MEMO: DCI SOURCES AND METHODS AUTHORITY WITH RESPECT TO JFK ASSASSINATION RECORDS
Agency: CIA
Originator: CIA
Document date: 09/19/1994
Document type: PAPER - TEXTUAL DOCUMENT

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JEK ASSASSINATION SYSTEM

IDENTIFICATION FORM

AGENCY INFORMATION

AGENCY : CIA

RECORD NUMBER: 104-10331-10044

RECORD SERIES

:

JFK

AGENCY FILE NUMBER : PROJILES-CORRESPONDENCE

DOCUMENT INFORMATION

CIA

Released under the John

F. Kennedy

Assassination Recorda

Collection Act of 1992

144 USC 2107 Note).

Case#:NW 53217 Date:

06-22-2017

AGENCY ORIGINATOR

FROM

TO

TITLE

MEMO: DCI SOURCES AND METHODS AUTHORITY WITH RESPECT

TO JEK ASSASSINATION RECORDS

DATE :

09/19/1994

PAGES

4

SUBJECTS : JEK ASSASSINATION

JEK ACT OF 92

RESTRICTIONS : 1A

CURRENT STATUS

: RELEASED IN

PART PUBLIC - RELEASED WITH DELETIONS

DATE OF LAST REVIEW

COMMENTS : JFK-M-16 : F3

: 2000.02.08.09:37:49:780035

• [R] - ITEM IS RESTRICTED 104-10331-10044

HT 53217 DocId: 32104171

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AGENCY-INTERNAL USE ONLY

PRIVILEGED ATTORNEY WORK PROICT

C|HRG

OGC-94-52916

19 September 1994

MEMORANDUM FOR:

FROM:

SUBJECT:

David P. Holmes

Deputy General Counsel

Robert J. Eatinger. JI.

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, Reprinted at

44 U.S. C. §

2107 note.

For ycur convenience, I have higriighted

the pertinent provisions that will aid in responding to an

inquiry regarding the statute's effect on the

DCI's statutory

authority 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

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 methods

that may be protected and set a strict procedüral 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

§ (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-.

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AGENCY - INTERNAL ÜSE ONLY

PRIVILEGED ATTORNEY WORK PROC-CT

SUBJECT: DCI Sources and Methods Authority With Respect to JFK

Assassination

Records

(A)

an intelligence agent whose identity currently

reguires

protection;

(B) an intelligence source or method which is

currently utilized, or reasonably expected to be

utilized, by the United States Government and which has

not been officially disclosed, the disclosure of which

would interfere with the conduct of intelligence

activitles; or

(C) any other matter currently relating to

intelligence operations

.. the disclosure of which

would demonstrably impair the natioral security of the

United States."

ARCA § 6(1) (Emphasis added.)

The originating agency is to make the first review to

identify 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

Directorate of Operations and other appropriate 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 assassination reccrds. "

ARCA S

7 (i) (1). Specifically, the "Review Board

sha:1

consider and

render decisions on

.. •

whether an assassination record or

particular information in

a record qualifies for postponement of

disclosure under the Act." ARCA § 7(i) (2) (B) .

5.

If the Review Board determines to order the disclosure

of information that the originating agency feit met the criteria

tor postponement, it "shall notify the head of the originating

body of its determination and publish a copy of the determination

in the Federal Register within 14 days after the determination is

made." 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

Registe a obtained of

nondelegable authority to require the disclosure or postponement

of... the information under the standards set forth in

Section 6. " ARCA § 9 (d) (1) (emphasis added). The President's

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

the Review Boards determination. Id. Records postponed by the

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

2

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AGENCY - INTERNAL USE ONLY

PRIVILEGED ATTORNEY WORK PRODUCT

SUBJECT:

DCI Sources and Methods Authority With Respect to JFK

Assassination Records

6.

I would be happy to discuss this further if you so

desire. You might also want to contact John Pereira (x30373)

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

Kast

ating

Attachment

3

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..:

SUBJECT:

DCI Sources and Methods Authority w/Respect

to JFK Assassination Records

OGC-94-52916

DCI/OGC/RJEatinger: 76105 (19 Sept 94)

Original - Addressee */attach) (hand delivered)

- OGC Registry (w/attact.)

1

- Lit File

- RBB (OGC/ILD)

1

1

1

1

1

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

- RJE - Soft File

(w/attach)

RJE

-Signer

PDP

KK - fyi

PAS- fyi

HH 53217

DocId: 32404174

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