ARRB - TESTIMONY BEFORE
Originator: CIA
Document date: 06/04/1996
Document type: PAPER - TEXTUAL DOCUMENT

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2022 RELEASE UNDER THE PRESIDENT JOHN F. KENNEDY ASSASSINATION RECORDS ACT OF 1992

CIA HAS NO OBJECTION TO

DECLASSIFICATION AND/OR

RELEASE OF CIA INFORMATION

IN THIS COCUMENT

MINUTES

OPEN BOARDING MEETING

JUNE 4, 1996

WASHINGTON, 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 I, 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

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It was noted that the COPA Conference will be held in Washington, D. C. Octöber 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 submitted,

Jani Olam

Jerrie Olson

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•

..

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

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

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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 ASCA. 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.

* approximately 30,000 pages of HSCA originated material has

been removed-from the files and transferred to the National

Archives.

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:

CIA SPECIAL COLLECTIONS

RELEASE IN FULL

2000

ARRB OPEN

MEETING

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]

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ISSINATION

Assassination Records Review Board

600 E Street NW • 2nd Floor • Washington, DC 20530

(202) 724-0088 • Fax: (202) 724-0457

REVIEW

BOARD

CIA HAS NO OBJECTION TO

DECLASSIFICATION AND/OR

RELEASE OF CIA INFORMATION

IN THIS DOCUMENT

AGENDA

OPEN BOARD MEETING

AUGUST 6, 1996

WASHINGTON, D C

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

BOARD MEMBERS: John R. Tunheim, Chair • Henry F. Graff • Kermit L. Hall • William L. Joyce • Anna K. Nelson

EXECUTIVE DIRECTOR: David G. Marwell

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(by CHRG)

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.

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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.

2

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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.

3

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REVIEW AND DECLASSIFICATION OF THE SEQUESTERED FILES

In 1992, CIA wrote to Speaker of the House Thomas Foley

requesting approval to begin declassifying and releasing the

records.

In October of that year, Mr. Foley wrote a letter

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.

4

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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.

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....

• "

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.

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J. Gunn

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 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

Sswald in Mexico City by Hardaway and Lopez

JFK Library

Release this fall of many records related to Cuba

I am pleased to say - and I offer this as my personal opinion - that I have

seen no example where the Board has postponed any information that

bears directly on the assassination. I believe that the story is coming out

with the records that are being released.

Issue immediately before us is the ClA'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

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lIl.

- 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.

I 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.

A very common name -- I 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

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-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.

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.

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.

7.

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

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IV.

•-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.

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

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.

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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 internal 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

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(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

nas been able to identify no relevance, a memorandum will be written to

lescribe generally the type of records and explain the basis for finding n

relevance.

Fifth, with regard to the microfilm copy of the Oswald 201 file, the staff will

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.

I recommend that the Board, in the near future, deliberate on the guidance that it

wishes to give to the staff regarding these matters.

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cm

RHH

CIA HAS NO OBJECTION TO

DECLASSIFICATION AND/OR

RELEASE OF CIA INFORMATION

IN THIS DOCUMENT

ASSASSINATION RECORDS REVIEW BOARD

1

PUBLIC BOARD MEETING

JOHN R. TUNHEIM, CHAIRMAN

Tuesday,

August

6,

1996

1:00 p.m.

600 E sor 2t6 N.W.

Room

Washington, D.C.

MILLER REPORTING, N. E. INC.

507 C

STREET,

ASHINGTON

2021 546-666

20002

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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,

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

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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.CC20002

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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

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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

recora.

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 E SITE, WE INC.

507 C STREET

VASHINGTON, D.C. 20002

1a001

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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

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

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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

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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'11 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

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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

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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.

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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? DI. 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

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isn't duplicative?

DR. JOYCE: Yes.

MR. HARRELSON: This is where you get into

the 201

files which make up the bulk of the

[these files]

microfilm, and it coverd the erero of individuals

who were not -- or areas of their careers that were

not involved in the assassination periley

there would not be documents from these 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 documeuts)

where we

found 43 copies.

so, most ofit --I

would

say,

every document is duplicated at least

once,

and used al 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

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32

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 i2 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,e the duplicate microfilm 201 file,and

the - well, that's the only exception. We have

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, so, we're assuming

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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'11 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

work,

but thank you.

We now know who that person

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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 feelin

each

[tuber

those filerasigned by the staffers, and the

Lare on the sheet]

notations,these.

We have

never -- Since we were

viewing the file as

a whole, He never went through

and calculated which

a indicated, they

Inotbeen?

oy the HSCA]

had reviewed on

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

documents.

Er take tere the

since the hard copy of to copies

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35

made available todeg, 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.

[Trefiles I

MR. HARRELSON: Theynwere held in one

Qwere

central location -- all notes

mes review?!

The

staffers, as I understand it, would come and review

these files, makes their notes. And the notes

[CIA]

would then be reviewed by, -- at least,

person. And

their notes could be takey, but the

files were held in one location secure.

MR. PEREIRA: There was an arrangement

whereby, if they wanted to

use a record

elsewhere

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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?

gentlemen.

[No response.]

CHAIRMAN TUNHEIM:

Thank you very much,

We appreciate your help today.

MR. PEREIRA: A pleasure.

CHAIRMAN TUNHEIM:

Next, I'd like to ask

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## Page 36

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FOR OFFICIAL USE ONLY

CIA SPECIAL COLLECTIONS

RELEASE IN FULL

2000

CSI-0337/96

12 August 1996

MEMORANDUM FOR:

FROM:

SUBJECT:

Executive Director

John F. Pereira

Acting

• Director, Center for the

Study of Intelligence

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

---

## Page 37

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FOR OFFICIAL USE ONLY

SUBJECT: CIA Testimony at JFK Assassination

Board Hearing

5. From CIA's perspective, the hearing went smoothly. The

soard accepted CIA's testimony without criticism. None of the

Four public witnesses raised any serious concerns about CIA's

handling of the JEK 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

---

## Page 38

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FOR OFFICIAL USE ONLY

SUBJECT :

CIA Testimony at JFK Assassination

Board Meeting

AD/DCI/CSI/JFPereira:bas/x30373 (12 Aug 96)

Distribution:

Original - Addressee

1 - Executive Registry

1 - D/CSI

1 - CSI File

1 - CSI Chrono

1

B.

Harrelson, HRG.

1 - HRG File

3

FOR

OFFICIAL USE ONLY

---

## Page 39

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:

..-.

11.

CIA SPECIAL COLLECTIONS

w. wunn

DRAFT

Where we are in the process of ClA records

We have almost completed the Oswald 201 file.

Size 17 boxes

Postponements have been reviewed word by word

We are now turning 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 Libralease this fall of many records related to Cuba

I am pleased to say - and l offer this as my personal opinion - that I have

seen no example where the Board has postponed any information that

bears directly on the assassination. I believe that the story is coming out

with the records that are being released.

Issue immediately before us is the ClA's sequestered collection.

Mr. Pereira has described it from the perspective of the agency.

d....

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

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## Page 40

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Ill.

- 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.

I 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 ClA 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 -- I 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.

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

ecruit her to collect information on Cuba through her family and friends,

out 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.

Cuban cultivated for operational work against Castro in whom CIA lost

interest when he was not able to meet operation standards.

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

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## Page 41

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.

-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.

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.

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

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## Page 42

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-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 avallable 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.

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## Page 43

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- 5 -

...

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 internal 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

:

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## Page 44

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-6 -

(DRE, Alpha 66, etc.), Minutemen, etc.

Third, for a file where no relevance can be found, the staff will write a

memorandum identitving the ne

explanang tum basis of i ding i, relevaning. The sia memora, dum 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.

I recommend that the Board, in the near future, deliberate on the guidance that it

wishes to give to the staff regarding these matters.

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## Page 45

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Assassination Records Review Board

600 E Street NW • 2nd Floor • Washington, DC 20530

(202) 724-0088 • Fax: (202) 724-0457

REVIEW

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.

Sincerely,

T. Jeremy

General Counsel

Enclosure

cc: Linda Cipriani, Esq.

BOARD MemBeRs: John R. Tunheim, Chair • Henry F. Graff • Kermit L. Hall • William L. Joyce • Anna K. Nelson

EXECUTIVE DIRECTOR: David G. Marwell

---

## Page 46

:

CIA SPECIAL COLLECTIONS

RELEASE IN FULL

(

2000

MEMORANDUM OF UNDERSTANDING

BETWEEN THE DIRECTOR OF CENTRAL INTELLIGENCE

AND THE SELECT COMMITTEE ON ASSASSINATIONS

a Augus: 1977

I. Preparation of Materials

A. The Central Intelligence Agency (CLA) 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 ClA, and held by the CLA, that bears

upon the study and investigation authorized by H. Res. 222.

notify the Committee of any requested information held by ClA not

vithin the releasing authority of the ClA, 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

CLA 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, CLA will appropriately sanitize,

including

excising if necessary, information to assure protection of information

identifying sensitive sources and methods. When an excision is made,

CLA 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 CIA.

Those matters on which they do not agree

shall be referred to the Chairman, Ranking Minority Member, and the

DCI for resolution.

0

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## Page 47

D. In making any excisions or other alterations of requested

materials,

CLA shall be bound by 18 U.S. C. Subsection 1505 and all

other applicable statutes.

Il. Request Procedure

The CLA 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 CIA only via the Coordination and Review Staff. Absent extraordinary

circumstances, appointments with CLA employees and former employees

will be arranged through the Coordination and Review Staff.

B; All Committee requests for information will be in 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 Counsels.

IlI. 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

reguiring 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

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

in a CIA reading room set aside for this purpose or in a designated area

within the Committee's offices.

VI. Storage of Materials

approved by, the CIA.

2

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## Page 48

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 ol time. All persons naving 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.

VIl. Disclosure o3 laiormation

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.

Il 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 inforraation.

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. I the Chairman of the Committee considers

that the negotiations have reached an impasse, he will give the DCI a

writen notice to that eriect.

and the Committee will take no steps until

at least 14 days therealter to disclose the information in dispute.

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.

Director of Cea

Date

August 29, 1977

Date

3

---

## Page 49

14-00000

OLC 79-2477

10 August 1979

MERCRANDUM FOR: Mr. Gaorge Frates

Al/Records Management Division

ISS/DCA

FROM

SUBJECT

: Rodger 5. Gabrielson

Office of Legislative Counsel

: HSCA Kecords

1. During the course of the HSCA investigations, much classified

information was assembled in response to HSCA requests. Three categories

of. information must now be disposed of under terms of the NSCA/DCI

Memorandum of Understanding.

Category la: Classified material from Agency

holdings, requested by the HSCA, nich HSCA staff

members reviewed.

Category lb: Classified material from Ayency

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

iscA in response to the latter's request. Note:

This HSCA material is considered by the SCA as its

property and, therefore, not releasable to the

public under

the Freedom of Information Act. An

inventory of this material received from MSCA has

been completed.)

Category 3: Classified correspondence and certain

unclassified correspondence exchanged between this

Agency and the iSCA.

2. The MSCA has indicated its desire that copies of inese three

utegories of material be held in sealed and segregated storage to

ensure the preservation of all relevant records pertaining to the

whase of the investigation involving this Agency.

In order to accori-

nodate the HSCA, but diso leave our own recorás accessible for routine

purposes, a photographic copy should be lade of each official Agency

document made availabie in response to a specific request by the MSCA

(Category la and 1b).

r.

---

## Page 50

14-00000

....

3. Ucon completion of the task of photographing the Category la

held in segregated storage by the Agency, in accordance with schedules

establisned by tha Archivist of the United States.

4. documents are now in the individual custodies of members of

the Agency HiSCA Task Force.

These individuals are listed by attachment.

5. Please advise on your recormended procedures for photographing

these documents and procedures for entering these copies into sealed

storage.

Rodger S. Gabrielson

Attachment

----..

---

## Page 51

LOS FOR RECORDS DISPOSITION AUTHORITY

see instruct,

r's on reverse)

10E(/

LEAVE BLANX

¡O: GENERAL SERVICES ADMINISTRATION

NATIONAL ARCHIVES AND RECORDS SERVICE, WASHINGTON, DC 20408

1. FROM (AGENCY OR ESTABLISHWENT)

Central Intelligence Agency

2. MAJOR SUBDIVISION

Office of Legislative Counsel; (08-76)

3. MINOR SUBDIVISION

NC1-263-80-1

DATE RECEIVED

June 3, 1980

NOTIFICATION TO AGENCY

In accordaice mith the provisions el d6 US.C. S.C. lte dissosal re-

A. NAME OF PEASON WITH WHOM TO CONFER

S. TEL. EXT.

WOT REQUIRED FOR AFPROVAL OF

PERMARaVI RETENTIC OF RECORDS

Elizabeth S. Lancer, Jon E. Wolfe

David l. Landram

hereby certify that am authorized to act jor this agency in matters pertaining to the disposal of the agency's records;

that the records proposed for disposal in this Request of -

this agency or will not be needed after the retention periods specifi, page(s) are not now needed for the business of

• A Request for immediate disposal.

L B Request for disposal after a specified period of time or request for permanent

retention.

C. DATE

E. TITLE

5/23/80

ITEM 1:0.

Edgar I. McHeniry

5. DESCRIPTION OF ITEM

(Viln inclusire Darey or Retention Periods)

Associate Records Management Officer

SAMPLE OR

JOB NO.

ACTION TAKEN

].

MATERIAL HELD BY CIA RELATZG TO THE HOUSE SELECT

CO-MITTEE ON ASSASSINSTICNS INVESTIGATIONS

Corisists-e

all suestantire documents and other materials

the result of inquiries made of

the CIA by the House Select Committee on Assassinations

(HSCH) during its investigations into the deaths of

Fresiden Xemedy antiatin Lutber King. The collection

includes air cit files reqested for review, documents

generated by the Hsat as the result of its reviews,

correspondence exchanger- between the CIA and the HSCA,

and pertinant supporting cocisentation.

collection corsists of CIA files reviewed by the Connittee

and is primarily in ito fou of lom roll film produced,

stored, and inspected in accordance with federal starcards

for archival nicrofilm. The microfilming was done. in

those instances when it was necessary to return the paper

Files to their original locations.

(Each paper file

microfiled will be iraintained or disposed of in accor-

lance with approved jeconds control schertiles covering

the record series of which the file is a part.)

a.

Sitver prigirai 15m microfilm procused, stored, art!

ita-iod

STAV0190 FORM 113

---

## Page 52

ITEM" NO.

FOR OFFICIAL USE ONLY

est for Records Disposition Authority- Continuation

8. DESCRIPTION OF ITEM

(With Inclusive Dates or Retention Periods)

JOB. NO.

+001-263-88-1

SAMB NOR

PAGE OF

ACTION TAKEN

bo. Textual records not contained in la" 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 Counsels.

Records will be offered for transfer to the National

Archiven and Recorde Service when national security

considprations permit.

Initial inspection of Item la microfilm will be conducted

as required by 41CFR 101-11, 507-2,

at 2 year intervals

from the approval date of this records disposition request.

Athendments

to this bebedule concurred in by

Jop E. Wolfe/CIA, dnd R C Tagge/NARS-NCD, 6/07-05/80.

115-203

Four coples. Including originat, to Do sü5mitied to tha Nailonal Archives

STANDARD FQRS1 115-A

N 441585.4195771

Finished 142002159541505

it cstate

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## Page 53

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

isually contain a mix of topics and types of documents, and

chere 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.

* approximately 30,000 pages of HSCA originated material has

been removed-from the files and transferred to the National

Archives.

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## Page 54

14-00000

5 August 1996

CIA'S HSCA JEK SEQUESTERED RECORDS

-- II

BOX 64 MICROFILMED 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; 20i 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

---