§ 5308. — Withholding benefits of persons in territory of the enemy.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 38USC5308]
TITLE 38--VETERANS' BENEFITS
PART IV--GENERAL ADMINISTRATIVE PROVISIONS
CHAPTER 53--SPECIAL PROVISIONS RELATING TO BENEFITS
Sec. 5308. Withholding benefits of persons in territory of the
enemy
(a) 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.
(b) 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.
(c) 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.
(Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1231, Sec. 3108; Pub. L. 99-
576, title VII, Sec. 701(74), Oct. 28, 1986, 100 Stat. 3297; renumbered
Sec. 5308 and amended Pub. L. 102-40, title IV, Sec. 402(b)(1), (d)(1),
May 7, 1991, 105 Stat. 238, 239; Pub. L. 102-83, Sec. 4(a)(1), (b)(1),
(2)(E), Aug. 6, 1991, 105 Stat. 403-405.)
Amendments
1991--Pub. L. 102-40, Sec. 402(b)(1), renumbered section 3108 of
this title as this section.
Subsec. (a). Pub. L. 102-83, Sec. 4(a)(1), substituted
``administered by the Secretary'' for ``administered by the Veterans'
Administration''.
Subsec. (b). Pub. L. 102-83, Sec. 4(b)(1), (2)(E), substituted
``Secretary'' for ``Administrator''.
Pub. L. 102-40, Sec. 402(d)(1), substituted ``5309'' for ``3109''.
Subsec. (c). Pub. L. 102-83, Sec. 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.
Section Referred to in Other Sections
This section is referred to in section 5309 of this title.
