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5 U.S.C. § 8314Refusal to testify

submitted 60 years ago by Pub. L. 89-554 to r/title-5-GOVERNMENT-ORGANIZATION-AND-EMPLOYEES · 191 words · no verdicts yet

in plain englishAI-generated · not legal advice

A person loses their annuity or retired pay for refusing to testify about their government service. This covers refusals before Congress, a grand jury, a US court, or a court-martial. It applies to questions about foreign ties or national security, starting at the refusal or in 1954.

(a) An individual — or their survivor or beneficiary — can't be paid annuity or retired pay based on that individual's creditable service, apart from the section 8311(2) and (3) exceptions, if, before, on, or after September 1, 1954, they refused or refuse, or knowingly and willfully failed or fail, to appear, testify, or produce a book, paper, record, or other document about their service as an employee. This applies when they were asked, in a proceeding before a federal grand jury, U.S. court, court-martial, or congressional committee, about (1) their past or present relationship with a foreign government, or (2) a matter involving or relating to a threat, plan, or attempt to interfere with or endanger U.S. national security or defense. (b) The payment ban applies to the period after the date of the individual's failure or refusal, or after September 1, 1954, whichever is later.
the actual law source: uscode.house.gov ↗public domain
(a)

An individual, or his survivor or beneficiary, may not be paid annuity or retired pay on the basis of the service of the individual which is creditable toward the annuity or retired pay, subject to the exceptions in section 8311(2) and (3) of this title, if the individual, before, on, or after September 1, 1954, refused or refuses, or knowingly and willfully failed or fails, to appear, testify, or produce a book, paper, record, or other document, relating to his service as an employee, before a Federal grand jury, court of the United States, court-martial, or congressional committee, in a proceeding concerning—

(1)

his past or present relationship with a foreign government; or

(2)

a matter involving or relating to an interference with or endangerment of, or involving or relating to a plan or attempt to interfere with or endanger, the national security or defense of the United States.

(b)

The prohibition on payment of annuity or retired pay under subsection (a) of this section applies to the period after the date of the failure or refusal of the individual, or after September 1, 1954, whichever is later.

Source credit: (Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 561.)

history & why it existsrecord from the source credit
  • 1966Enacted · Pub. L. 89-554 · 80 Stat. 561

A history note hasn’t been published yet. The record shows enactment by Pub. L. 89-554 on 1966-09-06.

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