The New York Times - June 5, 1983
Robert Pear, Special To The New York Times

Representative Ted Weiss, Democrat of Manhattan, said a "serious lack of cooperation" by the Federal Centers for Disease Control was impeding the work of a House subcommittee studying the cause, treatment and prevention of the disease.

Mr. Weiss is chairman of the panel, the House Government Operations Subcommittee on Intergovernmental Relations and Human Resources. The subcommittee has been trying to interview Federal officials and review files to assess the work being done on the disease by the Centers for Disease Control and the National Institutes of Health.

Mr. Weiss and at least a dozen other lawmakers have asserted that the Government's response to the epidemic was belated and inadequate, even though Dr. Edward N. Brandt Jr., an Assistant Secretary of Health and Human Services, said recently that the disease was "the No. 1 priority" of the Public Health Service.

The conflict between Mr. Weiss's panel and the Public Health Service is one of many such disputes each year between the legislative and executive branches of Government. But it is notable because it reflects the sense of urgency with which many members of Congress have come to view the disease in the last few months. House Votes More Funds

The House of Representatives voted last week to spend $12 million more on AIDS research, which would bring the total this year to $26.5 million. The Senate is expected to approve a similar increase next week.

Since June 1981, the Government has received reports of 1,450 cases of the disease, which leads to a breakdown of the body's immune system against disease. Seventy-one percent of the cases have occurred among homosexual or bisexual men, and 17 percent of those with the disease had taken drugs through the vein.

Scientists have speculated the disease might be transmitted through sexual contact, through blood or blood products or through the use of contaminated needles to inject drugs.

Susan G. Steinmetz, an investigator from the staff of Mr. Weiss's subcommittee, went to Atlanta last month to visit the Centers for Disease Control. Officials there told her Mr. Weiss would have to describe, in writing, the specific documents and files he wanted to see. Visit Ended Abruptly

They said employees would be instructed not to answer questions about budget requests and research plans being developed by the agency. Miss Steinmetz's visit ended abruptly after three days of fruitless negotiations on the conditions for access to documents and personnel at the agency.

In a letter to Dr. William H. Foege, director of the Centers for Disease Control, Mr. Weiss said the proposed restrictions were "clearly designed to limit Congressional access to information and to interfere with the subcommittee's right" to review the agency's activities.

Mr. Weiss said the subcommittee had encountered similar, though less serious, problems at the National Cancer Institute, which is also conducting research on the disease. Twenty-six percent of AIDS patients have developed a rare form of cancer known as Kaposi's sarcoma.

Representative Les AuCoin, an Oregon Democrat, asserted that the disease had "already killed more people than legionnaires' disease and toxic shock syndrome combined." But he said social prejudice against homosexuals had discouraged intelligent public discussion of the disease and had "prevented formulation of a coordinated response by health professionals and the Federal Government."

Elvin R. Hilyer, assistant executive officer of the Centers for Disease Control, said: "It appears that we have something to hide, and we don't. We were just trying to set up procedures for people to visit the agency in an orderly way without disrupting our work." Health Secretary's Explanation

Margaret M. Heckler, the Secretary of Health and Human Services, said in a letter to Mr. Weiss that the department was restricting access to its files in order to protect the identity of patients and to avoid the disclosure of trade secrets, such as information about new drugs.

Shellie L. Lengel, a spokesman for the Public Health Service, said it was particularly important to protect the privacy of homosexuals, who might not cooperate with Federal health agencies if they feared disclosure of their names.

Mr. Weiss's aides said the subcommittee had no interest in the names of patients but wanted documents relating to the policies and budget of the Public Health Service.

Stanley M. Brand, general counsel to the clerk of the House, said Federal courts had repeatedly upheld the right of Congress to obtain such information.

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