1ST SESSION
S. _______
Closing a loophole in Section 659 of US Code Title 42 will solve one of the problems causing veterans to die by SUICIDE.
IN THE SENATE OF THE UNITED STATES
Veterans Turn the Tide of SUICIDE Act
Presented by
VeteranHope.org
and
Operation Firing For Effect
A BILL
To protect children from the loss of their veteran parents to SUICIDE by amending Section 659 of US Code Title 42 because Veteran Benefits are exempt from Title IV-D, regardless of military retirement status.
The Veterans Judicial Review Act (VJRA) Public Law 100-687 (1988) reaffirmed the exclusive federal control and the complete preemption of state jurisdiction which is currently expressed in 38 U.S.C. § 511 pursuant to Article I § 8 of the Constitution.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the “Veterans Turn the Tide of SUICIDE Act” or as the “Veteran Suicide Prevention Act of 20_____”.
SECTION 2. FINDINGS.
Tens of thousands of children are suffering hardship and trauma over the loss of their veteran parents to suicide caused by predatory fraud and disability discrimination against veterans in state courts.
Title 38 has NEVER been part of the Social Security Act and has NEVER been placed under control of the welfare system.
Pursuant to the Constitution, every aspect of jurisdiction on Title 38 Veteran Benefits has been assigned to federal authorities and federal courts exclusively, thereby eliminating the possibility of State jurisdiction.
States have NEVER been assigned jurisdiction to decide how benefits would be distributed between veterans and their dependents.
States have NO right to federal veteran benefits and NO power to collect money from veteran benefits, regardless of military retirement.
SECTION 3. PURPOSE.
The purpose of this Bill is to close a loophole in order to protect thousands of children from the loss of their veteran parents to suicide.
This does not require any increase in federal spending because it is a simple matter of legislative housekeeping.
Furthermore, this will significantly reduce the overall cost of welfare by having less children falling into the system because of veteran SUICIDE.
SECTION 4. FEDERAL PREEMPTION
Complete Federal Preemption was absolutely necessary to;
A) provide a uniform line of jurisdiction to decide VA claims and appeals;
B) to keep the VA from being a collection agency; and
C) to protect all VA beneficiaries from the harm of outside interference “by ANY other official or by ANY court.”
The precise amendment of 38 U.S.C. § 211 by the VJRA, and the plain text of positive law 38 U.S.C. § 511, stand as Legal Evidence of Law which is PROOF of the Clear and Unmistakable Intent to protect VA beneficiaries.
Title IV-D (42 U.S.C. §§ 651-669a) is a program to provide states with federal funding based on their performance of a collection system designed to repay the states for welfare expenses by making child support orders.
Veteran benefits have ALWAYS been a totally separate federal system that has NEVER been part of state jurisdiction.
States have NO right to make money by collecting veteran benefits.
Section 659 has NO effect on Title 38 because it has NO effect on the complete preemption of state jurisdiction.
SECTION 5. REMOVE THE DEAD LETTER PART OF § 659
Section 659 of US Code Title 42 is hereby amended by removing the words "and section 5301 of title 38" from part (a), and by completely removing part (h)(1)(A)(ii)(V).
SECTION 6. MONEYS NOT SUBJECT TO PROCESS
Part (h)(1)(B)(iii) of Section 659 of US Code Title 42 is hereby amended to read “All of the benefits provided by the Department of Veterans Affairs are exempt from state jurisdiction, thereby exempt from Title IV-D.”
SECTION 7. EFFECTIVE DATE OF THIS ACT
This amendment shall be effective immediately upon enactment.