Title 38 — Veterans’ Benefits
Part IV · Chapter 53 — Special Provisions Relating to Benefits
§ 5309. Payment of certain withheld benefits
Statutory text
Any person who, but for section 5308 of this title, was entitled to benefits under any of the laws administered by the Secretary, whose award of benefits was terminated under such section, or whose benefits were not paid pursuant to sections 3329 and 3330 of title 31, and who was not guilty of mutiny, treason, sabotage, or rendering assistance to an enemy of the United States or its allies, shall be paid the full amount of any benefits not paid because of such section 5308, or withheld (including the amount of any checks covered on such person’s account into the Treasury as miscellaneous receipts together with any amount to such person’s credit in the special-deposit account) pursuant to sections 3329 and 3330 of title 31. The Secretary shall certify to the Secretary of the Treasury the amounts of payments which, but for this section, would have been made from the special deposit account, and the Secretary of the Treasury, as directed by the Secretary, shall reimburse the appropriations of the Department from such special deposit account, or cover into the Treasury as miscellaneous receipts the amounts so certified.
No payments shall be made for any period before the date claim therefor is filed under this section to any person whose award was terminated, or whose benefits were not paid, before , because such person was a citizen or subject of Germany or Japan residing in Germany or Japan.
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.
Pub. L. 85–857 · 72 Stat. 1105
Enacted · 38 U.S.C. § 5309
Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1232, § 3109
Source evidence
Code source credit
Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1232, § 3109Pub. L. 97–258 § 3(k)(4) · 96 Stat. 1065
Substituted · 38 U.S.C. § 5309(a)
Pub. L. 97–258 substituted “sections 3329 and 3330 of title 31” for “sections 123–128 of title 31” wherever appearing
Source evidence
Code amendment note
Subsec. (a). Pub. L. 97–258 substituted “sections 3329 and 3330 of title 31” for “sections 123–128 of title 31” wherever appearing.Pub. L. 99–576 § 701(75)(A) · 100 Stat. 3248
Substituted · 38 U.S.C. § 5309(a)
Pub. L. 99–576, § 701(75)(A), substituted “such person’s” for “his” in two places
Source evidence
Code amendment note
Subsec. (a). Pub. L. 99–576, § 701(75)(A), substituted “such person’s” for “his” in two places.Enacted provision · exact public law section
(A) by striking out “his” each place it appears in subsection (a) and inserting in lieu thereof “such person’s”; andPub. L. 99–576 § 701(75)(B) · 100 Stat. 3248
Substituted · 38 U.S.C. § 5309(b)
Pub. L. 99–576, § 701(75)(B), substituted “such person” for “he”
Source evidence
Code amendment note
Subsec. (b). Pub. L. 99–576, § 701(75)(B), substituted “such person” for “he”.Enacted provision · exact public law section
(B) by striking out “he” in subsection (b) and inserting in lieu thereof “such person”.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. § 5309
Pub. L. 102–40, § 402(b)(1), renumbered section 3109 of this title as this section
Source evidence
Code amendment note
Pub. L. 102–40, § 402(b)(1), renumbered section 3109 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.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. § 5309(a)
Pub. L. 102–40, § 402(d)(1), substituted “5308” for “3108” in two places in first sentence
Target inherited from the preceding amendment note.
Source evidence
Code amendment note
Pub. L. 102–40, § 402(d)(1), substituted “5308” for “3108” in two places in first sentence.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.Pub. L. 102–83 § 4(b)(1) · 105 Stat. 378
Substituted · 38 U.S.C. § 5309(a)
Pub. L. 102–83, § 4(b)(1), (2)(E), substituted “Secretary” for “Administrator” in two places in last sentence
Source evidence
Code amendment note
Subsec. (a). Pub. L. 102–83, § 4(b)(1), (2)(E), substituted “Secretary” for “Administrator” in two places in last sentence.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.Pub. L. 102–83 § 4(a)(3) · 105 Stat. 378
Substituted · 38 U.S.C. § 5309(a)
Pub. L. 102–83, § 4(a)(3), (4), substituted “Department” for “Veterans’ Administration” in last sentence
Target inherited from the preceding amendment note.
Source evidence
Code amendment note
Pub. L. 102–83, § 4(a)(3), (4), substituted “Department” for “Veterans’ Administration” in last sentence.Enacted provision · exact public law section
(3) Such title is further amended by striking out “Veterans’ Administration” each place it appears (other than as amended under paragraphs (1) and (2) and as specified in paragraph (4)) and inserting in lieu thereof “Department”.Pub. L. 102–83 § 4(a)(1) · 105 Stat. 378
Substituted · 38 U.S.C. § 5309(a)
Pub. L. 102–83, § 4(a)(1), substituted “administered by the Secretary” for “administered by the Veterans’ Administration” in first sentence
Target inherited from the preceding amendment note.
Source evidence
Code amendment note
Pub. L. 102–83, § 4(a)(1), substituted “administered by the Secretary” for “administered by the Veterans’ Administration” in first sentence.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”.
7 of 9 references resolved to an enrolled provision · 2 partial
Editorial Notes
Amendments1982–1991 · 3 rounds
1991
Pub. L. 102–40, § 402(b)(1), renumbered section 3109 of this title as this section.
Subsec. (a). Pub. L. 102–83, § 4(b)(1), (2)(E), substituted “Secretary” for “Administrator” in two places in last sentence.
Pub. L. 102–83, § 4(a)(3), (4), substituted “Department” for “Veterans’ Administration” in last sentence.
Pub. L. 102–83, § 4(a)(1), substituted “administered by the Secretary” for “administered by the Veterans’ Administration” in first sentence.
Pub. L. 102–40, § 402(d)(1), substituted “5308” for “3108” in two places in first sentence.
1986
Subsec. (a). Pub. L. 99–576, § 701(75)(A), substituted “such person’s” for “his” in two places.
Subsec. (b). Pub. L. 99–576, § 701(75)(B), substituted “such person” for “he”.
1982
Subsec. (a). Pub. L. 97–258 substituted “sections 3329 and 3330 of title 31” for “sections 123–128 of title 31” wherever appearing.
Credits
1958–1991 · 5 acts
- 1958Pub. L. 85–857, , 72 Stat. 1232, § 3109
- 1982Pub. L. 97–258, § 3(k)(4), , 96 Stat. 1065
- 1986Pub. L. 99–576, title VII, § 701(75), , 100 Stat. 3297
- 1991renumbered § 5309 and amended Pub. L. 102–40, title IV, § 402(b)(1), (d)(1), , 105 Stat. 238, 239
- 1991Pub. L. 102–83, § 4(a)(1), (3), (4), (b)(1), (2)(E), , 105 Stat. 403–405.
Show as published
(Pub. L. 85–857, , 72 Stat. 1232, § 3109; Pub. L. 97–258, § 3(k)(4), , 96 Stat. 1065; Pub. L. 99–576, title VII, § 701(75), , 100 Stat. 3297; renumbered § 5309 and amended Pub. L. 102–40, title IV, § 402(b)(1), (d)(1), , 105 Stat. 238, 239; Pub. L. 102–83, § 4(a)(1), (3), (4), (b)(1), (2)(E), , 105 Stat. 403–405.)