§5308 — Title 38 Veterans' Benefits | U.S. Code

Summary

If a noncitizen who gets free benefits under laws the Secretary runs is found in land or under the control of an enemy of the United States or its allies, those benefits must stop right away. To get benefits again, the person must file a new claim and give proof that they did not commit mutiny, treason, sabotage, or help the enemy. Benefits will not cover time before the new claim is filed, unless section 5309 allows it. While the person is in enemy territory, the Secretary may choose to give some of the benefits to the person’s dependents. Dependents can get no more than the amount they would receive if the person were dead.

Title 38, §5308

Veterans' Benefits — Source: USLM XML via OLRC

(a)When any alien entitled to gratuitous benefits under laws administered by the Secretary is located in territory of, or under military control 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 filing of a new claim, accompanied by evidence satisfactory to the Secretary showing that such alien was not guilty of mutiny, treason, sabotage, or rendering assistance to such enemy. Except 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 Secretary, in the Secretary’s discretion, may apportion and pay any part of such benefits to the dependents of such alien. No dependent of such alien shall receive benefits by reason of this subsection in excess of the amount to which the dependent would be entitled if such alien were dead.

Notes & Related Subsidiaries

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 “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”. 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 Administrator’s” for “his” in first sentence, and “the dependent” for “he” in second sentence.

§5308 Withholding benefits of persons in territory of the enemy

Summary

Title 38, §5308

Notes & Related Subsidiaries

Editorial Notes

Amendments

Citations & Metadata