Freedom of Information Act

FREEDOM OF INFORMATION ACT

HEARINGS

BEFORE THE

SUBCOMMITTEE ON

ADMINISTRATIVE PRACTICE AND PROCEDURE

OF THE

COMMITTEE ON THE JUDICIARY
UNITED STATES SENATE

NINETY-FIFTH CONGRESS

FIRST SESSION

OVERSIGHT OF THE FREEDOM OF INFORMATION ACT

SEPTEMBER 15, 16, OCTOBER 6, AND NOVEMBER 10, 1977

Printed for the use of the Committee on the Judiciary

U.S. GOVERNMENT PRINTING OFFICE

21-656

WASHINGTON: 1978

For sale by the Superintendent of Documents, U.S. Government Printing Office
Washington, D.C. 20402

COMMITTEE ON THE JUDICIARY

JAMES O. EASTLAND, Mississippi, Chairman

JOHN L. MCCLELLAN, Arkansas
EDWARD M. KENNEDY, Massachusetts
BIRCH BAYH, Indiana

ROBERT C. BYRD, West Virginia
JAMES ABOUREZK, South Dakota
JAMES B. ALLEN, Alabama
JOSEPH R. BIDEN, JR., Delaware
JOHN C. CULVER, Iowa

HOWARD M. METZENBAUM, Ohio
DENNIS DECONCINI, Arizona

STROM THURMOND, South Carolina
CHARLES MCC. MATHIAS, JR., Maryland
WILLIAM L. SCOTT, Virginia
PAUL LAXALT, Nevada
ORRIN G. HATCH, Utah
MALCOLM WALLOP, Wyoming

FRANCIS C. ROSENBERGER, Chief Counsel and Staff Director

SUBCOMMITTEE ON ADMINISTRATIVE PRACTICE AND PROCEDURE
JAMES ABOUREZK, South Dakota, Chairman

JOHN C. CULVER, Iowa

JOSEPH R. BIDEN, JR., Delaware

PAUL LAXALT, Nevada

STROM THURMOND, South Carolina

IRENE R. EMSELLEM, Chief Counsel and Staff Director
DIANA HUFFMAN, Counsel
DICK MOORE, Minority Counsel

(II)

Gardner, Sherwin, Deputy Commissioner, Food and Drug Administra-

tion, accompanied by Stuart Pape, Office of Chief Counsel, Food and

Drug Division, Food and Drug Administration___

Norton, Gerald P., Deputy General Counsel, Federal Trade Commis-

mission, accompanied by Barry Rubin, Assistant to the General

Counsel

James, Michael, Deputy General Counsel, Environmental Protection

Agency, accompanied by Richard Doehlert, Deputy Associate Gen-

eral Counsel for Grants and General Administration, Environmental

Protection Agency

Schiffer, Lois, Women's Rights Project, Center for Law and Social Policy__

Stewart, Charles W., president, Machinery and Allied Products Institute,

accompanied by Charles I. Derr and Paul J. Seidman__

McGehee, Fielding M., III, Military Audit Project_-_-

Agency panel:

Blake, John F., Acting Director, Central Intelligence Agency, accom-

panied by Anthony Lapham, General Counsel, Central Intelligence

Agency

Feldman, Mark B., Deputy Legal Adviser, Department of State,
accompanied by Barbara Ennis, director, Freedom of Information
staff, and Thomas J. Ramsey, attorney adviser____
Harmon, John M., Assistant Attorney General, Office of Legal Counsel,
Department of Justice, accompanied by Robert L. Saloschin, Chairman,
Privacy, Freedom of Information Committee, Department of Justice----

Lynch, Mark, attorney, American Civil Liberties Union, counsel to the

Project on National Security and Civil Liberties__--

101

111

McCreight, Allen H., Inspector-Deputy Assistant Director, Freedom of In-

formation and Privacy Acts Branch, Federal Bureau of Investigation,

accompanied by Michael Hanigan___.

Justice Department panel:

Shea, Quinlan J., Jr., Director, Office of Privacy and Information Ap-

peals, Office of the Deputy Attorney General___

123

126

133

Saloschin, Robert L., Chairman, Privacy and Freedom of Information

Committee, Office of Legal Counsel__.

133

Schaffer, William G., Deputy Assistant Attorney General, Civil

Division

133

Zusman, Lynne, Acting Chief, Information and Privacy Section, Civil

Division

133

Cohn, Diane B., staff attorney, Freedom of Information Clearing House__

161

Totenberg, Nina, legal affairs correspondent, National Public Radio_-----

Justice Department panel:

Flaherty, Peter F., Deputy Attorney General, accompanied by Quinlan

J. Shea, Jr., Director, Office of Privacy and Information Appeals,

Office of the Deputy Attorney General, and Jerry A. Davis, Chief,

Classification Review and Special Projects Unit, Office of Privacy

and Information Appeals-----

McDermott, John J., Assistant to the Director/Deputy Associate Direc-

tor, Federal Bureau of Investigation, accompanied by Allen H. Mc-

Creight, Inspector-Deputy Assistant Director, Freedom of Informa-

tion and Privacy Acts Branch, FBI, and Marvin E. Lewis, Unit

Chief, Freedom of Information and Privacy Acts Branch, FBI-____

APPENDIX 1

STATUTE

Exhibit 1: Freedom of Information Act_____

178

184

1, 213

1 Numbers in italic type indicate page where exhibit first is referred to in the hearing
text. Numbers in roman type indicate page where exhibit appears.

JUSTICE DEPARTMENT MEMORANDUM

Exhibit 2: Attorney General Bell's May 5, 1977, Memorandum on

Freedom of Information Act--

(b) (4) EXEMPTION-TRADE SECRETS

Thursday, September 15, 1977

ADDITIONAL MATERIAL SUBMITTED FOR THE RECORD

Exhibit 3: Excerpt from final report of HEW review panel on new

drug regulation, May 1977__.

Exhibit 4: Excerpt from Council on Environmental Quality of Toxic

Substances Strategy Committee work plan__.

Exhibit 5: EPA breakdown on categories of FOIA requests re-
ceived

Exhibit 6: Schiffer letter on Agency cosultation with requester_.