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Mr. BRESSON. I am sorry, I don't have any information concerning that. If it is desired, I might be able to supplement the record with an answer to that. I would have to consult with the DEA for an answer.

Mr. ROMERSTEIN. And the last question concerns a GAO report dated November 15, 1978, which discussed four foreign counterintelligence cases where the FOIA was the reason for the loss of valuable sources. They identified three as potential sources and one an ongoing source who refused to continue to cooperate because of fear of FOIA.

Is this a common situation? Mr. BRESSON. My answer to that would be yes. If I can somewhat quantify that answer, what I am saying is that we in our survey of our field agents found numerous examples of sources, both potential sources, businessmen, paid informants, who were telling us in counterintelligence investigations that they no longer wanted to work for us or provide us information because of their fear that the FOIA would cause us to give up their names or the information they provided. This is a real concern to us.

I am not in a position to measure it in terms of how many sources we have and how many sources made statements like this to us, nor am I sure when a person refuses to cooperate whether or not it is or is not because of the FOIA. But in answer to the question of Congressman Ashbrook, I would have to say that it is definitely a reality. It is a fact that we have documented instances of sources in this intelligence area who have refused to cooperate with us because of the FOIA.

Mr. ROMERSTEIN. Thank you. Thank you, Mr. Chairman.

Mr. MURPHY. Thank you, Mr. Bresson and your staff, for coming in today. We appreciate it very much.

Mr. MURPHY. We adjourn, subject to the call of the Chair.
Mr. BRESSON. Thank you.

[Whereupon, at 2:48 p.m., the subcommittee recessed, subject to the call of the Chair.]



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1 The costs for the FOIPA program are based on total personnel service costs plus other operating expenses.

2 Fiscal years 1976 through 1st quarter of fiscal year 1978—the estimated costs are composed of personnel compensation and benefits only. Beginning with calendar 1978, the costs are estimated on a total cost basis.


Federal Bureau of Investigation personnel allocation for FOIPA Fiscal year :

Positions 1 1975

8 1976

175 1977

208 1978

389 1979

309 1980

309 1 Fiscal year 1975 and 1976 allocated from realignment of personnel within FBI. Fiscal year 1977 through 1980 funded to FOIPA program.

2 Does not include 282 special agents assigned to headquarters during “Project Onslaught."

3 Although allocated 389 for 1978, our highest onboard complement figure reached only 368.

Federal Bureau of Investigation FOIPA requests received 1 1973

64 1974

447 1975

13, 881 1976

15, 778 1977

18, 026 1978

18, 084 1979 through 2/9/79--

1, 438


67, 718 1 1974 FOIA amendments were effective Feb. 19, 1975 ; Privacy Act of 1974 was effective Sept. 25, 1975.

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On April 5, 1979, Mr. Bresson of my staff testified concerning the Freedom of Information Act before your Subcommittee. He was asked to submit our legislative proposals.

Enclosed are the FBI's proposals for your consideration.

Sincerely yours,

withain it arbed

William H. Webster



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in their files, Congress, recognizing the sensitive nature

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Freedom of Information Act into law on July 4, 1966,

he said, "This legislation springs from one of our most

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Johnson was

ce than

decade ago.

The objective of public disclosure aimed toward

the goal of an informed citizenry is one to which the FBI is


For example, although the Privacy Act provides

for the exemption of files compiled for law enforcement

purposes, the Bureau processes first-person requests under

the Freedom of Information Act to afford the requester the

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and Dr. Martin Luther King, Jr.; Cointelpro; and many

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Privacy Acts matters, the Bureau expended over nine million

dollars in the program last year.

Furthermore, we have learned

that because of the Act the FBI is not now receiving vital

information previously provided by persons throughout the

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