II

106TH CONGRESS

2D SESSION S. 3010

To amend title 38, United States Code, to improve procedures for the determination of the inability of veterans to defray expenses of necessary

medical care, and for other purposes.

IN THE SENATE OF THE UNITED STATES

SEPTEMBER 6, 2000

Mr. GRASSLEY introduced the following bill; which was read twice and referred

to the Committee on Veterans’ Affairs

A BILL

To amend title 38, United States Code, to improve procedures for the determination of the inability of veterans

to defray expenses of necessary medical care, and for

other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. IMPROVEMENT OF PROCEDURES FOR DETER4 MINATION OF INABILITY TO DEFRAY EX5 PENSES OF NECESSARY MEDICAL CARE.

6 (a) EXCLUSION OF CERTAIN ASSETS FROM ATTRIB7 UTABLE INCOME AND CORPUS OF ESTATES.—Subsection
2

•S 3010 IS

1 (f) of section 1722 of title 38, United States Code, is

2 amended—

3 (1) in paragraph (1), by inserting before the pe4 riod at the end the following: ‘‘, except that such in5 come shall not include the value of any real property

6 of the veteran or the veteran’s spouse or dependent

7 children, if any, or any income of the veteran’s de8 pendent children, if any’’; and

9 (2) in paragraph (2), by striking ‘‘the estates’’

10 and all that follows and inserting ‘‘the estate of the

11 veteran’s spouse, if any, but does not include any

12 real property of the veteran, the veteran’s spouse, or

13 any dependent children of the veteran, nor any in14 come of dependent children of the veteran.’’.

15 (b) ALTERNATIVE YEAR FOR DETERMINATION OF

16 ATTRIBUTABLE INCOME.—That section is further amend17 ed by adding at the end the following new subsection:

18 ‘‘(h) For purposes of determining the attributable in19 come of a veteran under this section, the Secretary may

20 determine the attributable income of the veteran for the

21 year preceding the previous year, rather than for the pre22 vious year, if the Secretary finds that available data do

23 not permit a timely determination of the attributable in24 come of the veteran for the previous year for such pur25 poses.’’.
3

•S 3010 IS

1 (c) USE OF INCOME INFORMATION FROM CERTAIN

2 OTHER FEDERAL AGENCIES.—Section 5317 of that title

3 is amended—

4 (1) by redesignating subsections (f) and (g) as

5 subsections (g) and (h), respectively; and

6 (2) by inserting after subsection (e) the fol7 lowing new subsection (f):

8 ‘‘(f) In addition to any other activities under this sec9 tion, the Secretary may utilize income information ob10 tained under this section from the Secretary of Health and

11 Human Services or the Secretary of the Treasury for the

12 purpose of determining the attributable income of a vet13 eran under section 1722 of this title, in lieu of obtaining

14 income information directly from the veteran for that pur15 pose.’’.

16 (d) PERMANENT AUTHORITY TO OBTAIN INFORMA17 TION.—(1) Section 5317 of that title, as amended by sub18 section (c), is further amended by striking subsection (h).

19 (2) Section 6103(l)(7)(D) of the Internal Revenue

20 Code of 1986 (26 U.S.C. 6103(l)(7)(D)) is amended in

21 the flush matter at the end by striking the second sen22 tence.

Æ