAHY INFORMATION: Final

regulations for the WillianD Furd

Fedoral Direct Loan Program wen

published on December 1. 1997(59 FR

61604). Compliance sail intormarien

collection requesterts in these

regulation; was delayed until those

requiremonts were apprend by Oh

under the PaDenurE Reduction AcT ol

1980 OMb approved the information

collection requirements un Ductles 7.

1994. Trose repure rents will therefure

bocome ritective. with the other

provesions of the regulatons on luly 1.

Haver of Proposed Rulemaking

It is the procuce ut the Steretary lo

olier inturested parties lie opponuniy

so common on pruposed regulations

towever. the publication of.OMB

control numbers is purely lochnical and

dues not establish substantive policy.

Therefore, the Sectolary has delermined

under 5 U.S.C. S53(b)(B), that public

comment on the regulations is

unnecessary and contrary to the public

interest.

List of Sulects in 34 CFR Part 645

Adsnin strative practice and

procedure. Colleges and unsturilliod.

Education, Loan programs-education.

Reporting and recorditaping

requirements, Student aid. Vocalional

educalion

Duled. June 23, 1995.

Dansel A. Lunganecher.

resistant Sorrelury fur Postcer.undury

Education.

The Secretory amends Part 605 of

Title 33 of the Code uf Federal

Regulations as follows:

PART 685 WILLIAM D. FORD

FEDERAL DIRECT LOAN PROGRAM

1. The authority cilution fur par 685

continues lu read as follows:

Authority: 20 UJ.S.C. 1087o er seg, unless

utherwise noted.

2. Sections 685 204, 685.206, 085.209,

685.213. 685.217, 685.215. 685.301.

685.302, 685.303. 685.309, and 685.401

itt amended by adding the OMB control

number following the sacuus lu read as

follows:

(Appiorco by le Office ul Management und

Dudger under curatul nurter 1810-d6i2)

(Fk De: 15-15848 Filed 6-2=-49 s 13 unl

UNLIME CODE LOGGIN

ASSASSINATION RECORDS REVIEW

BOARD

38 CFR Chapter XIV

Guldance on Interpreting and

Implemenung thy President John f.

Kennedy Assassination Records

Collection Act of 1992

AGENCY: Assassination Rocord: Kuview

Board

ACTION: Flial regulations.

SUMMARY: These final interpretive

regulations previde guidance on the

interpretation of certain terms included

in the F'residont John F Kennedy

Absassination Kecords Collocion act ui

1992 and on amplementation.of ic.rain

of the stature's provisions The linal

Interpretive regulations made effertive

she propused interpretive roguludloris

previously published by the

Assassinauor Recurds Revien Board

(Koviow Board) The Review Borid

revised the prumused intesprolice

---

## Page 60

ANAU

33346 Foderal Register / Vol. G0, No. 124 / Wednesday, June 28, 1995 / Rules and Regulations

rugulaliuds afler considering public

comment received in writing and

trough testimony al public hearings

convenod by the Review Board

EFFECTIVE DATI: Thoso intorpretaiivo

regulationg aro oltoctive June: 28.1995.

FON FUATHER INT OHMATION CONTACT:

T Jorumy Gunn, Acung General

Counsel, Assassination Recurds Review

Board, 600 E Streor, N.IV., Lud Floor,

Washingion, D.C. 20530, (202) 714-

0U88. fax (202) 724-0457.

SUPPLEMENTARY INFORMATION:

Background and Statulury Authorily

The Presidunt John F. Kennedy

Assassination Rocords Collectiun Act oi

1992, 44 U.S.C. 2107 (as amended) (JFK

AcI), ostablished the President John F

Karinody Assassination Keeurds

Collection UFK Assassination Records

Collextion) at she National Archives and

Records Administration (NARA). In

ocrablishing a process fur public

disclosure of all records roladerg to le

assassination, Congress cinator an

independent Fueloral agancy, tha

Assassination Records Kavien• Board.

that consists of live citizens appuinted

by the President and confirmed boy thei

Sonale in 19914. Under the JFK Act. the

Kevirw Bnard is empowvored to docide

"whether a record constitutos an

assassination record " 11 US.C

2107.7(i)(4J(A). Congress intendod that

the Koview Board "Issue guidince lo

assist in aniculating the scope or

universe of assassination secords."

President InlimF Kennedy

Assass1101101 Recurds Collection Act of

1992, S. Kep. 102-320. 102d Cony, 2d

Suss. 119921 at 21. These anal

intespretive regulations, a proposed

version of which wore published at bu

FR 7500-7508 (Feb. 8. 1995), comply

The Review Board's goul in issuing

his guidance is to implomont

cungressional intent that the JFK

Cullection conlain "the most

comprubionsive disclosure uf records

rolated to the assassinaton of Presidant

Kennedy." S. Kep 102-328. supra a 18.

The Bourd is also mindtul of Congress's

instruction that the Board apply a

"broad and encompassing" working

detinition oi "assassination record" in

urder to achiove the gual ul assembling

the tullest historical recard on this

tragic event in American history and on

thie investigations that were undertaken

in the assassination's Hermath. The

Board recognizas thal many agencies

began to urganize and review records

responsive lo che JFK Act even Delore

the board was appointed and began its

work. Nevertheless. the Board's an is

that this guidance will and in the

ultemato assembly and public disclosure

uí she fullest possible historical record

on this tragedy and un subsequent

svestigalioni and in guer es into it.

The linal interprotive regulations al

intended to luenuty comprehensively

Ile rango of records reasulably related

lu the assassination ot P'residon

Kenedy and investigatrous undertaken

in its aftermath. The final interpretive

regulations are also intended 1o aid in

the consistent, ellective, and officient

implementation of thu JFK Act and lo

establish procedures for including

issassination recurds in the )FK

Assassination Records Collection

established by Congress and huused al

NAKA's incilty in Colleges Park.

Maryland:

Nulice and Comment l'rucess

Tho Herew Board sought public

comment un lis proposed intesprelive

regular ous and sel i terry dry periud.

which ended on March 10, 1995, for the

purpose of receiving wroten comments.

The Koview Board also heard lestimory

al public hearings on aipoils ul the

proposed interpretve regulations. In

addiuon, the Kerlow Board sent copies

of the proposed interpretive regulations

1o agences kuwn to have an interest in

and lu be affaclud ley the Keview Board's

work, particulorly thoso that either

created or now huld assassination

records, and to the approplato oversight

commitlees in Cungress. The Koview

Board also sent notices ut the proposed

interpretive rogulations and request fur

conmones to many urganizations and

indeviduals who have desson.uatod an

interest in the release ni materials under

the JFK Act us who have engaged in

rasparch into the assassination of

The Keview Board received written

comments on the proposed interpretive

regulations from four Federal ayoncies.

three state and lual government

entities, and iwenty-one privale

individuals and urganizations with an

interost in tho Review Board's work.

rederal agencies providing stillan

comments include the Federal Bureau ot

Investigation (FBl), the Central

Intelligonce Agency (CIA). NAKA, and

the Department of State Siate or local

government endles providing written

comments include the Dallas (fexas)

County Commissioner's Court, lio

Dallas County Historical Foundation.

and the Cly of Dalla, Recurds

Management Division of the Olfice of

Prior to publication of the proposed

merpretive regulations, the Kevier

Board heard testimony at a public

hearing beld at sho kaview linard's

offices on Decembur 14, 1994, froin

representatives ul NARA on she

question of including artilacts in the

scope of the term "assassination

record." After publicatun of the

proposed interpretive ngulations and

bufore expiration of the comment

period, the Kotew Board heard

• lestimony as a public hearung on March

7. 1495, from the FBI end from several

individuals and representatives of

private organizations on their views

regarding the taxt of the proposed

interpretive regulations. Coples of all

written comments recused and

transcripts of public restimony on tho

proposud interprotive rgulitions merc

placud in the public reading room at the

Nuviow Duaru's afficos and made

available for inspruction and copying by

the public upor roquest.

Al a public meeting hold un May 3.

1995. for which notico was linely

published in the Federal Register

pursuast to the provissuns of the

Govemment in tho Swishune Act, the

Review Buaid cursidered à final drutt of

these interpretive regulatiuses That

discussion draft sacorporaind many of

the comments recervod by the Kevies

Buard on the proposad interpretive

regulalions. The Review Board

unanimously vored to adopt the lexi us

the discussion draft as as final

interprolivo regulations. The approved

text is, warb a low minur cortertions that

do nor chango the substance, published

here

Response lo Comments

The Keview Board found vory helpful

the thoughtiul ard, in many cases, very

detailed cominonts submitted on lik

proposad interpretive regulations

Nurly all of tbe commentalors

apressed support for what they

characterized as the proposod

interpretive regulatons'

comprehensiveness and flexibility. All

comments subroitted were caretully

studied and considorod by the Keview

Doard Submitters made both

substantive and technical suggestions.

any of which were incorporatod into

the interpretive regulations as issued

here on final lorn. The summary below

includes the principal substantite

comments received and the Review

Bourd's responsos thereto.

Comment. The proposed language of

§ 1100 1(a) 15 unduly restrictive because

the phrase "may havo led to the

assassination" roquires at least a

potental cousal link to the

assussination Moreover, determining

whether there is a causal hick sould

regure the Review Board lo evaluatr the

validiyulcompetingaccounts of what

---

## Page 61

21÷19

41114+

Federal Register / Vol. GO. No. 124 / Wednesdav. June 28, 1995 / Rulos and Regulations

333.17

lod tu the assescination of Prosident

Koniody

Resprinsé A nunber of commentators

put forward criticisins along theso linos.

Soine uf these commentalass suggested

tual soma form oi a "ruasonably related"

stondard bo substitutud for thu

"May

have led to" language, while others

suggesied altemative lonnulations (eg.

"What may shed lipht on the

assassination"). In adaptsry and

eventually applying a "reasonably

related" standard, the Koview Board

does nut seet to endorse or reject auy

particular theory ol the assassination of

President Kennedy, although such

Creories may intorn the Keview Board's

search for records roasonably related lo

the assassination and investigatious anto

it. The Keview Board beloves that

§ 1400.1(a), as now wordud, advances

Unat ellur and will promote a consistent

broad interpretation and

inplementation of the JFK Acr.

Conment: The proposed language of

§ 1400.1(a) is tuo broad and opon ended.

A moro specific nexus to tho

assassination of Prusidont Kennedy

should be roquired.

Response. As lis teal and legislative

history make clear, the JFK Act

contumplates that the Review Bourd

extond ils search for relevant records

beyond what has been compilud o

rovsowod by previous investigations ll

is anuvilublo, theretore. uhat the Review

Board must exercise judgment in

determuning whether such records

constitute: "assassination rocords." The

Keview Board regurde its rcasonably

related" stindard ds sulficient lo ensure

that agencies are nor overburdened with

Identifying and reviewing recurds that,

If added to the JFK Assassination

Kecords Collection, wuuld not advance

sho purposes of the jFK Art

Comment Secuon I4O0 1 should

specifically include as assassination

rocurds any records pertaining lo

paniruirly identilied individuals.

urgunizullons.events.etc

Hesponse: The Review Board

doiennined that, in almost overy cast.

the types uf records commentators

sought loude were already adiquately

covered by § 1400.1 as proposed

Accordingly, the Review Board dochined

1o include rucords or record groups al

the luvol of specilicity urged by thise

commentators herause doing in might

limit the scapu of tho Interpiclive

regulations as applied initially by uther

agencius, or otbenvise might prove

duplicative or confusing

Keview Board walrones ind encourages

suggestiuns fruns the public is 1o

specile records or secord groups that

may constitute assassination records.

and intends to pursue such leads.

including those provided in the wrillen

communis lo the proposid interprelive

regulaluns

Comment: Section 1400 2(a) is vague

and overly bruad in describing the scupe

of additional records and Infurud'sun

Hespunse The Revion buard lis

auded language to clarily that tie

purpose of requesting audiuonal recurds

and information under § 1400.2(e) is to

identify, evaluate, or interpret

assassination records, acluding

assassination records that may not

initially have been identified as such by

an agency The Keview Hoard also has

addod languago su indicale that it

inlends lu implement this soction

through written requests signed by its

Executive Director. The Review Boand

contenplates that, with rogard to such

requests, sis staff will work closely with

entitios lo which such requests are

addrussod to implement the fK Act

olloctivoly and efficiently.

Comment. The scope of additional

rocords and information shuuld

specifically include records and

-doscribe agencies' methods of

searching for records:

doscribe reclassification, transfer.

destruction, or uther disposition of

-do not constitute assassination

records, but have the potential lu

enhance, enrich, and brenden the

histurical record of the assassination.

Response. To the extent that the

inclusion of records and information of

the sypos doscribed wuuld assist the

Keview Board in meeting its

respunsitalities under the JFk Act, the

Review Bourd has atopied the suggested

Comment. The scope of

"assassination records" under § 1400 1

and "additional records and

information" wider $ 1400.2 should not

extend to state and local guvumment or

1o private records that are nut in the

pussessions of the Federal juvernment.

Response The Kerrow Board

considered such comments caretulit.

but concluded that the lerms of the JFK

Act preclude the narrower reading of

Wie Keview Buurd's responsibilities

urged by such comments. Section

14U0.G allows the Review Board, In 1ls

discretion. to accept cuples in lieu of

origonali The Rumen Board believes

that this llexibility addresses the

concerns of sume commentalors about

the remuval uf original reurds already

housid. for chaneple, in dato or local

intunnation andividuals aud

corporallons liat pussess such material

ovon dí not outainto from sourcus

identified in paragraphs (n) thinnugh (0)

thereuf, and should spocifically include

indinidualo and corpurations dias

cuntraciod lo provide goods or services

Cumment: Suction 1400.3 should

include as sources of assássination

records and additions records and

Hesponse: The Revow Board has

added paragrapl (D to this secuon in

response to thuco comments. The

Review Board has concluded that, in

view of paragraph (1, specifically

dontifying govemment contractors or

other private persons would be

unnecessary and rodundant.

Comment. NARA contendod tas .

§ 1400.4 should not include artifacts

antong the types of marortals included

in the torm "record." Truating artifacts

as "records" would be contrary lo

NARA's accustomed practice and tha

usago u! the lenn "rucords" in other

deas of Federal records law and would

result in substantial practical

Hesponse: The Reviow Board has

carofully considered NAKA's objections

lu the inclusion of artifacts as "recards."

but decided chat this inclusion is

necessary tu achievo the purposes of tho

JFK Arl. The Review Board noles that

artifacis that bocamo exhibits to te

proceedings of the Warreu Coinnussion

bave long been in the custody uf NAKA.

and decided that tboso artifacts should

remain in the JFK Assassination Resordi

Collection. The Revicw Board turther

huloros that the unique issues ol public

trust and credibility uf govorument

processes that prompted enaciment of

the JFK Act require that arufacts be

included within the JiK Assassination

Records Collectiun. Tho strong support

that commenting manbors of the publi

gave to this position reinforces this

conclusion. Tho Kovier Board ancludee

in its proposed regulations, and retained

In 3 1400.7(b)-(c) of tha final

interpretive regulatons. language

intended 1o address NARA's conrurns

about poluntial copying requiremends

and preservation issues unique lo

artifacts.

Comment: Section 1400.5 should be

muditied iu allow agencies to withholid

from the JFK Assassination Record:

. Colluction material that is not sulated to

the assussination of President Kennedy.

oren though it appoars in a record that

cuntains other material that is relolod lo

the ussassination of President Kennedy.

Response: It remains the intent ut this

section in malie: cloar lu agencies that, is

a rule, entire records, and not parts

thereot, are to becomo part of the jFk

Assassination Records Collection: The

purpose of requiring that records be

produced in their entiraly is in ensures

---

## Page 62

14-00000

AAND

33348 Federal Register / Vol. 60, No. 124 / Wednesday, Juhe 28, 1995 / Kules aid Regulations

thar the context and integrily of the

rucords bo prosurvad. Oudy in rare

instances will cho Koviow Board assent

8u tvithholding particular information

within an assassination rocord on the

ground that such infurmation le not

nolovart lo the assassination. debon

1400.5 has been modified to clarity that,

although tue Review Board may allow

this practice in extraordinary

circunstancos, this determination is

within the sole direction of the Review

Board.

Comment: Tho discussion of originals

and copios in § 1400.6 is, in vorious

respocis, uncloar and confusing

Response: Th Roview Board made

extonsive changos to this suction lu

addross thase concems and lo achieve

greater internal consisioncy. The Review

Board's intent in this section is to

exprass its strong preference for

including original records in tho JFK

Assassination Records Cullection, bul

also its understanding that, for a voriuly

of reasons, thuro may be siluations

where a copy instead of the original of

all assassinalion record may be mure

appropriato for inclusion in the

Collection.

Comment: Section 1400.6 should to

clarified as to whether "record copies"

of Fodoral agency may be included in

the JFK Assassination Records

Collection.

Response: The Keview Board has

modified § 1100.6(a)(1) 1o clarity that

the Koviow board may dolermine theat

rucord copies may be included in the

Collericion.

Comment: The Catalog of

Assassination Ketords (COAK)

described in § 1400 & should consist of.

or be replaced by, the database and

finding aids propared by the Federal

agencies in possession of assassination

racords.

Response This and other comments

niccived reyarding, the proposed

§ 1400.8 indicared some confusion is lu

the intent and aparation of the

mochanis establishud in this section

For this reason, the Roview Board

docided to replace tho terin "'Cilalog ul

Assassination Kecords" with the terin

"Nutice uf Assassination Record

Determinalion" (NAKD), and lo redrait

this sacrion lo clarity the Koviow

Board's intant to nir: the NARD

mechanism siniply to docunent tha

Review Board's ongoing determinations

thai, in addinon to records explicilly

enumeraled in the JFK Art as

assassinallon records (eg, reeords

revered by the MISCA) or identified try

Fedoral agencies in their own searches.

coMain other records alin are

assassination records to be included in

the JFK Assassination Rocords

Colliction.

Section by Section Analysis

Scope of Assassination diecord

As discussed abuve with rugard to the

public comments, subparagraph (a) of

§ 1400.1 his buon muditied so aduul a

"reasonably rolated" standard and the

term "Catalog of Assassination Records"

has been replaced with "Notice of

Assassination Kecord Determination" in

subparagraph (b)(3) The final

interpretive regulations also incorporate

suggestod tochnical changes, including

edits for clarification and revision of

this section's title to mate it rote

precise.

Scope of Additional Records and

Information

The lulle of § 1400.2 was revised lo

confurm do the now tille ul § 1400.1.

Additional oditing changos were made

for clanry A now subpart (G) was added

lu subparagrapt (e) and a now

subparograph (1) was added after

considerauon of connionts that nuted

the polenual exclusion of certain

categones from the scope of this section

in the proposed interpretive regulations.

The Review board has added language

in the fun interpretive regalations in

clarify that the purpose of this section

is to aid in identitying. evaluating or

Interpreting assassination records,

including assassination records that

midy 10l initially have been seesented

Uy an aguncy. The Keview Buerd also

has added language to suggest that it

intends to iruplement this section

through written requests signed by the

Keview Board's Exocutive Director.

Sources of Assassination Records and

Additional Records and Informanon

A nuw subparagraph (g) was addud lo

§ 1400.3 aller consideration of

cordinents noting the potential

exclusion of records created by

dividuals or corporations ur obtained

from sources other than those already

identified in the previous

subparagrapbs

Types of Molerials Included in Scope of

Assassination Hecord and Idditional

Hecords und Intormation

No substantive change has been made

10 9 1100.4 as it appetred in lie

proposed interpretive regulations

Hequirement Thut Assassination

Hecords be Released in Their Enurety

Languige Las huer addad 10 § 1400.5

lo perist the Raviow Escard, in its sole

discrenun, lu allus release uf ouly part

ul an assusanation recurd where such

partial reloaor is suffrient to comply

with the intent and purposes of thu FK

Act.

Criginals and Copses.

Extensive chauges toro mado lo

§ 1400.6 fur reasons of clarity and

intemal consislency. The Review Board

siso incorporated in the final

interpretive regulations languaga

clarilying that "reeord copies" of

Federal agoncy records may be included

in the JFK Assassinalion Records

Cullection and iddrossing the important

issue of preservallon requirements. In

this respuch, the Revier Board sought 10

treat rocords in various nudia 18 a

roans appropriate to the unloue

characteristics of each medium.

In the light of comments received, the

Keview Board extensively revised

§ 1400.7. Subparagraph (d), as it

appeared in the proposed interpretive

regulations, has boen brokun into duou

subparagraphs new subparagraphs (d).

(e), and (I-10 avold porontial confusion

and to add clanty. The intent of trese

subparagraphs is to mako cleor that all

files on an indindual, event.

urganization or activity are to be made

available to the Koviow Board regardless

of the labuls on the files, where the

records may be found. or whether they

rellect the true name or identifier uf the

individual, event organization. ur

Subparagraphs (6) arad (c) § 1400.7

were included in the proposud

interpretive regulations and retained in

Lue final interpretive rogulations in

under to address concorns uxpressed by

NARA regarding the inclusion of

arlifaces in the scope of the material

doumed "assassination records." Ry

including these subparagraphs. the

Review Board wishes to make it clear

that it believes the JFK ACt establishes

unique standards as to the records to be

includod in the IK Assassinauon

Kecords Collection. By including

artilacis as a typo of "assassination

record," the: Raviow Board seeks lu

fulfill is mandare from Congress lu

assemble all materials reasunably

related to the assassination in the JFK

Assassination Records Collection. It is

not intundud that the inclusion here of

artifacio fos purposes uf implemenung

the JFK Act should be construed 10

affect the implementation ol uther

sArnod: laws. Subparagraph (r) is

mended lo onsure that all artifacts or

the collection are preserved for posterily

and that public access be provided lu

those anilacis in a manner consistent

with theis procervation. The Review

Bourd encourages NARA to set out in

utiling the termisi and condilions under

102.17₴

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• which access to such marenals shall be

allowmi.

CHAPTER XIV-ASSASSINATION

RECORDS REVIEW BOARD

Implementing the )FK Act-Nolice of

Assassination Hecords Determination

The Keview Board bas repluced tho

lorn "Cataloy of Assassination Kecords"

chat appeared in the proposed.

interprolve regulations and redrafted

§ 1400.810 clarify the Renew Board's

. Intont. In the final interprotive

regulations. the Kevior Board

substirulus the term NAKD for prior

referancos 1o a "calalog."

Paperwork Reduction Act Statement.

The regulinion is nol subject to thie

provisions of the Paperwork Reduction

Act of 1900 (41 U.S.C. 3501 ei seg.)

locause ll dous to contain any

in tornadon cullechun requireneuts.

within the meaning of +t U.S.C..

3502(*).

Regulatory Flexitshly Act Certicaton

As required by the Regulalory

Fleribility Act ut 1900 (RF'A). § U.S.C.

601-612), the Board coralfios that this

rule, aladopied, will not have is

significant economic impact on a

bubstantal number of small ond ties arid

loat, thereforo, a ragulatory Nurbility

analysis need not be propared. & U.S.C.

BOS(b). The proposod rule would not

im pisse any ubligations, including any

obligations on small entities,

fonth In S US C 6U1(1) of the:

Regulatory Flesibility Air, or within the

dofinition ot "'small businoss." as fourd

in 15 U SC: 632. or witton the Small

Business Sure Standards in regulations

issued ky the Small Business

Administration and codified in 13 CFR

part 121.

Heriew by OMI

This regulation has than revrowed by

OMB under Executor Order 12866

List of Sulects in 30 CFK Part 1400

Administrative practice and

procoduro. Aretros and records

Arcordingle, ile review Board ho-roby

estatolishes a meso chopier XIV in tille je

of tho Cude of Federal Regulstions 10

road as follow.

PAAT 1400 GUIDANCE FOR.

INTERPRETATION AND

IMPLEMENTATION OF THE

PRESIDENT JOHN F. KENNEDY:

ASSASSINATION RECORDS

COLLECTION ACT OF 1992 (JFK ACT)

1400.1 Scope Of issussination record

Scope of additional records did

Sources of assassination records ind

additional records and Inforation.

1100.1 Types of maierlals included lo scope

of assassianilan record and additonal

recordi and inforinarion.

1400.5 Requirenient that assassination.

records be released lo their cnurely..

1400.6 Orlainali and caples.

1400.8 Implemenung the JFk Ack-Nolice

vi Assa391nd 10n Hecord Designation •

§ 1400.1 Scopo of assyalnuion rocord i

(a) An assussinution rocord includes.

but is nor limited to, all strords, public

and privale, regardless uf hum labeled ur

idontified. that duument. doscrite.

report on, analyze or interpret activities.

porsons, or events reusunably related lo

the assassination of President John F

Kennedy and investigations of or

inquiries into the assassination.

(U) An assassination reculd lurther

Includes, without linalation:

(1) All records as defined in Section

(2) All sucords culleciou by or

segregated hy all federal, solo, and

leral government agencios in

conjunction with any investigation or

analysis of or inquiry into the

assassination of l'resident Kennedy (fur

xample. any intra-agency investigation

ur analyses of or inqung ande the

assassinalion. any intorogency

Lummacation regarding lit

issassination, ally request by the House

Soluct Committee un Assassinations lu

collect documents and other materials;

or any inter or intra-agency collection

ur segrigation uf documents and uther

(3) Other records ur groups ul rocords

listed in she Notico of Assassination

Kecord Designation, as described in

§ 1400.8 of Uns chapter.

§1400.2 Scope of addillonal records and

Thu turns odditionul recurds and

1al All documents used by

gurerument oilices and agencies during

chess declass fication retres uf

assassination records as well as all other

documents, indices, and other material

(including but not limited to thoso that

disclose cryptonyns. code names. or

othor.identiliers that appear.in.

assassination recurds) that the

Astascination Kacords Keview Hoare

(Keview Burd) has a Masonablo basis lo

baliove may constitute an assassination

secord or would assist in the

identication, evaluauon or

interprylalon of an assassination.

record. The Koview Board will identify

in writing those records and other

materials it intends lo seel undur this

(b) All raining manuals, instructional

materials, and guidelines crealed or

used by tha aguncius in furthoranco of

their soulow of assossination rocords.

(c) All hocords, lists; and documents.

describing the procedure by wtuch tho

agencies ideutifiud or sulactud

accessination records for reviow.

(d) Organizational charts of.

(o) Records necessary alid sufficient to

describe the agency's:

(1) Kerords policies and schodules:

2) Filing systems auu urganization

3) Storage facilities and locatians

(4) Indexang symbols, marks, codes,

instructions, guidolinoc, morhodo. and

procedures:

(5) Seasch mothods and procedures

ucod in the porformanco of the agencies

duties under the JFK Acl: and

(6) Reclassification to a higher level,

transfer, destruction, or other

information (eg, thef) rugarding tho

status of assassinalon records.

(N) Any other record that does not fall

within the scope of assassination record

as duscribad in § 1400 1. bur which has

the porential to enhunce, enrich, and

broaden the historical record of the

assassination.

§ 1400.3 Sourcos of assass nution records

and additional rocordo and informanon.

Assassination records and udditronal

reconds and infonuation may be lucaled

al, ur under the control uf, without

(a) Agencias, officos, and unditios of

the croculmy. lexislative, and judicial

branchos of the Federal Governent:

Ru) Agencios, offices, and entities of

the executive, legislative. and judicial

branches of state and local govemments:

(e) Recurd repustones and arclives ui

Faderal, 68ard, and local governments.

including presidential libraries:

(d) Record repusitories and archives

of universities. librarlos, keastorical

sociellas, and other simular

organizalions.

(c) Individuals who possess such

recurds by virtuc of service with a

government agency, office. or entity:

(1) Persons, including individuals and

corporations, who have obtained suck

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Federal Kegister / Vul. 60, No. 124 / Wednesday, June 28. 1995 / Kules and Regulations

records from sources identifled in

paragraphe (a) througb (o) of this

(g) Persons, including individuals and

corporations, who have thomsolves

crearod or bave obtained such recurds

from sources other than thuse identified

in paragraphs (a) through (u) of this

(u) Fuderal, stale, and loidi courts

where such records are being held

_ (i) tureign govemments.

§1400.8 Typos of matarles included in

scope of asssalnailon record and

additonal racords and intoradon.

The lerm record in assussination

record and udditonal records and

information includes, for purposus of

intorpreting and implomenting the JFK

(a) papors, maps. and other

documontary malerial;

(b) phorographs;

(e) motion pictures;

(d) suund and viduo recordings:

(e) machine readoble information in

any torn: und

(D artifacts

§1410.5 Roquiremunt lhat assussination

rocords be roladsed in thoir anuroty.

An assagsination record shall be

roleased in its enuroly excopt fur

portons specifically postponed

pursuant to thu grounds lor

postponement ol public disclosure di

rocords established in §2107.6 of the

JFK Act, and no portion of any

assassination record shal! bo withheld

from public disclosure solly on

grounds of non-relevance unless. in tho

Keviow Buard's sole discretion. mlease

of port ul a record is sulficient in

comply wich the intent and purpuses of

1L0 FK ACI

§ 1450.6 Originals and copies

(a) For purpuses of deterning

whether originals or copies of

assassination rocords will be made part

of the President john F. Kennedy

Assassination Records Collection JFK

Assassination Rocords Collection)

established under the JFK Act. the

following shall apply

(1) In tho case of papers. maps. and

other documentary malenals. te

Revow Board may deteriniue that

rucord cupsor of governinent records.

either the signed original, original

production or a reproducton that his

been treated as le official record

indiniained so chronicle Kovemimen

functions os activities, may toe placed in

tho IFK Assassination Keroes

Collection:

(2) In the: caso of other papers, maps,

and other documentary marenal. it

Kenew Board may dotonnine that a true

copies of any assassination records

and accurate cupy of a record in lieu of

containod in the JfK Assassination

the original may he plared in the JFK

Kecords Collectiu are not also

Assassinatin Keronis Colluction;

assassination records that, at the Keview

(3) In the case of phoingraphs, the

Board's discretion, may also be placed

original nogative, whenever availablu

in the FK Assassination Records

(otherwiso, the aarliest generation print

(bat is a true and accurate copy), may be

placed in the JFK Assassination Rocords

(4) In the casa of notion pictures, tho

camera original, whenover aveilable

(otherwise, the earliest generation print

that is a inie and accurate copy). may bu

placed in the JFK Assassination Kecords

Collertion;

(5) In the case of sound and viduo

rocordings, the original recording.

whenever available (otherwiso, the

varliest ganeration copy that i6 a true

and accurate copy), may bu placed in

the JFK Assassination Rocords

(6) In the case of machine-roadablo

iriormation. a true and dicurale copy of

the original (duplicating all Infonnation

contained in the original and in a tormar

that permits retrioval of the

information). may tre placed in the JFK

Ascussination Records Collection, and

(7) In the case of arufacts, the original

objacts themsolvas may be placod in the

JFK Assassination Records Colloction.

(b) Tu the extent records from foreign

governonts are included in the JFK

Assassination Records Colluction.

cupias of the onginal records shall be

sufficient for inclusion in the collection.

(c) In cases where a copy, as dufined

in paragrapb (a) ul this saction, is

authorized by the Revicw Board to be

included in the JFk Assassination

Rocords Colloction. tha Keview Board

may require that a copy be certiñud it.

12 ils discration. it derosmines i

certiticauon do te nucessary to unsure

the integrity of the JFK Assassination

Kecords Collertion. In casos where an

original, as rulined in paragraph (a) of

this section, Is required for inclution in

thA JFK Assassination Recurds

Collection, the Review Board may, at ils

discretion, accept the best available

copy. In such cases that records

included in the JFk Assassination

Records Collection, whether originals or

copies, contain illegible portions, such

records shall have attached thereto a

cortified transcription of the illegible

language to the extent practiable.

(d) For purposus of implementing tit

JFK Act, the turn copy nimans a true and

accurate photoiupy duplication by a

moans appropriale to the medium of the

urginal record that preserves and

displays the integrity of the record and

he- information contained in it.

(e) Nuthing in this section shall io

melp:olod lo suggust that adultional

(1) Nothing in this section shall be

interproled to prevent or to proclude

copias ul any electronic assassination

• records from buing rofurnalted

electrunically in ordor to conforin to

differunt hardward and/ur softwaro

ruquirements of audiovicual or machine

reudable formats if such is lut

professional judginunt of the National

Archives and Records Administration.

§ 1400.7 Additional guldance.

(a) A goveramunt agency, office, or

entity includes, for purposes of

interproting and implementing the JFK

Ace, all curront. just, and fonnor

dupartments, agencios, offices.

divisions, foreign offices, burvaus, and

deliberative bodies uf any Federal, state.

or local guvorinent and includes all .

intor- or Intra-agency working groups.

committees, and meetings that possess

or created rocurds relating to tha

assassination uf Prosident John f.

(u) The inclusion of arifacts in the

scupy of the term assassination rocord is

understood to apply solely to tho JFK

Assassination Kecords Collection and to

Implernest fully the torms of the JFK

Act and has no direct or indirect bearing

on the interpretation or implementation

of any other stalute or regulation.

(c) Whenever arifacts are included in

tho JFK Assassination Records

Collection, it shall be sufficiont to

comply with the JFK Act if the public

is providod accois lu photographs.

drawings, or similar materials depicting

the artifacts. Auditional display of or

examination by tie public of arifaces in

the JFK Assassination Records

Collection shall ccur under the terms

and conditions ustablished by the

National Archives and Rocords

Adminisuation to ensure their

preservation and protaction for

(d) Tho tonus and, or, any, all, and the

plural and singular forms of nouns stall

be understoud in their.broadest and

must inclusive sense and shall not be

understood to be tenus of limitation.

(e) Unless the Keviow Board in its sole

discretion directs acherwise, records

that are iduntified with respect lu a

paricular person shall include all

records rulating lu that person that use

ur soflect the true name ur any uther

nanne, preudonym, codeword, symbol

numer, cryplonyno, or alias used lo

identify that person

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33351

(1) Unless the Review Board in its sole

discretion directs otherwise, records

that are identitiod by the Kevier Board

with raspuct tu a particular operation or

program shall include all recurds.

pertaining to thut program by any other

name, psaudonyin, codowurd, symbol.

number. or cryptonym

§ 1400.8 Implemonting the JFK ACt.

Nolice of Assassinalion Record

SUPPLEMENTARY INFORMATION:

Need for Currectiun

As publishod, the final rule contains

one errar which may prover to tae

misleading and as in neud of contition.

Correction uf Publicalion

Accordingly, the publication un

Friduy, April 7, 1995 (00 FK 17639) of

the final regulation. FK Doc. 95-8344.

for National Capital Regiun, is corrected

is mutiet of proposed rulemaking (NPR)

for the State of Maine. The NPK

proposed extending the attainment

deadline for ozono for Hancock und

(Valdo Cuuntes, and viliod for public

comment. No comments were rectived.

CAA Kequirements and EPA Actions

Concerning Designation and

Classification

Section 107(d)(*) at ttie Clean Air Act

as amended in 1990 (CAA) required lhe

(a) A Novice of Assassination Kecord

Designation (NARD) shall be the

niechanism for the Keview Board to

announce publicly its determination

hat i recard or group of recurds mneuts

the delinstion of assassination recurds.

(U) Notice of all NARDs will uu

published in the Federal Kegister

within 3n days of the decision lo

desirnate such rucords as assassination

Steles and EPA to designate areas as

In due FR Dor. 05-H599, appearing on

pogo 17619 in the issue of Friday, April

7. 1995. the words "the introductory

text uf"' need to bt added after the word

"revising" that appears in the frit

column, begisuing on the ninth line.

"2. Section 7.90 is

amended by revising paragraph (k)(2) tu

-feud as follows:" is cortuciud 10 read "2.

Soclion 7.98 is amended by revising the

(e) In determining lo designate surh

introductory text of paragraph (kj(2) 10

recurds as assassination records, the

reall as follars:"

Review Boird inuit dutormine that the

cord ur group of record will mure

likely than nut enhanco, enrich, and

broaden Ur historical record ol the

attainment. nonallainment. or

unclassifiable for uzure is wall us other

pullulanie for which satronal ambient

alr quality slandards (NAAQS) have

•been set. Section 181(a)(1) (table 1)

requirud that ozone nonallainment arcas

be classified as marginal, moderate,

serious. severe. or extreine. depending

on their air quality.

In a series of Federal Register notices.

F.PA conopolused this priMsily

designating and classifyng all areas of

tho country tor ozone. Sir. c.g. 56 FK

5069+ (Nov. G: 1991): 57 FR 5G762 (Nur.

Arung Chief, Hungor Artsvsues Divesson

IFK [koc. 95-15741 Filed i 21-95.8.450170)

BILLING CODE 4310-10 P

30. 1992): 59 FK 18967 (Aprl 21, 1994)

Areas designuted nonaltannent for

uzone ans required to meet allanument

dalus spoclud under the Acl for areas

Maind June 22. 14115

David G Maxwell,

Encuuve Director Assussinalun fincurits

Review Bourd.

(FK DOC Y5-15814 FileJ 6-27-45: B 45 un)

HULLING CODE GUCH-TO-M

classifud marginal through uxtrenia, tha

altainment dates range from November

ENVIRONMENTAL PROTECTION

15. 1993 through November 15. 2010. A

AGENCY

discussion of the attainment dates is

found in 57 FR 13498 (April 16, 1992)

40 C+R Parts 52 and 81

(the General Pruamble).

(A-1+01-5248-5)

The Hancock and Waldu Counties,

Mollu aroa was designated

DEPAHTMENT OF THE INTERIOR

Cican Air Act Promulgation of

nonaltainmont and Clussified marginal

Extension of Attainment Date for

for uzone pursuant to 56 FK 5809* (Nov.

National Park Sevice

Ozone Nonallainment Area; Maine

u, 1991). By this classification, its

attanment dale berare Notarnher 15.

36 CFR Рапь 7

AGENCY: Environmental Protection

1993

Agency (EPA).

RIN 1024-AC14

CAA Kequirements and EPA Actions

Conceruing Meeting the Altainment

National Capital Region Parks; Speclal

SUMMARY: EPA Is extenuilg the

Regulations: Correction

allammon date for the Hancock and

AGENCY: National Parà Service, lanterior.

Waldo Countos, i marginal ozone

nutattainment area in Maine lu

ACTION: Correction to final regulatinis

Novembe: 15, 1994. Thus extension is

SUMMARY: This documont conlars a

haied in pars on monored air quality

corection lu the final regulations which

readings for the naton hinterent air

wire published Friday, April 7. 1995

quality sunderd for ozone during 1993.

(G0 FR 17639). Tho rogulations linn thee

This notice also updates tables in 40

sales un Federal park land lu bouks.

CFR 52.1021 and 40 CFK 01.320

newspapers, leaflets, pamphlets, buttons

cuncenung allainment dates in the Slale

and bumper suckers and set standards

for siles, stands and suuctures used in

such sales within National Capitel

Rogion Parks.

EFFECTIVE DATE: May 8. 1995

FOA FUATHEN IN ORMATION CONIACI:

Sandra Alley, Associale Kegrunal

Direcior. Puhlic Aflairs and Tourist.

National Capital Region, National Park

Service, 1100 Ohio Drive SIV

Washington. D.C.1202) 619-7223

EFFECTIVE DATE: This extension hiromes

eftective July 26. 1995.

FOR FUATHER INFORMATION CONTACT:

Richard P. Burkhan, Air. Pesticides and

Toucs Managemen: Division, U.S.

Environmental Protechon Agency.

RegIOn 1, JFK Federal Bidy, Bosion, MA

02203. Phone. 017-j65-3277

SUPPLEMENTARY INFORMATION: On Fub

22. 1915 (60 FK 9613). EPA published

Suction 181(b)())(A) roquetes the

Administrator, within six months of the

attainment date, do dele rmine she ther

ozone: nonallulument arces allained the

NAAQS FUr UZUNO, ET A delurmines

attainmont status on the basis of the

expecied nunber of exceedances al tie

NAAQS ovor the threo-jeas period up

to. and including, the attainment date.

See General Preamble, 57 FR 1950t In

the case of ozone manginal

nonallornment arous. To three yoas

poriod is 1991-93. Cold section

181(U)(2)(A) further stales lat, fur areas

classified as manginal. moderare. or

serivus. if the Administrator detennines

that the area did not altain the standard

by its altamone dale, thie area muit be

Howover. CAA section 181(al(J)

provides an exemption frum these bump

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