Page:United States Statutes at Large Volume 75.djvu/683

 75

STAT.]

PUBLIC LAW 87-299-SEPT. 26, 1961

643

lence, or other unconstitutional means, of a Communist totalitarian dictatorship in the United States, or (C) the right to strike against the Government of the United States, "(2) conviction, under any article or provision of law specified or described in subsection (a) of the first section of this Act, of any oifense within the purview of such subsection (a) to the extent provided in such subsection, or "(3) failure or refusal to appear, and testify, or produce any book, paper, record, or other document, as specified in subsection (a) of this section, for any period subsequent to September 1, 1954, or subsequent to the date on which any such statement, representation, or concealment of fact is made or occurs, whichever date is later, in any document executed by such person 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 tjhie Government of the United States or the government of the District of Columbia, or to the survivor or beneficiary of such person, any annuity or retired pay on the basis of the service of such person (subject to the exceptions contained in section 10(2) and (3) of this Act) which is creditable toward such annuity or retired pay. "(c) There shall not be paid to any person who, prior to, on, or after the date of enactment of this amendment, knowingly and willfully, has made or makes any false, fictitious, or fraudulent statement or representation, or who, prior to, on, or after such date, knowingly and willfully, has concealed or conceals any material fact, with respect to his conviction, under any article or provision of law specified or described in subsection (b) of the first section of this Act, of any offense within the purview of such subsection (b) to the extent provided in such subsection, for any period subsequent to the date of enactment of this amendment or subsequent to the date on which any such statement, representation, or concealment of fact is made or occurs, whichever date is later, in any document executed by such person 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, or to the survivor or beneficiary of such person, any annuity or retired pay on the basis of the service of such person (subject to the exceptions contained in section 10(2) and (3) of this Act) which is creditable toward such annuity or retired pay. "SEC. 3. There shall not be paid to any person— wn^fuY'avoid"(1) who (A) after July 31, 1956, is under indictment, or has ance of prosecuoutstanding against him charges preferred under the Uniform " ° " ' Code of Military Justice, for any offense within the purview of subsection (a) of the first section of this Act, or (B) after the date of enactment of this amendment, is under indictment, or has outstanding against him charges preferred under the Uniform Code of Military Justice, for any offense within the purview of subsection (b) of such first section, and "(2) who willfully remains outside the United States, its Territories and possessions, and the Commonwealth of Puerto Eico for a period in excess of one year with knowledge of such indictment or charges, as the case may be, for any period subsequent to the end of such one-year period, or to the survivor or beneficiary of such person, any annuity 6r retired pay on the basis of the service of such person (subject to the exceptions

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