38-U.S.C.-6104

38-U.S.C.-6104

§6104 – Forfeiture For Treason

Pathway

Title 38 > Part IV > Chapter 61 > Section 6104

Details

  • Reference: Section 6104
  • Legend: §6104 – Forfeiture For Treason
  • USCode Year: 2013

Provision Content

(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 Secretarys discretion, may apportion and pay any part of benefits forfeited under subsection (a) to the dependents of the person forfeiting such benefits. No dependent of any person shall receive benefits by reason of this subsection in excess of the amount to which the dependent would be entitled if such person were dead.

(c) In the case of any forfeiture under this section there shall be no authority after September 1, 1959 (1) to make an apportionment award pursuant to subsection (b) or (2) to make an award to any person of gratuitous benefits based on any period of military, naval, or air service 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. 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.)

Amendments

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’ Administration.

Subsec. (b). Pub. L. 102–83, §4(b)(1), (2)(E), substituted Secretary for Administrator and Secretarys for Administrators.

1986—Subsec. (b). Pub. L. 99–576 substituted the Administrators 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 September 1, 1959 for the date of enactment of this subsection.

1959—Subsec. (c). Pub. L. 86–222 added subsec. (c).

U.S. Encyclopedia of Law Coverage

38-U.S.C.-6104 in the Legal Encyclopedia: Veterans

In this entry about 38-U.S.C.-6104, find legal reference material, bibliographies and premiere content related to veterans in the American Encyclopedia of Law, presenting a comprehensive view of the United States veterans-specific issues, written by authorities in the field.

38-U.S.C.-5723 in the Legal Encyclopedia: Benefits

In this entry about 38-U.S.C.-5723, find legal reference material, bibliographies and premiere content related to benefits in the American Encyclopedia of Law, presenting a comprehensive view of the United States benefits-specific issues, written by authorities in the field.

Subchapter III – Information Security in the Legal Encyclopedia: Administrative Provisions

In this entry about Subchapter III – Information Security, find legal reference material, bibliographies and premiere content related to administrative provisions in the American Encyclopedia of Law, presenting a comprehensive view of the United States administrative provisions-specific issues, written by authorities in the field.

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