Transcript of 104-10333-10011.pdf

================================================== Page 1 ================================================== 14-Q0000 104-10333-10011 2025 RELEASE UNDER THE PRESIDENT JOHN F_ KENNEDY ASSASSINATION RECORDS ACT OF 1992 ASEN Y - INZERNAL USE ~ONLY PRIVILESE? AT-ORNEY WORK PROC ECT OGC-94-52916 19 September 1994 MEMORANDUM FOR : David P Holmes Deputy General Counsel FROM: Robert J. Eatinger_ Jr Assistant General Counsel Litigation Division, OGC SUBEECT: DCI Sources and Methods Autkority With Respect Lo 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 -2458 _ repricted at 44 U.S.C_ 5 2107 noce For ycur convenierce I have higk-igkzed the Per-inent provisions that will aid in reszondizg to aj ing-iry regarding the stacute S effect on the DCI S statucory aut:ore-y co protect intelligence sources ana methcds 2 The clear language and intent of the law is Lo supersede stazuces that prohibit d:sclcsure of informa-:on except for some irrelevant subject areas such as tax records The statuce provides that 0 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 otkerwise prohibit 0 the disciosure of information subject to the Acc ARCA S 11 (a) This language taken wich the provisions discussed below which limit the intelligence sources and mettods thac ray be protected and sec a strict proced:ral scheme bY whick inforation is to be reviewed under the ARCA _ effectively supersedes the DCI S National Security Act authority with respect to icielligence sources and Fethods information subject Co tre ARCA 3 _ Section 6 of the ARCA provides the grounds for which the release of information may be postponed _ 6 Tne 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 yearg after the passage of the ARCA (which occurred in October 1992) unlesg the president certifies that continued postponement is necesgary _ ARCA S 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 che public interest , and such ic disclosure would reveal- PRIVILEGED ATTORNEY WORK PRODUCT AGENCY - INTERNAL USE ONLY publ ================================================== Page 2 ================================================== 4-Qoooo AGENCY INTERNA: iSE ONLY PRIVILEGED ATTORNZY WORK PRCE CT SUBJECT: DCI Sources and Methods Authority Wich Respect co JFK Aggaggination Recordg (A) an intelligence agent whose identity currentLy requires protection; (B) an intelligence source or rethod which is currently utilized _ or reasonably expected to be utilized, by the United Staces Gove-nment and which has not been_ofEiciallydisclosed _ the disclosure of which would _interfere wich the cxnduct of intelligence activities; or (C) any other matter currently relating Lo intelligence operations the disclosure of which would demonstrably_impair the natiozal security Of the United States ARCA 5 6 (1) (Emphasis added . ) 4 The originating agency is c: make tk? Eirst review to iderzify inforacion that meets cre szandards for postponement _ ARCA 5 4 (c) (2) (D) (i) For CIA this effort is being undertaken by tte Hiscorical Review Group - in consultatizn with the Direccorace of Operations and other appropria:e Agency components _ Information the originating agerzies ident ify for poscponement must be transmitted to the Review Board ARCA S 4 (c) (2) (E) The Review Board 0 shall consider and render decisions on a decerminat ion by a Government office to seek to postpone the disclosure of assassina:ion recc-ds ARCA S 7 (1) (1) Specifically, che "Review 3oard sha-1 consider and render decisions on whether an assassinat:on record or parcicular information in a record qualifies {or postponement of disclosure under the Act _ 0 ARCA S T(i) (2) (B) 5 , If the Review Board deter::es to orzer the disclosure of information that the originating agency feit met the criteria for postponement it "shall notify the head cf the originating body of its determination and publish a_ copy of the determination in the Fedexal Register within 14 days after the determination is made _ ARCA S 9 (c) (4) (A) If the infomation contained in an assassination recora is "obtained or developed solely within the executive branch , the President shall have the sole_and pondelegable_authority to require the dieclosure or pogtponement OE the information under the standards set forth in Section 6 4 ARCA S 9 (d) (1) (emphasis added) The President ' g 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 6 9 (d) (2) 2 PRIVILEGED ATTORNBY WORK PRODUCT AGENCY - INTERNAL USB ONLY ================================================== Page 3 ================================================== 4-Qoooo AGENCY- INTERNAL USE ONLY FR-VILESED ATTOR:EY WORK PRZUCT SUBJECT: DCI Sources and Methodg Authority Wich 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 wich some or all Of the Review Board menbers _ Robert Eatingerg-Jr Attachment 3 PRIVILEGED ATTORNEY wORK PRODUCT AGENCY - INTERNAL USE ONLY ================================================== Page 4 ================================================== 14- QoooQ SUBJECT: DCI Sources and Methods Authority w/Respect co JFK Assassination Records OGC-94-52916 DCI/OGC/RJEat inger: 76135 (19 Sepc 94 ) Original Addressee "lattach) (kand cel:vered) OGC Registry (cattack) Lit File 1 RBB (OGC/Iz5) C/HRG (J . Pereira-404 Ames) RJE Soft File (wlattach) RJE Signez 1 RRP -fyi PAS- fy: ================================================== Page 5 ================================================== 14-00ooo CIA SPECIAL € LECTIONS RELEASE FULL 2000 DRAFT CHAPTER XIV ASSASSINATION RECORDS REVEEW BOARD Part 1400 C GUDANCE FOR NNTERPRETATION AND MPLEMENTATION OF THE PRESIDENT JOHN F KENNEDY ASSASSINATION RECORDS COLLECTION ACT OF 1992" (ARCA) Sec: 1400.1 Scope ofassassination record. 1400.2 Scope of additional records and information: 1400.3 Sources of assassination records and additional records and information. 17 JN ================================================== Page 6 ================================================== 14-000QQ DRAFT 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 S 1400.1 Scopeofassassination 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: (6) 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 O1 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 18 ================================================== Page 7 ================================================== 14-000QQ DRAFT 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 81400.8 of this chapter: 81400.2 Scopeof_additional recordsand information The term_additionalrecords and information includes: (a) All documents used by government offices and agencies their declassification review of assassination records as wellas 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, ard 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) Organizational charts of government agencies. (e) Records necessary and sufficient to describe the agency's: 19 during ================================================== Page 8 ================================================== 14-00ooo (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) Search methods and procedures used in the performance of the agencies' duties under the ARCA; and (6) Reclassification to a higher level, transfer, destruction, or other information (eg- theft) regarding the status of assassination records. Any other record that does not fall within the scope of assassination record as described in 81400.1, but which has the potential to enhance, enrich, and broaden the historical record of the assassination. 51400.3 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; 20 ================================================== Page 9 ================================================== 14-000QQ DRAFT (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 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; Federal, state, and local courts where such records are being held under seal; Or Foreign governments. 81400.4 Types of materials included in scope of assassination recordand 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; (6) photographs; (c) motion pictures; 21 entity; ================================================== Page 10 ================================================== 14-000QQ (d) sound and video recordings; (e) machine readable information in any form; and (f) artifacts: 81400.5 Requirement_thatassassination recordsbe_eleased in their entirety: An assassination record shall be disclosed in its entirety except for portions specifically postponed pursuant to the grounds for postponement of 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 ofnon-relevance unless, in the Assassination Records Review Board's sole discretion, release ofpart of a record is sufficient t0 comply with the intent and purposes of the ARCA 81400.6 Originals_and copies: (a) For purposes of determining whether originals or copies of assassination records will be made part of the President John E 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 22 DRAFT public ================================================== Page 11 ================================================== 14-00ooo DRAFT government functions or activities, may be placed in theJFK Assassination Records Collection; (2) 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 that is a true and accurate copy) may be placed in the JFK Assassination Records Collection; (4) In the case of motion pictures, the camera original, whenever available (otherwise, the earliest generation that is a true and accurate copy), may be 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 In the case of artifacts, the original objects-themselves may be placed in the JFK Assassination Records Collection. 23 print print placed ================================================== Page 12 ================================================== 14-00ooo DRAFT 66) 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 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 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 ofany assassination records contained in the JFK Assassination Records Collection are not also assassination records that,at the Assassination Records 24 may, ================================================== Page 13 ================================================== 14-00ooo DRAFT RReview 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 t0 time in the professional judgment of and at the discretion of the National Archives and Records Administration for purposes ofpreservation or reformatting to conform to different hardware and /or software requirements 81400.7 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 thatpossess Or created records relating to the assassination of President John F Kennedy. 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 O regulation In the case of artifacts deemed tobe assassination records and included in 25 ================================================== Page 14 ================================================== 14-QQQQQ the JFK Assassination Records Collection, the provision to the 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 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 O reflect their true name or any other name, pseudonym, codeword, symbol, number, cryptonym or alias to identify that person: 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 DRAFT public public used ================================================== Page 15 ================================================== 14-00ooo DRAFT 81400.8 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 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: days ================================================== Page 16 ================================================== 14-00ooo Calendar No. 552 102p CONGRESS REPORT 2d Session SENATE 102-328 THE PRESIDENT JOHN F. KENNEDY ASSASSINATION RECORDS COLLECTION ACT OF 1992 R E P 0 R T OF THE COMMITTEE ON GOVERNMENTAL AFFAIRS UNITED STATES SENATE TO ACCOMPANY S. 3006 TO PROVIDE FOR THE EXPEDITTOUS DISCLOSURE OF RECORDS RELEVANT TO THE ASSASSINATION OF PRESIDENT JOHN F. KENNEDY JuLx 22 (legislative JuLx 20), 1992._ Ordered to be printed GOVERNMENT PRINTING OFFICB 59-010 WASHINGTON 1992 S.Rept 102-328 0 92 55 day, U.8. ================================================== Page 17 ================================================== 14-00OOQ 21 tion,it is important to emphasize and clarify the legislative intent and importance of particular provisions of the Act Defining assassination records Assassination records"' are defined in Section 3. The definition of assassination records" is a threshold consideration for the suc- 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 commissions . and congressional committees 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 inguiries. Proper implementation of this Act and providing the American public with the opportunity to judge the surrounding history_ of the assassination for themselves; re- quires including not but . going beyond, the records of the Warren and Rockefeller and the Church and House Select Assassination Committees: (6 The term assassination record" was not more specifically de- fined by the Committee because_ to do SO before more js 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- ticulating 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 grganize 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 priate 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 autopsyphotographs and X-rays %f 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 establishedtesidential past onltonmissions; ================================================== Page 18 ================================================== 14-00OOQ 19 the date of enactment unless, in the case of executive branch records, the President demonstrates that disclosure will result in an identifiable harm to the security, intelligence operations, or foreign relationg of the United States. The Agsassination Records Review Board i8 an independent agency within the executive branch; The five-member Review Board will be appointed the President with the advice and con- sent of the United States betaceP Thideontfiritatibe hdvicegandifobe conducted by the Committee on Governmental Affairs: The Act re; quires that the Review Board include at least one historian and one attorney,.&nd that each member is @ national recognized pro fessional in his or her.field The legislation requires that to making the appointments; the President is required to consider rec- ommendations from the American Historical Association, the nization of American Historians,,the Society of American Archi vists; and the American Bar Association: To ensure & comprehensive search and disclosure of assassination records; particularly to enable the public to obtain information and records beyond the scope of previous official inquiries, the Review Board has the authority to direct anygovernment 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 The Review Board is authorized for & two-year period and it may be extended by a majority vote of the Review Board for Up to ,&n additional year. The Review Board- could decide to extend it exigt- ence to less than one year if that i9 the time determined a8 neces- sary to complete its work; Annual financial reports and other odic reports are required to be provided to the Congress The re ports must include statements of progress the level of cooperation of government officeg 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 & tragic and defining moment in American history; The desire_by the American public to understand who agsassinated 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 80,while increasing the volume %f secret government records about the &8 gasgination: In 1992, the public demand, fostered by increased media attention, the opening of gecret files by changing govern- ments around the world, and other factorg, culminated in the rec- ognition by the Congress and the Executive Branch that the records related to the assassination of Pregident Kennedy should be fully disclosed In addition to the legiglation considered by the Committee, and its counterpart considered by the House Committee on Government Operations, four other related, though more limited, meagures . were introduced in the House of Representatives in 1992. Two bills mandating the release of all Kennedy assassination investigation nationaPublic prior Orga; peri- ================================================== Page 19 ================================================== 14- QoooQ 7506 Federal Register 1 Vol. 60, No. 26 Wedncsday: February 8. 1995 Proposod Rules (D) For dependents ofactive duty @) For dependents o uctive duly bclween Wbe bours 0f 9:J0 &m. end 4:J0 members in pay gredcs 0[ E-5 and membors (n pey gradcs oE-S and Pm . Monday through Friday (except above, 5z5; and; above: 520; &d, icgal bolidays) Comments may also b (C} For retirecs &nd their depcndcntsa (C) For retirees end Wheir dopcndents, faxed to Wbe Board & (202) 724-0457_ S2av4 The copayment for prescripton S40. Commonts received mey bo inspected in (0) Updates Tbe enrollmcnt (ees for thc Board"e public Teading rooni, locelod per presciption, Ior 4 maxamum 6scel year 1995 ser under paragraph (c) @t tbe address cbown @bove, botween 10] 3848F For 8upabondentfe nden foolowtive of tls cection and Ube pcr sorvices am. and Jpm Mondey througb membors in pay grades E-1 througk E_ specific doller erounts lor fiscal (except kegal bolldays) Parsons wisbIng 4,S5; 1995 set undor paregrapbs (d) (e) of to Inspec oommenta in Whe Board s (B) For dependents ol active tbts secuan mey be updated for pubLic row obouId call tho pombors In pay grados o E-5 and subsoguont years (0 Uhe exteull nccessary: Doard $ office boloreband at (202) 72+ ebove. $S; and, lu mainlain compliance with statulory 0088 for furtbcr informnaUon: (C) Far relirces and tbeir dependents roqufremenls partaining (o govermedt For fuathea INFOaMATON CONTACT: 59 costs Tbis updating does not epply (o Sberyl L Wallc (Cencral Counsol). (uii) Tbe lor ambulanco cost sharipg ibet [s exprcsscd as 8 (202) 724-0088. services is 99 Slolouent = porcontego of ellowable charges; tbesa (A) For dependonts of actve percentegee will romain unchaoged: SuppLementARY HHFORMATRON: members bn pay of E-I through le) Applicobility of thc Uniform HMO Background E4. 510: Benefit to Unlformed Services Tbe President Jobo F; Kanncdy (D) For dopcndents ol active duty Treatmnent Facilities Managed Core Assacsinauon Rocords Collecuod mombors in inX, godes of E-s end Program: The provlsions ofthis scclion 1992 44 U.SC 2107 Qole (@s Act of ebove;S15: concering thc Ubilomm HMO Benefit (ARCA) establishad ta amended) (C) For rctireos and thcir dcpcndcots. gbaJl epply to tha Unilonned Survices F President Jobn 520. Troatment Facililies Monaged Caru Kenpedy Assassinauan Records (0} Inpalient Cst shoring . Frogram: effectve Octoher 1, 1995. Collcclion (the JFK Colloction) at the rquiremenls under thc Unifomm HMO Undcr Wat program, non-CHAALPUS Nauonal Archivcs and Records Denefit- (1) In gencral. to liou 0( usual eligblo benebciares have the samn0 Administation (NARA) Ln eslablsbing QLAMPUS cost rquicements Peyment rcsponsb:litles &s QIAADUS: bbe procoss (or publlc disclosure of all (soe 5 194.4(0). soQal cost sharing elgtble beneiiclarles necords mlalingto tbo assassinalon, aoudis ar requjred: Tho speciOc Congress cealed an indepondenl ogency neyuireqenl: bhall bo wilorm and slall Datod Febqary 2, 1935. mthu Wbe execubve branch. Wbe be published as @ uolco Anpually = LM Byua Assassinauon Records Revicw Baxrd Assibunt Sucnlary u Dclcnse aliicskbba Altcrnou OSD Faderol Hcxuster Lsoison (tho Board} which consists of Gve Affslo) Otfuer, Degartmcil0 Crlnsc. cilizens appoinled by Ubu President (2) Slructure % cost sharing: For IFR Dc 9s-J0z6 Folod 2-7-95.0 45 aml Under Wbo Malule, Usa Doard is eorvicos otbcr Uan mental illnass or Blum coo€ 6MM erpowered lo dexndo ~wbetbcr record substance USe UedUlunt, thur is conslalutcs an assassInauon Iccord:" +] pominal copayment lor ective U.SC 2107 nole. Sac, 7(u)(2)(A): dopendonts and (or relired membors. ASSASSWNATION records REviEW Cungress further made clear it6 inlcnt dependents 0[ reled members, &nd BOAAD thal Ube Board "tssue guidanco Io assist survivors. Fur updflent mental bealtb in articulaling lhe scopo Qr universe of end substence 4se Ueeunent: & separate 36 CFR Part 14000 assassinalion rocords: President Joho por charge is egteblished. F: Kennedy Assassinalion Records (3) imount % inpotient cosl sharing Guldance on latcopreting ad Collccuon Act 6[ 1992, 102-328, icquircmcnts Deginning in Gscal ycar Implomenung the Presldcnt John F J02d 2d Sess. (1992) 8t 21. 1935. &ho Inpatient COst Kennedy Acsasslnalon Records In consiucling the proposed guidance [o%5 Forecuiz Qe 26 (ollows: Collecton Act 0( 1992 sct out here; We Board seeks t0 For acule care admissions and ACENCY: Assassinetion Records Rcviow Implement congrsslonal Intent that the otber non-menlal bealtkysubstence us0 Bowd (ARRB) JFK Collection contain ~tbe most treatment admissions We per diem comprehensive disclosure 0f records' charge is as (ollows: witb a minimum ACTION: Froposcd interprctivo relaled t0 the assassinetion ol Prcsidont ch3;; of 525 per admissioo: rcguletion: Kennedy: Id. et 18. The Board is elso For dependeats of ecuve SUMMAAY: The ARRB proposes I0 issue mindful % Congresss instruction that mcmbers In pay gradcs E-1 E regulaLions providing guidance on the tbo Board opply a ~broad and 48 #or = of: interprelation O( cerlain ters defined encompassing" working defipiton of mCBbeog depavdeadc 'ractivo in apd to implemenlation of the "essassination rcord" in order l0 pay gades O E-S and President Jobn F: Kenedy acbieve tbe of essembling the ebcaiGpSf Fotirccs and their Assassination Records Collcction Act of fullest historical record on this tragic 511_ dependents: 1992. event ln Amcrican history and on dhe (ti) For mcntal bcalu /substanco Use OATES: To be considcrcd, commcnts invcstigatione Ubal Ivcre undertaken in Gcatment admissions, and (or partial must be recefved 0n or belora March 10, tha essassination'$ aRermath. The Board hospltallzation scrviccs; tho per dlom 1995. recognizes that many egencies bavc charge Is as follows; with minimum AdoreSSES: Commcnls should bc elready begun (0 organize and rcview charce 0{ S25 per edmtsslon: mafled (0 We Assassuation Records records responsive (0 tne ARCA even (A) For depeodents O active Ravlew Board 0t buU E Sueet, NWV . belore the Bcard wes uppointed ad memlxry iu pay grades E-I uhruugh E Socond lvor, Washington; D,C 20530 or fogrd { aiwoik-UNevaiheleds, Ghe_ Sz0; aim is Uhat tbis guldance wll dellvorod In porson (U Ual addrcss ald In the ultiniate ussoably and public dug Friday duly end/8 reuding duty duty gadcs sbaring duty dey = S.Rcp: Cong , sbarios i%eaugz= duly goa} dury bcgan ================================================== Page 20 ================================================== 14- QoooQ Federal Regisler Vol: 60. No 26 Wodnesday. February 8, 1995 Proposcd Rulcs 7507 dicclocuro of tbo fullest possiblo CILAPTER MV_ASSASSINATION histoncal rucord on this tegedy und on Records review BOARD essussInglion racords 9s woll 0s a}l othcr subsequcnt invosuigallons and inqulres docunents Indices; rcords, and JUiurc into it. PART i40o_GUIdANCE For matoria} that disclosc CrYPlonyms. cude Tbe Doard'$ INTeRPAETATION AND narnos, Of Othor Identilicaton malerlal proposed guidance Is IMPLEMENTATION OF The in assasstnatlon rocords: dcelenod L0 bolp goverment egencies PRESideNt JOHN F. KENNEDY (6) All Uainlng manuals. instnucllonal and tha Board idenlify and make ASSASSINATION @ECORDS melerials: and gidelines croeted or evelleble t0 &be public ell documonla COLLECTION ACT OF 1992 (ARCA) used by Wbo ageacles in furrhoranco of Shat wlll onhanco. enrich and broaden tbolr roview ofassassinauon records. the blstorical cexcord ol tbe essessination Soc (c) All records; Lists, und documonis o{ President Jobn F; Kcnnody: Tbo 1400.1 Inter;ureletion of essessladllon describing tbo procodure by which the Duord cock $ througb thls guidanco Io ItoxRcord: bgonclcs idcoufod or sclocled GIGll Congaoss"s antonltj and omphasis 'ad akarRH:ion nf addlliGal rcords assasslnation Iccords (or revlciv_ tbat tho scercb and dsclosuru o rerords 1400 ] {Sunesossasnilloo reordt (d) Organizallone} cbarts of urdur Wls Ac must &o boyood bo eddluional recurds und Inlormation: acd Governmcat egoncles. rocords of provious commissions end 10u_ Iypeo ol malerial; Included In szcpa (0) Records nocessary und sulScicnt l commitlee: eslablisbed to (nvosugate ol essussln-llon record and adJiliollal dexnba Uhe agency"s: Prosldent Konnody"$ asgasslnation Id,at recurds and information 4# Record: policles and achcdulus: 21; The Doard also soeky to provide 1400.5 Requlrcment that assesstnallon (2) systcms and orcenization; notice ol the scope of ils inlondod rccorda br rcleascd In their cntsrcly end cxcrcise 0( eulhority l0 coek eddiuonal {oo; Oddmonigdconrs (2) Storege facilltios end localions guidunco inlormation Or records In ordor (o fulfill 1400 8 Implementung tho ARCA-Calelos o 5 140.J Sourcae 0( ees9s8lnauon Its funclions ond responslbllillos under Assossination Rccords and edllonatocoods ancs infodoalocords tho ARCA_ Authorliy: 44 U S.C 2107 Gole_ Assassinatlon records and additional In addition, he Baard propasas (o $1400.1 Interpretation 0/ Jssasslnallon records and Inlormauon may bo locatcd _ create 3 mochanism (0 facilitate the rcord: 9t, or undor Ube contol of, without Board $ ongolng work and to further (a) An ussussinution record includcs, hmitotion: cnsure future public eccoss (0 the but is not hmited {o, all rccords, public (6) Agencies; officcs, and entitcsol broadest possiblo hislorical record Thls and Privale: regardless of how @belcd or the excculive, logislouvo, and judicial mcchanism will be Known &8 tbe idendified; that documont, dcscnbe. branchcs of ebo lederal govcrnment; of Assassinalion Rccords" report; analyze; or inlerprot acliviuics () Agoncica: olficcs, ad ontitics o( (COAR) Tbe COAR is Intondod t0 b0 an and events Uhal may havo lod to Ule the exoculive; icgislative; and judicial olficlal of ell records deterined ASSAssination 0[ Presidunt John F branchos Ol stale and local govemmonts; by Wbe Board io mcet the dofnition of Kennedy; lhe assessinaion itself; and (c) Record ropositorles and erchives of assassination rccord and included in Investigelions ol Ur inquirics inlo thc fodera , state end local Governments. the JFK Colloction: essassination: including Presidonual librarios; () An ossassinalion record {urthor (d) Record rpositories end archivcs Request for Commcnts includos; without limulalion: ofunivcrsllies libreries, blstorical Tbo Doard secks public (1) All records As delined in Soc. 32) socieuc6, end othor similar commedl on of ARCA; organizations; its proposed inlerpreuve reguletions (2) All records callcd (0) Individuels wbo possess such intended t0 provide guidanco on bbo by all foderal, by or segrcgated rccords by virtue of sorvice with & Intorpretation of tbe (erm ssessinetion bovernmcnt state. and local govemment egengy: olfico, or record, lbe Iullended scopo of ils wit egcncics in conjunction @Forsonsagacca?g Gadovidntily:and exercise of eutority to seck additional InquiggYniodbeigstiosi Or enalysis of or corporalions, wbo bave oblainod such Inforinetion or records. and its President assassination 0f records kom sources idenufied in addilionel Proposals Cor Implomontallon RuzidoogKcanedligcicn or,na) paregrepbs (0) througb (e) of this of to ARCA_ invusiigalion or analysis of soctlon; Or inquiry into the assassination; any (c) Federal, List of Subjccls in 36 CFR Pert 1400 D(er-agency communicalion regarding wbere Jucb state; and locel courts te assassination; any request by te undor rocorde are' bclng hold Administrative pracllce end House Solect Commitleo on saal; or procedure. Archivcs and rocords Assassinalons lo collcct documents and (L) Forign govemments: Accordingly. Ihe Assassination otbor malcrials; or any inler- or inte: 51400.4 Types 0 materlals Included Ia Records Roview Board egency colleclion or scgrcgalion of Bcopa 0( easasslnalln record and to establisb 0 Dew bereby-Proposos documenls and other malerials}; addillonal recorda end Inlomauon: 36 olablidode8l Fcdode Reiulationa (3) Otbcr records or groups of tecords Tbo torm record In essassinalion suad Federal Regulelions lo listed in Wbe Catalog of Assassination record end additional-recordsand 03 follows: Records, es describod in 5 1400.8 0f Ulis information Includos, for of chapter: intosercting and iapicraenufgocs $1400.2 Interretallon 0 additlonji ARCA: recorus and Inlormalon: (a) Pepers, maps. end othcr Tho (or oddilionol infonnation ond docyFootagy matortaj; records Includes: Photograpbs; (0) AIl documents uscd by (c) Molion pictures; governmont olfices &nd (d) Sound-and vidoo rocordings; toir HecoassiGcaeon cVcon cics = during (0} Machino raadobla Informaiiou in ony form; and Filing "Calelog listIng to eny ================================================== Page 21 ================================================== QoooQ 7508 Fedcral Registcr Vol: 60. No 26 Wcdaesday: Fcbruary 8, 1995 Progxsed Rulcs (0) Arulacts noolings thal posscSs or croaled rocords Dslud: Fabruny J, 1J95. {elating (0 &ba assessination of Prosident Drld G MurmD, 6 1400.6 Acqulrcment that assasslaJUoo Jobn F. Kepnedy- Excutive Diaeclar, Assossmution Rocords rocords bc rclossod In Itck endrory: Revicw Bord. An assessillaliuu record shall be (6) Thc inclusiun o[ orulocts in bo disclosed in its ealirely for ccope of (he tenn assascinalion Tucord is IFR Doc 95-JIIZ Filad 2-7-45;8:45 a0/ porclosed jeditcaliyeospouod understood to apply solely for puposes @LUNG CodE UrTdl# Pursuant (0 Wbo grounds for of estebllsbing the President Joho F postponcment %f public disclosum of Konnedy Assasdoation Rccords records estabhshed in seclion 6 ol te Collection end for implomenling ENVWONMENTAL PaOTECTION ARCA, &1d no portions o[ eny be lcrus of tbo ARCA and bas 00 direct AGENCY assassinalion recards shall b8 withbel or indirect bearing on Uho interprelelion 40 CFR Parts 51 and 93 brom public disclosure solcly 0n or implemeotauan of any other statula gounds of nou-relevance Or regulaton. (faL-6149-9} 814000.6 Orlglnals end coples (c) Ln thc case of arui(scts dcemed to Transportatlon Conlonmlty Rule (a) For pumposes ol delermining be assassinalion records and included io Amendments: Transluon (0 the Control wbothor originals Or copies of the Jobn F. Kennedy Assassination Strategy Perlod essasslnation rccords may bo made part Rccords Collecuon; provision (0 Ibe AGENCY: Enviroomenlel Protoclion of thbo President Jobn F. Kennedy publkc of pbolograpbs, drawidgs, Or Agcncy (EPA) AssassInatlon Rccords Collectlon (te similer matcriels depicling Uie anilacls JFK Records Colloction) to bu sball ba sulficiont t0 comply witb the ACTION: Propased rule establishod undcr Ubc ARCA: ARCA '6 requbromant that copios of SUMMARY: This action proposes to (1) Iat the case of papers. meps. &d assas9inalion records be provided t0 tbo permanently align Wbe timning of certain otber documealary malerial, the public upon request. Other displey t0 or jansporlation conlommity consequenccs Assassinalian Rccords Review Board cxaminalion by te public o arlifacts in with the imposilon 0f Clean Air Act (thc Board) may delemine that & tue the John F.Kennody Assassination bighway eanctions For &zono end eccurale copy of the origiual is Rccords Collection shall accur under nouellaiunent &reas wilh an incompletc sullicient; lenns and conditons establishcd by Wbe 15% emlssions-roducuon stale (2) I# Wu case: Of photograpbs. Ue Netione[ Archivcs and Rccords Implorentaton plan with e protcclive tcrT rccord mcans tho Oniginal ncgative Admlnistration that are adequato to finding; incooplele Ozollc alainmenu if available- otherwisa. Ube earliest preserve and prolect the artifacts (or 3% rele-of-progrese plan; or of gencration pnnl: (ailura t0 submit an @zono atlainmeau (3) &n-tbe case-of mulion pictures;-the posferily-_ 3% Fute-of-progress plan, and areas tcrm rccord mcans Ibe.camera griginal (8) Tbo tcms ond. or, 0ny; oll, and thc whose contol stralegy imiplemcntalion if availablc;otberwise. Wa earLiest plutral and singular (orms o( nouns sball plan (or ozone, carbon monoxido. generation print . be understood in thcir broadcast and Perriculate matler, Or nltogen duxide is (4) Lu tbue Luse O[ suuud w14 vidco most inclusive sense and shall not bc disapproved wiut @ prolectvo linding: rcordings, the lerm rccord means &ha undorstood lo be lerms of limilauon: tho conformity status of tho original recording; il evailablo; records idenufied with respect (0 & transporlalion plan and program would ouberwise. the earliest generetion copy; particuler person also includes any Jul Japse 9 @ result of such (ailure until (5) Ln the caso of machine-radable rccords for tbat person by 4ny Otber highwey eancions for such failuro ar inlormation. tbe Board may determine nama. pseudonym, COUeword. symbol; ellecive under olher Clean Air Act tbet & tnue and accurate coPy 0f Uc number, cryplopyn or alias record sections: orlgtnal Is sufficient; and described witb rspect l0 &n operalion This action would delay the in (G) Artilacts Qeaus We original object or progrem inchudes any record conformity stlus, whicb would itsolf: penalning t0 that program by any Otber otbcrwice prevent epproval of nolv (6) In cases wbere a 88 dofped IQIlO, pseudanyu. codeword, symbol, bighway and transit projects; and ellow io peragreph (a) of this section is numbar or cyplonym: States more lime to prevent &e lapse by eutborized by the Doard lo bo included submitling complole ozono In the JFK Records Colection te Board 5 14008 lmolemenlng the ARCA_Catalg imB}erze aioumledsn mey. at its discreUon; requira 4 coruled 0l Aesasslaalon Records bes published In tbe finel rule copy- In cascs whcre an Original; 0s soclion ol Uhis Federal Kegisler & siwuilur Jolitled in paregraph () o{ this ccction, (e) A Catalog of Assassinalion Rccords inlerim final rule wbich takcs cllcct is rquircd {or inclusion in tbo JFK (COAR) shall be crcated as tho official immedietely and Snouldlppi for six months_ Records Collection the Board may: al ils lisling of ell records dclcrmincd by the This Proposal apply tbe discrction, accept the best availeble Hoard t0 meer Whe delinition of provisions ol We intcrim fnal cule assassinalon record. pemanenlly- copY- () Nouce of all decisions (0 include DATES: Comunents on (his aclion must bc $ 14000.7 Additlonal guldance" records in Uhc-COAR will bc-publishcd recoived by March 10. 1995. ^ public (a) ^ govcmnicnt ogency, office. 6r in thc Federal Regisler unthin 30 days hearing will be hcld at 10:30 &.m. on cntity includes. (or purposcs of of thc dccision. February 22, 1995 in Washinglon, DC interpretiog and implemeoting Ua (c) In Ilsting records 0r groups of ADORCSSES: Intcrcsted parties may ARCA. &}l departmenls, "gencics. submit wrillen cominants (in duplicatc, olfices. divisions; (oreign olfices. records in thc CUAR, the flojrd mnust if posslblo) l: Air and Radialion Docket burojus, and delibcrauve budies ol any dctennino (hat the record or group of and Infonnauon Cenlcr, U.S. fedcral,,St4(0, Or Iocal goverment and records will mor Ilcly Wbal HOt Environmentel Prolcclion indludes 0ll inllery or btra-egency cnhencc . cnricb. and broadcn Ulo ARenoiomedcakototoctio-9S-ge2cYo1 M Wor groups. culumlttecs and historical record 0f tbe assassination . Stcct . SWV ., Washinglon, DC 20460. fully fndina Any Any lepsc copy: Aing ================================================== Page 22 ================================================== QoooQ ADMINISTRATIVE INTERNAL USE ONLY CSI-0316/95 16 February 1995 NOTE FOR : D/ IM/ADDA/IS DCI/ IRO DA IRO DI IRO DO / IRO DSET_ IRO OGC (Bob Eatinger) DD/OCA C/IPCCRD 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_ The regulations focus on the definition of I assassination record" which is very broad_ The possibility of requiring additional records searches is raised. 2 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 (x50373) with your comments 1 March D32~ John F Pereira Attachment ADMINISTRATIVE INTERNAL USE ONLY by ================================================== Page 23 ================================================== 14-000QQ U u; {+} 0) ZU: (~ U40 / I/f / I00 | facsimile TRANSMITTAL to: John Pereira,CLA Ilistorical Rcvicw Program Izx #= 8703)243.8343 re: ARRB proposed interpretive regulations date: February 9, 1995 pages: 4, including cover sheel Dear John: Following this cover sheet is a courtesy copY Of the Assassination Records Rcvicw Boards proposed interpretive regulations, published yesterday in thc Federal Register. The proposed regulations include guidance on interpretation of the scope O certain pravisions of the Assassinalion Records Collection Act, including the ters "assassination record" and "additional records and informalion.' The Buard is solcitIng comment from all intcrcstcd parties and would welcone any comments that the CL may havc. (Thc cOmncml is 30 thc dcadlinc is March If you have any questions or any additional inlormation, please don't hesitatc t0 give me a call on my drect line or at our main number, 724-0088. Sincerely, 6Mul1 SherL Walter General Counscl fr3m t desa of Stcryt Warcr Gereral Counsel Assassinaton Records Rcvew Board 6000 E Street NW, Second Washington, D.C. 20530 (202) 724-0815 Fax (202) 724-0457 pcriod 10.) days; nced Floor ================================================== Page 24 ================================================== QoooQ 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 {WTC 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 anticipatea that a KGB officer in Mexico City would be transferred to another country and go on generating much operational information_ Furthermore , we saw it as the Board' s responsibility to review the records we identified as non-relevant and to support publicly those of our decisions that 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 woula 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 sone of this stuff might be non-relevant? Frank they ================================================== Page 25 ================================================== QoooQ Ncw Notc NOTE FoR: FawaP Watlen@ DCI frOM: DJolnN Gice? DATE: 07127/95 05.02.46 Pa; sUbJcCT: JIK Aecords This i3in rC3pon@0 t0 vour request that revierv ASAF Mie mmquicsrd relatiois hy tha JFK Assassinai Reoords Aevlzw Board: I sc+ Sheryl Walers hand much in evidance hAra Isoe trom Ihe attachmcnt Ihat she i5 tlie Coard s GC. Lace you, I am very conccmcd aboul Iha breadlh Ol Ille reg"s dlefinaions The io keep in Mind IS Ihe satnorv aU:arty Icy the Board. wouk arquo th1at Ihc dclniion ol "a3xa33in8l10n record" in the staturc (44 US.C . section 2107 note . section 3(2) 0l Ihe Acl) is IIROrR limited] Ihan Ihe rcg: The flarute dolinas an assasslnaton recor Jc 0n0 "rclxted" (0 tnc J3sa331natkn of JFK. Thus when section 1400.2 (d) ar (ei of Iha reg authorize Board access lo Ogdltizalio1l chans Ol governmemal agencles am1 mcords necessary a1] suttican: t0 describo {ho aq0ny $ iccOrd: policic3 and achcduks 3vstems ard organiatin ard strage {aclities and lacaticns mwld argue that such intormation Is Ivay IoO Iar aield. There Is no way wo can allow tc Board @0 havc acce3s t0 this ilonalion, rhich in any evcm is prohibded by section 4034 Irom discksure notrithctanding any Othor Iaw The same issuc anScS wdh mesecl I0 5tori 1400.7(d) of the reg Ihal proposes t0 Includa intn9 dafinfion Ot (COrd rccords tor a perzon by enOther name Or personal idcntlicr: This mauld aopear o authorize Doar access Io al inlonation aboxn an a090t wt may have only bccn tangcmalty InvOlved in thg ascacsinalion bul whosc Crpt i3 qivon in many Olher unrelated dxuments about unrelaled operatians Talk about yourr CaATs mase uncker Ie Iem! Finally. seclion 1400.5 ol the reg (Atses an gld] dngf an issue. The National Security Arctvo (Sharyrs ola emproyor} haz becn Iiqhting br a bng time in FOIA Idioation that (he IOIA relers t records ad that therelore all inlamation ii a mesponsive rgmrd must be reloased unlysc otnonwico Oxomp1: Ttrg 1; m FOIA excmption; thcy arque. Ior non-responsiv malenal in & record. This is a bip problem (or muli-IOpk; ducuimrds. such as Ihe-NID _ We;" otccujrse. argue mat agencies are Onty_rgquired {0 procosc (fxl which i6 axed tr and dclete mon-resoonsive material as unrequested The prongsed reg woukd mean Ihat Ilie Board wotldd Iiave access {0 all Intormalion in a dcumem atou cevoral unrelatcd opcratons0r Cvcnts I that documcnt even mantioned the assassination 0r arhing relaled Io dl . Aqani. Ilie caniels (nsc CC: domas J Denjzminc OCi very key flo3q any ================================================== Page 26 ================================================== 14- QoooQ ADMINISTRATIVEANTERNAL USE ONLY From the Desk of Robert J. Eatinger NOTE FOR: J. Barry Harrelson DA CIA SPECIAL COLLECTIONS FROM: Robert J. Eatinger RELEASE NN FULL DATE 03/01/95 01:46.44 PM SUBJECT: Comments on proposed JFK reg Here is advance copy: OGC-95-50522 1 March 1995 MEMORANDUM FOR : Chief Historical Review Group FROM: Robert J_ Eatinger_ Jr _ Assistant General Counsel Litigation Division OGC SUBJECT : Comments on JFK Assassination Records Proposed Regulation 1 The following are my coments on the Assassination Records Review Boards proposed interpretive regulations published in the Federal Register on 8 February 1995 . 2 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. 8 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 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 regaraless Of how labeled or identifiea, that document describe report analyze , or interpret activities and events that may have led to the ADMINISTRA TIVE} INTERNAL USE ONLY bY , ================================================== Page 27 ================================================== QoooQ ADMINISTRATIVE - INTERMAL USE ONLY assassination of President John F Kennedy ; the assassination itself; and investigations Of or inquiries into the assassination_ S 1400.1 (a) This language in overbroad in two respects _ First , the phrase events that 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 be that President Kennedy was assassinated as a result of a conspiracy to 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 i8 following the 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 S 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 S 1400.2 i8 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 S7(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 Lo 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 s0 state and provide opportunity for informed comment on that application For instance , -proposed S 1400 .2 (a) includes all docunents 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 - INRERNAL USE ONLY may keep ================================================== Page 28 ================================================== 14- QoooQ ADMINISTRATIVE - INTERNMC USE ONLY 6 _ Please call me with any questions or suggestions _ Robert J Eatinger , Jr _ cc; ADMINISTRA TIVE - INTERNAL USE ONLY ================================================== Page 29 ================================================== 14-000QQ ADMINISTRATIVE - INTERNAL USE ONLY To: John N_Greer @ DCI FROM: John F. Pereira DATE: 03/02/95 05.07:45 PM SUBJECT: Re: Proposed Regs by JFK Assassination Records Review Board number of us have concerns about the broad approach in the proposed regs Among others, Bob Eatinger has written a memo 0n the subject We are preparing a formal response tor the Board, which will be sent around for comment In the meantime, have had an informal discussion with the Board s Executive Director, David Marwell, advising him of our concerns He has invited us to propose specific textual changes: The Board's deadline is 10 March: additional thoughts be welcome cc: Edmund Cohen DA DCI, J: Edwin Dietel DA DCL; Edward P Moffett@ DCI; (homas J. Benjamin @ DCI ADMINISTRATIVE - INTERNAL USE ONLY Any- would ================================================== Page 30 ================================================== 14-000QQ ADMINISTRATIVE INTERNAL USE ONLY From the Desk of Jgbn W Greer OCA NOTE FOR: Edmund Cohen DA J.Edwin Dietel @ DA John F. Pereira DA FROM: ~JohnM Greer DATE: 03,02/95 04.22.48 PM SUBJECT: Proposed by JFK Assassination Records Review Board Page and are very concerned about the overly broad reach of the proposed regulations of the JFK Board. have prepared specific comments that 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 Moffett @@ DCI Thomas J, Benjami @ DCI ADMINISTRATIVE INTERNAL USE ONLY Regs ' ================================================== Page 31 ================================================== 14-000QQ CONFIDENTIAL NOTE FOR: J. Barry Harrelson DA FROM: GlriaMBayd } 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 4 a.) non-limiting descriptor have led to the assassination" 2 reent makes uS vulnerable for capricious search demands sar 5 R.R sheu" 1400.2 Interpretation of Additional Records aJ) and b:) This relates to Agency classified resources that refer to bb 0 reasu-& the total Agency mission. well beyond the "assassination" subject identification of all such resources will require a separate effort pe< $ $ T6 uqwrti: _ requiring substantial resources. In addition it may be impossible to identify all such resources as the review effort involved Add; Vxa | Vkf '(recc{ . 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 Cuceuto available: 2o| 4 op $.l s 1400.5 Requirement That Assassintion Records Be Released In Their Entirety If &n nuidual $ Nonrelevance issue will most likely result in marked increase in minor #luemeu4 ' postponed records +he TFk Jc 1400.6 Originals and Copies awl ; Calaw kcfsg-r a.) Large portion of CIA 's JFK collection is comprised of copies A male hi s search for originals will require a massive resource commitment Cacplh There are additionally a substantial number of previously sanitized #l Ga" F.6< documents in the collections: Ale m4;ui&ua /) we 1400.7 Additional Guidance L wsll hue 4 d.) Application of this requirement may well jeopardize current Ur postponements aimed at protecting Agency personnel and sources Sonlrce 1u This requirement also implies a new generation of searches to 0avec C~olley "round-out" or to verify previous searches and retrieved material _ cc: Erp ! "may 6c 4 specific Mi S1 ================================================== Page 32 ================================================== QoooQ 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 7 March , depending on your view_ I'1l 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 ================================================== 14-QQQQQ ADMINISTRA TIVE - INTERNAL USE ONLY 9 March 1995 MEMORANDUM FOR: J: Barry Harrelson DA FROM: Jane CHeishman SUBJECT: JFK Assassination Records Proposed Regulations REFERENCE: Per your request AAnthony Frasketi concurs with the proposed regulation: cc: James J: Boney: DST Anthony_R Frasketi @ DST ADMINISTRATIVE - INTERNAL USE ONLY ================================================== Page 34 ================================================== QoooQ ADMINISTRATIVE INTERNAL USE ONLY CSI-0319/95 8 March 1995 NOTE FOR: D/ IM ADDA/IS DCI IRO DA IRO DI/IRO DO/ IRO DSET 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 Boara is 10 March, So please send me or Barry Harrelson your suggestions by cob 9 March 84_ @ELrt John Pereira Attachments ADMINISTRATIVE INTERNAL USE ONLY ================================================== Page 35 ================================================== 14-000QQ Ma _ 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 February 8 1995 _ We recognize the value of providing guidance for 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 potentially 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 ================================================== QoooQ 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 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 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_ The meaning of the phrase *all documents used--during declassification review of assassination records as well as D 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- to ================================================== Page 37 ================================================== 14-000QQ 3 _ Section 1400.5 Requirement that assassination records be released in their entirety The introductory paragraph specifies that 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 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 e sensitive information. The Board , of course, would continue to have access to the entire record . 4 Section 1400.7 Additional guidance Paragraph (a) states 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 S0 , we suggest that the text be modified to reflect this _ #no only #any ================================================== Page 38 ================================================== 14- QoooQ In the letter to David, I would add at the end Of the third paragraph: Office Of General Counsel provided some legal coments on the scope Of the definition that we ve included in the 9 attached_ In the attachment under the comments to Section 1400.1 : Atter the first sentence ending with "beyond the limits 9 established 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 congregsional intent to cover certain specific activities Rather. they should stay within the clearly articulated definitions provided by Congress This is particularly important with respect to the 0 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 9 direction that the Director of Central Intelligence protect intelligence sources and methods from unauthorized disclosure _ The ARCA provides a statutory standard for protecting or 6 pogtponing" intelligence sources ana methods" that applies to #assagsination records The standard in the ARCA restricts those sources and methods that can be protected in assassination records The Review Board 18 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 99 sources and methods but for "agsassination 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 4 identified by Congress as assassination records To do this , we believe #Our by only _ only only ================================================== Page 39 ================================================== 14- QoooQ iS Ths 2. Gek-*a / C0# 7&* In the letter to David, I would add at the end of the third paragraph: 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 m established 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 i8 particularly important with respect to the definition of "agsaggination 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 8 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" m that applies only to "assassination records The standard in the ARCA restricts those sources and methods that can be protected in asgasgination 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 6 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 4 identified by Congress as assassination records _ To do this , we believe 02fe Z&@1d < ^47 3/e/95 "Our by ================================================== Page 40 ================================================== 14-000QQ 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 D 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_ 1 additional records searches that are Of doubtful value _ The following change is suggested in paragraph (a) "activities and events that may reagonably be considered to have led to the assassination (This would be consistent with the Act. ) bs Section 1400.2 Interpretation Of additional records and information Paragraph (a) raises a question a8 to the purpose and 9 definition of additional records information_ The meaning of the phrage "all documents ~used - ~during declassification review of assassination records as well as m 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 gpecifies that #no portions of any assaggination record shall be withheld- solely on 9 grounds of non- relevance _ This appears to open the door for access to entire documents that contain information on ana ================================================== Page 41 ================================================== 14-QQQQQ 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 congider adding wording to this section that accommodates those instances when there is a need to release ample information from a document to discloge 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 (a) states records identified with respect to a particular person also includes any records for that 9 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 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 guggest that the text be modified to reflect this _ sany ================================================== Page 42 ================================================== 14-QQQQQ MAR 01 '95 12:S1PM ADMINISTRATIVE INTERNAL USB ONLY P.z 1 March 1995 MEMORANDUM FOR : John Pereira Barry Harrelgon CgI/HRa FROM ; Kathryn I, Dyer DI_ IRO SUBJECT: Comment8--ARRB Propoeed InterpretIve Regulatlong 1 I have reviewed the propoged interpretive regulations draEted by che Abbabaination Records Review Board , partIcularly che Bections addreaging the ARRB 8 Interpretation of the bcope of certaln provieione Of tne Aagabaination Recorda Collection Act _ While I have commente On a number 0f bectione there 13 one Bection In particular which raiseb Berloue concerna--princlpally 1400,2 regardlng additional information and records _ 2 J Ag pregently worded , thie aectlon Opene up 81gn1ffcant recorde which have nothing to do per be wIth the asbab8ination ana which are current- protected by varioua lawe _ Including che National gecurity Act Of 1947 , and, moreover are exempt from disclogure under the Freedom of Information Act _ For example , (a) Organizational charta of government agenciee _ (e) Recorde neceggary and sufflclent to deeeribe the che Agency' 0 : (1) Recorde policles an Bchedule8} (2) Filing eyetemg and organlzation} and (3) Scorage facilitlee and location_ Iceme (a) and (b) of thie bection 1400.2) algo pobe e1milar Problema In that (a) Include8 all documentb "ed by agenclee during thelr declabsification review _ Thie includes 211 materiale including omnlbue clabbiflcation guideg or other materials (1 e not merely thoge prepared Eor ube in the JFK review) which would Identify gensitive material acrosb the board _ Similarly item (b) includee materials "created or_ueedby agenciee in Eurtherance of their review Thls entire bectlon should at a minimum be restricted to iteme created by agencies for uBe in the asgaabination revlewe For example_ 1f the DO hae a maeter liot Of cryptonymg gome of whfch appear in JFK documents_ only the aubeet bhould be {ncluded. Generic categories Of Information which atand alone On their Own merits Ghould be omitted, ADMINISTRATIVE INTERNAL USE ONLY ly ================================================== Page 43 ================================================== 14-QQQQQ MAR 01 '95 12:52PM P.3 ADMINISTRATIVB INTBRNAL USE ONLY Racormand: Delece Icemg (a) and (e) Subpart (a) bhould be confined co documante created by agencles (vIce ubed) during their declagelfleatlon revlew _ The incluglon of generlc categoriee of Informatlon, 1.e. ehoge created Independent OE che a88ab01nation Inveatigation (e) and revlew effort appears co be a calculated effort to galn accebb co Bignizicant areaa of Intormatlon that are protected by other law3 (1.e. cLrcumventlon of the FOIA. ) If provieiong (a) and (e) are not deleted and a and b not limiced to material8 created by Or created FGohoula for 480 in Che abaag8inatlon revlew_ 1 an addltional Bection be added that appliee Eo Bectlon 1400,2 in Ite entIrety _ Thlg 0hould state that information created Independent Of che aabas81nation review Will be releaged unleba protected by other lawe, Bxecutive Ordere , and/or regulatlone_ 3 Other Commenta : 1400 .1 (a) Racomend ; Inbert the wora 0 reaaonably" between 0 may have (reagonably] lea to tbe abeag01nation_ The mere allegation that forelgn eventa or international developmente may have led Co the aaba88ination at thio polnt In time (afcer all the Invebtigatione) Bhould not brlng recorde not related to the ab3a881natlon On their face within the scope of thle act _ There ahould be an objective etandard, 1.e, reagonable pereon threghold. Otherwige agencies could be eubjected to magsive records Bearchee on 1Ittle more than whim_ The JFK abga881nation 10 the epltome of conapiracy theoriee Without a threahold standard, the door would be Opened to additional bearchee (without marit) the potential Cobta Of which coula be dignificant _ 1400.6 Originale and copies _ Racommend : (2) and (3) Add the word "available" after "the earlieet generation print (available] 0 Otherwlse no provlgion to cover aituation when earllesc generation print can 't be located . 2 ADMINISTRATIVE INTERNAL USE ONLY ================================================== Page 44 ================================================== 14-QQQQQ MR 01 '95 12*53PM P.4 ADMINISTRATIVB INTERNAL USE ONLY 1400 . 8 Implementing the ARCA Catalog of AegaggLna - cIon Recorda (COAR) Sections (a) and (c) appear to be inconeletent . Ao worded , {ormer epecifles 221 recorde eresently be llsted in COAR; latter Bection Implles not all records will be lieted, f.e requirement chat in libting One muat detezmine that the record wIll more iikely than not enhance , enrlch _ 4 . If any quebtions, pleabe call 54644 (Becure) ZntAa Kathzt I byer 3 ADMINISTRATIVE INTERNAL USE ONLY ================================================== Page 45 ================================================== 14-000QQ ADMINISTRATIVE INTERNAL USE ONLY NOTE FOR: John FPereira DCI FROM: Eldon |. Hatch_ DA @ Oci DATE: 02/21/95 02:15.20 PM SUBJECT: 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 (el, (IL (21, & (31. The schedules are classified in the agregate, filing systems and organization structures are classified in toto, and the storage facility is a Agency Records Center at a classified location. know this may not be a lot of help, but have little or no argument/comment concerning te other sections: 2 If you have any questionskcomments, please call me 0n(0683Jor note: cC: ADMINSTRATIVE - INTERNAL USE ONLY ================================================== Page 46 ================================================== 14-QQQQQ Central Intelligence Agency Washington, O.C. 20505 22 February 1995 Executive Secretarat Infomation Review Officer John F Pereira Historical REview Group Attn: Barry Harrelson Barry, Do not agree with 0t no portions of any assassination records shall be withhela from public disclosure solely on grounds of non-relevance _ 01 See Section 1400.5 . Non-relevant material should not have to be reviewed for declassification & release _ This could be a never-ending project_ Thanks for the opportunityAto_coment unice M Evans CI_ IRO ================================================== Page 47 ================================================== 14- QoooQ 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 proposea 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 6 at Sec .1400.2 _ they introduce a term additional inforation andrecords, and describe what the term includes Compare m sections 1400.3 relating to sources and 1400 4 relating to (t)ypes Of materials In the latter they have reversed 6 n1 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 ana 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 be located at , or under the control D} of _ (f) oreign governments_ See 1400 .4 (b) I have a similar concern with respect to #private 9 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 4 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) 11 documents used by government offices and agencies during their declassification review of assassination records "may ================================================== Page 48 ================================================== 14- QoooQ 5 _ 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 _ 5 _ Turning to 1400 .7 (a) the Agency should be very careful here . In HRG 8 review and release of documents _ we have often given Out an alias but protected the true name In others we have given out the true name but protected the alias or pseudo- This section seems to vitiate that effort and needs to be addressed _ 6 I have several thoughts on the non-relevant 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 _ 7 I would be pleased to discuss any of these items with you if you wish_ Gary; M. Breneman ================================================== Page 49 ================================================== 14- QoooQ 2 March 1995 Assassination Record Definition Comments Background Section: [the statement 4 search and disclosure Of records _ must go beyond the records of previous commissions _ is based on a similar statements on pages 19 & 21 of the Report to accompany S _ 3000] Section 1400.1 Interpretation Of Assassination Record (a) An assassination record includes , all records _ that may have led to the assassination_ [S.3006 states that the #Board should act on a reasonable basis in requesting additional records _ Recommend we insert D 9 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 assagsination records _ 1 and will have to be reviewed and accounted for even if we 6 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 , indices , records and other mterial that disclose cryptonyms, code names Or other identification material in assassination records _ [Section (a) is too inclusive; as written would include ANY document _ 1 book , index_ record system or other material consulted or "used" during the review regardless of relevance to JFK 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 sas well as needs clarification_ Are 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 the amendment recommended by FBI covers CIA concerns ; 4 92 6( ideally the word used: should be changed to created"] they ================================================== Page 50 ================================================== 14- QoooQ 1400.2 (continued) (b) & (c) [ Ok J (a) & (e) [add wording to identify time period for these records such as "at the time Of the assa88ination and investigationg" . ] 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 and no portions Of any assassination records shall be withheld from public disclosure solely On grounds Of non-relevance . [If this applies to an "individual 9) assassination record then there 1s 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 files under the Privacy exemption and National Security Act however_ the FBI approach to amending the regulation to deal 1 with (incidental appearance Of asga88ination material seems a better approach_ Our proposed amendment should include 3) "files as well as "records 1400.6 Originals and Copies 0 (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 . [In some cases our file copy or original is a previously sanitized copy of the document ; we may have to "certify 6 9 theses copies as the original file copy;] 1400.7 Additional dance (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 ] guit ================================================== Page 51 ================================================== 14-000QQ Issues : Non-related (36 _ 000+ pages) and OP (10 , 000 pages) material in microfilm collection The 'segregated" records statement negates our claim that 4 material in the Microfilm is non-related" We can point out that the HSCA requested, but did not review a lot of these records and that access was given to complete files even thought the request dealt with specific events or timeframes _ However , given their objective of going m1 "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 protection Of sources Approximately 25,000 pages of the Non-related material are from 201 files; the remaining 10 , 000+ pages are from organization and project files ================================================== Page 52 ================================================== 14-000QQ Io Mac To: C/HRG 'Subject: OGC ' s comments on proposed JFK regulations Bob 8 comments should be included in our response to the Board however not as he has recommended _ The Language and tone is very different and does not inserted well into existing text; I think his conments will work better as a separate paragraph or as an addendum _ Barry ================================================== Page 53 ================================================== 14-000QQ ADMINISTRA TIVE - INTERNAL USE ONLY 10 March 1995 MEMORANDUM FOR: J. Barry Harrelson OA FROM: John F. Pereira SUBJECT: JFK Assassination Records Proposed Regulations REFERENCE: 10 March 1995 MEMORANDUM FOR: John F. Pereira DA FROM: William H. McNair DO/IRO SUBJECT: JFK Assassination Records Proposed Regulations REFERENCE: CSi-0319/95, 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 agencys 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 ofagencys storage facilities are classified and release of such inforation 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 ================================================== 14-00ooo AOMINISTRATIVE - INTERNAL USE ONLY NOTE FOR: John Pereira @ DCI Barry Harrelson @ DCI FROM: Kathryn L. Dyer @ DI @ DCU DATE 03/10/95 08:13.32 AM SUBJECT: Comments re Assassination Records Review Board"s Interpretive Regulations 1. Ihave 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 JFKs assassination, eg- organization charts, records schedules, 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 0n their merits should be included This section is overty broad and inclusive. (Please see the discussion in my March memorandum ) Contrary to the proposed comment that the intent of this section is "unclear" think it is eminently clear , and that'$ te problem: think our concerns would be better served by raising in terms of scope rather than intent Also recommend against asking questions such &s "Is it the intent _?" Heck _ Would suggest wording along the lines-"As presently worded, this section would appear to include _" 35 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 I.) records on an individual when the records themselves are not relevant to the assassination inquiry, (ie. other records on the individual may bel, 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 regulations: cC: ADMINISTRA TIVE - INTERNAL USE ONLY filing = Yes! ================================================== Page 55 ================================================== QoooQ To: C/HRG Subject: OGC ' s comments on proposed JFK regulations 1) OGC submission Bob 8 coments should be included in our response to the Board_ however not as he has recommended _ The language and tone i8 very different and does not inserted well into existing text ; I think his coments will work better as a geparate paragraph or as an addendum _ 2) DI IRO Kathy' 8 coments on section 1400.2 are on target , but a little strong - I don t think the board will buy changed "used" to 6 created" Our proposed response as written_ does question the scope but not directly_ (note: The FBI proposed wording, if accepted by the board would Satisfactorily iimit the scope of this section) She does have a point in changing intent 9 to "as presently worded" On section 1400.7 , Kathy ' 8 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 9 #scope which clearly is Kathy' 8 primary concern _ Barry ================================================== Page 56 ================================================== QoooQ Mr . David Marwell Dear David, We appreciate the opportunity to conent on the Assassination Records Review Board' s proposed interpretive regulations as published in the Federal Register February 8 _ 1995. We recognize the value Of providing guidance for 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 potentially 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 8 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 ================================================== QoooQ Following are CIA 8 comments on specific sections Of the Assassination Records Review Board ' 8 interpretive regulations_ as published in the Federal Register February 8 , 1995 _ 1 Section 1400.1 Interpretation of Assassination Recora 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 18 suggested in paragraph (a) "activities and events that may_reagonably be considered_to 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 _ The meaning of the phrase sall 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 ================================================== Page 58 ================================================== QoooQ information that is only incidental to the assassination such as a passing reference to a name There i8 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 1s 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 4 Section 1400 . 7 Additional guidance Paragraph (a) states records identified with respect to a particular person also includes any records for 0 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_ *any" ================================================== Page 59 ================================================== 14- QoooQ 414 1 4 Ju "0 IU : 010 , J^AV Wuu : Federal Register Vui: 60, No: 124 Wednesday. June 28. 1995 Rules alid Rugulatious 33345 (o)ufilus section skall be completed by pacigraph (o} of this sectiou shall be dues not establish substenlve policy: Oclobur 1, 1995. completed by Oclobbr 1_ 1995. Therefore: the Secrulary ha6 delormined under 5 U.S.C 553J(B). thet public IFR Doc. 95-1579) Filatt 6-27-95. 9.#5 am) COM Incnt on tbe regulations is PAHT 1926~SAFETY AnD MCALTH unnecessary and cortrary lo tbe public BILLiNG Code 4610 * # REGULATIONS for CONSTRucTION interest: 5. Tbe buthonly cllation of subpart Z Lisl of Subjects in 34 CFR Pan 685 229 CFR Punt [9z6 is reuesed tu rcad OFPAATMENT Of EDUCATiON AdministratyVe practicc and as follows. pracedurc: Collcscs and univucsicg, Authoriry: Sccluns 6 0lul #, Occupallonal 34 Cfa Par 685 Educauaon, Loan prograrns _ education, Sazely GId Hcalth Aci, Z0 USC.655.657 AIN 1840-ACoS Reporting and recordkeeping SecscUry of Labur'$ (ddrt Nos 12-71 (J6, requirements. Student aid. Vocaltona] FR' d754}. 0-76 (41 FA' 25059). 9-8J (48 FR Willlom D. Ford Federal Dlrect Loan educeuion 35736)&r 1-30 (53 FR' Yuuj) &s #pplicablc: Program Jnd 29 CFR pn 1011 Duled: Junc 23. 1395. Scclion 1926 HUI als Issdcd under 5 AGENCY: Deparlment 6f Education. Davtd A. Lungautecher. lSC 55] ACIION: Filal Iexulatuaess Assistont Scrrlry fur Rostcerundwy Suction 1926.1103 nut Isgu0d uodc: *9 Educotion: i;S(65$& 39CFR Dant 1911. Jiso Isslted SummARY: The Secrotary ainends tbe under; U.S.C 5,3 rogulauons governing tho Walliarut D The Socrelary amends Part 605 of Srclon 1y2 !UJ through '926 1118 elsu Ford Fedural Durcct Luan Proxrani I0 Title J$ ol the Cude uf Federal Is uod under 29 L.S.C 653 add the Olfice 0f Management &nd Regulatlon6 as follows: Suctiun 1920.1128 Jlbu ejudal uuder 29 Budget (OMb) contrul number (o cortoin U.SC 053. PART 65_WILLIAMD. FORD Suclijn 1626.1145 and 1636 1147alst sucuons of the Tegulalions Those FEDERAL diaeCt LOAN PROGRAM Issucd undtr Z9 U.SC 657 srctions contain Inlormialion collectiun Sction 1926 HJU alqu Issucd under 20 requisoniun{: #ppruved by OMB The 1. Tbc authorily citallon fr pJftl 685 (JSC 65J. Secretary {eles thas Jcuon t0 inlorm the coftinues lo 0s follows: 6 Secuon 1926.4101 '> aeladed by public that these requireneusts Lave Authority: 20 U.S.C 1087a et Seq unless evising paragraph Iq) lo road a5 follows: beea #pproved, bud (heralare aliected utherwise potcd puties Iust comply kith them- 2. Scclions 605 204, 685.206. 683.209_ 5 1920.1101 Asbusiog. EFFECTiVE DATe: InlutItaluen collcction 685.21J, 685.2 1 4. 685.215, 665.J01, reyuirements 1n the tina} rexulatuonss are 685.J02, 685.30J,885.309. and 685.401 (q) Dates: (1) This standard shall eliectivd on Jul; 1. 1995. ale amended by eddlng the OMB control bocome eficctive Octobor 11 _ 159+. Foa FurthcR INFOHMA Tion CONTACT: number following the Secuul tu fead a5 (2) Thc: pFOrisions 0f 24 (FK 1426.5A Rachcl Exlolsleun. Folicy Devclopment folluws: re:ain in fl-rt #nt] ihe stan-u? dstes Dtvastull, Olfice uf Fo:tsecordery al tke ecuvalert provusions of Uals Educul:ous. U $ Dep-nmert Jf (Appiovcd by lbc Office ~l Manegement Jnd Duder( undrr Celanul numbxt I8+U 06iz) ~(undurd Exluculiun. Glo Inde Drndrue Arunue. (3;&uft Wp aales. Al: abhzaluns 6i sii' (Roen 8152. Ri Jb-#). WVasningion. (FR Du YS-13044 Flltd 6-27-+3 6 45 ~ni IMI: slu:ldald COrellt.e: 0:4 (ht 0ltcuiet [Jc . 202C2-JiOu. Tc:0[" JUlt (*02) 739- Unlnu Coo[ 40ooldi- date ExCcpl @s Iollotvs Yius Indivtduals wiJd 0*e 0 (1) Mcikods uf complance. Tlie ielCuIl UJCullu:: Levio (r Inle deaf ens:ncoring Jad werl pIncuxCe' culttuls TDD) Muy Call thc Fecclbl Inlurtuallun ASSASSINATION QeCoads RCVIEW Iequlfcd b} parjgtaph (g) of tlus scctun Servild (Tiks) Ji 1-Huu-877-43Jg BOAAD sball be: upulemerlcd by Octobrt 1 betweol 8 J.ITs anal 8 ;) m Exslen l1mo_ 1W35 Monday through Friduy 36 CFR Chjpicr Xiv (1) Flespiratory prulcction. SUPPLEMENTAHT infoamation: Final Ruspiralory prolection Tequired by for ttie !illiuln D Furd Guldanco on Interpretlng and pargraguh (h) of 4hts secuur shall bt regulations Implcmenung the Presidcnt John F: muvaded by Octobur ! _ 1995. Fedural Uirect Luan Propam were Kcnncdy Ass Jssinalion Rccords (iit) Hvglene facilities oud practices pubhshed 6r Decem ber 4,1991 (59 FR Collccuon Act 0t 1992 fr employccs Hyglence lacshtaes and 61664). Compliaucc trath iulormalicn (1) of Collecliutt reyunawcrts In these AGENCY: Assassiuution Rocord: Rntiv [racliceg roquued Ly par-gruph regulalsons Ia $ delayed urstul thosc Boord: thus Sectiun sliall be provided by Ocrobur 1_ 1995. requilenients wcre #Fjuretod by OMb ACTION: Flua) regulations. (iv) Cominuinicaxion of hazards wider lhe Papenvur( Keducudn Act of Identilicaliun. HlUl laaturs. labolg Jnd [S80 QMD approved ahc tnformation SUMMARY: These final interpretive ald aruimns required by culleetion requirellents Un Necemhcr 7. ryulaloris pruvide guidance on the jixepupind;) otdksisecuOeghilcbe 1494. Tt ose re ufe-mrnls will {hetefure interpretation of ceriain lerms iucluded pufygruph bocum +iicclivc: with Ike Other In the Presidont Jokn F Kennedy provided by October 1= 1995. Aesassination Records Collocuoni fict Ji (e) HousckecpI"S [ lousekeeping jrovi-IO$ Of (he Iegnlalons % luly 1. DIuclices Jad €Ol_trols requtressiby 1945. 1992 and on trrplementatson'of <ezjin ol the 6tatule : provisions The Iinal prGrapk (VJ ef ths Secuion shall br Waiver uf Ptoposcd Rulemnaking interprelive regulations mnole eliecutve providzOobvilliange 5 It is the praclce uf thc Secretery lo the prupuscd iralerprelive !egulullons (v) Medical feiiredt by olier inturested parties (lte opkuntulity previously published by the paragraph (In) of Whis suction shall provided by October 1, 1095 (0 commonl 0l1 prupuse 'egulauons Assassinallun Recurds Rcview [oard (v#) Tle designation [rall lg 0f HulvcVer, llic [ulblication o.OMB (Roviow Buard) 17 Revewv Bdaid compe.eIl persols [equired by control numbers IS purely lochnical and revised le prugused Interprolit0 ~4 of reud Relay und ================================================== Page 60 ================================================== Ooooo 4 9J HIL 4 4 Ju rA.L Z0: 41 040 | Annn Yuuj 33346 Federal Repister Vol: GO. No 124 Wednesdwx June 20. 1995 Rules and Regulations regu aiuns efer considering that lhis guidance will e1d in the olfices on Decembur 14, 1994, comment receivod in ond ulumeatu assembly and publlc disclosure represenlatives Ol NARA on the lurougb leslimunv &t public hearings uf the fullest possible historical record quustiun of including anilacls in thc cunvenod by the Review Board. 0n this tregedy and un subsequent scope 0l lh lerm ~assassination ECFCCTIVE QATC: Thoso mnlorprclativa investiral'ons and Wlequeries into it. record. Ancr publicatiun of tht regulationg 0/0 ollclive June 28, 19y5. The final inlerpretive regulations 9Ie proposed inlerprelive nculalions &nd intended (0 Ideuuefy compreher sIvely buloro oxpiraton of the comment Fon Fuathef ini OHMATion CONTACT: Ilte runge 0l rocords reasulably related period, thk Revew Board hcard T Jorumy Gunn; Acurg Cncral to Ule assassinelian 6t Presidan lesumony 9l 0 public hearung 6n March Counsel; Assassinallon Recurds Review Keluledy &fld investgu('OrIs underlalen 7. 1995. from ILc FBI ond f(rom several Board, 600 E Strooc, N.(V. "2ud Floor, In its ellerinalh The finel interprelive individuals and representallVes of WVeshinglon: DC 205J0, (202) 724 - resulauons ar6 elso intended to aid in pnvale organizations on their views uub8 . fax (202) 724-0457 . the consislent; ellectivc . and ullicient {egarding tbe taxt % the proposed SUPPLEMcNTARY InForMAtion: implementalion of thc JFK Act and (0 interprelive regulations 'Coples ol ell establish procedures for Including wilten comments received and Backgrouud and Stetulury Authoruly assassinalion recurds in the JFK uenscripts ofpublic (estimony O Iko The Presidunt John F. Kennedy Assassinallou Rocords Colleclion proposed Interprotive Igulslions bcrc Assassirualion Rocords Colluctiun Act of estabhshed by Congress and huused &t placud in the public toom 0l tac 1992, 44 U.S.C 2107 (as omonded) (IFK NAIA'$ (ucilily in College Parl . Ruviow Board $ officos and mnadc Act) . ostablished the Ptesident lohn F Murylulld: evailabl Ior Inspection ond copyinc by Kunnedy Assagg nation Recurds Nultcc and Comnicut ['ruccss the public upola roquesi. Collection UJFK Assassinatiun Records Tuo Kcvlewv Board At 0 public Incetirg huld ut 3 . Collcliun) at tbe N'atiotl Archives &d soucht public 1995. for Ivbich nollcu wOs liluely Kecords Adninisuatiwn (NARA) In commcllt ur its proposed mnter prelivt ectallishing 0 process fur public 'esulalcous &ld Scl 4 uuny-day petiud, published in Uhe Federal Regisler disclosure 0f all records relautrg t thla #hich ended 6n Marh 10. 1995, (or the pursuar.t t0 (hle K ovisiuus ul Ulc assassinalion; Congress CImAled an purpse of recriving wrillen comments Govemmoni In Suxshune Acl, the The Ruvicw Doard also heard lestimony Revlew [odtd cUlisidend & final dreh of independent Fecleral epenc y. thc a( public tearings on pecis ol the these interprelive regululions Thul Assassinalion Records Ravien: Hcard. propuscd iulerureure regulations In discussiun dralt uncorporated many of that consists cf live cllizens apPwinted addiuon. thc Revlew [card Sent tho cuuents recutved by te Review by tho ['resident and confinned by Itu: copies Buwd Ot the Sonale in 19c4. lJnder the JFK Act, thb of thc proposed Inlerpretive regulaliuns pronosed interpretive Kavizw Hoard IS knspolvorod (0 docide t0 agcllcles LJiuwn (0 an interest in igulalions; The Review Doard "whether A Trcord ronsultulos &n tu bu aflecled by the Revietv Doard"$ uantmously voled {0 adGpt the lext of assassinalicn record 44 U S.C work. particularly Iltoso that eilher tlse dsscussion draft as Its final 2107.7(iJ2J(A). Corgress inlendad thal crealed ur nowv tuld assasstnalion inlerprellve Iegulations Thu approvcd Iho Koview Hoird "ISSu6 gldance rOcords; &d t0 lbe appregualo oversight lcxt Is. Watb 0 lew minur cortections thul assist in anticulanng thu to commillees in Congress Tlc Ruvietv do not change the subslance, published scope Or Board also sent nolices uf the proposed lere #uiveret: 0f Jssassinalion ecords Presiclrnt Iokn F Kennody infecprelive fugulatlons and rqueSt fur Response lu Comments Assasslualiun Recurds Colltction Act of coxnmunls {0 Meny urganizJtlols and indtviduals who deunslated an Tho Kevlew Buard fuund kelpful 1992.S_ 102-320, 02d "d Interest in the Ieleasc of malerials under the thuughtiul and_ n mny CeSes, very Suco. (1492) at 21_ Ttle <c fina/ Itac JFK Act U1 Iho lwve engeged in detalled cominonts submnalted on Iilc interprelyve rzulalions, @ Proposed [Asearch inlo tllt 8Ssass allOlt of proposed Inrorprelive Iegulattons Vrrsian Uf which Wofe published at 6u FR 7506-7508 (Fcb. 8, 1995). Piusident Kernedy Nuarl} all of tbe cOfmentalors cumply The Review Bubrd Teceived written aApressed suppon fOt whal with thul mnandate. Cumments On Ulc propused interprelive characterized &s the proposod The Review Duald *$ goul in regulations from Federal agoncies. inlerpretive regulauons" Wbis gu dance !S l0 Implomont threc stale and Juca] Kovermicnt comprehensiveness and Ilexibility: All cungressional Ilent thar the JFK tntitles, and Iwenry-one pricale comments submlled wore care- tuily Cullection Cunlain "the most Idimduals and u ganizations with an studled and considerod by the Revlew compruhonsive disclsure ul records inlerust in lhu Review Huard's Wvork_ Board Submitlers made both rolated to the assJssinauon of Prusidanr Federel egencies providing ITIIIwn substantive und technical sugcostios. Keruedy. S 102-328. supra 8( 18_ comments include thc Fuderal Kureau ol Ilany o whicb Ware ucorporalod intu The Doird %$ alo mindtul ot Cungress's Insvesugalon (FFI). the Central the inlerpretive regulations 8s issued 'nstruction (hat the Board Jpply & Intellixonce Agcuicy (CIA ). NARA. Jd hord in final lor_ Thc summary below "brond blld encolupassing" wurkins the Department of Statc Stale or lucal Includes the princi subslantive detinition 0f "assaSsinalion record in rovernulerit euillles providing writtel comnents received ad the Revictv urder l0 achiove the ul assembling cOU munts Include te Dellas fexas} Board'$ rusponses thereko. the fullost historical recard on th)s County Commissioner's Court, llb Comment: Tbe Proposed language of tagic event in Amuericen history and O Dallas Counly Hlslotcal Foundation. 6 1400 1(a) !$ unduly resticlive because the investgallons thJl wvere undertaken Jnd the of Dallas Records tbe phrase ray have led t0 the in the assassinatton' < ahemath_ The Monagement Dvision ofthe Oltice of assussinatior' roquires at lejst a Botrd recogI Zes thal mnany apencies the Secrctary putenuial cousal link t0 the bejgan to Urganazu and review recards Prior l0 publacauiun of (he proposed assassination MoreOver, dcleTTlllng Tespunsive I0 Ua JFK Act even belore Mllcrprelive regulelions. thc Revlcw wbelhur there is 0 ciusal hnk tvuulal the Board was ~ppointed and begJn ils Bdurd heard (estimi/y at 0 public reajuro thle Rcview Board t0 evalate the work . Nevetthckss. the Board's AIID 1S hearing beld au tho Ravietv Isoard '$ validuy ulcompeting accounts of whal public (roin writing Fejdiug Muy have and voc tave Rep: Coue they issuing four Rcp pal gual Cuty Cuty ================================================== Page 61 ================================================== 14- QoooQ Ht 1.,1 14 | 2W? 144 042 ( Anrn 4ia Federal Register Vol. g0 , No. 124 Wednesdav. June 28, 1995 Rulos and Reculations 33347 lod tu the assesclnalion 9( Prusidert including those provided 4t thu wrillen iulunnatiun audividuals aud Kowody communts to Ule proposod ullerrlve curporsllons Usal pssess such pluterijl Response A uwnbcr ol conunculalurs mgulalluns bvun _( not obtaiued 6rom 6ouCus put forwurd cllicisus along thuso Inos umnlent: Seclion 1400 2la) 1s vague idelltilied in [araxraphs (0) thnugh (0) Soine uf these commentators sugcested and ovorly Iruad in dscribing (be scupe tereul, ad should spocifically Includc tbat somia {orm 0i J ~ruj sonably rclaled' ol additiunal records Jnd Iufunux Junl Ifdtnduale #nd coqoratiuns that slondard b Gubsuuled for tho 'njay Ilespunsc' Tlc ReVsew Euard Iuas cuntlraclud (0 providu goods or scrvices have led to" language: while oUhers edded languape Io clarily Uat te (0 the Govenuent_ suSgestcd altcmative forulations (e & . pupose 0/ requesling addiuonal records Hesponse: Tlte Rovow Board has "that may sbed Jighl On the and inlorznati( undar $ 1400.2(e) is to addleai paragranl (0 t0 this secuon in axeassination"|: In adoptang end idedlify. evalualu, or Inlorprct response {0 (heco commcnts. The cvontually applying a reosonably assassinalion recurds, Iclud tg Rcview Dvard hus cuucluded that. in relaled" standard, tho Roview Doard as6assination Iecords Uiat ruay nol view of parogroph (0, speafcelly does not scok to endorse or reject auy iwilially have been 'dent liod 0s such by 'duntilying govemment contaclors or Particular lhcory 0l the assassinalion of an ag6ncy Tho Review Hoard also has other privata persans would be President Kenuedy. although such addod laoguuga tU indicale tltet it uneceseary end [odundant: Uucorits Iuay inforni (ho Review Buard's iuleuds lu inplerrent this 6ocuon Comment NARA contendud tbet soarch lor records roasonably relaled to through writlen requests slgned by IIS 5 1400.4 should not includu artilacts tho assasslnation &nd investigatious into Execulive Director_ The Rcvlew Boan] amiong tho types of materlels included it. The Keview Board beluvus thot conlernplates bhat, wuth rogard Io such In the tor record Truating arlilacts 6 1400.1(0). as now wordud. advances icquesls, Its Sla(f will work closely wnh 0s * records would 6o contary lo Uadt ellun and xill promiolo 8 Consistent entilies-lo which such requests arc NARA'9 accustomed practice and Lbe broad interprlaliuli and addrussod (0 implement te JFK Aci u6eg0 ul tbe lcnn 'records in oUler uf te [FK Act: ulloclivoly elficiently: j0as 0l Federal records law @d would ineluuenaiith The proposud language of Cumment: Tho scope 0f eddtional resuht (n substanuial praclicol S 1400.I(a) is tuo broad end opon ended: rocordz Ond inlornation shuuld d fficulties- moru specifc nexus I0 tho specilically iuclude records uld Hespunsc: The Ruview Board hus assassination of Prusidont Konncdy inlonnation Ihal: carolully cousidcred NARA '$ objectiuns should bu requirod. Io Ue jiclusion ol arlfacts as records, Response. As Ils lext #41d Irgislative ~duscribe egoncies' melhads of but decided tat tbIs Inclusiun is history meku clear, the FFFK Aci sarching ior rccords: nelessary tu achievo te purposes of tho conterpletes tbat Wbe Rcview Board ~doscribe reclussificiliou, trausfer. JFK Acl: The Rovjew Board noles thal oxtond il9 search for rrlcvant records destruction, ur uther disposllion o ertilacts tat bocamu cxhibits t0 thu buyond what has bxn comjlud o rocurds; ur proceedings of the Wurteu Coinnuuaslon rovlowod by previous invesugallolts I( do not consfituite: assassination bave tuen (n the custody uf NARA. is inuvllublo, thorefure. that thc Rencw recurds. but have thc polenliul tu aud decided that tboso artifacts shuuld Dojd must excicise judgment in enhance, enrich, Jud] (ututalen Allt rumain in the JFK Assassinalion Rezords detemiuning wluthar such records histurical record uf thu Jssssinutlon: Collection: Tbe Revicw Hoard turther constitute: assjssinalion {acords The Responsc; To the extent that the hultuvus tbut Uc unJque issles ol public Review Bojrd regarde irs "rcasonably Illclusiun of IULOds ond' inlrmation of trusi and credibilily U goverumeut relatca standaid d5 sullicicu (0 tllsut tho EYpuz Joscribed wjuld aSSISt the: Prucesses that prompled onaciment of thal agcncIcs ard not overburdened with Reviewv Board in meeting its the JFK Act require tbal arulacts be Identafyus and reviewing recurds thal, Tespunsibilllics under th IFK Act; the sncluded within tha JFK Assassinalion ffadded [0 the JFK Asenssinaliclt Revielv Board hns ado[lad thc suBzestcd Rocords Collectun. Tho strong suppOrt Kocoids Colleclion. wuuld =ot advanco lngujge tbat commcnting memnbers ol dhe publu tho purpuses O tbe JFK Act Comment Tle scope 6f guve to tbis position reinforccs tlis Cumnteut Secton 140u 1 should d-SJSSMlutiun ccords under $ [J00 conclusion. Thu Kovietv Bojrd mncludeal specfically Include as ass8ssinatiol) and "addutional records _fd mn Is proposea rrgulauons. and retained rocurds any records penbining to infOt matiut Wlder $ 1400.2 shuulal uol In 9 1400.70b)-(c) of tho finol Danicularly Idvutilitd individuals, ettend to slate and local guvunmeni or interpretive regulutows; lauguage unguntzullons. cvetts etc t0 pr vate Iecords thJr Aro nul in the intended (0 addless NARA $ congurns Kesponse: The Revlew Doard pussessiou: 0f (lie Fedural KUtermment: about potentiel copying requiremerls doternined that, I" almost ovely C9St_ Kesponse The Ietadwv Bojrd alld presurvulion issule: IflJle (0 Ule tvpes uf records comnmentalors considered such comments caretulli; arilacls. sought (0 &ddl tver already dquately bul concluded thal the lerms of the JFK Comment: Section 1400.5 slould bc covured by $ 1400.1 &s proposed, Act prcclude the narrower Iead g at 'udiliod Iu allow agencies (o wilhhold Accordingly, the Revlew Dojrd dechned Uic Kevicw Buurd $ ff:-punsbllies trm the JFK Assassination Record: to Ificlude Tecords Or record groups &l urged by such cumMlelts. Secuon Collyclion malerial that IS not tolated to the luvol of specilicily urzed by these 1+00.6 allows the Kevlelv Board_ I Mts the essussination ol Prosident Kenncdy. cummontalors txr Atse doing ,0 rt'ght distetion, to accept fuple < in liet of oven tough = oppoars in & Fecord that limit thc scofu ul tho Intct @lclive orig,nal< The Roviett Dodrd believes cuntjins Olher malcrial that IS relalbd (0 Teculalions as epplted uitislly Ly ulhcr that this Ilexibility addresses the the ussassination o President Kennedy- Jgcncius. Or Otbenvise Inlight prove concerns Jl some COM mentalors abour Response: It nmams the intent ut this duplicutive Or Confusing Howuver, thu the rmuval uf Or1gnal [rurds already sction 10 Inake: cluar lu agencies that, #8 Revielv Moard Welrornc $ ;nd encoureses houscd_ (or example, an} <alu or local a rule, entue racords, not parls suggestiuns frunt the public v lo archives thereol, arc {0 becomlo pari Dl the jFK" specilic Tecords or !ecord &1oups lhal Cummctt: Sccuon 1440.3 should Assassinalion Racords Collection: The may cOunSIIlule Jssas-ination records, include as SOUIcs 0l #ssassinallon purpose 0f requiring thel records be and intends [0 pursue such leads, records and additionsl records and produced In thcir enriraly is to Onsuru and lonx ond ================================================== Page 62 ================================================== 14- QoooQ i: 21 JJ ItL 1 4 . J4 r4. Zu: ' :1 U43 , AnAV YJuuJ 33348 Federal Registcr Vol: 60, No. 124 Wednesday, June 28, 1995 Rules &nd Regulations tbat thc conloxt nd inlegr)ly af the tc FFK AssassunalJot Records with tbe intent and purpoces of thr JFK records ba pruservad. Oity In rare Collectiun Act: Instancas will tho Roviow Board assent Scctiun by Section Analysis Originals ond Copics _ Iu withbholding parlicular Inlormation within 91 BSSASSInalIon rocord 0n the Scope 0f Assassmnation Hecord Exlcnsive cbauges Iure Ilado lo gound ,that such Infurnation I6 not As discussed abuve wIlh rugard to tbe S 1400.6 lur reasons ol clarity and rolovart lo thu @ssassInaliuu. Socuon public comments. subperosrepb (e) of intemal cOlteuslency_ Tbe Review Dourd 14uU.5 has been modified I0 clarify that, 5 1400.1 has buou inudilied 10 adupl j slso Iicorporaled in the final eltbough tue Review Board niJy ellow "rcasonably roluted slondard &nd tte ulerPretive rerulutions langujge tbis praclice in extreordinery ter "Catalog of Assassination Records' clarilying Wet 'ncord coples of clrcunslercus, Iluls datenninetion is bas been replaced with "Notice of Federel egency records moy be included witbin the sole directiun O[ tho Renew Assassination Record Dclernation " in In (he JFK Assassinalton Kecords Board: subparagreph (J(3) Tho (inal Cullectiun dld addressiog Ue imponant Comment: Tho discussion of originals !lerpretive Tegulattons also incorporete issue 0[ preservallon rcquirements In ond copias In $ 1400.6 is, in voriuus suNGestod (ochnical changes. includlitg Wbis rcspect; (be Revieev DJoard sought (0 (reat recards in various niedia !II 4 respects, Wjcloar and Con edits for cleilicutiou *1d revisiun of Hcsponse: The Review Board made this stclion's lille t0 male It raore Inoans appropriale to lbe unlque extonsive changos {0 thle cection lp precise: cbaracteristics of uach medium: addross thase concems and (0 Jchieve Additional Guidaricc Graler internal consistoncy: The Revietv Scope of Additionol Records and Information In the light of comments reccived, tle Board'& Intent In Whts sclion is (0 Review Board oxtensively revised expruss Ils suong prelerence lor Thu (Ille 0f 5 140U.2 W8s revised to $ 1400.7 . as jt including original records in tho JFK conlOr (0 the notv title ul $ 1400.1. Suhjragraph (d); Assassinullon Records Cullectium. bul Addszional odiling choncos wcrc madc appearod Jn the Proposed interprctlve also its understanding (bat; for 0 Voriuly for clanry A Mibw subpart (G) was added regulations, bocn brokun Into tuuu 0l reasons, thoro muy be siluetions lu subparagraph (&) and J now subparegraphs _nerv subpuregraphs (d). wbor a copy instead ol lhe Originul o subparograpb (0 wa6 udded efter (e); &nd (0)"to avold potontiel confustor considerduon 0f coinaionts thal noted und t0 add The intent of Ulesc EJI aSSassinaliun record may be mure: subparagraph; 1s Io mako clcor that all eppropriule for Inclusion in the te polenubl exclusiun ol certain liles on an Indindua). ovent, Collection: alerores Irom tlte scope of this Secton in rho proposcd inlerprelive regulallons uranizalton Or ectivity are lo be madc Comment: Scction 1400.6 should bo available (0 the Roviow Board regerdless clarificd 4s t0 whether rcurd cupics' Tho Roview Boerd has added ladgunge of the labuls on tho files, where te ol Fodoral &gncy may bc included In In Ihe liual interpretive rewlatlons I0 records may bu lound. Or whether the JFK Assassination Records clarily that tho purpose ofthis sectlon rlect tho true name or identifier uf thc Collection. IS l0 uid in identifying; cvaluating or Interpreting ass8ssination records, individual, cvent orxunization . Or Hesponse: The Keviet Boar has activity: modiflied $ 1+00.bla)(1) to clarify tbet including assassinatton records thal Subparagraphs (b) and (c) $ 1400.7 the Roviow Boald mey dolerinine tHal Mdy 40l idilially lave Urh: IdeuuGued Ivere included In thu proposud rycord copics Inay be Included i# tte by Q' gguucy_ Thc Kevicwv Buwd also inkerpretive regulation6 and rotained in Colloc(iun. has added lulguage to Suggest thet , Wbo linal inlerpretivc rogulellons in Comment: The Calalog of inleulds lo impletnent thIs sccton urder t0 bddtss COllCorns uxpresscd by Assassinaliun Records (COAR) Uuuugh wntlen requests egned by (he NARA [egarding the inclusion of describrd In $ 1400 H should consist of, Renew Board'$ Exocurive Director: arltfacls In the scope of Wbe mulerial or be replaced by. Ihe database and Sources 0f Assassination Aecards and deemed "assaasination records: Ry finding alds prepared by the Fedcral Additiunal Records und Information including tese subparegraphs; the" agencles In possession of assassinalion A new subparagraph (8) was added lo Review Doard wishes t0 make fl cldar records. 6 1400.3 aller consideration of that it believes the JFK Acl establshes Resporsa" Thls and other comtnenls corients noting the polenual unique slandads 06 I0 tho records t0 be ~ccived rexarding Ule pruposed exclusion 0f records creJled by ncluded in tho JFK Assagsinauon $ 1400.8 indicated sonia confusiun as tu Records Collecuon: Dy including udavdual: Or corporalions Ur obtained the Inlerl and @paralion of thle irom sources other than those ebready ertilacts &s & Iyp of assossination mochanisiu eslablshud in this scction identified in Ule preriuus Trcord, tha: Ravow Bourd Seeks tu For this reason _ tho Ruvicwv Board fulfll Is mandatu fronte Cungress lu docided to replacu tho term "Calalog &l subpuragropbs asserble all malerials reasunably Assassinution Records with thc (erin Types 0f Molerials Included in Scope @) related to Ule assassination 4n the JFK ~Nutice &f AssJssinalion Record Assassinallon Record and Additional Assassination Records Collection: [t is Determinallou (NARDI. Jd (0 redralt Hecords und Injormation nI Inlundud thal the inclusion here 0f ths SUC({ou (U clarily the Roviow No subslantave change has been mede arbilzcts f1 puposes Of iurpleinenuing Board $ intant to Isc: the NARD (0 $ 1400.4 us it appeted iu Uic thc FFK Acl should bc Cunstued (0 mechanIsmn simiply t0 dOcuniclt the proposed interpretive regulatlons affect the !mplemenlalioll oluther Revew Board*s Ongoing delorminotons racords laws. Subparegraph Ic) ic that, In addllion (J rtCords uxplicitly Ieuirement 'Thut Assassination Ilended Q0 onsure Uhat all artilacts 4' exumeraled IJ Ilic JFK Aci a5 Hecords be Ieleased Jn Their Entirety the collectiun ae presemvud Jor poslerily assjssinatlon records (c $ Iccords Languuge bas huert addedl Io $ 1400.5 ad tat jccess bo provided (0 revewed by the HISCA) & identified b; lo pernit thu Rovlelv Isoard in ils sole Ilosc JnlJcts III a [lanner consislent Feduro} dRencles in their own scarches; diScILliu1, Lu allute !eleese Ul Ouly pert wilh thet prucervntion_ The Reviewv coraln Olher records alo are uf an Jssasain tion recurd where such Bojrd cncourages NARA to Set out 1n assasSinJuOn rorurds t0 be Includod in partial rclnatr I< suflcicnl 10 comply WTIlIfg the lerre: jJld COlldilions unlder fusing: has clanty. they public ================================================== Page 63 ================================================== 14- QoooQ '1 95 Thl [.53 FA.l 2ur 724 0457 ARKB Iuu6 Federal Registcr Vol: 60, No. 124 1 Wednesday. Juno 28,. 1995 Rulcs and Rcgullions- 33349 which eccess lo such nalenals shall he CHAPTEA Xiv__ASSASSINATION (including but not limilod t0 tbosa that ellowel recorOS review BOARD dieclose oSengReonynai; codo names, Or othor, tbat appear.in . Inijdenenting Lte: JFK Act-_Nollce' 0 PAAT 1400 GUIDANCE For assassination records) thet the Hecords Dternunation INTERPAETATioN AND Askossination Racords Review Hoarel Assassuatiun IMPLEMENTATION Of THE (Review Haard) tns ^ masonable basis to PaESIDENt JOHN F_KENNEDY:: balieve moy consiitute @ @9gassination Tbo Revicw BSoard bes repluccd thu ASSASSINATION Records Iecord or would assist in the (orn "Calalos' ol Assessination Rccords COLLECTION ACT OF 1992 (JFK AcT) identibcalion. evaluauon or that oppeated 1n the proposed: Interprulauon of an assassioaton _ iolerprelive Ivzultions and rdnled Scc: record: The Roview-Board wi)l identify 1400.1 0l assussinaliou Iecord 5 1400.8 t0 clarify Ue Revew Board'$ 1400.2 Scope o addltional ncords ad in writing thase rcords and othcr Inlont: In the final inlerprulive iulumatlon matorials it ittends tD Gcek undur thjs Iegulations, thc Kcviow board 1400.3 Swurces ul assaSsloatlun Iccords and secuon substitulb the {crm NARD for prior add ttonal necords dd Ipfomotlon. () All uainlng manuals. instructional raferoncos (o 0 "calalog:' 1400.4 Typrs of malerlals Included Lp scopc malerials, &od guideliues crebled or of assasslablluu Tecurd &nd addluopal used by Whu JGunciuc In (urthoranco of Trca)ras: and] Anlorinatlon. tltulr fovlow of asassination rcurds_ Paprrworl Reducuon Act Statement. 1400.5 Requlreizlent tbel OssbSslnation. (c) Al tocords. lists; uud doculenls Tecords be releuxrd [D Whelr enUrely-- descriling Wbe procedure by wtuch Iho The feGulation is nol subject to Ulic 1400.6 Orlyunals and cples: eGencies iduuliiud or goloclod provisions ol Ule Puperwork Rcductiuts 1400.7 Addillnal guxdubce: occossinouon rccords [or reviow. 1400.8 Implemenuny the JFK Aci_Nolice Act ol I9u0 (41 U.S.C. J501 et seq:) of Assbg9ination Record Uusignegion (d) Ongenizational charts of bocauce I dous t0 contain any Authoriry: 44 U.S.C 2107 sovumunt egeucies. mnlornaUull cullecltult Icqucilleuls (0) Records necegsary and suficient to within Ue meaning of 44 U.S.C_ 5 1400.1 Scopo o1 ouuugslnuuon rocord:? Jescrbe Whe ageucy' s: 350z(4). (0) An ossussinulion Tucord ancludes, (1) Records policies Anal schrduls; bul is nor limited t0. ell ezurds. public (2) Filing syslems aud nafaritana; ; tid privule; Iegurdless uf huw lebeled ur (31 Storagc facilitles and Kegulalory Flcxibihtv Acl Ccnificallun (4) Lidexug symnbols. marks, codos iduutilied; tluul uUulleut; Uuscribe, Instuctions, Guidolino6, mothodb. and reporl 0n, Ultalyzc or IIllerpret aculles, procedues; As rquired by tbe Regulatory persorts. Or cVcIils reisunjbly relaled (0 (5) Search mothods and proccdures Flexibility Act 0[ 1yUu (RFAJ 5 U.S.C: the JSSasSsnallor 0f President lohu F u60d in tho parlormanco of thc ugercles 601-612), thu Board cortlfios hat this Kcnnedy end Investgalions 0/ or dulies under tho JFK Acl: and mule, A[ adopled, Wall nol huve # inqiries _ into the assassination: (6) Reclassi Dcation to & higher level, signi ficant economic impact on & An ussussinuliur recuid futller tanslcr, destructon, or othcr bubstanlia/ number of small unt tles ard Ircludes, withuut linullaliou: Information theft) regarding tho tbat, thercloro_ 4 rugulatory fluxbibty (1) All records &s deiined In Section slalus Of assassiriauon records. analysis Iced not be prpared: 5 U.S.C. 3(2) olthu JFK Act, (0 Any other record that doos not (all 805(b). The_proposod rule would nOl (2) All {ecords Collected by or withln lbe Scopo of assassinalion record Impose any ublgallons, including enty segresated hy all Federal, 6lalo. ana a5 duecribod 1n 1400 1, but which oblixations O1 small entuties," 05 Sel lucal guvornmcnt egencios 1n the potentlel t0 enhunce, enrich; and fonh mn 5 U SC 6u2(J) of the conjunction with any inveslgaliun or broaden the historical record ol the analysis of or inquiry inlu the assassinalion. Regulatory Flexbilty Act. Or within the assassination 0l ['resident Kennedy (lur dofinition ol small businass. as fourd examnple, Jny Intra-igcncy Investigallon 5 14ou.J Sourcog Of dogog3nuton recordy In 15 (S( 6.2,0r wittin the Small ur analysts uf ur Inqu"Y Mlu the Jnd addlllon: rocorda ond Inlonouun: Rusinkss Size Stanard< 1 regulalious dssussinaliunl: @nY itlalagency Assassination records Jud Jddtlonal issued by the Smell Dusiness cuinuwticatiou regarding Uic ecolds and inlonuutiult Iay be luculed Adminislralion and cudified in 13 CFR ssassinallol. JlY fequesi by tlu: House 0l, Ur uuUer (lle cUluul u, witluut Pat 121. Solecr Commitlce 0# Assaseinallons (0 litniluliuu: collect documents and other materials: (a) Agoncius; oihces. and untitios ol Heview by OMIU or any inter- 0r intra-agency collection the execullug Jegslative. @ud judiciel Ur scgrgjlion uf ducuMllellts and uther bruuchas O[ tllo Federul Guveniucut; malunals): @U) Agencios: oflices, and entitics of This regulalian has hxon eviewed by (3) Other record: Or #owps ol rucords tie execulive. legislutive. and gudical OMR uudcr Exrcuner Ordcr 12x6;. listed in the Nolice of Assassinalion branches of stale ad local govemmcnls: Record Designalion. as described in (c) Recurd repusalorses and arcluves of List ol Subjects in 30 (FK Part 1400 S 1400.8 of ts chapler Fadoral, 6rta, and local Govornmants. including presidentiel libraries; 5 1400.2 Scope 0/ addittonal rocords ad (d) Record rcpustlorles and archives Administalive praclice and Inloratlon uf univursitics. hbrarius. bsloricul prucuduru. AfEaeus and ecords Thu terni additwunul rcCurds and socibiius, 6ud other sumalar Injorinaton !cludes Oryanizeuons. Arcordinglv. #ne 'bview Ranrod l-r-by (0) All dOcumnetts used by ic) Individuals who posscss such ~stablishes J Hl:i# ctipier XIV iu litle Jt Suvcriutcn( oilices erd agencies duqing rcurds by virtuc ol servicc with J oftho Cude of Federal Regulstions {6 Uelr dcclussficatlon relew uf govcrnmcnt agcncy: offce. or cnlity: read 0: follcw: JEc@ESInallon recurds Js well as all olher (0) Persons. including individuak Jnd ducunielts. indices. &d Olher matoriel corporations. who have obtalned suct Scope (e€ - has ================================================== Page 64 ================================================== 14-00ooo Uuu7 12.21 95 Tl" 1.54 FA[ 202 724 0457 ARRB 33350 Federal Kegister Vul: 60, No. 124 Wodnesday. June 28. 1995 Kulcs ad Ruxulations rcords {rol suurces identlflod i1 Renew Board may dulorinine thal 0 (rue 'copics 0f assassitiation records paravraphe (0) througb (0) of tbls and eccwralo cOpy of a rcord in lieu of containod in tha JFK Assussination coction. the Original mey bo placed in tbe JFK Rccords Collectun ere nOt also (8) Fersons, Includung individuals &nd Assasslnatiun Recardls Collection; essassinalion nrords Wbar; 8t the Rcview corporatons, wto heve Uhamsolves (J) In tbe case of phatogrephs; the Board '$ discelion. Wlay elso be placed ceatod or bavo obluired 6uch recurds origipal nogative. whenever availebl in the JFK Assessinallon Records Irom sources oer Whan thuse iclontified (otberwise. the earlicsl generation print Colloctivn: in paragrepbs (a) through (&) o tis tbat is e Uue and accurate copy) may bc (0 Notbing In tbis seclion shall be secujon; Placed in tho IFK Assassination Rocords interpreled to preven{ or lo preclude (b) Fuderal. stale. and ocal couts Collecuion: coples uf eny electonic assassination wbero such recordo are being hcld (4) In te casa of miotion plctwes, tho Tecords Grom rofornattod udur erul: or camera onginal. whenuver aveilable electuntcally in ordor I0 conforin t0 (i) Fureign &ovemnents: (othorwise. the carllost generetion print dillerunt hardward andlur coftwaro tbat is @ Inie and accurale copy); moy be ruyuircmants Of audiovieual or machina 5 1400.4 Typas 0( mjlorlds Inctudud In In the JFK Assacsination Rccords readable formats uf such is Wu {Cop0 0l aE5 Joalnutkon rocord j00 Eoifedion; ndttkondl mcordv md Inlomadon: prolessiona) judgnent of Lhd Netional (5) In the caSc: of solnd end viduo Archivos and Records Administation. Thc Icrn necord ill assussination Icord and uddionul records ond Dcordinge, tha Original recording 6 1400.7 Addttlonal guldanea: whenever avallable (othorwiso. te inforination includes: for purposus of earliest generation Copy that Ig 0 Urue (0) A government agercy. olfice. Or intorpreling and itplontenung the JFK: and accurele copy). may bu placed in mcludes, (or puposes ol Act: the JFK Assassination Rocords intcrproting and inxpl-menting the JFK (u) popors. Maps. ulld Olher Collecton; Acl, ell current. [mst, ind fonnor documontary mulerial; (6) In the casa &f mackhine-roadabl departrdants, egeuicios. ollices (6) photograpbs; iriormation. 0 tme and accurale copy of divisions; forigu oflices, bumus; and molion pic(urcs; the orignal (duplcativg all Inlonnatiod doliberative bodles ul any Federal, atate. d) suund ond vidvo recordings; contained in the Original and in & tonnat Or local govurunent ind Includes all (0) machine rejdoblc information Il lom _ und that pumits rerievel of thu Jntor- Or intru-"gency working groups. 0n oriifacn infasrmetion). may be placod in the JFK comnmitteas, uud meolings that poscess Asenssination Records Collccton, end or ciealtad recurdg relating to the 514405 Aequlremunl that assusalnatlon (7) In {he rsy o arufacts. Lhe oruginol a6eassinarion ul Prosidunt John F. rocords bo reledsed In thelr anUroty. objucts themsolvus Inay bu placod in Whe Kemnedy: An assacsination rocord shall be FFK AssaSSlalion Records Colloction. () The inclusion 0f anlfacts In the mleased in its entiroly cxcept lur (b) Tu tie exteltt records foresgn SCupu of Wbe (ernt ussassination Iocord Is poruons speaficolly posiponed govemuunls 8re ificluded I. (he JFK understood (0 epply solely to tho JFK pursuant t0 thu grounds for Assussinalion Records Colluction. Assasgination Records Collection and to postponemient 0l public disclosute of cupius of the onsinal records shall be Implernent (ully tho tormns of Uhe JFK rcords established in $ 2107.6 of the sufficiont lor Inclusion In the colloctiun Aci and hos JIO dtrect 0r Indirect boaring JK aud no portior of (c) In cases where 7 cpy. 8s delined on the interprelalon or injplementation assassinalion Tecord shal! bu withheld in paragrapb (a) uf lhis section, !s ofany ohor stalure Or regulation: {on public disclosure solaly an Juthorized by the Revue:w Board to be (c) Whanover arUlucls &r0 includud in guunds o/ nOn-relevanco unless. !n tha sncluded In tho [FK Assassinaton tho JFK Assassinatfou Records Rcvolv Buurd'$ solc discretion. Tlaaso Rucords Colluction. the Review Board Collccuon. it shall bo sufliciont t0 of pert of & Fecord is sulficicnt to Itay reyuire that A copy he Lerfied iI. comply wilh the JFK Act f the pubhc cnply wiuh llc inlent and [IIrpuSes of II} its discrullon, :t dalusmincs ? is providod accu6s IU pholographs. Ic FFX Act cerilicauon to tx nacessery t0 ensure drawings. or sumilar maleriels Jupicting Iho integtuty ol the JFK AssussInalion thc artlfacls Additiornal display o or 51450.6 Origlnuls and coples Kecords Collecton WI cases wherc j0) cxamination by Ule public 0f ur(llacts In (e) For purpuses &l delerwning orygital, a5 delined in paregraph (0) ol the [FK Assassiuation Records whether Originals Or coples of this sction, I6 reyuired lor inclucion in Collection 6hull ucur under tho terms assaebinatiun Tecords WIll bo mnade part Iha JFK Assassiuation Recurds and conditiurs e6teblisbed by Ua of te Prusident Johu F. Kennedy Clleclion: tbe Roview Board may. Jt ils National Archivos and Records Assussinarion Records Colleclon (JFK discteliun, JcCepl Ue bast available AdmiuisUation IO ensuro thetr Assussinalion Rucords Collection) copy- In such cases thal records prescrvalion and proteclion (or established under tbe JFK Act; the itcluded in the JFK Assassination pusleruly. shall epply" Records Collectiou; whclber originals or (d) The (6nus &nd Or, any. all, and the (1) In cosc 01 papers. Inaps. ud coplec, contain Illegible ponions, such plurul u1d silgulur forms 0f nouns stall Other documentary malenjls. Ue records sball attached therelo & be understuud i1 their_broadest and Revluw Woard moy dcteriniue Utal cerilied tanscriplion J the illcgble Iust illusive €onge and sball not be rucord cupIoe 0l gOvemineut Tecords. I0 (hc extunl practl _ble: underslood (0 bo tenIs 0f limilatiOlL either the sigled origitul; original langy;a For purposus of implementing te (e) Unloss Uie Review [oard in ils sole productiun or j repruduction that has FFK Acl, tbe lurmi copy mluens 8 (nue @ndl dtscretion directs utlerwisc, rOCords been tbated JS Ilo official rocorad accurale phulocupy duplcetion by J that &e Iduntilied wath respect (U a malntainled t0 chroniclu Kovemmeni Wtbans ajpropriale to ttie mediuni ofthe pancular person shall Include all functiuns Or actintles. may tw: [Anced II' uriginal rucord thal preserves Jnd records ruluting 0 UhJl person that us tho IFK Assassinallon Rertds disflays the inlegrily of Uac [ccord Jnd ur rolecl 4e INue name Ur JY uther Collccton; #He inio!utlOt conte ftd 4n !. nalie, pboudonyn. codeword, synibol (2) In Ue cjsu Ol Othcr papers. Maps_ (~) Nuthitg in this scction shall iv nullkI, Clyploryni, Or Oltas Uscd to a1d Otkcr docuncnlary malcnal: !06 Ille!p:Olud t0 SUEKUSl thbt addlllonul ideutify thet persul any boiog entily from Ac, any [olleving havc ================================================== Page 65 ================================================== 14-000QQ 33 IIL 04.33 MA.[ :U : 121 U43 ' ARhb 1iuus Fedcral Resisler Vol. 60, No `124 WVadnesdayy June 28, 1995 Rules aud Regulatlons 33351 Ualess the Review Board J4 its sole SuppLementaAy informaTiON: nutice of proposed rulemakung (NPR) (0 otherwisc , records (or tho Slate of Maine- The NPR Jiectelion durecls the Keviel Board Need for Currectiun proposed extending the attainment that 0re Identslod by operatiol or As pullished, Uhue linal rule Euntains deadline or Ozonu for Hancock and with ruspuct (u a partlculor one error which may prove (0 be Ivaldo Cuunules. and uskod for program shallnclude &ll recurds: mtsleadmg end 1s !n nebd of correction. coinment: No Cumilleuils Were Tecciced_ poriaining {0 thut prugran by &549 Otiser nane, yIn , coduwurd, symnbol, Correcliun uf Publicaliun CAA Requtrements and EPA Actions number. Or crYplonym Accordingly: the publication un Concering Designation and 1400.0 Implemonting tha JFK Acl Friduy; April 7, 1995 (0( FR 17639) o Classilicatiun Notice 0/ AneJsJinauan Record the final reguletion: FK Doc: ,95-8599, Soclion 107(d)y) ol tte Clean Aur Act Daslgnatlon: lor Natiunai CopIlal Rcgiun, is correctcd as amended in 1990 (CAA) raquired the () A Notice of Assassinalion Record 0s jollowvs. Stetes and EPA t0 designele breas as Designation (NARDI sball be Lbe In We FR Doc: 95-4599. JpPearing on attainment, nonallainment. Ur nlechanIsm (or tha Review Doard {0 Doso 17649 in Ihe issue 0/ Fridey: April uuclassifiable fOr uzOrIU a8 wull J3 Othal' announce pullicly its delerminetion 1995.the words "{he introduclory pollutante for which net'onal ambient_ thal 4 recurd Ur gruup uf rcurds Illcvls texl ul" Ieed Iu be 8dded aller Uhe Igord air quallly 6lendards (NAAQSI have deliuitton 0f assassinalion recurds "revasing Ibat appears In the first been set. Section 181(0J( L) (table 1) th fd-ioticoojaldNARDatom ic columin; begining on tho ninth line. requitud that Oz0nc nonaltainmcT t #reds published in the Federal Register Ibich now reads 2. Seclion 7.96 is be classified as marginal, nloderate_ wthin J0 days of tbe decision l0 amended by Ievising pJragraph (k)(2) t serious. s0vero, Or extrelte, dependeng Jesignale such records Js assassination read as follolvs: 1S cOrtuctud I0 read "2 on their air qualitueral records. Soclion 7.98 is amended by revising the In a series of Rcgislcr nolices _ Ic) In drterinining !o designatr surh intoduclory text ol puragraph (kJ(2) 62 FPA complhled this Procxss bv Tecurds J$ aSsJssilliliuft records Uic reai a$ followvsz designatung and classifyug ull eeas of Revicw Board Inuel dulomiiru lhat thu Datedl: June 22, 1945 tho cuunty tur Ozunc: Sev. &8 56 FR {ucord ur group o recod will molo Rick Galt:. 5uc9+ (Nov. G; 1991); 57 FR 5C762 (Nuv_ lilcly thalt Ilul cuhdlco. eurich, dnd Actiiues Diveston 30. 1992); 59 FR 18967 (April 21, 1944) brojded Ul kistorical record 0l tlle Chie). Hang?r Aeas deslgrluled nonall-Inent fr IFK Cxxc. 95-15741 Filed6-21-45.8.45 Ju] uzone aru required to rtcll #lIMIIItiICDi 0ss85sina(iuI. bLLOIG Code 4j1o70 p dalus Spuciled unidor thu Acl For Brujs [lalad: Junc 22_ 1$nS classiliud manginal through uxtrenie: tha David € Moxwcl), attalnment dates rangu (roru November Enecuure Dircclor Assussinullun Fccursls ENViaONMEN[AL ProteCTION 15. 199J throush November 13. zulu. A fcvicw Bwrd: AGENCY discussian of the attninmenl dates is IFK Dac 95-15619 Filed 6-27-95; 8 45 wn) found in 57 FR 1J498 (April 16, 1992) BlliNg; codl 6h3u-I0M 40 CFA Parts 52 and 81 (tha General Pruamblo): (A-1-AL-5244 6] The Hancock ad WValdu Countles_ Aolllu ar0a wes DEPAHTMENT OF The inteaior Clcan Air Act Promulgatlon 0t nonattainniont 0ud odcclatded uurginul Ertension 0t Attainmcnt Date tor [or uzune pursuant to 56 FK 58094 (Nov Nallonal Park Scrvlcc Ozonu Nonallainmenl Area; Mainu U. 1991). Dy this class ficauon,its auainment date became Norurnher 15_ Jg CFR Pjn 7 AGENCY: Environmental Protection 1993. Agncy (EPA): RIN 1024-AC14 AciiOn: Final zul CAA Reyuirequeuls &ud EPA Aclious Conceruing Meeting Whe Allainment National Capilal Acgion Parks; Speclol SUMMAAY: EKA IS eXtcnutng Lhe Dute Acgulalons; Corrcclion J(lJIInUO{ dale IUr the HuncoA Jfd 1810)2)4) the Suciion THqUOI6s ACENCY; National ParA Service, Isleror_ Woldo Ccuntis. ^ Wlanyinal ozores Administulor, within six months of the ACtion: Cortacrion {0 fifnl re uulaHOn< DUratfainment a.ea 1n Aloine l0 uttaiqMent dute. to dtle rmnirt whe tha r Novembe: 1S, 1944. Tlis € elslun is uzuric: nonlallJllmcut arcas Jllninel Ihe SummaAy; Thiy do umunt con(jins 1 hasud in part 0n IOrulored a r qualuty NAAQS Fur uzuse. EPA delrminus ((roclion tu Ult final reguletions which tadigs /ot the natiuul amtuent air ottoinmont status OI the bass of tht WVete publshed Friduy. April 7 . 1995 qualuy standard lor ozone during 1991: ex[rcted nunUer uf exceeddrices &l Ute (60 FR 17639). Tho Tuxulauons litlt tle Thic noticu Jl+o updalrs tables in 40 NAAQS ovor tho thrcv-year period up salcs un Fedetul lwd tu bouks. CFR 52.1024 and 40 CFR 01.320 to. end including: the aitalnment date newspapers. lealiels, pmnpblels. buttons CUIILEnulg atlainllell Jules i# the Stale See General Preamhlc. 57 FR 133(t; In ad bumper Stickers and set slandards uf Malne the case of 0z0ne manginal Ior Slles, Slands and suuclurus used 1n EFfECTIVE date: Tls extension hecores "onalloinmcnt a.uus, (lio three yuar such sales wvilhin National Cepltel efleclive July 28, 1995. puriod is 1991-93.CAA section Rogon Parks. Foa Fuathea Infoamation ContAct; 181(U)(2)(A) luruicr stales Ual, [Uf Jleas Effectivc OATE: 8. 1495 Ructard P. Durkhan, i, Pesticides ond classified as Inanynal. modcrale . or FOa f Uatheh inf ORMAIIN coniaci: Toxcs Manegemert Division_ U,S: seriuus. i[ Uht Adinnisuator delenn ics Sdlldra Associale Reauunal EnerufIlleltlal Prutecliun Agely that the arej did not JIatn the sandard Directot. Puhhic Aflairs and Tourismu_ Region !, JFK Federal Bldg- Boslon, MA by uts altainmont dulc th1o Jrea must bc Nutiunel Cpilul Rcglon, Nutionol Fark 02203. Phone. 617-563-3244 reclassified "Pxardci Semice. 1100 Ohiu Drive SW SUPPLEMENTARY information: On Fob Howover_ section 18lla/ls) Wushinglon. I).C (202)614-7223 22. 1945 (60 FR 48/3). EPA publshad provides nn exemptian frum thesc: public Psuudon Acung park Moy Alley - bumj'

JFK Declassified Files

Back to Search

104-10333-10011.pdf

Released: March 18, 2025

Download from Archives

Page 1 of ?

This document is provided for research purposes only. For official versions, please visit the National Archives.