http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2001/06/09/MN115342.DTL



Defense chiefs get exempted from rule
Conflict-of-interest waived for former execs

Patrick J. Sloyan, NewsdaySaturday, June 9, 2001

Washington -- Former defense company executives who now head the Navy and Air
Force will be exempted from a federal law that prohibits them from dealing
with their former employers for one year, according to aides to Defense
Secretary Donald Rumsfeld.

The aides said waivers of the federal conflict-of-interest statute will be
issued for Navy Secretary Gordon England, who served as General Dynamics
Corp. 's executive vice president, and Air Force Secretary James Roche, who
was president of a Northrop-Grumman Corp. division that equips the service's
B-2 Spirit stealth bombers and the new fighter-bomber, the F-22 Raptor.

England and Roche will have a major say in U.S. weapons purchases from
General Dynamics and Northrop-Grumman, as well as in the companies' defense
research. The two contractors already get a combined $8 billion a year in
Pentagon contracts.

During their confirmation hearings, the nominees pledged to expand ship,
aircraft and weapon programs that would benefit the two defense firms as well
as employment in some of the states of members of the Senate's Armed Services
Committee.

Federal conflict-of-interest law calls for a "cooling off" period of one year
for all new federal workers regarding contracts and other actions affecting
previous employers. Fines, dismissal and other penalties could be imposed for
federal employees who violate the law.

Initially, Rumsfeld's aides said that England and Roche would not need a
waiver from the law because it would not apply to them. In response to
repeated questions, however, the aides said waivers would be necessary.
Otherwise, the civilian leaders would be forced to recuse themselves from
major Navy and Air Force programs, thus crippling their policy directions.

The law allows a waiver to be granted only if the defense secretary finds an
exemption is "in the best interest of the United States."

A Rumsfeld spokeswoman, Air Force Lt. Col. Willete Carter, said the waivers
will be part of the divestiture of defense industry investments required by
the Senate Armed Services Committee. Both England and Roche are
multimillionaires from salary and stock options from their companies.

President Bush's nomination of former defense contractors to key Pentagon
jobs has dismayed some career employees of the Defense Department who contend
daily with substandard weapons and cost overruns by the defense industry.

The Bush administration is considering tapping a Lockheed-Martin Corp. vice
president, Albert Smith, as chief of acquisitions for the controversial
missile defense program. Smith's company currently gets $19 billion a year
from the Pentagon and is a leader in space technology.

Last week, Bush named two other defense industry executives to Pentagon jobs.
They are Michael Wynne, to be deputy undersecretary for acquisitions, and
George Williams, to be assistant secretary of the Army for acquisitions.
Wynne worked for General Dynamics and Lockheed-Martin before heading a
software business that had Pentagon contracts. Williams was president of the
Alabama defense contractor Colsa Corp.



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