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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.

  1. 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. 3341

    Enacted 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.”.

  2. 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
  1. 1996Added Pub. L. 104–275, title V, § 502(a), , 110 Stat. 3341
  2. 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.)

Parsed from the official OLRC USLM XML in data/usc_all/usc38.xml · release point 119-108 · OLRC build 2026-09-09

USLM identifier /us/usc/t38/s5313A