38 U.S.C. § 5308 — Withholding benefits of persons in terri-

Page 1063 TITLE 38—VETERANS’ BENEFITS § 5309 (Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1231, § 3106; Pub. L. 99–576, title VII, § 701(73), Oct. 28, 1986, 100 Stat. 3297; renumbered § 5306, Pub. L. 102–40, title IV, § 402(b)(1), May 7, 1991, 105 Stat. 238; Pub. L. 102–83, § 4(a)(1), Aug. 6, 1991, 105 Stat. 403; Pub. L. 103–446, title V, § 503, Nov. 2, 1994, 108 Stat. 4663.) Editorial Notes AMENDMENTS 1994—Subsec. (c). Pub. L. 103–446 added subsec. (c). 1991—Pub. L. 102–40 renumbered section 3106 of this title as this section. Subsec. (a). Pub. L. 102–83 substituted ‘‘administered by the Secretary’’ for ‘‘administered by the Veterans’ Administration’’. 1986—Subsec. (a). Pub. L. 99–576 substituted ‘‘the’’ for ‘‘his’’ before ‘‘right’’ in first sentence. § 5307. Apportionment of benefits (a) All or any part of the compensation, pen- sion, or emergency officers’ retirement pay pay- able on account of any veteran may— (1) if the veteran is being furnished hospital treatment, institutional, or domiciliary care by the United States, or any political subdivi- sion thereof, be apportioned on behalf of the veteran’s spouse, children, or dependent par- ents; and (2) if the veteran is not living with the vet- eran’s spouse, or if the veteran’s children are not in the custody of the veteran, be appor- tioned as may be prescribed by the Secretary. (b) Where any of the children of a deceased veteran are not in the custody of the veteran’s surviving spouse, the pension, compensation, or dependency and indemnity compensation other- wise payable to the surviving spouse may be ap- portioned as prescribed by the Secretary. (c) If a veteran is not living with the veteran’s spouse, or if any of the veteran’s children are not in the custody of the veteran, any subsist- ence allowance payable to the veteran under chapter 31 of this title or that portion of the educational assistance allowance payable on ac- count of dependents under chapter 34 of this title may be apportioned as may be prescribed by the Secretary. (Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1231, § 3107; Pub. L. 92–540, title V, § 505, Oct. 24, 1972, 86 Stat. 1099; Pub. L. 98–160, title VII, § 703(2), Nov. 21, 1983, 97 Stat. 1010; renumbered § 5307, Pub. L. 102–40, title IV, § 402(b)(1), May 7, 1991, 105 Stat. 238; Pub. L. 102–83, § 4(b)(1), (2)(E), Aug. 6, 1991, 105 Stat. 404, 405.) Editorial Notes AMENDMENTS 1991—Pub. L. 102–40 renumbered section 3107 of this title as this section. Subsecs. (a)(2), (b), (c). Pub. L. 102–83 substituted ‘‘Secretary’’ for ‘‘Administrator’’. 1983—Subsec. (a)(1). Pub. L. 98–160, § 703(2)(A), sub- stituted ‘‘the veteran’s spouse’’ for ‘‘his wife’’. Subsec. (a)(2). Pub. L. 98–160, § 703(2)(A)–(C), sub- stituted ‘‘the veteran’s spouse’’ for ‘‘his wife’’, ‘‘the veteran’s children’’ for ‘‘his children’’, and ‘‘the cus- tody of the veteran’’ for ‘‘his custody’’. Subsec. (b). Pub. L. 98–160, § 703(2)(D), substituted ‘‘surviving spouse’’ for ‘‘widow’’ in two places. Subsec. (c). Pub. L. 98–160, § 703(2)(A)–(C), (E), sub- stituted ‘‘the veteran’s spouse’’ for ‘‘his wife’’, ‘‘the veteran’s children’’ for ‘‘his children’’, ‘‘the custody of the veteran’’ for ‘‘his custody’’, and ‘‘payable to the veteran’’ for ‘‘payable to him’’. 1972—Subsec. (c). Pub. L. 92–540 inserted provisions relating to that portion of the educational assistance allowance payable on account of dependents under chapter 34 of this title. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1972 AMENDMENT Amendment by Pub. L. 92–540 effective 90 days after Oct. 24, 1972, see section 601(b) of Pub. L. 92–540, set out as a note under section 4101 of this title. § 5308. Withholding benefits of persons in terri- tory of the enemy (a) When any alien entitled to gratuitous ben- efits under laws administered by the Secretary is located in territory of, or under military con- trol of, an enemy of the United States or of any of its allies, any award of such benefits in favor of such alien shall be terminated forthwith. (b) Any alien whose award is terminated under subsection (a) shall not thereafter be entitled to any such gratuitous benefits except upon the fil- ing of a new claim, accompanied by evidence satisfactory to the Secretary showing that such alien was not guilty of mutiny, treason, sabo- tage, or rendering assistance to such enemy. Ex- cept as provided in section 5309 of this title, such gratuitous benefits shall not be paid for any period before the date the new claim is filed. (c) While such alien is located in territory of, or under military control of, an enemy of the United States or of any of its allies, the Sec- retary, in the Secretary’s discretion, may appor- tion and pay any part of such benefits to the de- pendents of such alien. No dependent of such alien shall receive benefits by reason of this sub- section in excess of the amount to which the de- pendent would be entitled if such alien were dead. (Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1231, § 3108; Pub. L. 99–576, title VII, § 701(74), Oct. 28, 1986, 100 Stat. 3297; renumbered § 5308 and amended Pub. L. 102–40, title IV, § 402(b)(1), (d)(1), May 7, 1991, 105 Stat. 238, 239; Pub. L. 102–83, § 4(a)(1), (b)(1), (2)(E), Aug. 6, 1991, 105 Stat. 403–405.) Editorial Notes AMENDMENTS 1991—Pub. L. 102–40, § 402(b)(1), renumbered section 3108 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’’. Subsec. (b). Pub. L. 102–83, § 4(b)(1), (2)(E), substituted ‘‘Secretary’’ for ‘‘Administrator’’. Pub. L. 102–40, § 402(d)(1), substituted ‘‘5309’’ for ‘‘3109’’. Subsec. (c). Pub. L. 102–83, § 4(b)(1), (2)(E), substituted ‘‘Secretary’’ for ‘‘Administrator’’ and ‘‘Secretary’s’’ for ‘‘Administrator’s’’. 1986—Subsec. (c). Pub. L. 99–576 substituted ‘‘the Ad- ministrator’s’’ for ‘‘his’’ in first sentence, and ‘‘the de- pendent’’ for ‘‘he’’ in second sentence. § 5309. Payment of certain withheld benefits (a) Any person who, but for section 5308 of this title, was entitled to benefits under any of the laws administered by the Secretary, whose