ADVANCE DOD COMMENTS ON JUSTICE DEPARTMENT SUBSTITUTE DRAFT LANGUAGE FOR OPM DRAFT BILL PROHIBITING PAYMENT OF CIVILIAN ANNUITIES AND MILITARY RETIRED PAY TO FEDERAL EMPLOYEES CONVICTED OF CERTAIN FELONIES

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP86B00338R000400570014-3
• Release Decision: RIFPUB
• Original Classification: K
• Document Page Count: 3
• Document Creation Date: December 21, 2016
• Document Release Date: August 15, 2008
• Sequence Number: 14
• Publication Date: March 8, 1984
• Content Type: MEMO

A_
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? I 4N ~ fL...Ltf.R TU.
EXECUTIVE OFFICE OF THE PRESIDENT
OFFICE OF MANAGEMENT AND BUDGET
WASHINGTON, D.C. 20503
Aft
ts-
March 8, 1984
LEGISLATIVE REFERRAL MEMORANDUM
TO: Legislative Liaison Officer
Department of Commerce*
Department of Health and Human Services*
Department-of Justice
Department of State
Department o4 Transportation
Central Intelligence Agency
r,~.i ~
*Please comment on coverage of Commissioned Officers of
NOAA and.PHS, respectively.
SUBJECT: "Advance" DOD comments on Justice Department substitute
draft language'for OPM draft bill prohibiting payment of
civilian annuities and military retired pay to Federal
employees convicted of certain felonies.
The Office of Management and Budget requests the views of your
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 this request for your views is needed no later than
March 23, 1984. We understand that there is Senate Committee
interest in expediting legislation along these lines.
Questions should be referred to Frank White (395-6156) or to Hilda
Schreiber (395-4650), the legislative analyst in this office.
Naomi R. Sweeney for
Assistant Director for
Legislative Reference
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 FRfaM: W. Windus, DOD
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Honorable David A. Stockman
Director, office of Hanogement V/I AIC
and Budget
Washington, D. C. 20513
Dear Mr. Stockman:
This is to present the views of the Department of Defense on
the Justice Department proposed revisions to the office of
Personnel Management (OPM) legislative proposal "To amend section
8312 of title 5, United States Code, to provide that an
individual may not be paid an annuity under the civil service
retirement system or other retirement system of the Government of
the United States for service as a Federal employee if convicted
connebyctiionmpriwith
of any felony which
a Federal employee P
more years, and for other purposes.
The Department of Justice recommends that the amendment of 5
U.S.C. 8312 contain a general description of the types
violations which are appropriate for pension denial and authority
for the Attorney General to promulgate regulations listing
specific provisions-of law for the categories-described by the
statute. The list of violations in the regulations would include
any offense which involves:
(1) intentional misuse of public office punishable by
imprisonment for a term of 3 or more years;
"(2) intentional violence or injury to another person more years punishable by imprisonment for individual' term of 5 ~s employment%1#
cormunitted in connection wit
"(3) intentional damage to or destruction of federal
property punishable impriaonment for a term
individual'afemP7~oymentsyears
with
if committed in Connection
"(4) the manufacture, distribution, or a
pQs6P.6510ri with intent to menufactureim imprisonment for a term of 3
controlled substance, punishable by p
or more years if committed in connection with the individual's
employment; or
^(5) *an attempt or conspiracy to commit any of the above.
The draft amendment proposed by the Justice Department would pay Department of Defense.
application of the new areas of pension denial so that Federal
employees will be on notice prior to the commission of an
included offense that they may be subject to the loss of pension
rights which have otherwise accrued to them. In addition,
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the Justice Department proposal, OPM and the Department of
Defense would have discretion to impose regulation. pesinenialufollowingf
conviction of an offense listed in
the criteria for pension denial metJuais cr etion8may that one t
exercised not to impose this plnareY their
of the factors OPM and DefBdenialliawthehimpacte8ucbldenial
discretion to impose pension
would have on innocent third parties.
We disagree with the Justice Department proposal in two
areas. The first pertains to the kinds ofviovationsincludedd.to
The purpose of the legislation is to deny a Gornment eo le by to
aks faith with the American p P
who bre
a Federal employee using his or her office to engage in felonious conduct for
personal gain. Therefore, ofathe five violations listed above,
only (1) and (5) are appropr
ential application of
*
h
e po
is t
The second area of concern the legislation to retired military personnel i workinggiin n c carivilian
the
positions. The proposal could benonvictiontofpa felony in
The entitlement
denial of military retired pay upon eA
l
emitme
.
oy Service M to
connection with service as a civilian emp
to military retired pay is based on militaryosal would intreauae
p
ontrast, the pro
BY c
acceptable standards-
a new standard for continued entitlement t a based on other tnun a
long-standing position
military standard or duty. It ban is based on military
of the Department that military retired pay
service and should not be interrupted for non-military reasons.
We see no reason to alter that position.
With the above exceptions, we agree with the justice
Department proposal
sincerely,
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