AHA Efforts Influence Congress

Following the ample space in our March Perspectives (pp. 3-4) devoted to the AHA-OAH testimony on legislative proposals to exempt certain CIA mate­rial from search and review under the Freedom of Information Act, we are pleased to reprint a letter, addressed to AHA Executive Director Samuel R. Gammon, bearing on the subject from a Member of Congress. Representative G. William Whitehurst, a historian and longtime university professor, is now the ranking minority member of the Subcommittee on Legislation of the House Permanent Select Committee on Intelligence. His letter is a gratifying indication that our advocacy efforts are indeed of influence in shaping legisla­tion on matters of historical concern.

Dear Ambassador Gammon:

Thank you so much for your letter of February 9 reemphasizing the American His­torical Association’s concerns with legislation to modify the application of the Freedom of Information Act to the Central Intelligence Agency. The Subcommittee on Legislation is currently reworking the legislation in light of the testimony of witnesses at our February 8 hearing. The legislation will address the spe­cific concerns you raised concerning access to CIA historical materials and the segregability of sensitive operational information in CIA files.

As you know, the bill I introduced, H.R. 4431, would provide a safeguard to historical interests by requiring a decennial review to determine whether portions  of  exempted CIA files could safely and fruitfully be sub­jected once again to the FOIA search, review and disclosure process. This decennial review provision will in all probability be car­ried forward in the hill to be reported by the Subcommittee. We arc likely to go even fur­ther to protect historical interests by requiring the Director of Central Intelligence, in consultation with appropriate representa­tives of the historical discipline, to examine and report to the Intelligence Committees of the Congress on systematic review and re­lease of CIA materials of’ historical importance.

The Subcommittee will also be considering several provisions designed to resolve your concern about the potential overbreadth of the exemption for CIA operational files due to CIA commingling of sensitive material relating directly to intelligence sources and methods with other types of material. The Subcommittee staff explored this question carefully with CIA records management per­sonnel both in briefings and in site visits to CIA. Based on the detailed information obtained about CIA file systems and records management, the Subcommittee has drafted several provisions which ensure that only sources and methods information, and not disseminatcd intelligence or policy docu­ments, will be withdrawn from the FOIA search. review and disclosure process by exemption of CIA operational files.

The Subcommittee on Legislation will act on this legislation in the near future. You may be assured that the provisions designed to address the concerns expressed by 1he American Historical Association will be considered carefully and that the cause of history will be well served.

Thank you again for taking the time to explain to us what needs to be done to protect the interests of historians in access to CIA materials.