§ 5309. — Payment of certain withheld benefits.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 38USC5309]
TITLE 38--VETERANS' BENEFITS
PART IV--GENERAL ADMINISTRATIVE PROVISIONS
CHAPTER 53--SPECIAL PROVISIONS RELATING TO BENEFITS
Sec. 5309. Payment of certain withheld benefits
(a) 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.
(b) 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 July 1, 1954,
because such person was a citizen or subject of Germany or Japan
residing in Germany or Japan.
(Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1232, Sec. 3109; Pub. L. 97-
258, Sec. 3(k)(4), Sept. 13, 1982, 96 Stat. 1065; Pub. L. 99-576, title
VII, Sec. 701(75), Oct. 28, 1986, 100 Stat. 3297; renumbered Sec. 5309
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), (3), (4),
(b)(1), (2)(E), Aug. 6, 1991, 105 Stat. 403-405.)
Amendments
1991--Pub. L. 102-40, Sec. 402(b)(1), renumbered section 3109 of
this title as this section.
Subsec. (a). Pub. L. 102-83, Sec. 4(b)(1), (2)(E), substituted
``Secretary'' for ``Administrator'' in two places in last sentence.
Pub. L. 102-83, Sec. 4(a)(3), (4), substituted ``Department'' for
``Veterans' Administration'' in last sentence.
Pub. L. 102-83, Sec. 4(a)(1), substituted ``administered by the
Secretary'' for ``administered by the Veterans' Administration'' in
first sentence.
Pub. L. 102-40, Sec. 402(d)(1), substituted ``5308'' for ``3108'' in
two places in first sentence.
1986--Subsec. (a). Pub. L. 99-576, Sec. 701(75)(A), substituted
``such person's'' for ``his'' in two places.
Subsec. (b). Pub. L. 99-576, Sec. 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.
Section Referred to in Other Sections
This section is referred to in section 5308 of this title.
