38 U.S.C. § 6104 — Forfeiture for treason

Page 1107 TITLE 38—VETERANS’ BENEFITS § 6104 pated in the fraud for which forfeiture was im- posed shall receive any payment by reason of this subsection. An apportionment award under this subsection may not be made in any case after September 1, 1959. (c) Forfeiture of benefits by a veteran shall not prohibit payment of the burial allowance, death compensation, dependency and indemnity compensation, or death pension in the event of the veteran’s death. (d)(1) After September 1, 1959, no forfeiture of benefits may be imposed under this section or section 6104 of this title upon any individual who was a resident of, or domiciled in, a State at the time the act or acts occurred on account of which benefits would, but not for this sub- section, be forfeited unless such individual ceases to be a resident of, or domiciled in, a State before the expiration of the period during which criminal prosecution could be instituted. This subsection shall not apply with respect to (A) any forfeiture occurring before September 1, 1959, or (B) an act or acts which occurred in the Philippine Islands before July 4, 1946. (2) The Secretary is hereby authorized and di- rected to review all cases in which, because of a false or fraudulent affidavit, declaration, certifi- cate, statement, voucher, or paper, a forfeiture of gratuitous benefits under laws administered by the Secretary was imposed, pursuant to this section or prior provisions of law, on or before September 1, 1959. In any such case in which the Secretary determines that the forfeiture would not have been imposed under the provisions of this section in effect after September 1, 1959, the Secretary shall remit the forfeiture, effective June 30, 1972. Benefits to which the individual concerned becomes eligible by virtue of any such remission may be awarded, upon application therefor, and the effective date of any award of compensation, dependency and indemnity com- pensation, or pension made in such a case shall be fixed in accordance with the provisions of section 5110(g) of this title. (Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1240, § 3503; Pub. L. 86–222, § 1, Sept. 1, 1959, 73 Stat. 452; Pub. L. 91–24, § 13(a), June 11, 1969, 83 Stat. 34; Pub. L. 92–328, title II, § 206, June 30, 1972, 86 Stat. 397; Pub. L. 98–160, title VII, § 703(6), Nov. 21, 1983, 97 Stat. 1011; Pub. L. 99–576, title VII, § 701(83), Oct. 28, 1986, 100 Stat. 3298; renumbered § 6103 and amended Pub. L. 102–40, title IV, § 402(b)(1), (d)(1), May 7, 1991, 105 Stat. 238, 239; Pub. L. 102–54, § 14(d)(8), June 13, 1991, 105 Stat. 286; Pub. L. 102–83, § 4(a)(1), (b)(1), (2)(E), Aug. 6, 1991, 105 Stat. 403–405; Pub. L. 103–446, title XII, § 1201(e)(18), (f)(5), Nov. 2, 1994, 108 Stat. 4686, 4687.) Editorial Notes AMENDMENTS 1994—Subsec. (d)(1). Pub. L. 103–446, § 1201(e)(18), in second sentence substituted ‘‘(A) any’’ for ‘‘(a) any’’, ‘‘(B) an act’’ for ‘‘(b) an act’’, and ‘‘before July 4, 1946’’ for ‘‘prior to July 4, 1946’’. Subsec. (d)(2). Pub. L. 103–446, § 1201(f)(5), substituted ‘‘June 30, 1972’’ for ‘‘the date of enactment of this amendatory Act’’. 1991—Pub. L. 102–40, § 402(b)(1), renumbered section 3503 of this title as this section. Subsec. (a). Pub. L. 102–83, § 4(a)(1), substituted ‘‘ad- ministered by the Secretary’’ for ‘‘administered by the Veterans’ Administration’’ in two places. Subsec. (b). Pub. L. 102–54, § 14(d)(8)(A), amended sub- sec. (b) as in effect immediately before the enactment of Pub. L. 102–40 by inserting at end ‘‘An apportionment award under this subsection may not be made in any case after September 1, 1959.’’ Subsec. (d)(1). Pub. L. 102–40, § 402(d)(1), substituted ‘‘6104’’ for ‘‘3504’’. Subsec. (d)(2). Pub. L. 102–83, § 4(b)(1), (2)(E), sub- stituted ‘‘Secretary’’ for ‘‘Administrator’’ in three places. Pub. L. 102–83, § 4(a)(1), substituted ‘‘administered by the Secretary’’ for ‘‘administered by the Veterans’ Ad- ministration’’. Pub. L. 102–40, § 402(d)(1), substituted ‘‘5110(g)’’ for ‘‘3010(g)’’. Subsec. (e). Pub. L. 102–54, § 14(d)(8)(B), amended sec- tion as in effect immediately before the enactment of Pub. L. 102–40 by striking out subsec. (e) which read as follows: ‘‘No apportionment award under subsection (b) of this section shall be made in any case after the date of enactment of this subsection.’’ 1986—Subsec. (c). Pub. L. 99–576, § 701(83)(A), sub- stituted ‘‘the veteran’s’’ for ‘‘his’’. Subsec. (d)(2). Pub. L. 99–576, § 701(83)(B), substituted ‘‘the Administrator’’ for ‘‘he’’ in two places in second sentence. 1983—Subsec. (b). Pub. L. 98–160 substituted ‘‘the right’’ for ‘‘his right’’, ‘‘the veteran’s spouse’’ for ‘‘his wife’’, and ‘‘spouse’’ for ‘‘wife’’ in two places. 1972—Subsec. (d). Pub. L. 92–328 designated existing provisions as par. (1) and added par. (2). 1969—Subsec. (d). Pub. L. 91–24 substituted ‘‘Sep- tember 1, 1959’’ for ‘‘the date of enactment of this sub- section’’ wherever appearing. 1959—Subsecs. (d) and (e). Pub. L. 86–222 added sub- secs. (d) and (e). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1972 AMENDMENT Amendment by Pub. L. 92–328 effective June 30, 1972, see section 301(c) of Pub. L. 92–328, set out as a note under section 3713 of this title. § 6104. Forfeiture for treason (a) Any person shown by evidence satisfactory to the Secretary to be guilty of mutiny, treason, sabotage, or rendering assistance to an enemy of the United States or of its allies shall forfeit all accrued or future gratuitous benefits under laws administered by the Secretary. (b) The Secretary, in the Secretary’s discre- tion, may apportion and pay any part of benefits forfeited under subsection (a) to the dependents of the person forfeiting such benefits. No de- pendent of any person shall receive benefits by reason of this subsection in excess of the amount to which the dependent would be enti- tled if such person were dead. (c) In the case of any forfeiture under this sec- tion there shall be no authority after September 1, 1959 (1) to make an apportionment award pur- suant to subsection (b) or (2) to make an award to any person of gratuitous benefits based on any period of military, naval, air, or space serv- ice commencing before the date of commission of the offense. (Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1240, § 3504; Pub. L. 86–222, § 2, Sept. 1, 1959, 73 Stat. 452; Pub. L. 91–24, § 13(b), June 11, 1969, 83 Stat. 34; Pub. L. 97–295, § 4(78), Oct. 12, 1982, 96 Stat. 1311; Pub. L. 99–576, title VII, § 701(84), Oct. 28, 1986, 100 Stat. Page 1108 TITLE 38—VETERANS’ BENEFITS § 6105 3298; renumbered § 6104, Pub. L. 102–40, title IV, § 402(b)(1), May 7, 1991, 105 Stat. 238; Pub. L. 102–83, § 4(a)(1), (b)(1), (2)(E), Aug. 6, 1991, 105 Stat. 403–405; Pub. L. 116–283, div. A, title IX, § 926(a)(56), Jan. 1, 2021, 134 Stat. 3830.) Editorial Notes AMENDMENTS 2021—Subsec. (c). Pub. L. 116–283 substituted ‘‘air, or space service’’ for ‘‘or air service’’. 1991—Pub. L. 102–40 renumbered section 3504 of this title as this section. Subsec. (a). Pub. L. 102–83, § 4(b)(1), (2)(E), substituted ‘‘Secretary’’ for ‘‘Administrator’’. Pub. L. 102–83, § 4(a)(1), substituted ‘‘administered by the Secretary’’ for ‘‘administered by the Veterans’ Ad- ministration’’. Subsec. (b). Pub. L. 102–83, § 4(b)(1), (2)(E), substituted ‘‘Secretary’’ for ‘‘Administrator’’ and ‘‘Secretary’s’’ for ‘‘Administrator’s’’. 1986—Subsec. (b). Pub. L. 99–576 substituted ‘‘the Ad- ministrator’s’’ for ‘‘his’’ and ‘‘the dependent’’ for ‘‘he’’. 1982—Subsec. (a). Pub. L. 97–295 inserted ‘‘to’’ before ‘‘be guilty’’. 1969—Subsec. (c). Pub. L. 91–24 substituted ‘‘Sep- tember 1, 1959’’ for ‘‘the date of enactment of this sub- section’’. 1959—Subsec. (c). Pub. L. 86–222 added subsec. (c). § 6105. Forfeiture for subversive activities (a) Any individual who is convicted after Sep- tember 1, 1959, of any offense listed in subsection (b) of this section shall, from and after the date of commission of such offense, have no right to gratuitous benefits (including the right to burial in a national cemetery) under laws administered by the Secretary based on periods of military, naval, air, or space service commencing before the date of the commission of such offense and no other person shall be entitled to such bene- fits on account of such individual. After receipt of notice of the return of an indictment for such an offense the Secretary shall suspend payment of such gratuitous benefits pending disposition of the criminal proceedings. If any individual whose right to benefits has been terminated pur- suant to this section is granted a pardon of the offense by the President of the United States, the right to such benefits shall be restored as of the date of such pardon. (b) The offenses referred to in subsection (a) of this section are those offenses for which punish- ment is prescribed in— (1) sections 894, 904, and 906 of title 10 (arti- cles 94, 104, and 106 of the Uniform Code of Military Justice); (2) sections 175, 229, 792, 793, 794, 798, 831, 1091, 2332a, 2332b, 2381, 2382, 2383, 2384, 2385, 2387, 2388, 2389, 2390, and chapter 105 of title 18; (3) sections 222, 223, 224, 225, and 226 of the Atomic Energy Act of 1954 (42 U.S.C. 2272, 2273, 2274, 2275, and 2276); and (4) section 4 of the Internal Security Act of 1950 (50 U.S.C. 783). (c) The Secretary of Defense or the Secretary of Homeland Security, as appropriate, shall no- tify the Secretary in each case in which an indi- vidual is convicted of an offense listed in para- graph (1) of subsection (b). The Attorney Gen- eral shall notify the Secretary in each case in which an individual is indicted or convicted of an offense listed in paragraph (2), (3), or (4) of subsection (b). (Added Pub. L. 86–222, § 3(a), Sept. 1, 1959, 73 Stat. 453, § 3505; amended Pub. L. 92–128, § 2(c), Sept. 25, 1971, 85 Stat. 348; Pub. L. 93–43, § 8, June 18, 1973, 87 Stat. 88; Pub. L. 97–295, § 4(79), Oct. 12, 1982, 96 Stat. 1311; renumbered § 6105, Pub. L. 102–40, title IV, § 402(b)(1), May 7, 1991, 105 Stat. 238; Pub. L. 102–54, § 14(d)(9), June 13, 1991, 105 Stat. 287; Pub. L. 102–83, § 4(a)(1), (2)(A)(xiv), (b)(1), (2)(E), Aug. 6, 1991, 105 Stat. 403–405; Pub. L. 103–446, title XII, § 1201(e)(19), Nov. 2, 1994, 108 Stat. 4686; Pub. L. 107–296, title XVII, § 1704(d), Nov. 25, 2002, 116 Stat. 2315; Pub. L. 108–183, title VII, § 705(a), Dec. 16, 2003, 117 Stat. 2672; Pub. L. 116–283, div. A, title IX, § 926(a)(57), Jan. 1, 2021, 134 Stat. 3830.) Editorial Notes AMENDMENTS 2021—Subsec. (a). Pub. L. 116–283 substituted ‘‘air, or space service’’ for ‘‘or air service’’. 2003—Subsec. (b)(2). Pub. L. 108–183 inserted ‘‘175, 229,’’ after ‘‘sections’’ and ‘‘831, 1091, 2332a, 2332b,’’ after ‘‘798,’’. 2002—Subsec. (c). Pub. L. 107–296 substituted ‘‘of Homeland Security’’ for ‘‘of Transportation’’. 1994—Subsec. (c). Pub. L. 103–446 substituted ‘‘para- graph (2), (3), or (4) of subsection (b)’’ for ‘‘clauses (2), (3), or (4) of subsection (b) of this section’’ and ‘‘para- graph (1) of subsection (b)’’ for ‘‘clause (1) of that sub- section’’ and transposed the first and second sentences. 1991—Pub. L. 102–40 renumbered section 3505 of this title as this section. Subsec. (a). Pub. L. 102–83, § 4(a)(2)(A)(xiv), sub- stituted ‘‘Secretary’’ for ‘‘Veterans’ Administration’’ in second sentence. Pub. L. 102–83, § 4(a)(1), substituted ‘‘administered by the Secretary’’ for ‘‘administered by the Veterans’ Ad- ministration’’ in first sentence. Subsec. (c). Pub. L. 102–83, § 4(b)(1), (2)(E), substituted ‘‘Secretary’’ for ‘‘Administrator’’ in two places. Pub. L. 102–54 amended subsec. (c) as in effect imme- diately before the enactment of Pub. L. 102–40 by sub- stituting ‘‘clauses (2),’’ for ‘‘clauses (1),’’, ‘‘Secretary of Transportation, as’’ for ‘‘Secretary of the Treasury, as may be’’, and ‘‘clause (1) of that subsection’’ for ‘‘clause (2) of subsection (b) of this section’’. 1982—Subsec. (a). Pub. L. 97–295, § 4(79)(A), substituted ‘‘September 1, 1959,’’ for ‘‘the date of enactment of this section’’. Subsec. (b). Pub. L. 97–295, § 4(79)(B), substituted pars. (1), (2), and (3) for cls. (2), (1), and (3), respectively, and inserted citations to the United States Code. 1973—Subsec. (a). Pub. L. 93–43 inserted ‘‘(including the right to burial in a national cemetery)’’ after ‘‘gra- tuitous benefits’’ in first sentence. 1971—Subsec. (b)(4). Pub. L. 92–128 substituted ‘‘in section 4 of the Internal Security Act of 1950’’ for ‘‘in the following sections of the Internal Security Act of 1950; sections 4, 112, and 113’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2003 AMENDMENT Pub. L. 108–183, title VII, § 705(b), Dec. 16, 2003, 117 Stat. 2672, provided that: ‘‘The amendments made by subsection (a) [amending this section] shall apply to claims filed after the date of the enactment of this Act [Dec. 16, 2003].’’ EFFECTIVE DATE OF 2002 AMENDMENT Amendment by Pub. L. 107–296 effective on the date of transfer of the Coast Guard to the Department of Homeland Security, see section 1704(g) of Pub. L.