[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]



=======================================================================
-----------------------------------------------------------------------

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.

-----------------------------------------------------------------------

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]
BILLING CODE 6820-TD-M