§ 5308. Withholding benefits of persons in territory of the enemy

356 words·~2 min read·/usc/title-38/section-5308

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(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, § 3108; Pub. L. 99–576, title VII, § 701(74), Oct. 28, 1986, 100 Stat. 3297; renumbered § 5308 and amended Pub. L. 102–40, title IV, § 402(b)(1), (d)(1), May 7, 1991, 105 Stat. 238, 239; Pub. L. 102–83, § 4(a)(1), (b)(1), (2)(E), Aug. 6, 1991, 105 Stat. 403–405.)

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Pub. L. 85–857
72 Stat. 1231
Pub. L. 99–576, title VII, § 701(74)
100 Stat. 3297
Pub. L. 102–40, title IV, § 402(b)(1)
105 Stat. 238
Pub. L. 102–83, § 4(a)(1)
105 Stat. 403–405
Pub. L. 102–40, § 402(b)(1)
Pub. L. 102–83, § 4(b)(1)
Pub. L. 102–40, § 402(d)(1)
Pub. L. 99–576

Citation graph

cites case law

§ 5308

Withholding benefits of persons in territory of the enemy

Fed. Reg.×13

C.F.R.×4

U.S.C.×2

U.S.C.§ 5309

U.S.C.§ 3108

Pub. L.Pub. L. 85–857

Stat.72 Stat. 1231

Pub. L.Pub. L. 99–576, title VII, § 701(74)

Stat.100 Stat. 3297

Pub. L.Pub. L. 102–40, title IV, § 402(b)(1)

Cites 14 · showing 7Cited by 19 across 3 sources