§ 5313. Limitation on payment of compensation and dependency and indemnity compensation to persons incarcerated for conviction of a felony

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1980

   Veterans’ Disability Compensation and Housing Benefits Amendments of 1980

   Pub. L. 96–385 title V § 504(a) · 94 Stat. 1528

   Enacted · 38 U.S.C. § 5313

   Added Pub. L. 96–385, title V, § 504(a), Oct. 7, 1980, 94 Stat. 1534, § 3113

   Source evidence

   Code source credit
   Added Pub. L. 96–385, title V, § 504(a), Oct. 7, 1980, 94 Stat. 1534, § 3113

   Enacted provision · exact public law section
   (a) Chapter 53 is amended by adding at the end the following new section: “§ 3113. Limitation on payment of compensation and dependency and indemnity compensation to persons incarcerated for conviction of a felony “(a) (1) To the extent provided in subsection (d) of this section, any person who is entitled to compensation or to dependency and indemnity compensation and who is incarcerated in a Federal, State, or local penal institution for a period in excess of sixty days for conviction of a felony shall not be paid such compensation or dependency and indemnity compensation, for the period beginning on the sixty-first day of such incarceration and ending on the day such incarceration ends, in an amount that exceeds— “(A) in the case of a veteran with a service-connected disability rated at 20 percent or more, the rate of compensation payable 38 USC 314. under section 314(a) of this title; or “(B) in the case of a veteran with a service-connected disability not rated at 20 percent or more or in the case of a surviving spouse, parent, or child, one-half of the rate of compensation payable under section 314(a) of this title. “(2) The provisions of paragraph (1) of this section shall not apply with respect to any period during which a person is participating in a work-release program or is residing in a halfway house. “(b) (1) All or any part of the compensation not paid to a veteran by reason of subsection (a) of this section may, as appropriate in an individual case, be apportioned under the same terms and conditions 38 USC 3107. as are provided under section 3107 of this title. “(2) All or any part of the dependency and indemnity compensation not paid to a surviving spouse or child by reason of subsection (a) of this section may, as appropriate in an individual case, be apportioned as follows: “(A) In the case of dependency and indemnity compensation not paid to a surviving spouse, any apportionment shall be to the surviving child or children. “(B) In the case of dependency and indemnity compensation not paid to a surviving child, any apportionment shall be to the surviving spouse or other surviving children, as applicable. “(3) No apportionment may be made under this subsection to or on behalf of any person who is incarcerated in a Federal, State, or local penal institution for conviction of a felony. “(c) The Administrator shall not assign to any veteran a rating of total disability based on the individual unemployability of the veteran resulting from a service-connected disability during any period during which the veteran is incarcerated in a Federal, State, or local penal institution for conviction of a felony. “(d) The provisions of subsection (a) of this section shall apply (1) with respect to any period of incarceration of a person for conviction of a felony committed after the date of the enactment of this section, and (2) with respect to any period of incarceration on or after October 1, 1980, for conviction of a felony of a person who on October 1, 1980, is incarcerated for conviction of such felony and with respect to whom the action granting an award of compensation or dependency and indemnity compensation is taken on or after such date. “(e) For purposes of this section— “(1) The term ‘compensation’ includes disability compensation “Compensation.” 38 USC 351. “Dependency and indemnity compensation.” 38 USC 321, 341. 38 USC 351. 38 USC 401 et seq. payable under section 351 of this title. “(2) The term ‘dependency and indemnity compensation’ means death compensation payable under section 321 or 341 of this title, death compensation and dependency and indemnity compensation payable under section 351 of this title, and any benefit payable under chapter 13 of this title.”.

2. 1983

   Veterans’ Health Care Amendments of 1983

   Pub. L. 98–160 title VII § 702(17) · 97 Stat. 993

   Substituted · 38 U.S.C. § 5313(a)(2)

   Pub. L. 98–160 substituted “paragraph (1) of this subsection” for “paragraph (1) of this section”

   Source evidence

   Code amendment note
   Subsec. (a)(2). Pub. L. 98–160 substituted “paragraph (1) of this subsection” for “paragraph (1) of this section”.

   Enacted provision · exact public law section
   (17) Section 3113(a)(2) is amended by striking out “section” and inserting in lieu thereof “subsection”.

3. 1991

   Department of Veterans Affairs Health-Care Personnel Act of 1991

   Pub. L. 102–40 § 402(b)(1) · 105 Stat. 187

   Changed · 38 U.S.C. § 5313

   Pub. L. 102–40, § 402(b)(1), renumbered section 3113 of this title as this section

   Source evidence

   Code amendment note
   Pub. L. 102–40, § 402(b)(1), renumbered section 3113 of this title as this section.

   Enacted provision · exact public law section
   (1) Each section contained in any of chapters 51, 53, 55, 57, 59, 61, 71, 72, 76, 78 (as redesignated by subsection (a)), 81, 83, and 85 is redesignated so that the first two digits of the section number of that section are the same as the chapter number of the chapter containing that section.

4. 1991

   Department of Veterans Affairs Health-Care Personnel Act of 1991

   Pub. L. 102–40 § 402(d)(1) · 105 Stat. 187

   Substituted · 38 U.S.C. § 5313(b)(1)

   Pub. L. 102–40, § 402(d)(1), substituted “5307” for “3107”

   Source evidence

   Code amendment note
   Subsec. (b)(1). Pub. L. 102–40, § 402(d)(1), substituted “5307” for “3107”.

   Enacted provision · exact public law section
   (1) Each provision of title 38, United States Code, that contains a reference to a section redesignated by section 401(a)(4) or by subsection (b) is amended so that the reference refers to the section as redesignated.

5. 1991

   Pub. L. 102–83 § 5(c)(1) · 105 Stat. 378

   Substituted · 38 U.S.C. § 5313(a)(1)

   Pub. L. 102–83, § 5(c)(1), substituted “1114(a)” for “314(a)” in subpars. (A) and (B)

   Source evidence

   Code amendment note
   Subsec. (a)(1). Pub. L. 102–83, § 5(c)(1), substituted “1114(a)” for “314(a)” in subpars. (A) and (B).

   Enacted provision · exact public law section
   (1) Each provision of title 38, United States Code, that contains a reference to a section redesignated by subsection (a) is amended so that the reference refers to the section as redesignated.

6. 1991

   Pub. L. 102–83 § 4(b)(1) · 105 Stat. 378

   Substituted · 38 U.S.C. § 5313(c)

   Pub. L. 102–83, § 4(b)(1), (2)(E), substituted “Secretary” for “Administrator”

   Source evidence

   Code amendment note
   Subsec. (c). Pub. L. 102–83, § 4(b)(1), (2)(E), substituted “Secretary” for “Administrator”.

   Enacted provision · exact public law section
   (1) Title 38 is further amended by striking out “Administrator” and “Administrator’s” each place they appear (except as provided in paragraphs (2) and (9) and including where they appear in section headings and tables of sections) and inserting in lieu thereof “Secretary” and “Secretary’s”, respectively.

7. 1991

   Pub. L. 102–83 § 5(c)(1) · 105 Stat. 378

   1. Substituted · 38 U.S.C. § 5313(e)

      Pub. L. 102–83, § 5(c)(1), substituted “1151” for “351” “341”, and “351”, respectively, in par. (2)

   2. Substituted · 38 U.S.C. § 5313(e)

      Pub. L. 102–83, § 5(c)(1), substituted “1151” for “321” “341”, and “351”, respectively, in par. (2)

   Source evidence

   Code amendment note
   Subsec. (e). Pub. L. 102–83, § 5(c)(1), substituted “1151” for “351” in par. (1) and “1121”, “1141”, and “1151” for “321”, “341”, and “351”, respectively, in par. (2).

   Enacted provision · exact public law section
   (1) Each provision of title 38, United States Code, that contains a reference to a section redesignated by subsection (a) is amended so that the reference refers to the section as redesignated.

8. 1998

   Pub. L. 105–368 title X § 1005(b)(16) · 112 Stat. 3315

   Substituted · 38 U.S.C. § 5313(d)(1)

   Pub. L. 105–368 substituted “October 7, 1980,” for “the date of the enactment of this section,”

   Source evidence

   Code amendment note
   Subsec. (d)(1). Pub. L. 105–368 substituted “October 7, 1980,” for “the date of the enactment of this section,”.

   Enacted provision · exact public law section
   (16) Section 5313(d)(1) is amended by striking “the date of the enactment of this section,” and inserting “October 7, 1980,”.

9. 2006

   Veterans Benefits, Health Care, and Information Technology Act of 2006

   Pub. L. 109–461 title X § 1002(f) · 120 Stat. 3403

   Substituted · 38 U.S.C. § 5313(a)(1); 38 U.S.C. § 5313(b)(3); 38 U.S.C. § 5313(a)(c)

   Pub. L. 109–461 substituted “local, or other penal institution or correctional facility” for “or local penal institution”

   Source evidence

   Code amendment note
   Subsecs. (a)(1), (b)(3), (c). Pub. L. 109–461 substituted “local, or other penal institution or correctional facility” for “or local penal institution”.

   Enacted provision · exact public law section
   (f) Limitation on Payment of Compensation and Dependency and Indemnity Compensation.— Section 5313 is amended by striking “or local penal institution” each place it appears and inserting “local, or other penal institution or correctional facility”.

10 of 10 references resolved to an enrolled provision