83 FR 19157 - Certification for Certain Records Related to the Assassination of President John F. Kennedy

Executive Office of the President

Federal Register Volume 83, Issue 85 (May 2, 2018)

Page Range		19157-19158
FR Document		2018-09392

Federal Register, Volume 83 Issue 85 (Wednesday, May 2, 2018)

[Federal Register Volume 83, Number 85 (Wednesday, May 2, 2018)]
[Presidential Documents]
[Pages 19157-19158]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-09392]




                        Presidential Documents 



Federal Register / Vol. 83 , No. 85 / Wednesday, May 2, 2018 / 
Presidential Documents

___________________________________________________________________

Title 3--
The President

[[Page 19157]]

                Memorandum of April 26, 2018

                
Certification for Certain Records Related to the 
                Assassination of President John F. Kennedy

                Memorandum for the Heads of Executive Departments and 
                Agencies

                As I explained in my temporary certification of October 
                26, 2017, the American people expect their Government 
                to provide as much access as possible to the President 
                John F. Kennedy Assassination Records (records) so that 
                they may--as they deserve--finally be fully informed 
                about all aspects of this pivotal event. Over the past 
                180 days, executive departments and agencies (agencies) 
                have reviewed all of the information within records 
                temporarily withheld from release and have proposed to 
                the Archivist of the United States (Archivist) that 
                certain information should continue to be redacted 
                because of identifiable national security, law 
                enforcement, and foreign affairs concerns. The 
                Archivist has reviewed the information agencies 
                proposed to withhold and believes the proposals are 
                consistent with the standard of section 5(g)(2)(D) of 
                the President John F. Kennedy Assassination Records 
                Collection Act of 1992 (44 U.S.C. 2107 note) (the 
                ``Act'').

                I agree with the Archivist's recommendation that the 
                continued withholdings are necessary to protect against 
                identifiable harm to national security, law 
                enforcement, or foreign affairs that is of such gravity 
                that it outweighs the public interest in immediate 
                disclosure. I am also ordering agencies to re-review 
                each of those redactions over the next 3 years. At any 
                time during that review period, and no later than the 
                end of that period, agencies shall disclose information 
                that no longer warrants continued withholding.

                Accordingly, by the authority vested in me as President 
                and Commander in Chief by the Constitution and the laws 
                of the United States of America, I hereby certify that 
                all information within records that agencies have 
                proposed for continued postponement under section 
                5(g)(2)(D) of the Act shall be withheld from full 
                public disclosure until no later than October 26, 2021.

                Any agency that seeks further postponement beyond this 
                certification shall take note of the findings of the 
                Act, which state, among other things, that ``only in 
                the rarest cases is there any legitimate need for 
                continued protection of such records.'' The need for 
                continued protection can only grow weaker with the 
                passage of time from this congressional finding. Any 
                agency that seeks further postponement beyond October 
                26, 2021, shall, no later than April 26, 2021, identify 
                to the Archivist the specific basis for concluding that 
                records (or portions of records) satisfy the standard 
                for continued postponement under section 5(g)(2)(D) of 
                the Act. Thereafter, the Archivist shall

[[Page 19158]]

                recommend to the President, no later than September 26, 
                2021, whether continued withholding from public 
                disclosure of the identified records is warranted after 
                October 26, 2021.

                The Archivist is hereby authorized and directed to 
                publish this memorandum in the Federal Register.
                
                
                    (Presidential Sig.)

                THE WHITE HOUSE,

                    Washington, April 26, 2018

[FR Doc. 2018-09392
Filed 5-1-18; 8:45 am]
Billing code 7515-01-P

$19157 Federal Register Presidential Documents Vol. 83, No. 85 Wednesday, May 2, 2018 Title 3— Memorandum of April 26, 2018 The President Certification for Certain Records Related to the Assassination of President John F. Kennedy Memorandum for the Heads of Executive Departments and Agencies As I explained in my temporary certification of October 26, 2017, the Amer- ican people expect their Government to provide as much access as possible to the President John F. Kennedy Assassination Records (records) so that they may—as they deserve—finally be fully informed about all aspects of this pivotal event. Over the past 180 days, executive departments and agen- cies (agencies) have reviewed all of the information within records tempo- rarily withheld from release and have proposed to the Archivist of the United States (Archivist) that certain information should continue to be redacted because of identifiable national security, law enforcement, and foreign affairs concerns. The Archivist has reviewed the information agencies proposed to withhold and believes the proposals are consistent with the standard of section 5(g)(2)(D) of the President John F. Kennedy Assassination Records Collection Act of 1992 (44 U.S.C. 2107 note) (the ‘‘Act’’). I agree with the Archivist’s recommendation that the continued withholdings are necessary to protect against identifiable harm to national security, law enforcement, or foreign affairs that is of such gravity that it outweighs the public interest in immediate disclosure. I am also ordering agencies to re-review each of those redactions over the next 3 years. At any time during that review period, and no later than the end of that period, agencies shall disclose information that no longer warrants continued withholding. Accordingly, by the authority vested in me as President and Commander in Chief by the Constitution and the laws of the United States of America, I hereby certify that all information within records that agencies have pro- posed for continued postponement under section 5(g)(2)(D) of the Act shall be withheld from full public disclosure until no later than October 26, 2021. Any agency that seeks further postponement beyond this certification shall take note of the findings of the Act, which state, among other things, that ‘‘only in the rarest cases is there any legitimate need for continued protection of such records.’’ The need for continued protection can only grow weaker with the passage of time from this congressional finding. Any agency that seeks further postponement beyond October 26, 2021, shall, no later than April 26, 2021, identify to the Archivist the specific basis for concluding that records (or portions of records) satisfy the standard for continued post- ponement under section 5(g)(2)(D) of the Act. Thereafter, the Archivist shall daltland on DSKBBV9HB2PROD with PRES DOCS VerDate Sep<11>2014 15:51 May 01, 2018 Jkt 244001 PO 00000 Frm 00001 Fmt 4705 Sfmt 4790 E:\FR\FM\02MYO0.SGM 02MYO0$

Document Created: 2018-05-02 00:50:00
Document Modified: 2018-05-02 00:50:00

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Presidential Documents
FR Citation		83 FR 19157