MINUTES OF 18 MARCH 1982 EXECUTIVE COMMITTEE MEETING: DRAFT LEGISLATION ON POST-EMPLOYMENT RESTRICTIONS

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP83M00914R000700090015-4
• Release Decision: RIPPUB
• Original Classification: U
• Document Page Count: 5
• Document Creation Date: December 19, 2016
• Document Release Date: July 10, 2006
• Sequence Number: 15
• Publication Date: March 23, 1982
• Content Type: MEMO

MEMORANDUM FOR: Executive Committee Members
0015-4 Q Z
EXCOM 82-7006
23 March 1982
SUBJECT:
?
Executive Assistant to the Executive Director
Minutes of 18 March 1982 Executive Committee
Meeting: Draft Legislation on Post-Employment
Restrictions
1. The Executive Committee met on 18 March to review the
General Counsel's proposed draft legislation on post-employment
restrictions. Mr. McMahon (Executive Director) chaired the
session; participants included Messrs. Gates (DDI); Fitzwater
(DDA); George (ADDO); Taylor (ADDS&T); Briggs (IG); Glerum
(D/OP); Sporkin (GC); and (OEA).
2. Mr. McMahon reviewed the background of the proposed
draft legislation, noting that our Congressional Oversight
Corrrnittees were looking for "potential remedies" to prevent any
future Wilson/Terpil situtions. Mr. Sporkin explained that he
thought it would be in the Agency's best interest to control any
such remedy, rather than let Congress create it for us. He then
reviewed why he favored the draft legislation as a means of
getting at the Wilson/Terpil problem: It focuses on a narrow
group of activities (military, intelligence, security); applies
to former employees of all intelligence agencies, not just CIA;
and requires approval of the head of the last agency the
individual worked for, providing an opportunity to monitor those
post-employment activities.
3. Mr. McMahon questioned what difference such a law
would have made to Wilson and Terpil, who broke existing laws.
Mr. Sporkin suggested that it would serve as a deterrent.
Mr. McMahon then suggested, and others agreed, that any such
legislation should apply to all former Government employees,
including members of the NSC, HPSCI and SSCI staffs; all military
personnel and all State Department employees. He pointed out
that Wilson and Terpil, whose actions were repugnant to all
Agency employees, were only two of thousands of former employees,
and this draft legislation aimed at them impugned the dignity and
integrity of all former and current employees. He then asked for
members' views.
Approved For ReIAOaA0
4. Committee members acknowledged that the DCI had made a
commitment to the HPSCI to provide suggested legislation and that
commitment should be honored. They all strongly opposed the
draft legislation presented, however, and advised that unusually
strong negative employee reaction has surfaced on this issue.
DDI employees, for example, considered it offensive and
ash
 Approved For~~kyCAAIp $~J~00aO_W90015-4.
n.ia i J .A .' f.
discriminatory in placing such a large burden on a selective
segment of Government employees. Mr. George voiced his
Directorate's total opposition, noting the proposed legislation
would have an extremely negative impact on recruitment efforts as
well as employee morale. Mr. Briggs characterized the
legislation as an overreaction to the Wilson/Terpil case. He
also opined that if the draft legislation were applicable
Government-wide, it would never pass. Mr. McMahon observed that
the proposed legislation would have to go through the OMB
clearance process.
5. Mr. Sporkin did not agree that the post-employment
restrictions should apply Government-wide, but did agree that
they should encompass all of the military, the Foreign Service,
and the HPSCI and SSCI staffs. He did not understand the strong
employee opposition, given that relatively few people would be
affected by the legislation. Mr. Gates explained that employees
considered it an insult to their integrity. Mr. George observed
that it seemed to contradict this Administration's intentions to
support the Intelligence Community.
6. After additional discussion, Mr. McMahon requested that
Mr. Sporkin revise the draft, adding the additional categories
noted above; advise the DCI and DDCI of the Committee's views on
this issue; and ensure that the draft goes through the usual
coordination process. He added that the Agency could oppose the
legislation in that process. He then adjourned the meeting.
 Approved For Release 2006/07/10: CIA-RDP83M00914R000700090015-4
1 - O/DCI
Distribution:
- DDCI
- ExDir
- DDS&T
- DDA
- DDO
- DDI
- IG 1
- D/OP
- D/OEA
 Approved For
Date Subject
ER via ES
As of 1 April 1982
TENTATIVE EXECUTIVE COMMITTEE CALENDAR
U953 58 loo'
Responsible
Component
Thursday, 4/15/82 Long-Range Planning: Planning Staff/DDI
1000-1100 Intelligence Targets
Thursday, 4/22/82 Long-Range Planning: Planning Staff/DDO
1000-1100 Counterintelligence
and Covert Action
NOTE: All meetings will be held in the DCI Conference Room (7D64) unless otherwise
noted.
roved For R12aePAalq>O=:~EI,P8:Q941OC?7+(b90a
 Approved For Release 2006/07/10: CIA-RDP83M00914R000700090015-4
Distribution:
1 - ExDir
1 - O/DCI
1 - O/DDCI
1 - DDI
1 - DDO
1 - DDS&T
1 - DDA
1 - Planning Staff
1 - Comptroller
1 - D/OP
1 - IG
1 - DCI Security (Attn: Joyce)
1 - ER via ES
1 - EXCOM Chrono
1 - EXCOM Subject (Calendars)