Page:United States Statutes at Large Volume 80 Part 1.djvu/598

 562

PUBLIC LAW 89-554-SEPT. 6, 1966

[80 STAT.

ployee, before a Federal grand jury, court of the United States, courtmartial, or congressional committee, in a proceeding concerning— (1) his past or present relationship with a foreign government; or (2) 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. (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. § 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.

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