[1]14-0000
[3]104-10333-10011
[5]| 2025 RELEASE UNDER THE PRESIDENT JOHN F. KENNEDY ASSASSINATION RECORDS ACT OF 1992 |
[7]| sion ASENCY- INTERNAL USE -ONLY CY
[8]PRIVILEGED ATTORNEY WORK PROD CT a :
[9]fal a . A
[11]OGC-94-52916
[12]19 September 1994
[14]MEMORANDUM FOR: David P. Holmes
[15]Deputy General Counsel
[17]FROM: Robert J. Eatinger. Jr.
[18]Assistant General Counsel
[19]Litigation Division, OGC
[21]SUBCECT: DCI Sources and Methods Authority With Respect
[22]to JFK Assassination Records
[24]1. Per your request, I have attached a copy of the
[25]President John F. Kennedy Assassination Records Collection Act of ‘
[26]1992 {ARCA), Pub. L. 102-526, 106 Stat. 3443-2458, reprirted at
[27]44 U.S.C. § 2107 note. For ycur convenience, I have highligkced
[28]the pertinent provisions that will aid in ressonding to an
[29]inquiry regarding the statute's effect on the DCI's statutory
[30]authority to protect intelligence sources and methcds.
[32]2. The clear language and intent of the law is to supersede yw
[33]statutes that prohibit discicesure of information, except for soma .
[34]irrelevant subject areas, such as tax records. The statute oe
[35]- provides that "it shall take precedence over any other law a
[37]{except section 6103 of the Internal Revenue Code), judicial .
[38]decision construing such law, or common law doctrine that would
[39]otherwise prohibit" the disclosure of information subject to the
[40]Act. ARCA § ll(a). This language, taken with the provisions
[41]discussed below which limit the intelligence sources and methods
[42]that may be protected and set a strict procedural scheme by which
[44]: information is to be reviewed under the ARCA, effectively 4
[45]supersedes the DCI's National Security Act authority with respect
[46]to intelligence sources and methods information subject to the
[47]ARCA.
[49]3. Section 6 of the ARCA provides the grounds for which the
[50]release of information may be "postponed." The statute
[51]contemplates that all information will eventually be released.
[52]Indeed, it specifies that all information will be made available
[53]to the public no later than 25 years after the passage of the
[54]ARCA (which occurred in October 1992) unless the president
[55]certifies that continued postponement is necessary. ARCA
[56]§ 4(g)(2)(D). With respect to intelligence-related information,
[58]-~--.-  .. ARCA allows postponement if:
[60]"(1) the threat to ... intelligence operations ... is
[61]of such gravity that it outweighs the public interest, and
[62]such public disclosure would reveal--
[64]PRIVILEGED ATTORNEY WORK PRODUCT
[65]AGENCY-INTERNAL USE ONLY
[67]"0000
[69]ee en ares
[71]AGENCY- INTERNAL USE ONLY
[72]PRIVILEGED ATTORNEY WORK PROTVC
[74]SUBJECT: DCI Sources and Methods Authority With Respect to JFK
[75]Assassination Records
[77](A) an intelligence agent whose identity currently
[78]requires protection;
[80](B) an intelligence source or method which is
[81]currently utilized, or reasonably expected to be
[82]utilized, by the United States Government and which has
[83]not _ been official) isclosed, the disclosure of which
[84]would interfere with the conduct of intelligence
[85]activities; or
[87](C) any other matter currently relating to...
[88]intelligence operations ... the disclosure of which
[89]would demonstrably impair the national security of the
[90]United States."
[92]ARCA § 6(1) (Emphasis added.)
[94]4. The originating agency is tc make the first review to
[95]identify information that meets the standards for postponement.
[96]ARCA § 4(c)(2)(D) (i). For CIA, this effort is being undertaken
[97]by the Historical Review Group, in consultaticn with the
[98]Directorate of Operations and other appropriate Agency
[99]components. Information the originating agencies identify for
[100]postponement must be transmitted to the Review Board. ARCA
[101]§ 4(c) (2) (E). The Review Board "shall consider and render
[102]Gecisions on a determination by a Government office to seek to
[103]postpone the disclosure of assassination reccrds." ARCA §
[105]7(i) (1). Specifically, the "Review 3oard shail consider and
[106]render decisions on ... whether an assassination record or
[107]particular information in a record qualifies for postponement of
[108]disclosure under the Act." ARCA § 7(i) (2) (B).
[110]5. If the Review Board determines to orger the disclosure
[111]of information that the originating agency feit met the criteria
[112]for postponement, it “shall notify the head cf the originating
[113]body of its determination and publish a copy of the determination
[114]in the Federal Register within 14 days after the determination is
[115]made." ARCA § 9(c) (4) (A). If the information contained in an
[116]assassination record is "obtained or developed solely within the
[117]executive branch, the President shall have the sole and
[118]nondelegable authority to require the disclosure or postponement
[119]of ... the information under the standards set forth in
[120]Section 6." ARCA § 9(d)(1) (emphasis added). The President's
[121]decision must be certified to the Review Board within 30 days of
[122]the Review Boards determination. Id. Records postponed by the ©
[123]President must be re-reviewed every S years. ARCA § 9 (d)}(2).
[125]2
[127]PRIVILEGED ATTORNEY WORK PRODUCT
[128]AGENCY- INTERNAL USE ONLY
[130]14-0000
[132]AGENCY-INTERNAL USE ONLY
[133]FRIVILEGED ATTORNEY WORK PRODUCT
[135]SUBJECT: DCI Sources and Methods Authority With Respect to JFK
[136]Assassination Records
[138]6. I would be happy to discuss this further if you so
[139]desire. You might also want to contact John Pereira (x30373)
[140]since he has met with some or all of the Review Board members.
[142]Attachment
[144]3
[146]PRIVILEGED ATTORNEY WORK PRODUCT
[147]AGENCY-INTERNAL USE ONLY
[149]14-0000
[151]SUBJECT: DCI Sources and Methods Authority w/Respect
[152]to JFK Assassination Records
[154]OGC-94-52916
[156]DCI/OGC/RJEat inger:76105 (19 Sept 94):
[158]Original - Addressee .«/attach) (hand delivered)
[159]- OGC Registry (w/ettack)
[161]- Lit File
[163]- RBB (OGC/ILD)
[165]- C/HRG (J.Péereira-404 Ames)
[167]RJE - Soft File (w/attach)
[169]- RJE - Signer
[171]- PDP
[173]- KK -fyi
[175]- PAS-fyi
[178]1
[181]14-0000
[183]pe we ee
[184]YET
[185]Lele ;
[186]' ‘
[189]Ly eke
[190]'
[192]CIA SPECIAL 9. LECTIONS
[193]St RELEASES i FULL
[195]DRAFT
[197]. CHAPTER XIV - ASSASSINATION RECORDS REVIEW BOARD ;
[198]Part 1400 ~ GUIDANCE FOR INTERPRETATION AND IMPLEMENTATION
[199]OF THE PRESIDENT JOHN F. KENNEDY ASSASSINATION RECORDS
[200]COLLECTION ACT OF 1992" (ARCA)
[201]1400.1 Scope of assassination record.
[202]1400.2 Scope of additional records and information.
[204]1400.3 Sources of assassination records and additional records and
[206]information.
[208]17
[210]14-0000
[212]~ DRAFT
[214]1400.4 Types of materials included in scope of assassination record and
[215]additional records and information.
[217]1400.5 Requirement that assassination records be released in their entirety.
[218]1400.6 Originals and copies.
[220]1400.7 Additional guidance.
[222]1400.8 Implementing the ARCA — Notice of Assassination Record Designation.
[223]Authority: 44 U.S.C. 2107 note.
[225]§ 1400.1 Scope of assassination record,
[226](a) Anvassassination record includes, but is not limited to, all records,
[227]public and private, regardless of how labeled or identified, that document,
[228]describe, report on, analyze, or interpret activities, persons, or events reasonably
[229]related to the assassination of President John F. Kennedy and investigations of or
[230]inquiries into the assassination.
[231](b) Anvassassination record further includes, without limitation:
[232](1) All records as defined in Sec. 3(2) of the ARCA;
[233](2) All records collected by or segregated by all fedéral, state, and local
[234]government agencies in conjunction with any investigation or analysis of or
[235]inquiry into the assassination of President Kennedy (for example, any intra-
[237]‘ agency investigation or analysis of or inquiry into the assassination; any inter- |
[239]agency communication regarding the assassination; any request by the House
[241]Select Committee on Assassinations to collect documents and other materials; or
[243]18
[245]14-0000
[247]DRAFT
[249]any inter- or intra-agency collection or segregation of documents and other
[250]materials);
[252](3) | Other records or groups of records listed in the Notice of
[254]Assassination Record Designation, as described in §1400.8 of this chapter.
[255]§1400.2 Scope of additional records and information. |
[257]The term additional records and information includes:
[259](a) . All documents used by government offices and agencies during their
[260]declassification review of assassination records as well as all other documents,
[261]indices, and other material (including but not limited to those that disclose
[262]cryptonyms, code names, or other identifiers that appear in assassination
[263]records) that the Assassination Records Review Board has a reasonable basis to
[264]believe may constitute an assassination record or would assist in the —
[265]identification, evaluation or interpretation of an assassination record. The
[266]Assassination Records Review Board will identify in writing those records and
[267]other materials it intends to seek under this section.
[269](6) All training manuals, instructional materials, arid guidelines created or
[270]used by the agencies in furtherance of their review of assassination records.
[272](c) All records, lists, and documents describing the procedure by which the
[273]agencies identified or selected assassination records for review.
[275](d) Organizational charts of government agencies.
[277](e) _ Records necessary and sufficient to describe the agency's:
[279]19
[281]14-0000
[283]and broaden the historical record of the.assassination.
[285](1) Records policies and schedules; DR A F T
[287](2) Filing systems and organization;
[288](3) Storage facilities and locations; oe eee
[289](4) Indexing symbols, marks, codes, instructions, guidelines, methods and
[292](5) Search methods and procedures used in the performance of the agencies’
[293]duties under the ARCA; and |
[295](6) Reclassification to a higher level, transfer, destruction, or other
[296]information (e.g., theft) regarding the status of assassination records.
[298](f) Any other record that does not fall within the scope of assassination
[300]record as described in §1400.1, but which has the potential to enhance, enrich,
[302]§14003 Sources of assassination records and additional records‘and ~
[304]information.
[306]Assassination records and additional records and information may be located at,
[307]or under the control of, without limitation:
[309](a) Agencies, offices, and entities of the executive, legislative, and judicial
[310]branches of the federal government;
[312](b) Agencies, offices, and entities of the executive, legislative, and judicial
[314]branches of state and local governments;
[316]20
[318]14-0000
[320]DRAFT
[322](c) Record repositories and archives of federal, state, and local governments,
[323]including presidential libraries;
[325](d) Record repositories and archives of universities, libraries, historical __
[326]societies, and other similar organizations;
[328](e) Individuals who possess such records by virtue of service with a
[329]government agency, office, or entity; .
[331](f) Persons, including individuals and corporations, who have obtained such
[332]records from sources identified in subparagraphs (a) through (e) of this section;
[333](g) Persons, including individuals or corporations, who have themselves
[334]created or have obtained such records from sources other than those identified in
[335]subparagraphs (a) through (e) of this section;
[337](h) -Federal, state, and local courts where such records are being held under —
[338]seal; or . |
[340](i) Foreign governments.
[342]§1400.4 ‘ Types of materials included in scope of assassination record and
[343]additional records and information.
[345]The term record in assassination record and additional records and information
[346]includes, for purposes of interpreting and implementing the ARCA:
[347](a) papers, maps, and other documentary material;
[349](b) photographs;
[351]~ (¢) motion pictures;
[353]21
[355]14-0000
[357]DRAFT
[359](d) sound and video recordings;
[360](e) machine readable information in any form;and _
[361](f) artifacts.
[362]§1400.5 Requirement that assassination records be released in their entirety.
[363]An assassination record shall be disclosed in its entirety except for
[364]portions specifically postponed pursuant to the grounds for postponement of
[365]public disclosure of records established in Sec. 6 of the ARCA, and no portion of
[366]any assassination record shall be withheld from public disclosure solely on
[367]grounds of non-relevance unless, in the Assassination Records Review Board's
[368]sole discretion, release of part of a record is sufficient to comply with the intent
[369]and purposes of the ARCA.
[370]§1400.6 Originals and copies. .
[371](a) _ For purposes of determining whether originals or copies of assassination
[372]records will be made part of the President John F. Kennedy Assassination
[373]Records Collection (the JEK Assassination Records CoHection) established under
[374]the ARCA, the following shall apply:
[375](1) In the case of papers, maps, and other documentary materials, the
[376]Assassination Records Review Board may determine that record copies of
[378]_ Government records, either the signed original, original production or a
[380]- ~ reproduction that has been treatéd as the official record maintained to chronicle
[382]22
[384]14-0000
[386]a | DRAFT
[388]government functions or activities, may be placed in the JFK Assassination
[389]Records Collection;
[391](2) Inthe case of other papers, maps, and other documentary material, the
[392]Assassination Records Review Board may determine that a true and accurate
[393]copy in lieu of the original may be placed in the JFK Assassination Records
[394]Collection;
[396](3) ‘In the case of photographs, the original negative, whenever
[398]available (otherwise, the earliest generation print that is a true and accurate
[399]copy) may be placed in the JFK Assassination Records Collection;
[401](4) Inthe case of motion pictures, the camera original, whenever
[402]available (otherwise, the earliest generation print that is a true and accurate
[403]copy), may be Placed i in the JFK Assassination Records Collection;
[405](5) In the case of sound and video recordings, the original recording,
[406]whenever available (otherwise, the earliest generation copy that is a true and
[407]accurate copy), may be placed in the JFK Assassination Records Collection;
[408](6) In the case of machine-readable information, a true and accurate
[409]copy of the original (duplicating all information contained in the original and in
[410]a format that permits retrieval.of the information) may be placed in the JFK
[411]Assassination Records Collection; and
[412](7) _ Inthe case of artifacts, the original objects themselves may be ©
[414]- -  -placed in the JFK Assassination Records Collection.
[416]23
[418]14-0000
[420]DRAFT
[422]fb) To the extent records from foreign governments are included in the JFK
[423]Assassination Records Collection, copies of the original records shall be sufficient
[424]for inclusion in the collection.
[426](c) In cases where a copy, as defined in paragraph (a) of this section above, is
[427]authorized by the Assassination Records Review Board to be included in the JFK
[428]Assassination Records Collection, the Assassination Records Review Board may,
[429]at its discretion if it determines it to be necessary to ensure the integrity of the
[430]JFK Assassination Records Collection, require a certified copy. In cases where an
[431]original, as defined in paragraph (a) of this section, is required for inclusion in
[432]the JFK Assassination Records Collection the Assassination Records Review
[433]Board may, at its discretion, accept the best available copy. In such cases that
[434]records included in the collection, whether originals or copies, contain illegible
[435]portions, such records shall have attached thereto a certified transcription of the
[436]illegible language to the extent practicable.
[438](d) For purposes of implementing the ARCA, the term copy means a true and
[439]accurate photocopy duplication by a means appropriate to the medium of the
[440]original record that preserves and displays the integrity of the record and the
[441]information contained in it.
[443](e) Nothing in this section shall be interpreted to suggest that additional
[444]copies of any assassination records contained in the JFK Assassination Records
[446]- . -- - -Collection are not also assassination records that, at the Assassination Records
[448]24
[450]14-0000
[452]a DRAFT
[453]-Review Board's discretion, may also be placed in the JFK Assassination Records
[454]Collection.
[456](f) | Nothing in this section shall be interpreted to prevent or preclude copies
[457]of any assassination records, and particularly assassination records in
[458]audiovisual or machine readable formats, from being made from time to time in
[459]the professional judgment of and at the discretion of the National Archives and
[460]Records Administration for purposes of preservation or reformatting to conform
[461]to different hardware and/or software requirements. |
[462]§1400.7 Additional guidance.
[464](a) A government agency, office, or entity includes, for purposes of
[465]interpreting and implementing the ARCA, all current, past, and former
[466]departments, agencies, offices, divisions, foreign offices, bureaus, and
[467]"deliberative bodies of any federal, state, or local government and includes all
[468]inter- or intra-agency working groups, committees, and meetings that possess or
[469]created records relating to the assassination of President John F. Kennedy.
[470](b)  Theinclusion of artifacts in the scope of the term assassination
[471]record is understood to apply solely for purposes of establishing the JFK
[472]Assassination Records Collection and for fully implementing the terms of the
[473]ARCA and has no direct or indirect bearing on the interpretation or |
[474]implementation of any other statute or regulation. ‘
[476]oo, © In the case of artifacts deemed to be assassination records and included in
[478]25
[480]1400000
[482]symbol, number or cryptonym.- - -
[484]DRAFT
[486]the JFK Assassination Records Collection, the provision to the public of
[488]photographs, drawings, or similar materials depicting the artifacts shall be
[489]sufficient to comply with the ARCA's requirement that copies of assassination
[490]records be provided to the public upon request. Additional display of or
[491]examination by the public of artifacts in the JFK Assassination Records Collection
[492]shall occur under the terms and conditions established by the National Archives
[493]and Records Administration to ensure their preservation and protection for
[494]posterity. |
[496](d) The terms and, or, any, all, and the plural and singular forms of nouns
[498]shall be understood in their broadest and most inclusive sense and shall not be
[500]‘understood to be terms of limitation.
[502](e) Unless the Assassination Records Review Board in its sole discretion
[504]directs otherwise, records that are identified with respect to a particular person
[506]"shall include all records relating to that person that use or reflect their true name
[508]or any other name, pseudonym, codeword, symbol, number, cryptonym or alias
[509]used to identify that person.
[511](f) | Unless the Assassination Records Review Board in its sole discretion
[512]directs otherwise, records that are identified by the Assassination Records
[514]Review Board with respect to a particular operation or program shall include all
[516]records pertaining to that program by any other name, pseudonym, codeword, -
[518]26
[520]14-0000
[522]: §1400.8 Implementing the ARCA -- Notice of Assassination Record
[523]Designation.
[525](a) A Notice of Assassination Record Designation shall be the mechanism for
[526]the Assassination Records Review Board to announce publicly its determination
[527]that a record or group of records meets the definition of assassination records.
[528](b) Notice of all designations will be published in the Federal Register within
[529]o 30 days of the decision to designate such records as assassination records.
[530]In determining that a record or group of records meets the definition of
[532]assassination records, the Assassination Records Review Board must determine
[533]that the record or group of records will more likely than not enhance, enrich, and
[535]broaden the historical record of the assassination.
[537]14-0000
[539]oe
[540]Pa
[541]i
[542]q.
[544]t,
[546]4 SE
[548]ets T oe
[552]oh,
[554]Calendar No. 552
[556]102p Concress Report
[557]9d Session SENATE 102-898
[559]THE PRESIDENT JOHN F. KENNEDY ASSASSINATION
[560]RECORDS COLLECTION ACT OF 1992
[562]REPORT
[564]OF THE
[566]COMMITTEE ON GOVERNMENTAL AFFAIRS
[567]. UNITED STATES SENATE
[569]TO ACCOMPANY
[571]S. 3006
[573]TO PROVIDE FOR THE EXPEDITIOUS DISCLOSURE OF RECORDS
[574]RELEVANT TO THE ASSASSINATION OF PRESIDENT JOHN F.
[575]KENNEDY
[577]JuLy 22 (legislative day, Juty 20), 1992.—Ordered to be printed
[579]- ~~" U.B. GOVERNMENT PRINTING OFFICE
[580]*& 59-010 WASHINGTON : 1992 .
[582]S.Rept. 102~328 0 - 97 -- 1
[584]14-0000
[586]21
[588]tion, it is important to emphasize and clarify the legislative intent
[590]and importance of particular provisions of the Act.
[592]Defining assassination records
[594]“Assassination records” are defined in Section 3. The definition
[595]of “assassination records” is a threshold consideration for the suc-
[597]cessful implementation of the Act. Its scope will be the barometer .-
[599]of public confidence in the release of assassination records. While
[601]_ the records of past presidential commissions and congressional
[603]committees established to investigate the assassination of President
[604]Kennedy are included as assassination records under this Act, it is
[605]intended and emphasized that the search and disclosure of records
[606]under this Act must go beyond those records. While such records
[607]are valuable, they reflect the views, theories, political constraints,
[608]and prejudices of past inquiries. Proper implementation of this Act
[609]and providing the American public with the opportunity to judge
[610]the surrounding history of the assassination for themselves, re-
[611]quires including not only, but going beyond, the records of the
[612]Warren and Rockefeller Commissions, and the Church and House
[613]Select Assassination Committees.
[615]The term “assassination record” was not more specifically de-
[617]fined by the Committee because to do-so before more is known
[618]about the universe of records would have been premature, and
[619]would have further injected the government between the records
[620]and the American public. There is a sufficient volume of known as-
[621]sassination records to organize and review at the outset. However,
[622]it is intended that the Review Board issue guidance to assist in ar-
[623]ticulating the scope or universe of assassination records as govern-
[624]ment offices and the Review Board undertakes their responsibil-
[625]ities. Such guidance will be valuable notwithstanding the fact that
[627]government offices will begin to organize and review their records_ ,
[629]before the Review Board is established. Government offices are re-
[630]quired to begin the review and disclosure of records upon enact-
[631]ment to expedite public access to the many records which do not
[632]require additional review or postponement. However, the ultimate
[633]work of the Review Board will involve not only the review of
[634]records recommended for postponement, but requiring government
[635]offices to provide additional information and records, where appro-
[636]priate. Guidance, especially that developed in consultation with the
[637]public, scholars, and affected government offices, will prove valua-
[638]ble to ensure the fullest possible disclosure and create public confi-
[639]dence in a working definition that was developed i in an independ-
[640]ent and open manner.
[642]Autopsy Records
[644]The Act specifically excludes from the definition of “assassi-
[645]nation records” the autopsy records and copies or reproductions
[646]made from such records donated by the Kennedy family pursuant
[647]to a deed of gift-executed on October 29, 1966. These records in-
[648]clude the autopsy photographs and X-rays of President Kennedy.
[649]The Committee believes that this exclusion is a sound policy. The
[650]Committee believes that there is a compelling justification for pro-
[652]tecting the privacy of the Kennedy family from the unwarranted
[655]14-0000
[657]19
[659]the date of enactment unless, in the case of executive branch
[660]records, the President demonstrates that public disclosure will
[661]result in an identifiable harm to the national security, intelligence
[662]operations, or foreign relations of the United States.
[664]The Assassination Records Review Board is an independent
[665]agency within the executive branch. The five-member Review
[666]Board will be appointed by the President with the advice and con-
[667]sent of the United States Senate. The confirmation hearings will be
[669]conducted by the Committee on Governmental Affairs. The Act re- °
[671]quires that the Review Board include at least one historian and
[672]one attorney, and that each member ‘is a national recognized pro-
[673]fessional in his or her field. The legislation requires that prior to
[674]making the appointments, the President is required to consider rec-
[675]ommendations from the American Historical Association, the Orga-
[676]nization of American Historians, the Society of American Archi-
[677]vists, and the American Bar Association. :
[679]To ensure a comprehensive search and disclosure of assassination
[680]records, particularly to enable the public to obtain information and
[681]records beyond the scope of previous official inquiries, the Review
[682]Board has the authority to direct any government office to produce
[683]additional information and records which it believes are related to
[684]the assassination. It has the authority to subpoena private persons
[685]and to enforce the subpoenas through the courts.
[687]The Review Board is authorized for a two-year period and it may
[688]be extended by a majority vote of the Review Board for up to an
[689]additional year. The Review Board. could decide to extend it exist-
[690]ence to less than one year if that is the time determined as neces-
[691]sary to complete its work. Annual financial reports and other peri-
[692]odic reports are required to be provided to the Congress. The re-
[693]ports must include statements of progress, the level of cooperation
[694]of government offices and agencies, and the possible need for addi-
[696]_ tional time or authority from Congress.
[698]IV. BACKGROUND AND NEED FOR LEGISLATION
[700]On November 22, 1963, President John F. Kennedy was assassi-
[701]nated. It was a tragic and defining moment in American history.
[702]‘The desire by the American public to understand who assassinated
[703]President Kennedy, and why, has resulted in several official inves-
[704]tigations and a broad spectrum of private inquiries and scholar-
[706]. ship. Unfortunately, in the eyes of the public, each investigation
[708]and inquiry served to raise additional questions, and did so while
[709]increasing the volume of secret government records about the as-
[710]sassination. In 1992, the public demand, fostered by increased
[711]media attention, the opening of secret files by changing govern-
[713]’ ments around the world, and other factors, culminated in the rec-
[715]ognition by the Congress and the Executive Branch that the
[716]records related to the assassination of President Kennedy should be
[717]fully disclosed. :
[719]- In addition to the legislation considered by the Committee, and
[721]its counterpart considered by the House Committee on Government
[723]Operations, four other related, though more limited, measures:
[725]were introduced in the House of Representatives in 1992. Two bills
[726]mandating the release of all Kennedy assassination investigation
[728]14-00000
[730]7506
[732].  (@B) For dependents of active duty
[733]members in pay grades of E-5 and -
[735]. above, $25; and,
[737](C)} For retirees and their dependents,”
[739]25s.
[741](vi) The copayment for prescription
[742]drugs per prescription, for a maximum
[743]3 ay eupply. fs as follows: .
[744](A) For dependents of active duty
[745]meombors in pay grades E~1 through E—
[748](B) For dependents of active duty
[749]meombers in pay grades of E~S and
[750], above, $5; and,
[752](C) For retirees and their dependents,
[754]$9.
[755](vii) The copayment for ambulance
[756]services is as follows:
[758](A) For dependents of active duty
[759]members {n pay grades of E—1 through -
[760]E—-4, $10;
[762](B) For dependents of active duty
[763]mombers in pay grados of E-S and
[764]above, $15; and,
[766](C) For retirees and their dependents,
[767]$20. .
[769](e} Inpatient cost shoring .
[770]requirements under the Uniform HMO
[771]Benefit—{1) In general. ta lieu of usual
[772]CIHLAMPUS cost sharing roquirements
[773](see § 194.4(f)), spocal cost sharing
[774]amounts are required. The specific
[775]requirements shall be uniform and shal)
[776]be published as a notice annually by-the
[777]Assistant Secretary of Defense (Health
[778]Alfsirs)
[780](2) Structure of cost sharing. For
[781]servicos other than mental illness or
[782]substance use treatunent, there is «
[783]nominal copayment for active duty
[784]dependents and for retired members,
[785]dependents of retired members. and
[786]survivors. Fur anpatient mental health
[787]end substance use treatment, a separate
[788]per day charge is established.
[790]_ (3) Amount of inpatient cost sharing
[791]requirements. Deginning in fiscal year
[792]a ‘1995. tho inpatient cost sharing
[793]Bh ulrements are ax follows:
[795]i) For acute care admissions and
[796]other non-mental health/substance use
[797]treatment admissions, the per diem
[798]charge is as follows, with a minimum
[799]charye of $25 per admission: .
[801]{ay For dependents of active duty
[802]members in pay grades E-1 through E-
[805](B) For dependents of'activo duty
[806]members in pay grades of E~S and
[808]_sbovo,Sit;and, 2 || - oe
[810](C}) For rotirees and their dependents,
[812]Sit.
[813](ii) For mental health/substance use
[814]treatment admissions, and for partial
[815]hospitalization services, the per diem
[816]charge is as follows, with a minimum
[817]charge of §25 per admission:
[819](A) For dependents of active duty
[820]Members in pay grades E-1 through E—
[823]pina Send aoe oanee STL
[825](B) For dependents of active duty
[826]members {n pay grades of E-5 and
[827]above, $20; and,
[829](C) For retirees and their dependents,
[830]540.
[831](f} Updates. The enrollment fees for
[832]fiscal year 2995 set under paragraph (c)
[833]of this section and the per services
[834]specific dollar amounts for fiscal year
[835]1995 set under paregraphs (d) and (e] of
[836]this sectian may be updated for
[837]subsequont years to the extent necessary.
[838]lo maintain compliance with statutory
[839]roquirements pertaining to government
[840]Costs. This updating does not apply to
[841]cost sharing that is expressed as a
[842]porcentago of allowable changes; these
[843]percentages will remain unchanged.
[845]{g) Applicability of the Uniform HMO
[846]Benefit to Uniformed Services
[847]Treatment Facilities Managed Care
[848]Program. The provisions of this section
[849]concerning the Uniform HMO Benefit
[850]shail apply to the Uniformed Sorvices
[851]Treatment Facilities Managed Care
[852]Program, effective October 1, 1995.
[853]Under that program, non-CHAMPUS
[854]eligible beneficiaries hava the same
[855]payment responsibilities as CHANPUS-
[856]eligible beneficiaries. ,
[858]Dated. February 2, 1995.
[860]LM. Byoum,
[862]Alternate OSD Federal Heguster Lasson
[863]Offices, Depastment of Cefense.
[865]{FR Doc. 95-3028 Filed 2-7-95, 8 45 env]
[866]BALLING CODE 6000-04-44
[868]ASSASSINATION RECORDS REVIEW
[869]BOARD
[871]36 CFR Part 1400
[873]Guidance on taterpreting and
[874]Implementing the President Jonn F.
[875]Kennedy Assassination Records
[876]Collection Act of 1992
[878]AGENCY: Assassination Records Reviow
[880]. Board (ARRB).
[882]ACTION: Proposed interpretive
[883]regulation.
[885]SUMMARY: The ARRB proposes to issue
[886]regulations providing guidance on the
[887]interpretation of certain terms defined
[888]in and the implementation of the
[889]President John F. Kennedy .
[890]Assessination Récords Collection Act of
[891]1992. .
[893]OATES: To be considered, comments
[894]must be received on or befora March 10,
[895]1995. ,
[896]ADORESSES: Comments should be
[897]mailed Co the Assassination Kecards
[898]Review Board at oUU E Street, NW,
[899]Second Roor, Washington, D.C. 20530 or
[900]delivored {n person tu that address"
[902]“ Federal Register / Vol. 60, No. 26 / Wednesday, February 8, 1995 / Proposed Rules
[903]. I eee
[905]between the hours of 9:30 a.m. and 4:30
[906]p.m., Monday through Friday (except
[907]legal holidays). Comments may also be
[908]faxed to the Board at (202) 724-0457.
[910]Comments received may be inspected in
[912]the Board's public reading room, located
[913]at the address shown above, between 10
[914]a.m. and 3 p.m. Monday through Friday
[915](except legal holidays). Parsons wishing
[916]to inspect comments in the Board's
[917]public reading rvom should call the
[918]Board's office beforehand at (202) 724~
[919]0088 for further information.
[921]FOR FURTHER INFORMATION CONTACT:
[922]Sheryl L. Walter (Cencral Counsel),
[923](202) 724-0088.
[925]* SUPPLEMENTARY INFORMATION:
[927]Background
[929]The President Jobn F. Kannedy
[930]Assassination Records Collection Act of
[931]1992, 44 U.S.C 2107 note (as amended)
[932](ARCA), established the President John
[933]F. Kennedy Assassination Records .
[934]Collection (the JFK Collection) at the
[936]National Archives and Records -
[938]Admunistration (NARA). In establishing
[940]the process for public disclosure of all ~ ”
[942]records relating to the assassination,
[943]Congress created an independent agency
[944]within the execubve branch, the
[945]Assassinauon Records Review Board
[946](the Board), which consists of five
[947]citizens appointed by the President.
[948]Under the statute, the Board is
[949]empowered lo deade “whether a record
[950]Constalules an assassination record.” 44
[951]U.S C. 2107 note, Sec. 7(1)(2)(A).
[952]Congress further made clear its intent
[953]thal the Board “issue guidance to assist
[954]in articulating the scope or universe of
[955]assassination records." President Joho
[956]F. Kennedy Assassination Records
[957]Collection Act of 1992, S.Rep. 102-328,
[958]102d Cong., 2d Sess. (1992) at 21.
[960]In constructing the proposed guidance
[961]set out here, the Board seeks to
[963]" implement congressional intent that the
[965]JFK Collection contain “the most
[966]comprehensive disclosure of records‘
[967]related to the assassination of Presidont
[968]Kennedy.” Jd. at 18. The Board is also
[969]mindful of Congress's instruction that
[970]the Board apply a “broad and
[971]encompassing” working definition of
[972]“assassination record” in order to
[973]achieve the goal of assembling the
[974]fullest historical record on this tragic
[975]event tn American history and on the
[976]investigations that were undertaken in-
[977]the assassination's aermath. The Board
[978]recognizes that many agencies have
[979]slready begun to organize and review
[980]records responsive to the ARCA even
[981]before the Buard was appointed and
[982]began Its work. Nevertheless, the
[983]Board's aim is that this guidance will
[984]ald in the ultimate assombly and public
[987]14-00000
[989]“mtbeg aE ut
[991]’ Federal Register / Vol. 60. No. 26 / Wednesday,
[993]disclocure of tho fullest passiblo
[994]histoncal record on this uagedy and on
[996]‘subsequent investigations and inquires
[998]into it.
[999]The Doard’s proposed guidance is
[1001]_ designed to holp government agencies
[1003]and the Board identify and make
[1004]available to the public ell documents
[1005]that will onhanco, enrich, and broaden
[1006]the historical record of the assassination
[1007]of Presidont John F. Kennedy. Tha
[1008]Duard socks through this puidance ta
[1009]fulfill Congress's “inton|t} and omphasis
[1010]that the search and disclosure of records
[1011]under this Act must go beyond” the
[1012]fecords of previous commissions and
[1013]committees ustablished to invesugate
[1014]President Konnody’s assassination. Id. at
[1015]21. The Board also soeks to provide
[1016]notice of the scope of its intended
[1017]exercise of authority to seek additional
[1018]information or records in ordor to fulfill
[1019]its functions and responsi{bilitios under
[1020]the ARCA.
[1022]In addition, the Board proposes to
[1023]create a mechanism to facilitate the
[1024]Board's ongoing work and to further
[1025]ensure future public access to the
[1026]broadest possible historical record. This
[1027]mechanism will be known as the
[1028]“Catalog of Assassination Records”
[1030](COAR). The COAR is intended to ba an
[1031]- official listing of all records determined
[1033]by the Board to meet the definition of
[1034]“assassination record” and included in
[1035]the JFK Collection.
[1037]Request for Comments
[1039]The Board secks public comment on
[1040]its proposed interpretive regulations
[1041]intended to provide guidanco on tho
[1042]interpretation of the term assassination
[1043]recard, the intended scope of its
[1044]exercise of authority to seck additional
[1045]information or records, and its .
[1046]additional proposals for implomontation
[1047]of tho ARCA.
[1049]List of Subjects in 36 CFR Part 1400
[1051]Administrative practice and
[1052]procedure, Archives and records.
[1054]Accordingly, the Assassination
[1055]Records Review Board hereby_proposes
[1056]to establish a new chapter XIV fn titla
[1058]36 of the Code of Fedoral Regulations to .
[1060]ruad as follows:
[1062]February 8, 1995 / Proposed Rutos 7507
[1063]CHAPTER XIV—ASSASSINATION assassination records as well as all other
[1064]RECORDS REVIEW sOARD documents, indices; records, and other |
[1065]; matorial that disclose cryptonyms, code
[1066]PART 1400—GUIDANCE FOR naines, or othor identification material
[1067]INTERPRETATION AND in assassination records, .
[1068]IMPLEMENTATION OF THE (b) All training manuals, instructional
[1069]PRESIDENT JOHN F. KENNEDY materials, and guidelines created or
[1070]COPE ATION RECORDS used by the agencies {n furthorance of
[1071]COLLECTION ACT OF 1992 (ARCA) their roview of assassinalion recurds.
[1072]oc. {c) All records, lists, and documents
[1073]1400.1) Interpretation of assassination describing the procedure by which the
[1074]record. egencies idenufied or selocted
[1076]1400.2 Interpretation of sdditioral records
[1077]and tefonnanuon.
[1079]14003 Sources of assassination recorde and
[1080]additional records and information.
[1082]1400.4 Lypes of materials included in scope
[1083]of assassination record and additiunel
[1084]tecurds and information.
[1086]1400.5 Requirement that assassination
[1087]records be released In their enurely
[1089]1400.6 Quginals and copies.
[1091]1400.7 Additional guidance
[1093]14008 Implementing the ARCA—Catelog of
[1094]Assassination Records
[1096]Authority: 44 U S.C. 2107 rote.
[1098]§1400.1 interpretation of assassination
[1099]record.
[1101](a) An assassination record includes,
[1102]but is not limited to, all records, public
[1103]and private, regardless of how labeled or
[1104]identified, that documont, descnhbe,
[1105]report, analyze, or interprot activitics
[1106]and events that may have'lod to the
[1107]assassination of President John F.
[1108]Kennedy; the assassinauion itself; and
[1109]investigations of or inquiries into the
[1110]assassination. .
[1112](>) An assassination record furthor
[1113]includos, without limitation:
[1115](1) All records as defined in Sec. 3(2)
[1116]of tho ARCA;
[1118](2) All records called by or segregated
[1119]by all foderal, state, and local os
[1120]government agencies in conjunction
[1121]with any investigation or analysis of or
[1122]inquiry into the assassination of
[1123]President Kennedy (for example, any
[1124]{ntra-agency investigation or analysis of
[1125]or inquiry into the assassination; any
[1126]inter-agency communication regarding
[1127]the assassination: any request by the
[1128]House Solect Committee on |
[1129]Assassinations ta collect documents and
[1130]othor materials; or any inter- or intra-
[1131]gency collection or segregation of
[1133]- documents and other materials); -
[1135](3) Other records or groups of records
[1136]listed in the Catalog of Assassination
[1137]Records, as described in § 1400.8 of this
[1138]chapter.
[1139]$1400.2 Interpretation of additional
[1140](écords and information.
[1142]The term additional information and
[1143]records includes:
[1145](a) All documents used by
[1146]government offices and agencies during
[1147]their declassification review of
[1149]assassination records for review.
[1151](d) Organizational charts of
[1152]government agoncies.
[1154](0) Records Necessary and sufficient to
[1155]deste the agency's:
[1157](1) Records policies and schedules;
[1159](2) Filing systems and organization;
[1160]and
[1162](3) Storage facilltios and locations.
[1164]§ 1400.3 Sources of assassination records
[1165]and additional records and Information.
[1166]Assassination records and additional
[1167]records and information may bo located _.
[1168]at, or under the control of, without
[1169]lumitation: . . ae
[1170](a) Agencies, offices, and entitics-of
[1171]the execulive, legislative, and judicial
[1172]branches of tho federal government;
[1173](b) Agencies, offices, and entities of
[1175]__the executive, legislative, and judicial
[1177]branches of state and local governments;
[1179](c) Record repositories and archives of
[1180]foderal, state, and local governments,
[1181]including presidential librarios;
[1183](d) Record repositories and archives
[1184]of universities, libraries, historical
[1185]societies, and other similar
[1186]organizations:
[1188]{e) Individuals who possess such
[1189]records by virtue of service with a
[1190]government agency, offico, or entity;
[1192](0 Porsons, including individuals and
[1193]Corporations, who have obtained such
[1194]records from sources identified in
[1195]paragraphs (a) through (e) of this
[1198](g) Federal, state, and local courts .
[1199]where such records are being held
[1200]undor seal;or
[1202](t) Foreign governments.
[1204]§ 1400.4 Types of materiais Included In
[1205]Scope of assassination record and
[1206]additional records and Information. ~
[1208]Tho term record In assassination
[1209]record and additional records-.and -
[1210]information includes, for Purposes of
[1211]interpreting and im plementing the
[1212]ARCA:
[1214](a) Papers, maps, and other
[1215]documentary materia); °
[1217](b) Photographs;
[1219](c) Motion pictures:
[1221](d) Sound-and video recordings;
[1223](e] Machine teadablo {nformation in
[1224]any form: and -
[1226]14-0000
[1228]7508
[1230]() Artifacts.
[1232]§ 1400.6 Requirement that assassination
[1233]racords be reloased In thele entiraty.
[1235]An assassinativn record shall be
[1236]disclosed in its entirety except for
[1237]portions specifically postponed
[1238]pursuant to the grounds for
[1239]postponement of public disclosum of
[1240]records established in section 6 of the
[1241]ARCA, and no portions of any
[1242]assassination records shall be withheld
[1243]from public disclosure salely an
[1244]grounds of non-relevance.
[1246]§ 2400.6 Originals and coples.
[1248](a) For purposes of determining
[1249]whother originals or copies of
[1250]assassination records may be made part
[1251]of tho President John F. Kennedy
[1252]Assassination Records Collection {the
[1253]JFK Records Collection) to be
[1254]establisbod under the ARCA:
[1256](1) In the case of papers, maps, and
[1257]other documentary material, the .
[1258]Assassination Records Review Board
[1259](the Board) may determine that a true
[1260]and accurate copy of the original is
[1261]sufficient;
[1263](2) In dhe case of photographs, the
[1264]term record means the original negative
[1265]if available, otherwise, the earliest
[1266]generation pnnt,
[1268](3) in-the case-uf motion pictures, the
[1269]term record means the.camera orginal
[1270]if availabic, otherwise, the earliest
[1271]generation print,
[1273](4) Lo the case of suund and video
[1274]rocordings, the term record means the
[1275]original recording, if available,
[1276]otherwise, the earliest generation copy;
[1278](5} In the case of machine-readable
[1279]information, the Hoard may determine
[1280]that a true and accurate copy of the
[1281]original is sufficient; and
[1283](6) Artifacts oxeans the original object
[1284]itself.
[1286](b) In cases where a copy, as dofined
[1288]_ io paragraph (a) of this section is
[1290]authorized by the Board to be included
[1291]in the JFK Records Collection the Board
[1292]may, al its discretion, require a certified
[1293]copy. In cases where an criginal, 4s
[1294]defined in paragraph (a) of this section,
[1295]is required for inclusion in the JFK
[1296]Records Collection the Board may, at its
[1297]discretion, accept the best available
[1299]copy.
[1301]- § 1400.7 Additionat guidance: -
[1303](a) A government agency, office, or
[1304]entity includes, for purposes pf
[1305]interpretiag and implementing the
[1306]ARCA, all departments, agencies,
[1308]. Offices, divisions, foreign offices,
[1310]bureaus, and deliberative bodies of any
[1311]federal, state, or local government and
[1312]includes all inter or (nua-agency
[1313]working groups, committees, and
[1315]_ Board to meet the definition of _
[1317]“ Federal Repister / Vol. 60, No. 26 / Wednesday. February 8, 1995 / Propused Rules
[1318]pre Se sec a reese SS Senses
[1320]niectings that possess or created records
[1321]relating to the assassination of President
[1322]John F. Kennedy.
[1324](b) The inclusion of arufacts in the
[1325]scope of the term assassination necord is
[1326]understood to apply solely for purposes
[1327]of establishing the President Joho F.
[1328]Konoedy Assassination Records
[1329]Collection and for fully implementing
[1331]- the terms of the ARCA and bas no direct
[1333]or indirect bearing on the interpretalion
[1334]or implementation of any other statute
[1335]or regulation.
[1337](c) In the case of artifacts deemed to
[1338]be assassination records and included io
[1339]the Jobn F. Kennedy Assassination
[1340]Records Collection, provision to the
[1341]public of photographs, drawings, or
[1342]similar materials depicting Use artifacis
[1343]shall ba sufficient to comply with the
[1344]ARCA’‘s requirement that copios of
[1345]assassination records be provided to the
[1346]public upon request. Other display to or
[1347]examination by the public of artifacts in
[1348]the John F. Kennedy Assassination
[1349]Records Collection shall occur under
[1350]terms and conditions established by the
[1351]National Archives and Records
[1352]Administration that are adequato to
[1353]preserve and protect the artifacts for
[1354]posterity. :
[1356](d) Tho terms and, ar, any, all, and the
[1357]plural and singular forms of nouns shall
[1358]be understoad in their broadcast and
[1359]most inclusive sense and shall not be
[1360]understood to be terms of limitation.
[1361]Any records idenufied with respect toa
[1362]particular person also includes any
[1363]records for that person by any other
[1364]name, pseudonym, codeword, symbol,
[1365]number, cryptonynn or alias. Any record
[1366]described with respect to an operation”
[1367]of program inchudes any record
[1368]pertaining to that program by any other
[1369]name, pseudonyin, codeword, symbol,
[1370]number os cryptonym.
[1372]§ 1400.8 implementing the ARCA—Catalog
[1373]of Assass!nation Records.
[1375](a) A Catalog of Assassination Records
[1376](COAR) shall be created as the official
[1377]listing of all records determined by the
[1379]assassination record. -
[1381]_b) Notice of all decisions to include
[1382]records in the COAR will be-published
[1383]in the Federal Register within 30 days
[1384]of the decision.
[1386](c} In Meting records or groups of
[1387]records in the COAK, the Rourd must
[1388]detennine that the record or group of
[1389]records will more likely than uot
[1390]enhance, eaorich, and broaden the
[1391]historical record of the assassination.
[1393]Dated: February 3, 1995.
[1394]David G. Marwell,
[1396]Executive Directors, Assassination Rocords
[1397]Review Board.
[1399]{FR Doc 95-3112 Filed 2-7-95; 8:45 am}
[1400]BILLING CODE 6420-TO-M
[1402]ENVIRONMENTAL PROTECTION
[1403]AGENCY
[1405]40 CFR Parts 51 and 93
[1407][FAL-5149-9)
[1409]Transportation Conformity Rule
[1410]Amendments: Transition to the Control
[1411]Strategy Period
[1413]AGENCY: Environmental Protoction
[1414]Agency (EPA).
[1415]ACTION: Proposed rule.
[1417]SUMMARY: This action proposes to
[1418]permanently align the timing of certain
[1419]transportation conformity consequences
[1420]with the imposition of Clean Air Act ~
[1422]highway sanctions. For ozone 7:
[1423]nonetlaiument areas with an incomplete _
[1425]15% emissions-roduction state
[1426]implementation plan with e protective
[1427]finding, incomplete ozone attainment
[1428]3% rate-of-progress plan; or finding of
[1429]failure to submit an azono attainmeat/
[1431]3% rate-ol-progress plan, and areas —
[1432]whose control strategy implementation
[1433]plan for ozone, carbon mononide,
[1434]-particulate matter, or nitrogen diuxide is
[1435]disapproved with a protective finding,
[1436]the conformity stotus of the
[1437]transportation plan and program would
[1438]not lapse as a result of such failure until
[1439]highway sanctions for such failure are
[1441]’ effective under other Clean Air Act
[1442]sections.
[1444]= This action would delay the lapse in
[1446]conformity status, which would
[1447]otherwise prevent epproval of now
[1448]highway end transit projects, and alluw
[1449]States more time to prevent the lapse by
[1450]submitting complete ozone
[1451]implementation plans. .
[1453]A bas publisbed in the final rule ~
[1454]soction of this Federal Register a sitilar
[1455]interim final rule which takes effect
[1456]immediately and anpties for six months.
[1457]This proposal would apply the
[1459]. . provisions of the interim final rule
[1461]permanently.
[1463]_ OATES: Comments on this action must be
[1464]received by March 10, 1995. A public
[1465]hearing will be held at 10:30 a.m. on
[1466]February 22, 1995 in Washington, DC.
[1467]ADORESSES: Interested parties may
[1468]submit written commonte (in duplicate,
[1469]if passible) to: Air and Radiation Docket
[1470]and Infonnation Center, U.S.
[1471]Environmental Protection Agency,
[1472]Attention: Docket No..A-95-02, 401 M
[1473]Street, SW., Washington, DC 20460.
[1478]14-0000
[1480]ADMINISTRATIVE - INTERNAL USE ONLY
[1482]CSI-0316/95
[1483]16 February 1995
[1485]NOTE FOR: D/IM/ADDA/IS
[1486]DCI/IRO
[1487]DA/IRO
[1488]DI/IRO
[1489]DO/IRO
[1490]DS&T/IRO
[1491]OGC (Bob Eatinger)
[1492]DD/OCA
[1493]C/IP&CRD
[1494]C/RDP/MSG/OIT
[1496]FROM: John Pereira
[1497]Historical Review Group
[1499]SUBJECT: JFK Assassination Records -
[1500]Proposed Regulations
[1502]1. Attached for your review and comment is a copy of
[1503]proposed regulations prepared by the JFK Assassination
[1504]Records Review Board. The regulations focus on the
[1505]definition of “assassination record", which is very broad.
[1506]The possibility of requiring additional records searches is
[1507]raised.
[1509]2. The Board plans to discuss the regulations at its
[1510]next meeting on 6-7 March, so it would be helpful to give
[1512]the Board our input in advance of that meeting. Please
[1513]provide Barry Harrelson (x30292) 2) or me (x80373) with your
[1515]comments by 1 March.
[1517]nr,
[1519]John F. Pereira
[1521]Attachment
[1523]ADMINISTRATIVE - INTERNAL USE ONLY
[1525]14-00000.
[1526]UL UR vO ob a SUS Fe UES VHC oot
[1528]vo 7” £08 _ John Pereira, CLA Historical Review Program
[1529]ae G3) 245-838
[1530]re: ARRB proposed interpretive regulations
[1531]date: February 9, 1995
[1532]pages: 4, including cover sheet.
[1534]Dear John:
[1536]Following this cover sheet is a courtesy copy of the Assassination
[1537]Records Review Board's proposed interpretive regulations, published yesterday in the
[1538]Federal Register. The proposed regulations include guidance on interpretation of the
[1539]scope of certain provisions of the Assassination Records Collection Act, including the
[1540]terms “assassination record” and “additional records and information." The Board is
[1541]sohiciting comment from all interested parties and would welcome any comments that
[1542]the CIA may have. (The comment period is 30 days; the deadline is March 10.)
[1544]If you have any questions or need any additional information, please
[1545]don't hesitate to give me a call on my direct line or at our main number, 724-0088.
[1547]Sincerely,
[1550]a Walter
[1554]General Counsel
[1556]From te dese of
[1558]Srery Walter
[1560]Gereral Counsel
[1562]__ Assassination Records Review Board
[1563]600 E Street, NW, Second Floor
[1564]Washington, D.C. 20530
[1566](202) 724-0815
[1567]Fax (202) 724-0457
[1569]14-0000
[1571]27 February 1995
[1572]To: C/HRG
[1573]Subj: Review Board's Proposed Regulations
[1575]1400.2(e) (3), Storage facilities and locations, presents a
[1576]possible conflict with our continuing protection of WTC?
[1578]1400.5, Requirement that assassination records be released
[1579]in their entirety...and no portion withheld solely on
[1580]grounds of non-relevance. For that portion of the documents
[1581]we have declared non-relevant that is operational and is
[1582]clearly non-relevant we should argue strongly with the
[1583]Board. The Director's statutory responsibility for the
[1584]protection of sources and methods must be defended; and we
[1585]can be sure that it was not anticipated that a KGB officer
[1586]in Mexico City would be transferred to another country and
[1587]go on generating much operational information. Furthermore,
[1588]we saw it as the Board's responsibility to review the
[1589]records we identified as non-relevant and to support
[1590]publicly those of our decisions that they felt were
[1591]justified!
[1593]1400.6, Originals and copies, could cause problems if the
[1594]Board gets fussy about it. Originals of memos sent outside
[1595]the agency would be gone(to the addressee). Originals of
[1596]cables and despatches are virtually non-existant.
[1598]1400.8(c),”...the Board must determine that the record or
[1599]group of records will more likely than not enhance, enrich,
[1600]and broaden the historical record..” Like some of this stuff
[1601]might be non-relevant?
[1603]Frank
[1605]14-0000
[1607]New Note
[1609]NOTE FOR: dwar P_Motiem@ Dc!
[1611]FROM: Mohn N.Gree>
[1612]DATE: 02/27195 06:02:46 PM
[1614]SUBJECT: JIMK Records
[1616]This is in response to vour request that { review ASAP the prnpusert regulations hy the JFK
[1617]Assassination Records Review Board.
[1619]i see Shery! Watters hand very much in evidance hare {see trom the attachment that she is the Board's
[1620]GC.
[1622]Lace you, | am very concemed about the breadth of the reg’s definitions ~The kry to keep in mind is the
[1623]Statutory authority for the Board. | would argus that the definition of “assassination record” in the statute
[1624](44 UEC. section 2107 note. section 3(2) of the Act) is inore fimited-than the-reg. The statute dafinas an
[1625]assassination record as one “related” to the assassination of JFK. Thus, when section 1400.2 (d) ard (ei
[1626]of the req authorize Board access to organizational charts of governmental agencies and records
[1627]necoassary and Sufficient to describe the agency's records policies and achcdules. filing avstems and
[1628]organization, and storage facilities and tocations, | would argue that such information is way too far afield.
[1629]There Is no way we can aflow the Board to have access fo this information, which in any event is _
[1630]prohibited by section 403g from disclosure notwithstanding any other law
[1632]The same issue arises with respect to s«ction 1400.7(d) of the reg that propeses to includs in-ne
[1633]dafinition ot record any records tor a person by another name or personal identher. This would aopear to
[1634]authorize Board access to all information about an agent who may have only peen tangentrally involved in
[1635]the ascacsmation but whose crypt is qivan in many other unrelated documents about unrelated
[1636]Opertatians. Talk about your camefs nose under the tent!
[1638]Finally. section 1409.5 of the reg ratses an oid dog af an issue. The Nationat Security Archive (Sharyrs
[1639]old emptoyaon has been fighting for a long time in FOIA Itigation that the [OIA refers to records and that
[1640]therefore all information in a responsive record must be relaased untass othorwico Oxompt. There ts no
[1641]FOIA exemption, they arque. for non-responsive maternal in a record. This is a big problem for multtope
[1642]“doounents, such as the NID. We of course, argue that agencies are onty_required to process that which,
[1643]ts acted for and delete non-responsive material as unrequested. The proposed reg would mean that Ihe
[1644]Board would have access ta all information in a documem about several unrelated opcratons or cvents if
[1645]that document even mentioned the assassination or anything related fo it. Agaw. the camels nose
[1647]Cc: Thomas J. Benjamim@ OC!
[1649]14-0000
[1651]ADMINISTRATIV! ERNAL USE ONLY
[1653]From the Desk of Robert J. Eatinger
[1655]NOTE FOR: J. Barry Harrelson @ DA CIA SPECIAL COLLECTIONS
[1656]FROM: Robert J. Eatinger RELEASE IN FULL
[1658]DATE: 03/01/95 01:46:44 PM
[1659]SUBJECT: Comments on proposed JFK reg oof
[1661]Here is advance copy:
[1663]OGC-95-50522
[1664]1 March 1995
[1666]MEMORANDUM FOR: Chief, Historical Review Group
[1668]FROM: Robert J. Eatinger, Jr.
[1669]Assistant General Counsel
[1670]Litigation Division, OGC
[1672]SUBJECT : Comments on JFK Assassination Records Proposed
[1673]Regulation
[1675]1. The following are my comments on the Assassination
[1677]‘Records Review Boards proposed interpretive regulations published
[1679]in the Federal Register on 8 February 1995.
[1681]2. The term assassination record is defined in the
[1682]President John F. Kennedy AssasSination Records Collection Act of
[1683]1992, Pub.L. 102-525, 106 Stat. 3443, Oct. 26, 1992, reprinted at
[1684]44 U.S.C. § 2107 note (the Act). Any interpretive definition by
[1685]the Board cannot exceed that in the Act. The Acts definition is
[1686]found in Section 3(2) and provides:
[1688](a) Assassination record means a record that is related to
[1689]the assassination of President John F. Kennedy, that was
[1690]created or made available for use by, obtained by, or
[1691]otherwise came into possession of
[1693]various Federal, State, or local government bodies. ~
[1695]"3. The proposed regulation is broader than that in the Act. ~
[1696]The proposed regulation includes as assassination records:
[1698]records, public and private, regardless of how labeled or
[1700]identified, that document, describe, report, analyze, or
[1701]interpret activities and events that may. have led to the
[1703]routers USE ONLY
[1707]14-0000,
[1711]“es
[1713]ADMINISTRATIVE - INTERMAL USE ONLY
[1715]assassination of President John F. Kennedy; the
[1716]assassination itself; and investigations of or inquiries
[1717]into the assassination.
[1719]§ 1400.1(a). This language in overbroad in two respects. First,
[1720]the phrase events that may have led to is both broader than
[1721]relates to as in the Act and provides no articulable standard.
[1722]For instance, the theme in the Oliver Stone movie JFK appears to
[1723]be that President Kennedy was assassinated as a result of a
[1724]conspiracy to keep the war in Vietnam from winding down. Under
[1725]the proposed regulation, the Board might consider all records
[1726]concerning the war in Vietnam during the Kennedy Administration: - —
[1727]as being assassination records. Without a standard, the phrase
[1728]is permits arbitrary and inconsistent application. Third, it
[1729]includes information about investigations and inquiries other
[1730]than those conducted by those entities identified in the Act.
[1731]Although the Board states that it is following the intent of
[1732]Congress in seeking the most comprehensive disclosure of records
[1733]related to the assassination, it appears the Board may be
[1734]exceeding its authority.
[1736]4. The definition further states that assassination record
[1737]includes, without limitation ... all records as defined in Sec.
[1738]3(2) of the ARCA. See § 1400.1(b) (1). Thus, by its terms it
[1739]exceeds the statutory definition. Further, it is unhelpful
[1740]because by refusing to limit itself to any articulable class of
[1741]records it remains unlimited and subject to constant
[1742]re-interpretation by the Board. _
[1744]5. The proposed definition of additional information and
[1745]records under proposed § 1400.2 is objectionable because the
[1746]regulation does not provide the intended use of the definition.
[1747]The Board may be attempting to provide a definition useful in
[1748]interpreting the Boards authority under §7(j) (1) (C) (ii) of the
[1749]Act:
[1751]The Review Board shall have the authority to act in a manner
[1752]prescribed under this Act including authority to ... direct
[1753]a Government office to make available to the Review Board,
[1754]and if necessary investigate the facts surrounding,
[1755]additional information, records, or testimony from
[1756]individuals, which the Review Board has reason to believe .is
[1757]required to fulfill its functions and responsibilities under
[1758]this Act....
[1760].
[1762](Emphasis added.) If this is the case, the Board should ;
[1763]expressly so state and provide opportunity for informed comment
[1764]on that application, For instance, proposed § 1400.2(a) includes
[1765]all documents used by the agency during its declassification
[1766]review. This definition could include requests for legal advice
[1767]on particular matters. Such advice would be protected within the
[1768]particular agency by attorney-client privilege and should not be
[1769]provided to an extra-agency body.
[1771]ADMINISTRATIVE - npr USE ONLY
[1775]14-0000
[1777]‘* ADMINISTRATIVE -WTERYAC USE ONLY
[1779]6. Please call me with any questions or suggestions.
[1781]Robert J. Eatinger, Jr.
[1785]14-00000
[1787]. ADMINISTRATIVE - INTERNAL USE ONLY
[1789]TO: {John N. Greer'@ DCI
[1791]FROM: John F. Pereira
[1792]DATE: 03/02/95 05:07:45 PM
[1793]SUBJECT: Re: Proposed Regs by JFK Assassination Records Review Board
[1795]A number of us have concerns about the broad approach in the proposed regs. Among others, Bob Eatinger has written a memo on the
[1796]subject. We are preparing a formal response for the Board, which will be sent around for comment
[1798]In the meantime, ! have had an informa! discussion with the Board's Executive Director, David Marwell, advising him of our concerns. He
[1799]has invited us to propose specific textual changes.
[1800]The Board's deadline is 10 March.
[1802]Any additional thoughts would be welcome
[1804]ce: Edmund Cohen @ DA @ DCI, J. Edwin Dietel @ DA @ DCI, Edward P. Moffett,@ DCI, Thomas J. Benjamin @ OC
[1806]ADMINISTRATIVE - INTERNAL USE ONLY
[1808]1490000 _
[1810]a
[1812]ADMINISTRATIVE - INTERNAL USE ONLY
[1814]From the Desk of John N. Greer’
[1816]OCA
[1817]NOTE FOR: Edmund Cohen @ DA ‘
[1818]J..Edwin Dietel @ DA
[1819]John F. Pereira @ DA
[1820]FROM: Jolin N. Greer
[1821]DATE: 03/02/95 04:22:48 PM
[1822]SUBJECT: Proposed Regs by JFK Assassination Records Review Board
[1824]Page and | are very concerned about the overly broad reach of the proposed regulations of the JFK Board. | have prepared specific
[1825]comments that | will send by separate cover. In essence, we are concerned that the regs reach too far into Agency records and stray too
[1826]far from the definition of an "assassination record” in the law. What input does CIA have into this process and what are the time
[1827]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
[1828]Panel. The full ARP might wish to address these issues at it 9 March meeting. Please advise.
[1830]cc: Edward P.M offett@ oc!
[1831]‘Thomas J. Benjamin:@ DC!
[1833]ADMINISTRATIVE - INTERNAL USE ONLY
[1835]14.90000
[1837]1400.1 Interpretation of Assassination Record
[1838]a.) non-limiting descriptor “may have led to the assassination”
[1839]makes us vulnerable for capricious search demands
[1841]1400.2 Interpretation of Additional Records
[1843]a.) and b.) This relates to Agency classified resources that refer to
[1845]the total Agency mission. - well beyond the “assassination” subject.
[1847]identification of all such resources will require a separate effort
[1848]requiring substantial resources. In addition it may be impossible to
[1849]identify all such specific resources as the review effort involved
[1850]many people having experience throughout the Agency.
[1852]These resources are classified and most probably would be
[1853]recommended for “indefinite” postponement.
[1855]d.) and e.} Information described in these sections has been and is
[1856]protected by the National Security Act
[1858]As a time period for this information is not stated it is thus implied to
[1860]be open ended and that all such information would be made
[1861]available.
[1862]1400.5 Requirement That Assassintion Records Be Released In Their
[1863]Entirety
[1865]- Nonrelevance issue will most likely result in marked increase in
[1866]postponed records.
[1868]1400.6 Originals and Copies
[1870]a.) Large portion of CIA's JFK collection is comprised of copies. A
[1871]search for originals will require a massive resource commitment.
[1873]me There are additionally .a substantial number of previously sanitized
[1874]documents in the collections.
[1876]1400.7 Additional Guidance
[1878]_d.) Application of this requirement may well jeopardize current
[1879]postponements aimed at protecting Agency personnel and sources
[1881]This requirement also implies a new generation of searches to.
[1882]“round-out" or to verify previous searches and retrieved material.
[1884]ce:
[1886]am CONFIDENTIAL
[1887]NOTE FOR: J. Barry Harrelson @ DA
[1888]FROM: £ Gloria M. Boyd>-
[1889]DATE: 03/02/95 09:25:33 AM
[1890]SUBJECT: Response to the JFK Proposed Regulation
[1891]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
[1892]ammend them with your thoughts.
[1894]weft ) { reenl
[1896]Sous Re sheul)
[1898]oe On aw TAaasre
[1902]pees Ss IK AL
[1903]Odd rare mb [recne
[1905]Mawr Corcoran
[1906]dQorv sop Siioc
[1907]rf NaN rnd uidinel's
[1909]minor mvdlu evron t vey
[1911]RW VE Ca shang am Ww
[1914]trealee Wis Cow Veale
[1916]le (- Pa Clos Own.
[1917]Ake idk vidurs \) wes
[1918]LEON Woe & WEEN
[1919]Soarce pr lee mA ON
[1921]a p> rae ‘ poli ub
[1923]14.90000
[1925]ADMINISTRATIVE - INTERNAL USE ONLY
[1927]7 March 1995
[1929]NOTE FOR: Bob Eatinger, OGC
[1931]SUBJECT: JFK Proposed Regulations
[1933]As we discussed, I would appreciate your view as to
[1934]whether OGC should send a separate paper to the JFK Board on
[1935]the proposed regulations.
[1937]The attached is what we in HRG propose to coordinate in
[1938]the Agency today, 7 March, depending on your view. I'll
[1939]hold off circulating the attached draft for comment until
[1940]I've heard from you.
[1942](The Board asks for comments by 10 March.)
[1944]John Pereira
[1946]ADMINISTRATIVE - INTERNAL USE ONLY
[1948]14-00000
[1950]ADMINISTRATIVE - INTERNAL USE ONLY
[1952]MEMORANDUM FOR: J. Barry Harrelson @ DA
[1954]FROM: Cane C. Heishmaily
[1956]SUBJECT: JFK Assassination Records Proposed Regulations
[1957]REFERENCE:
[1959]Per your request, ‘Anthony Frasketi concurs with the proposed regulation.
[1961]ce: (damiés J. Baney’@ DST
[1962](Anthony R. Frasket@ DST
[1964]ADMINISTRATIVE - INTERNAL USE ONLY
[1966]9 March 1995—
[1968]14-0000
[1970]<— ADMINISTRATIVE - INTERNAL USE ONLY
[1972]CSI-0319/95
[1973]8 March 1995
[1975]NOTE FOR:
[1977]FROM:
[1979]SUBJECT:
[1981]D/IM/ADDA/IS
[1982]DCI/TRO
[1984]DA/IRO
[1986]DI/IRO
[1988]DO/IRO
[1990]DS&T/ IRO
[1992]OGC (Bob Eatinger)
[1993]DD/OCA
[1995]C/IP&CRD
[1996]C/RDP/MSG/OIT
[1998]John Pereira
[1999]Historical Review Group
[2001]JFK Assassination Records
[2002]Proposed Regulations
[2004]Please review attached draft comments on the proposed
[2006]regulations prepared by the JFK Assassination Review Board.
[2008]Our deadline for comments to the Board is 10 March, so
[2010]please send me or Barry Harrelson your suggestions by cob
[2012]9 March
[2014]Attachments
[2016]ar
[2018]John Pereira
[2020]ADMINISTRATIVE - INTERNAL USE ONLY
[2022]14-0000
[2024]a . . 5 Me
[2026]Mr. David Marwell
[2028]Dear David,
[2030]We appreciate the opportunity to comment on the
[2031]Assassination Records Review Board's proposed interpretive
[2032]regulations as published in the Federal Register, February
[2033]8, 1995. We recognize the value of providing guidance for
[2034]those who are responsible for implementing the Assassination
[2035]Records Collection Act.
[2037]Our general view is that the regulations are
[2038]comprehensive in identifying the range of records that would
[2039]potentially be relevant to the JFK assassination or the
[2040]scope of the investigations into the assassination.
[2042]In a few sections of the regulations the wording seems
[2043]somewhat overly broad or the meaning is not clear. Attached
[2044]for the Board's consideration are comments on these
[2045]sections. In some parts of the text we suggest possible
[2046]changes in wording for purposes of clarification.
[2048]We would be pleased to discuss these comments at the
[2049]Board's convenience. It is our intention to continue
[2050]cooperating fully with the Board and to make every effort to
[2051]release assassination records held by the Agency.
[2053]John F. Pereira
[2054]Historical Review Group, CIA
[2056]14-0000
[2058]Following are CIA's comments on specific sections of the
[2059]Assassination Records Review Board's interpretive
[2060]regulations, as published in the Federal Register, February
[2061]8, 1995.
[2063]1. Section 1400.1 Interpretation of Assassination Record
[2065]In paragraph (a) the reference to “activities and events
[2066]that may have led to the assassination--” seems overly
[2067]broad, and appears to go beyond the limits established in
[2068]the Assassination Records Collection Act. We believe that
[2069]it would be helpful to include an articulable standard in
[2070]this section. The present text would permit inconsistent
[2071]application of the regulations, which might encourage
[2072]massive and expensive, additional records searches that are
[2073]of doubtful value. --
[2075]The following change is suggested in paragraph (a):
[2077]“activities and events that may reasonably be
[2078]considered to have led to the assassination--” (This would
[2079]be consistent with the Act.)
[2081]2. Section 1400.2 Interpretation of additional records and
[2082]information
[2084]Paragraph (a) raises a question as to the purpose and
[2085]definition of “additional records and information.” The
[2086]meaning of the phrase “all documents used--during
[2087]declassification review of assassination records as well as
[2088]all other documents-~-”seems unclear. Is it the intention to
[2089]include any document, book, index, record system, etc.
[2090]regardless of relevance to the assassination or
[2091]investigations, including for example, legal opinions ? We
[2092]assume that the purpose is to enable the Board to request
[2093]and review additional records.
[2095]We suggest that the section be made more specific,
[2096]including a clearer statement of the intent. For example,
[2097]with respect to cryptonyms, codewords, guides, etc. a more
[2099]- precise link to events related to the assassination or to a
[2101]timeframe could be helpful.
[2103]14-0000
[2105]3. Section 1400.5 Requirement that assassination records
[2106]be released in their entirety
[2108]The introductory paragraph specifies that “no portions
[2109]of any assassination record shall be withheld--solely on
[2110]grounds of non-relevance.” This appears to open the door
[2111]for access to entire documents that contain information on
[2112]sensitive activities even when the documents contain.
[2113]information that is only incidental to the assassination,
[2114]such as a passing reference to a name. There is a potential
[2115]risk that sensitive, non-relevant sources and methods would
[2116]be compromised.
[2118]We suggest that the Board consider adding wording to this
[2119]section that accommodates those instances when there is a
[2120]need to release ample information from a document to
[2121]disclose assassination-related material, while still --
[2122]protecting obviously unrelated, sensitive information. The
[2123]Board, of course, would continue to have access to the
[2124]entire record. -
[2126]4. Section 1400.7 Additional guidance
[2128]Paragraph (da) states “any records identified with
[2129]respect to a particular person also includes any records for
[2130]that person by any other name, pseudonym, codeword,” etc.
[2131]This appears to require that all records on any individuals
[2132]who are merely mentioned in an assassination record be made
[2133]available. Is the objective really to assure that all files
[2134]on an individual or activity be made available regardless of
[2135]the labels on the files ? If so, we suggest that the text be
[2136]modified to reflect this. -
[2138]14-0000
[2140]In the letter to David, I would add at the end of the third
[2141]paragraph:
[2143]“Our Office of General Counsel provided some legal comments
[2144]on the scope of the definition that we've included in the
[2145]attached.”
[2147]In the attachment under the comments to Section 1400.1:
[2149]After the first sentence, ending with “peyond the limits
[2150]established by the [ARCA]”, I suggest adding the following
[2151]sentences:
[2153]“The Act authorized the Board to issue interpretive
[2154]regulations. Interpretive regulations, while entitled to great
[2155]deference, cannot be inconsistent with the congressional intent
[2156]to cover only certain specific activities. Rather, they should
[2157]stay within the clearly articulated definitions provided by
[2158]Congress. This is particularly important with respect to the
[2159]definition of “assassination records” since the ARCA has a
[2160]overriding effect on other statutory grants of power found
[2161]necessary in the interests of national security, such as the
[2162]National Security Act's direction that the Director of Central
[2163]Intelligence protect intelligence sources and methods from
[2164]unauthorized disclosure. The ARCA provides a statutory standard
[2165]for protecting or “postponing” intelligence sources and methods”
[2166]that applies only to “assassination records.” The standard in
[2167]the ARCA restricts those sources and methods that can be
[2168]protected in assassination records. The Review Board is given
[2169]the ultimate authority to apply that standard, subject to being
[2170]overridden only by the President. Thus, the ARCA reflects a
[2171]congressional desire to limit the DCI's authority to protect
[2172]sources and methods, but only for “assassination records” as ARCA
[2173]defined it. An interpretive definition by the Board that would
[2174]sweep in records not covered by the Act, we believe, would exceed
[2175]the Board's limited rulemaking authority. Thus, the proposed
[2176]definition should be limited more clearly to those records
[2177]identified by Congress as “assassination records. To do this, we
[2180]14-0000
[2183]; Ths TS ape
[2184]2. Cercee/ Con moat fae” gre
[2187]In the letter to David, I would add at the end of the third
[2188]paragraph:
[2190]“Our Office of General Counsel provided some legal comments
[2191]on the scope of the definition that we've included in the
[2192]attached,”
[2194]In the attachment under the comments to Section 1400.1:
[2196]After the first sentence, ending with “beyond the limits
[2197]established by the [ARCA]”, I suggest adding the following
[2198]sentences:
[2200]“The Act authorized the Board to issue interpretive
[2201]regulations. Interpretive regulations, while entitled to great
[2202]deference, cannot be inconsistent with the congressional intent
[2203]to cover only certain specific activities. Rather, they should
[2204]stay within the clearly articulated definitions provided by
[2205]Congress. This is particularly important with respect to the
[2206]definition of “assassination records” since the ARCA has a
[2207]overriding effect on other statutory grants of power found
[2208]necessary in the interests of national security, such as the
[2209]National Security Act's direction that the Director of Central
[2210]Intelligence protect intelligence sources and methods from
[2211]unauthorized disclosure. The ARCA provides a statutory standard
[2212]for protecting or “postponing” intelligence sources and methods”
[2213]that applies only to “assassination records.” The standard in
[2214]the ARCA restricts those sources and methods that can be
[2215]protected in assassination records. The Review Board is given
[2216]the ultimate authority to apply that standard, subject to being
[2217]overridden only by the President. Thus, the ARCA reflects a
[2218]congressional desire to limit the DCI's authority to protect
[2219]sources and methods, but only for “assassination records” as ARCA
[2220]Gefined it. An interpretive definition by the Board that would
[2221]sweep in records not covered by the Act, we believe, would exceed
[2222]the Board's limited rulemaking authority. Thus, the proposed
[2223]definition should be limited more clearly to those records
[2224]identified by Congress as “assassination records. To do this, we
[2225]believe ....
[2227]14-00000
[2229]2. Following are comments on specific sections of the
[2230]Assassination Records Review Board's interpretive
[2231]regulations, as published in the Federal Register, February
[2232]8, 1995.
[2234]a. Section 1400.1 Interpretation of Assassination Record
[2236]In paragraph (a) the reference to “activities and events
[2237]that may have led to the assassination--” seems overly
[2238]broad, and appears to go beyond the limits established in
[2239]the Assassination Records Collection Act. We believe that
[2240]it would be helpful to include an articuable standard in
[2241]this section. The present text would permit inconsistent
[2242]application of the regulations, which might encourage
[2243]massive and expensive, additional records searches that are
[2244]of doubtful value.
[2246]The following change is suggested in paragraph (a):
[2248]“activities and events that may reasonably be --
[2250]. considered to have led to the assassination--” (This would
[2252]be consistent with the Act.)
[2254]b. Section 1400.2 Interpretation of additional records
[2255]and information
[2257]Paragraph (a) raises a question as to the purpose and
[2258]definition of “additional records and information.” The
[2259]meaning of the phrase “all documents used--during
[2260]declassification review of assassination records as well as
[2261]all other documents--”seems overly broad and unclear. As
[2262]presently worded, this section would appear to include any
[2263]document, book, index, record system, etc. regardless of
[2264]relevance to the assassination or investigations, including
[2265]for example, legal opinions. We assume that the purpose is
[2266]to enable the Board to request and review additional
[2267]records.
[2269]We suggest that the section be made more specific,
[2270]including a clearer statement of the intent. For example,
[2271]with respect to cryptonyms, codewords, guides, etc. a more
[2272]precise link to events related to the assassination or toa
[2273]timeframe could be helpful.
[2275]c. Section 1400.5 Requirement that assassination records
[2276]be released in their entirety
[2278]The introductory paragraph specifies that “no portions of
[2279]any assassination record shall be withheld--solely on
[2280]grounds of non-relevance.” This appears to open the door
[2281]for access to entire documents that contain information on
[2283]14-00000
[2285]sensitive activities even when the documents contain
[2286]information that is only incidental to the assassination,
[2287]such as a passing reference to a name. There is a potential
[2288]risk that sensitive, non-relevant sources and methods would
[2289]be compromised. -
[2291]We suggest that the Board consider adding wording to this
[2292]section that accommodates those instances when there is a
[2293]need to release ample information from a document to
[2294]disclose assassination-related material, while still
[2295]protecting obviously unrelated, sensitive information. The
[2296]Board, of course, would continue to have access to the
[2297]entire record.
[2299]dad. Section 1400.7 Additional guidance
[2301]Paragraph (d) states “any records identified with respect
[2302]to a particular person also includes any records for that
[2303]person by any other name, pseudonym, codeword,” etc. This
[2304]appears to require that all records on any individuals -who
[2305]are merely mentioned in an assassination record be made
[2306]available. We assume that the purpose is more specific
[2307]i.e., to assure that all files on an individual or activity
[2308]be made available regardless of the labels on the files. We
[2309]suggest that the text be modified to reflect this.
[2311]14.90000
[2313]MAR B14 '95 12:51PM
[2315]ADMINISTRATIVE INTERNAL USE ONLY P.2
[2317]1 March 1995
[2319]MEMORANDUM FOR: John Pereira
[2320]Barry Harrelson -
[2322]CSI/HRG
[2323]FROM ; Kathryn I, Dyer
[2324]DI/IRO
[2325]SUBJECT: Comments--ARRB Proposed Interpretive Regulations
[2327]1. I have reviewed the proposed interpretive regulations
[2328]drafted by the Assassination Records Review Board, particularly
[2329]the sections addreasing the ARRB's interpretation of the scope of
[2330]certain provisions of the Assassination Records Collection Act.
[2331]While I have commente on a number of sections, there is one
[2332]section in particular which raises serious concerns--principally
[2333]1400.2 regarding additional information and records.
[2335]2, As presently worded, this section opena up significant
[2336]records which have nothing to do per se with the assassination,
[2337]and which are currently protected by various laws, including the
[2338]National Security Act of 1947, and, moreover, are exempt from
[2339]disclosure under the Freedom of Information Act.
[2341]For example, (d) Organizational charts of government agencies.
[2342](e) Records necessary and sufficient to describe the
[2343]the Agency's:
[2344](1) Records policies and schedules;
[2345](2) Piling systems and organization; and
[2346](3) Storage facilities and location.
[2348]Items (a) and (b) of this section ( 1400.2) also pose similar
[2349]problems in that (a) includes all documents used by agencies
[2350]during their declassification review...This includes a]1
[2351]materials including omnibus classification guides or other
[2352]materials (i.e. not merely those prepared for use in the JFK
[2353]veview) which would identify seneitive material across the board.
[2354]Similarly, item (b) includes materials "created d
[2356]agencies in furtherance of their review...." This entire section
[2357]should at a minimum be restricted to items created by agencies
[2358]for use in the assassination reviews. For example, if the DO has
[2359]a master list of cryptonyms, some of which appear in JFK
[2360]documents, only the subset should be included. Generic
[2361]categories of information which stand alone on their own merits
[2362]should be omitted. .
[2364]ADMINISTRATIVE INTERNAL USE ONLY
[2366]14.99000
[2368]STITT eee
[2370]MAR @1 °95 12:52PM
[2372]as
[2374]ADMINISTRATIVE INTERNAL USE ONLY P.3
[2378]Recommend: Delete items (d) and (e). Subpart (a) should be
[2379]confined to documents created by agencies (vice used) during
[2380]their declasaification review.
[2382]The inclusion of generic categories of information, i.e., those
[2383]created independent of the assassination investigation(s) and
[2384]review effort, appears to be a calculated effort to gain access
[2385]to significant areas of information that are protected by other
[2386]laws (i.e., circumvention of the FOIA.)
[2388]If provisions (ad) and (e) are not deleted and a and b
[2389]not limited to materials created by or created solely for use in
[2390]the assassination review, an additional section should be added
[2391]that applies to section 1400.2 in its entirety. This should
[2392]state that information created independent of the assassination
[2393]review will be released unless protected by other laws, Executive
[2394]Orders, and/or regulations.
[2396]3. Other Comments:
[2397]1400.1 (a)
[2399]Recommend: Insert the word "reasonably" between "may have
[2400]{reasonably) led to the assassination..."
[2402]The mere allegation that foreign events or
[2403]international developments may have led to the
[2404]assassination at this point in time (after all
[2405]the investigations) should not bring records
[2406]not related to the assassination on their face
[2407]within the scope of this act. There should be
[2408]an objective standard, i.e., reasonable person
[2409]threshold. Otherwise agencies could be
[2410]subjected to massive records searches on
[2412]little more than whim. The JFK assassination is
[2413]the epitome of conspiracy theories. Without a
[2414]threshold standard, the door would be opened to
[2415]additional searches (without merit), the
[2416]potential coats of which could be significant.
[2418]1400.6 Originals and copies.
[2420]Recommend: (2) and (3) Add the word "available" after "the
[2421]earliest generation print [available] ."
[2423]Otherwise no provision to cover situation when
[2424]earliest generation print can't be located.
[2426]2
[2428]ADMINISTRATIVE INTERNAL USE ONLY
[2430]14-0000
[2432].MAR @1 °95 12:53PNy p
[2433]ADMINISTRATIVE INTERNAL USE ONLY “4
[2435]1400.8 Implementing the ARCA - Catalog of Assassina-
[2436]tion Records. (COAR)
[2438]Sections (a) and (c) appear to be inconsistent.
[2439]As presently worded, former specifies all
[2440]records will be listed in COAR; latter section
[2441]implies not all records will be listed, i.e.,
[2442]requirement that in listing one must determine
[2443]that the record will more likely than not
[2444]enhance, enrich....
[2446]4. I£ any questions, please call 54644 (secure).
[2448]Meee
[2450]3
[2451]ADMINISTRATIVE INTERNAL USE ONLY
[2453]14-0000
[2455]ADMINISTRATIVE - INTERNAL USE ONLY
[2457]NOTE FOR: John F. Pereira @ DCI
[2459]FROM: (Eidon C Hatch)@ DA @ OCI
[2461]DATE: 02/21/95 02:15:20 PM
[2463]SUBJECT: Comments re the JFK Assassination Records Collection Act of 1992
[2465]1, In general there is not much in the regulation to cause the DA undo concern except for Sec. 1400.2 Interpretation of
[2466]additional records and information; specifically (e), (1), (2), & (3). The schedules are classified in the agregate, filing systems and
[2467]organization structures are classified in toto, and the storage facility is an Agency Records Center at a classified location. { know this
[2468]may not bea lot of help, but | have little or no argumenticomment concerning the other sections.
[2470]2. If you have any questions/comments, please call me on(30689/or note.
[2472]ce:
[2474]ADMINISTRATIVE - INTERNAL USE ONLY
[2476]14.90000
[2478]Central Intelligence Agency
[2479]Washington, 0.C. 20505
[2481]22 February 1995
[2483]Executive Secretariat
[2484]Information Review Officer
[2486]John F. Pereira
[2487]Historical REview Group
[2489]-
[2491]Attn: Barry Harrelson
[2492]Barry,
[2494]Do not agree with "no portions of any
[2495]assassination records shall be withheld
[2496]from public disclosure solely on grounds
[2497]of non-relevance." See Section 1400.5.
[2498]Non-relevant material should not have to
[2499]be reviewed for declassification & release.
[2500]This could be a never-ending project.
[2502]Thanks for the opportunity,gto comment.
[2504]unice M. Evans
[2505]DCI/IRO
[2508]14.90000
[2510]1 March 1995
[2512]MEMORANDUM FOR: Mr. Periera
[2513]FROM: Gary Breneman
[2515]SUBJECT : Comments on Proposed Rules, 36 CFR
[2516]Part 1400, Concerning JFK Records
[2517]Collection Act of 1992
[2519]1. You asked that I review subject proposed rules and
[2520]provide my thoughts and concerns. This is in response to
[2521]that request.
[2523]m
[2525]2. As a general statement, the proposed rules are not
[2527]‘well written and seem to try to cast the biggest net
[2529]possible. With reference to poor draftsmanship, note that
[2530]at Sec.1400.2, they introduce a term “additional information
[2531]and records,” and describe what the term includes. Compare
[2532]sections 1400.3 relating to “sources” and 1400.4 relating to
[2533]“(t)ypes of materials.” In the latter, they have reversed
[2534]the term and used “additional records and information.”
[2535]While the intent is fairly clear, it causes one to wonder
[2536]what they had in mind.
[2538]3. With reference to the big net approach, it isa
[2539]basic rule of statutory and regulatory drafting to not write
[2540]laws and regulations which cannot be enforced. In this
[2541]regard, I.know of no authority in U.S. law, including the
[2542]JFK Act, which would give the Board jurisdiction over
[2543]records which “may be located at, or under the control
[2544]of,”...”(f)oreign governments.” See 1400.4 (b). TI have a
[2545]similar concern with respect to “private” records. Cf. Sec.
[2546]1400.1 (a).
[2548]4. On the nonsensical side of the big net approach is.
[2549]every book, magazine and newspaper article and which has
[2550]ever been written that may “report, analyze, or interpret”
[2551]the assassination. See 1400.1 (a). If read literally, the
[2552]Agency would have to give up all of its collections of
[2553]private books, etc. which fall within this definition. This
[2554]is particularly true of those books we referred to here
[2555]within HRG for information and understanding as we conducted
[2556]the review. See 1400.2 (a) -- (a)11 documents used by
[2557]government offices and agencies during their
[2558]declassification review of assassination records...
[2562]14.90000
[2564]5. With specific reference to the requirement of -
[2565]1400.2 (a), the Agency should be concerned about its records
[2566]within the DO which tie crypts to true names of projects and
[2567]alias' and pseudos to the true names of individuals.
[2569]Because we regularly called the DO office responsible for
[2570]these matters for assistance in identifying the projects and
[2571]names behind the crypts and alias,' this subsection would
[2572]seem to place those document holdings within the reach of
[2573]the Board. This needs to be addressed.
[2575]5. Turning to 1400.7 (d), the Agency should be very
[2576]careful here. In HRG's review and release of documents, we
[2577]have often given out an alias but protected the true name.
[2578]In others, we have given out the true name but protected the
[2579]alias or pseudo. This section seems to vitiate that effort
[2580]and needs to be addressed.
[2582]6. I have several thoughts on the non-relevant issue
[2583]which would take several more paragraphs. Suffice it to
[2584]Say, carried to its extreme, if the Board can in any way
[2585]make the case a document is an assassination record, then
[2586]they are entitled to access to it and may direct its
[2587]release.
[2589]7.  %I would be pleased to discuss any of these items
[2590]with you if you wish.
[2592]Gary/M. Brenéman
[2594]14-0000
[2596]2 March 1995
[2597]Assassination Record Definition: Comments
[2598]Background Section:
[2600][the statement “search and disclosure of records...must go
[2601]beyond the records of previous commissions...” is based on a
[2602]similar statements on pages 19 & 21 of the Report to
[2603]accompany S. 3000]
[2605]Section 1400.1 - Interpretation of Assassination Record
[2606](a) “An assassination record includes,...,all
[2607]records...that may have led to the assassination...”
[2609](S.3006 states that the “Board should act on a reasonable
[2611]basis in requesting additional records. Recommend we insert
[2612]“reasonably” into statement after “have” (or change may to
[2614]reasonably could) ]
[2616](b) (2) "all records...or segregated by all
[2617]Federal...agencies in conjunction with any investigation...”
[2619]{means all “microfilm” documents are assassination records,
[2620]and will have to be reviewed and accounted for even if we
[2621]are successful in “postponing” most of these records]
[2623]1400.2 (Interpretation of additional records and
[2624]information.
[2626](a) “All documents used by government offices and
[2627]agencies during their declassification review of
[2628]assassination records as well as all other documents,
[2629]indices, xecords, and other material that disclose
[2630]cryptonyms, code names, or other identification material in
[2631]assassination records.”
[2633][Section (a) is too inclusive; as written would include ANY
[2634]document, book, index, record system or other material
[2635]consulted or “used” during the review, regardless of
[2636]relevance to JFK assassination. In fact, most of the
[2637]Material “used” in the review was used to determine if
[2638]information/names/etc. had been previously released and had
[2639]nothing to do with the assassination or investigations.
[2641]Also the part of the statement following “as well as” needs
[2642]clarification. Are they asking for all records that contain
[2643]information on individuals mentioned in assassination
[2644]records or are they asking for the records/indices/etc. that
[2645]were used to identify individuals mentioned by crypt or code |
[2646]name in assassination records.
[2648]{ the amendment recommended by FBI covers CIA concerns;
[2649]ideally the word “used” should be changed to “created”]
[2651]14-0000
[2653]1400.2 (continued)
[2654](b) & (c) [ ok ]
[2655](d) & (e) [add wording to identify time period for
[2657]‘these records such as “at the time of the assassination and
[2659]investigations” .]
[2661]1400.5 Requirement that assassination records be released in’
[2662]their entirety.
[2664]An assassination record shall be disclosed in its
[2665]entirety except for portions specifically’ postponed. ..,and
[2666]no portions of any assassination records shall be withheld
[2667]from public disclosure solely on grounds of non-relevance.
[2669]{If this applies to an “individual” assassination record
[2670]then there is no problem. However, if it applies, as I
[2671]suspect, to files and groups of records then we have a major
[2672]problem of privacy and source protection with the OP and 201
[2673]files. It may be possible to “postpone” the 201 and OP
[2674]files under the Privacy exemption and National Security Act,
[2675]however, the FBI approach to amending the regulation to deal
[2676]with “incidental appearance of assassination material” seems
[2677]a better approach. Our proposed amendment should include
[2678]“files” as well as “records”.
[2680]1400.6 Originals and Copies
[2681](a) (2) add “available” after “the earliest generation
[2685](b) in cases where a copy, as defined in paragraph (a)
[2686]of this section is authorized...the board may...require a
[2687]certified copy.
[2689][In some cases our file copy or original is a previously
[2690]sanitized copy of the document; we may have to “certify”
[2691]theses copies as the “original” file copy.]
[2693]1400.7 Additional guidance
[2695](d)...Any records identified with respect toa
[2696]particular person also includes any records for that person
[2697]by any other name, pseudonym, codeword, symbol, number or
[2698]cryptonym...
[2700][This needs clarification. It the goal of this section is,
[2701]to ensure that all files on an individual/project are
[2702]provided regardless of how filed (under name, crypt, etc.)
[2703]then I do not see a problem. However, with out clarifying
[2704]language, this section could lead to the type of situation
[2705]described by Gloria. FBI also requested clarification. ]
[2707]14-0000
[2709]a
[2710]Issues:
[2712]Non-related (36,000+ pages) and OP (10,000 pages) material
[2713]in microfilm collection :
[2715]The “segregated” records statement negates our claim that
[2716]Material in the Microfilm is “non-related”. We can point
[2717]out that the HSCA requested, but did not review a lot of
[2718]these records and that access was given to complete files
[2719]even thought the request dealt with specific events or
[2720]timeframes. However, given their objective of going
[2721]“beyond” previous investigations, I not sure this would have
[2723]any impact.
[2725]A different approach would be to deny or postpone personnel
[2726]type files including 201s that are not related to the
[2727]assassination (guidelines to be established in consultation
[2728]with the Board) as unwarranted invasion of privacy and/or
[2729]protection of sources. Approximately 25,000 pages of the
[2730]Non-related material are from 201 files; the remaining
[2731]10,000+ pages are from organization and project files.
[2733]14-0000
[2735]lo thee (~
[2736]a
[2738]To: C/HRG
[2739]Subject: OGC's comments on proposed JFK reguiations.
[2741]Bob's comments should be included in our response to
[2742]the Board, however, not as he has recommended. The language
[2743]and tone is very different and does not inserted well into
[2744]existing text; I think his comments will work better as a
[2745]separate paragraph or as an addendum.
[2747]Barry
[2749]14-0000
[2751]MEMORANDUM FOR:
[2753]FROM:
[2755]SUBJECT:
[2757]REFERENCE:
[2759]MEMORANDUM FOR:
[2761]FROM:
[2763]SUBJECT:
[2765]REFERENCE:
[2767]1. The DO concurs in ref comments and would add the following:
[2769]ADMINISTRATIVE - INTERNAL USE ONLY
[2771]J. Barry Harrelson @ DA
[2772]John F. Pereira
[2774]JFK Assassination Records Proposed Regulations
[2776]John F. Pereira @ DA
[2777]William H. McNair
[2778]DO/IRO .
[2779]JFK Assassination Records Proposed Regulations
[2781]CS1-0319/95, subject as above, dtd 8 March 1995
[2783]10 March 1995
[2785]10 March 1995
[2787]A. Comment Par 2 re Section 1400.2 - para d and e(3) call for “Organizational
[2788]charts.of government agencies" and "Records necessary and sufficient to describe and agency's
[2789]storage facilities and locations".
[2791]Organizational charts of detail are classified and release would have to be
[2792]balanced against DCI mandate to protect such details.
[2793]Description and location of agency's storage facilities are classified and
[2795]release of such information would have to be balanced against security concerns and DCI mandate
[2796]to protect such information.
[2798]B. Comment 4 re Section 1400.7 - Consideration should be given to protect
[2799]records and files of different time frame not related to JFK where the subject is but a passing
[2800]name or reference. To reveal full records could endanger national security without adding to
[2801]body of information relating to JFK.
[2803]2. Believe these two comments should be considered for inclusion into official CIA . ,
[2805]remarks.
[2807]ce:
[2809]ce:
[2811]ADMINISTRATIVE - INTERNAL USE ONLY
[2813]14-0000
[2815]ADMINISTRATIVE - INTERNAL USE ONLY
[2817]NOTE FOR: John Pereira @ DCI
[2819]; Barry Harrelson @ DCI
[2820]FROM: Kathryn 1. Dyer @ D1 @ DCI
[2821]DATE: 03/10/95 08:13:32 AM
[2822]SUBJECT: Comments re Assassination Records Review Board's Interpretive
[2823]Regufations
[2824]1. [have reviewed the draft comments prepared for the Agency regarding the AARB's proposed
[2826]interpretive regulations and believe some modifications are in order.
[2828]2. First and foremost, the comments regarding Section 1400.2 do not adequately address the concems previously raised regarding the
[2829]unbridled inclusion of categories of records that have nothing to do with JFK's assassination, e.g., organization charts, records schedules,
[2830]filing systems, etc. This section should
[2831]> be limited ta items created by agencies for use in the assassination review. Generic categories .
[2832]of information which stand alone on their merits should be included. This section is overly broad
[2833]and inclusive. (Please see the discussion in my 1 March memorandum.) Contrary to the proposed
[2834]comment that the intent of this section is “unclear”, { think it is eminently clear, and that's the problem.
[2835]| think our concerns would be better served by raising in terms of scope rather than intent. Also
[2836]recommend against asking questions such as “Is it the intent...2" Heck , yes! Would suggest wording
[2837]along the lines-“As presently worded, this section would appear to include...”
[2839]3. The proposed comment on Section 1400.7 opens the door to all records on a person vice those
[2841]relevant to the assassination inquiries. Do we really want to set ourselves up for the obvious response to the question we are asking?
[2842]There are a number of different points here that need to be clarified, all dealing with scope. The board's legitimate concern that all
[2843]records on an individual records be addressed {regardless of how filed, e.g.under another name, pseudonym, etc.}. And an equally
[2844]legitimate Agency concern that
[2846]1.) records on an individual when the records themselves are nat relevant to the assassination inquiry,
[2848](ie. other records on the individual may be), or 2. ) that all records on individuals who merely happen
[2850]to be mentioned in a document falling within the scope of the assassination inquiry (but the individuals themselves are not the subject of
[2851]investigation) should not be subsumed within the scope of these
[2853]regulations.
[2855]Ce:
[2857]ADMINISTRATIVE - INTERNAL USE ONLY
[2859]14-00000
[2861]To: C/HRG
[2862]Subject: OGC's comments on proposed JFK regulations.
[2863]1) oGc submission
[2865]Bob's comments should be included in our response to
[2866]the Board, however, not as he has recommended. The language
[2867]and tone is very different and does not inserted well into
[2868]existing text; I think his comments will work better as a
[2869]separate paragraph or as an addendum.
[2871]2) DI IRO
[2873]Kathy's comments on section 1400.2 are on target, but a
[2874]little strong. I don't think the board will buy changed
[2875]“used” to “created”. Our proposed response, as written,
[2876]does question the scope but not directly. (note: The FBI
[2877]proposed wording, if accepted by the board, would.
[2878]satisfactorily limit the scope of this section). She does
[2879]have a point in changing “intent” to “as presently worded”.
[2881]On section 1400.7, Kathy's reaction is the same as
[2882]Gloria's. I think our response adequately address the
[2883]concerns here, but could be strengthen without changing the
[2884]tone of the response. (Note - OGC comments will also address
[2886]. “scope” which clearly is Kathy's primary concern.
[2888]Barry
[2890]14.90000
[2892]Mr. David Marwell
[2893]Dear David,
[2895]We appreciate the opportunity to comment on the
[2896]Assassination Records Review Board's proposed: interpretive
[2897]regulations as published in the Federal Register, February
[2898]8, 1995. We recognize the value of providing guidance for
[2899]those who are responsible for implementing the Assassination
[2900]Records Collection Act.
[2902]Our general view is that the regulations are
[2903]comprehensive in identifying the range of records that would
[2904]potentially be relevant to the JFK assassination or the
[2905]scope of the investigations into the assassination.
[2907]In a few sections of the regulations the wording seems
[2908]somewhat overly broad or the meaning is not clear. Attached
[2909]for the Board's consideration are comments on these
[2910]sections. In some parts of the text we suggest possible
[2911]changes in wording for purposes of clarification.
[2913]We would be pleased to discuss these comments at the
[2914]Board's convenience. It is our intention to continue
[2915]cooperating fully with the Board and to make every effort to
[2917]release assassination records held by the Agency.
[2919]John F. Pereira
[2920]Historical Review Group, CIA
[2922]14-0000
[2926]Following are CIA's comments on specific sections of the
[2927]Assassination Records Review Board's interpretive
[2928]regulations, as published in the Federal Register, February
[2929]8, 1995.
[2931]1. Section 1400.1 Interpretation of Assassination Record
[2933]In paragraph (a) the reference to “activities and events
[2934]that may have led to the assassination--” seems overly
[2935]broad, and appears to go beyond the limits established in
[2936]the Assassination Records Collection Act. We believe that
[2937]it would be helpful to include an articuable standard in ,
[2938]this section. The present text would permit inconsistent
[2939]application of the regulations, which might encourage
[2940]Massive and expensive, additional records searches that are
[2941]of doubtful value.
[2945]The following change is suggested in paragraph (a):
[2947]“activities and events that may reasonably be
[2948]considered have led to the assassination--” (This would '
[2949]be consistent with the Act.)
[2951]2. Section 1400.2 Interpretation of additional records and
[2952]information
[2954]Paragraph (a) raises a question as to the purpose and
[2955]definition of “additional records and information.” The
[2956]meaning of the phrase “all documents used--during
[2957]declassification review of assassination records as well as
[2958]all other documents--"seems unclear. Is it the intention to
[2959]include any document, book, index, record system, etc.
[2960]regardless of relevance to the assassination or
[2961]investigations, including for example, legal opinions ? We
[2962]assume that the purpose is to enable the Board to request
[2963]and review additional records.
[2965]We suggest that the section be made more specific,
[2966]including a clearer statement of the intent. For example,
[2967]with respect to cryptonyms, codewords, guides, etc. a more
[2968]precise link to events related to the assassination or toa
[2969]timeframe could be helpful.
[2971]3. Section 1400.5 Requirement that assassination records
[2972]be released in their entirety
[2974]The introductory paragraph specifies that “no portions
[2975]of any assassination record shall be withheld--solely on
[2976]grounds of non-relevance.” This appears to open the door
[2977]for access to entire documents that contain information on
[2978]sensitive activities even when the documents contain
[2980]14-0000
[2982]information that is only incidental to the assassination,
[2983]such as a passing reference to a name. There is a potential
[2984]risk that sensitive, non-relevant sources and methods would
[2985]be compromised.
[2987]We suggest that the Board consider adding wording to this
[2988]section that accommodates those instances when there is a
[2989]need to release ample information from a document to
[2990]disclose assassination-related material, while still
[2991]protecting obviously unrelated, sensitive information. The
[2992]Board, of course, would continue to have access to the
[2993]entire record.
[2995]4. Section 1400.7 Additional guidance
[2997]Paragraph (da) states “any records identified with
[2998]respect to a particular person also includes any records for
[2999]that person by any other name, pseudonym, codeword,” etc.
[3000]This appears to require that all records on any individuals
[3001]who are merely mentioned in an assassination record be made
[3002]available. Is the objective really to assure that all files
[3003]on an individual or activity be made available regardless of
[3004]the labels on the files ? If so, we suggest that the text be
[3005]modified to reflect this.
[3007]14-00000 .
[3009]de wd JU Abe 22. VU PAA BU fot YVavs ARND wyuu’
[3011]Federal Register / Vol. GO, No. 124 / Wednesday. June 26. 1995 / Rules and Regulations 33345 -
[3013]—_————
[3015]{0) uf this section shall be completed by
[3016]October t, 1995.
[3018]PART 1926—SAFETY AND ttEALTH
[3019]REGULATIONS FOR CONSTRUCTION
[3021]5. The authonty citation of subpart Z
[3022]of 29 CFR Part 1926 is revised tu read
[3023]as follows. :
[3025]Author ity: Sccuuns 6 etal 8, Occupational
[3026]Safety and Health Act, 29 U S.C. 055, 657,
[3027]Secretary of Labur's Crdere Nox 12-71 (36
[3028]FR d754). 6-76 (41 FR 25659), 9-83 (48 FR
[3029]35726) of 1-90 ($3 FR 4u03) as appiicable.
[3030]and 29 CFR pan 1911
[3032]Sechon 1926 1101 also Issued under 5
[3033]USC 553
[3035]Section 1926.1162 nut issued uader 29
[3036]USC. 655 of 29 CFR part 1911. also lsstied
[3037]undet'5 U.S.C 553
[3039]Section 1926 1103 through 1926 1116 alsu
[3040]Issued under 29 U.S.C 653
[3042]Sacthhan 1926.1126 also nsued under 49
[3043]U.S C. 653.
[3045]Section 1926.1145 and 1496 1147 alse
[3046]issued under 29 U.SC 653
[3048]Section 1926 1144 alsa issucd under 29
[3049]US.C 653.
[3051]6 Section 1926.1161 1s amended by
[3053]revising paragraph (q) to read as follows:
[3055]§ 1926.1101 Asbestos.
[3057]. . . . .
[3059](q) Dates. (1) This standard shall
[3060]bocome effective Octobor 11, 1594.
[3062](2) The provisions of 79 CFR 1426.58
[3063]remain ine ifeet until the start-up dates
[3064]of the equivalent provisions of tas
[3065]standard :
[3067](3! Start op dates. AN ebligatons oi
[3068]Ins standaid Commenie ocr Che offechive
[3069]date except as follows
[3071](1) Methods of comphonce. The
[3072]engineuring and werk precuice coutsuls
[3073]1equired by paragraph tp) uf Ons secon
[3074]shall be smplumented by October 1,
[3075]1995 |
[3077](ua) Hespiratory protection.
[3078]Respiratory protection required by
[3079]paragraph (hy of is section shall be
[3080]provided by October 1, 1995.
[3082]Gin) Hyptene facilities and practices
[3083]for employees Hygience foci bites and
[3084]practices required by paragraph ()) of
[3085]this section shall be provided by
[3086]October 1, 1995.
[3088]liv) Communicanon of hazards
[3089]Identiheativa, nuvheauon, labeling and
[3090]sign posting, atid training required by
[3091]paragraph (h) of this section shail be
[3092]provided by October 1, 1995.
[3094](v) Housekeeping Housekeeping
[3095]practices and controls Taquired by
[3096]paragraph (1) uf this section shall be
[3097]provided by October 1, 1995.
[3099](vi) Medical surveillance required by
[3100]paragraph (in) of this section shall Le
[3101]provided by October 1, 1495
[3103](va) The designation and taining of
[3104]competent persons required by
[3106]paragraph (a) of this section shall be
[3107]completed by October 1, 1995.
[3109]IFR Doc. 95-15790 Filed 6-27-95, 8.45 am)
[3110]BILLING CODE 4610-20-
[3112]DEPARTMENT OF EDUCATION
[3114]34. CFA Part 685
[3115]RIN 1630-ACOS
[3117]Willlam DO. Ford Federal Direct Loan
[3118]Program
[3120]AGENCY: Department of Education.
[3122]. ACTION: Final regulates
[3124]SUMMARY: The Secretary amends the
[3125]regulations governing the Walliam D.
[3126]Ford Federal Direct Loan Program to
[3127]add the Office of Management and
[3128]Budget (OMB) contrul number to certain
[3129]sections of the ragulations Those
[3130]sections Contain information collectun
[3131]requiiements appruved by OMB The
[3132]Sccretary takes this action to inform the
[3133]pubhe that these requirements have
[3134]been approved, aud therefore affected
[3135]parties must comply with them.
[3136]EFFECTIVE OaTE: Intuisination collection
[3137]requirements an the tinal regulauons are
[3138]effective on July 1, 1945.
[3140]FOR FURTHER INFORMATION CONTACT:
[3141]Rachel Edelstein, Policy Development
[3142]Oivisiun, Office uf Postsecondary
[3143]Education, US Depsrtment uf
[3144]Fdueation, 666 Independrace Avenue,
[3145]SW | (Roam 4057, ROB- 3). Wasnington,
[3146]YC. 20262-5400. Tehopmutie (2u2) 799-
[3147]4205 Individuals wha urea
[3148]telecummmumications Gevice forthe deaf
[3149](TDD) may coll the Federal Informatin
[3150]Relay Service (TIRS] ot 1-guG-877-43439
[3151]between dam and & pm Easter moe,
[3152]Monday through Fridsy
[3154]SUPPLEMENTARY INFORMATION: Final
[3155]regulations for the William D Furd
[3156]Federal Direct Loan Proyram were
[3157]published on December L, 1994 (59 FR
[3158]61664). Comphauce wath iatormanhon
[3159]collection requaaments in these
[3160]regulations was delayed until those
[3161]requitements were approved by OMS
[3162]under the Paperwork Keducuon Act of
[3163]1680 OMB approved the information
[3164]collection tequirements un December 7,
[3165]194. Those requirements will therefure
[3166]become effective with the other
[3167]provenons of the regatauons on fuly 1,
[3168]1945.
[3170]Waiver of Proposed Rulemaking
[3172]Ibis the pracuce uf the Secretary to
[3173]offer interested parties (he opportunity
[3174]ta comment on proposed regulauans
[3175]However, the publication of OMB
[3176]control numbers ts purely technical and
[3178]dues not establish substantive policy.
[3179]Therefore, the Secretary has determined
[3180]under 5 U.S.C. $53(b)(B). that public
[3181]comrcnt on the regulations is
[3182]unnecessary and contrary to the public
[3183]interest.
[3185]List of Sulyects in 34 CFR Part 685
[3187]Adsninstrative practice and
[3188]pracedure, Colleges and universitios,
[3189]Educauon, Loan programs—education, -
[3190]Reporting and recordkeeping
[3191]requirements. Student aid. Vocational
[3192]education
[3194]Dated. June 23. 1995.
[3196]David A. Lunganecher, :
[3197]Assistont Secretary for Postsecondary
[3198]Education. .
[3200]The Secretary amends Fart 665 of
[3201]Title 34 of the Code of Federal
[3202]Regulations as follows:
[3204]PART 685—WILLIAM D. FORD
[3205]FEDERAL DIRECT LOAN PROGRAM
[3207]1, The authority citation for part 685
[3208]continues to read as follows:
[3210]Authority: 20 U.S.C. 1087a ef seg. untess
[3211]utberwise aoted.
[3213]2. Sections 685 204, 685.2U6, 685.209,
[3214]685.213, 685.214, 695.215, 605.301,
[3215]685.302, 685.303, 683.309, and 645.401
[3216]are amended by adding the OMB control
[3217]number following the secuun tu read as
[3218]follows: .
[3220](Approved by the Office uf Management and
[3221]Budget under contol number 1840-0672)
[3222](FR Duc 9$-15844 Filed 6-27-45 645 unl
[3223]BaUNY COOL 4000-01-P
[3225]ASSASSINATION RECORDS RCVIEW
[3226]BOARD
[3228]36 CFR Chapter XIV
[3230]Guidance on Interpreting and
[3231]implementing the President John F.
[3232]Kennedy Assassination Records
[3233]Collection Act of 1992"
[3235]AGENCY: Assassination Records Keview
[3236]Board.
[3237]ACTION: Fina) regulations.
[3239]SUMMARY: These final interpretive
[3240]regulavens pruvide guidance on the
[3241]interpretation of certain terms included
[3242]in the Fresideat John F Kennedy
[3243]Assassination Kecords Collecuon Act of
[3244]1992 and on unplementation-of cemain
[3245]ol the statute's provisions The tinal
[3246]interpreave regulations moke eliecuve
[3247]the propesed interpretive regulunons
[3248]previously published by the
[3249]Assassinalion Recurds Review Board
[3250](Roviow Buard) The Review Board
[3251]revised the prupused interpretive
[3253]14-00000
[3255]feck Yo AML 24.0U FAN SUL fod Utus ANRKRD WUUS
[3256]e . ‘
[3258]I
[3259]|
[3260]|
[3262]33346 Federal Register f Vol. GO, No. 124 / Wednesday, June 28, 1995 / Rules and Regulations
[3264]Tegulatiuos after considering public
[3265]comment received in writing and
[3266]turougb testimuny at public hearings
[3267]convened by the Review Board.
[3268]EFFCCTIVE DATE: Those sntorpretative
[3269]Tegulatione ajo offoctive june 28, 1945.
[3271]FOR FURTHER Int ORMATION CONTACT:
[3273]T Joremy Guan, Acting General
[3274]Counsel, Assassination Records Review
[3275]Board, 600 E Streot, N.W., 21d Floor,
[3276]Washington, D.C. 20530, (202) 724—
[3277]UUuBs, fax (202) 724-0457.
[3279]SUPPLEMENTARY INFORMATION:
[3281]Background and Statutory Authonty
[3283]~ The President John F. Kennedy
[3284]Assassination Records Collectiun Act of
[3285]1992, 44 U.S.C. 2107 (as emended) (JFK
[3286]Act), ostablished the President Joha F.
[3287]Kunnedy Assassination Kecurds
[3288]Collection UFK Assassination Records
[3289]Collection) at the National Archives and
[3290]Records Adininistration INARA). In
[3291]establishing 4 process fur public
[3292]disclosure of all records relating to the
[3293]assassination, Congress crnated an
[3294]independant Federal agency. the
[3295]Assassination Records Review Board,
[3296]that consists of five citizens appuinted
[3297]by the President and canfinned by the
[3298]Senate in 1994..Under the JFK Act, thy
[3299]Kaview Hoard ts empowered Lo decide
[3300]“whether a record canstitutes an
[3301]assassination record " 44 U S.C
[3302]2107.7(i)(Z)(A). Congress intended that
[3303]the Review Board “issue puidance to
[3304]assist in artuiculanng the scope or
[3305]universe of assassination iecords.”
[3306]President Jain F Kennedy
[3307]Assassination Recurds Collection Act of
[3308]1992, S. Rep. 102-324, 102d Cong , 2d
[3309]Suse. (1992) at 21. These final
[3310]interpretive repulations, a propused
[3311]version of which wore published at 6u
[3312]FR 7506-7508 (Feb. 8, 1995), comply
[3313]with that mandate.
[3315]The Review Board's goal in issuing
[3316]this guidance ts to implement
[3317]cungressional mtent that the JFK
[3318]Callection contain “the most
[3319]camprehonsive disclosure uf recards
[3320]rolated to the assassinauon of Presidant
[3322]Kennedy." S. Rep 102-328, supra at 16.
[3324]The Board 15 also mindtul of Congress's
[3325]instruction that the Board apply
[3326]“broad sud encompassing” working
[3327]definition of “assassination record” in
[3328]urder to achieve the gual uf assembling
[3329]the fullest historical recard on ths
[3330]tragic event in American history and on
[3331]the investipauians that were undertaken
[3332]in the assassination’s shermath. The
[3333]Board recognizes thal many agencies
[3334]began to organize and review recards
[3335]responsive to the JFK Act even before
[3336]the Board was appointed and bepan its
[3337]work. Nevertheless. the Board's aims
[3339]that this guidance will aid in the
[3340]ulumate assembly and public disclosure
[3341]of the fullest possible historical record
[3342]on this tragedy and un subsequent
[3343]investigations and inqurcies into it.
[3345]The final interpretive regulations are
[3346]intended to wdentify comprehensively
[3347]the range of records reasunably related
[3348]to the assassination of Presidunt
[3349]Kennedy and investigations undertaken
[3350]in its aftermath. The final interpretive
[3351]regulations are also intended ta aid in
[3352]the consistent, ellective, and vfficient
[3353]implementation of thu JFK Act and to
[3354]establish procedures for ancluding
[3355]assassinavion records in the JFK
[3356]Assassination Records Collection
[3357]astablished by Congress and housed at
[3358]NARA’s facility in Collepe Park,
[3361]Natice and Comment Process
[3363]The Keview Board sought public
[3364]comment un its proposed interpretive
[3365]segulatous and set a Uhirty-day period,
[3366]which ended on March 10, 1995, for the
[3367]purpose of receiving writen Comments.
[3368]The Koview Board also heard testimony
[3369]at public hearings on aspects of the
[3370]proposed inlerpreuve regulations. In
[3371]addition, the Review Board sent copies
[3372]of the proposed interpretive regulauuns
[3373]to agencies knuwn to have an interest in
[3374]and tu be affected by the Review Board's
[3375]work, particularly those that either
[3376]created or naw hold assassination
[3377]records, and to the appropiate oversight
[3378]committees in Cungress. Tne Review
[3379]Board alsu sent notices uf the proposed
[3380]intucpretive regulations and request fur
[3381]comments to many organizations and
[3382]individuals who have detenstiated an
[3383]interest in the release of materials under
[3384]the JFK Act ur who lave engaged in
[3385]reasearch into the assassination of
[3386]President Kennedy
[3388]The Review Board received written
[3389]comments on the proposed interpretive
[3390]regulations from four Faderal agencies,
[3391]three state and Juval government
[3392]entihes, and twenty-one private
[3393]individuals and organizations with an
[3394]interyst in the Review Buard's work.
[3395]Federal agencies providing writtun
[3396]comments include the Fuderal Bureau ot
[3397]invesugauon (FAI), the Central
[3398]Intelligence Agency (CIA), NARA, and
[3399]the Department of State State or lucal
[3400]government enibes providing written
[3401]Comments anclude the Dallas { fexas)
[3402]County Commissioner's Court, the
[3403]Dallas County Historical Foundation,
[3404]and the City of Dallay Recards
[3405]Management Division of the Olfice of
[3406]the Caty Secretary
[3408]Prior to publication of the proposed
[3409]tuterpretive regulations, the Review
[3410]Board heard testimuny at a public
[3411]hearing held atthe Raview Koard's
[3413]offices on Decembur 14, 1994, froin
[3414]representatives of NARA on the
[3415]question of including artifacts in the
[3416]scope of the term “assassination
[3417]record.” After publicatiun of the
[3418]proposed interpretive regulations and
[3419]before oxpiration uf the comment
[3420]period, the Review Board heard
[3422], tesumony ate public hearing on March
[3424]7, 1995, from the FBI and from several
[3425]individuals and representatives of
[3426]private organizations on their views
[3427]regarding the text of the proposed
[3428]interpretive regulations. Copies of all
[3429]wrilten comments recuived and
[3430]transcripts of public testimony on the
[3431]proposed interpretive regulutions were
[3432]placed in the public reading room at the
[3433]Review Board's offices and made
[3434]available for inspection and copying by
[3435]the public upon request.
[3437]Aca public meeting hyld un Mey 3.
[3438]1995, for which notice wes tiuely
[3439]published in the Federal Reyister
[3440]pursuant to the provisiuns of the
[3441]Goverment in the Sunshine Act, the
[3442]Review Boaid cuusidered a final drutt of
[3443]these interpretive regulations That
[3444]discussion draft 1ncorporated many of
[3445]the conunents recesved by the Review
[3446]Buard on the proposed interpretive
[3447]regulations. The Review Board
[3448]unanimously voted to adopt the text of
[3449]the discussion draft as its final
[3450]interpretive regulations. Thu approved
[3451]text as, wath a how miinur corrections that
[3452]do not change the substance, published
[3453]here.
[3455]Response tu Comments
[3457]The Review Buard fyund very helpful
[3458]the thoughtiul and, in many cases, very
[3459]detailed cominents submitted on the
[3460]Proposed interpretive teyulahans
[3461]Nyarly all of the comnmentators
[3462]eapressed support for what they
[3463]characterized as the proposed
[3464]interpretive repulauons’
[3465]comprehensiveness and flexibility. All
[3466]comments subnoitted were carefully
[3467]studied and considered by the Review
[3468]Board Submitters made both
[3469]substantive and technical suggestions,
[3470]many of which were incorporated into
[3471]the interprative cegulations as issued
[3472]hora mn final form. The summary below
[3473]includes the principal substantive
[3474]comments received and the Review
[3475]Board's rusponses thereto.
[3477]Comment. The proposed language of
[3478]§ 1400 1a) 15 unduly restrictive because
[3479]the phrase “may have led to the
[3480]assassination” requires at least a
[3481]potential causal link to the
[3482]assassination Moreover, determing
[3483]whethec there is @ causal huk would
[3484]rere (he Review Board to evaluate the
[3485]validity of competing accounts of what
[3488]14-0000
[3490]fJbewo WHE LEAL FAN Sut 724 Udon
[3496]Federal Register / Vol. GO, No. 124 / Wednesdav. June 28, 1995 / Rulos and Regulations 33347
[3498]lod tu the assaseinstion of President
[3499]Kounedy
[3501]Response A number of commentators
[3502]put forward criicisins along these Iines.
[3503]Some of these commentators suggested
[3504]that some form of a “reasonably related”
[3505]stondard be cubstututed for the “may
[3506]have led to” language. while others
[3507]suggested altemative formulations (¢ g.
[3508]“that may shed light on the
[3509]assassination”). ln adoptong and
[3510]eventually applying a “reasonably
[3511]related” standard, the Keview Board
[3512]does nut seek to endorse or reject any
[3513]particular theory ot the assassination of
[3514]President Kennedy, although such
[3515]theories may inform the Review Board's
[3516]search for records reasonably related to
[3517]the assassination and investigations into
[3518]it. The Keview Board believes that
[3519]§ 1400.1(a), as now warded, advances
[3520]Uhat effort and will promote a consistent
[3521]broad interpretation and
[3522]iunpleureutetion of the JFK Act.
[3524]nument: The propased language of
[3525]§ 1400. 1a) is tuo broad and open-ended.
[3526]A mor specific nexus to tho
[3527]assassination of Prusidont Kennedy
[3528]should bu required.
[3530]Response. As {ts teat and legislative
[3531]history make clear, the JFK Act
[3532]contyrnpletes that the Review Board
[3533]extend its search for relevant records
[3534]buyond what has buen compiled oz
[3535]roviowed by previcus invesngatious It
[3536]is snuviwble, therefore. that the Review
[3537]Board must exercise judgment in
[3538]deternuning whether such records
[3539]constitute “assassination records.” The
[3540]Keview Board regards its ‘reasonably
[3541]telated” standard as sulficieut to ensure
[3542]thal agencies ate not overburdened with
[3543]identifying and reviewing records that,
[3544]if addud to the JFK Assassination
[3545]kecords Collection. would not advance
[3546]the purposes of the JFK Act
[3548]Conunent Secuon 1400 1 should
[3549]specifically include as assassination
[3550]recurds any records pertaining to
[3551]particularly sdeutilied individuals,
[3552]organizations. events, ete.
[3554]Response: The Review Board
[3555]dotennined that, tn almost every case,
[3556]the types uf records commentators
[3557]sought to add were already adequately
[3558]covered by § 1400.1 ss proposed.
[3559]Accordingly, the Review Board duchned
[3560]to include records or record groups al
[3561]the luval of specificity urged by these
[3562]commoantatars because doing +o might
[3563]limit the scope of the inter pictive
[3564]regulations as eppled iitislly by other
[3565]agencies, or otherwise might prove
[3566]duplicative or confusing However, the
[3567]Review Hoard welcarmes and encourages
[3568]suggestions frum the public as to
[3569]specific records or record groups that
[3570]may constitute assassination records,
[3571]and intends to pursue such leads,
[3573]including those provided an the written
[3574]communts to the Proposed uaterpretve
[3575]regulations
[3576]Camment: Section 1406 2(a) 15 vague
[3577]and ovarly broad in describing the scupe
[3578]of additional records and Lufumuatiun
[3579]Response: The Review Buard lias
[3580]added language to Clarify chat the
[3582]Purpose of requesting additional racurds
[3584]and information under § 1400.2(e) is to
[3586]identify, evaluate, or interpret
[3587]assassination records, wicluding
[3588]assassination records that may not
[3589]initially have been :dentified as such by
[3590]an agency The Keview Hoard alsa has
[3591]addod language tu indicate thal it
[3592]intends tu iinplernent this section
[3593]through written requests signed by is
[3595]Executive Director. The Review Board
[3597]contemplates that, with regard to such
[3599]requests, its staff will work clasely with
[3600]entitigs.to which such requests are
[3601]addrassed to implement the JFK Act
[3602]uffectively and efficiently. ;
[3604]Comment. The scope of additional
[3605]tocords ond information shuuld
[3606]specifically include records and
[3607]intormation that:
[3609]—describe agencies’ methods of
[3610]searching for records:
[3612]—aoscribe reclassificauon, transfer,
[3613]destruction, or uther disposition of
[3614]recards; or
[3616]—do not constitute assassination
[3617]records, but have the potential tu
[3618]enhance, enrich, and broaden the
[3619]histurical record of the assassination.
[3620]Response. To the eatant that the
[3622]inclusion of secords and information of
[3624]the types described would assist the
[3626]Review Board in meeting its
[3628]respunsibilities under the JFK Act, the
[3630]Review Board has adopted the suggested
[3632]language
[3633]Comment. The scape of
[3635]“assassination cords” under § 14u0 1
[3637]and “additional records and
[3639]information” under § 1400.2 should nat
[3640]extend to state and local guvemunent or
[3641]to private records that ara not in the
[3642]possession of the Federal puverament.
[3643]Response The Reviww Board
[3644]considered such comments carefully.
[3645]but concluded that the terms of the JFK
[3647]Act preclude the narrower reading af
[3649]the Review Bourd’s respunsibolities
[3651]urged by such comments. Secuon
[3653]1400.6 allows the Keview Board, 11 its
[3655]discretion, to accept cupies in leu of
[3657]origsnals The Review Board believes
[3658]that this Heaibility addresses the
[3659]concerns of some commentators about
[3660]the removal of onginal terurds already
[3661]housed, for cxamplu, in «tate or local
[3662]archives
[3664]Comment: Secon 1400.3 should
[3665]include as sources Of assassinauon
[3666]records and additional records and
[3669]corporations that possess such material
[3670]even af not obtained from sources
[3671]identified in paragraphs (a) through (8)
[3672]thereof, and should specifically include
[3673]individuals aud corporations that
[3674]cunlracted to pravide goods or services
[3675]to the govestamient.
[3677]Response: The Review Board has
[3678]added paragraph (f) to this secon in
[3679]response to thuco comments. The
[3680]Review Board has coucluded that, in
[3681]view of paragraph (f), speafically
[3682]identifying government contractors or
[3683]other private persons would be
[3684]unnecessary and rodundast.
[3686]Comment. NARA contendyd that .
[3688]§ 1400.4 should not includy artifacts
[3689]among the types of materials included
[3690]in the term “record.” Truating artifacts
[3691]as “records'' would be contrary to
[3692]NARA‘s accustomed practice and the
[3693]usage uf the tenn “records” in other
[3694]areas of Federal records law and would
[3695]result {in substantial practical
[3696]difficulties.
[3698]Hesponse: The Review Board has
[3699]carofully considered NARA‘s objections
[3700]to the inclusion of artifacts as “records,”
[3701]but decided that this inclusion is
[3702]necessary tu achieve the purposes af the
[3703]JFK Act. The Review Board notes that
[3704]artifacts that Gocame exhibits to the
[3705]proceedings of the Warren Coinanuaston
[3706]have lang buen in the custody uf NARA,
[3707]and decided that thoso artifacts shuuld
[3708]remain in the JFK Assassination Rewards
[3709]Collection. The Review Board further
[3710]bylieves that the unique issues ol public
[3711]trust and credibility uf goverment
[3712]prucesses that prompted enactment of
[3713]thy JFK Act require that arufacts be
[3714]included within the JFK Assassination
[3715]Records Colectiun. Tho strong support
[3716]tbat commenting members of the public
[3717]gave to this position reinforces this
[3718]conclusion. The Review Board ancluded
[3719]nits proposed regulauians, and retained
[3720]in 5 1400.7(b)—{c} of the final
[3721]interpretive regulauvons, language
[3722]intended to address NARA’s concerns
[3723]about potuntial copying requirements
[3724]and preservation issues unique lo
[3725]artifacts,
[3727]Comment: Section 1400.5 should be
[3728]inudified ta allow agencies to withhold
[3729]from the JFK Assassination Records
[3731]. Collection material that is nat ulated ta
[3733]the assassination of President Kennedy,
[3734]oven though 1t appears in 4 record that
[3735]contains othec material that 1s related to
[3736]the wssassination of President Kennedy.
[3737]Response: It remains the intent uf this
[3738]section to make Cleat to agencies that, os
[3739]arule, entire records, and not parts
[3740]thereof, are to become part of the JFK
[3741]Assassination Records Collections The
[3742]purpose of requiring that records be
[3743]produced in ther entiraty is to ensure
[3745]14.90000
[3747]le-ga-yo fmt Li.os FAN Sul td Udos Annp WIUUYS
[3749]33348 " Federal Register / Vol. 60, No. 124 / Wednesday, Jue 28, 1995 / Rules and Regulations
[3750]pete rt te Sl a a a
[3751]re
[3753]thet the context and integrity of the
[3754]records be preserved. Only in rare
[3755]instances will tho Review Baard assent
[3756]ta withholding particular information
[3757]within an assassination record on the
[3758]ground that such information te not
[3759]rolovant (o the assassination. Secon
[3760]140u.5 has been modified to clarify that,
[3761]although tie Review Board may allow
[3762]this practice in extraordinary
[3763]Cucwmnstances, this determingtion is
[3764]within the sole direction of the Renew
[3765]Board.
[3767]Comment: Tho discussion of originals
[3768]and copies 1n § 1400.6 is, in verious
[3769]respects, unclear and confusing.
[3771]Response: The Review Board made
[3772]extensive changes to thie ection to
[3773]address these concerns and tw achieve
[3774]greater internal consistency. The Review
[3775]Board's intent in this section is to
[3776]xpress its strong preference for
[3777]including original records in the JFK
[3778]Assassination Records Cullection. but
[3779]also its understanding that, for a vociuty
[3780]of reasons, there may be situations
[3781]where a copy instead of the original of
[3782]@n assassination record may be mure
[3783]appropriate for inclusion in the
[3784]Collection.
[3786]Comment: Section 1400.6 should be
[3787]clarified as to whether “record copies”
[3788]of Fodoral agency may be included 1n
[3789]the JFK Assassination Records
[3790]Collection.
[3792]Response: The Review Board has
[3793]modified § 1400.6la)(1) to clarify that
[3794]the Review Hoard may dolermine that
[3795]rucord copies may be included in the
[3796]Collection.
[3798]Comment: The Catalog of
[3799]Assassination Records (COAR)
[3800]described in § 1400 4 should consist of.
[3801]or be replaced by, the database and
[3802]finding aide prepared by the Federal
[3803]agencies in possession of assassination
[3804]records.
[3806]Response This and other comments
[3807]received regarding the pruposed
[3808]§ 1400.4 indicated some confusion as tu
[3809]the iatent and opsration of the
[3810]tmechanisin established in this section
[3811]For this reason, the Review Board
[3812]decided to replace tho term “Catalog ul
[3813]Assassination Kecords” with the term
[3814]**Nutice of Assassination Recard
[3815]Determination” (NARQO), and to redraft
[3816]this section lu Clarify the Roviow
[3817]Board's intant to use the NARD
[3818]mechanism simply to document the
[3819]Review Board's onpoing determinations
[3820]that, in addition to records uxplicitly
[3821]enumerated in the JFK Actas .
[3822]assassination records (e g, recards
[3823]reviewed by the HSCA) or identified by
[3824]Fedsral agencies in their own searches,
[3825]cortain other records also are
[3826]assassiniuon records ta be included in
[3828]the JFK Assassination Records
[3829]Collection.
[3831]Section by Section Analysis
[3832]Scope of Assassination Record
[3834]As discussed above with regard to the
[3835]public comments, subpatagra ph (a) of
[3837]“reasonably related” standard and the
[3838]term “Catalog of Assassination Records”
[3839]has been replaced with “Notice of
[3840]Assassination Record Determination” in
[3841]subparagraph (b)(3} The final
[3842]interpretive regulations also incorporate
[3843]suggested technical changes, including
[3844]edits for clarification and revision of
[3845]this section's title to make 1t rnore
[3846]precise.
[3848]Scope of Additional Records and
[3849]Information
[3851]The uule of § 1400.2 was revised to
[3852]confurm to the new ttle of § 1400.1.
[3854], Additional editing changes were made
[3856]for clanty A new subpart (G) was added
[3857]tu subparagraph (u)} and a new
[3858]subparograph (f} was udded after
[3859]consideration of comments that noted
[3860]the polenuel vxclusiun of certain
[3861]calayones from the scope of this section
[3862]in the proposed interpretive regulations.
[3863]The Review Board has added language
[3864]inthe final interpretive regulations to
[3865]clarify that the purpose of this secuon
[3866]is to aid in identifying, evaluating or
[3867]interpreting assassination records,
[3868]including assassination records that
[3869]may Oat initially hove been sented
[3870]by an agency. The Review Baurd also
[3871]has added language to suggest that il
[3872]intends to implement this section
[3873]through written requests -igned by the
[3874]Review Board’s Exocutive Director.
[3876]Sources of Assassination Records and
[3877]Additional Records and Infarmanen
[3879]A new subparagraph (p) was added to
[3880]§ 1400.3 after consideration of
[3881]corainents noting the potental
[3882]exclusion of records created by
[3883]individuals or Corporations ur obtained
[3884]from sources other than those elruady
[3885]identified in the previuus
[3886]subparagraphs
[3888]Types of Materials Included in Scope of
[3889]Assassination Record and Additional
[3890]Hecords and Information
[3892]No substanuve change has been made
[3893]to § 1400.4 as it appeared in the
[3894]proposed interpretive regulations
[3896]Kequiszement That Assassination
[3897]Records be Released in Their Enurety
[3899]lo perimut the Review Moard, in ils sole
[3900]discrchun, tu alluw seleese of ouly part
[3901]uf an assassination record where such
[3902]partial reloade is sufficient to comply
[3904]with the intent and purposes of the JFK
[3905]Act. :
[3907]Originals and Copies |
[3909]Extensive changes wuty made to
[3910]§ 1400.6 fur reasons of clarity and
[3911]internal coneistency. The Review Board
[3912]siso mcotporated in the final
[3913]unturprelive regulations language
[3914]clarilying that “record copies” of
[3915]Federal agency records may be included
[3916]in the JFK Assassination Kecords
[3917]Cullectiun and addressing the important
[3918]issuc of preservatlon requirements. In
[3919]this respuct, the Review Hoard sought to
[3920]treat recards in various media ins
[3921]means appropriate to the unique
[3922]characteristics of each medium.
[3924]Additional Guidance
[3926]In the light of comments received, the
[3927]Review Baard extensively revised
[3928]§ 1400.7. Subparagraph (q), as it
[3929]appeared in the proposed interpretive
[3930]regulations, has boen broken inte Uireu
[3931]subparagraphs—new subparagraphs (d),
[3932](e). and (f}—10 avold potontial confusion
[3933]and to add clanty. The intent of these
[3934]subparagraphs 1s 10 make clear that all
[3935]files on an indimdual, event,
[3936]urganizulion or activity are to be made
[3937]available to the Reviow Board regardless
[3938]of the labals on the files, where the
[3939]records may be found, or whether they
[3940]reflect the tre name or identifier uf the
[3941]individual, event organization, or
[3942]activity. ’
[3944]Subparagraphs (b) and (c) § 1400.7
[3945]were included in the proposed
[3946]interpretive regulations and retained in
[3947]the final interpretive rogulotions in
[3948]order to address concerns expressed by
[3949]NARA regarding the inclusion of
[3950]artifacts in the scope of the material
[3951]deemed “assassination records.” Ry
[3952]including these subparagraphs, the
[3953]Review Board wishes ta maka it clear
[3954]that it believes the JFK Act establishes
[3955]unique standarde a6 to the records to be
[3956]included in the JFK Assassination
[3957]Records Collection. By including
[3958]artifacts as a typo of “assassination
[3959]record,” the Raview Board seeks tu
[3960]fulfill sts mandate frows Congress to
[3961]assemble all materials reasunably
[3962]related to the assassinathan an the JFK
[3963]Assassination Records Collection. It is
[3964]hot intendyd that the inclusion here of
[3965]arufacts for purposes of implementing
[3966]the JFK Act should be construed to
[3967]affect the umplemyntation of uther
[3968]tacords laws. Subparayraph [c) is
[3969]miended lo ensure that all artifacts in
[3970]the collection are preserved for posterity
[3971]and that public access be provided to
[3972]those artufacts ina Manner consistent
[3973]with their pruservation. The Review
[3974]Board encourages NARA to set out in
[3975]writing the terme ard Condilions under
[3979]i
[3980](
[3983]14.90000
[3985]r
[3987]g
[3989]at
[3990]#]
[3991]c
[3993]allowed.
[3995]Implementing the JFK Act-—Natice of
[3996]Assassination Records Deternunation
[3998]The Review Board has replaced the
[4000]that appeased in the proposed.
[4001]interpretive regulations and redrafted
[4002]§ 1400.8 to clarify the Renew Board's
[4004]. intont. [n the final interpretive
[4006]segulations, the Keviow Board
[4007]substitutes the term NARD for prior
[4008]references to a “catalog.”
[4010]Paperwork Reduction Act Statement.
[4012]The regulation is nal subject to the
[4013]provisions of the Paperwork Reduction
[4014]Act of 1900 (44 U.S.C. 3501 ef seq.)
[4015]because it dows to contain any
[4016]inforination caullectiun requirements -
[4017]within the meaning of 44 U.S.C.
[4018]3502(4).
[4020]Reyna latory Ficxibshty Act Certification
[4022]As required by the Regulatory
[4023]Fleaibility Act of 1980 (RFA), 5 U.S.C.
[4024]601~—612), the Board certifies that this
[4025]tule, afadopied, wall not have
[4026]signi ficant economic impact on a
[4027]pubstantial number of small yntiues and
[4028]thar, thereforo, a regulatory fluxibilty
[4029]analysis need not be prepared. S U.S.C.
[4030]605(b). The proposed rule would not
[4031]IM passe any ubligations, including any
[4032]obligations on “small entities,” as set
[4033]forth n5 USC 6u2(3) of the
[4034]Regu latory Flexibility Act. or within the
[4035]dofinition of “small businass.” as found
[4036]n15 USC 4232, of within the Small
[4037]Business Size Standards in regulations
[4038]issued by the Small Business
[4039]Administration and codified in 13 CFR
[4041]pat 121.
[4043]Heview by OMB
[4045]This regulation has bean reviewed by
[4046]OMB under Fxecutve Order 12866.
[4048]List of Subjects in 36 CFR Part 1400
[4050]Administrative practice and
[4051]procedury, Archives and .ecords
[4053]Accordingly, be teiew Board hereby
[4054]éstabllishes a new chapier XIV iu tithe 36
[4055]of the Cude of Federal Regulstions ta
[4056]tead as follaws
[4058]THLE 11.53 FAX 2u2 F240 457
[4060]term “Catalog of Assassination Kecords”
[4062]AKKB
[4064]CHAPTER XIV—ASSASSINATION
[4065]RECORDS REVIEW BOARD
[4067]PART 1400—GUIDANCE FOR.
[4068]INTERPRETATION AND —
[4069]IMPLEMENTATION OF THE
[4070]PRESIDENT JOHN F. KENNEDY.
[4071]ASSASSINATION RECORDS
[4072]COLLECTION ACT OF 1992 (JFK ACT)
[4074]Sec.
[4076]1400.1 Scope of assussiaation record -
[4078]1400.2 Scope of additional records and
[4079]infurmation.
[4081]1400.3 Sources of assassination records and
[4082]additional records aod Informatian.
[4084]1400.4 Types of materlals included Ln scope
[4085]of assassination record and edditional
[4086]records and information.
[4088]1400.5 Requirement thet assessination.
[4089]tecotds be released tp thelr endrety..
[4091]1400.6 Orlyinals and coples.
[4093]1400.7 Additional guidauce.
[4095]1400.8 Implementing the JFK Act—Nouce
[4096]of Assassination Kecord Designation ~
[4098]Authority. 44 U.S.C. 2107.
[4100]§ 1400.1 Scope of aysussinution record.; ~
[4102](a) An ossussinution record includes,
[4103]Lut is not limited to, all records, public
[4104]aid private, reyerdiess uf how labeled or
[4105]identified, that daLuwent, describe,
[4106]teport on, analyze or interpret activities,
[4107]persons, or events reasunably related to
[4108]the assassination of President Jahn F
[4109]Kennedy end investigations of or
[4110]inquiries into the assassination.
[4112](b) An assussination record further
[4113]includes, withuut limitation:
[4115](2) All records as defined in Section
[4116]3(2) of the JFK Aut,
[4118]{2} All records cullected by or
[4119]segregated by all Federal, «tate, and
[4120]lucal government agencies in
[4121]conjunction with any investgation or
[4122]analysis of or inquiry intu the
[4123]assassination of l'resident Kennedy (fur
[4124]example, any intra-agency investipation
[4125]ur analysis of or inquuy intu the
[4126]assassination, any intwiagency
[4127]cummunication regarding Ue
[4128]assassination, any request by the House
[4129]Soluct Committee on Assassinations to
[4130]collect documents and other materials:
[4131]or any inter- or intra-agency collection
[4132]or segregation uf ducuments and other
[4133]matunals),
[4135](3) Other records ur groups of records
[4136]listed in the Notice of Assassination
[4137]Record Designation, as described in
[4138]§ 1400.6 of dis chapter.
[4140]§ 1400.2 Scope of additional records and
[4141]information
[4143]The term additional recurds and
[4144]information mcludys
[4146](aj AH documents used by
[4147]yuvertunent offices and agencies during
[4149]assassination records as well as all other
[4150]documents, indices, and otber material
[4154]Federal Register / Vol. GO, No. 124 / Wednesday, June 26,.1995 / Rules and Regulations: 33349
[4155]QQ ae
[4156]* which access to such matenals shall be
[4158]{including but not limited to those that
[4159]disclose cryptonyms, code names, or
[4160]other.identiliers that appear.in.
[4161]assassination records) that the
[4162]Assassination Racords Review Hoard
[4163](Review Baard) has a masonable basis to
[4164]baliove mey consutule an assassination
[4165]record or would assist inthe ~
[4166]identiBcation, evaluavon or
[4167]interpretauon of an essassinetion.
[4168]record. The Review Board will identify
[4169]in writing thase records and other -
[4170]materials it intends to seek undur this
[4171]section
[4173](b) All uaining manuals. instructional
[4174]materials, and guidelines created or
[4175]used by the agunciue yn furthoranco of
[4176]their soviow of assassination records.
[4178](c) All hocords, lists; and documents -
[4179]describing the procedure by which the
[4180]agencies ideutified or sulocted
[4181]occossinotion records for reviow.
[4183](d) Organizational charts of -
[4184]government ageucies.
[4186](e) Records necessary and sufficient to
[4187]describe the agency's:
[4189](1) Records policies and schedules;
[4191]2) Filing systems aud organization;
[4193](3) Storage facilites and Iocatians;
[4195](4) Indexang symbals. marks, codes,
[4196]instructions, purdolinos, methods, and
[4197]procedures;
[4199](5} Search nrethods and. procedures
[4200]used in the porformanco of the agencies®
[4201]duties under the JFK Act; and
[4203](6) Reclassification to a higher level,
[4204]transfer, destruction, or other
[4205]information (2.2 , theft) regarding the
[4206]status of assassinauon records.
[4208](f Any other record that does not fal]
[4209]within the scope of assassination record
[4210]as duscribed an § 1400 1, but which has
[4211]the potential to enhance, earich, and
[4212]broaden the historical record al the
[4213]assassination.
[4215]§ 1400.3 Sources of assassination records
[4216]3n@ additional records and information.
[4218]Assassination records and udditional
[4219]recasds and infornuativn may be located
[4220]at, or wuder the cuntral uf, without
[4221]limitation:
[4223](4) Agenciss, offices, and untitios of
[4224]the executing, legislative, and judicial
[4225]Lranches of the Federal Goverment:
[4227](b) Agencies. offices, and entitics of
[4228]the executive, legislative, and judicial
[4229]branches of state and local governments:
[4231](c) Recurd repusitones and arcluves of
[4232]Faderal, tata, and local governments,
[4233]including presidential libraries;
[4235](dj Record repusitories and archives
[4236]of universines. libranes, bastorical
[4237]socistas, and other similar
[4238]organizations,
[4240](e) Individuals who possess such
[4241]recurds by virtue of service witha
[4242]government agency, office, or cnity:
[4244](Uf Persons, including individuals and
[4245]corporations, who have obtained such
[4247]14-0000
[4249]2.2195
[4251]THU 11.54 FAX 2u2
[4253]33350
[4255]records from sources identifled in
[4256]paragraphs (a) through (0) of this
[4257]Gection,
[4259](g) Persons, including individuals and
[4260]corporations, who have thamselves
[4261]created or havo obtained such recards
[4262]from sources other than thuse identified
[4263]in paragraphs (a) through (v) of chis
[4264]section;
[4266](hb) Federal, state, and local courts
[4267]where such records are being held
[4268]under seal: ar
[4269]_ (i) Foreign govemments.
[4271]§1400.4 Types of matoriuls Included in
[4272]scope of asscainatlon record and
[4273]additional records and Informavon.
[4275]The term record in assassination
[4276]record and additional records and
[4277]information includes, for purposes of
[4278]interpreting and implementing the JFK
[4279]Act:
[4281](a) papors, maps, and other
[4282]documontary material;
[4284](b) photographs:
[4286](c) motion pictures;
[4288](d) sound ond vidvo recordings;
[4290]ony machine readeblc information an
[4293]oth artifacts
[4295]§1440.5 Requirement that assussination
[4296]tocords be released In thelr anuroty.
[4298]An assaesinstian record shall be
[4299]feleased in its enuroty except fur
[4300]portions spearfically postponed
[4301]pursuant to the grounds for
[4302]postponement of public disclosure of
[4303]tocords established in § 2107.6 of the
[4304]JFK Act, and no portion of any
[4305]assassination record shal! be withheld
[4306]from public disclosure solely on
[4307]prounds of non-relevance unless. in the
[4308]Review Buard’s sole discretion. relaase
[4309]af part of a record is sufficient ta
[4310]coraply widh the intent and purpuses of
[4311]the JFK Act
[4313]§1460.6 Originals and copics.
[4315](a) For purposes of delermoning
[4316]whether originals or copies of
[4317]assaseination records will be made part
[4318]of the President John F. Kennedy
[4319]Assassination Records Callecnon JFK
[4320]Assassination Records Collection)
[4321]established under the JFK Act. the
[4322]following shall epply”
[4324](1) in the case of papers, naps. and
[4325]other documentary materials, che
[4326]Revigw Board may determiue that
[4327]record copier of governinent records,
[4328]either the siggied original, original
[4329]production or a repruductivn that has
[4330]been tated as the official record
[4331]Inaintuined to chronicly government
[4332]functions or activities, may te placed in
[4333]the JFK Assassination Records
[4334]Collection;
[4336](2) In che case of other papers, maps,
[4337]and other documentary matenal, the
[4339]T4457
[4341]ARKB
[4343].
[4344]Federal Register / Vul. 60, No. 124 / Wednesday, June 28, 1995 / Kules and Regulations
[4346]Kemew Board may detonning that a true
[4347]and accurals cupy of a record in lieu of
[4348]the original may he placed in the JFK
[4349]Assassination Recards Collection;
[4351](3) In the case of f photographs. the
[4352]original negative, whenever available
[4353](otherwise, the earliest generation print
[4354]that is a true and accurate copy), may be
[4355]placed in the JFK Assassination Rocords
[4356]Collection:
[4358](4) In the case of motion pictures, tho
[4359]camera onginal, whenever availablu
[4360](otherwise, the earliest generation print
[4361]that is a true and accurate copy). may by
[4362]placed in the JFK Assaesinalion Kecards
[4363]Collection;
[4365](5) ln the case of sovnd and viduo
[4366]recordings, tha original recording,
[4367]whenever available (otherwise, the
[4368]earliest ganeration copy that {c a true
[4369]and accurate copy), may by placed in
[4370]the JFK Assassination Rocords
[4371]Collection;
[4373](6) In the case of machine-readable
[4374]iniormahion, 4 true and accutate copy of
[4375]the original (duplicating all infomation
[4376]contained in the original‘and in a tormat
[4377]that permits revieval of the
[4378]infurmetion), may be placed in the JFK
[4379]Assassination Records Collection, and
[4381](7) In the vase of artifacts, the onginal
[4382]objects themselves may be placed in the
[4383]JFK Assassination Racords Collection.
[4385](b) Tu the eatent records from foreign
[4386]govertuvents sre included 1m the JFK
[4387]Assassination Records Coilection,
[4388]copies of the onginal records shall be
[4389]sufficient for inclusion in the collection.
[4391](c) In cases where a copy, as defined
[4392]in paragraph (a) of this section, 1s
[4394]* authonzed by the Review Board to be
[4396]included in the JFK Assassination
[4397]Records Collection, tha Keview Board
[4398]may require that a copy be cerufied if,
[4399]i its discretion, it deturmines a
[4400]Certificauon to tk nucessary to ensure
[4401]the integrity of the JFK Assassination
[4402]Records Collection. In cases where an
[4403]original, as defined in paragraph (a) of
[4404]this section, {6 required for inclusion in
[4405]the JFK Assassiuation Recurds
[4406]Collection, the Review Board may, at its
[4407]discretion, accept the bast available
[4408]copy. In such cases that records
[4409]included 1n the JFK Assassination
[4410]Records Collectian, whether originals or
[4411]copies, contain illegible portions, such
[4412]records shall have attached thereto a
[4413]certified transcription of the illegible
[4414]language to the extent practicable.
[4416](a) For purposes of implementing the
[4417]JFK Act, the turm copy nwens 6 true and
[4418]accurate phutocupy duplication by 4
[4419]Ingans appropfiate to thy medium of the
[4420]onginal rucord that preserves and
[4421]displays the integnty of the recotd and
[4422]the informiuton Contamed in it.
[4424](e) Nothing in thi, sectian shall ve
[4425]nterpzeted to supgost that aduitional
[4427]‘records from being tofarinatted
[4431]‘copies of any assassination records
[4432]containod in the JFK Assassination
[4433]Records Collection are not also
[4434]assassination records tbat, at the Keview
[4435]Board's discretion, may also be placed
[4436]in the JFK Assassination Records
[4437]Collection.
[4439]() Nothing an this section shall be
[4440]interproted to prevent or to preclude
[4441]copies of any electronic assassination
[4443]electronically in order to canforin to
[4444]differant hardward and/or software
[4445]requirements of audioweual or machine
[4446]readable formats if such is the
[4447]professional judginent of the National
[4448]Archives and Records Administration.
[4450]§ 1400.7 Additional guidance.
[4452][a) A government agency, office, or
[4453]entity includes, for purposes of
[4454]interpreting and implementing the JFK
[4455]Act, all current, pust, andfonner *
[4456]dopartments, apuicies, offices,
[4457]divisions, foreign offices, bureaus, and
[4458]deliberative bodies of any Federal, state.
[4459]or local yoVernment end includes all .
[4460]inter- or intra-agency working groups.
[4461]committees, und meetings that possess
[4462]of created records relatiny’to the
[4463]assassination of President John F.
[4464]Kennedy.
[4466](b) The inclusion of artifacts in the
[4467]scupy of the term assassination record is
[4468]understoad to apply solely to the JFK
[4469]Assassination Recards Collection and to
[4470]implement fully the terms of the JFK
[4471]Actand hee no direct or indirect bearing
[4472]on the interpretation or implementation
[4473]of any other statute or regulation.
[4475]tc] Whenever aru facts are included in
[4476]tho JFK Assassination Records
[4477]Collection, it shall be sufficient ta
[4478]comply with the JFK Actifthe pubhc
[4479]is provided accvss tu photographs,
[4480]drawings, or similar materials depicting
[4481]the artifacts. Additional display of or
[4482]exemination by dhe public of artifacts in
[4483]the JFK Assassination Records
[4484]Collection ehull occur under the terms
[4485]and conditions established by the
[4486]National Archives and Records
[4487]Administration to ensure their
[4488]preservauion and protection for
[4489]posterily.
[4491](d) The tonne and. or, any, all, and the
[4492]plural aud singular forms of nouns shall
[4493]be understuud in their-broadest and
[4494]must inclusive sense and shall not be
[4495]understood to be terns of limitation.
[4497](e) Unless the Review Board in its sole
[4498]discretion directs otherwise, records
[4499]that are identified woth respact tu a
[4500]parucular person shall include all
[4501]records ralating to that person that use
[4502]or roflect the true name or any other
[4503]nae, ppeudonym, codeword, symbol
[4504]nutubler, cryptonym, or alias used ta
[4505]identify that person
[4508]vo AHO Ld.09 FAN SUS 624 Udor
[4510]Federal Register / Vol. 60, No. 124 / Wadnesdays June 24, 1995 / Rules and Regulations
[4512]() Unless the Review Baard an its sole
[4513]diecretion directs otherwise, records
[4514]thet are identified by the Review Board
[4515]with respect lo a particular operation or
[4516]program shall include all records.
[4517]pertaining to that program: by any other
[4518]name, psuudonym, codeword, symbol.
[4519]number, of cryplonym
[4521]§ 1400.8 Implementing the JFK Act—
[4522]Notice of Assassination Record
[4523]Designation. .
[4525](a) A Nouce of Assassination Record
[4526]Designation (NARD) shall be the
[4527]miechanisin for the Review Board to
[4528]announce publicly its determination
[4529]that 4 record of group of records meovts
[4530]the definition of assassination records.
[4532](b) Notice of all NARDs wall be
[4534]ublished in the Federal Registet
[4535]within 30 days of the decision to
[4536]desiynate such records as assassination
[4537]records.
[4539]{c) In deterinining to designate such
[4540]records a8 assassination recards, the
[4541]Review Board must dutarmina that the
[4542]sucord or group of record will moce
[4543]likely than nut enhauce, enrich, and
[4544]broaden the historical record ol the
[4545]assessinauun.
[4547]Tratad: June 22, 1S
[4548]David G Maxwell,
[4549]Eaetutive Director Assussinatien Records
[4550]Review Buurd.
[4551]{ER Doc 95-15519 Filed 6-27-95; 6 45 wn)
[4552]BULLING CODE ouze-TO-M
[4554]DEPARTMENT OF THE INTERIOR
[4555]National Park Service
[4557]36 CFR Part?
[4559]RIN 1024-AC14
[4561]National Capital Region Parks; Special
[4562]Regulations; Correction
[4564]AGENCY; National Para Service, Litertor.
[4565]ACTION: Correction to final regulatians
[4567]SUMMARY: This document Contains a
[4568]Correction tu the final regulations which
[4569]were published Friday, April 7, 1995
[4570](60 FR 17639). The regulations limat the
[4571]sales on Fedetal park land tu bovks,
[4572]newspapers, leaflets, pamphlets, buttons
[4573]and bumper stickers and set standards
[4574]for sites, stands and structures used in
[4575]such sales within National Capite!
[4576]Ropion Parks.
[4578]EFFECTIVE DATE: May &, 1995
[4580]FOR f URTHEN INF ORMATION CONIACI:
[4581]Sandra Alley, Associste Regiunal
[4582]Director, Public Aflairs and Tourism,
[4583]National Cupital Region, National Park
[4584]Service, 1100 Ohio Drive SW.
[4585]Washington. 1.C. (202) 619-7223
[4587]ARKB
[4589]SUPPLEMENTARY INFORMATION:
[4590]Need for Correction
[4592]As published, the final rule contains
[4593]one errar which may prove to be
[4594]mislead and 15 in newd of correction.
[4596]Correction of Publication
[4598]Accordingly, the publication on
[4599]Friday, April 7, 1995 (60 FR 17639) of
[4600]the final regulation, FR Doc. 95—-854Y.
[4601]for Natiunal Capital Regiun, is corrected
[4602]as follows.
[4604]In the FR Dor.. 95-4599. appeanng on
[4605]page 17649 in the issue of Friday. April
[4606]7. 14995, the words “the introductory
[4607]text of need tu be added after the word
[4608]“revising” that appears in the first
[4609]column, beginamg on the ninth Jine,
[4610]which now reads “2. Section 7.96 is
[4611]amended by revising paragraph (k)[2) to
[4612]read as follows: 1s cortectud 10 read “2.
[4613]Section 7.96 is amended by revising the
[4614]introductory text of paragraph (kj(2) to
[4615]read as follaws:"
[4617]Datel fune 22, 1995
[4618]Rick Gale,
[4620]Acung Chief, Hanger Actiues Divessan
[4621](FR Duc. 95-15741 Filed 6-21-95, 8.45 an]
[4622]BILLING CODE 4310-70-F
[4624]ce LT
[4626]ENVIRONMENTAL PROTECTION
[4627]AGENCY
[4629]40 CER Parts 52 and 81
[4630][A-1- AL-§248-5]
[4631]Clean Alr Act Pramuigation of
[4633]Extension of Attainment Date for
[4634]Ozony Nonaltainment Area, Maine
[4636]AGENCY: Environmental Protection
[4637]Agency (EPA).
[4638]ACHION: Final rule
[4640]SUMMARY: EPA Is extending the
[4641]attainment date for the Hancock and
[4642]Waldo Countias, a mantinal ozony
[4643]hunattainment arva in Maine to
[4644]November 15, 1994. This extension is
[4645]hasad in part on monitored arr quality
[4646]readings for the natiaual ambsent air
[4647]quality standard for ozone during 1993,
[4648]Thig notice also updates tables in 46
[4649]CFR 52.1024 and 4u CFR 61.320
[4650]cuncenung atlainment dates in the State
[4651]uf Maine
[4653]EFFECTIVE DATE: This extension becomes
[4654]effective July 26. 1995.
[4656]FOR FUATHER INFORMATION CONTACT,
[4657]Rachard P. Burkban, Air, Pesticides and
[4658]Toucs Management Division. U.S.
[4659]Environmental Protection Agency,
[4660]Region |, JFK Federal Bldg., Boston, MA
[4661]02203. Phone. 617-565-3244
[4662]SUPPLEMENTARY INFORMATION: On Fob
[4663]22, 1945 (60 FR 9813). EPA publishad
[4665]Wiuus
[4667]33351
[4669] nutics of proposed Tulemaking (NPR)
[4670]for the State of Maine. The NPK
[4671]proposed extending the attainment
[4672]deadline for ozone for Hancock and
[4673]Waldo Counues, and usked for public
[4674]comment. No cunments Were received.
[4676]CAA Requirements and EPA Actions
[4677]Concerning Designation and
[4678]Classification
[4680]Section 107(d)(4) af the Clean Aur Act
[4681]as amended in 1990 (CAA) tequired the
[4682]Stetes and EPA to designate areas as
[4683]attainment, nonattainment, or
[4684]unclassifiable for vzure as wall as othar
[4685]puilptante for which natronal ambient
[4686]atr quality standards (NAAQS) have
[4688]been set. Section 161(a)(1) (able 1)
[4690]required that ozone nonattainment areas
[4691]be classified as marginal, moderate,
[4692]serious, severe, or extreme, depending
[4693]on their air quality.
[4695]In a series of Federal Register notices,
[4696]EPA complated this procnss by
[4697]designating and classifying all areas of
[4698]tho country tor ozone, See, ¢.g . 56 FR
[4699]54694 (Nov. G, 1991); S7 FR 56762 (Nouv.
[4700]30, 1992): 59 FR 18967 (Apml 21, 1994)
[4702]Areas designated nonattunment for
[4703]zone are required to rueet allainracnt
[4704]dates spucified undor the Act For areas
[4705]classified marginal through uxtreme, tha
[4706]attainment dates rangu from November
[4707]15, 1993 through November 15, 2010. A
[4708]discussion of the attainment dates is
[4709]found in 57 FR 13448 (April 16, 1992)
[4710](tha General Pruambla).
[4712]The Hancock and Waldu Counties,
[4713]Molnu area was designated
[4714]nonatlainment and Classified marginal
[4715]for ozone pursuant to 56 FR 58094 (Nov.
[4716]b, 1991). By this classificanon, its
[4717]attainment date became Novetnber 13,
[4718]1993.
[4720]CAA Requirements and EPA Actions
[4721]Conceruing Meeting the Altainment
[4722]Date
[4724]Section 181(b)()(A) raquires the
[4725]Administrator, within sia months of the
[4726]attainment date, to determin: whether
[4727]ozone nonattumnment areas atlained the
[4728]NAAQS For ozone, EPA deturmines
[4729]attainmont status on the basis of the
[4730]expected number of excecdances at the
[4731]NAAQS over the three-year period up
[4732]to. and including. the attainment date.
[4733]See General Preamble, 97 FR 13566 In
[4734]the case af ozone Marginal |
[4735]nonaltomment areas, the three yeor
[4736]period is 1991-93. CAA section
[4737]161(U)(2)(A) further states Uhat, fur areas
[4738]classified as marginal, moderate, or
[4739]seriuus, if the Administrator detemmines
[4740]that the area did not attatn the standard
[4741]by ats attainmont date, the area must be
[4742]reclassified upwards.
[4744]Howover. CAA section 18al{5]
[4745]provides an exemption frum these bump