Public Law 116-52 | Public Law 116–52: To exempt from the calculation of monthly income certain benefits paid by the Department of Veterans Affairs and the Department of Defense.

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PUBLIC LAW 116–52—AUG. 23, 2019

133 STAT. 1076

Public Law

116–52

116th Congress

An Act

To exempt from the calculation of monthly income certain benefits paid by the Department of Veterans Affairs and the Department of Defense.

Aug. 23, 2019

[H.R. 2938]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

Honoring American Veterans in Extreme Need Act of 2019.

11 USC 101 note.

SECTION 1.

SHORT TITLE.

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

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

“(ii)

excludes—

“(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.”

SEC. 3.

DETERMINATION OF BUDGETARY EFFECTS.

The budgetary effects of this Act, for the purpose of complying with the Statutory Pay-As-You-Go Act of 2010, shall be determined by reference to the latest statement titled “Budgetary Effects of 133 STAT. 1077 PAYGO Legislation” for this Act, submitted for printing in the Congressional Record by the Chairman of the House Budget Committee, provided that such statement has been submitted prior to the vote on passage.

Approved August 23, 2019.

LEGISLATIVE HISTORY—H.R. 2938:

HOUSE REPORTS: ┐No. 116–169 (Comm. on the Judiciary).

CONGRESSIONAL RECORD, Vol. 165 (2019):

July 23, considered and passed House.

Aug. 1, considered and passed Senate.

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