NOTE: JFK RECORDS
Originator: CIA
Document date: 02/27/1995
Document type: PAPER - TEXTUAL DOCUMENT

## Page 1

AAAA

1704-10331-10062

2022 RELEASE UNDER THE PRESIDENT JOHN F. KENNEDY ASSASSINATION RECORDS ACT OF 1992

New Note

NOTE FOR:

FROM:

Edward P. Moffett@ DCI

John N. Greer

DATE:

02/27/95 06:02:46 PM

SUBJECT: JFK Records

This is in response to your request that I review ASAP the proposed regulations by the JFK

Assassination Records Review Board.

I see Sheryl Walters hand very much in evidence here. I see from the attachment that she is the Board's

GC. •

Like you, I am very concerned about the breadth of the reg's definitions. The key to keep in mind is the

statutory authority for the Board. I would argue that the definition of "assassination record" in the statute

(44 U.S.C. section 2107 note; section 3(2) of the Act) is more limited than the reg. The statute defines an

assassination record as one "related" to the assassination of JFK. Thus, when section 1400.2 (d) and (e)

of the reg authorize Board access to organizational charts of governmental agencies and records

necessary and sufficient to describe the agency's records policies and schedules, filing systems and

organization; and storage facilities and locations, I would argue that such information is way too far afield.

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

prohibited by section 403g from disclosure notwithstanding any other law.

The same issue arises with respect to section 1400.7(d) of the reg that proposes to include in the

definition of record any records for a person by another name or personal identifier. This would appear to

authorize Board access to all information about an agent who may have only been tangentially involved in

the assassination but whose crypt is given in many other unrelated documents about unrelated

operations. Talk about your camel's nose under the tent!

Finally, section 1400.5 of the reg raises an old dog of an issue. The National Security Archive (Sheryls

old employer) has been fighting for a long time in FOlA litigation that the FOlA refers to records and that

therefore all information in a responsive record must be released unless otherwise exempt. There is no

FOLA exemption, they argue, for non-responsive material in a record. This is a big problem for multi-topic

documents, such as the NID. We, of course, argue that agencies are only required to process that which

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

Board would have access to all information in a document about several unrelated operations or events it.

that document even mentioned the assassination or anything related to it. Again, the camel's nose.

CC:

(Thomas J. Benjamin@ DCI

New Note

---

## Page 2

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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)

FROM:

C/IP&CRD

C/RDP/MSG/OIT

John Pereira

Historical Review Group

SUBJECT:

JFK Assassination Records

Proposed Regulations

1. Attached for your review and comment is a copy of

proposed regulations prepared by the JFK Assassination

Records Review Board.

The regulations focus on the

definition of "assassination record", which is very broad.

The possibility of requiring additional records searches is

raised.

The Board plans to discuss the regulations at its

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

the Board our input in advance of that meeting. Please

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

comments by 1 March.

The Derain

John F. Pereira

9:3°

243-8373

Attachment

ADMINISTRATIVE - INTERNAL USE ONLY

---

## Page 3

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facsimile

TRANSMITTAL

to:

Tax #:

re:

date:

pages:

Dear John:

John Percira, CLA Historical Review Program

(703) 243-8343

ARRB proposed interpretive regulations

February 9, 1995

4, including cover sheel.

Following this cover sheet is a courtesy copy of the Assassination

Records Revicw 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

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

the CLA may hayc. (The comrient period is 30 days; the dcadline is March 10.)

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

don'i hesitáte to give me a call on my direct line or at our main number, 724-0088.

iror. fe.desa. sl

stcry.i.iVa.cr

General Counsel

500 E Streer. MW. Second Floor

Washington, D.C. 20530

(202) 724-0915

Fax: (202) 724-0157

---

## Page 4

13-00000,

7506

Federal Register / Vol. G0. No. 26 / Wednesday, February 8. 1995 / Proposod Rules

(B) For dependents of active duly

menters in pay grades of E-5 and

above, $25; and.

(C) For rutirees 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

momoon in pay grades tri through i

1, 55:

(B) Fur dependents of activo duty

mombors in pay grados of k-5 and

above. SS; and.

(C) Far retires and tieir dependents,

$9.

(vii) The copayment los ambulanco

services is as follows:

(A) For dependents of active dusy

• members la pay grades of E-1 through.

Er 1. 510:

(U) For dopendents of active duty

membors in pay grados of E-s and

above, $15:a0d.

(C) For retirens and their dependone.

$20. •

(e) Inpatient cast sharing

requirements under the Uniforn HMO

Benefit.- 11) In gencral. La liou of usual

CHUMPUS cost sharing roquiruments

(soe § 194. 4(1), spocial cost sharing

amounis an required. Tho specile

reyuirements shall bo uniform aud sisall

de publisheu as a ualica ausually by tho

issislant uritulary el cicuse (ilcallu

Allairs)

(2) Structure of cass shining. Fur

sorvicos elber than nacrital illness or

substance use treatment, thero is a

nominal copayment lor active duty

dependents and for retired members.

dependunts of rotired members, and

survivors. Fur inputient mental health

and substence uso treatment, a separale

per day charge is established.

(3) Amount of inputient cost sharing

sequirements. Beginning in fiscal year

• 1995, Cho inpacient cast saariag

roguiremonis are an follows:

(i) For acute cere admissions and

olher non-mental health/substance use

Ircatment admissions, the per diem

Charge is as follows, with a minimum

charge ol 525 per admission:

A) For dependents ol acuve duty

members in pay grades irl through tr

4. 518:

(B) For dependents of activo duty

menibers in pay grades uf E-s and

abovo, $11:80d.

(C) Fur retirees and their dependents,

$18.

(¡i) For mental bealdi/substanco use

ercalment admissions, and for partial

hospitalization services, the por diem

charge is as follows, with a minimum

clarge ol s2j per admission:

(ai) For depeadents of active duty

membery in pay grades E-1 Chrough E

1.520:

(B) For dependents of active duly

mombers impay grades uf E-s and

above, $20; and,

(C) For retirees and their dopendents,

S40.

(1) Updates. The eroliment fees for

fiscal year 1995 set under paragraph (c)

of this section and the per services

pocitic dollar amounts for nscal yea

JyS set undor paragraphs (ul) and (e) ol

this section may be upelated for

subsoquont yours to the exteit necessary

lu maintain compliance wich statutory

roquirements pertaining lo government

costs. This updating does not apply lo

cost sharing that is expressed as a

porcontago of allowable changes; these

perceatages will remain unchanged.

(g) Applicability of the Uniform HMO

Benefit to Uniformed Services

Ircalment Facilities Managed Care

Prograin. Tho provisions of this section

concerning the Uniform HMO Benefit

shall apply to the Uniformed Survices

Troatment Facilives Managed Cars

Program, effoctive October 1, 1995.

Under that program, nor-CHAMPUS

eligible benofciaries have the same

payment responsibilities as CA. PUS.

eligible beneficiaries.

Delest: February 2. 1995.

L.M. Byovera,

Niernole OSD foderal Hopester Lesson

Offues, Depurtment of Losfense.

IPK Doc 85-3028 /1ld 2-7-49: 815 arul

шлю ссоє 1000041

ASSASSINATION RECORDS REVIEW

BOARD

36 CFR Part 1400

Guidance on Interpreing ano

Implementing the President John F.

Kennedy Assassinallon Records

Collection Act of 1992

AGENCY: Assassination Kecords Reviow

Board (ARR).

ACTN: Proposed interpretivo

regulation.

SUMMARY: The ARRB proposes lo issue

regulations providing guidance on the

interpretation of certain terms defined

in and the implementation of the

President Juhn F. Kennedy

Assassination Kecords Collection Not of

1992.

DATES: To be considered, comments

must be received on or before March 10.

1995.

ADDRESSES: Coraments should be

mailed to the Assassination Kecords

Raviow Board ar DUU E Steer, NW.

Socond luor. Washington. D.C. 20530 ur

delivored in porson lu that address

bilmcon the bours of 9:30 a.m. and 4:30

p.m., Monday through Friday (except

legal holidays). Comments may also bu

faxed 1u the Board al (202) 724-0457.

ommonts received may be inspected is

he Board & public reading room, locatac

at the address shown above, botween 10

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

(oxcopt legal bolidays). Parsons wishing

to inspect coannents in tho Board's

public recling ruom should call the

Hoard's oftico beforehand at (202) 72+

0088 for further information.

FOR FURTHEA INFORMATION CONTACT:

Sheryl L. Waller (Cencred Counsol),

(202) 724-0088.

SUPPLEMENTARY INFORMATION:

Background

The President Jobn FiKonnedy

Assassinalion Rocards Collection Act of

1992, 14 U.S.C, 2107 pold (as amended)

(ARCA), establishad the President Jobn

F. Kennedy Assassinalian Hecords.

Colloction (tho JFK Colloction) as lho

Nauonal Archives and Records

• ..

Administration (NARA). In establishine..

the process for public disclosure of all

records rolating to the assassinalion.

Congress creatod an independent agency

within the exccutive branch, the

Assassination Records Review Bourd

(tha Board), which consises of Gve

cilizens appoiated by the President.

Under to salute, lie Bloard is

er powered lo doesdo " wherber a record

construres an assassinaliva scord." $

U.S C. 2107 nola, Soc. 7(1)(2)(1).

Cungress further made clear ils intent

that the Board "issue gurdance 10 assise

in articulating the scope or universe of

assassination rocords." President Joha

F. Kennedy Assassination Records

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

102d Cong. 2d Soss. (1992) &121.

In construcling the proposed guidance

sel but here. the Board seeks to

• Implement congressional intent that the

JFK Collection contain "the mast

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 lo

achieve the goal of assembling the

fullest historical record on this tragic

event in American history and on the

investigauons that were undertaken in -

the assassination's aftermath. The Board

recognizes that many agencies have

already begun lo organize and review

records responsive lo the ARCA even

belore the Buard was uppointed and

began its work Nevertheless, the

Buard's aim is that this guldence will

aid in the ultimate assombly and public

---

## Page 5

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*F'aderal Register / Vol. 60. No. 26 / IVodnesday, February 8, 1995 / Proposed Rules

7507

disclocuro of tho fullest possiblo

hissoncal rocord on this tragady and on

subsequent invostigations and inquires

into it.

The Board's pruposod guidanoe is

designod to halp government agencies

and the Board identify and maka

available to the public all documonte

CHAPTER XIV-ASSASSINATION

RECOADS REVIEW BOARD

PART 1400- GUIDANCE FOR

INTERPRETATION AND

IMPLEMENTATION OF THE

PRESIDENT JOHN F. KENNEDY

ASSASSINATION RECORDS

COLLECTION ACT OF 1992 (ARCA)

assassination sorords as woll as all other

documents, indices, records, and illus

motorial that disclose cryplonyms. code

nanes, ur ochor Identification material

in assassination recofds.

(b) All raining manuals, instructional

materials, and guidelines croated or

used by the ageacles in furthoranco of

that will enhanco, enrich, and broaden

thair roviow of assassinallon recurds.

the bistorical nurd of the assassinauon

(c) All records, lists, und documents

of Prosidont John F. Kennody. Tho

1800.1 Interjerelatson of assassination

record.

describing the procodure by which the

"goncles idenuded or sclocied

Buard socks through this guidanco to

1t00.? lnterprelatsar.nl.addilicr.alrrcosds

f:lfill Cungross's "inson|i) and omphasie

midtriunriar.un.

that the search and disclosure of rocords

1:002 Souries al assassitialion racerds ard

assassination rocurd los revict NO.

(d) Organizalional chars of

M:dur this Act must go bajone uho

asditional recurds and Informalion.

governmcal agoncies.

rocords of previous commissions and

Typos ol malarials Included in siopo

(0) Rocords nocessary and sufficientlo

commillees established to invasugaro

ul assassination rocord and additiural

dessinhe the agency's:

recurds and information.

(1) Rocurds pulicies and schedulus:

Prosident Konnody's assassination. id. al 1400.5 Roquirement that assessinallon

21. The Buard also socks to provide

recordate released In their entircly

d Filing systems and arganization:

rutice of the scope of ils Intendod

1100.6 Originals and copies.

(3) Storaço facilitias and localions.

exercise of authurity tu soek addillonal

1400.7 Additionai guidance

information or records in ordor to fulfill

14008 Impiemenung sho ARCA-CulGiok of §1400.3 Sourcen of assassinalon records

its functions and responsibilitios under

Assassination Records

and addillonal records and information.

tac ЛКСЛ.

Authorily: 41 US.C. 210: rule.

Assassination records and additional

In addition, the Board proposas 10

records and information may bo jocared ..

§ 1400.1 Interpretation of assassination

create a machanism lo facilitaro tho

at, or under the control of, without

Board's ongoing work and to further

limitation:

ensure future public accoss to the

broadest possiblo historical record.

mechanism will be known us the

"Catalog of Assassination Rocords"

(COAR). The COAR is intended to bo an

official listing of all records determined

by the Board to mcot the dofinition of

"yssassination record" and included in

the JFK Colloction.

Request for Comments

The Board secks public comment on

ils proposed interpretive regulations

intended lo provide guidanco on tho

Intorpretation of the term assassination

record, the intended scope of its

exercise of authority to seek additional

infurnation or records, and its

additional proposals for implomontation

of Cho AKCA.

List of Subjocks in 36 CFR Part 1400

Administrativo praclice and

procedure, Archives and rocords.

Accordingly, the Assassination

Records Review Board bereby proposas

lo establish a now chapter XIV in litle

36 of lho Code of Federal Regulations lo

ruad as follows:

(a) An assussination record includes.

but is not limited 10, all records. public

and private, regardless of how labeled or

identified, that documont, descnbe.

repon, analyze. or interprot activitics

and events that may have lod to lie

assassination of President John F.

Kennedy; the assassination itself: and

Investigations of ur inquiries into the

assassination.

Po) An assassination record further

includos, without limitation:

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

of tho ARCA:

(2) All records Called byor segregated

by all foderal, state, and local

government agencies in conjunction

with any investigation or analysis of or

Inquiry into the assassination of

Prosident Kennedy (for example, any

Intra-agency investigation or analysis of

ur inquiry into the assassination; any

inter-agency communication regarding

tho assassination; any request by the

House Soled Committee on

Assassinations to collect documents and

olbor matcrials; or any inter- or intra.

agency collectivn or segregation of

documents and other materials); •

(3) Uther records or groups of records

listed in the Calelog of Assassination

Records, as described in § 1100.8 of this

chapter.

§ 1400.2 Interpretation of addillonal

rocords and Information.

Tho term addilional infonnation and

records includes:

(a) All documents used by

government olfices and agoncies during

Choir declassification revlow of

(a) Agencies, offices, and entities of

she executive, logislativo, and judicial

branches of tho federal government:

(b) Agencies, offioes, and ontities of

Lie exocutive, legislative, and judicial

branches of stale and local governments:

(c) Record repositories and arcluves of

foderal, state, and local governments.

including presidential libraries:

(d) Record ropositories and archives

of universities, libraries, historical

societics, and other similar

organizations;

(o) Individuals who possess such

records by virtue of service with a

govemment agency, offco. or entity:

(1) Porsons, Including individuals and

corporations, who have oblained such

records from souroes identified in

paragraphs (a) through (e) of this

saction:

(s) Federal, stato, and locel cours

where such rocorde are being hold

undor seal; or

(let Foreign governments,

§1400.4 Types of materlais included.ln

scope of assassination record and

additlonal records and informalon.

Tho form record In assassination

record and additional records and

Information includas, lor purposes of

interpreting and implementing tho

ARCA:

(a) Papers, maps, and olher

documentary matorial:

(b) Photographs:

(c) Motion pictures:

(d) Sound and video rocordings:

(o) Machino roadablo Information ill

any form: and

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## Page 6

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7508

Federal Repisic / Vol. 60, Na 26/ Wedaeday, February 8, 1995 & Prepuescid Rules

(1) Artilaces.

nicetings that prissess or croated rucords

relating lo tbd assassination of Prosidant.

§ 8400.5 Regulrement thar assassinalon

rocards be relassed in thel entirety.

Juba F. Kcasady.

An assassination recurd shall be

(u) The inclusion of ortifacts in the

disclused in its calisely excope for

scopo of the lenn assassination socord is

portions specilically postponad

understood to apply solely for purposes

nursuant to the grounds lor

of establishing the President Jolun F.

posigonement of public disclosum of

Kennedy Assassination Kocares

records established in soction 6 of the

Collection and for fully implomenting

ARCA, and no portions of any

tbe lemms of the ARCA and has no direct

assassination ser otos shall to withheld

or indirect bearing on tho interpretation

from public disclosure solely an

or implementauan of any other statuto

gruunds of nou-relevance.

or regulation.

§ 1400.8 Originals and coples.

(c) In the case of artifacts deemed to

(a) For purposes of determining

be assassination records and included io

whother originals or copies of

the John F. Kennedy Assassination

assassination records may bo made part

Records Collecuan, provision lo lbe

of tho President John F. Kennedy

public of pholographs, drawings, or

AssassinalIon Records Collaction (the

similar malcrials depicting Ure anilaces

JFK Records Collaction) lo lo

shall be sufficient to comply with the

established under the ARCA:

ARCA's requirament that copios of

(1) 1a1 8he case of papers, maps, and

assassination records be provided to the

other documentary material, the

public upon request. Other display lo or

Assassination Rocords Roview Board

examination by the public of artifacks in

(the Board) may deterraine that a true

the John F. Kennody Assassination

and accurare copy of the origiual is

sufficient:

Records Collection shall accur under

terms and conditions established by the

(2) lee thu case: uf phorographs. te

Nationel Archives and Records

tcra rocord meras the original negalive

Administration that are adequato lo

(1 travailable, otherwise, luo carliest

preserve and prosect the artifaces for

generation print:

posferily.

(3) 1n The case uf mution pictures, the

serm record means the camera arigunal

(d) Tho temus and, or. ong: oll, and the

il availablo, otermiso, the earliest

plural and singular forens of nouns shall

generation print.

be understood in their broadcast and

(1) Lu lie case uf semid use vidco

most inclusive surse and shali not br.

rocordings. tha term record means tho

stilindiarsioar la be terms of limitation.

original recording.ilavailabla. onch

Any records identified with respect lo,

otherwisc. the earliest generation copy

particular person also includes any

(5) In the caso of machine-readable

records for that person by any oller

infurmaliun, the Board may determine

птв, pseudonym. coleword, symbol

that a true and accurato copy of the

number, cryplodyn or alias. Any, fecord

original is sufficient; and

(G) Artifacis meaus thu uriginal ubject

described with respect lo an operation

or program includes any record

pertaining to that program by any other

(b) In cases where a copy, as dofined

nana, pseudanyn, codesurd, symbo!.

in paragraph (a) of this section is

number os cryplonym.

authorized by the Board to be included

In the JFK Records Collection the Board

§14008 lemplemenling the ARCA-Catalog

may, al its discretion, requiro a certified

of Assassination Records

copy. In cases whero an original, as

(a) A Catalog of Assassination Records

unfired in paragraph (a) of this section.

(COAR) sball be created as the official

is required lor inclusion in the JFK

Rocords Collection the Board may, at its

listing of all records determined by the

discretion, accept she bost available

Board to meet the definition of

assassination record.

copy.

(b) Notice of all decisions to include

§1400.8 Addillonal guldance.

records in the COAK will be published

(a) A guvemaieni ogency, office, or

in the Federal Register within 30 days

cntity includes, for purposes of

of the decision.

interpreting and implementing the

ARCA. all departments, ngencies,

(c) in listing records or groups of

• officas, divisions, foreiga offices.

records in the COAK, the Hourd must

burous, and deliberalive budies of any

detennine that the record or group of

federal, stale, or local government and

records will more likely than uur

includes all inter or Incra-agency

chance, caricb, and broaden tho

workinggroups.committees.anu

historical record al the assassination.

Darud: Faloruary 3,1795.

Uarid la Mermell.

Exncutive Direcior, Assassinution Rocards

Heriew Board.

ItH Doc 95-3112 Filad 2-7-49: 8.15 000)

BILLING CODE BASSTOM

ENVIRONMENTAL PAOTECTION

AGENCY

40 CFR Parts 51 and 93

(FRL-5149-9)

Transportation Conformity Rule

Amendments: Transition to the Control

Strategy Perlod

AGENCY: Enviraaental Prolaciion

Agency (ЕРЛ).

ACTN: Propased rule

SUMMARY: This action proposes to

permanently aliga the timing of cortain

transportation conformity consequences

with the imposition o! Ciean Air Act

highway sanctions. For ozone

noutllaimnent artas wilh en incompleic.....

15% emissions-roduction state

implementallon pian with e prosective

finding; incomplete ozoue altainmenu

3% ralf-of-progreGs plan; os finding of

failur do submit An azano allainmeau

39ú ruter-of-progress plan, and areas

whose control strategy implementation

plan for azone, carton munarido.

particulate ratter, or nitrogen duxide is

disapproved with a protective finding.

tho conformity status of the

transportation plan and program would

trot lapse as a result of such failure until

highway sanctions for such failure aro

ellectiva under other Clean Air Act

sections.

This accion would delay the lapse in

conformity status, which would

otherwise pravant approval of now

highway and transit projects, and aliow

Stales more time to prevent the lapse by

submitting complote ozono

implementation plans.

EPA bas published in tbe final rule

soction of this Federal Register a similar

interim final rule which takes effect

immediately and applies for six months.

This proposal would apply the

provisions of the interim final rule

permanently.

DATES: Comments on this action must be

received by March 10, 1995. A public

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

February 22, 1995 in Washingion, DC.

ADORESSES: Interested parties may

submit written consinunts (in duplicale.

il possiblo) to: Air and Radiation Docker

and Infornation Center. U.S.

Environmental Protection Agency,

Allention: Docket No: 1-95-02.401M

Strecl. SW., Wastingion, DC 20460.

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