
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 5USC8312]

 
             TITLE 5--GOVERNMENT ORGANIZATION AND EMPLOYEES
 
                           PART III--EMPLOYEES
 
                   Subpart G--Insurance and Annuities
 
                         CHAPTER 83--RETIREMENT
 
         SUBCHAPTER II--FORFEITURE OF ANNUITIES AND RETIRED PAY
 
Sec. 8312. Conviction of certain offenses

    (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--
        (1) was convicted, before, on, or after September 1, 1954, of an 
    offense named by subsection (b) of this section, to the extent 
    provided by that subsection; or
        (2) was convicted, before, on, or after September 26, 1961, of 
    an offense named by subsection (c) of this section, to the extent 
    provided by that subsection.

The prohibition on payment of annuity or retired pay applies--
        (A) with respect to the offenses named by subsection (b) of this 
    section, to the period after the date of the conviction or after 
    September 1, 1954, whichever is later; and
        (B) with respect to the offenses named by subsection (c) of this 
    section, to the period after the date of conviction or after 
    September 26, 1961, whichever is later.

    (b) The following are the offenses to which subsection (a) of this 
section applies if the individual was convicted before, on, or after 
September 1, 1954:
        (1) An offense within the purview of--
            (A) section 792 (harboring or concealing persons), 793 
        (gathering, transmitting, or losing defense information), 794 
        (gathering or delivering defense information to aid foreign 
        government), or 798 (disclosure of classified information), of 
        chapter 37 (relating to espionage and censorship) of title 18;
            (B) chapter 105 (relating to sabotage) of title 18;
            (C) section 2381 (treason), 2382 (misprision of treason), 
        2383 (rebellion or insurrection), 2384 (seditious conspiracy), 
        2385 (advocating overthrow of government), 2387 (activities 
        affecting armed forces generally), 2388 (activities affecting 
        armed forces during war), 2389 (recruiting for service against 
        United States), or 2390 (enlistment to serve against United 
        States), of chapter 115 (relating to treason, sedition, and 
        subversive activities) of title 18;
            (D) section 10(b)(2), (3), or (4) of the Atomic Energy Act 
        of 1946 (60 Stat. 766, 767), as in effect August 30, 1954;
            (E) section 16(a) or (b) of the Atomic Energy Act of 1946 
        (60 Stat. 773), as in effect before August 30, 1954, insofar as 
        the offense is committed with intent to injure the United States 
        or with intent to secure an advantage to a foreign nation; or
            (F) an earlier statute on which a statute named by 
        subparagraph (A), (B), or (C) of this paragraph (1) is based.

        (2) An offense within the purview of--
            (A) article 104 (aiding the enemy), article 106 (spies), or 
        article 106a (espionage) of the Uniform Code of Military Justice 
        (chapter 47 of title 10) or an earlier article on which article 
        104 or article 106, as the case may be, is based; or
            (B) a current article of the Uniform Code of Military 
        Justice (or an earlier article on which the current article is 
        based) not named by subparagraph (A) of this paragraph (2) on 
        the basis of charges and specifications describing a violation 
        of a statute named by paragraph (1), (3), or (4) of this 
        subsection, if the executed sentence includes death, 
        dishonorable discharge, or dismissal from the service, or if the 
        defendant dies before execution of that sentence as finally 
        approved.

        (3) Perjury committed under the statutes of the United States or 
    the District of Columbia--
            (A) in falsely denying the commission of an act which 
        constitutes an offense within the purview of--
                (i) a statute named by paragraph (1) of this subsection; 
            or
                (ii) an article or statute named by paragraph (2) of 
            this subsection insofar as the offense is within the purview 
            of an article or statute named by paragraph (1) or (2) (A) 
            of this subsection;

            (B) in falsely testifying before a Federal grand jury, court 
        of the United States, or court-martial with respect to his 
        service as an employee in connection with 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; 
        or
            (C) in falsely testifying before a congressional committee 
        in connection with a matter under inquiry before the 
        congressional committee 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.

        (4) Subornation of perjury committed in connection with the 
    false denial or false testimony of another individual as specified 
    by paragraph (3) of this subsection.

    (c) The following are the offenses to which subsection (a) of this 
section applies if the individual was convicted before, on, or after 
September 26, 1961:
        (1) An offense within the purview of--
            (A) section 2272 (violation of specific sections) or 2273 
        (violation of sections generally of chapter 23 of title 42) of 
        title 42 insofar as the offense is committed with intent to 
        injure the United States or with intent to secure an advantage 
        to a foreign nation;
            (B) section 2274 (communication of restricted data), 2275 
        (receipt of restricted data), or 2276 (tampering with restricted 
        data) of title 42; or
            (C) section 783 (conspiracy and communication or receipt of 
        classified information) of title 50 or section 601 of the 
        National Security Act of 1947 (50 U.S.C. 421) (relating to 
        intelligence identities).

        (2) An offense within the purview of a current article of the 
    Uniform Code of Military Justice (chapter 47 of title 10) or an 
    earlier article on which the current article is based, as the case 
    may be, on the basis of charges and specifications describing a 
    violation of a statute named by paragraph (1), (3), or (4) of this 
    subsection, if the executed sentence includes death, dishonorable 
    discharge, or dismissal from the service, or if the defendant dies 
    before execution of that sentence as finally approved.
        (3) Perjury committed under the statutes of the United States or 
    the District of Columbia in falsely denying the commission of an act 
    which constitutes an offense within the purview of a statute named 
    by paragraph (1) of this subsection.
        (4) Subornation of perjury committed in connection with the 
    false denial of another individual as specified by paragraph (3) of 
    this subsection.

    (d)(1) For purposes of subsections (b)(1) and (c)(1), an offense 
within the meaning of such subsections is established if the Attorney 
General of the United States certifies to the agency administering the 
annuity or retired pay concerned--
        (A) that an individual subject to this chapter has been 
    convicted by an impartial court of appropriate jurisdiction within a 
    foreign country in circumstances in which the conduct violates the 
    provisions of law enumerated in subsections (b)(1) and (c)(1), or 
    would violate such provisions had such conduct taken place within 
    the United States, and that such conviction is not being appealed or 
    that final action has been taken on such appeal;
        (B) that such conviction was obtained in accordance with 
    procedures that provided the defendant due process rights comparable 
    to such rights provided by the United States Constitution, and such 
    conviction was based upon evidence which would have been admissible 
    in the courts of the United States; and
        (C) that such conviction occurred after the date of enactment of 
    this subsection.

    (2) Any certification made pursuant to this subsection shall be 
subject to review by the United States Court of Claims based upon the 
application of the individual concerned, or his or her attorney, 
alleging that any of the conditions set forth in subparagraphs \1\ (A), 
(B), or (C) of paragraph (1), as certified by the Attorney General, have 
not been satisfied in his or her particular circumstances. Should the 
court determine that any of these conditions has not been satisfied in 
such case, the court shall order any annuity or retirement benefit to 
which the person concerned is entitled to be restored and shall order 
that any payments which may have been previously denied or withheld to 
be paid by the department or agency concerned.
---------------------------------------------------------------------------
    \1\ So in original. Probably should be ``subparagraph''.
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(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 559; Pub. L. 92-128, Sec. 2(b), 
Sept. 25, 1971, 85 Stat. 348; Pub. L. 99-569, title VI, Sec. 603, Oct. 
27, 1986, 100 Stat. 3204; Pub. L. 103-337, div. A, title VI, 
Sec. 639(a), Oct. 5, 1994, 108 Stat. 2791; Pub. L. 103-359, title VIII, 
Sec. 805, Oct. 14, 1994, 108 Stat. 3441.)

                      Historical and Revision Notes
------------------------------------------------------------------------
                                                    Revised Statutes and
     Derivation                U.S. Code             Statutes at Large
------------------------------------------------------------------------
                     5 U.S.C. 2282.                Sept. 26, 1961, Pub.
                                                    L. 87-299, Sec.  1
                                                    ``Sec. 1'', 75 Stat.
                                                    640.
------------------------------------------------------------------------

    Standard changes are made to conform with the definitions applicable 
and the style of this title as outlined in the preface to the report.

                       References in Text

    Pars. (2), (3) and (4) of subsec. (b) of section 10 of the Atomic 
Energy Act of 1946 (60 Stat. 766, 767), as in effect before August 30, 
1954, referred to in subsec. (b)(1)(D), are covered by sections 2274, 
2275 and 2276, respectively, of Title 42, The Public Health and Welfare.
    Subsecs. (a) and (b) of section 16 of the Atomic Energy Act of 1946 
(60 Stat. 773), as in effect before August 30, 1954, referred to in 
subsec. (b)(1)(E), are covered by sections 2272 and 2273, respectively, 
of Title 42.
    Articles 104, 106, and 106a of the Uniform Code of Military Justice, 
referred to in subsec. (b)(2)(A), are sections 904, 906, and 906a, 
respectively, of Title 10, Armed Forces. The Uniform Code of Military 
Justice, in its entirety, is set out in section 801 et seq. of Title 10.
    The date of enactment of this subsection, referred to in subsec. 
(d)(1)(C), is the date of enactment of Pub. L. 103-359, which was 
approved Oct. 14, 1994.


                               Amendments

    1994--Subsec. (b)(2)(A). Pub. L. 103-337 substituted ``, article 106 
(spies), or article 106a (espionage)'' for ``or article 106 (spies)''.
    Subsec. (d). Pub. L. 103-359 added subsec. (d).
    1986--Subsec. (c)(1)(C). Pub. L. 99-569 inserted provisions relating 
to section 601 of the National Security Act of 1947.
    1971--Subsec. (c)(1)(C). Pub. L. 92-128 struck out ``, 822 
(conspiracy or evasion of apprehension during internal security 
emergency), or 823 (aiding evasion or apprehension during internal 
security emergency)'' after ``classified information)''.


                    Effective Date of 1994 Amendment

    Section 639(b) of Pub. L. 103-337 provided that: ``The amendment 
made by subsection (a) [amending this section] shall take effect on the 
date of the enactment of this Act [Oct. 5, 1994] and shall apply to 
persons convicted of espionage under section 906a of title 10, United 
States Code (article 106a of the Uniform Code of Military Justice), on 
or after the date of the enactment of this Act.''

                  Section Referred to in Other Sections

    This section is referred to in sections 5569, 8311, 8313, 8315, 
8316, 8318, 8320 of this title; title 37 section 559.
