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Title 38, Veterans' BenefitsRelease 119-102

§5308 Withholding Benefits of Persons in Territory of the Enemy

Title 38 › PART IV — GENERAL ADMINISTRATIVE PROVISIONS › CHAPTER 53 — SPECIAL PROVISIONS RELATING TO BENEFITS › § 5308

Last updated Aug 21, 2026|Official source

Summary

If an alien who gets free benefits is in enemy territory or under enemy military control, the Secretary must stop those benefits right away. The person can only get benefits again by filing a new claim and proving to the Secretary they did not commit mutiny, treason, sabotage, or help the enemy. No payments are due for any time before the new claim is filed (except as provided in section 5309). While the person is in enemy territory, the Secretary may choose to pay part of the benefits to the person’s dependents, but no dependent can get more than they would if the person were dead.

Full Legal Text

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.

Legislative History

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.

Reference

Citations & Metadata

Citation

38 U.S.C. § 5308

Title 38, Veterans' Benefits

Last Updated

Aug 21, 2026

Release point: 119-102