§ 5308. Withholding benefits of persons in territory of the enemy

Statutory text

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.

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.

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

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1958
Pub. L. 85–857 · 72 Stat. 1105
Enacted · 38 U.S.C. § 5308
Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1231, § 3108
Source evidence
Code source credit
Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1231, § 3108
1986
Pub. L. 99–576 title VII § 701(74) · 100 Stat. 3248
1. Substituted · 38 U.S.C. § 5308(c)
  Pub. L. 99–576 substituted “the Administrator’s” for “his” in second sentence
2. Substituted · 38 U.S.C. § 5308(c)
  Pub. L. 99–576 substituted “the dependent” for “he” in second sentence
Source evidence
Code amendment note
Subsec. (c). Pub. L. 99–576 substituted “the Administrator’s” for “his” in first sentence, and “the dependent” for “he” in second sentence.
Enacted provision · exact public law section
(74) Section 3108(c) is amended— (A) by striking out “his” and inserting in lieu thereof “the Administrator’s”; and (B) by striking out “he” and inserting in lieu thereof “the dependent”.
1991
Department of Veterans Affairs Health-Care Personnel Act of 1991
Pub. L. 102–40 § 402(b)(1) · 105 Stat. 187
Changed · 38 U.S.C. § 5308
Pub. L. 102–40, § 402(b)(1), renumbered section 3108 of this title as this section
Source evidence
Code amendment note
Pub. L. 102–40, § 402(b)(1), renumbered section 3108 of this title as this section.
Enacted provision · exact public law section
(1) Each section contained in any of chapters 51, 53, 55, 57, 59, 61, 71, 72, 76, 78 (as redesignated by subsection (a)), 81, 83, and 85 is redesignated so that the first two digits of the section number of that section are the same as the chapter number of the chapter containing that section.
1991
Department of Veterans Affairs Health-Care Personnel Act of 1991
Pub. L. 102–40 § 402(d)(1) · 105 Stat. 187
Substituted · 38 U.S.C. § 5308(b)
Pub. L. 102–40, § 402(d)(1), substituted “5309” for “3109”
Target inherited from the preceding amendment note.
Source evidence
Code amendment note
Pub. L. 102–40, § 402(d)(1), substituted “5309” for “3109”.
Enacted provision · exact public law section
(1) Each provision of title 38, United States Code, that contains a reference to a section redesignated by section 401(a)(4) or by subsection (b) is amended so that the reference refers to the section as redesignated.
1991
Pub. L. 102–83 § 4(a)(1) · 105 Stat. 378
Substituted · 38 U.S.C. § 5308(a)
Pub. L. 102–83, § 4(a)(1), substituted “administered by the Secretary” for “administered by the Veterans’ Administration”
Source evidence
Code amendment note
Subsec. (a). Pub. L. 102–83, § 4(a)(1), substituted “administered by the Secretary” for “administered by the Veterans’ Administration”.
Enacted provision · exact public law section
(1) Title 38 is amended by striking out “administered by the Veterans’ Administration” each place it appears and inserting in lieu thereof “administered by the Secretary”.
1991
Pub. L. 102–83 § 4(b)(1) · 105 Stat. 378
Substituted · 38 U.S.C. § 5308(b)
Pub. L. 102–83, § 4(b)(1), (2)(E), substituted “Secretary” for “Administrator”
Source evidence
Code amendment note
Subsec. (b). Pub. L. 102–83, § 4(b)(1), (2)(E), substituted “Secretary” for “Administrator”.
Enacted provision · exact public law section
(1) Title 38 is further amended by striking out “Administrator” and “Administrator’s” each place they appear (except as provided in paragraphs (2) and (9) and including where they appear in section headings and tables of sections) and inserting in lieu thereof “Secretary” and “Secretary’s”, respectively.
1991
Pub. L. 102–83 § 4(b)(1) · 105 Stat. 378
1. Substituted · 38 U.S.C. § 5308(c)
  Pub. L. 102–83, § 4(b)(1), (2)(E), substituted “Secretary” for “Administrator”
2. Substituted · 38 U.S.C. § 5308(c)
  Pub. L. 102–83, § 4(b)(1), (2)(E), substituted “Secretary’s” for “Administrator’s”
Source evidence
Code amendment note
Subsec. (c). Pub. L. 102–83, § 4(b)(1), (2)(E), substituted “Secretary” for “Administrator” and “Secretary’s” for “Administrator’s”.
Enacted provision · exact public law section
(1) Title 38 is further amended by striking out “Administrator” and “Administrator’s” each place they appear (except as provided in paragraphs (2) and (9) and including where they appear in section headings and tables of sections) and inserting in lieu thereof “Secretary” and “Secretary’s”, respectively.

8 of 9 references resolved to an enrolled provision · 1 partial

Editorial Notes

Amendments1986–1991 · 2 rounds

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.

Credits

1958–1991 · 4 acts

1958Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1231, § 3108
1986Pub. L. 99–576, title VII, § 701(74), Oct. 28, 1986, 100 Stat. 3297
1991renumbered § 5308 and amended Pub. L. 102–40, title IV, § 402(b)(1), (d)(1), May 7, 1991, 105 Stat. 238, 239
1991Pub. L. 102–83, § 4(a)(1), (b)(1), (2)(E), Aug. 6, 1991, 105 Stat. 403–405.

Show as published

(Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1231, § 3108; Pub. L. 99–576, title VII, § 701(74), Oct. 28, 1986, 100 Stat. 3297; renumbered § 5308 and amended Pub. L. 102–40, title IV, § 402(b)(1), (d)(1), May 7, 1991, 105 Stat. 238, 239; Pub. L. 102–83, § 4(a)(1), (b)(1), (2)(E), Aug. 6, 1991, 105 Stat. 403–405.)