Statement of--Continued

Norrgard, Lee, chief investigator, Better Government Association, Wash-
ington, DC.

Petrillo, Joseph, Bowman, Conner, Touhey & Petrillo, representing the
National Association of Aircraft and Communications Suppliers.
Patterson, Richard M., government relations manager, Dow Chemical,
Washington, DC.

Relyea, Dr. Harold, specialist in American national government, Congres-
sional Research Service, Library of Congress...

Scherr, S. Jacob, senior staff attorney, Natural Resources Defense Council....

Page

228

466

280

699

600

485

Sedgwick, Tod, publisher, Pasha Publications, representing the Newslet-
ter Association, accompanied by Frederick Goss, executive director......
Smith, Loren A., chairman, Administrative Conference of the United
States, accompanied by Richard K. Berg, general counsel..
Susman, Thomas M., Ropes & Gray, Washington, DC..

993

371

Susman, Thomas M., council member, section of administrative law,
American Bar Association.

949

Theoharis, Athan G., professor of history, Marquette University, Milwaukee, WI...

522

810

417

Webster, William H., Director, Federal Bureau of Investigation
Wolfe, Sidney M., M.D., director, Public Citizen Health Research Group....
Zurkowski, Paul, president, Information Industry Association, accompa-
nied by Robert S. Willard, vice president, government relations

Letters, statements, etc., submitted for the record by

Adler, Allan, legislative counsel, Center for National Security Studies,
American Civil Liberties Union: Prepared statement...

476

922-944

Alvarez, Robert, director, nuclear power and weapons project, Environmental Policy Institute: Prepared statement.

635-639

Bell, Nina, nuclear safety analyst, Nuclear Information and Resource
Service: Prepared statement.

617-633

Blanton, Gen. Charles C., president, Armed Forces Relief and Benefit
Association, Washington, DC: Prepared statement..

651-660

Braverman, Burt, Cole, Raywid & Braverman, Washington, DC: Prepared statement.

291-335

Brown, Hon. Hank, a Representative in Congress from the State of Colorado: Prepared statement.

465-466

Claybrook, Joan, president, Public Citizen, Washington, DC: Prepared statement..

422-459

Cony, Edward R., vice president, news, Dow Jones Publishing Co., representing the American Society of Newspaper Editors and the National Newspaper Association: Prepared statement......

45-73

deLima, Richard F., vice president and secretary, Polaroid Corp.:

EPA 1980 FOIA requests.

362-365

Prepared statement.

340-343

Dinkins, Carol E., Deputy Attorney General, U.S. Department of Justice:
August 27, 1984, letter to Chairman English concerning business
notification procedures provisions of S. 774, and the Department's
Governmentwide policy efforts to promote disclosure under the
FOIA during the past 3 years.

904-905

Prepared statement..

774-810

September 12, 1984, letter to Congressman Kindness concerning sec-
tion 12 of S. 774..

911-913

Engel, Ralph, president, Chemical Specialities Manufacturers Association: Prepared statement..

347-359

31-35, 692-698

English, Hon. Glenn, a Representative in Congress from the State of
Oklahoma, and chairman, Government Information, Justice, and Agri-
culture Subcommittee: Opening statements.
Freedman, D. Michal, associate director for issue development, Common
Cause: Prepared statement.

202-227

Friedheim, Jerry W., executive vice president, American Newspaper Publishers Association: Prepared statement.....

78-88

Graves, Florence, vice president for publications, and editor, Common
Cause magazine, representing Common Cause: Prepared statement.... 161-199
Hammer, Michael W., special investigations and assignments editor, the
Daily Oklahoman, representing the Society of Professional Journalists:
Prepared statement...

94-105

Letters, statements, etc., submitted for the record by--Continued

Kimball, Penn T., professor, Graduate School of Journalism, Columbia
University:

Page

FBI document CIA refuses to clear for Mr. Kimball.
Prepared statement...

263

266-275

Landau, Jack, executive director, Reporters Committee for Freedom of the Press:

Actions taken by the Reagan administration to restrict public access
to Government information.

145-155

Prepared statement.

122-143

McDonald, Michael, general counsel, American Legal Foundation, Washington, DC: Prepared statement

669-687

Mirell, Douglas E., Loeb & Loeb, Los Angeles, CA, representing the
National Committee Against Repressive Legislation:

July 9, 1984, letter to Robert Gellman, counsel, Government Informa-
tion, Justice, and Agriculture Subcommittee, re FOIA legislation 596-599
Prepared statement..

570-589

Murphy, Reg, publisher, Baltimore Sun: Prepared statement.

122-143

Norrgard, Lee, chief investigator, Better Government Association, Washington, DC: Prepared statement..

232-254

Patterson, Richard M., government relations manager, Dow Chemical,
Washington, DC:

Prepared statement..

282-284

Responses to questions asked at hearings on S. 774.

368-370

Petrillo, Joseph, Bowman, Conner, Touhey & Petrillo, representing_the National Association of Aircraft and Communications Ŝuppliers: Prepared statement..

469-476

Relyea, Dr. Harold, specialist in American national government, Congressional Research Service, Library of Congress: Press notices on disclosures made pursuant to the Federal Freedom of Information Act, 197284: A compilation .....

703-768

Scherr, S. Jacob, senior staff attorney, Natural Resources Defense Council:

Articles concerning warheads.

642-648

Prepared statement..

604-614

Sedgwick, Tod, publisher, Pasha Publications, representing the Newsletter Association: Prepared statement..

487-518

Smith, Loren A., chairman, Administrative Conference of the United
States: Prepared statement..

997-1015

Susman, Thomas M., Ropes & Gray, Washington, DC: Prepared state

ment

377-400

Susman, Thomas M., council member section of administrative law,
American Bar Association: Prepared statement.

951-989

Theoharis, Athan G., professor of history, Marquette University, Milwaukee, WI:

Documents from FBI files...........

527-528

Prepared statement...

531-566

Webster, William H., Director, Federal Bureau of Investigation:

Impact of the Freedom of Information Act upon the Federal Bureau
of Investigation.......

814-884

September 20, 1984, letter to Chairman English concerning Glomar-
type response..

906-910

Zurkowski, Paul, president, Information Industry Association: Prepared statement...

481-484

APPENDIXES

Appendix 1.-Freedom of Information Act fee waiver documents...

1017

a. Letter from Chairman Glenn English, Government Information, Justice, and Agriculture Subcommittee to heads of all departments and agencies, dated February 22, 1983......

1017

b. Memo from Jonathan C. Rose, Assistant Attorney General, Office of Legal Policy, Department of Justice, to heads of all Federal departments dated January 7, 1983.

1019

c. Critique of Justice Department's FOIA fee waiver policy, prepared by Richard Ehlke, American Law Division, Congressional Research Service, Library of Congress, January 24, 1983...

1022

Appendix 2.-Letter to Chairman Glenn English, Subcommittee on Govern-
ment Information, Justice, and Agriculture, from Milton J. Socolar, Acting
Comptroller General of the United States, General Accounting Office, dated
August 22, 1984, with comments on S. 774.

Appendix 3.-Statement of the American Society of Access Professionals on S.
774, September 7, 1984.

Appendix 4.-"The (b)(3) Project: Citations by Federal Agencies (1975-82)"
submitted by American Society of Access Professionals, 1984.
Appendix 5.-Statement submitted by the National Association of Manufac-
turers concerning Freedom of Information reforms, June 1, 1984..
Appendix 6.-"Patterns of Support and Opposition to the Freedom of Infor-
mation Act by Principal FOIA Actors," statement of Dr. Dan Siminoski and
Dr. J. Norman Baldwin, Texas Tech University, April 17, 1983.
Appendix 7.-"Our Government Stymies Open Government," by Prof. Robert
Vaughn, American University, the Washington Post, July 1, 1984..
Appendix 8.-Letters submitted to the subcommittee....

a. Letter from Scott Armstrong, staff writer, the Washington Post, dated
November 10, 1984

b. Letter from M.B. Schnapper, editor, Public Affairs Press, dated October 4, 1984, with attachments..

c. Letter from Jo Cart, president, National Federation of Press Women,
and Joye Swain, president, Oklahoma Press Women, on behalf of the
National Federation of Press Women, Inc., dated June 23, 1984..
d. Letter from William P. Giglio, vice president, Washington Affairs,
McGraw-Hill, Inc., dated June 7, 1984.

Page

1031

1036

1044

1057

1063

1094

1097

1097

1113

e. Letter from Chapin Carpenter, Jr., senior vice president/Washington, Magazine Publishers Association, dated June 14, 1984.

1133

1135

1141

f. Letter from Eileen D. Cooke, director, Washington office, American Library Association, dated August 2, 1984, transmitting a resolution...... 1143 g. Letter from Martin Beer, president, Information Consultants, Inc., dated January 9, 1984....

h. Letter from Prof. Peter Irons, University of California, San Diego, dated December 1, 1983...

i. Memorandum to members of the House Subcommittee on Government Information, Justice, and Agriculture, from Charles A. Perlick, Jr., president, the Newspaper Guild, transmitting a resolution, dated July 3, 1984.....

j. Letter from Douglas N. Deline, Dow Chemical Co., dated May 21, 1984... k. Letter from Page Putnam Miller, director, National Coordinating Committee for the Promotion of History, dated July 2, 1984.

1146

1148

1150

1152

1155

THE FREEDOM OF INFORMATION REFORM ACT

THURSDAY, MAY 24, 1984

HOUSE OF REPRESENTATIVES,
GOVERNMENT INFORMATION, JUSTICE,

AND AGRICULTURE SUBCOMMITTEE

OF THE COMMITTEE ON GOVERNMENT OPERATIONS,

Washington, DC.

The subcommittee met, pursuant to notice, at 9:30 a.m., in room 2247, Rayburn House Office Building, Hon. Glenn English (chairman of the subcommittee) presiding.

Present: Representatives Glenn English, Edolphus Towns, Gerald D. Kleczka, Tom Lewis, and Dan Burton.

Also present: Robert Gellman, counsel; Euphon Metzger, clerk; and John J. Parisi, minority professional staff, Committee on Government Operations.

OPENING STATEMENT OF CHAIRMAN ENGLISH

Mr. ENGLISH. The hearing will come to order.

Today's hearing is the first of several on S. 774, the Freedom of Information Reform Act. I have a lengthy opening statement that has been distributed, and I don't propose to read it. I would like to make a few points.

[The Freedom of Information Act and S. 774 follow:]

FREEDOM OF INFORMATION ACT
(5 U.S.C. 552)

Sec. 552

§ 552. Public information; agency rules, opinions, orders, records, and proceedings

(a) Each agency shall make available to the public information as follows:

(1) Each agency shall separately state and currently publish in the Federal Register for the guidance of the public

(A) descriptions of its central and field organization and the established places at which, the employees (and in the case of a uniformed service, the members) from whom, and the methods whereby, the public may obtain information, make submittals or requests, or obtain decisions;

(B) statements of the general course and method by which its functions are channeled and determined, including the nature and requirements of all formal and informal procedures available;