About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline
LOG IN
LOG IN

14 FOIA Update 1 (1993)

handle is hein.journals/foiaupd14 and id is 1 raw text is: U.S. Department of Justice Office of Policy and Communications Office of Information and Privacy Vol. XIV, No. 1 Winter 1993 EDIA UPDATE Agencies Implement New JFK Statute Federal agencies are now implementing a new federal statute, one somewhat akin to the Freedom of Information Act that provides for special pub- lic disclosure of records related to the assassi- nation of President John F. Kennedy. JFK Assassination Records Collection Act The new statute, entitled the President John F. Kennedy Assassination Records Collection Act of 1992, Pub. L. No. 102-526, 106 Stat. 3443 (to be codified at 44 U.S.C. § 2107 note), was passed by Congress last year in the midst of heightened pub- lic interest in the Kennedy assassination after release of the controversial film JFK. It be- came effective immediately upon being signed into law on October 26. Under this new statute, all Kennedy assassi- nation-related records maintained by the federal government are to be identified and processed for inclusion in a special collection of such records that will be made available for public inspection and copying at the National Archives. This in- cludes many thousands of records compiled on the assassination by congressional conmittees during the 1970s, most notably the House Select Conmittee on Assassinations, and excludes only the autopsy records donated to the National Archives pursuant to a deed of gift by the Kennedy family. To implement the JFK Assassination Records Collection Act, all federal agencies are now re- quired to identify and organize any records in their possession relating to the Kennedy assas- sination and to prepare them for transmission to the National Archives and Records Administration. The Act provides for such records to be re- viewed for sensitivity not according to FOIA ex- emptions, but rather according to narrower nondis- closure standards that allow for disclosure post- ponement only where there exists an overriding need to protect a government security interest or the interest of an identifiable person. Any rec- ord believed by an agency to met these standards must be reviewed by a newly created Assassination Records Review Board, which will hold final dis- closure authority under the Act except in any case in which the President personally overrules it. Additionally, the Act requires agencies to create administrative records, called identifica- tion aids, for all Kennedy assassination records in their possession. Once an agency identifies a record as falling within the coverage of the Act, it must determine whether the record originated there or elsewhere; whether the record previously has been disclosed to the public, in whole or in part; and whether any information contained in the record is of such sensitivity that it falls within a specific disclosure postponement provision in the view of the agency. Agencies must specify such information on identification aids for their Kennedy assassina- tion records, in a compatible electronic form, which is designed to facilitate both further re- view and the process of public inspection. All identification aids will be compiled electron- ically to form a central directory for Kennedy assassination records at the National Archives. The Act provides that agencies must meet these responsibilities as soon as practicable, but not later than 300 days' after its enactment. While this statute thus creates a novel dis- closure mechanism for Kennedy assassination rec- ords that is distinct from the Freedom of Informa- tion Act, many agencies are implementing it pri- marily through their established FOIA channels--as an activity ancillary to FOIA administration--and FOIA officers at all agencies should be aware of this new statute's immediate requirements. National Archives Coordination Implementation of the JFK Assassination Rec- ords Collection Act is being overseen and coordi- nated by the National Archives and Records Admin- istration, which holds responsibility under the Act for establishing the new record collection and for coordinating the creation of identification aids by all agencies on a uniform basis. Related questions can be directed to Mary Ronan of the Na- tional Archives, at (202) 501-5313. The four center pages of this issue of FOIA Update contain an updated list of the principal FOIA ad- ministrative and legal contacts at federal agencies. Digitized from Best Copy Available

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Short-term subscription options include 24 hours, 48 hours, or 1 week to HeinOnline.

Purchase Access

Contact us for annual subscription options:

Contact Us

Already a HeinOnline Subscriber?

Log In

profiles profiles most