5 U.S.C. § 8315 — Falsifying employment applications

Page 972 TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES § 8313 5542 of that Act (10 U.S.C. 801 note) [amendments effec- tive Jan. 1, 2019], see section 1081(c)(4) of Pub. L. 115–91, set out as a note under section 801 of Title 10, Armed Forces. EFFECTIVE DATE OF 1994 AMENDMENT Section 639(b) of Pub. L. 103–337 provided that: ‘‘The amendment made by subsection (a) [amending this sec- tion] shall take effect on the date of the enactment of this Act [Oct. 5, 1994] and shall apply to persons con- victed of espionage under section 906a of title 10, United States Code (article 106a of the Uniform Code of Mili- tary Justice), on or after the date of the enactment of this Act.’’ § 8313. Absence from the United States to avoid prosecution (a) An individual, or his survivor or bene- ficiary, may not be paid annuity or retired pay on the basis of the service of the individual which is creditable toward the annuity or re- tired pay, subject to the exceptions in section 8311(2) and (3) of this title, if the individual— (1) is under indictment, or has outstanding against him charges preferred under the Uni- form Code of Military Justice— (A) after July 31, 1956, for an offense named by section 8312(b) of this title; or (B) after September 26, 1961, for an offense named by section 8312(c) of this title; and (2) willfully remains outside the United States, or its territories and possessions in- cluding the Commonwealth of Puerto Rico, for more than 1 year with knowledge of the in- dictment or charges, as the case may be. (b) The prohibition on payment of annuity or retired pay under subsection (a) of this section applies to the period after the end of the 1-year period and continues until— (1) a nolle prosequi to the entire indictment is entered on the record or the charges are dis- missed by competent authority; (2) the individual returns and thereafter the indictment or charges is or are dismissed; or (3) after trial by court or court-martial, the accused is found not guilty of the offense or offenses. (Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 561.) HISTORICAL AND REVISION NOTES Derivation U.S. Code Revised Statutes and Statutes at Large .................. 5 U.S.C. 2283a. Sept. 26, 1961, Pub. L. 87–299, § 1, ‘‘Sec. 3’’, 75 Stat. 643. Standard changes are made to conform with the defi- nitions applicable and the style of this title as outlined in the preface to the report. Editorial Notes REFERENCES IN TEXT The Uniform Code of Military Justice, referred to in text, is classified to chapter 47 (§ 801 et seq.) of Title 10, Armed Forces. Statutory Notes and Related Subsidiaries SUSPENSION OF PAYMENT OF RETIRED PAY OF MEM- BERS WHO ARE ABSENT FROM UNITED STATES TO AVOID PROSECUTION Pub. L. 104–201, div. A, title VI, § 633, Sept. 23, 1996, 110 Stat. 2550, provided that: ‘‘(a) DEVELOPMENT OF PROCEDURES FOR SUSPENSION.— The Secretary of Defense shall develop uniform proce- dures under which the Secretary of a military depart- ment may suspend the payment of the retired pay of a member or former member of the Armed Forces during periods in which the member willfully remains outside the United States to avoid criminal prosecution or civil liability. The procedures shall address the types of criminal offenses and civil proceedings for which the procedures may be used, including the offenses speci- fied in section 8312 of title 5, United States Code, and the manner by which a member, upon the return of the member to the United States, may obtain retired pay withheld during the member’s absence. ‘‘(b) REPORT TO CONGRESS.—The Secretary of Defense shall submit to Congress a report describing the proce- dures developed under subsection (a). The report shall include recommendations regarding changes to existing provisions of law (including section 8313 of title 5, United States Code) that the Secretary determines are necessary to fully implement the procedures. ‘‘(c) RETIRED PAY DEFINED.—For purposes of this sec- tion, the term ‘retired pay’ means retired pay, retire- ment pay, retainer pay, or equivalent pay, payable under a statute to a member or former member of a uniformed service. ‘‘(d) EFFECTIVE DATE.—The uniform procedures re- quired by subsection (a) shall be developed not later than 30 days after the date of the enactment of this Act [Sept. 23, 1996].’’ § 8314. Refusal to testify (a) An individual, or his survivor or bene- ficiary, may not be paid annuity or retired pay on the basis of the service of the individual which is creditable toward the annuity or re- tired pay, subject to the exceptions in section 8311(2) and (3) of this title, if the individual, be- fore, on, or after September 1, 1954, refused or re- fuses, or knowingly and willfully failed or fails, to appear, testify, or produce a book, paper, record, or other document, relating to his serv- ice as an employee, before a Federal grand jury, court of the United States, court-martial, or congressional committee, in a proceeding con- cerning— (1) his past or present relationship with a foreign government; or (2) a matter involving or relating to an in- terference with or endangerment of, or involv- ing or relating to a plan or attempt to inter- fere 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. (Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 561.) HISTORICAL AND REVISION NOTES Derivation U.S. Code Revised Statutes and Statutes at Large .................. 5 U.S.C. 2283(a). Sept. 26, 1961, Pub. L. 87–299, § 1 ‘‘Sec. 2(a)’’, 75 Stat. 642. Standard changes are made to conform with the defi- nitions applicable and the style of this title as outlined in the preface to the report. § 8315. Falsifying employment applications (a) An individual, or his survivor or bene- ficiary, may not be paid annuity or retired pay Page 973 TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES § 8316 on the basis of the service of the individual which is creditable toward the annuity or re- tired pay, subject to the exceptions in section 8311(2) and (3) of this title, if the individual knowingly and willfully made or makes a false, fictitious, or fraudulent statement or represen- tation, or knowingly and willfully concealed or conceals a material fact— (1) before, on, or after September 1, 1954, concerning his— (A) past or present membership in, affili- ation or association with, or support of the Communist Party, or a chapter, branch, or subdivision thereof, in or outside the United States, or other organization, party, or group advocating— (i) the overthrow, by force, violence, or other unconstitutional means, of the Gov- ernment of the United States; (ii) the establishment, by force, violence, or other unconstitutional means, of a Communist totalitarian dictatorship in the United States; or (iii) the right to strike against the United States; (B) conviction of an offense named by sub- section (b) of section 8312 of this title, to the extent provided by that subsection; or (C) failure or refusal to appear, testify, or produce a book, paper, record, or other docu- ment, as specified by section 8314 of this title; or (2) before, on, or after September 26, 1961, concerning his conviction of an offense named by subsection (c) of section 8312 of this title, to the extent provided by that subsection; in a document executed by the individual in con- nection with his employment in, or application for, a civilian or military office or position in or under the legislative, executive, or judicial branch of the Government of the United States or the government of the District of Columbia. (b) The prohibition on the payment of annuity or retired pay applies— (1) with respect to matters specified by sub- section (a)(1) of this section, to the period after the statement, representation, or con- cealment of fact is made or occurs, or after September 1, 1954, whichever is later; and (2) with respect to matters specified by sub- section (a)(2) of this section, to the period after the statement, representation, or con- cealment of fact is made or occurs, or after September 26, 1961, whichever is later. (Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 562.) HISTORICAL AND REVISION NOTES Derivation U.S. Code Revised Statutes and Statutes at Large .................. 5 U.S.C. 2283(b), (c). Sept. 26, 1961, Pub. L. 87–299, § 1 ‘‘Sec. 2(b), (c)’’, 75 Stat. 642. Standard changes are made to conform with the defi- nitions applicable and the style of this title as outlined in the preface to the report. § 8316. Refund of contributions and deposits (a) When payment of annuity or retired pay is denied under this subchapter because an indi- vidual was convicted of an offense named by sec- tion 8312 of this title, to the extent provided by that section, or violated section 8314 or 8315 of this title— (1) the amount, except employment taxes, contributed by the individual toward the an- nuity, less the amount previously refunded or paid as annuity benefits; and (2) deposits made under section 1438 of title 10 or section 5 of the Uniformed Services Con- tingency Option Act of 1953 (67 Stat. 504) to provide the eligible beneficiary with annuity for any period, less the amount previously paid as retired pay benefits; shall be refunded, on appropriate application therefor— (A) to the individual; (B) if the individual is dead, to the bene- ficiary designated to receive refunds by or under the statute, regulation, or agreement under which the annuity, the benefits of which are denied under this subchapter, would have been payable; or (C) if a beneficiary is not designated, in the order of precedence prescribed by section 8342(c) of this title or section 2771 of title 10, as the case may be. (b) A refund under subsection (a) of this sec- tion shall be made with interest at the rate and for the period provided under the statute, regu- lation, or agreement under which the annuity would have been payable. However, interest may not be computed— (1) if the individual was convicted of an of- fense named by section 8312(b) of this title, or violated section 8314 or 8315(a)(1) of this title, for the period after the conviction or commis- sion of the violation, or after September 1, 1954, whichever is later; or (2) if the individual was convicted of an of- fense named by section 8312(c) of this title, or violated section 8315(a)(2) of this title, for the period after the conviction or commission of the violation, or after September 26, 1961, whichever is later. (Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 563.) HISTORICAL AND REVISION NOTES Derivation U.S. Code Revised Statutes and Statutes at Large .................. 5 U.S.C. 2284(a), (b). Sept. 26, 1961, Pub. L. 87–299, § 1 ‘‘Sec. 4(a), (b)’’, 75 Stat. 644. .................. 5 U.S.C. 2284a(b). Sept. 26, 1961, Pub. L. 87–299, § 1 ‘‘Sec. 5(b)’’, 75 Stat. 645. This section is reorganized for clarity and concise- ness. The words ‘‘and section 3282 of Title 18’’ in former section 2284(a) are omitted as unnecessary. Standard changes are made to conform with the defi- nitions applicable and the style of this title as outlined in the preface to the report. Editorial Notes REFERENCES IN TEXT Section 5 of the Uniform Services Contingency Op- tion Act of 1953 (67 Stat. 504), referred to in text, is cov- ered by section 1438 of Title 10, Armed Forces.