§ 6105. — Forfeiture for subversive activities.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 38USC6105]
TITLE 38--VETERANS' BENEFITS
PART IV--GENERAL ADMINISTRATIVE PROVISIONS
CHAPTER 61--PENAL AND FORFEITURE PROVISIONS
Sec. 6105. Forfeiture for subversive activities
(a) Any individual who is convicted after September 1, 1959, 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 (including the right to burial in a national cemetery) under
laws administered by the Secretary 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 Secretary 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 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;
(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).
(c) The Secretary of Defense or the Secretary of Homeland Security,
as appropriate, shall notify the Secretary in each case in which an
individual is convicted of an offense listed in paragraph (1) of
subsection (b). The Attorney General shall notify the Secretary in each
case in which an individual is indicted or convicted of an offense
listed in paragraph (2), (3), or (4) of subsection (b).
(Added Pub. L. 86-222, Sec. 3(a), Sept. 1, 1959, 73 Stat. 453,
Sec. 3505; amended Pub. L. 92-128, Sec. 2(c), Sept. 25, 1971, 85 Stat.
348; Pub. L. 93-43, Sec. 8, June 18, 1973, 87 Stat. 88; Pub. L. 97-295,
Sec. 4(79), Oct. 12, 1982, 96 Stat. 1311; renumbered Sec. 6105, Pub. L.
102-40, title IV, Sec. 402(b)(1), May 7, 1991, 105 Stat. 238; Pub. L.
102-54, Sec. 14(d)(9), June 13, 1991, 105 Stat. 287; Pub. L. 102-83,
Sec. 4(a)(1), (2)(A)(xiv), (b)(1), (2)(E), Aug. 6, 1991, 105 Stat. 403-
405; Pub. L. 103-446, title XII, Sec. 1201(e)(19), Nov. 2, 1994, 108
Stat. 4686; Pub. L. 107-296, title XVII, Sec. 1704(d), Nov. 25, 2002,
116 Stat. 2315.)
Amendments
2002--Subsec. (c). Pub. L. 107-296 substituted ``of Homeland
Security'' for ``of Transportation''.
1994--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.
1991--Pub. L. 102-40 renumbered section 3505 of this title as this
section.
Subsec. (a). Pub. L. 102-83, Sec. 4(a)(2)(A)(xiv), substituted
``Secretary'' for ``Veterans' Administration'' in second sentence.
Pub. L. 102-83, Sec. 4(a)(1), substituted ``administered by the
Secretary'' for ``administered by the Veterans' Administration'' in
first sentence.
Subsec. (c). Pub. L. 102-83, Sec. 4(b)(1), (2)(E), substituted
``Secretary'' for ``Administrator'' in two places.
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''.
1982--Subsec. (a). Pub. L. 97-295, Sec. 4(79)(A), substituted
``September 1, 1959,'' for ``the date of enactment of this section''.
Subsec. (b). Pub. L. 97-295, Sec. 4(79)(B), substituted pars. (1),
(2), and (3) for cls. (2), (1), and (3), respectively, and inserted
citations to the United States Code.
1973--Subsec. (a). Pub. L. 93-43 inserted ``(including the right to
burial in a national cemetery)'' after ``gratuitous benefits'' in first
sentence.
1971--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''.
Effective Date of 2002 Amendment
Amendment by Pub. L. 107-296 effective on the date of transfer of
the Coast Guard to the Department of Homeland Security, see section
1704(g) of Pub. L. 107-296, set out as a note under section 101 of Title
10, Armed Forces.
Effective Date of 1973 Amendment
Amendment by Pub. L. 93-43 effective June 18, 1973, see section
10(a) of Pub. L. 93-43, set out as an Effective Date note under section
2400 of this title.
Section Referred to in Other Sections
This section is referred to in section 2402 of this title.
