404-10833-40012 CIA HAS N 00 BJECT, DE “Uassromon ANDOS Cl iN THIS Coc oun FORMATION MINUTES OPEN BOARDING MEETING JUNE 4, 1996 ‘WASHIN GTON, D.C. The meeting was called to order by Chair John Tunheim at 2:10 p.m. Board Members Present: Henry Graff, Kermit Hall, William Joyce, and ‘Anna Nelson. Senior Staff Members Present: David G. Marwell, Jeremy Gunn, Tom Samoluk, and Tracy Shycoff. _ Judge Tunheim welcomed guests and thanked the ARRB staff for recent efforts, especially activities associated with the release of the film last week. A motion was made by William Joyce to accept the minutes of the October 23, 1995 Open Board Meeting. The motion was seconded by Henry Graff and passed _ unanimously. On a motion by Anna Nelson and second by William Joyce, the Board voted unanimously to close portions of the next Board Meeting. The proposals to change Board Procedures were discussed. Kermit Hall moved adoption of Option 2, Part I. The motion was seconded by Henry Graff and carried 5-0. On Part II, Kermit Hall moved adoption of Option 3, to include the existing rule in “E” below except to change the wording to majority of “Board,” rather than “quorum.” Rather than including “E” as part of the wording of Option 3, Dr. Hall accepted Dr. Marwell’s suggestion that the order of the items under Option 3 on Part II be changed so that “E” becomes “B” and the other sections relettered accordingly. Dr. Nelson noted that the amended Rules of Procedure remains very close to the original. After second by Dr. Joyce, the motion carried 5-0. Judge Tunheim read the list of future meetings set tentatively for: June 25 - 26, 1996 July 9 - 10, 1996 August 5 - 6, 1996 September 16 - 17, 1996 . October 15 - 16, 1996 October 29 - 30, 1996 November 13 - 14, 1996 Possibility of a hearing in Los Angeles in September
- It was noted that the COPA Conference will be held in Washington, D. C. October 18 - 20 and that our schedule might be changed to coincide or that ARRB might schedule an open house, if not an open meeting, during that conference. There being no further business, Henry Graff’s motion to adjourn was seconded by William Joyce, passed unanimously, and the meeting was adjourned. Respectfully J Dons be Jerrie Olson
14-00000 a 5 August 1996 CIA's HSCA JFK SEQUESTERED RECORDS -- II BOX 64 MICROFILMED MATERTAL Box 64 contains 72 reels of microfilm. All but a small percentage of the materials are CIA-originated, and include ‘ cables, dispatches, memoranda, reports, and correspondence. * Many of the reels contain a mix of subjects and types of material: ‘ Reels 1-20 Reels 21-22 Reels 23-25 Reels 25-28 Reels 28-30 Reels 31-44 Reels 45-47 Reels 48-49 Reels 50-56 Reels 57-60 Reels 61-62 Reels 62-71 Reel 71-72 Individual 201 files, mainly Cubans, some Americans and Soviets Cuban Defector AMMUG-1 DO Project Files, Garrison investigation Cuban exile organizations Office of Personnel Files; Mexico City records Oswald files; 201 file is duplicate of hardcopy file Nosenko; Mexico City records - CIA-HSCA Correspondence, 1967 IG Report, Cuban Mug Book, miscellaneous Individual 201 Files (includes Cubela) Office of Personnel Files Nosenko, Golitsyn, anti-Castro activities Cuban Revolutionary Council and other Cuban exile organizations. Project Files
14-00000 5 August 1996 CIA's HSCA JFK SEQUESTERED RECORDS - I BOXES 1-63 HARDCOPY MATERIAL The 63 boxes contain copies of material collected or prepared in response to over a thousand individual requests from HSCA. Boxes are grouped by responsible component. With the exception of the security files, there is no general subject grouping or order to the boxes. Individual boxes usually contain a mix of topics and types of documents, and there is much duplication through out the collection. Boxes 1-34 (Directorate of Operations): contains a mix of CIA, third agency (primarily FBI) and Warren Commission documents plus a significant amount of HSCA originated Material*. These records cover a wide range of topics but focus on anti-Cuba/Castro activities and Oswald in USSR, Mexico City and New Orleans. Also included are responses to the large number of names traces requested by the HSCA staff, numerous copies of documents from the Oswald 201, the 1967 IG report, testimony of Richard Helms before HSCA, Nosenko material, CIA cable traffic. Boxes 35-36 (Inspector General): HSCA reports, Senate Select Committee reports, reports on Cuban operations, Book V of Church Committee final report. Boxes 37-38 (Office of the General Counsel): Cuban exile activities, Garrison investigation, name files. Box 39 (Directorate of Science & Technology): Photo comparisons of Hunt, Sturgis and the Dallas tramps; chart of frames from Zapruder film. Boxes 40-48 (Office of Security): name files. Boxes 49-63 (Office of Legislative Liaison): HSCA requests, notes, memos, correspondence and final report, plots against Castro, photos of unknown man, defector study, Nosenko, name files, Mexico City station files, FBI reports, Warren Commission reports. we * approximately 30,000 pages of HSCA originated material has been removed-«from the files and transferred to the National Archives. . _—
14-00000 _ CIA SPECIAL COLLECTIONS rat an RELEASE IN FULL ARRB OPEN MEETING 2000 6 August 1996 HANDOUTS Memorandum of Understanding Between the Director of Central Intelligence and the Select Committee on Assassinations Office of Legislative Counsel Memorandum (OLC 79-2477) dtd. August 1979; Subject: HSCA Records Request of Records Disposition Authority CIA's HSCA JFK Sequestered Records - I [Boxes 1-63] CIA's HSCA JFK Sequestered Records - II [Box 64] ag
14-00000 1:00 p.m. Vote to accept minutes from June 4, 1996 Open Board Meeting _ Report by Steve Tilley CIA Presentation — Staff Presentation Public Comment Other Business Assassination Records Review Board 600 E Street NW « 2nd Floor « Washington, DC 20530 (202) 724-0088 « Fax: (202) 724~0457 314 HAS NO OBJECTION + ses NON TO SE eASSIFICATION anion IN THIS DOCUMENT ORMATICL AGENDA OPEN BOARD MEETING AUGUST 6, 1996 WASHINGTON, DC Boaro Mempens: John R. Tunheim, Chair + Henry F. Graff * Kermit L. Hall -William L. Joyce « Anna K. Nelson Executive Dinector: David G. Marwell
14-00000 en | CIA SPECIAL COLLECTIONS RELEASE IN FULL 2000 TESTIMONY BEFORE JFK BOARD, 6 AUGUST 1996 INTRODUCTION Introduce CIA participants We are pleased to provide information to the Assassination Records Review Board that might assist the Board in fulfilling ‘ _ its responsibilities under the President John F. Kennedy Assassination Records Collection Act. CIA is committed to full cooperation with the Board. Before addressing the subject of the sequestered collection directly, I would like to provide some background to help put the sequestered collection into some sort of context. In the spring of 1992, prior to the enactment of the JFK Assassination Records Act, then Director of Central Intelligence, Bob Gates issued instructions to begin reviewing for declassification all records related to the assassination. The CIA History Staff was charged with identifying the relevant records. Once this was done, the Historical Review Group took custody of these records and immediately began reviewing them for declassification for release to the National Archives. Once the Kennedy Assassination Records Act was passed, our goal became to release as many of the records as possible by the 22 August 1993 deadline established by the Act. Approximately 125,000 pages were transferred to the National Archives by that date. ; With subsequent releases, CIA has now declassified and transferred some 227,000 pages of material to the National Archives. Based on discussions with the Board, we are continuing to release additional information that had been redacted earlier. The remaining records are in various stages of review. Some require review by other agencies. Some is congressional Material. Final decisions on other records are awaiting discussion with the Review Board.
14-00000 THE ASSASSINATION RECORDS In identifying relevant records, we have followed the definitions in the 1992 Act and the related rules which were published in the Federal Register. The Kennedy assassination records in CIA consist of two major groups of files. One group consists of the documents in the Lee Harvey Oswald file--sometimes referred to as the “Oswald 201 file”. These consist mainly of documents collected after the assassination and during the Warren Commission investigation. There are about 26,000 pages of material in the Oswald file. All but a handful have been declassified and sent to the National Archives. The second group is comprised of the “sequestered collection”. These are the records that were made available to the House Select Committee on Assassinations, and which the Committee asked CIA to hold in safekeeping upon the completion of the Committee’s investigation. Certain additional records, including 400 excerpts from minutes of the Director’s morning meetings, and some working files, have been added to the overall collection since 1992.
14-00000 SEQUESTERED COLLECTION First of all, every document in the sequestered collection is available to the Board for review. The documents are available in full, without redactions. The record shows that the sequestered collection consists of documents compiled in connection with the investigation of the House Select Committee on Assassinations (HSCA). A portion of the documents were created specifically in response to requests from the HSCA. Other records were already in existence prior to the creation of the Committee. Still other documents were created by the Committee itself. For example, notes of interviews conducted by the Committee's staff. Within the sequestered collection there are two major categories of records. One category consists of approximately 129,000 pages of hard copy. The second category consists of 72 reels of microfilm, or the equivalent of 163,000 pages of hard copy. The reason why the documents were sequestered is explained in a Memorandum of Understanding signed by the Chairman Louis Stokes of the HSCA and DCI Stansfield Turner in August 1977. The Memorandum provides as follows: “Upon termination of the Committee, all materials provided by CIA and examined by the Committee will be kept and preserved within a segregated and secure area within CIA for at least 30 years unless the DCI and the House of Representatives agree to a shorter period of time.” In April 1979, Robert Blakey, Chief Counsel and Staff Director of the HSCA visited CIA Headquarters to complete the process of designating what materials were to be sequestered. All the documents made available to the Committee were included in the sequestered collection.
14-00000 REVIEW AND DECLASSIFICATION OF THE SEQUESTERED FILES In 1992, CIA wrote to Speaker of the House Thomas Foley requesting approval toe begin declassifying and releasing the records. In October of that year, Mr. Foley wrote a letter to the DCI granting CIA the authority to do so. The Speaker‘s decision was made in anticipation of passage of the Assassination Records Collection Act. THE HARDCOPY MATERIAL The hardcopy part of the sequestered collection includes copies of most of the CIA documents in the Oswald 201 file. Also included are 201 files, personnel files, and security files on persons who are mentioned in documents relevant to the assassination, or who figure in one of the conspiracy theories. The collection also includes about 30,000 pages of documents, memos, and notes (many handwritten) that were created by the Committee staff during their investigation.
14-00000 THE MICROFILM PORTION OF THE SEQUESTERED COLLECTION As I noted earlier, there are approximately 72 reels of microfilm in the sequestered collection. (Incidentally, we have arranged to have all of the microfilm records printed in hard copy.) The decision to microfilm a portion of the sequestered collection was apparently based on two major considerations: First, the integrity of the sequestered records had to be maintained. Second, a number of the files requested by the HSCA were active and had to be available to allow people to continue conducting their normal activities. The solution was. to replace certain records with microfilm versions. These records were microfilmed during 1979-80 with the approval of the Assassinations Committee. THE CONTENT OF THE MICROFILM A sizeable portion of the microfilm--approximately 50 percent--duplicates the hard copy files. For example, there are 12 reels of material from the Oswald 201 file. The bulk of the reels consists of files on individuals and organizations, including personnel files of CIA employees. There are also a number of files on anti- Castro organizations. All but a small percentage of the materials are CIA-originated cables, dispatches, memoranda, reports, and correspondence. There are questions of privacy that we believe the Board may want to consider in determining what information is to be released to the public. Some of the records contain, for example, medical information on an individual. There are also questions of relevancy that we suggest the Board consider. For example, many of the documents cover sensitive activities that go far beyond the timeframe of the assassination or investigations into the assassination.
14-00000 SUMMARY ~-We hope that the Board has found this discussion of the sequestered documents useful. -~~We look forward to continuing cooperation with the Board as we all work towards releasing as much information as possible to the American public.
DRAFT Outline of Presentation to the Board August 6, 1996 Where we are in the process of CIA records We have almost completed the Oswald 207 file. Size 17 boxes Postponements have been reviewed word by word We are now tuming to new areas for CIA records HSCA collection now housed physically just a few yards from here To be reviewed word by word Scelso Oswald in Mexico City by Hardaway and Lopez JFK Library ‘ Release this fall of many records related to Cuba | am pleased to say -- and | offer this as my personal opinion -- that | have seen no example where the Board has postponed any information that bears directly on the assassination. | believe that the story is coming out with the records that are being released. issue immediately before us is the CIA’s sequestered collection. Mr. Pereira has described it from the perspective of the agency. The Review Board staff has been reviewing the record and has given the Board its own assessment of the status of the records. There are a great number of records in the sequestered collection that are highly relevant: Lee Harvey Oswald Georges de Mohrenschildt Elena Garro de Paz Antonio de Varona (Frente RD) . Silvia Duran Rolando Cubela CRC Bay of Pigs Castro assassination attempts Warren Commission HSCA Garrison investigation
-2- These types of records need to be reviewed on the same word-to-word basis as the board has reviewed records thus far. But we have a new problem: how should the Board review records from the sequestered collections where the relevance to the assassination is not clear. Examples where the staff has difficulty finding a nexus to the assassination in certain records. | will offer a few examples to provide you with a flavor of some of the issues we are confronting. The examples below are hypothetical and are loosely based upon our review of the files in order to illustrate the issues. A. The “false hit” category The HSCA requested files from CIA on a great number of persons. In many instances the agency did not know why the files were requested, and accordingly it made available files that it had on the name that had been requested. Because names are not always unique, the agency sometimes made available files on individuals who were of no interest to the HSCA and who had no identifiable relation to the assassination. 1. A very common name --- | will use as an example the name Robert Smith. The HSCA requested Robert Smith files because of an alleged connection between a “Robert Smith” and Lee Harvey Oswald in 1963. The Smith whose file was made available, however, was a CIA officer who died in 1956. The ARRB staff has reviewed the file and has discovered no relevance to the assassination. B. CIA operational files or 201 files. 2. Cuban now living in the United States. CIA unsuccessfully attempted to recruit her to collect information on Cuba through her family and friends, but ultimately abandoned the effort. Neither she nor any of her hoped for contacts had any identifiable connection to the Oswald story or to the JFK assassination. 3. Cuban cultivated for operational work against Castro in whom CIA lost interest when he was not able to meet operation standards. 4. - Soviet official at the Mexico City embassy during Oswald's visit, although he never had any personal contact with him. The Mexico City portion of his file ha been reviewed and released in part to NARA. The remainder of
14-00000 -3- his file covers his subsequent career in a European country, where CIA monitored him closely. This portion of his career - by far the largest part of his file - has no bearing on Oswald or the JFK assassination. C. CIA officials There are many personnel files of CIA officers. The files often contain medical records evaluations, recommendations, and postings. They generally do not contain any operational details. 5. CIA employee who was a Headquarters secretary for a major figure in the case. Her file consists of personnel records, medical records, and a polygraph, none of which has any identifiable bearing on the Oswald story of the JFK assassination. As anyone knowledgeable about the Kennedy assassination can testify, there is a bewildering number of allegations regarding CIA officials who have alleged connections to the assassination. The HSCA investigated some of these leads. Not all leads are successful. 6. A CIA officer was allegedly in Dallas on November 22. An examination of the file suggests that the individual was not in Dallas, but was in Vietnam. There is nothing in the file that contains any apparent connection to the assassination. CIA official in Mexico City who was directly involved in matters related to Oswald’s visit. Prior to and subsequent to the Mexico City tour, the officer was stationed at headquarters and at other locations in the world. With the exception of the portion related to Mexico City, the staff can identify no other documents that illuminate the assassination. D. Summary of problems First, establishing criteria for relevance Second, handling different types of records ex. 1: entire file has no identifiable relevance ex. 2: some documents in a file have relevance, but others do not ex. 3: portion of a document has identifiable relevance, but others do not
Selected Statutory Provisions in The President John F. Kennedy Assassination Records Collection Act of 1992, 44 U.S.C. § 2107 (Supp. V 1994) Definition of Assassination Record “Assassination record’ means a record that is related to the assassination of President John F. Kennedy, that was created or made available for use by, obtained by, or otherwise came into the possession of [the HSCA).” Sect. 3(2). Interpretation 1: All records in segregated collection are assassination records. Argument: the segregated collection are “assassination records” because a government agency examined them in the course of their investigation of the assassination. Interpretation 2: Only segregated collection records that actually relate to the assassination of President Kennedy come within the scope of the JFK Act. Argument: In order for a record to be an “assassination record” it must: (a) relate to the assassination of President Kennedy, and (b) have been used by, obtained by, or otherwise came into the possession of a government agency. Selected CFR Provisions: “All records collected by or segregated by all Federal, state, and local government agencies in conjunction with any investigation or analysis of or inquiry into the assassination of President Kennedy ... .” 36 CFR 1400.1(b)(2) “An assassination record shall be released in its entirety except for portions specifically postponed pursuant to the grounds for postponement of public disclosure of records established in .. . the JFK Act, and no portion of any assassination record shall be withheld from public disclosure solely on grounds of non-relevance unless, in the Review Board’s sole discretion, release of part of a record is sufficient to comply with the intent and purposes of the JFK Act.” 36 CFR 1400.5.
-5- V. Staff Preliminary Suggestions to Board | A. Factors suggesting possible relevance to assassination: Unfortunately, there is no simple, clear, obvious method for determining relevance. Accordingly, rule of thumb guidelines need to be followed. The obvious rules of thumb to assist staff in identifying relevant documents would include: -- documents that obviously are related to assassination CIA intemal investigations Oswald records Garrison investigation Castro assassination attempts -- documents falling within certain dates (relevance of dates depends on issue under consideration . dates associated with Oswald dates immediately around assassination dates of Warren Commission dates of Church Committee, HSCA investigations -- individuals of importance CIA officials in Mexico City David Atlee Phillips Win Scott CIA officials in HQ involved in investigation John Scelso JJ Angleton -- geographical relevance (USSR; Cuba; Mexico) B.. Handling of records in sequestered collection First, ARRB staff reviews all records and files in sequestered collection. Second, all documents that are found to be relevant will be subjected to word by word review of postponements by the Board. The staff will, over time, work with the Board to establish guiding criteria for identifying relevance. The focus will be on individuals and groups that have been identified as playing a role in the larger story of the assassination. Examples of individuals who have been identified as being a part of the greater story surrounding the assassination include David Atlee Phillips, Win Scott, James Angleton, etc. Groups include Cuban exile groups
-6- _ (DRE, Alpha 66, etc.), Minutemen, etc. Third, for a file wnere no relevance can be found, the staff will write a memorandum identifying the file, describing the review process, and explaining the basis of finding no relevance. The staff memorandum will then be sent to the JFK Collection and be made fully available to the public. Fourth, for a file containing some relevant records, the relevant records will be subjected to the word by word review. Records for which the staff has been able to identify no relevance, a memorandum will be written to -- describe generally the type of records and explain the basis for finding no relevance. Fifth, with regard to the microfilm copy of the Oswald 201 file, the staff will review the entire file in order to determine whether there are any records in the file that are not included in the released version of the 201 file. If such records are identified, they will be subjected to the same word by word review as other records -- but the remainder of the 2071 file will not be reviewed again. Sixth, in rare cases, portions of a document that genuinely have no identifiable relevance to the assassination, may be redacted consistent with the 1400.5. | recommend that the Board, in the near future, deliberate on the guidance that it wishes to give to the staff regarding these matters.
14-00000 . CIA HAS NO OBJECT! st DECLASSIFICATION ANDION RELEASE OF CIA INFO RM om INTHIS DOCUMENT ON RHH ASSASSINATION RECORDS REVIEW BOARD PUBLIC BOARD MEETING © : JOHN R. TUNHEIM, CHAIRMAN Tuesday, August 6, 1996 1:00 p.m. 600 E Street, N.W. Room 206 Washington, D.C. MILLER REPORTING CO., INC. 507 C STREET, N.E. WASHINGTON, D.C. 20002 (202) 546-6666
14-00000 ai- 21 CHAIRMAN TUNHEIM: Thank you very much, Mr. Tilley. We appreciate your continued help. MR. TILLEY: My pleasure, Mr. Chairman. CHAIRMAN TUNHEIM: Next, we have two representatives from the Central Intelligence Agency here today, to provide factual testimony for the board on the nature of the sequestered collection, Mr. John Pereira and Mr. Barry Harrelson. And because this is primarily a factual presentation, we decided that we should put each of you under oath. So, if you would, raise your right hand and repeat after me. [John Pereira and Barry Harrelson sworn.] CHAIRMAN TUNHEIM: Thank you for joining us today. MR. PEREIRA: A pleasure. We’re pleased to try to help and provide information that might help the board understand the sequestered collection. I thought, if the time allows, I might give some background to put the sequestered collection in context for the board. MILLER REPORTING CO., INC. 507 C STREET, N.E. WASHINGTON, D.C. 20002 ns er ee
14-00000 a * 22 CHAIRMAN TUNHEIM: That would be very helpful. MR. PEREIRA: In the spring of 1992, prior to the enactment of the Assassination Records Act, the then-Director of Central Intelligence, Robert Gates, issued instructions to begin reviewing for declassification all records related to the assassination. The CIA history staff was charged with identifying the relevant records, which they did. And once that happened, our group that we represent, the historical review group, took custody of the records and immediately began reviewing them for declassification for release to the National Archives. Once the Records Act was passed, our goal became to release as many records as possible by the 22 August 1993 deadline established by the Act. And approximately 125,000 pages were transferred to the National Archives by that date. With subsequent releases, the Agency has now declassified and transferred some 227,000 pages MILLER REPORTING Co., INC. 507 C STREET, N.E. WASHINGTON, D.C. 20002 (PNW Cae Cece
14-00000 hye Sabi cm 23 to the National Archives. And based on discussions with the Board, we’re trying to release additional information that had been redacted earlier: The remaining records are in various stages of review. Some require review by other agencies. Some is congressional material. And final decisions on other records are awaiting discussion with the board, as you know. The Kennedy assassination records in the CIA consist of two major groups of files. One group consists of the documents in the Lee Harvey Oswald file, sometimes referred to as the Oswald 201 file. These consist mainly of documents that were collected after the assassination and during the Warren Commission investigation. And there are about 26,000 pages of material in this file. All but a handful have been declassified and sent to the National Archives. The second group is one of major interest to you today, I think. It‘s comprised of the sequestered collection. These are records that were made available to the House Select Committee MILLER REPORTING CO., INC. 507 C STREET, N.E. WASHINGTON, D.C. 20002 PRANN Tar orree
14-00000 cm 24 on Assassination and which the committee asked CIA to hold in safekeeping upon the completion of the committee's investigation. And there are certain additional records, including 400 excerpts from the minutes of the director of Central Intelligence morning meetings and some working files that have been added since 1992. But that’s pretty much the landscape of the records we have. By going directly to the sequestered collection, I’d like to say that, first of all, every document in the sequestered collection was available to the board for review. Every document is available in full to the board without redactions. A portion of the documents that were created specifically in response to requests from the House Assassination Committee are in the record. Other records were already in existence prior to the creation of the committee. And still other documents were created by the committee itself. For example, there are notes of interviews MILLER REPORTING CO., INC. 507 C STREET, N.E. WASHINGTON, D.C. 20002 (ONAN HAC coe?
14-00000 em 25 conducted by the committee's staff. So, these are the three categories: those created for the committee at their request; others that existed that we provided to them at their request; and others that the committee itself created. Now, within the sequestered collection, there are two major categories of records. This is a simple breakdown. I hope this is helpful. One category consists of about 129,000 pages of hard copy. The second category consists of 72 reels of microfilm or the equivalent of 163,000 pages of hard copy. Now, the question has come up of why the documents were sequestered. And this is explained in a Memorandum of Understanding, signed by the chairman of the Assassination Committee and the director of Central Intelligence. And I have a copy here to submit to the board. The memorandum states that, "Upon termination of the Committee, all materials provided by CIA and examined by the Committee will MILLER REPORTING CO., INC. 507 C STREET, N.E. WASHINGTON, D.C. 20002 (9NP) Saciccae
14-00000 cm 26 be kept and preserved within a segregated and secure area within CIA for at least 30 years, unless the DCI and the House of Representatives agree to a shorter period of time." In April 1979, Robert Blakey, the chief counsel and staff director of the Assassinations Committee, visited CIA headquarters; and he completed the process of designating what materials were to be sequestered. All the documents made available to the Assassination Committee were included in this sequestered collection. The second question that often comes up is, where did we get authority to start reviewing these records prior to the Assassination Act? And this goes back to my point about Robert Gates wanting to get started as quickly as possible in the review and declassification. So, the Agency wrote to the Speaker of the House, Thomas Foley, in 1992, requesting approval to begin declassifying and releasing the records. And in October of that year, Speaker Foley wrote a letter to the director, granting CIA the authority MILLER REPORTING CO., INC. S07 C STREET, N.E. WASHINGTON, D.C. 20002 (INI SAk_Ceec
14-00000 cm 27 to do so. The Speaker’s decision was clearly made in anticipation of passage of the Assassination Records Collection Act. So, we have the records, and we started processing. Within the two categories that I mentioned, the hard copy material is one. And we have a page describing that for the board, which I‘ll leave with you. This includes copies of most of the CIA documents and the Oswald 201 file that I referred to earlier. Also included in the hard copy are other 201 files, personnel files, security files on persons who are mentioned in documents relevant to the assassination or who figure in one of the conspiracy theories. This part, the hard copy, also includes about 30,000 pages of documents, memos, and notes -- many of these, handwritten -- that were created by the Assassination Committee itself. So, those are in the hard copy. Now, the microfilm portion of the MILLER REPORTING CO., INC. 507 C STREET, N.E. WASHINGTON, D.C. 20002 {OND GAL. cece
14-00000 em 28 sequestered collection, as I mentioned, contains 72 reels of microfilm. Incidentally, we found very quickly that working with microfilm wasn‘t-all that easy, SO we arranged to have all of the microfilm printed out in hard copy. So, we have both; and both of these are available to the board, both the microfilm itself and the printout. The decision to microfilm was apparently based on two major considerations, as far as we can determine from our records. First, the integrity of the sequestered records had to be maintained. Second, a number of the files that the Assassination Committee requested were active files, and had to be available to allow people to continue conducting their normal activities within the Agency. So, the solution was to replace certain records with microfilm versions. And these records were microfilmed during 1979 and 1980 with the approval of the Assassinations Committee. And we have memos for the records showing how that happened, so that you will have the history on MILLER REPORTING CO., INC. 507 C STREET, N.E. WASHINGTON, D.C. 20002 {JNO CALL Lee
14-00000 em 29 that. Now, looking at the content of the microfilm, a sizeable portion of this -- probably 50 percent -- duplicates the hard copy in the sequestered files. For example, there are 12 reels of material from the Oswald 201 file. The bulk of the reels consists of files on individuals and organizations, including personnel files of CIA employees. There are also a number of files on anti-Castro organizations. All but a small percentage are CIA-originated cables, or dispatches, or memoranda and other documents. In looking at the microfilm, we believe there are questions of privacy that the board may want to consider in determining what information is to be released. Some of the records, for example, contain medical information on an individual. There are also questions of relevancy that we suggest the board consider. For example, many of the documents cover sensitive activities that go far beyond the time frame of the assassination or investigations into the assassination. MILLER REPORTING CoO., INC. 507 C STREET, N.E. WASHINGTON, D.C. 20002 (9N?7) S46-Geee
14-00000 30 That's rather brief; but I hope this is useful to the board in trying to understand the sequestered documents, sometimes called segregated documents. We use those terms interchangeably. And we certainly look forward to continuing cooperating with the board, with the goal of releasing as much information as possible to the American public. CHAIRMAN TUNHEIM: Very well. Mr. Harrelson, do have anything to add? MR. HARRELSON: No. CHAIRMAN TUNHEIM: Questions on the part of the board? Dr. Joyce. DR. JOYCE: Mr. Pereira, you mentioned that 50 percent of the microfilm appears to ; duplicate what already exists in hard copy. you mentioned the 201 file as an example of that. Maybe I missed it, but could you characterize perhaps the portion that appears not to be duplicated in hard copy? Do you have any information about that? MR. PEREIRA: The types of material that MILLER REPORTING CO., INC. 507 C STREET, N.E. WASHINGTON, D.C. 20002 (20291. SAR-FEAEGE
14-00000 cm 31 isn’t duplicative? DR. JOYCE: Yes. MR. HARRELSON: This is where you-get into the 201 files which make up the bulk of the microfilm, and #t- coverd the—ewers“rf individuals who were not -- or areas of their careers that were not involved in the assassination periods. So, there would not be documents co @26e26 in the hard copy. Most of the hard copy, apparently, was created as the HSC staffers asked for particular information. They would look at a file, and ask for copies of it. The ultimate was one cable, the, dove co yatigd s \ where we found 43 copies. So, most of #t” -- I would say, every document is duplicated at least once, and used > multiple times throughout the collection. DR. JOYCE: And it would appear, then, that most of the information within the 201 file -- MR. HARRELSON: The other area of unique information is the Cuban exile activities. Much more in the microfilm than in the hard copy MILLER REPORTING CO., INC. 507 C STREET, N.E. WASHINGTON, D.C. 20002 (202) 546-6666
14-00000 collection. And most of that was released in August ‘94. CHAIRMAN TUNHEIM: Other questions? MS. NELSON: How much have you been able to look at this sequestered file? It’s enormous. It boggles the mind, going through 72 reels of microfilm. No wonder you printed hard copy. But I would imagine you’ve only done some sampling. MR. HARRELSON: With the exception of the 201 file .@ the duplicate microfilm 201 file, and ) \ the --. Well, that’s the only exception. We have [os looked at every page of material. MS. NELSON: Do you have a sense of what’s not, in your view, an assassination record? Are there certain percentages or certain numbers of those? MR. PEREIRA: I think we need to defer to the board on that. We’re, suggesting certain -- MS. NELSON: Yes. That’s what -- MR. PEREIRA: -~ questions that the board may address, but we are deferring completely to you in interpreting the law. And, s0, we're assuming . MILLER REPORTING CO., INC. 507 C STREET, N.E. WASHINGTON, D.C. 20002 (202) 546-6666 32 | meetin an ey
14-00000 that every piece of paper we have that was sequestered is potentially relevant. MS. NELSON: Under the statute, we‘’ll have to see what that is. | MR. PEREIRA: Yes, following the statute. CHAIRMAN TUNHEIM:. Any further questions? DR. HALL: John, do you know what of these materials the HSCA used and didn’t use? MR. PEREIRA: There’s a -- I‘1ll let Barry comment on this, as well. There's a little bit of uncertainty. To go back, every record that we made available to the committee is in the sequestered collection. Some of the indications are that there was a very thorough review, obviously, by the committee of a lot of records. My impression is that, for other records, the committee staff requested certain files. We provided an entire file -- let’s say, on an individual. But the committee staff may have said, “Well, this’ really isn’t all that relevant to our seafront 1 t work, but thank you. We now know who that person ed. ernest MILLER REPORTING CO., INC. 507 C STREET, N.E. WASHINGTON, D.C. 20002 (202) 546-6666
14-00000 cm 34 is, because someone suggested this person may have been involved, and we needed to check that name. And in checking the name, we get the impression very quickly they determined they didn’t have to read every single paper in the file. It’s that sort of breakdown, I think. MR. HARRELSON: There are indications, as you go through the microfilm, that some of the files were not reviewed. There is a sheet feel WV | Cacl, juste be. fi 1efh yi signed by the staffers, and the oct bn Yu chee] notations, Beenre. We have never -- Since we were va viewing the file as a whole, we never went through Vaan f and calculated which gi Se ee eee Cwotbean), lay he WSCA] had, reviewed oN A DR. HALL: And was it the case, or were there instances that you're aware of, where they HSCA staff and/or related individuals marked on these documents or dealt with them in a way other than merely reading them? MR. HARRELSON: The 30,000 pages, frequently are handwritten notes taken from the Crevoxde were] documents. Since the hard copy ee copies MILLER REPORTING CO., INC. 507 C STREET, N.E. WASHINGTON, D.C. 20002 (202) 546-6666
14-00000 ba ay Lligca eheble col 35 made available tod@ey, you sometimes find notations, their names written on them -- different things. | MR. PEREIRA: But they seem to have made very thorough notes on documents that they found were valuable. DR. HALL: Did the CIA, in providing these materials, put any restrictions on them with regard @ to copying that could. be done? MR. PEREIRA: By the committee itself, you mean? | | DR. HALL: Yes. MR. PEREIRA: I don’t know what the record shows. : Che Cesk MR. HARRELSON: ~ftrey,were held in one | (wered central location -- all NOCES | -suedieaas review. The staffers, as I understand it, would come and review these files, makes their notes. And the notes Lesa, would then be reviewed by -- at least, by ahspat . “« Lout of lau A vw person. And their notes could be taken, but the files were held in ond“1ocation decuredy. MR. PEREIRA: There was an arrangement whereby, if they wanted to use a record elsewhere MILLER REPORTING Co., INC. 507 C STREET, N.E. WASHINGTON, D.C. 20002 (202) 546-6666
14-00000 36 for some reason or other, there was a means for making that available to them; possibly, by redacting something extremely sensitive, like the name of an agent. But they could -- DR. HALL: I see. MR. PEREIRA: But they could make the arrangement to have them use the document. DR. HALL: Congress has less than a distinguished history in handling some documents of a classified nature, and there is this kind of problem. As document hunters, there’s sort of an interesting problem -- the extent of which, we get unauthorized copying made; and then those documents are out there somewhere else. But that’s a side show to this. So, thank you very much. CHAIRMAN TUNHEIM: Anything further? [No response.] . CHAIRMAN TUNHEIM: Thank you very much, gentlemen. We appreciate your help today. MR. PEREIRA: A pleasure. CHAIRMAN TUNHEIM: Next, I‘d like to ask MILLER REPORTING CO., INC. 507 C STREET, N.E. WASHINGTON, D.c. 20002 (202) 546-6666
14-00000 FOR OFFICIAL USE ONLY CIA SPECIAL | COLLEC RELEASE IN FULL OS CSI-0337/96 2000 12 August 1996 MEMORANDUM FOR: Executive Director : FROM: John F. Pereira Acting Director, Center for the Study of Intelligence SUBJECT: CIA Testimony at JFK Assassination Board Hearing 1. This memorandum is for your information. On 6 August 1996, the JFK Assassination Records Review Board (ARRB) held an open hearing for purposes of having public discussion about declassification of CIA's files related to the assassination. 2. The principal issue discussed at the hearing was whether the Board needs to review word-by-word each of the more than 300,000 pages of CIA‘s “sequestered collection”. This collection is comprised of those records that were made available to the House Select Committee on Assassinations during its investigation. 3. The Board's General Counsel, Jeremy Gunn, proposed that the ARRB consider declaring a sizeable portion of the collection as not relevant or duplicative. If the Board agrees, then the © irrelevant and duplicative materials would be examined only by the ARRB‘S staff, thereby speeding up the review process substantially. (The Board’s charter expires in October, 1997, but presumably could be extended by Congress.) 4. Two members of the Historical Review Group--Barry Harrelson and I--testified under oath on the Agency’s considerable efforts to fulfill its commitment to release as many assassination documents to the public as possible. In a prepared statement, we described how the sequestered collection was compiled originally, kept intact per instructions from Congress, and then reviewed for release under authority granted by then Speaker of the House Foley. We emphasized that every document in the collection is available in full to the Board and its senior staff. ‘ FOR OFFICIAL USE ONLY
14-00000 -, FOR OFFICIAL USE ONLY SUBJECT: CIA Testimony at JFK Assassination Board Hearing 5. From CIA’s perspective, the hearing went smoothly. The Board accepted CIA’s testimony without criticism. None of the four public witnesses raised any serious concerns about CIA‘s handling of the JFK documents. One witness~--author/lawyer Harrison Livingstone--claimed that there has been too much focus on CIA records, and that CIA was being made the “whipping boy”. John F. Pereira 2 FOR OFFICIAL USE ONLY
14-00000 _ ; FOR OFFICIAL USE ONLY SUBJECT: CIA Testimony at JFK Assassination Board Meeting AD/DCI/CSI/JFPereira:bas/x30373 (12 Aug 96) Distribution: Original - Addressee - Executive Registry - D/CSI - CSI File -~ CSI Chrono B. Harrelson, HRG. - HRG File PA pa pa pd ps 3 FOR OFFICIAL USE ONLY
CIA SPECIAL COLLECTIONS DRAFT Obtling dE Préapntpiiorst g Board Augyshé, 99 Where we are in the process of CIA records We have almost completed the Oswald 201 file. Size 17 boxes Postponements have been reviewed word by word We are now tuming to new areas for CIA records HSCA collection now housed physically just a few yards from here To be reviewed word by word Scelso Oswald in Mexico City by Hardaway and Lopez JFK Library Release this fall of many records related to Cuba | am pleased to say ~’and | offer this as my pérsonal opinion -- that | have” seen no example where the Board has postponed any information that bears directly on the assassination. | believe that the story is coming out with the records that are being released. issue immediately before us Is the CIA’s sequestered collection. Mr. Pereira has described it from the perspective of the agency. The Review Board staff has been reviewing the record and has given the Board its own assessment of the status of the records. There are a great number of records in the sequestered collection that are highly relevant: Lee Harvey Oswald Georges de Mohrenschildt Elena Garro de Paz Antonio de Varona (Frente RD) Silvia Duran Rolando Cubela CRC Bay of Pigs Castro assassination attempts Warren Commission HSCA Garrison investigation wa ee ttt ts nema atenne i
-2- These types of records need to be reviewed on the same word-to-word basis as the board has reviewed records thus far. But we have a new problem: how should the Board review records from the sequestered collections where the relevance to the assassination is not clear. Examples where the staff has difficulty finding a nexus to the assassination In certain records. | will offer a few examples to provide you with a flavor of some of the issues we are confronting. The examples below are hypothetical and are loosely based upon our review of the files in order to illustrate the issues. A. The “false hit” category The HSCA requested files from CIA on a great number of persons. In many instances the agency did not know why the files were requested, and accordingly it made available files that it had on the name that had been requested. Because names are not always unique, the agency sometimes made available files on individuals who were of no interest to the HSCA and who had no identifiable relation to the assassination. 1. A very common name --- | will use as an example the name Robert.Smith. - The HSCA réquested Robert Smith files because of an alleged connection between a “Robert Smith” and Lee Harvey Oswald in 1963. The Smith whose file was made available, however, was a CIA officer who died in 1956. The ARRB staff has reviewed the file and has discovered no relevance to the assassination. B. CIA operational files or 201 files. 2. Cuban now living in the United States. CIA unsuccessfully attempted to recruit her to collect information on Cuba through her family and friends, but ultimately abandoned the effort. Neither she nor any of her hoped for contacts had any identifiable connection to the Oswald story or to the JFK assassination. 3. Cuban cultivated for operational work against Castro in whom CIA lost interest when he was not able to meet operation standards. 4, Soviet official at the Mexico City embassy during Oswald's visit, although he never had any personal contact with him. The Mexico City portion of his file ha been reviewed and released in part to NARA. The remainder of
14-00000 -3- his file covers his subsequent career in a European country, where CIA monitored him closely. This portion of his career - by far the largest part of his file - has no bearing on Oswald or the JFK assassination. C. CIA officials There are many personnel files of CIA officers. The files often contain medical records evaluations, recommendations, and postings. They generally do not contain any operational details. 5. CIA employee who was a Headquarters secretary for a major figure in the case. Her file consists of personnel records, medical records, and a polygraph, none of which has any identifiable bearing on the Oswald story of the JFK assassination. As anyone knowledgeable about the Kennedy assassination can testify, there is a bewildering number of allegations regarding CIA officials who have alleged connections to the assassination. The HSCA investigated some of these leads. Not all leads are successful. 6. A CIA officer was allegedly in Dallas on November 22. An examination of the file suggests that the individual was not in Dallas, but was in Vietnam. There is nothing in the file that contains any apparent connection to the assassination. 0 CIA official in Mexico City who was directly involved in matters related to Oswald's visit. Prior to and subsequent to the Mexico City tour, the officer was stationed at headquarters and at other locations in the world. With the exception of the portion related to Mexico City, the staff can identify no other documents that illuminate the assassination. D. Summary of problems First, establishing criteria for relevance Second, handling different types of records ex. 1: entire file has no identifiable relevance ex. 2: some documents in a file have relevance, but others do not ex. 3: portion of a document has identifiable relevance, but others do not
-4- Selected Statutory Provisions in The President John F. Kennedy _ Assassination Records Collection Act of 1992, 44 U.S.C. § 2107 (Supp. V 1994) Definition of Assassination Record “Assassination record’ means a record that is related to the assassination of President John F. Kennedy, that was created or made available for use by, obtained by, or otherwise came into the possession of [the HSCA].” Sect. 3(2). interpretation 1: All records in segregated collection are assassination records. Argument: the segregated collection are “assassination records” because a government agency examined them in the course of their investigation of the assassination. Interpretation 2: Only segregated collection records that actually relate to the assassination of President Kennedy come within the scope of the JFK Act. Argument: In order for a record to be an “assassination record” it must: (a) relate to the assassination of President Kennedy, and (b) have been used by, obtained by, or otherwise came into the possession of a government agency: = 0 Selected CFR Provisions: “All records collected by or segregated by all Federal, state, and local government agencies in conjunction with any investigation or analysis of or inquiry into the assassination of President Kennedy... .” 36 CFR 1400.1(b)(2) “An assassination record shall be released in its entirety except for portions specifically postponed pursuant to the grounds for postponement of public disclosure of records established in . . . the JFK Act, and no portion of any assassination record shall be withheld from public disclosure solely on grounds of non-relevance unless, in the Review Board’s sole discretion, release of part of a record is sufficient to comply with the intent and purposes of the JFK Act.” 36 CFR 1400.5.
-5- = V. Staff Preliminary Suggestions to Board A. Factors suggesting possible relevance to assassination: Unfortunately, there is no simple, clear, obvious method for determining relevance. Accordingly, rule of thumb guidelines need to be followed. The obvious rules of thumb to assist staff in identifying relevant documents would include: =~ -- documents that obviously are related to assassination CIA intemal investigations Oswald records _ Garrison investigation Castro assassination attempts -- documents falling within certain dates (relevance of dates depends on issue under consideration dates associated with Oswald dates immediately around assassination dates of Warren Commission dates of Church Committee, HSCA investigations -- individuals of importance CIA officials in Mexico City David Atlee Phillips Win Scott _CIA officials in HQ involved in investigation John Scelso JJ Angleton A -- geographical relevance (USSR; Cuba; Mexico) B. Handling of records in sequestered collection First, ARRB staff reviews all records and files in sequestered collection. Second, all documents that are found to be relevant will be subjected to word by word review of postponements by the Board. The staff will, over time, work with the Board to establish guiding criteria for identifying relevance. The focus will be on individuals and groups that have been identified as playing a role in the larger story of the assassination. Examples of individuals who have been identified as being a part of the greater story surrounding the assassination include David Atlee Phillips, Win Scott, James Angleton, etc. Groups include Cuban exile groups O
14-00000 -6- (DRE, Alpha 66, etc.), Minutemen, etc. Third, for a file where no relevance can be found, the staff will write a memorandum identifying the file, describing the review process, and explaining the basis of finding no relevance. The staff memorandum will then be sent to the JFK Collection and be made fully available to the public. ‘ Fourth, for a file containing some relevant records, the relevant records will be subjected to the word by word review. Records for which the staff has been able to identify no relevance, a memorandum will be written to describe generally the type of records and explain the basis for finding no relevance. Fifth, with regard to the microfilm copy of the Oswald 201 file, the staff will review the entire file in order to determine whether there are any records in the file that are not included in the released version of the 201 file. If such records are identified, they will be subjected to the same word by word review as other records -- but the remainder of the 201 file will not be reviewed again. Sixth, in rare cases, portions of a document that genuinely have no identifiable relevance to the assassination, may be redacted consistent with the 1400.5. | recommend that the Board, in the near future, deliberate on the guidance that it wishes to give to the staff regarding these matters.
14-00000 Assassination Records Review Board , . 600 E Street NW « 2nd Floor » Washington, DC 20530 (202) 724-0088 + Fax: (202) 724-0457 August 21, 1996 Mr. Barry Harrelson Senior Review Officer, Historical Review Group Center for the Study of Intelligence Central Intelligence Agency Washington, D.C. 20505 Dear Barry: I am enclosing a transcribed copy of your August 6, 1996 testimony to the Assassination Records Review Board. You should review it to determine whether there are any substantive corrections that you wish to make and return them to me by August 29, 1996. Thank you again for agreeing to testify before the Board. Enclosure cd Esq. Boarp Memsers: John A. Tunheim, Chair Henry F. Graft ¢ Kermit L. Hall « William L. Joyce « Anna K. Nelson ‘ Executive Director: David G. Marwell
14-00000 CIA SPECIAL COLLECTIONS _ RELEASE IN FULL ‘a oe C | 2000 MEMORANDUM OF UNDERSTANDING BETWEEN THE DIRECTOR OF CENTRAL INTELLIGENCE AND THE SELECT COMMITTEE ON ASSASSINATIONS o \ a I, Preparation of Materials A. The Central Intelligence Agency (CIA) will cooperate fully in the investigations conducted by the Select Committee on Assassinations (Committee) by providing access, as requested, to classified information within the releasing authority of the CIA, and held by the CIA, that bears upon the study and investigation authorized by H. Res. 222. CIA will notify the Committee of any requested information held by CIA not within the releasing authority of the CIA, and notify the Committee of the proper authority to contact to obtain the information. No document or a portion of the document in the possession of CLA will be withheld without written notice of that action to the Committee. Access to all classified information designated for protection from unauthorized disclosure by the Director of Central Intelligence (DCI) and currently held by any federal agency or department shall be governed by this memorandum. B. Documentary material will be made available as expeditiously and completely as feasible, subject to the responsibility of the DCI to protect sensitive intelligence sources and methods. The Committee and CIA will periodically agree upon a list of identities that will not be excised from materials turned over to the Committee. Subject to the list of identities that will not be deleted, CIA will appropriately sanitize, including excising if necessary, information to assure protection of information identifying sensitive sources and methods, When an excision is made, CIA will indicate the nature of the source or method excised, including the functional intelligence discipline which was the source of the intelligence. C. The Chief Counsel of the Select Committee on Assassinations and a designated representative of the DCI shall meet monthly to discuss a random sample of the complete and unsanitized materials selected by the Chief Counsel for the purpose of verifying the appropriateness of the sanitizing done by the CLA. Those matters on which they do not agree shall be referred to the Chairman, Ranking Minority Member, and the DCI for resolution.
14-00000 ie ane ati | CC. ha é D. [a making any excisions or other alterations of requested ‘Materials, CLA shall be bound by 18 U. Ss. Cc. Subsection 1505 and all other applicable statutes. {l. Request Procedure A. The CIA element responsible for dealing with the Committee is the Coordination and Review Staff of the Office of Legislative Counsel (C&RS/OLC). All Committee requests for information will be conveyed to CLA only via the Coordination and Review Staff. Absent extraordinary circumstances, appointments with CIA employees and former employees will be arranged through the Coordination and Review Staff. a B. AU Committee requests for information will bein writing. In the interest of timely response, C&RS/OLC will accept preliminary telephone or other oral requests, but no information can be made ‘available until a request is received in writing from the Chief Counsel or one of the Deputy Chief Couns els. Il. Staff Clearance Prior to access by Committee personnel to any material which ~ has been designated for protection from unauthorized disclosure by the DCI, such Committee personnel will be granted security clearance ~. by the Committee after consultation with the CIA. Committee personnel requiring access to such material will be required to execute, in advance, the attached Select Committee on Assassinations Nondisclosure Agreement. Iv, Transcripts of Statements Under Oath A steno-typist from either the Committee or the CIA will make a verbatim record of all statements of current CIA personnel taken under oath. One copy of the record will be made available to the Committee and the other to the CIA in accordance with the Rules of the Committee. V.. Examination of Material Materials to which access has been granted by CIA will be reviewed ina CIA reading room set aside for this purpose or ina designated area within the Committee! Fs) offices. ‘VI. Storage of Materials A. Committee procedures for control and storage of any documents or materials provided by the CIA which require protection will follow security standards and procedures established in consultation with, and approved by, the CIA. . ; ; ;
14-00000 ' . B. Upon the termination of the Committee, all materials _ provided by CLA and examined by the Committee will be kept and preserved within a segregated and secure area within CLA for at least 30 years unless the DCI and the House of Representatives — agree to a shorter period of time. All persons having access to such materials must sign an access sheet indicating the date, the name of the person receiving access, the specific documents or materials to which access was granted, and the person who authorized the access.. VIZ. Disclosure of Information . A. The Committee will notify the DCI in writing of its desire to disclose, in any manner, including under the Select Committee on Assassinations Nondisclosure Agreement, any information that is designated for protection from unauthorized disclosure by the DCI. If within five days the Committee does not receive a letter from the DCI objecting to the proposed disclosure and stating the reasons for the objection, the Committee may disclose the information. i. ry ary N +. a . - “e ft ants & rs B. If the DCI notifies the Committee within five days that he objects to the proposed disclosure and states the reasons for his objections, the Chairman of the Committee and the DCI, or their designated representatives, shall.meet to attempt to resolve any differences over the information to be disclosed. If the Chairman of the Committee considers that the negotiations have reached an impasse, he will give the DCla written notice to that effect, and the Committee will take no steps until at least 14 days thereafter to disclose the information in dispute. ‘C, Any differences left unresolved by negotiation may become the subject of litigation. In any such action each party will be free to assert . all its constitutional, statutory, or other legal rights, and the parties agree to be bound by the final outcome of any such action. If such an action is commenced by the Executive Branch but is disposed of without a judicial decision on the merits of the disclosure issue, the Committee agrees that it will not on that basis, or on the basis of its 14-day notice letter, disclose the information in dispute. This Agreement, however, is without prejudice to any of the Committee's other rights, privileges and responsibilities concerning the production by legal compulsion and disclosure of information, and the DCI's rights, privileges and responsi-~ bilities concerning the protection from disclosure of the information. a - Director of Central Intelligence 19 AUG 1977 Date
14-00000 woe os QLC 79-2477 10 August 1979 e meMORANDUM FOR: Mr. George Frates AC/xacerds Management vivision I8SS/0CA FROM : Rodger S. Gabrielson Office of Legislative Counsel: SUBJECT : HSCA Records 1. During the course of the HSCA investigations, much classified tofornation was assembled in response to HSCA requests. Three categories f, information must: now be disposed of under terms of the HSCA/DCI ~ itémorandun of Understanding. Category la: Classified material from Agency holdings, requested by the HSCA, which HSCA staff members reviewed. Category 1b: Classified material from Agency holdings, requested by the HSCA, but which HSCA staff members did not review. Category 2: Material generated by the HSCA from Agency classified holdings made available to the HSCA in response to the latter's request. (Note: This HSCA material is considered by the HSCA as its property and, therefore, not releasable to the public under tne Freedom of Information Act. An inventory of this material received from HSCA has been completed. ) Category 3: Ciassified correspondence and certain unclassified corresyondence exchanged be*ween this Agency and the HsCA. 2. The HSCA has indicated its desire that copies of these taree .utegories of material be held in sealed and searegated storage fo ensure the preservation cf all relevant records pertaining to the vnase of the investigactiun involving this Agency. In order to accomi- rodate the HSCA, but also leave our own records accessible for routine curposes, a photograohic copy should ve nade of each official Agency ‘document made availabie in response to a specific request by the HSCA {Category la and 1b). ee
14-00000 3. Upon completion of the task of photographing the Category la and 1b cGocusents, those photograpynic copies (Category 1}, the HSCA- generated materials based upon Agency siaterial (Category 2), and the designated Agency-HSCA correspondence (Category 3), will de sealed and held in segregated storage by the Agency, in accordance with schedules established by the Archivist of tne United States. 4. vocuments are now in the individual custodies of sembers of the Asency HSCA Task Force. These individuals’ are listed by attachment. 5. Please advise on your recommended procedures for photographing these documents and procedures for entering these copies into sealed storage. Rodger S. Gabrielson Attachment
14-00000 SN Pash Tepes SES ave qAit ¥ { hfe © ; : ; ud se waded , AGUNG Y Cory i _st FOR RECORDS DISPOSITION AUTHOS TT EAE BLA (See vate "$ On reverse) jou co | ‘0: GENERAL SERVICES ADMINISTRATION, ae ""- NC1-263~80—1 _ NATIONAL ARCHIVES AND RECORDS SERVICE, WASHINGTON, DE 20308 . DATE RECEIVED 4. FROM (AGENCY OR ESTABLISHMENT) . _ June 3, 1980 “ 7 __Centra ntelligen Agen : NOTIFICATION TO AGENCY 2. MAJOR SUBDIVISION - . : aaa . . . : Ie accestacce with the provisions ef 44 U S.C. 33032 the disposal re- . Office o eo 4 e Commse U8-/6 quest, iactuding amecdments. 13 eoccovad exceot for items that may 3. MINOA SUBDIVISION be SERNA EA COs PES ARCHES TULS 10. NOT REQUIRED FOR AFPROVAL OF PER AONE RETENTICH OF RECORDS - 4, NAME OF PERSON WITH WHOM TO CONFER Elizabeth S. Lancer, Jon E. Wolfe 4 id ‘ wat 7 6, GEATIFICATE oF AGENCY ePAESENTATIVE, - : apts -. ® 1 hereby certify that |; ain 3u thorized to act Jor ‘this agency in matters “pertaining to the discéeal of the agency’ S records; . - that the records proposed for disposal jn this Request of 2 page(s) are not now needed for the business of this agency or Wilt Flot’ be needed after the retention periods specified. ..... 2. 4. we ote SSR ar Sn Sa ‘CIA Request for inimediate disposal. oo | ; | ne ae ae Dute - Archivist of the United States - 3 Request fot dispose after a specified period of time or request. for permanent fon retention.” Clee _ . . ce. “C. PATE “D. Syne OF ASENCY SY, AgP E. TITLE. 7 5/23/80 | Edgar T. McHenty Associate Records Management Officer 7. : : §. DESCAIPTION OF ITEM 9. 0. ITEM NO. (.Vith inclusive  O2tes or Retention Periods} sate ACTION TAKEN . rs ~ AS MAVERIAL HELD BY, CIA \ akgime 1O THE HOUSE SELECT me COMMITTER GN ASSAS SSTNATIONS, INVESTIGATIONS Hk Coiisist’s aE fu. ‘Aibstdod iye dptuments and other materials - , \ereated: oF revised as: the. result of inquiries made of the CIA bY thé House’ Seisct: Committee on Assassinations ‘ (HSCA} : ‘daring : tits. investigations. into the deaths of ; in wake. [Bresident? Kemiedy ari: Mertin Luther King.-..The collection }. | 0% as includes ait: GLY "Filed ‘requested for review, documents J generated: be the BSCS: as the result-of its reviews, . correspaidence exchanged between the CIA and the HSCA, . and pertinent : supporting | docimentation. The bulk of the collection consists of CLA files reviewed by the Comnittee and is praurily jn the: fom of l6ma roll film produced, stored, and inspécted in accordance with Federal standards for archival microfiis, The microfilming was done-in those instsnces when it was necessary to return the paper files to their original locations. (Each paper File crofilred will he inaintained or*disposed of in accor- | , | t hance with approved records control schedules covering the record series of which the file is a part.)
14-00000 aa OFFICIAL USE aNy | a .est for Records Disposition Authority—Continuation . JOB NO. PAGE OF y oe Lo LID wo CLS om 7 8. DESCRIPTION OF ITEM SAMPLE OR| 2 10. 2 ITEM NO. (With Inctusive Dates or Retention Periods) JOB NO. ACTION TAKEN b.. Textual records not contained in "a above. Permanent. Records to be retained in the Agency Archives and Records Center. Not to be opened without the concurrence of the Legislative and General Cousels. wo Records will be offered for transfer to the National Archives ‘and Records Service when national security . t considerations permit, . , ee | i | i aan a Initial inbpbection of {rein la microfilm will be conducted “team, 7 as réquired by 41CFR 101-11, 507-2, at 2 year intervals 7 from | the approval Aate of. this records disposition request. te Avnenashaate be tis iehédule concurred in by ee ee a at ny Coy . Jon B By iwolge/CEA, and R R Cc Tagge/NARS-NCD, 6/04-05/80. 1 445-203 Four coples, Inciudirig orighrat, tobe suimited to tha Natlonal Archives STANDARD FORM 115-A . Pap Sak Seip Poh Feeenbed tg ara dervces at: stator
14-00000 5 August 1996 CIA's HSCA JFK SEQUESTERED RECORDS - I BOXES 1-63 HARDCOPY MATERIAL The 63 boxes contain copies of material collected or prepared in response to over a thousand individual requests from HSCA. Boxes are grouped by responsible component. With the exception of the security files, there is no general subject grouping or order to the boxes. Individual boxes usually contain a mix of topics and types of documents, and there is much duplication through out the collection. Boxes 1-34 (Directorate of Operations): contains a mix of CIA, third agency (primarily FBI) and Warren Commission documents plus a significant amount of HSCA originated mMaterial*. These records cover a wide range of topics but focus on anti-Cuba/Castro activities and Oswald in USSR, Mexico City and New Orleans. Also included are responses to the large number of names traces requested by the HSCA staff, numerous copies of documents from the Oswald 201, the 1967 IG report, testimony of Richard Helms before HSCA, Nosenko material, CIA cable traffic. Boxes 35-36 (Inspector General): HSCA reports, Senate Select Committee reports, reports on Cuban operations, Book V of Church Committee final report. Boxes 37-38 (Office of the General Counsel): Cuban exile activities, Garrison investigation, name files. Box 39 (Directorate of Science & Technology): Photo comparisons of Hunt, Sturgis and the Dallas tramps; chart of frames from Zapruder film. Boxes 40-48 (Office of Security): name files. Boxes 49-63 (Office of Legislative Liaison): HSCA requests, notes, memos, correspondence and final report, plots against Castro, photos of unknown man, defector study, Nosenko, name files, Mexico City station files, FBI reports, Warren Commission reports. te * approximately 30,000 pages of HSCA originated material has been removed-from the files and transferred to the National Archives.
14-00000 5 August 1996 CIA's HSCA JFK SEQUESTERED RECORDS -- II BOX 64 MICROFILMED MATERIAL Box 64 contains 72 reels of microfilm. All but a small percentage of the materials are CIA-originated, and include cables, dispatches, memoranda, reports, and correspondence. Many of the reels contain a mix of subjects and types of material: Reels 1-20 Individual 201 files, mainly Cubans, some Americans and Soviets Reels 21-22 Cuban Defector AMMUG-1 Reels 23-25 DO Project Files, Garrison investigation Reels 25-28 Cuban exile organizations Reels 28-30 Office of Personnel Files; Mexico City records Reels 31-44 Oswald files; 201 file is duplicate of hardcopy file Reels 45-47 . Nosenko; Mexico City records Reels 48-49 CIA-HSCA Correspondence, 1967 IG Report, Cuban Mug Book, miscellaneous Reels 50-56 Individual 201 Files (includes Cubela) Reels 57-60 Office of Personnel Files Reels 61-62 Nosenko, Golitsyn, anti-Castro activities Reels 62-71 Cuban Revolutionary Council and other Cuban exile organizations. Reel 71-72 Project Files