LETTER TO JAMES C. FREY FROM CLAIR E. GEORGE

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP86B00338R000400570015-2
• Release Decision: RIPPUB
• Original Classification: K
• Document Page Count: 3
• Document Creation Date: December 21, 2016
• Document Release Date: August 15, 2008
• Sequence Number: 15
• Publication Date: February 9, 1984
• Content Type: LETTER

Approved For Release 2008/08/15: CIA-RDP86B00338R000400570015-2 / (&t
I.Y
Central Intelligence Agency
OLL 84-0460
9 FEB 1984
Mr. James C. Frey
Assistant Director for Legislative Reference
Office of Management and Budget
Washington, D.C. 20503
Dear Mr. Frey:
This is in response to your request for views of the
Central Intelligence Agency (CIA) on the Department of
Justice's (DOJ) substitute draft language respecting
prohibition of payment of annuities to federal employees
convicted of certain felonies. As discussed below, the CIA
objects to the DOJ draft language.
The DOJ proposal would expand the list of pension-
disqualifying crimes in 5 U.S.C. ?8312 through the inclusion of
five new categories of felonies and authority for the Attorney
General to promulgate regulations listing specific provisions
of law for these five new categories. Further, the Office of
Personnel Management (OPM) would exercise discretion in
deciding whether or not to deny a pension for conviction of one
of these new categories of crimes.
The principal objection of the CIA is that the CIA
Retirement and Disability System (CIARDS) would fall within the
purview of OPM's discretionary authority. This exercise of
discretion over CIARDS would be an unprecedented intrusion into
this wholly internally-administered retirement system.
Consequently, the CIA objects to the draft DOJ language. CIA's
objection could be eliminated if subsection (d) of the DOJ
draft were modified to exclude CIARDS. Thereafter, the
provisions of the DOJ draft could be implemented in CIARDS by
Executive Order.
Beyond this procedural objection relating to CIARDS, the
CIA does not object to an amendment to 5 U.S.C. S 8312.
Indeed, the discussion of amendments to this section suggests
that other changes could be made. In this regard, we would
like to suggest that the national security-related provisions
of section 8312 be updated to include the Intelligence
Identities Protection Act, Public Law No. 97-200 (codified at
50 U.S.C. ?421-26) to the list of pension-disqualifying
crimes.
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We appreciate the opportunity to comment upon this draft
legislation and we look forward to working with the
Administration to produce a revised draft.
'Sincerely,
/s/ Clair E. George
Clair E. George
Director, Office of Legislative Liaison
DISTRIBUTION:
Original - Addressee
1 -
OLL
Chrono
A -
LEG
File:
Personnel General
1 -
ROD
Signer
1 - D/OLL
1 - DD/OLL
ROD:csh (7 February 1984)
- 2 -
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STAT
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