Temporary Certification Regarding Disclosure of Information in Certain Records Related to the Assassination of President John F. Kennedy

This memorandum temporarily certifies continued withholding of JFK assassination records until December 15, 2022, while directing an intensive 1-year review to maximize transparency. It mandates interim releases, requires agencies to justify any continued redactions with unclassified explanations, and orders NARA to digitize and publish its entire collection online.

Federal Register Open PDF 86 FR 59599

Impact dates

Dec 15, 2022
Final release of non-postponed information; public disclosure of updated unclassified letters and indexes; end of temporary certification period
Oct 1, 2022
Agency withdrawal or presidential referral of contested redactions; Archivist recommendation to President on continued postponement
Sep 1, 2022
NARA review of each proposed redaction completed
Dec 15, 2021
NARA review and public release of non-postponed information; agency submission of unclassified letters, indexes, and proposed dates; Archivist digitization plan issued

Key directives

Temporarily certify continued withholding of all agency-proposed postponed information until December 15, 2022
Direct NARA to review and release non-postponed information on December 15, 2021
Conduct intensive 1-year review of each remaining redaction with maximum transparency standard
Require agency heads to submit unclassified justification letters and indexes by December 15, 2021
Mandate NARA review of proposed redactions by September 1, 2022 with consultation from DOD, ODNI, DOJ, or State
Require agency withdrawal or presidential referral of contested redactions by October 1, 2022
Order Archivist to issue digitization plan by December 15, 2021
Direct Archivist to provide online context for IRS/SSA withheld records
Authorize publication in Federal Register

Who is ordered

Timeline

Immediate

Agencies must submit unclassified letters, indexes, and proposed dates by December 15, 2021
NARA must issue digitization plan by December 15, 2021
Interim release of non-postponed information on December 15, 2021

Near term (90d)

NARA must review proposed redactions by September 1, 2022
Agencies must withdraw or refer redactions to President by October 1, 2022
Archivist must recommend to President by October 1, 2022

Long term

Final release of non-postponed information by December 15, 2022
Public disclosure of unclassified letters and indexes on December 15, 2022
Potential continued postponement beyond December 15, 2022 only with strongest justification

Risks & tensions

Tension between transparency mandate and national security claims may persist if agencies broadly assert 'identifiable harm'
Pandemic-related delays acknowledged as reason for extension, but could affect 1-year review timeline
Vague 'strongest possible reasons' standard leaves discretion to agencies and NARA; may not maximize disclosure as intended
Potential for last-minute presidential referrals to override NARA objections and continue withholding