DEPRIVATION OF ANNUITY AND SALARY RIGHTS OF EMPLOYEES WHO ARE CONVICTED OF CERTAIN OFFENSES OR WHO REFUSE TO TESTIFY ON GROUNDS OF SELF-INCRIMINATION

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP59-00224A000200510023-3
• Release Decision: RIPPUB
• Original Classification: K
• Document Page Count: 7
• Document Creation Date: December 15, 2016
• Document Release Date: May 10, 2004
• Sequence Number: 23
• Publication Date: June 23, 1954
• Content Type: MF

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HI.-I-NORANVDU14 FOR: Legislative Counsel
SUBJECT: Deprivation of Annuit3,,r and-Salary Rights of Hnoloyees
Who Are Convicted of -Certain Offenses or Who 7:efuse
to Testify on Grounds of Self-incrimination.
REr E ENC
1 S. 2762, 63rd Coijgress, 2nd Session
(2) H. R. 9909, 83rd Jongress, 2nd Session
1. S. 2762 prohibits payment of k3alar3r and retirement benefits to
present and former Governmental employ :es who refuse on grounds of self.-
incrimination to give testimony before' Congr !ssional Committees.
H. R. 9909 prohibits payment of a CivI Serv.ce retirement annuity or
military retired pay to Federal employees if such personnel:
a. Have been convicted or arr: convicted in the future of
certain offenses, designated in the proposed bills, or
b. Have refused or refuse in-the future to testify before a
Congressional Committee on the ,rounds of self-incrimination.
Apparently, neither bill would divest en individual of annuity rights
if he were to refuse to testify on the] gounds of free speech under the
First Amendment.
2. Since an employee affected by'ithese bills would not forfeit
contributions made into the Retirement,` Fund, the general effect would
appear to be the curtailment of annuity benefits which the Congress has
bestowed by law and which, in its discretion, it may take away, We
note that retirees could be deprived of annuity rights after they have
acquired title thereto, but we are not in a position to judge the
legality of this provision.
3. We are appreciative of the ooeition that has been assumed by
the President on these issues and of the favorable disposition toward
these proposals by many Congressmen (highlighted by the 0 case). it
therefore seems proper for the Agency to acgvIesce in these pro-, iosals
as an appropriate public policy.
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).. It appears that H.R. 9909 and S 2762 would not deprive an
employee of pa or retirement rights if be refused to appear before
a Congressional Con nittee at the instruction of the Agency. Howe Je7r,
a former employee, no longer under the ;txisdiction of the executive
'branch, could be subpoenaed by Congress to testify as a private
citizen on matters of material concern to the 'agency. Annuity rijats
might be denied to an individual forced to plead self-incrimination in
order to protect Agency intelligence sources and information or pre-vious
associations effected in behalf of the Agency. Such an individual, right
~ e under considerable pressure to reveal= information concerning Firi.s
Agency activities if he were deprived of an annuity or r,iilitary retired
pay for making a plea of self"-incrinination or refusing to acknowledge
certain connections.
5. As a general proposition, employees or ex-employees should not
be penalized for compliance with reguireEients peculiar to the Agency
because of its prohibition against testik ony or production of documents
concerning Agency operations.
Deput-= Assisi, ant Director
for Personnel
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a August 1954
SUBJECT : H.R. 9909 (As Amended i.n ;onnittee)
1. You have asked that I review-H.R.=99O9,, a bill to prohibit payment
of annuities to officers and employees of the United States convicted of
certain offenses, and for other purposes, rxs amended in committee and
reported out therefrom on 23 July 1954. 19
2. Most of the amendments which wer(i made -1_n the bill are of a
technical nature. The few substantive ch* ges )argely are unimportant
with regard to CIA.
3. Of note are the following:
z. Amendment 7: This amendment chafes in some slight respect
Section 2(b)(1), which providesnr the forfeit of his armuity
benefits by any person who rookes -alse fictitious, concepling
or fraudulent, etc., statements T\,th regard to past or present
membership, affiliation or aseoc.;.,ttion,with, or support oi, any
party of the general composit'_on tnd purposes normally attributed
to the Communist Party. Among t-pse entities, association with
or support of which can result iri a forfeit of such benefits, an
"individual" is deleted. While -die amdndment to some extent
tightens the scope of Section 2(8)(1),3:Its general looseness,
as described in my previous memori .ndum ;of 20 July 1954, still
subsists. Consequently the cavezr, prey>_ously indicated oltains,
if to a slightly lesser extentt.-
b. Amendment 11: This provides genally.that a presidentiaJ pardon,
either for a conviction of ce-_*ta:iin offenses, under Section I of
the Act, or for the commission of certain acts specified in
Section 2, will operate to re6toi-: annu.ty benefits proscribed
under the circumstances set out wider Sections 1 and 2. In
my previous memorandum (paragraph d, We 4), I pointed out
that there was some doubt as to tie efficacy of a pardon as
regards clearing the record of t?'e offense committed, as apposed
to the punishment therefor. While theiamendment does not, in
terms, act to clear the record, it does specifically provide
for doing away-with the penalty -And restoring the rights :impaired.
4. Subject to the above, I consider joy previous memorandum accurately
to reflect my opinion of the effect of the legislation upon the af`kairs
of this Agency.
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 Approved For Rele00lA5
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4A000200510023 -
R. R. No. 9, ' A Bill t Prohibit aent ;
Officers sad l n of the sit d St4tes
Certain Offenses, and for Other Pte '
1. Mr. Pforzhe:' r relayed to yoc rec2est
proposed legislation to the end of estimating the extent of its
i ct on employees of this Aenc",~
2. Qezer&Uy the legislation
annuity r~ a~s~-r retired pay" to"'awny
the Cr t") who either is a) convicted of min cris" s nst the
United St9.tes, (b) rams to an*ar or testify ors certain federal
tribunals or qxasi.-tribmals; or (c) es avy false s ash as Yl i
certain natters in an application for fed: .. ,er1ploy+sent, or a tuo, or
all, of these .
virtue of the cuLlw? funeti
in the disc of such functions
retirement it es urn the terms
curse, the issue is that ---#f the
i ofs between the three btE
of the sate. "
of a retirement aumdty to my officer or loy of the GoverUMIt who
is convicted of either (a) certain cited effensea
code, (b) "a fear Under the I&Is of t`xe
District of Colas aia", (e) perjury, or (d) r e .u
the "code of I for the District of Coi v bi a . ` From the A n y p gist-Ot
view, the ors of this section is the p vino that a e victt a has been
had. tacking a conviction, there can be to sacrifice at a : is Wnt
This being so, I f o r e s a negligible i m p a c t of the first section
an CTA, persornel for two reasons . P:trst; auch are the characters of the
various crims delineated vis-a-vis the t,neral character of our aperatior.c
nebly to preclude any transgressions by our people in the 'Viet
enthusiastic disebarge of even our more otcuit lla#ictic . Thus,, a.. a
practical matt r, it is difficult, to enil*im a CIA +e toyee iagte }ionally;
and under orders, accepting bribes; cusn tti t:r or sedition perpe--
trating a ftlozW; peddling "i fluence",, censitti.ng or suborning to perjury
or doing any of these, and Uted, thin 1 vtdcb ti :i r cons -.it
violatscns of the D.C. Code. fond,, in ibat I consider to be that ram
instance in vhitx. rati l necessity (4m d that azW of these this
be done, I ass, that we could, and vvt.d, prevent the case fro $rr? v:Lx
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even
so W- as the ImUctumt
gqy.~"
tim - J"tiic*
but
V01; ti . -j-
.
.. P. UL--P it " aot tL
' t Juries or c = ) be ` I?;
-J'l c -~- is UttU doubt t
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in t
vark. This for
held .the
tion) . _ . or
I t0
the Agecxqj, had Vue i and woi witt
SIAOwhop in the sts of protectir elmail`1
t t 4, :d not tuxt4 is
P U rtt p1 oa.ti . d bey ic~ti of the
, the phrase 144with
ccuPrehand a2wKwt a ex-aVlpyee of t 1.r c bad
operatir.mo the . Ar ' e ft~O;me to p t i la L. t
reawd past again ,1 couU c a t
the statute. On the r hand., tyre 4 the praocU cousidom-4cus
of the inteut of the law and of 1 nowings to be 1 ted to Its
la t , . DmIaming, , a4 slat*d. to .. rs . t thy:- der
wordr, of the ate, it is hard to :, s to t
susceptible
betwei the
and tit em the
to the fill ax 1 seek a p
4 i nv'ol'ted,, it is " j
neoes i ; is the o'er.`
the bill ' f Vie .
Insofar as it pis to be retmactitc.
i tip eni aaa ;z a cut of m
of "1l=, wxWz ate modit-m
x or-, the tuplaWam and operati
1 i d.,, it &= p {iai; vmU touch . 'e '
oazr
tit the less seek ftvared t t t the of the Ccvsrwz,
better it is it , t . b, givm th* px :r h , I boMmt
to s aid be .e to work w am- 1 t i :wtiee wui the t ress
thou_ the side., if not the be 4k, dner ,
STAT
to i+c . fV*r of
L Seea t ? it more
th,1 ,t .yO -
az -fLft POW-le
et'
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I if the
once, ub t has h p more; arid, 'rot the stories
heard, often fn theahs of the horses conced, events oval scsee-
times take . a more d tic turn. Next, it appears to be a e t .er of ruu
case 1w that a Presidential pardon for an offense, .tile excusing the
ommission of the off
the fel
t a felo
of i nel:egibilit
the pardon did not
being a matter of record,. V
the correctly bad been held inelegibl.e for *n 1i
cannot cite the case as it is one vhi:ch I 'iappened
nection and over at the D apartment of Interior L Library.
procured however.
gislotive
Of H. R. 90.
sidered by the
if this impact is concluded
it . " The FBI has not Qppear
,advised also that he thought the c ances ' t
session were extremely slim, attribUti-ag V is to the
committee concerned for being uabie t.-
10. to
should take no s
H.H. No. 99M.
of the r ,okwr,. .fns is sy
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k3ency