Biden punts to June 30, 2023
December
15,
Memorandum
on Certifications Regarding Disclosure of Information in Certain Records
Related to the Assassination of President John F. Kennedy
Memorandum
for the Heads of Executive Departments and Agencies
SUBJECT: Certifications Regarding Disclosure of
Information in Certain Records Related to the
Assassination of President John F. Kennedy
Section
1. Policy. As set forth in the Presidential Memorandum of
October 22, 2021 (Temporary Certification Regarding Disclosure of Information
in Certain Records Related to the Assassination of President John F. Kennedy)
(2021 Memorandum), in the President John F. Kennedy Assassination Records
Collection Act of 1992 (44 U.S.C. 2107 note) (the “Act”), the Congress declared
that “all Government records concerning the assassination of President John F.
Kennedy . . . should be eventually disclosed to enable the public to become
fully informed about the history surrounding the assassination.” The
Congress also found that “most of the records related to the assassination of
President John F. Kennedy are almost 30 years old, and only in the rarest cases
is there any legitimate need for continued protection of such records.”
In the 30 years since the Act became law, the profound national tragedy of
President Kennedy’s assassination continues to resonate in American history and
in the memories of so many Americans who were alive on that terrible day;
meanwhile, the need to protect records concerning the assassination has
weakened with the passage of time. It is therefore critical to ensure
that the United States Government maximizes transparency by disclosing all
information in records concerning the assassination, except when the strongest
possible reasons counsel otherwise.
Sec. 2. Background. (a) The Act permits the
continued postponement of disclosure of information in records concerning
President Kennedy’s assassination only when postponement remains necessary to
protect against an identifiable harm to the military defense, intelligence
operations, law enforcement, or the conduct of foreign relations that is of
such gravity that it outweighs the public interest in disclosure. Since
2018, executive departments and agencies (agencies) have been reviewing under
this statutory standard each redaction they have proposed that would result in
the continued postponement of full public disclosure, with the National
Archives and Records Administration (NARA) reviewing whether it agrees that
each redaction continues to meet the statutory standard. In my 2021
Memorandum, the Archivist of the United States (Archivist) explained that the
COVID-19 pandemic had a significant impact on the ability of agencies,
including NARA, to conduct this review and comprehensive engagement, and the
Archivist recommended that I temporarily certify the records for continued
postponement for a limited period. In the 2021 Memorandum, I directed the
completion of an intensive 1-year review of each remaining proposed redaction
to ensure that the United States Government maximizes transparency by
disclosing all information in records related to the assassination, except in
cases when the strongest possible reasons counsel otherwise.
(b) Pursuant to my direction,
agencies have undertaken a comprehensive effort to review the full set of
almost 16,000 records that had previously been released in redacted form and
determined that more than 70 percent of those records may now be released in
full. This significant disclosure reflects my Administration’s commitment
to transparency and will provide the American public with greater insight and
understanding of the Government’s investigation into this tragic event in
American history.
(c) In the course of their
review, agencies have identified a limited number of records containing
information for continued postponement of public disclosure. NARA has
reviewed these proposed redactions and has coordinated with relevant consulting
agencies, where appropriate, to ensure that the proposed redactions meet the
statutory standard for continued postponement. The Acting Archivist has
recommended certifying a small subset of the reviewed records for continued
postponement of public disclosure.
(d) The Acting Archivist has
further indicated that additional work remains to be done with respect to a
limited number of other reviewed records that were the subject of agency
proposals for continued postponement of public disclosure. The Acting
Archivist believes such additional work could further reduce the amount of
redacted information. The Acting Archivist therefore recommends that I
temporarily certify the continued postponement of public disclosure of the
redacted information in these records to provide additional time for review and
to ensure that information from these records is disclosed to the maximum
extent possible, consistent with the standards of the Act.
Sec. 3. Certification. In light of the proposals from
agencies for continued postponement of public disclosure of information in the
records identified in section 2(c) of this memorandum under the statutory
standard, and the Acting Archivist’s recommendation, I agree that continued postponement
of public disclosure of such information is warranted to protect against an
identifiable harm to the military defense, intelligence operations, law
enforcement, or the conduct of foreign relations that is of such gravity that
it outweighs the public interest in disclosure. Accordingly, by the
authority vested in me as President by the Constitution and the laws of the
United States of America, including section 5(g)(2)(D) of the Act, I hereby
certify that continued postponement of public disclosure of these records is
necessary to protect against an identifiable harm to the military defense,
intelligence operations, law enforcement, or the conduct of foreign relations
that is of such gravity that it outweighs the public interest in disclosure.
All information within these records that agencies have proposed for continued
postponement under section 5(g)(2)(D) of the Act shall accordingly be withheld
from public disclosure. Further release of the information in these
records shall occur in a manner consistent with the Transparency Plans
described in section 7 of this memorandum.
Sec. 4. Temporary Certification. In light of the
proposals from agencies for continued postponement of public disclosure of
information in the records identified in section 2(d) of this memorandum under
the statutory standard, the Acting Archivist’s request for an extension of time
to continue review of those records, and the need for an appropriately thorough
review process, I agree with the Acting Archivist’s recommendation regarding
temporary postponement. Temporary continued postponement of public
disclosure of such information is necessary to protect against an identifiable
harm to the military defense, intelligence operations, law enforcement, or the
conduct of foreign relations that is of such gravity that it outweighs the
public interest in disclosure. Accordingly, by the authority vested in me
as President by the Constitution and the laws of the United States of America,
including section 5(g)(2)(D) of the Act,...
...I hereby certify that all information within these records that agencies have proposed for continued postponement under section 5(g)(2)(D) of the Act shall be withheld from public disclosure until June 30, 2023.
Sec. 5. Release. Any information currently withheld from
public disclosure that agencies have not proposed for continued postponement
shall be released to the public by December 15, 2022.
Sec. 6. Review. (a) From the date of this
memorandum until May 1, 2023, relevant agencies and NARA shall jointly review
the remaining redactions in the records addressed in sections 2(d) and 4 of
this memorandum with a view to maximizing transparency and disclosing all
information in records concerning the assassination, except when the strongest
possible reasons counsel otherwise. Any information that agencies propose
for continued postponement of public release beyond June 30, 2023, shall be
limited to the absolute minimum under the statutory standard. Agencies
shall not propose to continue redacting information unless the redaction is
necessary to protect against an identifiable harm to the military defense,
intelligence operations, law enforcement, or the conduct of foreign relations
that is of such gravity that it outweighs the public interest in disclosure.
In applying the statutory standard, agencies shall:
(i)
accord substantial weight to the public interest in transparency
and full disclosure of any record that falls within the scope of the Act; and
(ii) give due
consideration that some degree of harm is not grounds for continued
postponement unless the degree of harm is of such gravity that it outweighs the
public interest in disclosure.
(b) If, by no later than May 1,
2023, NARA agrees that a proposed redaction meets the statutory standard for
continued postponement, the Archivist shall recommend to the President, no
later than May 1, 2023, that continued postponement of public disclosure of the
information is warranted after June 30, 2023.
(c) If, by no later than May 1,
2023, NARA does not recommend that a proposed redaction meets the statutory
standard for continued postponement, agencies shall, no later than May 15,
2023:
(i)
withdraw the proposed redaction; or
(ii)
recommend to the President, through the Counsel to the President, on a
document-by-document basis, that release of the information continue to be
postponed, providing an explanation for each proposed redaction of why continued
postponement remains necessary to protect against an identifiable harm to the
military defense, intelligence operations, law enforcement, or the conduct of
foreign relations that is of such gravity that it outweighs the public interest
in disclosure.
(d) In the development of the
recommendations described in this section, as questions arise about particular
proposed redactions, NARA shall consult, as appropriate, with relevant agencies
as described in section 5(d) of my 2021 Memorandum.
(e) At the conclusion of the
review described in this section, any information withheld from public
disclosure that agencies do not propose for continued postponement beyond
June 30, 2023, shall be released to the public by that date.
Sec. 7. Transparency Plans. As part of their review, each
agency prepared a plan for the eventual release of information (Transparency
Plan) to ensure that information would continue to be disclosed over time as
the identified harm associated with release of the information dissipates.
Each Transparency Plan details the event-based or circumstance-based conditions
that will trigger the public disclosure of currently postponed information by
the National Declassification Center (NDC) at NARA. These Transparency
Plans have been reviewed by NARA, and the Acting Archivist has advised that use
of the Transparency Plans by the NDC will ensure appropriate continued release
of information covered by the Act. Accordingly, I direct that the
Transparency Plans submitted by agencies be used by the NDC to conduct future
reviews of any information that has been postponed from public disclosure,
including information in the records described in sections 2(c) and 3 of this
memorandum.
Sec. 8. Publication. The Acting Archivist is hereby
authorized and directed to publish this memorandum in the Federal Register.
JOSEPH R. BIDEN JR.
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