REPLY TO OMB CONCERNING REVISED OMB CIRCULAR A-63

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP73B00296R000400150018-3
• Release Decision: RIPPUB
• Original Classification: K
• Document Page Count: 4
• Document Creation Date: December 12, 2016
• Document Release Date: May 25, 2001
• Sequence Number: 18
• Publication Date: June 6, 1972
• Content Type: MF

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OGC 72-0944
OGC HAS REVIEWED. 6 July 1972
MEMORANDUM FOR: Executive Director -Comptroller
SUBJECT : Reply to OMB Concerning Revised OMB
Circular A-63
1. This memorandum suggests action on the part of the
Executive Director-Comptroller. Such requested action is contained
in paragraph 5.
2. At Tab A is a memorandum of 22 June to many agencies,
including CIA, requesting comments by 7 July on a proposed revision
of Circular A-63, "Committee Management. " The revised Circular
A-63 by its terms would implement Executive Order 11671, "Committee
Management, " of 5 June 1972.
3. At Tab B is the proposed Agency reply to the Assistant
Director, OMB, for the signature of the Executive Director. The
proposed reply takes the position that the disclosure provisions of
E. O. 11671 are inapplicable to CIA, the thought being that it would be
well to go on record with OMB in this regard in timely fashion. The
position derives from the Agency views concerning the then pending
executive order (now E. 0. 11671) and certain legislation concerning
committee management, as set out in the Legislative Counsel memo-
randum of 8 June, which was approved by the Director on 29 June FOIAb5
(Tab C). As indicated in the proposed letter to Senator McClellan
attached to the OLC memorandum of 8 June, the disclosure provisions
of what is now E. O. 11671 would be inapplicable
4. The proposed reply also takes the position that CIA partici-
pation in USIB and the various USIB subcommittees is not subject to the
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Executive Order and the revised Circular. It is our view that the
definitions of "advisory committee, " "industry committee" and
"interagency committee" contained in the Executive Order would
not include USIB and its subcommittees. USIB subcommittees
would not be "advisory committees" because they are composed
wholly of government officials. Obviously, they are not "industry
committees. " And they are not "interagency committees" because
they are established by the Director of Central Intelligence, in his
capacity as Chairman of USIB and under the authority of a National
Security Council Intelligence Directive, and not "by a department
or agency. " See subsections 1(6), (7) and (8) of the Executive Order,
which is attached to the OMB memorandum of 22 June (Tab A).
While we believe this is the correct legal interpretation of the Order,
it very well may be that OMB, in drafting the Order, did not mean
to exclude the USIB committees. (In this regard, the Agency was
not asked to comment on the draft Executive Order and in fact did
not do so. ) There is also the difficulty that the Agency has reported
to OMB under the existing Circular A-63 and the then current Execu-
tive Order (to which E. O. 11671 is the successor) for the years 1966
through 1971 and the definitions of the two Orders are not significantly
different in these regards.
5. OPPB advises that the Agency has very satisfactory rela-
tions with the International Division of OMB and that we would be
willing to furnish that Division any informaion it desires concerning
CIA participation in USIB and other committees, with or without the
existence of an Executive Order requiring us to do so. It of course
is important to continue to maintain a good relationship with OMB,
particularly the International Division, but it is important also to
make clear the Director's position and powers as head of Central
Intelligence. It is our recommendation, therefore, that the draft
reply at Tab B to the Assistant Director of OMB be signed and
dispatched and that OPPB advise the International Division of our
reply to the Assistant Director and assure that Division that the
Agency will furnish it whatever information on committee activities
which the Division may request. STATINTL
LAWRENCE R. HOUSTON
General Counsel
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SUBJECT: Reply to OMB Concerning Revised OMB Circular A-63
CONCURRENCE:
OPPB
-=='F, C
Distribution:
OGC:RHL:sin
Original - OGC w/background
1 - ExDir
1- ER
1 - OPPB
1 - OLC `-
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