LETTER TO HONORABLE ABRAHAM RIBICOFF FROM W. E. COLBY

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP77M00144R000800120031-9
• Release Decision: RIPPUB
• Original Classification: K
• Document Page Count: 4
• Document Creation Date: December 20, 2016
• Document Release Date: October 5, 2007
• Sequence Number: 31
• Publication Date: December 16, 1975
• Content Type: LETTER

OLC 75-0301/b
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' 13xe1utivn R-C-Astey
WASHINGTON,D.C. 20505 17-5 --S f 2?
Honorable Abraham Ribicoff, Chairman
Committee on Government Operations
United States Senate
Washington, D. C. 20515
16 DEC 1915
This is in response to your request for comments on S. 495. Entitled
the "Watergate Reorganization and Reform Act, " the bill seeks to establish
certain Federal agencies, effect certain reorganization of the Federal
Government, and implement a broad range of reforms in the operation of
the Federal Government.
The only provision of S. 495'which deals directly with intelligence
matters is Section 204. This section would prohibit an individual employed
by, or detailed to, any agency of the Executive Office of the President from,
directly or indirectly, engaging in intelligence gathering activities concerning
the national security unless specifically authorized to do so by statute.. This,
section could affect the National Security Council, the Central Intelligence
Agency, and the President's Foreign Intelligence Advisory Board, to the
extent that these organizations could be considered "agenc [ies] of the
Executive Office of the President" and to the extent that their respective
foreign intelligence responsibilities are not specifically authorized by statute:
a. The National Security Council exists to help the Chief
Executive carry out his special powers and responsibilities in the
field of foreign affairs. The statement on Organization and Functions
of the Executive Office of the President, 14 F.R. 7856, as amended 17
F . R . 6204: 18 F . R . 5668, locates the Council in the Executive Office
of the President. The Council was established by the National
Security Act of 1947 "to advise the President with respect to the
integration of domestic, foreign, and military policies relating to the
National Security...." The critical role played by the Council in
foreign intelligence matters is a natural concomitant to this general,
statutory charge and reflects the collective judgment of successive
Presidents on how best to conduct this Executive branch function.
It is also implicit in the various provisions of the Act which place the
Council in a supervisory position over the Central Intelligence Agency.
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In any event, the present language of Section 204 raises many definitional
questions. For example, "intelligence gathering" could include any process of
obtaining information, such as reading a newspaper account of a foreign
development.
No other provisions of S. 495 would have an immediate impact on this
Agency in terms of diminishing the authority of the Director or altering the
mission of the Agency. However, we believe that the enactment of Section
102 would be ill-advised,
Section 102 would authorize the Congressional Legal Counsel created
therein, upon the request of three Senators or twelve Representatives, to
cooperate with private parties bringing civil actions against Executive agencies
or officers and employees of the Executive branch. It would also authorize
the Counsel to intervene in any action in which there is placed in issue the
constitutionality or interpretation of any law of the United. States. In addition,
the Counsel would be authorized to render, opinions on the legality of Executive
branch activity and to enforce these opinions through civil actions brought in
United States courts, without regard to the usual requirements of standing,
whenever requested by six Senators or twenty-four Representatives.
This proposal raises fundamental questions of propriety and constitutional
law, and we defer to the Department of Justice's position on these matters.
From a practical standpoint, however, Section 102 would seriously disrupt the
relationships between Executive agencies and Congress.
This Agency believes that a relationship of mutual cooperation and trust
must subsist between the Congress and the foreign intelligence agencies of the,
government. Effective oversight by the Congress depends on it, and the appro-
priate dissemination of substantive foreign intelligence information to the Congress
requires it. Under Section 102 a tiny fraction of the Congress could undermine
this relationship and cast the Congress and this Agency into an adversary posture,
by embroiling Congress in protracted litigation over matters which could. other-
wise be resolved in the customary way -- under the Constitution -- in which
Congress fixes the content of Federal law, namely by enacting or amending
legislation,
- The Office of Management and Budget has advised there is no objection,
to the submission of this report from the standpoint of the administration's pro-
gram.
Sincerely,
797 W. E. Co115y
W. E. Colby
Director
Distribution:
Orig - Addressee 1/ ER 1 - OGC
1 - DCI ;"- OLC Subject
1 - DDCI 1 - OLC Chrono
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ABRAHAM RIBICOFF, CONN., CHAIRMAN
JOHN L. MC CLELLAN, ARK. CHARLES H. PERCY, ILL.
HENRY M. JACKSON, WASH. JACOB K. JAVITS, N.Y.
EDMUND S. MUSKIE, MAINE WILLIAM V. ROTH, JR., DEL.
LEE METCALF, MONT. BILL BROCK, TENN.
JAMES B. ALLEN. ALA. LOWELL P. WEICKER, JR., CONN.
LAWTON CHILES, FLA.
SAM NUNN, GA.
JOHN GLENN, OHIO
RICHARD A. WEGMAN
CHIEF COUNSEL AND STAFF DIRECTOR
Office of Congressional Affairs
Central Intelligence Agency
Washington, D.C. 20505
7,_5_-a5oj
COMMITTEE ON
GOVERNMENT OPERATIONS
WASHINGTON, D.C. 20310
February 13, 1975
Re: s. 495
Attached is a copy of a bill which has been referred to the
Government Operations Committee for consideration.
The committee would appreciate your views regarding the pro-
visions of this bill and any recommendations which you may have
concerning possible committee action.
Please transmit your reply in quadruplicate.
Your prompt attention would be appreciated. Thank you for
your cooperation.
Sincerely,
N1ltW_U/
'JCn f?b . ifafez
Abe Ribicoff
Chairman
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ROUTING AND RECORD SHEET 7 ,1
SUBJECT: (Optional)
FROM: EXTENSION
NO.
Legislative Counsel
7D49 H
29
Q
,
DATE
12 December 1975
TO: (Officer designation, room number, and
buildin
)
DATE
g
OFFICER'S
COMMENTS (Number each comment to sh
f
h
RECEIVED
FORWARDED
INITIALS
ow
rom w
om
to whom. Draw a line across column after each comment.)
1.
Director
t/
0
OMB has cleared our report on
S. 495, the Watergate Reorganizatio
2?
and Reform Act of 1975, with modifi-
cations in the first and last paragrap
of page 2 and the first paragra
h on
3.
p
page 3. Attached for your reference
is the original version with the
amended sentences in brackets
4?
.
Because of these changes, your
signat this
report
5.
OLC
7D35 HQ
6.
7.
STATINTL
B
9.
10.
11.
12.
13.
14.
15.
FORM
US
3-62
EDITIO OUS INTERNAL
610
^ SECRET F-1 CONFIDENTIAL fl ^^fr f-l UNCLASSIFIED
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