§ 5313. — Limitation on payment of compensation and dependency and indemnity compensation to persons incarcerated for conviction of a felony.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 38USC5313]
TITLE 38--VETERANS' BENEFITS
PART IV--GENERAL ADMINISTRATIVE PROVISIONS
CHAPTER 53--SPECIAL PROVISIONS RELATING TO BENEFITS
Sec. 5313. 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 under
section 1114(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 1114(a) of this title.
(2) The provisions of paragraph (1) of this subsection 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 as
are provided under section 5307 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 Secretary 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 October 7, 1980, 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
payable under section 1151 of this title.
(2) The term ``dependency and indemnity compensation'' means
death compensation payable under section 1121 or 1141 of this title,
death compensation and dependency and indemnity compensation payable
under section 1151 of this title, and any benefit payable under
chapter 13 of this title.
(Added Pub. L. 96-385, title V, Sec. 504(a), Oct. 7, 1980, 94 Stat.
1534, Sec. 3113; amended Pub. L. 98-160, title VII, Sec. 702(17), Nov.
21, 1983, 97 Stat. 1010; renumbered Sec. 5313 and amended Pub. L. 102-
40, title IV, Sec. 402(b)(1), (d)(1), May 7, 1991, 105 Stat. 238, 239;
Pub. L. 102-83, Secs. 4(b)(1), (2)(E), 5(c)(1), Aug. 6, 1991, 105 Stat.
404-406; Pub. L. 105-368, title X, Sec. 1005(b)(16), Nov. 11, 1998, 112
Stat. 3365.)
Amendments
1998--Subsec. (d)(1). Pub. L. 105-368 substituted ``October 7,
1980,'' for ``the date of the enactment of this section,''.
1991--Pub. L. 102-40, Sec. 402(b)(1), renumbered section 3113 of
this title as this section.
Subsec. (a)(1). Pub. L. 102-83, Sec. 5(c)(1), substituted
``1114(a)'' for ``314(a)'' in subpars. (A) and (B).
Subsec. (b)(1). Pub. L. 102-40, Sec. 402(d)(1), substituted ``5307''
for ``3107''.
Subsec. (c). Pub. L. 102-83, Sec. 4(b)(1), (2)(E), substituted
``Secretary'' for ``Administrator''.
Subsec. (e). Pub. L. 102-83, Sec. 5(c)(1), substituted ``1151'' for
``351'' in par. (1) and ``1121'', ``1141'', and ``1151'' for ``321'',
``341'', and ``351'', respectively, in par. (2).
1983--Subsec. (a)(2). Pub. L. 98-160 substituted ``paragraph (1) of
this subsection'' for ``paragraph (1) of this section''.
Effective Date
Section effective Oct. 7, 1980, see section 601(d) of Pub. L. 96-
385, set out as an Effective Date of 1980 Amendment note under section
1114 of this title.
Limitation on Payment of Compensation for Veterans Remaining
Incarcerated Since October 7, 1980
Pub. L. 107-103, title V, Sec. 506, Dec. 27, 2001, 115 Stat. 996,
provided that:
``(a) Limitation.--Section 5313 of title 38, United States Code,
other than subsection (d) of that section, shall apply with respect to
the payment of compensation to or with respect to any veteran described
in subsection (b).
``(b) Covered Veterans.--A veteran described in this subsection is a
veteran who is entitled to compensation and who--
``(1) on October 7, 1980, was incarcerated in a Federal, State,
or local penal institution for a felony committed before that date;
and
``(2) remains so incarcerated for conviction of that felony as
of the date of the enactment of this Act [Dec. 27, 2001].
``(c) Effective Date.--This section shall apply with respect to the
payment of compensation for months beginning on or after the end of the
90-day period beginning on the date of the enactment of this Act [Dec.
27, 2001].
``(d) Compensation Defined.--For purposes of this section, the term
`compensation' has the meaning given that term in section 5313 of title
38, United States Code.''
