---
kind: "section"
citation: "5 U.S.C. § 8315"
title: "5"
title_heading: "Government Organization and Employees"
number: "8315"
heading: "Falsifying employment applications"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/5/8315"
units:
  - "Part III — Employees"
  - "Subpart G — Insurance and Annuities"
  - "Chapter 83 — Retirement"
  - "Subchapter II — Forfeiture of Annuities and Retired Pay"
---

# §8315. Falsifying employment applications

- (a) An individual, or his [survivor](/usc/5/8401.md?p=28) or beneficiary, may not be paid [annuity](/usc/5/8311.md?p=2) or [retired pay](/usc/5/8311.md?p=3) on the basis of the [service](/usc/5/8401.md?p=26) of the individual which is creditable toward the [annuity](/usc/5/8311.md?p=2) or [retired pay](/usc/5/8311.md?p=3), subject to the exceptions in [section 8311(2)](/usc/5/8311.md?p=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](/usc/5/7103.md?p=a-18), or other organization, party, or group advocating—
      - (i) the overthrow, by force, violence, or other unconstitutional means, of the [Government](/usc/5/4101.md?p=3) of the [United States](/usc/5/7103.md?p=a-18);
      - (ii) the establishment, by force, violence, or other unconstitutional means, of a Communist totalitarian dictatorship in the [United States](/usc/5/7103.md?p=a-18); or
      - (iii) the right to strike against the [United States](/usc/5/7103.md?p=a-18);
    - (B) conviction of an offense named by subsection (b) of [section 8312 of this title](/usc/5/8312.md), 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](/usc/5/8314.md); 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](/usc/5/8312.md), 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](/usc/5/5402.md?p=3) or [position](/usc/5/5102.md?p=a-3) in or under the legislative, executive, or judicial branch of the [Government](/usc/5/4101.md?p=3) of the [United States](/usc/5/7103.md?p=a-18) or the [government](/usc/5/4101.md?p=3) of the District of Columbia.

- (b) The prohibition on the payment of [annuity](/usc/5/8311.md?p=2) or [retired pay](/usc/5/8311.md?p=3) applies—
  - (1) with respect to matters specified by [subsection (a)(1)](#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)](#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.

## Source credit

(Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 562.)

## Notes

| Historical and Revision Notes |  |  |
| --- | --- | --- |
| Derivation | U.S. Code | Revised Statutes and<br>Statutes at Large |
|  | 5 U.S.C. 2283(b), (c). | Sept. 26, 1961, Pub. L. 87–299, § 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.