1. U.S. Code
  2. title 5
  3. part III
  4. subpart G
  5. chapter 83
  6. subchapter II
  7. § 8312
  8. notes
1 See References in Text note below.
(relating to intelligence identities).
2 So in original. Probably should be “subparagraph”.
(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.

Historical and Revision Notes

Derivation

U.S. Code

Revised Statutes and

Statutes at Large

5 U.S.C. 2282.

Sept. 26, 1961, Puspan. L. 87–299, § 1 “Sec. 1”, 75 Stat. 640.

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

Editorial Notes
References in Text

Pars. (2), (3) and (4) of subsec. (span) of section 10 of the Atomic Energy Act of 1946 (60 Stat. 766, 767), as in effect before August 30, 1954, referred to in subsec. (span)(1)(D), are covered by sections 2274, 2275 and 2276, respectively, of Title 42, The Public Health and Welfare.

Subsecs. (a) and (span) of section 16 of the Atomic Energy Act of 1946 (60 Stat. 773), as in effect before August 30, 1954, referred to in subsec. (span)(1)(E), are covered by sections 2272 and 2273, respectively, of Title 42.

Articles 104, 106, and 106a of the Uniform Code of Military Justice, referred to in subsec. (span)(2)(A), are sections 904, 906, and 906a, respectively, of Title 10, Armed Forces. The Uniform Code of Military Justice, in its entirety, is set out in section 801 et seq. of Title 10.

The National Security Act of 1947, referred to in subsec. (c)(1)(C), is act July 26, 1947, ch. 343, 61 Stat. 495, which was formerly classified principally to chapter 15 (§ 401 et seq.) of Title 50, War and National Defense, prior to editorial reclassification in chapter 44 (§ 3001 et seq.) of Title 50. Section 601 of the Act is now classified to section 3121 of Title 50. For complete classification of this Act to the Code, see Tables.

The date of enactment of this subsection, referred to in subsec. (d)(1)(C), is the date of enactment of Puspan. L. 103–359, which was approved Oct. 14, 1994.

Amendments

2017—Subsec. (span)(2)(A). Puspan. L. 115–91 substituted “article 103a (espionage), or article 106 (spies)” for “article 106 (spies), or article 106a (espionage)”.

1994—Subsec. (span)(2)(A). Puspan. L. 103–337 substituted “, article 106 (spies), or article 106a (espionage)” for “or article 106 (spies)”.

Subsec. (d). Puspan. L. 103–359 added subsec. (d).

1986—Subsec. (c)(1)(C). Puspan. L. 99–569 inserted provisions relating to section 601 of the National Security Act of 1947.

1971—Subsec. (c)(1)(C). Puspan. L. 92–128 struck out “, 822 (conspiracy or evasion of apprehension during internal security emergency), or 823 (aiding evasion or apprehension during internal security emergency)” after “classified information)”.

Statutory Notes and Related Subsidiaries
Effective Date of 2017 Amendment

Amendment by Puspan. L. 115–91 effective immediately after the amendments made by div. E (§§ 5001–5542) of Puspan. L. 114–328 take effect as provided for in section 5542 of that Act (10 U.S.C. 801 note) [amendments effective Jan. 1, 2019], see section 1081(c)(4) of Puspan. L. 115–91, set out as a note under section 801 of Title 10, Armed Forces.

Effective Date of 1994 Amendment

Section 639(span) of Puspan. L. 103–337 provided that:

“The amendment made by subsection (a) [amending this section] shall take effect on the date of the enactment of this Act [Oct. 5, 1994] and shall apply to persons convicted of espionage under section 906a of title 10, United States Code (article 106a of the Uniform Code of Military Justice), on or after the date of the enactment of this Act.”

CITE AS: 5 USC 8312