An Act to prohibit payment of annuities to officers and employees of the United States convicted of certain offenses, and for other purposes
PL 83-769 (H.R.9909), enacted 09/01/1954

1142 
PUBLIC LAW 769-SEPT. 1, 1954 
[68 S T A T . 
Public Law 769 
C H A P T E R 1214 
September 1, 1954 
^^ 
A C T 
[H. R. 9909] 
To prohibit payment of annuities to officers and employees of the United States 
convicted of certain offenses, and for other purposes. 
Be it enacted by the Senate and House of Representatives 
of the 
ees*'*^'^"^ employ- United States of A^nerica in Congress assembled^ That there shall not 
Denial o
f annul- be paid to aiiy persoii convicted prior to, on, or after the date of 
c^onvfctfonf"™*""^ Giiactment of this Act of any of the following offenses described in 
this section, or to the survivor or beneficiary of such person so con-
victed, for any period subsequent to the date of such conviction or 
the date of enactment of this Act, whichever is later, any annuity or 
retired pay on the basis of the service of such person as an officer or 
employee of the Government: 
62 Stat. 683. 
(1) ^ ^ y offcnse defined in section 201, 202, 203, 204, 205, 206, 207, 
208, 209, 210, 211, 212, 213, 216, 217, 218, 219, 220, 221, 222, or 223 of 
chapter 11 (relating to bribery and graft), section 281, 282, 283, 284, 
285,286, or 287 of chapter 15 (relating to claims and services in matters 
affecting government), section 434, 435, 436, 441, 442, or 443 of chap-
ter 23 (relating to contracts), chapter 37 (relating to espionage and 
censorship), section 1700,1702, 1703, 1704, 1705, 1706, 1707, 1708, 1709, 
1711, or 1712 of chapter 83 (relating to offenses involving the postal 
service), chapter 105 (relating to sabotage), or chapter 115 (relating 
to treason, sedition, and subversive activities) of title 18 of the United 
Jtl^T'^xV" ^^^' ^<^^ates Code or in section 10 or 16 of the Atomic Energy Act of 1946 
' 
• 
(42 U. S. C , sees. 1810 and 1816) ; 
(2) Any offense (not including any offense within the purview of 
section 13 of title 18 of the United States Code) which is a felony 
under the laws of the United States or of the District of Columbia 
(A) committed in the exercise of his authority, influence, power, or 
privileges as an officer or employee of the Government, or (B) com-
mitted after the termination of his service as an officer or employee 
of the Government but directly involving, directly resulting from, 
or directly r-elating to, the improper exercise of his authority, influ-
ence, power, or privileges during any period of his service as such an 
office!" or employee; 
(3) Perjury committed under the laws of the United States or of the 
District of Columbia (A) in falsely denying the commission of an 
act which constitutes any of the offenses described in paragraph (1) 
or (2) of this section, (B) in falsely testifying before any Federal 
grand jury or court of the United States with respect to his service 
as an officer or employee of the Government, or (C) in falsely testify-
ing before any congressional committee in connection with any mat-
ter under inquiry before such congressional committee; or subornation 
of })erjury committed in connection with the false denial or false 
testimony of another person as specified in this paragraph; 
(4) Any offense defined in section 833, 861, or 862 of the Act entitled 
"An Act to establisli a code of law for the District of Columbia", 
approved March 3, 1901 (31 Stat. 1325. 1330; D. C. Code, 1951 edition, 
sees. 22-1201, 22-701, 22-703) ; or in the second paragraph under the 
subhendinof "FOK EXKCUTIVK OFFICE" under the caption "GENERAL 
EXPENSES" in the first section of the Act entitled "An Act making 
appropriations to provide for the expenses of the government of the 
District of Columbia for the fiscal year ending June thirtieth, nineteen 
hundred and three, and for other purposes", approved July 1, 1902 
(32 Stat. 591 ; D. C. Code. 1951 edition, sec. 22-702). 
f ^*(^*°^ *° **^"- 
SEC. 2. (a) There shall not be paid to any person who has failed 
or refused, or fails or refuses, prior to, on, or after the date of enact-
ment of this Act, upon the ground of self-incrimination, to appear, 
68 S T A T . ] 
PUBLIC LAW 769-SEPT. 1, 1954 
1143 
testify, or produce any book, paper, record, or other document, with 
respect to his service as an officer or employee of the Government or 
with respect to any relationship which he has had or has with a 
foreign government, in any proceeding before a Federal grand jury, 
court of the United States, or congressional committee, or to the 
survivor or beneficiary of such person, for any period subsequent to 
the date of such failure or refusal of such person or the date of enact-
ment of this Act, whichever is later, any annuity or retired pay on the 
basis of the service of such person as an officer or employee of the 
Government. 
(b) There shall not be paid to any person who, prior to, on, or after o/conceL°m*ent"** 
the date of enactment of this Act, knowingly and willfully has made 
or makes any false, fictitious, or fraudulent statement or representa-
tion, or who, prior to, on, or after such date, has concealed or conceals 
any material fact, with respect to his— 
(1) past or present membership in, affiliation or association 
with, or support of the Communist Party, or any chapter, branch, 
or subdivision thereof, in or outside the United States, or any 
s < 
other organization, party, or group advocating (A) the overthrow, 
by force, violence, or other unconstitutional means, of the Gov-
ernment of the United States, (B) the establishment in the United 
States of a Communist totalitarian dictatorship, or (C) the right 
to strike against the Government of the United States; 
(2) conviction of any offense described in the first section of 
this Act; or 
(3) failure or refusal to appear, testify, or produce any book, 
paper, record, or other document as specified in subsection (a) of 
this section, 
for any period subsequent to the date of enactment of this Act or the 
date on which any such statement, representation, or concealment of 
fact is made or occurs, whichever is later, in connection with his appli-
cation for an office or position in or under the executive, legislative, or 
judicial branch of the Government of the United States or the govern-
ment of the District of Columbia, or to the survivor or beneficiary 
of such person, any annuity or retired pay on the basis of the service 
of such person as an officer or employee of the Government. 
SEC. 3. Any amounts contributed by any such person toward the 
annuity the benefits of which are denied under this Act, less any sums 
previously refunded or paid as annuity benefits, shall be returned to 
such person, upon appropriate application therefor, with interest to 
the date of his conviction of any offense described in the first section 
of this Act or of the commission by him of any violation of section 2 
of this Act, as the case may be, or the date of enactment of this Act, 
whichever is later, at such rates as may be provided in the case of 
refunds under the law, regulation, or agreement under which the 
annuity is payable, or if no such rates are so provided at the rate of 
4 per centum per annum to December 31, 1947, and 3 per centum per 
annum thereafter, compounded on December 31 of each year. 
Such 
person shall not be required to repay any annuity properly received 
by him which is in excess of the amount of his own contributions with 
interest. In the event a person entitled to a refund under this section 
dies prior to the making of such refund, the refund shall be made to 
such person or persons as may be provided in the case of refunds under 
the law, regulation, or agreement under which the annuity the benefits 
of which are denied under this Act is payable or, if no such provision 
is made, in the order of preference prescribed in section 12 (e) of the %'^^fsc'^2Me). 
Civil Service Retirement Act of 1930, as amended. 
SEC. 4. The right to receive an annuity or retired pay shall be 
Restoration upon 
1 
1
1
1 
• 
1 
* 
* • • • 
p a r d o n , 
deemed restored to any person convicted, prior to, on, or after the 
Return of c o n -
tributions. 
1144 
PUBLIC LAW 769-SEPT. 1, 1954 
[68 S T A T . 
Nonliability of 
officers. 
Definitions. 
date of enactment of this Act, of an offense which is specijfied in the 
first section of this Act or which constitutes a violation of section 2 of 
this Act, for which he is denied an annuity or retired pay, to whom 
a pardon of such offense is granted by the President of the United 
States, prior to, on, or after the date of enactment of this Act, and 
to the survivor or beneficiary of such person. Such restoration of the 
right to receive an annuity or retired pay shall be effective as of the 
date on which such pardon is granted. 
Any amounts refunded to 
such person under section 3 of this Act shall be redeposited before 
credit is allowed for the period or periods of service covered by the 
refund. 
No payment of annuity or retired pay shall be made for 
any period prior to the date on which such pardon is granted. 
SEC. 5. No accountable officer of the Government of the United 
States or of the government of the District of Columbia shall be held 
responsible for payments made in violation of the first section or sec-
tion 2 of this Act when such payments are made in due course and 
without negligence. 
SEC. 6. As used in this Act— 
(1) The term "officer or employee of the Government" includes an 
officer or employee in or under the legislative, executive, or judicial 
branch of the Government of the United States, a Member of or Dele-
gate to Congress, a Resident Commissioner, an officer or employee 
of the government of the District of Columbia, and a member or for-
mer member of the Armed Forces of the United States, including the 
Regular and Reserve components thereof, the Fleet Reserve, the 
Fleet Marine Corps Reserve, the Coast and Geodetic Survey, and the 
Public Health Service. 
(2) The term "annuity" means any retirement benefit (other than 
any benefit provided under laws administered by the Veterans' Ad-
ministration) payable by any department or agency of the Govern-
ment of the United States or the government of the District of 
Columbia upon the basis of service as a civilian officer or employee, 
except that such term does not include salary or compensation which 
may not be diminished under section 1 of article I I I of the Consti-
tution or, in the case of a benefit payable under the Social Security 
Act, as amended, any portion of such benefit not based upon service 
as an officer or employee of the Government of the United States or 
the government of the District of Columbia. 
The term "annuity" 
does not include any retirement benefit of any person to whom such 
benefit has been awarded or granted prior to the date of enactment 
of this Act insofar as concerns the conviction of such person, prior 
to such date, of any offense specified in the first section of this Act, or 
the commission by such person, prior to such date, of any violation of 
section 2 of this Act. 
(3) 
The term "retired pay" means retired pay, retirement pay, 
retainer pay, or equivalent pay (other than any benefit provided under 
laws administered by the Veterans' Administration), payable under 
any law of the United States to members or former members of the 
Armed Forces of the United States, including the Regular and Reserve 
components thereof and the Fleet Reserve and the Fleet Marine Corps 
Reserve, the Coast and Geodetic Survey, and the Public Health Serv-
ice. The term "retired pay" does not include the retired pay, retire-
ment pay, retainer pay, or equivalent pay of any person to whom any 
such pay has been awarded or granted prior to the date of enact-
ment of this Act insofar as concerns the conviction of such person, 
prior to such date, of any offense specified in the first section of this 
Act, or the commission by such person, prior to such date, of any 
violation of section 2 of this Act. 
68 S T A T . ] 
PUBLIC LAW 770-SEPT. 3, 1954 
1145 
SEC. 7. This Act shall not be construed as restricting authority benemt"'''°''^"'^ 
under any other provision of law to deny or withhold benefits author-
ized by law. 
SEC. 8. The President may drop from the rolls any member of the 
R J
^
m o v a i^frim 
Armed Forces, including the Regular and Reserve components thereof, rolls, 
the Fleet Reserve, and the Fleet Marine Corps Reserve, and any 
member of the Coast and Geodetic Survey or of the Public Health 
Service, who is deprived of retired pay under the provisions of this 
Act. 
SEC. 9. If any provision of this Act, or the application of such pro- 
separability, 
vision to any person or circumstance, shall be held invalid, the remain-
der of this Act, or the application of such provision to persons or 
circumstances other than those as to which it is held invalid, shall 
not be affected therebv. 
SEC. 10. (a) Section 3282 of title 18 of the United States Code is tauons!^ °* *'™' 
amended by striking out "three"' and inserting in lieu thereof "five". 
62 stat. 828. 
(b) The amendment made by subsection (a) shall be effective with 
respect to offenses (1) committed on or after the date of enactment of 
this Act, or (2) committed prior to such date, if on such date prose-
cution therefor is not barred by provisions of law in effect prior to 
such date. 
Approved September 1, 1954. 
Public Law 770 
C H A P T E R 1254 
^^ 
A C T 
September 3, 1954 
To provide relief for tiie sheep-raising industry by making special nonquota 
[S. 2862] 
immigrant visas available to certain skilled alien sheepherders. 
Be it enacted hy the Senate and House of Representatives 
of the 
United States of America in Congress assembled, That, for a period of 
one year after the effective date of this Act, in any case in which the 
Attorney General, under the authority of section 204 of the Immigra-
tion and Nationality Act, grants permission for the importation of a 
skilled alien sheepherder into the United States and the investigation 
of the application for such importation discloses that— 
(1) the employment offered such skilled alien sheepherder is 
permanent; and 
(2) no immigration quota number of the quota to which such 
skilled alien sheepherder is chargeable under section 202 of the 
|\f|*c*ii5l* 
Immigration and Nationality Act is then available, a special 
nonquota immigrant visa may be issued to such skilled alien sheep-
herder as provided in this Act: Provided, That such skilled alien 
sheepherder is otherwise eligible to receive an immigrant visa 
under the immigration laws. 
SEC. 2. The Attorney General shall certify to the Secretary of State 
the name and address of every skilled alien sheepherder for which 
an application for importation under section 204 has been approved. 
^ "^^ ^^^*' 
If a quota number is not then available for such skilled alien sheep-
herder, the proper consular officer may issue a special nonquota immi-
grant visa to such skilled alien sheepherder. 
SEC. 3. (a) There shall not be issued more than three hundred and 
Limitation. 
eighty-five special nonquota immigrant visas under this Act. 
(b) Nothing contained in this Act shall be construed as increasing 
the immigration quota of any country or of altering the requirements 
for admission of aliens into the United States. 
SEC. 4. Any alien who is excludable because of the conviction of a convicuon"^"** 
misdemeanor classifiable as a petty offense under the provisions of 
° * ^° ' 
A l i e n 
herders. 
Visas. 
66 Stat 
8 u s e 
s h e 
. 179. 
1154. 
e p -