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B-118638 1 (1974-08-02)

handle is hein.gao/gaobacyyv0001 and id is 1 raw text is: I { O1 3-111 / 8638 AU G 2 *74 The Honorable Henry S. Gonzales House of Representatives Dear Mr. Gonzaleaz This refers to your letter asking f or certain information concerning trips reportedly made by District of Columbia Police Chief Jerry Wilson as an emissary of the White House expressing the Administration's views on legislation under consideration in Congress. In order to report fully to you, we requested that Comissioner Washington provide us with detailed iformation on Chief Wilson's activities in this regard. Apparently, the District of Columbia lost our original request but we have now received a reply from Cmissiouar Washington transmitting a report by Chief Wilson on his official travels during the period January - July 1973. Your first question is thether the activities of Chief ilson in any way violate the legal strictures on executive lobbying. We assume that you refer to the provisions of law which prohibit the use of appropriated funds for publicity or propaganda purposes designed to support or defeat legislation pending before the Congress. For the period covered by our review, this prohibition is contained in section 608(a)rof the Treasury, Postal Service, and General Government Appropriation Act, 1973, approved July 13, 1972, Pub. L. 92-35& 86 Stat. 471. (A stailar prohibition is contained in 18 U.S.C. 1913,Vbut that, being a criminal statute, is pro- perly a matter for consideration by the Department of Justice.) In our view, Congress did not intend, by the eaactment of section 608(a)% and like auresa, to precLude all expression by officials of views On pending legislation. Rather, the prohibition of section 608(a) /we baliev, applies only to expenditures involving direct appeals addressed to the public suggesting that they contact Members of Congress and in- dicate their support of or opposition to pending legislation, i.e., appeals to members of the public for them in turn to urge their repre- sentatives to vote in a particular aser. Thus, public officials may with propriety report on the activities of their agencias, may expound to the public the policies of those agencies, and of the administration of which they are members, and nay likewise offer rebuttal to attacks on those policies. Expenditure of appropriated funds for dissemination of information in those categories Is heace slawful. But it must be recognized that, to the extent to which the policy of an agency or administration is embodied in pending legis- lation, discussion by officials of that policy will necessarily, either djk IfGEST - NO CIRGULATjp . f .r /V COMPTROLLER GENERAL OP THE UNITED STATS WASHINGTON. D.C. 30

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