IIB 

111TH CONGRESS 

2D SESSION H. R. 6132 

IN THE SENATE OF THE UNITED STATES 

SEPTEMBER 29, 2010 

Received; read twice and referred to the Committee on Veterans’ Affairs 

AN ACT 

To amend title 38, United States Code, to establish a transition program for new veterans, to improve the disability 

claim system, 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, 


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1 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

2 (a) SHORT TITLE.—This Act may be cited as the 

3 ‘‘Veterans Benefits and Economic Welfare Improvement 

4 Act of 2010’’. 

5 (b) TABLE OF CONTENTS.—The table of contents for 

6 this Act is as follows: 

Sec. 1. Short title; table of contents. 

Sec. 2. Military transition program. 

Sec. 3. Waiver of claim development period for claims under laws administered 

by Secretary of Veterans Affairs. 

Sec. 4. Tolling of timing of review for appeals of final decisions of Board of 

Veterans’ Appeals. 

Sec. 5. Exclusion of certain amounts from determination of annual income with 

respect to pensions for veterans and surviving spouses and children of veterans. 

Sec. 6. Extension of authority of Secretary of Veterans Affairs to obtain certain 

income information from other agencies. 

Sec. 7. VetStar Award program. 

Sec. 8. Increase in amount of pension for Medal of Honor recipients. 

Sec. 9. Compliance with Statutory Pay-As-You-Go Act of 2010. 

7 SEC. 2. MILITARY TRANSITION PROGRAM. 

8 (a) IN GENERAL.—Chapter 41 of title 38, United 

9 States Code, is amended by inserting after section 4114 

10 the following new section: 

11 ‘‘§ 4115. Military transition program 

12 ‘‘(a) ESTABLISHMENT; ELIGIBILITY.—(1) Subject to 

13 the availability of appropriations for such purpose, the 

14 Secretary of Veterans Affairs and the Assistant Secretary 

15 of Labor for Veterans’ Employment and Training shall 

16 jointly carry out a program of training to provide eligible 

17 veterans with skills relevant to the job market. 


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1 ‘‘(2) For purposes of this section, the term ‘eligible 

2 veteran’ means any veteran whom the Secretary of Vet3 erans Affairs determines— 

4 ‘‘(A) is not otherwise eligible for education or 

5 training services under this title; 

6 ‘‘(B) has not acquired a marketable skill since 

7 being separated or released from service in the 

8 Armed Forces; 

9 ‘‘(C) was discharged under honorable condi10 tions; and 

11 ‘‘(D)(i) has been unemployed for at least 90 

12 days during the 180-day period preceding the date 

13 of application for the program established under this 

14 section; or 

15 ‘‘(ii) during such 180-day period received a 

16 maximum hourly rate of pay of not more than 150 

17 percent of the Federal minimum wage. 

18 ‘‘(b) APPRENTICESHIP OR ON-THE-JOB TRAINING

19 PROGRAM.—The program established under this section 

20 shall provide for payments to employers who provide for 

21 eligible veterans a program of apprenticeship or on-the22 job training if— 

23 ‘‘(1) such program is approved as provided in 

24 paragraph (1) or (2) of section 3687(a) of this title; 


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1 ‘‘(2) the rate of pay for veterans participating 

2 in the program is not less than the rate of pay for 

3 nonveterans in similar jobs; and 

4 ‘‘(3) the Assistant Secretary of Labor for Vet5 erans’ Employment and Training reasonably expects 

6 that— 

7 ‘‘(A) the veteran will be qualified for em8 ployment in that field upon completion of train9 ing; and 

10 ‘‘(B) the employer providing the program 

11 will continue to employ the veteran at the com12 pletion of training. 

13 ‘‘(c) PAYMENTS TO EMPLOYERS.—(1) Subject to the 

14 availability of appropriations for such purpose, the Assist15 ant Secretary of Labor for Veterans’ Employment and 

16 Training shall enter into contracts with employers to pro17 vide programs of apprenticeship or on-the-job training 

18 that meet the requirements of this section. Each such con19 tract shall provide for the payment of the amounts de20 scribed in paragraph (2) to employers whose programs 

21 meet such requirements. 

22 ‘‘(2) The amount paid under this section with respect 

23 to any eligible veteran for any period shall be 50 percent 

24 of the wages paid by the employer to such veteran for such 

25 period. Wages shall be calculated on an hourly basis. 


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1 ‘‘(3)(A) Except as provided in subparagraph (B)— 

2 ‘‘(i) the amount paid under this section with re3 spect to a veteran participating in the program es4 tablished under this section may not exceed $20,000 

5 in the aggregate or $1,666.67 per month; and 

6 ‘‘(ii) such payments may only be made during 

7 the first 12 months of such veteran’s participation 

8 in the program. 

9 ‘‘(B) In the case of a veteran participating in the pro10 gram on a less than full-time basis, the Assistant Sec11 retary of Labor for Veterans’ Employment and Training 

12 may extend the number of months of payments under sub13 paragraph (A) and proportionally adjust the amount of 

14 such payments, but the aggregate amount paid with re15 spect to such veteran may not exceed $20,000 and the 

16 maximum number of months of such payments may not 

17 exceed 24 months. 

18 ‘‘(4) Payments under this section shall be made on 

19 a quarterly basis. 

20 ‘‘(5) Each employer providing a program of appren21 ticeship or on-the-job training pursuant to this section 

22 shall submit to the Assistant Secretary of Labor for Vet23 erans’ Employment and Training on a quarterly basis a 

24 report certifying the wages paid to eligible veterans under 

25 such program (which shall be certified by the veteran as 


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1 being correct) and containing such other information as 

2 the Assistant Secretary may specify. Such report shall be 

3 submitted in the form and manner required by the Assist4 ant Secretary. 

5 ‘‘(d) AUTHORIZATION OF APPROPRIATIONS.—There 

6 is authorized to be appropriated to carry out this section 

7 $10,000,000 for each fiscal year for which the program 

8 is carried out. 

9 ‘‘(e) REPORTING.—The Secretary of Veterans Af10 fairs, in coordination with the Assistant Secretary of 

11 Labor for Veterans’ Employment and Training, shall in12 clude a description of activities carried out under this sec13 tion in the annual report prepared submitted under sec14 tion 529 of this title. 

15 ‘‘(f) TERMINATION.—The authority to carry out a 

16 program under this section shall terminate on September 

17 30, 2016.’’. 

18 (b) CLERICAL AMENDMENT.—The table of sections 

19 at the beginning of such chapter is amended by inserting 

20 after the item relating to section 4114 the following new 

21 item: 

‘‘4115. Military transition program.’’. 

22 (c) CONFORMING AMENDMENTS.—(1) Subsection 

23 (a)(1) of section 3034 of such title is amended by striking 

24 ‘‘and 3687’’ and inserting ‘‘3687, and 4115’’. 


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1 (2) Subsections (a)(1) and (c) of section 3241 of such 

2 title are each amended by striking ‘‘section 3687’’ and in3 serting ‘‘sections 3687 and 4115’’. 

4 (3) Subsection (d)(1) of section 3672 of such title is 

5 amended by striking ‘‘and 3687’’ and inserting ‘‘3687, 

6 and 4115’’. 

7 (4) Paragraph (3) of section 4102A(b) of such title 

8 is amended by striking ‘‘section 3687’’ and inserting ‘‘sec9 tion 3687 or 4115’’. 

10 (d) EFFECTIVE DATE.—The amendments made by 

11 this section shall take effect on the date that is one year 

12 after the date of the enactment of this Act. 

13 SEC. 3. WAIVER OF CLAIM DEVELOPMENT PERIOD FOR 

14 CLAIMS UNDER LAWS ADMINISTERED BY 

15 SECRETARY OF VETERANS AFFAIRS. 

16 (a) IN GENERAL.—Section 5101 of title 38, United 

17 States Code, is amended by adding at the end the fol18 lowing new subsection: 

19 ‘‘(d)(1) If a claimant submits to the Secretary a claim 

20 that the Secretary determines is a fully developed claim, 

21 the Secretary shall provide— 

22 ‘‘(A) the claimant with the opportunity to waive 

23 any claim development period otherwise made avail24 able by the Secretary with respect to such claim; and 

25 ‘‘(B) expeditious treatment to such claim. 


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1 ‘‘(2) If a person submits to the Secretary any written 

2 notification sufficient to inform the Secretary that the per3 son plans to submit a fully developed claim and, not later 

4 than one year after submitting such notification submits 

5 to the Secretary a claim that the Secretary determines is 

6 a fully developed claim, the Secretary shall provide expedi7 tious treatment to the claim. 

8 ‘‘(3) If the Secretary determines that a claim sub9 mitted by a claimant as a fully developed claim is not fully 

10 developed, the Secretary shall provide such claimant with 

11 the notice described in section 5103(a) within 30 days 

12 after the Secretary makes such determination. 

13 ‘‘(4) For purposes of this section: 

14 ‘‘(A) The term ‘fully developed claim’ means a 

15 claim— 

16 ‘‘(i) for which the claimant— 

17 ‘‘(I) received assistance from a vet18 erans service officer, a State or county vet19 erans service organization, an agent, or an 

20 attorney; or 

21 ‘‘(II) submits, together with the claim, 

22 an appropriate indication that the claimant 

23 does not intend to submit any additional 

24 information or evidence in support of the 


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1 claim and does not require additional as2 sistance with respect to the claim; and 

3 ‘‘(ii) for which the claimant or the claim4 ant’s representative, if any, each signs, dates, 

5 and submits a certification in writing stating 

6 that, as of such date, no additional information 

7 or evidence is available or needs to be submitted 

8 in order for the claim to be adjudicated. 

9 ‘‘(B) The term ‘expeditious treatment’ means, 

10 with respect to a claim for benefits under the laws 

11 administered by the Secretary, treatment of such 

12 claim so that the claim is fully processed and adju13 dicated within 90 days after the Secretary receives 

14 an application for such claim.’’. 

15 (b) APPEALS FORM AVAILABILITY.—Subsection (b) 

16 of section 5104 of such title is amended— 

17 (1) by striking ‘‘and (2)’’ and inserting ‘‘(2)’’; 

18 and 

19 (2) by inserting before the period at the end the 

20 following: ‘‘, and (3) any form or application re21 quired by the Secretary to appeal such decision’’. 

22 (c) EFFECTIVE DATE.—The amendments made by 

23 this section shall apply with respect to claims submitted 

24 on or after the date of the enactment of this Act. 


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1 SEC. 4. TOLLING OF TIMING OF REVIEW FOR APPEALS OF 

2 FINAL DECISIONS OF BOARD OF VETERANS’ 

3 APPEALS. 

4 (a) IN GENERAL.—Section 7266(a) of title 38, 

5 United States Code, is amended— 

6 (1) by striking ‘‘In order’’ and inserting ‘‘(1) 

7 Except as provided in paragraph (2), in order’’; and 

8 (2) by adding at the end the following new 

9 paragraph: 

10 ‘‘(2)(A) The 120-day period described in paragraph 

11 (1) shall be extended upon a showing of good cause for 

12 such time as justice may require. 

13 ‘‘(B) For purposes of this paragraph, it shall be con14 sidered good cause if a person was unable to file a notice 

15 of appeal within the 120-day period because of the per16 son’s service-connected disability.’’. 

17 (b) APPLICABILITY.— 

18 (1) IN GENERAL.—Paragraph (2) of section 

19 7266(a) of such title, as added by subsection (a), 

20 shall apply to a notice of appeal filed with respect 

21 to a final decision of the Board of Veterans’ Appeals 

22 that was issued on or after July 24, 2008. 

23 (2) REINSTATEMENT.—Any petition for review 

24 filed with the Court of Appeals for Veterans Claims 

25 that was dismissed by such Court on or after July 

26 24, 2008, as untimely, shall, upon the filing of a peVerDate Mar 15 2010 02:37 Oct 01, 2010 Jkt 089200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H6132.RFS H6132

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1 tition by an adversely affected person filed not later 

2 than six months after the date of the enactment of 

3 this Act, be reinstated upon a showing that the peti4 tioner had good cause for filing the petition on the 

5 date it was filed. 

6 SEC. 5. EXCLUSION OF CERTAIN AMOUNTS FROM DETER7 MINATION OF ANNUAL INCOME WITH RE8 SPECT TO PENSIONS FOR VETERANS AND 

9 SURVIVING SPOUSES AND CHILDREN OF VET10 ERANS. 

11 (a) CERTAIN AMOUNTS PAID FOR REIMBURSEMENTS

12 AND FOR PAIN AND SUFFERING.—Paragraph (5) of sec13 tion 1503(a) of title 38, United States Code, is amended 

14 to read as follows: 

15 ‘‘(5) payments regarding— 

16 ‘‘(A) reimbursements of any kind (includ17 ing insurance settlement payments) for— 

18 ‘‘(i) expenses related to the repay19 ment, replacement, or repair of equipment, 

20 vehicles, items, money, or property result21 ing from— 

22 ‘‘(I) any accident (as defined in 

23 regulations which the Secretary shall 

24 prescribe), but the amount excluded 

25 under this subclause shall not exceed 


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1 the greater of the fair market value or 

2 reasonable replacement value of the 

3 equipment or vehicle involved at the 

4 time immediately preceding the acci5 dent; 

6 ‘‘(II) any theft or loss (as defined 

7 in regulations which the Secretary 

8 shall prescribe), but the amount ex9 cluded under this subclause shall not 

10 exceed the greater of the fair market 

11 value or reasonable replacement value 

12 of the item or the amount of the 

13 money (including legal tender of the 

14 United States or of a foreign country) 

15 involved at the time immediately pre16 ceding the theft or loss; or 

17 ‘‘(III) any casualty loss (as de18 fined in regulations which the Sec19 retary shall prescribe), but the 

20 amount excluded under this subclause 

21 shall not exceed the greater of the fair 

22 market value or reasonable replace23 ment value of the property involved at 

24 the time immediately preceding the 

25 casualty loss; and 


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1 ‘‘(ii) medical expenses resulting from 

2 any accident, theft, loss, or casualty loss 

3 (as defined in regulations which the Sec4 retary shall prescribe), but the amount ex5 cluded under this clause shall not exceed 

6 the costs of medical care provided to the 

7 victim of the accident, theft, loss, or cas8 ualty loss; and 

9 ‘‘(B) pain and suffering (including insur10 ance settlement payments and general damages 

11 awarded by a court) related to an accident, 

12 theft, loss, or casualty loss, but the amount ex13 cluded under this subparagraph shall not exceed 

14 an amount determined by the Secretary on a 

15 case-by-case basis;’’. 

16 (b) CERTAIN AMOUNTS PAID BY STATES AND MU17 NICIPALITIES AS VETERANS BENEFITS.—Section 1503(a) 

18 of title 38, United States Code, is amended— 

19 (1) by striking ‘‘and’’ at the end of paragraph 

20 (10); 

21 (2) by redesignating paragraph (11) as para22 graph (12); and 

23 (3) by inserting after paragraph (10) the fol24 lowing new paragraph (11): 


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1 ‘‘(11) payment of a monetary amount of up to 

2 $5,000 to a veteran from a State or municipality 

3 that is paid as a veterans’ benefit due to injury or 

4 disease; and’’. 

5 (c) EFFECTIVE DATE.—The amendments made by 

6 subsections (a) and (b) shall apply with respect to deter7 minations of income for calendar years beginning after Oc8 tober 1, 2011. 

9 SEC. 6. EXTENSION OF AUTHORITY OF SECRETARY OF VET10 ERANS AFFAIRS TO OBTAIN CERTAIN IN11 COME INFORMATION FROM OTHER AGEN12 CIES. 

13 Section 5317 of title 38, United States Code, is 

14 amended by striking ‘‘September 30, 2011’’ and inserting 

15 ‘‘September 30, 2015’’. 

16 SEC. 7. VETSTAR AWARD PROGRAM. 

17 (a) ESTABLISHMENT.—The Secretary of Veterans 

18 Affairs shall establish an award program, to be known as 

19 the ‘‘VetStar Award Program’’, to annually recognize 

20 businesses for their contributions to veterans’ employ21 ment. 

22 (b) ADMINISTRATION.—The Secretary shall establish 

23 a process for the administration of the award program, 

24 including criteria for— 


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1 (1) categories and sectors of businesses eligible 

2 for recognition each year; and 

3 (2) objective measures to be used in selecting 

4 businesses to receive the award. 

5 (c) VETERAN DEFINED.—In this section, the term 

6 ‘‘veteran’’ has the meaning given that term in section 

7 101(2) of title 38, United States Code. 

8 SEC. 8. INCREASE IN AMOUNT OF PENSION FOR MEDAL OF 

9 HONOR RECIPIENTS. 

10 Section 1562(a) of title 38, United States Code, is 

11 amended by striking ‘‘$1,000’’ and inserting ‘‘$2,000’’. 

12 SEC. 9. COMPLIANCE WITH STATUTORY PAY-AS-YOU-GO 

13 ACT OF 2010. 

14 The budgetary effects of this Act, for the purpose of 

15 complying with the Statutory Pay-As-You-Go Act of 2010, 

16 shall be determined by reference to the latest statement 

17 titled ‘‘Budgetary Effects of PAYGO Legislation’’ for this 

18 Act, submitted for printing in the Congressional Record 

19 by the Chairman of the House Budget Committee, 


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1 provided that such statement has been submitted prior to 

2 the vote on passage. 

Passed the House of Representatives September 28, 

2010. 

Attest: LORRAINE C. MILLER, 

Clerk. 


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