§ 6105. Forfeiture for subversive activities

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. 1959

   Pub. L. 86–222 § 3(a) · 73 Stat. 452

   Enacted · 38 U.S.C. § 6105

   Added Pub. L. 86–222, § 3(a), Sept. 1, 1959, 73 Stat. 453, § 3505

   Source evidence

   Code source credit
   Added Pub. L. 86–222, § 3(a), Sept. 1, 1959, 73 Stat. 453, § 3505

   Enacted provision · exact public law section
   (a) Chapter 61 of title 38, United States Code, is amended by adding at the end thereof the following: “§ 3505. Forfeiture for subversive activities “(a) Any individual who is convicted after the date of enactment of this section of any offense listed in subsection (b) of this section shall, from and after the date of commission of such offense, have no right to gratuitous benefits under laws administered by the Veterans’ Administration based on periods of military, naval, or air service commencing before the date of the commission of such offense and no other person shall be entitled to such benefits on account of such individual. After receipt of notice of the return of an indictment for such an offense the Veterans’ Administration shall suspend payment of such gratuitous benefits pending disposition of the criminal proceedings. If any individual whose right to benefits has been terminated pursuant to this section is granted a pardon of the offense by the President of the United States, the right to such benefits shall be restored as of the date of such pardon. “(b) The offenses referred to in subsection (a) of this section are those offenses for which punishment is prescribed (1) in the following provisions of title 18, United States Code: sections 792, 793, 794, 798, 18 USC 2151–2157. 10 USC 894, 904, 906. 68 Stat. 958. 42 USC 2272–2276. 64 Stat. 991, 1029. 50 USC 783, 822, 823. 2381, 2382, 2383, 2384, 2385, 2387, 2388, 2389, 2390, and chapter 105; (2) in the Uniform Code of Military Justice, articles 94, 104, and 106; (3) in the following sections of the Atomic Energy Act of 1954: sections 222, 223, 224, 225, and 226; and (4) in the following sections of the Internal Security Act of 1950: sections 4, 112, and 113. “(c) The Attorney General shall notify the Administrator in each case in which an individual is indicted or convicted of an offense listed in clauses (1), (3), or (4) of subsection (b) of this section. The Secretary of Defense or the Secretary of the Treasury, as may be appropriate, shall notify the Administrator in each case in which an individual is convicted of an offense listed in clause (2) of subsection (b) of this section.”

2. 1971

   Pub. L. 92–128 § 2(c) · 85 Stat. 347

   Substituted · 38 U.S.C. § 6105(b)(4)

   Pub. L. 92–128 substituted “in section 4 of the Internal Security Act of 1950” for “in the following sections of the Internal Security Act of 1950; sections 4, 112, and 113”

   Source evidence

   Code amendment note
   Subsec. (b)(4). Pub. L. 92–128 substituted “in section 4 of the Internal Security Act of 1950” for “in the following sections of the Internal Security Act of 1950; sections 4, 112, and 113”.

   Enacted provision · exact public law section
   (c) Clause (4) of section 3505(b) of title 38, United States Code, is amended to read as follows: “(4) in section 4 of the Internal Security Act of 1950.”.

3. 1973

   National Cemeteries Act of 1973

   Pub. L. 93–43 § 8 · 87 Stat. 75

   Inserted · 38 U.S.C. § 6105(a)

   Pub. L. 93–43 inserted “(including the right to burial in a national cemetery)” after “gratuitous benefits” in first sentence

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 93–43 inserted “(including the right to burial in a national cemetery)” after “gratuitous benefits” in first sentence.

   Enacted provision · exact public law section
   Sec. 8. The first sentence of section 3505(a) of title 38, United States 73 Stat. 453. Code, is amended by inserting immediately after the words “gratuitous benefits” where first appearing therein, the following: “(including the right to burial in a national cemetery)”.

4. 1982

   Pub. L. 97–295 § 4(79)(A) · 96 Stat. 1287

   Substituted · 38 U.S.C. § 6105(a)

   Pub. L. 97–295, § 4(79)(A), substituted “September 1, 1959,” for “the date of enactment of this section”

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 97–295, § 4(79)(A), substituted “September 1, 1959,” for “the date of enactment of this section”.

   Enacted provision · exact public law section
   (A) Section 3505(a) is amended by striking out “the date of 38 USC 3505. enactment of this section” and substituting “September 1, 1959,”.

5. 1982

   Pub. L. 97–295 § 4(79)(B) · 96 Stat. 1287

   1. Substituted · 38 U.S.C. § 6105(b)

      Pub. L. 97–295, § 4(79)(B), substituted pars. (1), (2), and (3) for cls. (2), (1), and (3), respectively

   2. Inserted · 38 U.S.C. § 6105(b)

      Pub. L. 97–295, § 4(79)(B), inserted citations to the United States Code

   Source evidence

   Code amendment note
   Subsec. (b). Pub. L. 97–295, § 4(79)(B), substituted pars. (1), (2), and (3) for cls. (2), (1), and (3), respectively, and inserted citations to the United States Code.

   Enacted provision · exact public law section
   (B) Section 3505(b) is amended to read as follows: “(b) The offenses referred to in subsection (a) of this section are those offenses for which punishment is prescribed in— “(1) sections 894, 904, and 906 of title 10 (articles 94, 104, and 106 of the Uniform Code of Military Justice); “(2) sections 792, 793, 794, 798, 2381, 2382, 2383, 2384, 2385, 2387,2388,2389,2390, and chapter 105 of title 18; 18 USC 2151 et seq. “(3) sections 222, 223, 224, 225, and 226 of the Atomic Energy Act of 1954 (42 U.S.C. 2272, 2273, 2274, 2275, and 2276); and “(4) section 4 of the Internal Security Act of 1950 (50 U.S.C. 783).”.

6. 1991

   Department of Veterans Affairs Health-Care Personnel Act of 1991

   Pub. L. 102–40 title IV § 402(b)(1) · 105 Stat. 187

   Changed · 38 U.S.C. § 6105

   Pub. L. 102–40 renumbered section 3505 of this title as this section

   Source evidence

   Code amendment note
   Pub. L. 102–40 renumbered section 3505 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.

7. 1991

   Pub. L. 102–54 § 14(d)(9) · 105 Stat. 267

   1. Substituted · 38 U.S.C. § 6105(c)

      Pub. L. 102–54 amended subsec. (c) as in effect immediately before the enactment of Pub. L. 102–40 by substituting “clauses (2),” for “clauses (1),”

   2. Substituted · 38 U.S.C. § 6105(c)

      Pub. L. 102–54 amended subsec. (c) as in effect immediately before the enactment of Pub. L. 102–40 by substituting “Secretary of Transportation, as” for “Secretary of the Treasury, as may be”

   3. Substituted · 38 U.S.C. § 6105(c)

      Pub. L. 102–54 amended subsec. (c) as in effect immediately before the enactment of Pub. L. 102–40 by substituting “clause (1) of that subsection” for “clause (2) of subsection (b) of this section”

   Target inherited from the preceding amendment note.

   Source evidence

   Code amendment note
   Pub. L. 102–54 amended subsec. (c) as in effect immediately before the enactment of Pub. L. 102–40 by substituting “clauses (2),” for “clauses (1),”, “Secretary of Transportation, as” for “Secretary of the Treasury, as may be”, and “clause (1) of that subsection” for “clause (2) of subsection (b) of this section”.

   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:

8. 1991

   Pub. L. 102–83 § 4(a)(2)(A)(xiv) · 105 Stat. 378

   Substituted · 38 U.S.C. § 6105(a)

   Pub. L. 102–83, § 4(a)(2)(A)(xiv), substituted “Secretary” for “Veterans’ Administration” in second sentence

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 102–83, § 4(a)(2)(A)(xiv), substituted “Secretary” for “Veterans’ Administration” in second sentence.

   Enacted provision · exact public law section
   (xiv) Section 6105(a) (in the second sentence).

9. 1991

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

   Substituted · 38 U.S.C. § 6105(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”.

10. 1991

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

    Substituted · 38 U.S.C. § 6105(c)

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

    Source evidence

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

11. 1994

    Veterans’ Benefits Improvements Act of 1994

    Pub. L. 103–446 title XII § 1201(e)(19) · 108 Stat. 4645

    1. Substituted · 38 U.S.C. § 6105(c)

       Pub. L. 103–446 substituted “paragraph (2), (3), or (4) of subsection (b)” for “clauses (2), (3), or (4) of subsection (b) of this section” transposed the first and second sentences

    2. Substituted · 38 U.S.C. § 6105(c)

       Pub. L. 103–446 substituted “paragraph (1) of subsection (b)” for “clause (1) of that subsection” transposed the first and second sentences

    Source evidence

    Code amendment note
    Subsec. (c). Pub. L. 103–446 substituted “paragraph (2), (3), or (4) of subsection (b)” for “clauses (2), (3), or (4) of subsection (b) of this section” and “paragraph (1) of subsection (b)” for “clause (1) of that subsection” and transposed the first and second sentences.

    Enacted provision · exact public law section
    (19) Section 6105(c) is amended— (A) in the first sentence, by striking out “clauses (2), (3), or (4) of subsection (b) of this section” and inserting in lieu thereof “paragraph (2), (3), or (4) of subsection (b)”; (B) in the second sentence, by striking out “clause (1) of that subsection” and inserting in lieu thereof “paragraph (1) of subsection (b)”; and (C) by transposing the two sentences of that subsection (as so amended).

12. 2002

    Homeland Security Act of 2002

    Pub. L. 107–296 title XVII § 1704(d) · 116 Stat. 2135

    Substituted · 38 U.S.C. § 6105(c)

    Pub. L. 107–296 substituted “of Homeland Security” for “of Transportation”

    Source evidence

    Code amendment note
    Subsec. (c). Pub. L. 107–296 substituted “of Homeland Security” for “of Transportation”.

    Enacted provision · exact public law section
    (d) Title 38, United States Code.— Title 38, United States Code, is amended in sections 101(25)(d), 1560(a), 3002(5), 3002(a)(1)(A)(ii)(I), 3011(a)(1)(A)(ii)(II), 3011(a)(1)(B)(ii)(III), 3011(a)(1)(C)(iii)(II)(cc), 3012(b)(1)(A)(v), 3012(b)(1)(B)(ii)(V), 3018(b)(3)(B)(iv), 3018A(a)(3), 3018B(a)(1)(C), 3018B(a)(2)(C), 3018C(a)(5), 3020(m), 3035(b)(2), 3035(c), 3035(d), 3035(e), 3680A(g), and 6105(c) by striking “of Transportation” each place it appears and inserting “of Homeland Security”.

13. 2003

    Veterans Benefits Act of 2003

    Pub. L. 108–183 title VII § 705(a) · 117 Stat. 2651

    Inserted · 38 U.S.C. § 6105(b)(2)

    Pub. L. 108–183 inserted “175, 229,” after “sections” and “831, 1091, 2332a, 2332b,” after “798,”

    Source evidence

    Code amendment note
    Subsec. (b)(2). Pub. L. 108–183 inserted “175, 229,” after “sections” and “831, 1091, 2332a, 2332b,” after “798,”.

    Enacted provision · exact public law section
    (a) Addition of Certain Offenses.— Paragraph (2) of section 6105(b) is amended— (1) by inserting “175, 229,” after “sections”; and (2) by inserting “831, 1091, 2332a, 2332b,” after “798,”.

    Effective date note
    Pub. L. 108–183, title VII, § 705(b), Dec. 16, 2003, 117 Stat. 2672, provided that: “The amendments made by subsection (a) [amending this section] shall apply to claims filed after the date of the enactment of this Act [Dec. 16, 2003].”

14. 2021

    William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021

    Pub. L. 116–283 div. A title IX § 926(a)(57) · 134 Stat. 3388

    Substituted · 38 U.S.C. § 6105(a)

    Pub. L. 116–283 substituted “air, or space service” for “or air service”

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 116–283 substituted “air, or space service” for “or air service”.

    Enacted provision · exact public law section
    (57) Section 6105(a).

18 of 18 references resolved to an enrolled provision