38-U.S.C.-6105
§6105 – Forfeiture For Subversive Activities
Pathway
Title 38 > Part IV > Chapter 61 > Section 6105
Details
- Reference: Section 6105
- Legend: §6105 – Forfeiture For Subversive Activities
- USCode Year: 2013
Provision Content
(a) Any individual who is convicted after September 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, or air service commencing before the date of the commission of such offense and no other person shall be entitled to such benefits 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 pursuant 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 punishment is prescribed in—
(1) sections 894, 904, and 906 of title 10 (articles 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 notify the Secretary in each case in which an individual is convicted of an offense listed in paragraph (1) of subsection (b). The Attorney General 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.)
Amendments
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 paragraph (2), (3), or (4) of subsection (b) for clauses (2), (3), or (4) of subsection (b) of this section and paragraph (1) of subsection (b) for clause (1) of that subsection 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), substituted Secretary for Veterans’ Administration in second sentence.
Pub. L. 102–83, §4(a)(1), substituted administered by the Secretary for administered by the Veterans’ Administration 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 immediately before the enactment of Pub. L. 102–40 by substituting 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 gratuitous 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.
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. 107–296, set out as a note under section 101 of Title 10, Armed Forces.
Effective Date of 1973 Amendment
Amendment by Pub. L. 93–43 effective June 18, 1973, see section 10(a) of Pub. L. 93–43, set out as an Effective Date note under section 2400 of this title.
U.S. Encyclopedia of Law Coverage
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38-U.S.C.-5723 in the Legal Encyclopedia: Benefits
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Subchapter III – Information Security in the Legal Encyclopedia: Administrative Provisions
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