§6104 — Title 38 Veterans' Benefits | U.S. Code

Summary

If the Secretary finds someone guilty of mutiny, treason, sabotage, or helping an enemy of the United States or its allies, that person loses all current and future benefits the Secretary manages. The Secretary may choose to give some of those lost benefits to the person's dependents, but no dependent can get more than they would if the person had died. After September 1, 1959, the Secretary cannot make those apportionments or award benefits for any service period that began before the offense.

Title 38, §6104

Veterans' Benefits — Source: USLM XML via OLRC

(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 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, air, or space service commencing before the date of commission of the offense.

Notes & Related Subsidiaries

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’ Administration”. 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 Administrator’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 “September 1, 1959” for “the date of enactment of this subsection”. 1959—Subsec. (c). Pub. L. 86–222 added subsec. (c).

§6104 Forfeiture for treason

Summary

Title 38, §6104

Notes & Related Subsidiaries

Editorial Notes

Amendments

Citations & Metadata