(DRAFT) LETTER TO CHAIRMAN FROM GEORGE BUSH

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP77M00144R000800160027-1
• Release Decision: RIFPUB
• Original Classification: K
• Document Page Count: 3
• Document Creation Date: December 12, 2016
• Document Release Date: May 13, 2002
• Sequence Number: 27
• Publication Date: March 9, 1976
• Content Type: LETTER

Approved For Release 2002/06/05: CIA-RDP77M00144R000800160027-1
DRAFT: WPB: sm (9 Mar 76)
congressional review of agency rules, and by expanding judicial review,
the opportunities for public participation, by creating procedures for
Title 5 of the United States Code to improve agency rule-making by expanding
I am writing to offer our views on H.R. 12048, a bill. "Amending
Dear Mr. Chairman:
and for other purposes."
Subsections (b) through (e) of section 553 of the Administrative
Procedure Act establishes certain procedures to be followed by Federal
agencies ins l'r -rule-making. These procedures include advance,
public notice of rule-making, opportunity to submit views, and delayed
effectiveness of rules. Subsection (a) of section 553 makes these pro-
. cedures inapplicable "to the extent that there is involved a military or
foreign affairs function of the United States. " H.R. 12 048 would amend
subsection (a) and exempt instead matters "pertaining to a military or foreign
of the national defense or foreign policy and (B) is in, fact: properly classified
criteria established by Executive order to be kept secret in the interest:
affairs function of the United States that is (A) specifically authorized under
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The Central Intelligence Agency performs foreign intelligence
pursuant to such Executive order.
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responsibilities which,.fki within tie general. exemptions for "military or
foreign affairs" functions is our position that foreign. intelligence functions
 W
should continue to be entirely excluded from the procedures of section 553.
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It is not clear that this would be accomplished by the proposed exemption
of matters "pertaining to" classified military or foreign. affairs functions.
intelligence matters. In this connection it should be noted that certain
the proposed exemption may not be sufficiently broad to exclude all
classified function is ambiguous. If a direct relationship is contemplated
The degree of relationship required between the matter involved and a specific
intelligence sources and methods from unauthorized disclosure. (50 U. S .C . 40 3)
under the statutory authority of the Director of Central Intelligence to protect
intelligence matters not classified pursuant to Executive, order are protectible
The policies favoring public participation in. rule-making are outweighed
ments of section 553. The traditional reasons for encouraging public participa--.
by the consequences of subjecting foreign intelligence matters to the require--
tion do not apply in this sensitive area. Rules involving foreign. intelligence
Thus, society's interest in involving affec\ed members of the public in
intelligence Chatters is unlikely to make a significant or positive contribution.
well as fruitless. Moreover, public participation in rule--maki.ng, concerning
public impa t, that solicitation of public comment would be senseless as
functions are likely to be so limited in application and have Such a minimum
administrative rule-making is very slight in the foreign. intelligence` m .
Conversely, the public's interest in the discrete, effective and expeditious
performance of the foreign intelligence function militates against applying
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theselparticipatory procedures in so .1tal tnd sensit
it is uestionable whether Congress may constitutionally impose procedural
'rec~yij~pments of its choosing on the President in the performance of certain
duties committed to his office. It is believed that foreign intelligence
functions lie within this zone of special competence.
~OSc=`
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
For the foregoing reasons, this Agency
consideration of H.R. 12048.
program.
Director
George Bush
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