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Title 38, Veterans' BenefitsRelease 119-102

§6104 Forfeiture for Treason

Title 38 › PART IV — GENERAL ADMINISTRATIVE PROVISIONS › CHAPTER 61 — PENAL AND FORFEITURE PROVISIONS › § 6104

Last updated Aug 21, 2026|Official source

Summary

If the Secretary finds, based on evidence, that someone committed mutiny, treason, sabotage, or helped an enemy of the U.S. or its allies, that person loses all current and future benefits the Secretary manages. The Secretary may give some of those lost benefits to the person’s dependents, but no dependent may get more than they would if the person were dead. After September 1, 1959, no apportionments or awards can be made for service that began before the offense.

Full Legal Text

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.

Legislative History

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).

Reference

Citations & Metadata

Citation

38 U.S.C. § 6104

Title 38, Veterans' Benefits

Last Updated

Aug 21, 2026

Release point: 119-102