5 U.S.C. § 8313 — Absence from the United States to avoid

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