[Federal Register Volume 60, Number 124 (Wednesday, June 28, 1995)]
[Rules and Regulations]
[Pages 33345-33351]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-15819]
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ASSASSINATION RECORDS REVIEW BOARD
36 CFR Chapter XIV
Guidance on Interpreting and Implementing the President John F.
Kennedy Assassination Records Collection Act of 1992
AGENCY: Assassination Records Review Board.
ACTION: Final regulations.
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SUMMARY: These final interpretive regulations provide guidance on the
interpretation of certain terms included in the President John F.
Kennedy Assassination Records Collection Act of 1992 and on
implementation of certain of the statute's provisions. The final
interpretive regulations make effective the proposed interpretive
regulations previously published by the Assassination Records Review
Board (Review Board). The Review Board revised the proposed
interpretive [[Page 33346]] regulations after considering public
comment received in writing and through testimony at public hearings
convened by the Review Board.
EFFECTIVE DATE: These interpretative regulations are effective June 28,
1995.
FOR FURTHER INFORMATION CONTACT:
T. Jeremy Gunn, Acting General Counsel, Assassination Records Review
Board, 600 E Street, N.W., 2nd Floor, Washington, D.C. 20530, (202)
724-0088, fax (202) 724-0457.
SUPPLEMENTARY INFORMATION:
Background and Statutory Authority
The President John F. Kennedy Assassination Records Collection Act
of 1992, 44 U.S.C. 2107 (as amended) (JFK Act), established the
President John F. Kennedy Assassination Records Collection (JFK
Assassination Records Collection) at the National Archives and Records
Administration (NARA). In establishing a process for public disclosure
of all records relating to the assassination, Congress created an
independent Federal agency, the Assassination Records Review Board,
that consists of five citizens appointed by the President and confirmed
by the Senate in 1994. Under the JFK Act, the Review Board is empowered
to decide ``whether a record constitutes an assassination record.'' 44
U.S.C. 2107.7(i)(2)(A). Congress intended that the Review Board ``issue
guidance to assist in articulating the scope or universe of
assassination records.'' President John F. Kennedy Assassination
Records Collection Act of 1992, S. Rep. 102-328, 102d Cong., 2d Sess.
(1992) at 21. These final interpretive regulations, a proposed version
of which were published at 60 FR 7506-7508 (Feb. 8, 1995), comply with
that mandate.
The Review Board's goal in issuing this guidance is to implement
congressional intent that the JFK Collection contain ``the most
comprehensive disclosure of records related to the assassination of
President Kennedy.'' S. Rep. 102-328, supra at 18. The Board is also
mindful of Congress's instruction that the Board apply a ``broad and
encompassing'' working definition of ``assassination record'' in order
to achieve the goal of assembling the fullest historical record on this
tragic event in American history and on the investigations that were
undertaken in the assassination's aftermath. The Board recognizes that
many agencies began to organize and review records responsive to the
JFK Act even before the Board was appointed and began its work.
Nevertheless, the Board's aim is that this guidance will aid in the
ultimate assembly and public disclosure of the fullest possible
historical record on this tragedy and on subsequent investigations and
inquiries into it.
The final interpretive regulations are intended to identify
comprehensively the range of records reasonably related to the
assassination of President Kennedy and investigations undertaken in its
aftermath. The final interpretive regulations are also intended to aid
in the consistent, effective, and efficient implementation of the JFK
Act and to establish procedures for including assassination records in
the JFK Assassination Records Collection established by Congress and
housed at NARA's facility in College Park, Maryland.
Notice and Comment Process
The Review Board sought public comment on its proposed interpretive
regulations and set a thirty-day period, which ended on March 10, 1995,
for the purpose of receiving written comments. The Review Board also
heard testimony at public hearings on aspects of the proposed
interpretive regulations. In addition, the Review Board sent copies of
the proposed interpretive regulations to agencies known to have an
interest in and to be affected by the Review Board's work, particularly
those that either created or now hold assassination records, and to the
appropriate oversight committees in Congress. The Review Board also
sent notices of the proposed interpretive regulations and request for
comments to many organizations and individuals who have demonstrated an
interest in the release of materials under the JFK Act or who have
engaged in research into the assassination of President Kennedy.
The Review Board received written comments on the proposed
interpretive regulations from four Federal agencies, three state and
local government entities, and twenty-one private individuals and
organizations with an interest in the Review Board's work. Federal
agencies providing written comments include the Federal Bureau of
Investigation (FBI), the Central Intelligence Agency (CIA), NARA, and
the Department of State. State or local government entities providing
written comments include the Dallas (Texas) County Commissioner's
Court, the Dallas County Historical Foundation, and the City of Dallas
Records Management Division of the Office of the City Secretary.
Prior to publication of the proposed interpretive regulations, the
Review Board heard testimony at a public hearing held at the Review
Board's offices on December 14, 1994, from representatives of NARA on
the question of including artifacts in the scope of the term
``assassination record.'' After publication of the proposed
interpretive regulations and before expiration of the comment period,
the Review Board heard testimony at a public hearing on March 7, 1995,
from the FBI and from several individuals and representatives of
private organizations on their views regarding the text of the proposed
interpretive regulations. Copies of all written comments received and
transcripts of public testimony on the proposed interpretive
regulations were placed in the public reading room at the Review
Board's offices and made available for inspection and copying by the
public upon request.
At a public meeting held on May 3, 1995, for which notice was
timely published in the Federal Register pursuant to the provisions of
the Government in the Sunshine Act, the Review Board considered a final
draft of these interpretive regulations. That discussion draft
incorporated many of the comments received by the Review Board on the
proposed interpretive regulations. The Review Board unanimously voted
to adopt the text of the discussion draft as its final interpretive
regulations. The approved text is, with a few minor corrections that do
not change the substance, published here.
Response to Comments
The Review Board found very helpful the thoughtful and, in many
cases, very detailed comments submitted on the proposed interpretive
regulations. Nearly all of the commentators expressed support for what
they characterized as the proposed interpretive regulations'
comprehensiveness and flexibility. All comments submitted were
carefully studied and considered by the Review Board. Submitters made
both substantive and technical suggestions, many of which were
incorporated into the interpretive regulations as issued here in final
form. The summary below includes the principal substantive comments
received and the Review Board's responses thereto.
Comment: The proposed language of Sec. 1400.1(a) is unduly
restrictive because the phrase ``may have led to the assassination''
requires at least a potential causal link to the assassination.
Moreover, determining whether there is a causal link would require the
Review Board to evaluate the validity of competing accounts of what
[[Page 33347]] led to the assassination of President Kennedy.
Response: A number of commentators put forward criticisms along
these lines. Some of these commentators suggested that some form of a
``reasonably related'' standard be substituted for the ``may have led
to'' language, while others suggested alternative formulations (e.g.,
``that may shed light on the assassination''). In adopting and
eventually applying a ``reasonably related'' standard, the Review Board
does not seek to endorse or reject any particular theory of the
assassination of President Kennedy, although such theories may inform
the Review Board's search for records reasonably related to the
assassination and investigations into it. The Review Board believes
that Sec. 1400.1(a), as now worded, advances that effort and will
promote a consistent broad interpretation and implementation of the JFK
Act.
Comment: The proposed language of Sec. 1400.1(a) is too broad and
open-ended. A more specific nexus to the assassination of President
Kennedy should be required.
Response: As its text and legislative history make clear, the JFK
Act contemplates that the Review Board extend its search for relevant
records beyond what has been compiled or reviewed by previous
investigations. It is inevitable, therefore, that the Review Board must
exercise judgment in determining whether such records constitute
``assassination records.'' The Review Board regards its ``reasonably
related'' standard as sufficient to ensure that agencies are not
overburdened with identifying and reviewing records that, if added to
the JFK Assassination Records Collection, would not advance the
purposes of the JFK Act.
Comment: Section 1400.1 should specifically include as
assassination records any records pertaining to particularly identified
individuals, organizations, events, etc.
Response: The Review Board determined that, in almost every case,
the types of records commentators sought to add were already adequately
covered by Sec. 1400.1 as proposed. Accordingly, the Review Board
declined to include records or record groups at the level of
specificity urged by these commentators because doing so might limit
the scope of the interpretive regulations as applied initially by other
agencies, or otherwise might prove duplicative or confusing. However,
the Review Board welcomes and encourages suggestions from the public as
to specific records or record groups that may constitute assassination
records, and intends to pursue such leads, including those provided in
the written comments to the proposed interpretive regulations.
Comment: Section 1400.2(a) is vague and overly broad in describing
the scope of additional records and information.
Response: The Review Board has added language to clarify that the
purpose of requesting additional records and information under
Sec. 1400.2(a) is to identify, evaluate, or interpret assassination
records, including assassination records that may not initially have
been identified as such by an agency. The Review Board also has added
language to indicate that it intends to implement this section through
written requests signed by its Executive Director. The Review Board
contemplates that, with regard to such requests, its staff will work
closely with entities to which such requests are addressed to implement
the JFK Act effectively and efficiently.
Comment: The scope of additional records and information should
specifically include records and information that:
--describe agencies' methods of searching for records;
--describe reclassification, transfer, destruction, or other
disposition of records; or
--do not constitute assassination records, but have the potential to
enhance, enrich, and broaden the historical record of the
assassination.
Response: To the extent that the inclusion of records and
information of the types described would assist the Review Board in
meeting its responsibilities under the JFK Act, the Review Board has
adopted the suggested language.
Comment: The scope of ``assassination records'' under Sec. 1400.1
and ``additional records and information'' under Sec. 1400.2 should not
extend to state and local government or to private records that are not
in the possession of the Federal government.
Response: The Review Board considered such comments carefully, but
concluded that the terms of the JFK Act preclude the narrower reading
of the Review Board's responsibilities urged by such comments. Section
1400.6 allows the Review Board, in its discretion, to accept copies in
lieu of originals. The Review Board believes that this flexibility
addresses the concerns of some commentators about the removal of
original records already housed, for example, in state or local
archives.
Comment: Section 1400.3 should include as sources of assassination
records and additional records and information individuals and
corporations that possess such material even if not obtained from
sources identified in paragraphs (a) through (e) thereof, and should
specifically include individuals and corporations that contracted to
provide goods or services to the government.
Response: The Review Board has added paragraph (f) to this section
in response to these comments. The Review Board has concluded that, in
view of paragraph (f), specifically identifying government contractors
or other private persons would be unnecessary and redundant.
Comment: NARA contended that Sec. 1400.4 should not include
artifacts among the types of materials included in the term ``record.''
Treating artifacts as ``records'' would be contrary to NARA's
accustomed practice and the usage of the term ``records'' in other
areas of Federal records law and would result in substantial practical
difficulties.
Response: The Review Board has carefully considered NARA's
objections to the inclusion of artifacts as ``records,'' but decided
that this inclusion is necessary to achieve the purposes of the JFK
Act. The Review Board notes that artifacts that became exhibits to the
proceedings of the Warren Commission have long been in the custody of
NARA, and decided that these artifacts should remain in the JFK
Assassination Records Collection. The Review Board further believes
that the unique issues of public trust and credibility of government
processes that prompted enactment of the JFK Act require that artifacts
be included within the JFK Assassination Records Collection. The strong
support that commenting members of the public gave to this position
reinforces this conclusion. The Review Board included in its proposed
regulations, and retained in Sec. 1400.7(b)-(c) of the final
interpretive regulations, language intended to address NARA's concerns
about potential copying requirements and preservation issues unique to
artifacts.
Comment: Section 1400.5 should be modified to allow agencies to
withhold from the JFK Assassination Records Collection material that is
not related to the assassination of President Kennedy, even though it
appears in a record that contains other material that is related to the
assassination of President Kennedy.
Response: It remains the intent of this section to make clear to
agencies that, as a rule, entire records, and not parts thereof, are to
become part of the JFK Assassination Records Collection. The purpose of
requiring that records be produced in their entirety is to ensure
[[Page 33348]] that the context and integrity of the records be
preserved. Only in rare instances will the Review Board assent to
withholding particular information within an assassination record on
the ground that such information is not relevant to the assassination.
Section 1400.5 has been modified to clarify that, although the Review
Board may allow this practice in extraordinary circumstances, this
determination is within the sole direction of the Review Board.
Comment: The discussion of originals and copies in Sec. 1400.6 is,
in various respects, unclear and confusing.
Response: The Review Board made extensive changes to this section
to address these concerns and to achieve greater internal consistency.
The Review Board's intent in this section is to express its strong
preference for including original records in the JFK Assassination
Records Collection, but also its understanding that, for a variety of
reasons, there may be situations where a copy instead of the original
of an assassination record may be more appropriate for inclusion in the
Collection.
Comment: Section 1400.6 should be clarified as to whether ``record
copies'' of Federal agency may be included in the JFK Assassination
Records Collection.
Response: The Review Board has modified Sec. 1400.6(a)(1) to
clarify that the Review Board may determine that record copies may be
included in the Collection.
Comment: The Catalog of Assassination Records (COAR) described in
Sec. 1400.8 should consist of, or be replaced by, the database and
finding aids prepared by the Federal agencies in possession of
assassination records.
Response: This and other comments received regarding the proposed
Sec. 1400.8 indicated some confusion as to the intent and operation of
the mechanism established in this section. For this reason, the Review
Board decided to replace the term ``Catalog of Assassination Records''
with the term ``Notice of Assassination Record Determination'' (NARD),
and to redraft this section to clarify the Review Board's intent to use
the NARD mechanism simply to document the Review Board's ongoing
determinations that, in addition to records explicitly enumerated in
the JFK Act as assassination records (e.g., records reviewed by the
HSCA) or identified by Federal agencies in their own searches, certain
other records also are assassination records to be included in the JFK
Assassination Records Collection.
Section by Section Analysis
Scope of Assassination Record
As discussed above with regard to the public comments, subparagraph
(a) of Sec. 1400.1 has been modified to adopt a ``reasonably related''
standard and the term ``Catalog of Assassination Records'' has been
replaced with ``Notice of Assassination Record Determination'' in
subparagraph (b)(3). The final interpretive regulations also
incorporate suggested technical changes, including edits for
clarification and revision of this section's title to make it more
precise.
Scope of Additional Records and Information
The title of Sec. 1400.2 was revised to conform to the new title of
Sec. 1400.1. Additional editing changes were made for clarity. A new
subpart (6) was added to subparagraph (e) and a new subparagraph (f)
was added after consideration of comments that noted the potential
exclusion of certain categories from the scope of this section in the
proposed interpretive regulations. The Review Board has added language
in the final interpretive regulations to clarify that the purpose of
this section is to aid in identifying, evaluating or interpreting
assassination records, including assassination records that may not
initially have been identified by an agency. The Review Board also has
added language to suggest that it intends to implement this section
through written requests signed by the Review Board's Executive
Director.
Sources of Assassination Records and Additional Records and Information
A new subparagraph (g) was added to Sec. 1400.3 after consideration
of comments noting the potential exclusion of records created by
individuals or corporations or obtained from sources other than those
already identified in the previous subparagraphs.
Types of Materials Included in Scope of Assassination Record and
Additional Records and Information
No substantive change has been made to Sec. 1400.4 as it appeared
in the proposed interpretive regulations.
Requirement That Assassination Records be Released in Their Entirety
Language has been added to Sec. 1400.5 to permit the Review Board,
in its sole discretion, to allow release of only part of an
assassination record where such partial release is sufficient to comply
with the intent and purposes of the JFK Act.
Originals and Copies
Extensive changes were made to Sec. 1400.6 for reasons of clarify
and internal consistency. The Review Board also incorporated in the
final interpretive regulations language clarifying that ``record
copies'' of Federal agency records may be included in the JFK
Assassination Records Collection and addressing the important issue of
preservation requirements. In this respect, the Review Board sought to
treat records in various media in a means appropriate to the unique
characteristics of each medium.
Additional Guidance
In the light of comments received, the Review Board extensively
revised Sec. 1400.7. Subparagraph (d), as it appeared in the proposed
interpretive regulations, has been broken into three subparagraphs--new
subparagraphs (d), (e), and (f)--to avoid potential confusion and to
add clarity. The intent of these subparagraphs is to make clear that
all files on an individual, event, organization or activity are to be
made available to the Review Board regardless of the labels on the
files, where the records may be found, or whether they reflect the true
name or identifier of the individual, event organization, or activity.
Subparagraphs (b) and (c) Sec. 1400.7 were included in the proposed
interpretive regulations and retained in the final interpretive
regulations in order to address concerns expressed by NARA regarding
the inclusion of artifacts in the scope of the material deemed
``assassination records.'' By including these subparagraphs, the Review
Board wishes to make it clear that it believes the JFK Act establishes
unique standards as to the records to be included in the JFK
Assassination Records Collection. By including artifacts as a type of
``assassination record,'' the Review Board seeks to fulfill its mandate
from Congress to assemble all materials reasonably related to the
assassination in the JFK Assassination Records Collection. It is not
intended that the inclusion here of artifacts for purposes of
implementing the JFK Act should be construed to affect the
implementation of other records laws. Subparagraph (c) is intended to
ensure that all artifacts in the collection are preserved for posterity
and that public access be provided to those artifacts in a manner
consistent with their preservation. The Review Board encourages NARA to
set out in writing the terms and conditions under [[Page 33349]] which
access to such materials shall be allowed.
Implementing the JFK Act--Notice of Assassination Records Determination
The Review Board has replaced the term ``Catalog of Assassination
Records'' that appeared in the proposed interpretive regulations and
redrafted Sec. 1400.8 to clarify the Review Board's intent. In the
final interpretive regulations, the Review Board substitutes the term
NARD for prior references to a ``catalog.''
Paperwork Reduction Act Statement
The regulation is not subject to the provisions of the Paperwork
Reduction Act of 1980 (44 U.S.C. 3501 et seq.) because it does to
contain any information collection requirements within the meaning of
44 U.S.C. 3502(4).
Regulatory Flexibility Act Certification
As required by the Regulatory Flexibility Act of 1980 (RFA), 5
U.S.C. 601-612), the Board certifies that this rule, if adopted, will
not have a significant economic impact on a substantial number of small
entities and that, therefore, a regulatory flexibility analysis need
not be prepared, 5 U.S.C. 605(b). The proposed rule would not impose
any obligations, including any obligations on ``small entities,'' as
set forth in 5 U.S.C. 601(3) of the Regulatory Flexibility Act, or
within the definition of ``small business,'' as found in 15 U.S.C. 632,
or within the Small Business Size Standards in regulations issued by
the Small Business Administration and codified in 13 CFR part 121.
Review by OMB
This regulation has been reviewed by OMB under Executive Order
12866.
List of Subjects in 36 CFR Part 1400
Administrative practice and procedure, Archives and records.
Accordingly, the review Board hereby establishes a new chapter XIV
in title 36 of the Code of Federal Regulations to read as follows:
CHAPTER XIV--ASSASSINATION RECORDS REVIEW BOARD
PART 1400--GUIDANCE FOR INTERPRETATION AND IMPLEMENTATION OF THE
PRESIDENT JOHN F. KENNEDY ASSASSINATION RECORDS COLLECTION ACT OF
1992 (JFK ACT)
Sec.
1400.1 Scope of assassination record.
1400.2 Scope of additional records and information.
1400.3 Sources of assassination records and additional records and
information.
1400.4 Types of materials included in scope of assassination record
and additional records and information.
1400.5 Requirement that assassination records be released in their
entirety.
1400.6 Originals and copies.
1400.7 Additional guidance.
1400.8 Implementing the JFK Act--Notice of Assassination Record
Designation.
Authority: 44 U.S.C. 2107.
Sec. 1400.1 Scope of assassination record.
(a) An assassination record includes, but is not limited to, all
records, public and private, regardless of how labeled or identified,
that document, describe, report on, analyze or interpret activities,
persons, or events reasonably related to the assassination of President
John F. Kennedy and investigations of or inquiries into the
assassination.
(b) An assassination record further includes, without limitation:
(1) All records as defined in Section 3(2) of the JFK Act;
(2) All records collected by or segregated by all Federal, state,
and local government agencies in conjunction with any investigation or
analysis of or inquiry into the assassination of President Kennedy (for
example, any intra-agency investigation or analysis of or inquiry into
the assassination; any interagency communication regarding the
assassination; any request by the House Select Committee on
Assassinations to collect documents and other materials; or any inter-
or intra-agency collection or segregation of documents and other
materials);
(3) Other records or groups of records listed in the Notice of
Assassination Record Designation, as described in Sec. 1400.8 of this
chapter.
Sec. 1400.2 Scope of additional records and information.
The term additional records and information includes:
(a) All documents used by government offices and agencies during
their declassification review of assassination records as well as all
other documents, indices, and other material (including but not limited
to those that disclose cryptonyms, code names, or other identifiers
that appear in assassination records) that the Assassination Records
Review Board (Review Board) has a reasonable basis to believe may
constitute an assassination record or would assist in the
identification, evaluation or interpretation of an assassination
record. The Review Board will identify in writing those records and
other materials it intends to seek under this section.
(b) All training manuals, instructional materials, and guidelines
created or used by the agencies in furtherance of their review of
assassination records.
(c) All records, lists, and documents describing the procedure by
which the agencies identified or selected assassination records for
review.
(d) Organizational charts of government agencies.
(e) Records necessary and sufficient to describe the agency's:
(1) Records policies and schedules;
(2) Filing systems and organization;
(3) Storage facilities and locations;
(4) Indexing symbols, marks, codes, instructions, guidelines,
methods, and procedures;
(5) Search methods and procedures used in the performance of the
agencies' duties under the JFK Act; and
(6) Reclassification to a higher level, transfer, destruction, or
other information (e.g., theft) regarding the status of assassination
records.
(f) Any other record that does not fall within the scope of
assassination record as described in Sec. 1400.1, but which has the
potential to enhance, enrich, and broaden the historical record of the
assassination.
Sec. 1400.3 Sources of assassination records and additional records
and information.
Assassination records and additional records and information may be
located at, or under the control of, without limitation:
(a) Agencies, offices, and entities of the executing, legislative,
and judicial branches of the Federal Government;
(b) Agencies, offices, and entities of the executive, legislative,
and judicial branches of state and local governments;
(c) Record repositories and archives of Federal, state, and local
governments, including presidential libraries;
(d) Record repositories and archives of universities, libraries,
historical societies, and other similar organizations;
(e) Individuals who possess such records by virtue of service with
a government agency, office, or entity;
(f) Persons, including individuals and corporations, who have
obtained such [[Page 33350]] records from sources identified in
paragraphs (a) through (e) of this section;
(g) Persons, including individuals and corporations, who have
themselves created or have obtained such records from sources other
than those identified in paragraphs (a) through (e) of this section;
(h) Federal, state, and local courts where such records are being
held under seal; or
(i) Foreign governments.
Sec. 1400.4 Types of materials included in scope of assassination
record and additional records and information.
The term record in assassination record and additional records and
information includes, for purposes of interpreting and implementing the
JFK Act:
(a) papers, maps, and other documentary material;
(b) photographs;
(c) motion pictures;
(d) sound and video recordings;
(e) machine readable information in any form; and
(f) artifacts.
Sec. 1440.5 Requirement that assassination records be released in
their entirety.
An assassination record shall be released in its entirety except
for portions specifically postponed pursuant to the grounds for
postponement of public disclosure of records established in Sec. 2107.6
of the JFK Act, and no portion of any assassination record shall be
withheld from public disclosure solely on grounds of non-relevance
unless, in the Review Board's sole discretion, release of part of a
record is sufficient to comply with the intent and purposes of the JFK
Act.
Sec. 1400.6 Originals and copies.
(a) For purposes of determining whether originals or copies of
assassination records will be made part of the President John F.
Kennedy Assassination Records Collection (JFK Assassination Records
Collection) established under the JFK Act, the following shall apply:
(1) In the case of papers, maps, and other documentary materials,
the Review Board may determine that record copies of government
records, either the signed original, original production or a
reproduction that has been treated as the official record maintained to
chronicle government functions or activities, may be placed in the JFK
Assassination Records Collection;
(2) In the case of other papers, maps, and other documentary
material, the Review Board may determine that a true and accurate copy
of a record in lieu of the original may be placed in the JFK
Assassination Records Collection;
(3) In the case of photographs, the original negative, whenever
available (otherwise, the earliest generation print that is a true and
accurate copy), may be placed in the JFK Assassination Records
Collection;
(4) In the case of motion pictures, the camera original, whenever
available (otherwise, the earliest generation print that is a true and
accurate copy), may be placed in the JFK Assassination Records
Collection;
(5) In the case of sound and video recordings, the original
recording, whenever available (otherwise, the earliest generation copy
that is a true and accurate copy), may be placed in the JFK
Assassination Records Collection;
(6) In the case of machine-readable information, a true and
accurate copy of the original (duplicating all information contained in
the original and in a format that permits retrieval of the
information), may be placed in the JFK Assassination Records
Collection; and
(7) In the case of artifacts, the original objects themselves may
be placed in the JFK Assassination Records Collection.
(b) To the extent records from foreign governments are included in
the JFK Assassination Records Collection, copies of the original
records shall be sufficient for inclusion in the collection.
(c) In cases where a copy, as defined in paragraph (a) of this
section, is authorized by the Review Board to be included in the JFK
Assassination Records Collection, the Review Board may require that a
copy be certified if, in its discretion, it determines a certification
to be necessary to ensure the integrity of the JFK Assassination
Records Collection. In cases where an original, as defined in paragraph
(a) of this section, is required for inclusion in the JFK Assassination
Records Collection, the Review Board may, at its discretion, accept the
best available copy. In such cases that records included in the JFK
Assassination Records Collection, whether originals or copies, contain
illegible portions, such records shall have attached thereto a
certified transcription of the illegible language to the extent
practicable.
(d) For purposes of implementing the JFK Act, the term copy means a
true and accurate photocopy duplication by a means appropriate to the
medium of the original record that preserves and displays the integrity
of the record and the information contained in it.
(e) Nothing in this section shall be interpreted to suggest that
additional copies of any assassination records contained in the JFK
Assassination Records Collection are not also assassination records
that, at the Review Board's discretion, may also be placed in the JFK
Assassination Records Collection.
(f) Nothing in this section shall be interpreted to prevent or to
preclude copies of any electronic assassination records from being
reformatted electronically in order to conform to different hardward
and/or software requirements of audiovisual or machine readable formats
if such is the professional judgment of the National Archives and
Records Administration.
Sec. 1400.7 Additional guidance.
(a) A government agency, office, or entity includes, for purposes
of interpreting and implementing the JFK Act, all current, past, and
former departments, agencies, offices, divisions, foreign offices,
bureaus, and deliberative bodies of any Federal, state, or local
government and includes all inter- or intra-agency working groups,
committees, and meetings that possess or created records relating to
the assassination of President John F. Kennedy.
(b) The inclusion of artifacts in the scope of the term
assassination record is understood to apply solely to the JFK
Assassination Records Collection and to implement fully the terms of
the JFK Act and has no direct or indirect bearing on the interpretation
or implementation of any other statute or regulation.
(c) Whenever artifacts are included in the JFK Assassination
Records Collection, it shall be sufficient to comply with the JFK Act
if the public is provided access to photographs, drawings, or similar
materials depicting the artifacts. Additional display of or examination
by the public of artifacts in the JFK Assassination Records Collection
shall occur under the terms and conditions established by the National
Archives and Records Administration to ensure their preservation and
protection for posterity.
(d) The terms and, or, any, all, and the plural and singular forms
of nouns shall be understood in their broadest and most inclusive sense
and shall not be understood to be terms of limitation.
(e) Unless the Review Board in its sole discretion directs
otherwise, records that are identified with respect to a particular
person shall include all records ralating to that person that use or
reflect the true name or any other name, pseudonym, codeword, symbol
number, cryptonym, or alias used to identify that
person. [[Page 33351]]
(f) Unless the Review Board in its sole discretion directs
otherwise, records that are identified by the Review Board with respect
to a particular operation or program shall include all records,
pertaining to that program by any other name, pseudonym, codeword,
symbol, number, or cryptonym.
Sec. 1400.8 Implementing the JFK Act--Notice of Assassination Record
Designation.
(a) A Notice of Assassination Record Designation (NARD) shall be
the mechanism for the Review Board to announce publicly its
determination that a record or group of records meets the definition of
assassination records.
(b) Notice of all NARDs will be published in the Federal Register
within 30 days of the decision to designate such records as
assassination records.
(c) In determining to designate such records as assassination
records, the Review Board must determine that the record or group of
record will more likely than not enhance, enrich, and broaden the
historical record of the assassination.
Dated: June 22, 1995.
David G. Maxwell,
Executive Director Assassination Records Review Board.
[FR Doc. 95-15819 Filed 6-27-95; 8:45 am]
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