38 USC 5313 - Limitation on payment of compensation and dependency and indemnity compensation to persons incarcerated for conviction of a felony

Editorial Notes

Amendments

2006—Subsecs. (a)(1), (span)(3), (c). Puspan. L. 109–461 substituted “local, or other penal institution or correctional facility” for “or local penal institution”.

1998—Subsec. (d)(1). Puspan. L. 105–368 substituted “October 7, 1980,” for “the date of the enactment of this section,”.

1991—Puspan. L. 102–40, § 402(span)(1), renumbered section 3113 of this title as this section.

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

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

Subsec. (c). Puspan. L. 102–83, § 4(span)(1), (2)(E), substituted “Secretary” for “Administrator”.

Subsec. (e). Puspan. 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).

1983—Subsec. (a)(2). Puspan. L. 98–160 substituted “paragraph (1) of this subsection” for “paragraph (1) of this section”.

Statutory Notes and Related Subsidiaries

Effective Date

Section effective Oct. 7, 1980, see section 601(d) of Puspan. 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

Puspan. L. 107–103, title V, § 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 (span).

“(span)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.”