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1 1 (February 16, 2021)

handle is hein.crs/govecgc0001 and id is 1 raw text is: Cogesoa esac evc Infrmin the eiltv deat inc11 February 16, 2021 Veteran Involvement in the U.S. Capitol Breach: Possible Effects on VA Benefits Overview On January 6, 2021, a crowd gathered on the U.S. Capitol grounds, breached security, entered and occupied portions of the Capitol building, and damaged federal property. The breach resulted in injuries to nearly 140 District of Columbia Metropolitan and U.S. Capitol Police officers. In addition, the breach led to at least five deaths. According to some media reports' analysis of the Department of Justice's list of individuals charged, approximately 20% of those involved in the disturbances at the U.S. Capitol have served or are currently serving in the U.S. military. This In Focus discusses how a veteran's involvement in the events of January 6 could affect, terminate, or ultimately bar a veteran from access to benefits provided by the Department of Veterans Affairs (VA) or the Department of Defense (DOD). Forfeiture of VA Benefits Title 38 of the U.S. Code governs VA benefits for veterans and their dependents. Under Sections 6104 and 6105, veterans and other individuals receiving VA benefits who commit mutiny or treason or who are convicted of subversive activities, as listed in Section 6105(b), forfeit their right to VA benefits, including health care, disability compensation, educational benefits, and burial benefits. In addition, individuals who forfeit their VA benefits because they are convicted of engaging in subversive activities also forfeit their dependents' entitlement to VA benefits, including dependency and indemnity compensation (DIC), educational benefits, and burial benefits. Forfeiture for Treason or Mutiny (38 U.S.C. §6104) Section 6104 of Title 38 applies to individuals guilty of mutiny, treason, sabotage, or rendering assistance to an enemy of the United States. Forfeiture of benefits under this section does not require an individual to be convicted in a court of law. Instead, when the Secretary of VA, on the basis of satisfactory evidence, determines that an individual is guilty of one of these offenses, that individual forfeits the right to VA benefits. The Secretary has discretion to continue payments to the dependents of an individual who forfeits benefits under this section. Forfeiture for Subversive Activities (38 U.S.C. §6105) Like Section 6104, Section 6105 provides that individuals who commit certain offenses forfeit their right to VA benefits. Specifically, it applies to individuals who are convicted of subversive activities, a list of federal crimes under Titles 18, 42, and 50 of the U.S. Code and offenses under the Uniform Code of Military Justice (UCMJ). As potentially relevant to the January 6 breach of the U.S. Capitol, these offenses include rebellion or insurrection (18 U.S.C. §2383), seditious conspiracy (18 U.S.C. §2384), advocating the overthrow of government (18 U.S.C. §2385), and mutiny or sedition (Art. 94, UCMJ; 10 U.S.C. §894). Section 6105 requires the Attorney General (for federal crimes) and the Secretaries of Defense and Homeland Security (for UCMJ offenses) to notify VA when a veteran is indicted or convicted of a listed offense. Although Sections 6104 and 6105 both result in the forfeiture of benefits by veterans who commit certain offenses, they differ in a couple key ways. First, for Section 6105 to apply, an individual must be convicted of a listed offense by a court or military court-martial. In contrast, Section 6104 requires only a determination by the VA Secretary that the individual is guilty of the listed offenses. Second, while the VA Secretary has discretion to continue payments to the dependents of an individual who forfeits benefits under Section 6104, conviction of an offense under Section 6105 terminates both an individual's right to VA benefits and the right of dependents to VA benefits. Effect of Conviction and Incarceration In addition to the forfeiture provisions for mutiny, treason, or subversive activities, VA is to reduce or suspend the monthly benefits of individuals convicted of other certain crimes who are incarcerated for more than 60 days. Under Title 38, Section 5313, of the U.S. Code and Title 38, Section 3.665, of the Code of Federal Regulations, if a veteran receiving disability compensation or an individual receiving DIC is convicted of a felony and incarcerated for more than 60 days, VA is to reduce that individual's monthly compensation payment effective the 61St day of incarceration. For a veteran with a disability rating of 20% or higher, VA is to reduce the monthly payment to the 10% level under Title 38, Section 1114(a), of the U.S. Code. For a veteran with a 10% disability level, or for a nonveteran receiving DIC, VA is to reduce the individual's monthly payment by 50%. An incarcerated individual's dependents may apply for the remaining balance of the individual's compensation through a process called apportionment. VA is to resume the pension payments upon the individual's release so long as the individual notifies VA within one year of release. The individual is not, however, permitted to receive retroactive payments for the benefits withheld during incarceration. Under Title 38, Section 1505(a), of the U.S. Code and Title 38, Section 3.666, of the Code of Federal Regulations, if an individual receiving a VA disability or death pension is incarcerated following conviction of a felony or misdemeanor, VA is to suspend payment of the pension effective the 61St day of imprisonment. The incarcerated ittps://Crsreports.congress.gt S

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