116th CONGRESS 1st Session |
To exempt from the calculation of monthly income certain benefits paid by the Department of Veterans Affairs and the Department of Defense.
March 6, 2019
Ms. Baldwin (for herself, Mr. Cornyn, Mr. Tester, Mr. Isakson, Mr. Jones, Mr. Tillis, Mrs. Feinstein, Ms. Ernst, Mr. Leahy, Mr. Grassley, Ms. Smith, Mr. Cramer, Mr. Durbin, Mr. Moran, Ms. Klobuchar, Mr. Cotton, Ms. Duckworth, Mr. Rubio, Mrs. Shaheen, and Mr. Rounds) introduced the following bill; which was read twice and referred to the Committee on the Judiciary
To exempt from the calculation of monthly income certain benefits paid by the Department of Veterans Affairs and the Department of Defense.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
This Act may be cited as the “Honoring American Veterans in Extreme Need Act of 2019” or the “HAVEN Act”.
SEC. 2. Definition of current monthly income.
Section 101(10A) of title 11, United States Code, is amended by striking subparagraph (B) and inserting the following:
“(B) (i) includes any amount paid by any entity other than the debtor (or in a joint case the debtor and the debtor's spouse), on a regular basis for the household expenses of the debtor or the debtor's dependents (and in a joint case the debtor's spouse if not otherwise a dependent); and
“(I) benefits received under the Social Security Act (42 U.S.C. 301 et seq.);
“(II) payments to victims of war crimes or crimes against humanity on account of their status as victims of such crimes;
“(III) payments to victims of international terrorism or domestic terrorism, as those terms are defined in section 2331 of title 18, on account of their status as victims of such terrorism; and
“(IV) any monthly compensation, pension, pay, annuity, or allowance paid under title 10, 37, or 38 in connection with a disability, combat-related injury or disability, or death of a member of the uniformed services, except that any retired pay excluded under this subclause shall include retired pay paid under chapter 61 of title 10 only to the extent that such retired pay exceeds the amount of retired pay to which the debtor would otherwise be entitled if retired under any provision of title 10 other than chapter 61 of that title.”.