§ 6103. Forfeiture for fraud

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.

1. 1958

   Pub. L. 85–857 · 72 Stat. 1105

   Enacted · 38 U.S.C. § 6103

   Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1240, § 3503

   Source evidence

   Code source credit
   Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1240, § 3503

2. 1959

   Pub. L. 86–222 § 1 · 73 Stat. 452

   Added · 38 U.S.C. § 6103(d); 38 U.S.C. § 6103(e)

   Pub. L. 86–222 added subsecs. (d) and (e)

   Source evidence

   Code amendment note
   Subsecs. (d) and (e). Pub. L. 86–222 added subsecs. (d) and (e).

3. 1969

   Pub. L. 91–24 § 13(a) · 83 Stat. 33

   Substituted · 38 U.S.C. § 6103(d)

   Pub. L. 91–24 substituted “September 1, 1959” for “the date of enactment of this subsection” wherever appearing

   Source evidence

   Code amendment note
   Subsec. (d). Pub. L. 91–24 substituted “September 1, 1959” for “the date of enactment of this subsection” wherever appearing.

   Enacted provision · exact public law section
   (a) by deleting in section 3503(d) at each place it appears the words “the date of enactment of this subsection” and inserting in lieu thereof “September 1, 1959”; and

4. 1972

   Veterans’ Compensation and Relief Act of 1972

   Pub. L. 92–328 title II § 206 · 86 Stat. 393

   1. Amended · 38 U.S.C. § 6103(d)

      Pub. L. 92–328 designated existing provisions as par. (1)

   2. Added · 38 U.S.C. § 6103(d)

      Pub. L. 92–328 added par. (2)

   Source evidence

   Code amendment note
   Subsec. (d). Pub. L. 92–328 designated existing provisions as par. (1) and added par. (2).

   Enacted provision · exact public law section
   Sec. 206. Subsection (d) of section 3503 of title 38, United States Code, is amended by inserting “(1)” after “(d)” and adding at the 73 Stat. 452. end thereof the following: “(2) The Administrator is hereby authorized and directed to review Forfeiture of benefits, remission. all cases in which, because of a false or fraudulent affidavit, declaration, certificate, statement, voucher, or paper, a forfeiture of gratuitous benefits under laws administered by the Veterans’ Administration was imposed, pursuant to this section or prior provisions of law, on or before September 1, 1959. Tn any such case in which he determines that the forfeiture would not have been imposed under the provisions of this section in effect after September 1, 1959, he shall remit the forfeiture, effective the date of enactment of this amendatory Act. Benefits to which the individual concerned becomes eligible by virtue of any such remission may be awarded, upon application therefor, and the effective date of any award of compensation, dependency and indemnity compensation, or pension made in such a case shall be fixed in accordance with the provisions of section 3010(g) of this title.” 76 Stat. 948.

   Effective date note
   Amendment by Pub. L. 92–328 effective June 30, 1972, see section 301(c) of Pub. L. 92–328, set out as a note under section 3713 of this title.

5. 1983

   Veterans’ Health Care Amendments of 1983

   Pub. L. 98–160 title VII § 703(6) · 97 Stat. 993

   1. Substituted · 38 U.S.C. § 6103(b)

      Pub. L. 98–160 substituted “the right” for “his right” in two places

   2. Substituted · 38 U.S.C. § 6103(b)

      Pub. L. 98–160 substituted “the veteran’s spouse” for “his wife” in two places

   3. Substituted · 38 U.S.C. § 6103(b)

      Pub. L. 98–160 substituted “spouse” for “wife” in two places

   Source evidence

   Code amendment note
   Subsec. (b). Pub. L. 98–160 substituted “the right” for “his right”, “the veteran’s spouse” for “his wife”, and “spouse” for “wife” in two places.

   Enacted provision · exact public law section
   (6) Section 3503(b) is amended— (A) by striking out “his right" and inserting in lieu thereof “the right”; (B) by striking out “his wife” and inserting in lieu thereof “the veteran’s spouse”; and (C) by striking out “wife” in the second and third sentences and inserting in lieu thereof “spouse”.

6. 1986

   Pub. L. 99–576 § 701(83)(A) · 100 Stat. 3248

   Substituted · 38 U.S.C. § 6103(c)

   Pub. L. 99–576, § 701(83)(A), substituted “the veteran’s” for “his”

   Source evidence

   Code amendment note
   Subsec. (c). Pub. L. 99–576, § 701(83)(A), substituted “the veteran’s” for “his”.

   Enacted provision · exact public law section
   (A) by striking out “his” in subsection (c) and inserting in lieu thereof “the veteran’s”; and

7. 1986

   Pub. L. 99–576 § 701(83)(B) · 100 Stat. 3248

   Substituted · 38 U.S.C. § 6103(d)(2)

   Pub. L. 99–576, § 701(83)(B), substituted “the Administrator” for “he” in two places in second sentence

   Source evidence

   Code amendment note
   Subsec. (d)(2). Pub. L. 99–576, § 701(83)(B), substituted “the Administrator” for “he” in two places in second sentence.

   Enacted provision · exact public law section
   (B) by striking out “he” each place it appears in subsection (d)(2) and inserting in lieu thereof “the Administrator”.

8. 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. § 6103

   Pub. L. 102–40, § 402(b)(1), renumbered section 3503 of this title as this section

   Source evidence

   Code amendment note
   Pub. L. 102–40, § 402(b)(1), renumbered section 3503 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.

9. 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. § 6103(d)(1)

   Pub. L. 102–40, § 402(d)(1), substituted “6104” for “3504”

   Source evidence

   Code amendment note
   Subsec. (d)(1). Pub. L. 102–40, § 402(d)(1), substituted “6104” for “3504”.

   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.

10. 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. § 6103(d)(2)

    Pub. L. 102–40, § 402(d)(1), substituted “5110(g)” for “3010(g)”

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 102–40, § 402(d)(1), substituted “5110(g)” for “3010(g)”.

    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.

11. 1991

    Pub. L. 102–54 § 14(d)(8)(A) · 105 Stat. 267

    Inserted · 38 U.S.C. § 6103(b)

    Pub. L. 102–54, § 14(d)(8)(A), amended subsec. (b) as in effect immediately before the enactment of Pub. L. 102–40 by inserting at end “An apportionment award under this subsection may not be made in any case after September 1, 1959.”

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 102–54, § 14(d)(8)(A), amended subsec. (b) as in effect immediately before the enactment of Pub. L. 102–40 by inserting at end “An apportionment award under this subsection may not be made in any case after September 1, 1959.”

    Enacted provision · exact public law section
    (d) Chapters 51 Through 61 of Title 38.— Part IV of such title (as in effect immediately before the enactment of the Department of Veterans Affairs Health-Care Personnel Act of 1991) is amended as follows: (1) Section 3004 is amended— (A) by striking out “(1)” after “(a)”; (B) by striking out “(2)” and inserting in lieu thereof “(b)”; (C) by striking out “paragraph (1) of this subsection” and inserting in lieu thereof “subsection (a)”; and (D) by striking out “(A)” and “(B)” and inserting in lieu thereof “(1)” and “(2)”, respectively. (2) Section 3101(d) is amended by striking out “the Internal 38 USC 5301. Revenue Code of 1954” and inserting in lieu thereof “the Internal Revenue Code of 1986”. (3) Section 3116 is amended— (A) by striking out “Within ninety days after the date of the enactment of this section, the” in subsection (a)(1) and inserting in lieu thereof “The”; (B) by striking out subsection (b); and (C) by redesignating subsection (c) as subsection (b). (4) Section 3305 is amended— (A) in subsection (c), by striking out “the date of the enactment of this section,” in paragraphs (1) and (2) and inserting in lieu thereof “October 7, 1980,”; and (B) in subsection (d)— (i) in the first sentence of paragraph (1), by striking out “Not later than 180 days after the date of the enactment of this section, the” and inserting in lieu thereof “The”; (ii) in the second sentence of paragraph (1), by striking out “such enactment date” and inserting in lieu thereof “October 7, 1980,”; (iii) in the third sentence of paragraph (1)— (I) by striking out “existing”; and (II) by inserting “in existence on October 7, 1980” after “such programs”; and (iv) in paragraph (2), by striking out “After the date on which such regulations are first prescribed, no activity shall be considered” and inserting in lieu thereof “An activity may not be considered”. (5) (A) Section 3311 is amended to read as follows: 38 USC 5711. “§ 3311. Authority to issue subpoenas “(a) For the purposes of the laws administered by the Secretary, the Secretary, and those employees to whom the Secretary may delegate such authority, to the extent of the authority so delegated, shall have the power to— “(1) issue subpoenas for and compel the attendance of witnesses within a radius of 100 miles from the place of hearing; “(2) require the production of books, papers, documents, and other evidence; “(3) take affidavits and administer oaths and affirmations; “(4) aid claimants in the preparation and presentation of claims; and “(5) make investigations and examine witnesses upon any matter within the jurisdiction of the Department. “(b) Any person required by such subpoena to attend as a witness shall be allowed and paid the same fees and mileage as are paid witnesses in the district courts of the United States.”. (B) The item relating to such section in the table of sections at the beginning of chapter 57 is amended to read as follows: “ 3311. Authority to issue subpoenas.”. (6) (A) Section 3313 is amended by striking out “subpena” both 38 USC 5713. places it appears in the text and inserting in lieu “subpoena”. (B) The heading of such section is amended to read as follows:

12. 1991

    Pub. L. 102–54 § 14(d)(8)(B) · 105 Stat. 267

    Struck · 38 U.S.C. § 6103(e)

    Pub. L. 102–54, § 14(d)(8)(B), amended section as in effect immediately before the enactment of Pub. L. 102–40 by striking out subsec. (e) which read as follows: “No apportionment award under subsection (b) of this section shall be made in any case after the date of enactment of this subsection.”

    Source evidence

    Code amendment note
    Subsec. (e). Pub. L. 102–54, § 14(d)(8)(B), amended section as in effect immediately before the enactment of Pub. L. 102–40 by striking out subsec. (e) which read as follows: “No apportionment award under subsection (b) of this section shall be made in any case after the date of enactment of this subsection.”

    Enacted provision · exact public law section
    (d) Chapters 51 Through 61 of Title 38.— Part IV of such title (as in effect immediately before the enactment of the Department of Veterans Affairs Health-Care Personnel Act of 1991) is amended as follows: (1) Section 3004 is amended— (A) by striking out “(1)” after “(a)”; (B) by striking out “(2)” and inserting in lieu thereof “(b)”; (C) by striking out “paragraph (1) of this subsection” and inserting in lieu thereof “subsection (a)”; and (D) by striking out “(A)” and “(B)” and inserting in lieu thereof “(1)” and “(2)”, respectively. (2) Section 3101(d) is amended by striking out “the Internal 38 USC 5301. Revenue Code of 1954” and inserting in lieu thereof “the Internal Revenue Code of 1986”. (3) Section 3116 is amended— (A) by striking out “Within ninety days after the date of the enactment of this section, the” in subsection (a)(1) and inserting in lieu thereof “The”; (B) by striking out subsection (b); and (C) by redesignating subsection (c) as subsection (b). (4) Section 3305 is amended— (A) in subsection (c), by striking out “the date of the enactment of this section,” in paragraphs (1) and (2) and inserting in lieu thereof “October 7, 1980,”; and (B) in subsection (d)— (i) in the first sentence of paragraph (1), by striking out “Not later than 180 days after the date of the enactment of this section, the” and inserting in lieu thereof “The”; (ii) in the second sentence of paragraph (1), by striking out “such enactment date” and inserting in lieu thereof “October 7, 1980,”; (iii) in the third sentence of paragraph (1)— (I) by striking out “existing”; and (II) by inserting “in existence on October 7, 1980” after “such programs”; and (iv) in paragraph (2), by striking out “After the date on which such regulations are first prescribed, no activity shall be considered” and inserting in lieu thereof “An activity may not be considered”. (5) (A) Section 3311 is amended to read as follows: 38 USC 5711. “§ 3311. Authority to issue subpoenas “(a) For the purposes of the laws administered by the Secretary, the Secretary, and those employees to whom the Secretary may delegate such authority, to the extent of the authority so delegated, shall have the power to— “(1) issue subpoenas for and compel the attendance of witnesses within a radius of 100 miles from the place of hearing; “(2) require the production of books, papers, documents, and other evidence; “(3) take affidavits and administer oaths and affirmations; “(4) aid claimants in the preparation and presentation of claims; and “(5) make investigations and examine witnesses upon any matter within the jurisdiction of the Department. “(b) Any person required by such subpoena to attend as a witness shall be allowed and paid the same fees and mileage as are paid witnesses in the district courts of the United States.”. (B) The item relating to such section in the table of sections at the beginning of chapter 57 is amended to read as follows: “ 3311. Authority to issue subpoenas.”. (6) (A) Section 3313 is amended by striking out “subpena” both 38 USC 5713. places it appears in the text and inserting in lieu “subpoena”. (B) The heading of such section is amended to read as follows:

13. 1991

    Pub. L. 102–83 § 4(a)(1) · 105 Stat. 378

    Substituted · 38 U.S.C. § 6103(a)

    Pub. L. 102–83, § 4(a)(1), substituted “administered by the Secretary” for “administered by the Veterans’ Administration” in two places

    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” in two places.

    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”.

14. 1991

    Pub. L. 102–83 § 4(b)(1) · 105 Stat. 378

    Substituted · 38 U.S.C. § 6103(d)(2)

    Pub. L. 102–83, § 4(b)(1), (2)(E), substituted “Secretary” for “Administrator” in three places

    Source evidence

    Code amendment note
    Subsec. (d)(2). Pub. L. 102–83, § 4(b)(1), (2)(E), substituted “Secretary” for “Administrator” in three places.

    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.

15. 1991

    Pub. L. 102–83 § 4(a)(1) · 105 Stat. 378

    Substituted · 38 U.S.C. § 6103(d)(2)

    Pub. L. 102–83, § 4(a)(1), substituted “administered by the Secretary” for “administered by the Veterans’ Administration”

    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”.

    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”.

16. 1994

    Veterans’ Benefits Improvements Act of 1994

    Pub. L. 103–446 § 1201(e)(18) · 108 Stat. 4645

    1. Substituted · 38 U.S.C. § 6103(d)(1)

       Pub. L. 103–446, § 1201(e)(18), in second sentence substituted “(A) any” for “(a) any”

    2. Substituted · 38 U.S.C. § 6103(d)(1)

       Pub. L. 103–446, § 1201(e)(18), in second sentence substituted “(B) an act” for “(b) an act”

    3. Substituted · 38 U.S.C. § 6103(d)(1)

       Pub. L. 103–446, § 1201(e)(18), in second sentence substituted “before July 4, 1946” for “prior to July 4, 1946”

    Source evidence

    Code amendment note
    Subsec. (d)(1). Pub. L. 103–446, § 1201(e)(18), in second sentence substituted “(A) any” for “(a) any”, “(B) an act” for “(b) an act”, and “before July 4, 1946” for “prior to July 4, 1946”.

    Enacted provision · exact public law section
    (18) Section 6103(d)(1) is amended in the second sentence— (A) by striking out “(a)” and “(b)” and inserting in lieu thereof “(A)” and “(B)”, respectively; and (B) by striking out “prior to” and inserting in lieu thereof “before”.

17. 1994

    Veterans’ Benefits Improvements Act of 1994

    Pub. L. 103–446 § 1201(f)(5) · 108 Stat. 4645

    Substituted · 38 U.S.C. § 6103(d)(2)

    Pub. L. 103–446, § 1201(f)(5), substituted “June 30, 1972” for “the date of enactment of this amendatory Act”

    Source evidence

    Code amendment note
    Subsec. (d)(2). Pub. L. 103–446, § 1201(f)(5), substituted “June 30, 1972” for “the date of enactment of this amendatory Act”.

    Enacted provision · exact public law section
    (5) Section 6103(d)(2) is amended by striking out “the date 38 USC 6103. of enactment of this amendatory Act” and inserting in lieu thereof “June 30, 1972”.

20 of 22 references resolved to an enrolled provision · 2 partial