LETTER TO HONORABLE ABRAHAM RIBICOFF FROM W. E. COLBY

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP77M00144R000800150023-6
• Release Decision: RIFPUB
• Original Classification: K
• Document Page Count: 5
• Document Creation Date: December 15, 2016
• Document Release Date: March 24, 2004
• Sequence Number: 23
• Publication Date: October 31, 1975
• Content Type: LETTER

OLC 75-0526/b
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WASHINGTON, D.G. 20505 Executive Registry
u 1 Q7
31 OCT 1075
Honorable Abraham Ribicoff, Chairman
Committee on Government Operations
United States Senate
Washington, D. C. 20510
Dear Mr. Chairman:
This .is in response to your request for comments on S. 774 and.
S. 815, bills designed to regulate lobbying in connection with Congressional
and Executive action. This Agency, of course, defers to Congress on matters
concerning lobbying directed at Congress. With respect to the regulation of
lobbying directed at the Executive branch, our interest is limited to the concern
that overbreadth of language will inhibit this Agency's foreign intelligence
gathering mission.
S. 815 would require individuals who regularly attempt to influence the
"policy-making process" of the Executive branch to register with the Federal
Election Commission, record their contacts with Executive branch officials,
and file quarterly reports on these contacts with the Commission. Section 3(b)
defines "policy-making process" as "any action taken by an Executive employee
with respect to any pending or proposed rule, adjudication, hearing, investi-
gation, or other action in the Executive branch." The examples of rules and
adjudications cited in the definition suggest an intent to limit the bill to
administrative and regulatory actions. Under the doctrine of el sdexn eneri>,
the term "other action," also cited in the definition of "policy-making proce,s, If
would be confined to the same kinds of public interest matters enumerated,
e.g., rules and adjudications.
The Central Intelligence Agency was established by the National Security
Act of 1947 to provide policy-makers with information on. foreign areas and
developments. It is not a policy-making agency; though supplying U. S.
policy-makers with intelligence assessments, it does not formulate or advocate
policy positions. In light of the above, if section 3(b) were interpreted to
apply strictly to influencing the administrative actions of regulatory agencies,
the Central Intelligence Agency would have no direct interest in such. regulation.
I would point out that such coverage would be consistent with the apparent public
interest objectives of the legislation.
However, section 3(b) could be interpreted to cover the administrative
actions of all Executive agencies. It could also be construed most broadly to
cover "any action" taken by an Executive employee. If either of these two
constructions is intended, situations might arise in which the proposed regxila--
tions would conflict with this Agency's statutory charter. For example, it is
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possible that officials of a private company which has developed a new intelli-
gence technology, e. g . , an electronic collection device, would seek to demonstrate
the feasibility and utility of the system to the Agency. Under sections 4 (a) (4) and
6(c), (d), (e), (f), (h), (i), the communicating official would be required to
disclose the identities of Agency personnel and the subject matter of the communi-
cation. This would result in the disclosure of sensitive information and would
conflict with the statutory authorities which charge the Director of Central
Intelligence with the protection of Intelligence Sources and Methods (50 U . S . C .
403), and which exempt CIA from laws requiring disclosure of Agency organiza-
zation and personnel [50 U.S.C. 403(g)] .
These comments also apply to section 2(2) of S. 774, which defines
policy-making process as "any action taken ... with respect to any rule,
adjudication, or other policy matter in the Executive Branch."
If it is the intent of the Committee to apply the bill to the administrative
actions of regulatory agencies, I would merely suggest that this scope be more
clearly defined. If broader application is contemplated, however, it is requested
that some accommodation be made for the considerations discussed above. We
would be pleased to consult with the Committee in working out appropriate
modifications.
Because of its broader coverage, section 7 of S. 774 raises more serious
problems. S. 815 has no comparable provision. Under section 7, certain
Executive branch employees would be required to record each oral or written
communication received from "outside parties expressing an opinion or con-
taining information" with respect to the policy-making process. These records,
available for public inspection, would contain the identities of the contacted
employee and the outside party, the subject matter of the communication, and
the action taken in response to the communications.
It is noted that this section uses the undefined term "outside party" in
lieu of the term "lobbyist" used elsewhere in the bill and defined in section 2(l).
Also, the phrase "communication ... expressing an opinion or containing infor-
mation" is used rather than the term "lobbying" defined in section 2(9) as
communication made to influence the policy-making process. This shift in
language and the potentially broad interpretation of "policy-making process"
would extend the requirements of section 7 to communications not generally
considered lobbying activities. Such overbroad coverage would seriously impair
this Agency's ability to function.
The requirement that the opinions or information of any outsider concerning
"policy matters" be made public would make impossible the essential confidentiality
upon which this Agency's outside sources of information insist. Where sensitive
matters are involved, this requirement would impair CIA's access to outside judg-
ments and viewpoints--such as those which a Congressman, academician, former
government official, or foreign intelligence service might offer.
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I urge that section 7 of S. 774, if adopted, be strictly limited to traditional
lobbying activities by lobbyists, as defined in section 2(10) of the bill. Addi.-
tionally, as discussed above with respect to section 3(b) of S. 815 and section
2(2) of S. 774, the proposed disclosure of the identity of the contacted employee,
the subject matter of the communication, and the action taken in response to the
communication would conflict with statutory authorities pertaining to the protection
of Intelligence Sources and Methods (50 U.S.C. 403) and exempting the CIA from
laws requiring disclosure of Agency organization and personnel [50 U.S.C. 403(g)]
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
program.
Sincerely,
/51 w, 9'r.., C.Aly;
W. E. Colby
Director
Distribution:
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1 - DDCI
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JOHN L. MC CLELLAN, ARK.
HENRY M. JACKSON, WASH.
EDMUND S. MUSKIE, MAINE
LEE METCALF, MONT.
JAMES B. ALLEN. ALA.
LAWTON CHILES, FLA.
SAM NUNN, GA.
JOHN GLENN, OHIO
CHARLES H. PERCY, ILL.
JACOB K. DAVITS, N.Y.
WILLIAM V. ROTH, JR., DEL.
BILL BROCK, TENN.
LOWELL P. WEICKER, JR., CONN.
RICHARD A. WEGMAN
CHIEF COUNSEL AND STAFF DIRECTOR
COMMITTEE ON
GOVERNMENT OPERATIONS
WASHINGTON, D.C. 20510
March 14, 1975
Office of Congressional Affairs
Central Intelligence Agency
Washington, D.C. 20505
Re: S. 774
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.
Abe Ribicoff
Chairman
A-75= 95
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JOHN L. MCCLELLAN, ARK.
HENRY ... ACKSON, WASH.
EDMUND S. MUSKIE, MAINE
LEE METCALF, MONT.
JAMES B. ALLEN. ALA.
LAWTON CHILES, FLA.
SAM NUNN, OA.
JOHN GLENN, OHIO
CHARLES H. PERCY, ILL.
JACOB K. JAVITS, N.Y.
WILLIAM V. ROTH, JR., DEL.
BILL BROCK, TENN.
LOWELL P. WEICKER, JR., CONN.
RICHARD A. WEGMAN
CHIEF COUNSEL AND STAFF DIRECTOR
COMMITTEE ON
GOVERNMENT OPERATIONS
WASHINGTON, D.C. 20510
March 14, 1975
Office of Congressional Affairs
Central Intelligence Agency
Washington, D.C. 20505
Re: S. 815
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.
Abe Ribico.ff
Chairman
Enclosure
S75-O5
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