REVISED OPM DRAFT BILL TO AMEND SECTION 8312 OF TITLE 5 UNITED STATES CODE TO PROVIDE THAT AN INDIVIDUAL MAY BE DENIED A CIVIL SERVICE OR MILITARY ANNUITY OF THE UNITED STATES IF CONVICTED OF SPECIFIED TYPES OF FELONIES IN CONNECTION WIT

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP86B00338R000400570013-4
• Release Decision: RIPPUB
• Original Classification: K
• Document Page Count: 8
• Document Creation Date: December 21, 2016
• Document Release Date: August 15, 2008
• Sequence Number: 13
• Publication Date: May 7, 1984
• Content Type: MEMO

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1E61SUTNE UNSON
SPECIAL
EXECUTIVE OFFICE OF THE PRESIDENT
OFFICE OF MANAGEMENT AND BUDGET
WASHINGTON. D.C. tD5O3
May 7, 1984
LEGISLATIVE Rz1'ERBAL 'RAIWOK
TO: Legislative Liaison Officer
Department of Defense
Department of Justice
Department of State
Central Intelligence Agency
Department of Transportation
)6'
SUBJECT: Revised OPM'draft bill "To amend.section 8312 of
title 5, United States Code, to provide that an
individual may be denied a civil service or military
annuity of the United States if convicted of specified
types of felonies in connection with employment, and
SUBJECT: for other purposes."
(See previous Legislative Referral Memoranda of
6/13/83; 12/15/83; 3/8/84.)
The Office of Management and Budget requests the views of dour
agency on the above subject before advising on its relationship to
the program of the President, in accordance with OMB Circular A-19.
A response to tiis request for your views is needed no later than
May 11, 1984. OPM is anxious to submit this proposal to the
Congress.
Questions should be referred to Elaine Rideout
( 395-6156 ) or to Hilda Schreiber
the legislative analyst in this office.
(395-4650 ),
e'Efrey A. Weinberg for
Assistant Director for
Legislative Reference
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((~ United States
iJ~~~ Office of
Personnel Management Washington, D.C. 20415
In Reply Refer To:
MAY-G!
The Honorable David A. Stockman
Director
Office of Management and Budget
Washington, D.C.. 20530
Attention: Assistant Director
for Legislative Reference
..Dear Mr. Stockman:
In June, 1983, the office of Personnel Management '.
presented to you for clearance proposed legislation providing.
for the denial of a Federal Government annuity to anyone
convicted of a job-related felony. Thereafter, you forwarded
to us comments on the proposal from the Department of State,
Central Intelligence Agency, Department of. Defense and
Department of Justice. Generally, the- comments expressed
concerns about the inflexibilities of the draft bill's
provisions and that. their application could hamper plea.
bargaining in criminal cases. The Central Intelligence-Agency
. (CIA) .expressed concern that its retirement system and
employee conduct would be subject to review by other agencies.
The Department of Justice has furnished us with a
substitute proposed bill which meets many of these agency
concerns. CIA and State Department are not covered by the
substitute bill, and, with 'a further revision we have made to
the bill, DOD would have jurisdiction only over the military.
The Justice Department also recommended that the transmittal
of the proposed legislation to the Congress.include statements
on the intent that this legislation not interfere with plea
bargaining and that the rights of innocent third parties will
be fully considered in exercising the discretion to deny an
annuity. We have included language to this effect in the
proposed letters to the Congress. .
Accordingly, we strongly urge that our proposal, as
amended, be cleared for transmittal to the Congress.
CON 114-24-3
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United States
Office of
Personnel Management Washington, D.C. 20415
The Honorable George Bush -
President --
United States-Senate
Washington, D.C.? 20510-
convicted of specified types of felonies in connection with
civil service or military annuity of the. United States if
The Office of Personnel Management submits'herewith a
legislative proposal "To amend section 8312 of title 5, United
States Code, to provide that an individual may be denied a .
Dear Mr. President:
employment, and., fpr other purposes."
The bill would authorize the office of Personnel
Management, with respect to civilian employees, and the
Department of Defense, with respect to the military, to deny
an annuity to an individual ,- his survivor or beneficiary, if
they find that the individual is convicted of a felony in -one
of the categories of job-related crimes specified in the
bill. The Department-of.Just:ice would,. by regulation,.specify
the crimes in each category which could be the. basis for such
a denial.
We are not unmindful of possible injustices which could
occur from strict- application -of -the provisions of this bill,
especially in cases of innocent- third parties. We would
expect to administer this.. legislation, and we hereby make such
a commitment, in a - manner which- would take full consideration
of the rights- and equities of innocent third parties in any
decision to deny an annuity based on a felony conviction of a
Federal employee.
In addition, we are also concerned about possible effects
of this legislation on plea bargaining efforts of the Justice
Department. Accordingly, we would exercise our discretion
under the legislation consistent with the principle that when
a guilty plea rests in significant degree on a promise or
agreement of the prosecutor, the promise must be fulfilled.
In reaching a plea agreement a federal prosecutor may agree to
waive the government's right to deny the defendant his annuity.
under 5 U.S.C. ? 8312 and we would support such an agreement.
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addition, this legislation woula serve _nQtlee vi. - ,c.
?? --3.
serv
The existence' of such a provision would serve as an additional
We. ask that the foregoing intentions with. respect. to' ". _
interpretation of this legislation be made a part of its
legislative history.
With the foregoing limitations, we do not anticipate --that
there would be annuity denials, in a. great number of cases if.
this legislation .were passed-. -._..However,_its_pas.sage would. e several desirable purposes in the national- .interest0
employment. We accord ingly--urge--its-__passage.
Th i off ice of Manaciement and.. Budget has advised. that,
from the standpoint of the Administration ? s _pr-ogram,_ znc:Lc
:.,. ?v%4 ,-;r., 4-e, the submission :of this .legislation... to :the;.:
Congress.
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To amend section 8312 of title 5, United States Code, to
provide that an individual may be denied a civil service or
military annuity of the United States if convicted of . .
specified types of felonies in connection with employment, and
for other purposes.
Be it enacted by..the-Senate and House of Representatives
.
of the United states of erica in Congress assembled, .That
section 8312 of title 5, United States Code, is amended by
adding at the. end thereof. the -following:
"(d) The Office.of.Personnel..-Management, after notice and
opportunity for hearing, may deny payment of a civil service
retirement annuity provided by this chapter to an individual
or his survivor or beneficiary on the basis of the service of
the individual which is creditable toward the annuity if the .
office of Personnel Management .finds that.
"(1) the individual is convicted of any felony
described in subsection (f) of this section; and
"(2) the circumstances regarding the commission of
the offense and the: -seriousness of the crime are
such that the -interests of justice require denial of
the annuity.
"(e) The .Department of Defenset after notice and
opportunity for hearing, may. deny payment of retired pay
administered by that Department to an individual or his
survivor or beneficiary on :the -basis of the service of the
individual which is creditable toward the retired pay if the
Department -of. Defense- finds that -
"(1) the-individual . -is-convicted of an offense
within the- purview of a current article of-- the
-Uniform Code-of Military Justice (or an earlier
article--on ..which the current article is based) on
the basis of charges and specifications describing a
violation described in subsection (f); and
"(2) the circumstances regarding the commission of
the offense and the seriousness of the crime are
such that the interests of justice require denial of
the retired pay. .
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. ? ?
-2-
"(f) Subsections (d) and (e) of this section apply to any
violation of federal criminal law listed in regulations which
may be promulgated under this subsection by the Attorney
General and committed after the promulgation of such
regulations (or after the addition of a particular offense
through an amendment of the regulations so promulgated). The
list of violations in regulations shall-be ..limited..-to, _any_._-_. _ .
offense (other than an offense described in subsection (b) or
(c) of this section) .which involves:
" (1) intentional misuse of public off ice .
punishable by imprisonment for a term of 3 ,.or more
years;
"(2) intentional violence or injury to another
more years if committed in connection with the
person punishable by imprisonment for a term of 5 or
individual's employment;.
" (3) intentional damage to or destruction- of
..federal property punishable by imprisonment for a
term of -5 or more years--if--committed in connection
with the individual's employment; . .
"(4) the manufacture, distribution.,. _or dispensing,
or the possession -with intent to manufacture, -
distribute, 'or dispense., a controlled substance,
punishable__ by. _imprisonment for a term of -3 or more
years if committed in connection with the - _ _ -
individual-'s employment;_ -or
" (5) an attempt or conspiracy to -commit any of -the
offenses described- An -this :subsection.
For purposes-of this.subsection, an individual's conduct is
intentional if it is the individual's- conscious -objective or..
desire to engage in the cond-uct.-"_.
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. ?
Section Analysis of . Bill "To amend
section 8312 of title 5, United States
Code, to provide than an individual may
be denied a civil service or military
annuity of the United States if
convicted of specified types of felonies
in connection with employment, and for
other purposes."
conviction of certain national security-related offenses.
The bill. adds subsections (d), (e), and (f) to section
8312 of title 5, United States Code, which presently provides
a felony described in 'new .subsection. (f),= and- that the
O.v ucaaj ..?? ....~.1 -
benef iciary, if they find that- :the individual-As -convicted of
Department of Defense, for members-of the uniformed: services,
New subsections (d) ( )
interests of justice require such --a denial.:
t a vt.v v .... ..
(d) and (e) applicable to any violation--of' =federal--'cr.iminal
law listed in regulations of the-.Attorney General. The
offense must have been committed -after promulgation' of- the
regulations or amendment to. include- the offense invo:lve.d. The
list ' is to be -1 imited to any -offense or. -attempt or-:."co nspiracy,
to commit the -of fens-e 'wh i-ch is -job-related and involves
intentional misuse of public. affice..punishable_ -by- imprisonment
for 3 years or more;-intentional: -violence -or-- inj:ury .to another
person with a prison term of 5 or more years; intentional
damage to or destruction of federal property, punishable by
imprisonment for 5 years or- -more; -and the manufacture-,
distribution,,-. .:or _dispensing-, --or the --possession .with -intent to
manufacture, 'distribute .or dispense, a controlled substance,
where the punishment is -3 or -mor-e years -imprisonment.
"Intentional- conduct" --is --defined as the- -individual's conscious
objective or desire. -to engage in the.-conduct.
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