METHODS OF DEALING WITH CLASSIFIED MATERIAL IN POSSESSION OF FORMER GOVERNMENT OFFICIALS

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP10T01930R000400100011-3
• Release Decision: RIPPUB
• Original Classification: K
• Document Page Count: 2
• Document Creation Date: December 22, 2016
• Document Release Date: April 17, 2012
• Sequence Number: 11
• Publication Date: November 5, 1984
• Content Type: MEMO

Declassified in Part - Sanitized Copy Approved for Release 2012/04/17: CIA-RDP10T01930R000400100011-3
SUBJECT: Methods of Dealing with Classified Material in Possession
of Former Government Officials
1. The meeting was held to discuss a DDA proposal for closing this
loophole by amending Executive Order 12356. The meeting was attended by
D/OIS, DD/OIS, Chief, IRMD, Chief, CRD, and a
from OS.
2. chaired the meeting indicating that the proposed
amendment would affect only Presidential employees. He proposed instead that
if the amendment route were pursued it should involve Section 4.1. ~ also
suggested that Section 4.3 allow for exceptions and specify conditions under
which people would have access to classified material. He thought that
Section 5.4 would be the proper place to spell out sanctions.
3. indicated that he felt, while amending the Executive
Order was the most expedient way of dealing with this problem, it was not the
most desirable. He felt that the Agency should attempt to get legislation to
cover this matter from the beginning. The Agency was going to draw
considerable flack from Congress anyway, so why endure the pain twice.
believes that the Agency should go to the oversight committees at
the beginning and try to enlist their support. He felt that support would be
forthcoming.
All at the meeting were supportive of (suggestion.
felt the secrecy agreement could serve as the basis for
extending coverage to former government employees. All agencies are now using
a secrecy agreement as a precondition for granting access to Secret and SCI
material as required by NSDD 84. said that this language could
be used in the proposed amendment to the Executive Order.
5. There was considerable discussion of possible sanctions against
offenders. The problem on sanctions is that only the espionage law has teeth,
but it is difficult to prosecute people under this law. For former employees,
you cut off their retirement if they take classified material. Some amendment
probably would be required of the OPM Retirement Act also. It was decided
that the best course might be to handle violations as a breach of contract,
i.e., violation of the secrecy agreement. Using this approach, the Agency
would not have to justify the classification level of the document.
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Declassified in Part - Sanitized Copy Approved for Release 2012/04/17: CIA-RDP10T01930R000400100011-3
 Declassified in Part - Sanitized Copy Approved for Release 2012/04/17: CIA-RDP10T01930R000400100011-3
6. The consensus was that OS should advise the DDA that he could go
ahead with the proposal to amend the Executive Order 12356, but that this was
not the best course of action. OS would indicate that the preferred course of
action was to go for legislation and have closed hearings through the
oversight committees. It would apply to all agencies that use the secrecy
agreement.
Chief, Information Resources Management Division
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Declassified in Part - Sanitized Copy Approved for Release 2012/04/17: CIA-RDP10T01930R000400100011-3