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Campbell, Nancy Duff:

Page

Testimony ....

347

Prepared statement.

353

Capener, Ted:

Testimony

149

"Alter the Information Law?" by Milton Hollstein, from the Deseret

News, Salt Lake City, Utah, July 13, 1981..

149

Additional material from the Department of Justice

157

Caracristi, Ann:

Testimony

612

Prepared statement

617

Casey, William J.:

Testimony.....

578, 963

Prepared statement.

587

Answers to questions submitted by Senator Thurmond.

596

Cony, Edward: Testimony.

829

D'Amato, Hon. Alfonse M.:

Testimony

567

Prepared statement

570

Answers to additional questions..

574

Dornfeld, Steven R.:

Testimony

124

Prepared statement

128

Ford, Ernie:

Testimony....

832

Prepared statement

836

Address of Katherine Graham, to the National Convention of the Society

of Professional Journalists...

840

Halperin, Morton H.:

Testimony.

599, 866

Prepared statement.

607, 870

Jacobs, Jerald:

Testimony

752

Prepared statement

755

Landau, Jack:

Testimony

763

Prepared statement

772

Marthinsen, John:

Testimony

223

Prepared statement

229

McGoldrick, Vince: Testimony.

560

Meyer, Katherine A.:

Testimony

517

Prepared statement

521

Milgrim, Roger:

Testimony

706

Prepared statement

709

Nelson, Anna K.:

Testimony .......

945

Prepared statement of the Organization of American Historians..

948

Nesoff, Robert:

Testimony

544

The Negative impact of the Freedom of Information Act and Privacy Act

on Law Enforcement Agencies......

549

O'Reilly, James T.:

Testimony

255

Prepared statement

260

Response to Allan Robert Adler

937

Otto, Jean: Testimony.

809

Perito, Paul L.:

Testimony

717

Prepared statement

720

Pulley, Jack I.:

Testimony

320

Prepared statement

323

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Pulley, Jack I.-Continued
The Freedom of Information Act: "Strategic Opportunites and Threats,"

by David B. Montgomery, Anne H. Peters, and Charles B. Weinberg, Page
from Sloan Management Review, Winter 1978 ......

332

Rose, Jonathan C.:

Testimony.....

159, 630

Prepared statement

167

Memorandum of Benjamin R. Civiletti..

178

Letter from Attorney General William French Smith to Hon. George

Bush, President of the U.S. Senate, and the Department of Justice

legislative proposal to amend the Freedom of Information act

638

Rowe, Charles:

Testimony

813

Prepared statement

817

Scalia, Antonine: Testimony

953

Stevenson, Russell:

Testimony .......

203

Prepared statement

209

Saloschin, Robert L.:

Testimony .......

73

Prepared statement

83

Six Points That Every Businessman and Corporate Executive Should

Know About the Freedom of Information Act (FOIA).

100

Taft, William:

Testimony

104

Statutes which may conflict with FOIA

111

Proposed Restriction on Disclosure of Technical Data Under FOIA.

120

"Technology Transfers to the Soviet Union," by Casper Weinberger from

the Wall Street Journal, January 12, 1982

123

Virden, Prospere S., Jr.:

Testimony

425

Prepared statement

428

Vladeck, David C.:

Testimony .....

372

Prepared statement

375

Webster, William H.:

Impact on current informants or potential informants resulting from
present FOIPA disclosure policies...

487

Testimony

847, 973

Impact of FOIA and the Privacy Act on Law Enforcement Activities 990
"Effect of FOIA on DEA Investigations,” by Francis M. Mullen, Jr.,
Acting Director .....

1041

Whale, Arthur R.:

Testimony

392

Prepared statement

397

Wieghart, James:

Testimony

491

Prepared statement

501

Wilson-Hoff, Joan: Prepared statement.

796

Worthen, David M.:

Testimony

745

Prepared statement

747

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FREEDOM OF INFORMATION ACT

WEDNESDAY, JULY 15, 1981

U.S. SENATE,
SUBCOMMITTEE ON THE CONSTITUTION,
COMMITTEE ON THE JUDICIARY,

Washington, D.C. The subcommittee met, pursuant to notice, at 9:30 a.m., in room 2228, Dirksen Senate Office Building, Senator Orrin G. Hatch (chairman of the subcommittee) presiding.

Present: Senators Hatch and DeConcini.

Staff present: Tom Parry, chief counsel; Randall Rader, counsel; Steve Markman, general counsel; Peter Ormsby, professional staff assistant; Dickson Burton, law clerk; and Claire Greif, clerk. STATEMENT OF HON. ORRIN G. HATCH, A U.S. SENATOR FROM

THE STATE OF UTAH, CHAIRMAN, SUBCOMMITTEE ON THE CONSTITUTION

Senator HATCH. Good morning. We will call the Subcommittee on the Constitution to order.

Today we are going to hold hearings on the Freedom of Information Act.

Knowledge will forever govern ignorance, and a people who mean to be their own governors must arm themselves with the power knowledge gives. A popular government without popular information or the means of acquiring it is but a prologue to a farce or a tragedy or perhaps both.

With those words from James Madison, I would like to open this first hearing on the Freedom of Information Act. This inspiring quote from one of our foremost Founding Fathers was also invoked in 1974 when the 1966 act was substantially rewritten. It is an appropriate reminder that our national policy favoring an open and free exchange of ideas was not born in 1966.

In fact, another enduring passage would serve well to remind us of the origins of our Nation's policy on freedom of information. That passage reads as follows: "Congress shall make no law abridging the freedom of speech, or of the press.” As you all know, that is the first amendment in our beloved Constitution. In the spirit of Madison's comment and under the mandate of the first amendment, our Nation is irreversibly committed to a freedom of information.

Besides the obvious virtues of an open government, the Freedom of Information Act is particularly valuable to a nation which has just recently welcomed the Reagan administration to the White House. President Reagan has reinvigorated our awareness that the Federal Government must be held accountable for its activities.

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Otherwise, it could become master rather than the servant of the people.

In the context of this refreshing new attitude of the Reagan administration, I would like to share a favorite passage from American literature. Henry David Thoreau wrote:

I went to the store the other day to buy a bolt for our front door, for, as I told the storekeeper, the Governor was coming here. “Aye,” said he, "and the Legislature too." "Then I will take two bolts," said I. He said that there had been a steady demand for bolts and locks of late, for our protectors were coming.

That is by Thoreau in "Walden and Civil Disobedience."

The Freedom of Information Act can often act like one of Thoreau's bolts. It can protect us from our protectors by giving us some knowledge about how to comply with Government regulations or how to challenge an arbitrary Government decision.

Just as the Freedom of Information Act holds the Government accountable to an informed electorate, however, the Freedom of Information Act itself must also be held accountable. Since the enthusiastic rewrite of the act in 1974, it has at times frustrated rather than fulfilled its basic mission of insuring Government efficiency and informing voters. FOIA has occasionally disrupted vital national security and law enforcement activities and has been misused by businesses which had no intention of keeping abreast of Government programs but found it a convenient tool for obtaining confidential or other information about a competitor.

FOIA seems to be complicating our vital foreign intelligence capabilities by causing reluctance among foreign sources of information to cooperate with U.S. officials. FOIA appears to also restrict sharing of intelligence amongst Federal and State and local law enforcement officials. Moreover, informants are no longer willing to divulge critical information to law enforcement agencies when they have a constant fear and dread that their identities will be disclosed through the Freedom of Information and Privacy Acts.

FOIA also seems to be exploited by competing businesses. More than three out of five requests for information under the Freedom of Information Act are now filed by businesses and their attorneys, not the private individuals, public interest groups, journalists, and scholars that were intended to be the primary beneficiaries of the act.

This subcommittee must begin the legislative process to restore the balance between public access to Goverment information and efficient execution of necessary functions. While insuring that citizens can explore freely their relationship to the Government, we must protect the privacy and confidentiality of other citizens mentioned in Government records.

I would like to conclude these introductory remarks much as I began, with a reminder of our free information heritage. Thomas Jefferson, speaking nearly 200 years ago about the importance of our first amendment, emphasized that:

Were it left to me to decide whether we should have a Government without newspapers or newspapers without a Government, I should not hesitate for a moment to prefer the latter.

Our free information policy has been one of the hallmarks of our Republic for two centuries. From this perspective, we look forward to examining the Freedom of Information Act to insure that this

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