
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: 5USC8315]

 
             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. 8315. Falsifying employment applications

    (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 
knowingly and willfully made or makes a false, fictitious, or fraudulent 
statement or representation, 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, affiliation 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 Government 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 subsection (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 document, 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 connection 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 subsection (a)(1) of 
    this section, to the period after the statement, representation, or 
    concealment of fact is made or occurs, or after September 1, 1954, 
    whichever is later; and
        (2) with respect to matters specified by subsection (a)(2) of 
    this section, to the period after the statement, representation, or 
    concealment 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
------------------------------------------------------------------------
                                                    Revised Statutes and
     Derivation                U.S. Code             Statutes at Large
------------------------------------------------------------------------
                     5 U.S.C. 2283(b), (c).        Sept. 26, 1961, Pub.
                                                    L. 87-299, Sec.  1
                                                    ``Sec. 2(b), (c)'',
                                                    75 Stat. 642.
------------------------------------------------------------------------

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

                  Section Referred to in Other Sections

    This section is referred to in sections 8311, 8316, 8318, 8320 of 
this title.
