https://www.law.cornell.

edu/uscode/text/5/8312

5 U.S. Code § 8312 - Conviction of certain offenses

• U.S. Code
• Notes

(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 before 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 103a (espionage), or article 106 (spies) 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) [1] (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 [2] (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.

(Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 559; Pub. L. 92–128, § 2(b), Sept. 25, 1971, 85 Stat.
348; Pub. L. 99–569, title VI, § 603, Oct. 27, 1986, 100 Stat. 3204; Pub. L. 103–337, div. A, title
VI, § 639(a), Oct. 5, 1994, 108 Stat. 2791; Pub. L. 103–359, title VIII, § 805, Oct. 14, 1994, 108
Stat. 3441; Pub. L. 115–91, div. A, title X, § 1081(c)(3), Dec. 12, 2017, 131 Stat. 1599.)