US (United States) Code. Title 38. Chapter 61: Penal and Forfeiture

Codificación normativa de EEUU (Estados Unidos) Legislación Federal estadounidense # Veterans Benefits. General Administrative Provisions

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-CITE-

38 USC CHAPTER 61 - PENAL AND FORFEITURE PROVISIONS 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART IV - GENERAL ADMINISTRATIVE PROVISIONS

CHAPTER 61 - PENAL AND FORFEITURE PROVISIONS

-HEAD-

CHAPTER 61 - PENAL AND FORFEITURE PROVISIONS

-MISC1-

Sec.

6101. Misappropriation by fiduciaries.

6102. Fraudulent acceptance of payments.

6103. Forfeiture for fraud.

6104. Forfeiture for treason.

6105. Forfeiture for subversive activities.

AMENDMENTS

1991 - Pub. L. 102-40, title IV, Sec. 402(c)(1), May 7, 1991, 105

Stat. 239, renumbered items 3501 to 3505 as 6101 to 6105,

respectively.

1959 - Pub. L. 86-222, Sec. 3(b), Sept. 1, 1959, 73 Stat. 453,

added item 3505.

-End-

-CITE-

38 USC Sec. 6101 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART IV - GENERAL ADMINISTRATIVE PROVISIONS

CHAPTER 61 - PENAL AND FORFEITURE PROVISIONS

-HEAD-

Sec. 6101. Misappropriation by fiduciaries

-STATUTE-

(a) Whoever, being a guardian, curator, conservator, committee,

or person legally vested with the responsibility or care of a

claimant or a claimant's estate, or any other person having charge

and custody in a fiduciary capacity of money heretofore or

hereafter paid under any of the laws administered by the Secretary

for the benefit of any minor, incompetent, or other beneficiary,

shall lend, borrow, pledge, hypothecate, use, or exchange for other

funds or property, except as authorized by law, or embezzle or in

any manner misappropriate any such money or property derived

therefrom in whole or in part and coming into such fiduciary's

control in any manner whatever in the execution of such fiduciary's

trust, or under color of such fiduciary's office or service as such

fiduciary, shall be fined in accordance with title 18, or

imprisoned not more than five years, or both.

(b) Any willful neglect or refusal to make and file proper

accountings or reports concerning such money or property as

required by law shall be taken to be sufficient evidence prima

facie of such embezzlement or misappropriation.

-SOURCE-

(Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1239, Sec. 3501; Pub. L.

99-576, title VII, Sec. 701(82), Oct. 28, 1986, 100 Stat. 3298;

renumbered Sec. 6101, Pub. L. 102-40, title IV, Sec. 402(b)(1), May

7, 1991, 105 Stat. 238; Pub. L. 102-54, Sec. 14(d)(7), June 13,

1991, 105 Stat. 286; Pub. L. 102-83, Sec. 4(a)(1), Aug. 6, 1991,

105 Stat. 403; Pub. L. 103-446, title XII, Sec. 1201(e)(17), Nov.

2, 1994, 108 Stat. 4686.)

-MISC1-

AMENDMENTS

1994 - Subsec. (a). Pub. L. 103-446 inserted a comma after "title

18".

1991 - Pub. L. 102-40 renumbered section 3501 of this title as

this section.

Subsec. (a). Pub. L. 102-83 substituted "administered by the

Secretary" for "administered by the Veterans' Administration".

Pub. L. 102-54 amended subsec. (a) as in effect immediately

before the enactment of Pub. L. 102-40 by substituting "in

accordance with title 18" for "not more than $2,000".

1986 - Subsec. (a). Pub. L. 99-576 substituted "a claimant's" for

"his" before "estate", and "such fiduciary's" for "his" in three

places.

-End-

-CITE-

38 USC Sec. 6102 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART IV - GENERAL ADMINISTRATIVE PROVISIONS

CHAPTER 61 - PENAL AND FORFEITURE PROVISIONS

-HEAD-

Sec. 6102. Fraudulent acceptance of payments

-STATUTE-

(a) Any person entitled to monetary benefits under any of the

laws administered by the Secretary whose right to payment thereof

ceases upon the happening of any contingency, who thereafter

fraudulently accepts any such payment, shall be fined in accordance

with title 18, or imprisoned not more than one year, or both.

(b) Whoever obtains or receives any money or check under any of

the laws administered by the Secretary without being entitled to

it, and with intent to defraud the United States or any beneficiary

of the United States, shall be fined in accordance with title 18,

or imprisoned not more than one year, or both.

-SOURCE-

(Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1239, Sec. 3502;

renumbered Sec. 6102, Pub. L. 102-40, title IV, Sec. 402(b)(1), May

7, 1991, 105 Stat. 238; Pub. L. 102-54, Sec. 14(d)(7), June 13,

1991, 105 Stat. 286; Pub. L. 102-83, Sec. 4(a)(1), Aug. 6, 1991,

105 Stat. 403.)

-MISC1-

AMENDMENTS

1991 - Pub. L. 102-40 renumbered section 3502 of this title as

this section.

Pub. L. 102-83 substituted "administered by the Secretary" for

"administered by the Veterans' Administration" in subsecs. (a) and

(b).

Pub. L. 102-54 amended section as in effect immediately before

the enactment of Pub. L. 102-40 by substituting "in accordance with

title 18" for "not more than $2,000" in subsecs. (a) and (b).

-End-

-CITE-

38 USC Sec. 6103 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART IV - GENERAL ADMINISTRATIVE PROVISIONS

CHAPTER 61 - PENAL AND FORFEITURE PROVISIONS

-HEAD-

Sec. 6103. Forfeiture for fraud

-STATUTE-

(a) Whoever knowingly makes or causes to be made or conspires,

combines, aids, or assists in, agrees to, arranges for, or in any

way procures the making or presentation of a false or fraudulent

affidavit, declaration, certificate, statement, voucher, or paper,

concerning any claim for benefits under any of the laws

administered by the Secretary (except laws pertaining to insurance

benefits) shall forfeit all rights, claims, and benefits under all

laws administered by the Secretary (except laws pertaining to

insurance benefits).

(b) Whenever a veteran entitled to disability compensation has

forfeited the right to such compensation under this section, the

compensation payable but for the forfeiture shall thereafter be

paid to the veteran's spouse, children, and parents. Payments made

to a spouse, children, and parents under the preceding sentence

shall not exceed the amounts payable to each if the veteran had

died from service-connected disability. No spouse, child, or parent

who participated in the fraud for which forfeiture was imposed

shall receive any payment by reason of this subsection. An

apportionment award under this subsection may not be made in any

case after September 1, 1959.

(c) Forfeiture of benefits by a veteran shall not prohibit

payment of the burial allowance, death compensation, dependency and

indemnity compensation, or death pension in the event of the

veteran's death.

(d)(1) After September 1, 1959, no forfeiture of benefits may be

imposed under this section or section 6104 of this title upon any

individual who was a resident of, or domiciled in, a State at the

time the act or acts occurred on account of which benefits would,

but not for this subsection, be forfeited unless such individual

ceases to be a resident of, or domiciled in, a State before the

expiration of the period during which criminal prosecution could be

instituted. This subsection shall not apply with respect to (A) any

forfeiture occurring before September 1, 1959, or (B) an act or

acts which occurred in the Philippine Islands before July 4, 1946.

(2) The Secretary is hereby authorized and directed to review all

cases in which, because of a false or fraudulent affidavit,

declaration, certificate, statement, voucher, or paper, a

forfeiture of gratuitous benefits under laws administered by the

Secretary was imposed, pursuant to this section or prior provisions

of law, on or before September 1, 1959. In any such case in which

the Secretary determines that the forfeiture would not have been

imposed under the provisions of this section in effect after

September 1, 1959, the Secretary shall remit the forfeiture,

effective June 30, 1972. Benefits to which the individual concerned

becomes eligible by virtue of any such remission may be awarded,

upon application therefor, and the effective date of any award of

compensation, dependency and indemnity compensation, or pension

made in such a case shall be fixed in accordance with the

provisions of section 5110(g) of this title.

-SOURCE-

(Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1240, Sec. 3503; Pub. L.

86-222, Sec. 1, Sept. 1, 1959, 73 Stat. 452; Pub. L. 91-24, Sec.

13(a), June 11, 1969, 83 Stat. 34; Pub. L. 92-328, title II, Sec.

206, June 30, 1972, 86 Stat. 397; Pub. L. 98-160, title VII, Sec.

703(6), Nov. 21, 1983, 97 Stat. 1011; Pub. L. 99-576, title VII,

Sec. 701(83), Oct. 28, 1986, 100 Stat. 3298; renumbered Sec. 6103

and amended Pub. L. 102-40, title IV, Sec. 402(b)(1), (d)(1), May

7, 1991, 105 Stat. 238, 239; Pub. L. 102-54, Sec. 14(d)(8), June

13, 1991, 105 Stat. 286; Pub. L. 102-83, Sec. 4(a)(1), (b)(1),

(2)(E), Aug. 6, 1991, 105 Stat. 403-405; Pub. L. 103-446, title

XII, Sec. 1201(e)(18), (f)(5), Nov. 2, 1994, 108 Stat. 4686, 4687.)

-MISC1-

AMENDMENTS

1994 - Subsec. (d)(1). Pub. L. 103-446, Sec. 1201(e)(18), in

second sentence substituted "(A) any" for "(a) any", "(B) an act"

for "(b) an act", and "before July 4, 1946" for "prior to July 4,

1946".

Subsec. (d)(2). Pub. L. 103-446, Sec. 1201(f)(5), substituted

"June 30, 1972" for "the date of enactment of this amendatory Act".

1991 - Pub. L. 102-40, Sec. 402(b)(1), renumbered section 3503 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" in two places.

Subsec. (b). Pub. L. 102-54, Sec. 14(d)(8)(A), amended subsec.

(b) as in effect immediately before the enactment of Pub. L. 102-40

by inserting at end "An apportionment award under this subsection

may not be made in any case after September 1, 1959."

Subsec. (d)(1). Pub. L. 102-40, Sec. 402(d)(1), substituted

"6104" for "3504".

Subsec. (d)(2). Pub. L. 102-83, Sec. 4(b)(1), (2)(E), substituted

"Secretary" for "Administrator" in three places.

Pub. L. 102-83, Sec. 4(a)(1), substituted "administered by the

Secretary" for "administered by the Veterans' Administration".

Pub. L. 102-40, Sec. 402(d)(1), substituted "5110(g)" for

"3010(g)".

Subsec. (e). Pub. L. 102-54, Sec. 14(d)(8)(B), amended section as

in effect immediately before the enactment of Pub. L. 102-40 by

striking out subsec. (e) which read as follows: "No apportionment

award under subsection (b) of this section shall be made in any

case after the date of enactment of this subsection."

1986 - Subsec. (c). Pub. L. 99-576, Sec. 701(83)(A), substituted

"the veteran's" for "his".

Subsec. (d)(2). Pub. L. 99-576, Sec. 701(83)(B), substituted "the

Administrator" for "he" in two places in second sentence.

1983 - Subsec. (b). Pub. L. 98-160 substituted "the right" for

"his right", "the veteran's spouse" for "his wife", and "spouse"

for "wife" in two places.

1972 - Subsec. (d). Pub. L. 92-328 designated existing provisions

as par. (1) and added par. (2).

1969 - Subsec. (d). Pub. L. 91-24 substituted "September 1, 1959"

for "the date of enactment of this subsection" wherever appearing.

1959 - Subsecs. (d) and (e). Pub. L. 86-222 added subsecs. (d)

and (e).

EFFECTIVE DATE OF 1972 AMENDMENT

Amendment by Pub. L. 92-328 effective June 30, 1972, see section

301(c) of Pub. L. 92-328, set out as a note under section 3713 of

this title.

-End-

-CITE-

38 USC Sec. 6104 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART IV - GENERAL ADMINISTRATIVE PROVISIONS

CHAPTER 61 - PENAL AND FORFEITURE PROVISIONS

-HEAD-

Sec. 6104. Forfeiture for treason

-STATUTE-

(a) Any person shown by evidence satisfactory to the Secretary to

be guilty of mutiny, treason, sabotage, or rendering assistance to

an enemy of the United States or of its allies shall forfeit all

accrued or future gratuitous benefits under laws administered by

the Secretary.

(b) The Secretary, in the Secretary's discretion, may apportion

and pay any part of benefits forfeited under subsection (a) to the

dependents of the person forfeiting such benefits. No dependent of

any person shall receive benefits by reason of this subsection in

excess of the amount to which the dependent would be entitled if

such person were dead.

(c) In the case of any forfeiture under this section there shall

be no authority after September 1, 1959 (1) to make an

apportionment award pursuant to subsection (b) or (2) to make an

award to any person of gratuitous benefits based on any period of

military, naval, or air service commencing before the date of

commission of the offense.

-SOURCE-

(Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1240, Sec. 3504; Pub. L.

86-222, Sec. 2, Sept. 1, 1959, 73 Stat. 452; Pub. L. 91-24, Sec.

13(b), June 11, 1969, 83 Stat. 34; Pub. L. 97-295, Sec. 4(78), Oct.

12, 1982, 96 Stat. 1311; Pub. L. 99-576, title VII, Sec. 701(84),

Oct. 28, 1986, 100 Stat. 3298; renumbered Sec. 6104, Pub. L.

102-40, title IV, Sec. 402(b)(1), May 7, 1991, 105 Stat. 238; Pub.

L. 102-83, Sec. 4(a)(1), (b)(1), (2)(E), Aug. 6, 1991, 105 Stat.

403-405.)

-MISC1-

AMENDMENTS

1991 - Pub. L. 102-40 renumbered section 3504 of this title as

this section.

Subsec. (a). Pub. L. 102-83, Sec. 4(b)(1), (2)(E), substituted

"Secretary" for "Administrator".

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" and "Secretary's" for

"Administrator's".

1986 - Subsec. (b). Pub. L. 99-576 substituted "the

Administrator's" for "his" and "the dependent" for "he".

1982 - Subsec. (a). Pub. L. 97-295 inserted "to" before "be

guilty".

1969 - Subsec. (c). Pub. L. 91-24 substituted "September 1, 1959"

for "the date of enactment of this subsection".

1959 - Subsec. (c). Pub. L. 86-222 added subsec. (c).

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 6103 of this title.

-End-

-CITE-

38 USC Sec. 6105 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART IV - GENERAL ADMINISTRATIVE PROVISIONS

CHAPTER 61 - PENAL AND FORFEITURE PROVISIONS

-HEAD-

Sec. 6105. Forfeiture for subversive activities

-STATUTE-

(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).

-SOURCE-

(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.)

-MISC1-

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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 2402 of this title.

-End-

-CITE-

38 USC PART V - BOARDS, ADMINISTRATIONS, AND SERVICES 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART V - BOARDS, ADMINISTRATIONS, AND SERVICES

-HEAD-

PART V - BOARDS, ADMINISTRATIONS, AND SERVICES

-MISC1-

Chap. Sec.

71. Board of Veterans' Appeals 7101

72. United States Court of Appeals for Veterans Claims 7251

73. Veterans Health Administration - Organization and

Functions 7301

74. Veterans Health Administration - Personnel 7401

76. Health Professionals Educational Assistance Program 7601

77. Veterans Benefits Administration 7701

78. Veterans' Canteen Service 7801

AMENDMENTS

1998 - Pub. L. 105-368, title V, Sec. 512(a)(4)(B), Nov. 11,

1998, 112 Stat. 3341, substituted "Appeals for Veterans Claims" for

"Veterans Appeals" in item for chapter 72.

1991 - Pub. L. 102-83, Sec. 2(d)(3), Aug. 6, 1991, 105 Stat. 402,

added item for chapter 77.

Pub. L. 102-54, Sec. 14(e)(1), June 13, 1991, 105 Stat. 287,

inserted "United States" before "Court of Veterans Appeals" in item

for chapter 72.

Pub. L. 102-40, title IV, Secs. 402(c)(2), 403(e)(1), (f)(2), May

7, 1991, 105 Stat. 239-241, substituted "BOARDS, ADMINISTRATIONS,

AND SERVICES" for "BOARDS AND DEPARTMENTS" in part heading,

renumbered section numbers by substituting "7101" for "4001" in

item for chapter 71, "7251" for "4051" in item for chapter 72, and

"7601" for "4301" in item for chapter 76, substituted "Veterans

Health Administration - Organization and Functions" for "Department

of Medicine and Surgery" and "7301" for "4101" in item for chapter

73, added item for chapter 74, struck out item for chapter 75

"Veterans' Canteen Service", and added item for chapter 78.

1988 - Pub. L. 100-687, div. A, title III, Sec. 301(b), Nov. 18,

1988, 102 Stat. 4121, added item for chapter 72.

Pub. L. 100-322, title II, Sec. 216(e)(2), May 20, 1988, 102

Stat. 530, added item for chapter 76.

-End-