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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.]

Appendix A

FEDERAL BUREAU OF INVESTIGATION-SUMMARY OF FOIPA COSTS, FISCAL YEARS 1974 THROUGH 1ST QUARTER

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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.

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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 received1

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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 con

sideration.

Sincerely yours,

Wellain A Webst

William H. Webster

Director

Enclosure

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To make the 1966 Freedom of Information Act more
effective and responsive to an open society, Congress
amended the law in 1974. Because some of the amendments
required law enforcement agencies to disclose information
in their files, Congress, recognizing the sensitive nature
of those files, included provisions which permit law
enforcement agencies to withhold certain types of infor-
mation. Thus, enactment of the amendments was an effort
to strike a balance between the disclosure of sensitive
information and the need to withhold from public disclosure
information which the national security and effective law
enforcement demand be held in confidence.

When President Lyndon B. Johnson signed the
Freedom of Information Act into law on July 4, 1966,
he said, "This legislation springs from one of our most
essential principles: a democracy works best when the
people have all the information that the security of
the Nation permits." I am as convinced today of the
undeniable validity of that proposition as President
Johnson was more than a decade ago.

committed.

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 maximum possible disclosure. In 1978 the FBI made final responses to 20,000 Freedom of Information-Privacy Acts requests. We have placed in our public reading room over 600,000 pages of materials concerning such matters as our investigations of the assassinations of President Kennedy and Dr. Martin Luther King, Jr.; Cointelpro; and many significant cases of historical interest. The public can review any of these materials at no cost. I am well pleased with the FBI's demonstrated response to the mandate of Congress in this area.

It should be noted our response has been achieved at a substantial cost. With over 300 employees at FBI Headquarters assigned full time to Freedom of InformationPrivacy 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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