38 U.S.C. § 6104
Section 6104 · Forfeiture for treason
Amended 8 times on record
Applied in 14 court decisions — leading case National Organization of Veterans' Advocates, Inc. v. Secretary of Veterans Affairs (2003)
Most recently applied in Taylor v. McDonough (June 2021)
How often courts cite this section
Court decisions citing this, by year.Markers show enactment, consequential amendments, and circuit splits over this section — watch for a citation surge after a change or a disagreement. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.
(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, air, or space service commencing before the date of commission of the offense.
Editorial notes U.S. Code · Office of the Law Revision Counsel
Editorial Notes
Amendments
2021—Subsec. (c). Pub. L. 116–283 substituted "air, or space service" for "or air service".
1991—Pub. L. 102–40 renumbered section 3504 of this title as this section.
Subsec. (a). Pub. L. 102–83, §4(b)(1), (2)(E), substituted "Secretary" for "Administrator".
Pub. L. 102–83, §4(a)(1), substituted "administered by the Secretary" for "administered by the Veterans' Administration".
Subsec. (b). Pub. L. 102–83, §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).