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Federal Register / Vol. 86, No. 205 / Wednesday, October 27, 2021 / Presidential Documents
59599

Presidential Documents
Memorandum of October 22, 2021

Temporary Certification 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
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Section 1. Policy. 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. Almost 30 years since the Act, the profound national tragedy of President Kennedys 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 only grown weaker with the passage of time. It is therefore critical to ensure that the United States Government maximizes transparency, disclosing all information in records concerning the assassination, except when the strongest possible reasons counsel otherwise.
Sec. 2. Background. The Act permits the continued postponement of disclosure of information in records concerning President Kennedys 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. This year, the National Archives and Records Administration NARA has been reviewing whether it agrees that each redaction continues to meet the statutory standard. The Archivist of the United States Archivist, however, has reported that unfortunately, the pandemic has had a significant impact on the agencies and NARA and that NARA requires additional time to engage with the agencies and to conduct research within the larger collection to maximize the amount of information released. The Archivist has also noted that making these decisions is a matter that requires a professional, scholarly, and orderly process; not decisions or releases made in haste. The Archivist therefore recommends that the President temporarily certify the continued withholding of all of the information certified in 2018 and direct two public releases of the information that has ultimately been determined to be appropriate for release to the public, with one interim release later this year and one more comprehensive release in late 2022.
Sec. 3. Temporary Certification. In light of the agencies proposals for continued postponement under the statutory standard, the Archivists request for an extension of time to engage with the agencies, and the need for an appropriate review and disclosure process, I agree with the Archivists recommendation. Temporary continued postponement is necessary to protect against identifiable harm to the military defense, intelligence operations, law enforcement, or the conduct of foreign relations that is of such gravity
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