ARCHIVES [LOGO ]
James H. Lesar
Re: Freedom of Information Act Request NGC12-240
This is in response to your Freedom of Information Act
request of July 20, 2012 to
Ms. Martha Murphy of the Special Access and FOIA Staff, for:
- “All records
reflecting or indicating in some manner the number of
Your request was received in this office on August 24, 2012 and assigned tracking
number NGC12-228….
Regarding the first portion of your request you will find
enclosed 14 documents that pertain to your request for correspondence from
within the NARA CIA ’s
accountability, review and declassification of their interests. The information
withheld was done so per 5U.S.C. &552(b)(3), 50 U.S.C. 403g protecting CIA
names, phone numbers and organizational units and (b)(7)(E), law enforcement
techniques and procedures safeguarding NARA ’s
physical record storage areas, along with (b)(6) personal privacy.
I was not able to find any internal documents that explained
the "difference between the affidavit files by the CIA
in 2008.. .and the letter from Gary Stern, General Counsel for the National
Archives," however the JFK Assassination database online at:
http://www.archives.gov/research/ifk/search.html is the only
documentation in NARA CIA documents withheld until
2017.
As for the communication between the ARRB and the CIA
or NARA CIA
withheld material. Finding aids for the collection can be found online at:
http://www.archives.gov/research/iik/review-board/
I further recommend that you submit a FOIA to the CIA
for any of their internal documents regarding your request since the National
Archives does not have physical or legal custody of them.
If you are not satisfied with our action on this request,
you have the right to file an administrative appeal. Address your appeal to the
Deputy Archivist (ND), National Archives and Records Administration, College
Park , Maryland 20740
Please let us know if we may be of further assistance
Sincerely,
(SIGNED)
(SIGNED)
JOSEPH A. SCANLON
FOIA Officer
Office of General Counsel
Office of General Counsel
Mr. Steven Tilley
Special Access and FOIA Staff
National Archives and Records Administration
Dear Mr. Tilley:
Pursuant to the decisions previously made by the Assassinations
Records Review Board (ARRB) and the terms specified in paragraph eight of the
Memorandum of Understanding Regarding Continuing Obligations of the CIA
Under the JFK Act, this is notification that the Central Intelligence Agency (CIA )
does not seek continued postponement of records that were scheduled for release
in 2001, 2002, and 2003. Effective immediately, the CIA
agrees to the release of the following names when they appear in records of the
JFK Collection:
Whitten, John M.
Feldman, Robert H.
Flick, Charles E.
Munro, George F.
Sumption, Dale E.
Flick, Charles E.
Munro, George F.
Sumption, Dale E.
Whitehead, John E.
Zambernardi, Robert M.
Sincerely,
[REDACTED]
Carl A. Darby
Director of Information Management Service
NW#:6036
DocID:59161506
Joseph A. Scanlon
FOIA Officer, Office of General Counsel NARA
Martha Wagner Murphy
Subject: Meeting with CIA
JFK Team
To: File
Steven Tilley and myself met today with [REDACTED] and four
members of the CIA ’s JFK review team to
clarify issues relating to their processing of documents scheduled to be
released pursuant to guidelines established by the Assassination Records Review
Board (ARRB).
The CIA is currently
processing approximately 12,000 documents. These encompass all of the records
scheduled to be released between 2005 and 2010. Once processing is completed
the CIA will make a determination as to
whether material scheduled up to 2010 can be released early. NARA CIA
before releasing any documents prior to the date established by the ARRB. It
appears that the earliest that processing will be completed is the end of the
calendar year (December 31, 2003 ).
Regarding issues that the CIA
wished to have clarified:
There are inconsistencies within the guidance provided by
the ARRB. For example, the ARRB determined that information that verifies the
existence of some stations should be held until 2017. However the Board also
determined that dispatch prefixes on documents are to be held only until 2006.
These prefixes would in themselves verify the existence of a station.
In instances like this, Steven Tilley indicated that it
would be logical for the CIA to withhold the
prefixes past 2006. If a researcher questions the decision in the future, the
withholding would be defensible.
Similarly, there were cases where ARRB staff incorrectly
assigned codes under which specific words could be redacted within a document.
Each of these codes indicates the reason for redaction and thus the time when
the redaction should be released. It was decided that if a redaction is clearly
miscoded the CIA can correct the code.
Again, it will need to be defensible if questioned by a researcher.
Regarding Administrative files:
TheCIA has approximately 20 archive boxes
of new administrative records we have not yet received. The CIA
is doing data entry on these records. Steven Tilley stressed that, although the
CIA is not using NARA
The
To: [REDACTED] CIA
From: Martha Wagner Murphy, NARA ,
NWCTF
Subject: JFK Master System
This is a follow-up to our phone conversation of today.
Enclosed are the following:
-
One data dick labeled “Agency #176, Disk # 10010 copy
8/11/2004” which is a data disk created by NARA
for NARA records that has been loaded into
the JFK Master System successfully.
-
One data disk labeled “Agency 104 “RH04 10436 #3 of 3 COPY ”,
which is a data disk sent to us from CIA
that we are unable to load.
-
One data disk labeled “JFK Collection Software disk 1
of 1”
-
One data disk labeled “Training Disk for JFK System”
Dick Higgins and I tried to load one of the numerous disks
we have pending from the CIA , I believe
these disks described the Segregated Collection, Printed Microfilm series. The
error we are encountering when we try to lad is “Unknown Version of Data File”.
According to Dick this could mean several things including that the field
format isn’t matching up and that the disk shows a wrong version of a dbf file.
We loaded the disk into an access file to examine it. There is one extra field
on the CIA data disks, the field is called
“moddate”. We tried removing this field and loading it again, but got the same
message.
Dick suggested that if your technical staff thinks it has
solved the problem, they should send us a sample disk and we will try to load
it as a test. He is always available for consultation if your technical staff
would find it helpful…
File
Martha Wagner Murphy
Subject: Telephone conversation with [REDACTED] ofCIA
on September 8, 2004
Martha Wagner Murphy
Subject: Telephone conversation with [REDACTED] of
[REDACTED] called to inform me that the CIA
would not be delivering the CIA interfiles
in the next two weeks since she needs to be out of town on unexpected personal
business. However, we discussed several other issues relating to the transfer
of the CIA interfiles.
We discussed how we might go about completing the
interfiling. Previously [REDACTED] offered her staff to assist NARA CIA
employees working at NARA
We discussed the value of issuing a press release since the CIA
is actually releasing a large number of documents and since this release is
prior to the deadline set by the ARRB. She stated that this is amenable to the CIA
as well. We discussed the possibility of making the newly material available to
researchers for a short period of time prior to completing the interfiling.
[REDACTED] has located several cassette tapes relating to
Nosenko. Some are classified and some are not. They appear to relate to or are
tapes of HSCA hearings. She wanted to know if we wanted them. I informed her
that we would need to get them, she stated that she would include them in the
accession.
[REDACTED] stated that there are some duplicates in the safe
that will be confusing to us in 2017. I stated that any information she has
about the contents of the safe would be helpful, but that I thought this is
something we could deal with after the transfer of the interfiles. After
speaking with Steven Tilley about this later, he and I agreed that we will not
want to dispose of any material that was transferred in the safe, but if the CIA
would like to help us identify the information, we would welcome the
assistance.
She asked for our opinion on whether the CIA
needed to scan into their system the documents that are being transferred to us
as they were redacted. I said that since we will receive the redacted and full
text version of these documents, we have no opinion on this issue. It is up to
the CIA , as an administrative issue, if they
want to document the redacted version in their automated system. I explained
that if the CIA gets a FOIA request for any
of the transferred documents, the can refer that FOIA to NARA NARA
[REDACTED] will call us back when she has a date for
transfer.
File
Martha Wagner Murphy, NWCTF
Martha Wagner Murphy, NWCTF
Telephone Conference Call with [REDACTED] CIA
Today at 9:30 am
Steven Tilley, Dick Higgins and I spoke to [REDACTED] CIA ,
regarding the upcoming transfer of newly opened CIA
records to the JFK Assassination Records Collection. The records transfer will
consist of more open versions of records already in NARA CIA
Collections.
The first issue addressed concerned the JFK Assassination
Collection database data disks that will need to be transferred to NARA CIA and transferred to NARA CIA
in the past could not be loaded in the master system as transferred. [REDACTED]
conveyed the opinion of CIA technical
support that the requirements described by Dick Higgins in his conversations
with the CIA and through the system software
sent to the CIA are different from those NARA NARA
Extract Interface Control Document” which appears to be a CIA
generated document describing the requirements of extracting data and
transferring it to NARA NARA JFK Assassination
Collection Master System. After our conversation, [REDACTED] faxed a copy of
this document to NWCTF. I have sent a copy to Dick Higgins. We assume that we
will need to have a follow-up telephone call between Dick Higgins and me and
[REDACTED] and her technical staff.
The second issue related to the transfer of CIA
original documents to NARA NARA NARA will retain the originals in a
secure stack [REDACTED] She believes that the documents currently in the safes
are open in full copies of the originals that still reside in CIA
control. [REDACTED] verified that NARA NARA
first, after which the CIA will transfer the
originals of those documents that are opened in part or withheld in full. Ms.
[REDACTED] staff will assist NARA in
identifying what is currently in the safes and the true originals of the
withheld documents will be placed in the dual control safes in [REDACTED]
We then discussed the transfer of the newly opened records.
It was decided that the records would be interfiled with the assistance of the CIA .
The interfiling will occur here at the National Archives at College
Park NARA CIA
has opened all documents ordered to be opened by the ARRB through the date 2010.
In order to provide the researchers with a list of each document opened in this
release, we will compile a copy of each record identification form (RIF )
in the newly opened materials. [REDACTED] will see if these RIFs can be
generated by the CIA ’s computer system. If
this is not possible, NARA RIF prior to interfiling the documents.
We will photocopy each RIF prior to interfiling the
documents. We will thus be able to provide researchers with a finding aid to
the newly released materials.
[REDACTED] is hoping to transfer these records either this
week or next week. We will then come up with a schedule for completing the
interfiling.
Finally, I brought up the issue of the few remaining RG 64
and RG 60 documents we have located that have CIA
equities but were not yet reviewed by the CIA .
[REDACTED] said that if we can compile these documents she will examine them
when the team comes to interfile the records. She brought up the issue of
copies of documents that NARA CIA which are still in CIA ’s
custody. The CIA has replied to NARA CIA ’s
FOIA staff would like to keep a copy of these documents for future reference,
and she is trying to determine whether to scan the records or simply save them
in the CIA ’s record center. She explained
that CIA did not see the final open version
of these documents. Steven Tilley asked her to bring a few examples of these
copies with her so he could examine them further.
[(Redactions under) FOIA(b)(3)-50 USC
403g Section 6 of the JFK Act of 1949]
Martha Wagner Murphy, NWCTF
On October 28,
2004 , the Central Intelligence Agency (CIA )
transferred to NARA NARA CIA
decided to review all of their documents withholdings ordered to be released by
the Assassination Records Review Board (ARRB) up until 2010, and release
everything except those withholdings due to be released in 2017. CIA
offered to provide NARA CIA
provided NARA CIA /CIO/IMS
[REDACTED] These staff members were well acquainted with the materials as they
were the individuals who completed the re-review and processing of the materials.
These five individual worked with me and with NARA
The CIA provided
originals for those documents that were deemed open in full and redacted copies
for those with withholdings that will be released in 2017. NARA CIA staff with contractor badges to
allow them to enter the main entrance and room 6350. The CIA
staff provided us with over 300 hours of assistance. NARA NARA
Once the team began processing the records certain issues
arose. The issues and NARA RIF
attached the document. The CIA did not
change the “date of last review” field. However, the date the form was printed
is available at the top and the documents are stamped, most often as released
in 2003. NARA CIA
and NARA NARA
We decided to sort the problems into those with code changes
only and those with more complicated problems. Once processing was completed,
we were left with approximately 170 documents where the only change in the
document was the code of the withholding. We also had approximately 180 documents
where we believe that items that should have been released were not. The most
common example is CIA Dispatch Prefixes
where the ARRB final determination forum indicated that the dispatch should be
released in 2006 or 2010 and they were not. The RIFs for all of these documents
were removed from the finding aid. If the issue was not simply a code change,
the RIFs were disposed of since there was no new information released. If the
issue was a more complicated problem, the documents were segregated and we
retained the RIFs. We will interfile the documents that have code changes only,
following the procedures on the attached memorandum where the old and new
version will be interfiled so that researchers can see the change. We will work
with the CIA to solve the more complicated
problem documents after the files are officially opened and a press release is
issued.
In addition to solving the problem of documents, several
other processing issues are still pending as of the writing of this memorandum.
Since the CIA re-reviewed HSCA files where
they did not have the originals since they were sill in NARA NARA NWL ) that
currently has custody of the original files to transfer the files to Archives
II. NWCTF staff will then have to interfile the pen in full documents so that
the originals are in the open file. The finding aid will provide us with a
complete list of open in full documents. In addition, NWCTF staff will need to
update the master system to indicate the changes made in HSCA documents.
Finally, the CIA staff
will be transferring the originals of those documents that are still redacted
to NARA NARA CIA
staff will assist NARA
To: Les Waffen (NWCS)
From: Martha Wagner Murphy, NWCTF
From: Martha Wagner Murphy, NWCTF
Subject: Transfer of 8 audio cassettes from the JFK
Assassination Records Collection
The purpose of this memorandum is to transfer to NWCS eight audiocassettes accessioned as part of Record Group 253, Records of the Central Intelligence Agency that are part of the JFK Assassination Records Collection. According to the record identification forms (RIFs) transferred with the tapes, all consist of recordings of testimony of John Hart before an open session of the House Select Committee on Assassinations (HSCA) on
It appears that there are four distinct tapes and four
copies described by four RIFs. They are part of the Miscellaneous CIA
textual files. Each tape and its copy has a RIF attached
to it which provides some description. The tapes are open in full, so access is
not an issue.
No transcripts were transferred with the tapes, but the
testimony was published as part of the supporting volumes to the HSCA Report.
The location of the transcript is noted in the comments field of the RIFs.
File
Martha Wagner Murphy, NWCTF
I spoke to [REDACTED] from the CIA
today to inform her that the data disk sent to NARA CIA would not load in the Master
System. Dick Higgins and I tried to load this sample disk today, but we
received an error message. Dick is going to cal [REDACTED] at CIA
to inform him of the problem and search for a solution.
When I was talking
with [REDACTED] she informed me that a member of her team who is locating the
original CIA Administrative documents to
transfer to NARA CIA
will appeal in 2017. This staffer has brought these additional documents to the
notice of [REDACTED] supervisors who have commented that it may be possible for
NARA CIA
and the Assassination Records Review Board (ARRB) relating to the transfer of CIA
documents to NARA
I verified for [REDACTED] that NARA CIA
and the ARRB in 1998. I further informed her that if she needed NARA
[REDACTIONS: FOIA(b)(3)-50 USC 403g
Section 6 of the CIA Act of 1949]
Issues that arose while interfiling CIA
records and decisions made:
- We located specific items in documents that, according to the Final Determination Forum, were supposed to be released in 2006, but were not redacted. – In this case we are simply not interfiling the documents yet. We will need to examine on a case by case and decide how to handle. If no new information is released, the
- Cases where code changed, for example from 06 (name) to 05
(source). In this case the ARRB determined the code should be 06, without
knowing that the person is actually a source. The CIA
changed the code, which changes the date it should be released. Another example
is a change from 08 (identifying information) to 24 (operational detail) or 06
to 24. – In these cases, if there is still new information released in this
document, we are going to interfile, but if not, we will hold for now. We will
eventually interfile the document, but will not include the RIF in the finding
aid for newly released materials since no new information has been released.
-
Typo on the Final Determination Form. On one document
the withholding is determined to be 24 (operational detail). According to CIA
staff, it was agreed with the ARRB that all code 24 redactions should be
withheld until 2017, but on this FDF, the form says release date is 2006. This
must be a typo. Need to decide, just interfile as is or interfile and hand
change the FDF.
-
There will be fewer items of conflict in the documents
that have “fast track” FDFs. In these cases, all we will check is that there is
some new information released, in other words, that the number of withholdings
is less than what is on the form. If it passes that test, it can be interfiled.
We have no way of knowing if one of the withholdings that should have been
released wasn’t since the ARRB didn’t itemize each withholding.
[Screened By: Joseph Scanlon Date: 08-08-2012 DOCID: 59161495]
NW #:6036 DocId:59161495
Martha Wagner Murphy
Processing CIA Originals
of Withheld documents
In Compliance with the JFK Assassination Records Collection
Act of 1992, the CIA has transferred to NARA NARA CIA
and NARA CIA
provided NARA CIA ’s
MORI system. Those lists are attached. This is helpful since document that have
been open in full will not have an original in the safes since the original
will reside in the open files.
-
Issue: When comparing the copies to the originals, we
find that we have a copy of a document, but no original of the document has
been transferred and there is no indication from our list of open in full
documents that this document is open in full.
-
Decision: We will retain the copy as the original and
return it to the safe with the originals.
-
Issue: When comparing the copies to the original, we
find that we have a copy of a document, but no original of the document has
been transferred and the document is included on the list of open in full
documents.
-
Decision: We will put the copy aside and verify that it
is present in the open files on the shelf. If it is, we can then dispose of the
copy.
-
Issue: When comparing the copies to the original, we
find that one of the original documents has a RIF that
indicates it is Open In Full. It will also be included on the list of Open In
Full documents.
-
Decision: We will put the original aside interfile it
in the open files and dispose of the copy currently in the open file.
When we finish verifying a folder of original documents, we
will note on the front “Verification Complete” and write the date. These
original documents will then be placed in the safes.
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