Title 38 — Veterans’ Benefits
Part IV · Chapter 53 — Special Provisions Relating to Benefits
§ 5313A. Limitation on payment of clothing allowance to incarcerated veterans
Statutory text
In the case of a veteran who is incarcerated in a Federal, State, local, or other penal institution or correctional facility for a period in excess of 60 days and who is furnished clothing without charge by the institution, the amount of any annual clothing allowance payable to the veteran under section 1162 of this title shall be reduced by an amount equal to 1⁄365 of the amount of the allowance otherwise payable under that section for each day on which the veteran was so incarcerated during the 12-month period preceding the date on which payment of the allowance would be due. This section shall be carried out under regulations prescribed by the Secretary.
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.
Veterans’ Benefits Improvements Act of 1996
Pub. L. 104–275 title V § 502(a) · 110 Stat. 3322
Enacted · 38 U.S.C. § 5313A
Added Pub. L. 104–275, title V, § 502(a), Oct. 9, 1996, 110 Stat. 3341
Source evidence
Code source credit
Added Pub. L. 104–275, title V, § 502(a), Oct. 9, 1996, 110 Stat. 3341Enacted provision · exact public law section
(a) Pro Rata Reduction.— Chapter 53 is amended by inserting after section 5313 the following new section: “§ 5313A. Limitation on payment of clothing allowance to incarcerated veterans “In the case of a veteran who is incarcerated in a Federal, State, or local penal institution for a period in excess of 60 days and who is furnished clothing without charge by the institution, the amount of any annual clothing allowance payable to the veteran under section 1162 of this title shall be reduced by an amount equal to 1/365 of the amount of the allowance otherwise payable under that section for each day on which the veteran was so incarcerated during the 12-month period preceding the date on which payment of the allowance would be due. This section shall Regulations. be carried out under regulations prescribed by the Secretary.”.Veterans Benefits, Health Care, and Information Technology Act of 2006
Pub. L. 109–461 title X § 1002(g) · 120 Stat. 3403
Substituted · 38 U.S.C. § 5313A
Pub. L. 109–461 substituted “local, or other penal institution or correctional facility” for “or local penal institution”
Source evidence
Code amendment note
Pub. L. 109–461 substituted “local, or other penal institution or correctional facility” for “or local penal institution”.Enacted provision · exact public law section
(g) Limitation on Payment of Clothing Allowance.— Section 5313A is amended by striking “or local penal institution” and inserting “local, or other penal institution or correctional facility”.
2 of 2 references resolved to an enrolled provision
Editorial Notes
Amendments
2006—Pub. L. 109–461 substituted “local, or other penal institution or correctional facility” for “or local penal institution”.
Credits
1996–2006 · 2 acts
- 1996Added Pub. L. 104–275, title V, § 502(a), , 110 Stat. 3341
- 2006amended Pub. L. 109–461, title X, § 1002(g), , 120 Stat. 3465.
Show as published
(Added Pub. L. 104–275, title V, § 502(a), , 110 Stat. 3341; amended Pub. L. 109–461, title X, § 1002(g), , 120 Stat. 3465.)