IB 

Union Calendar No. 370 

111TH CONGRESS 

2D SESSION H. R. 6132 

[Report No. 111–630] 

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. 

IN THE HOUSE OF REPRESENTATIVES 

SEPTEMBER 15, 2010 

Mr. FILNER (for himself, Mr. MICHAUD, Ms. HERSETH SANDLIN, Mr. HALL

of New York, and Mr. TEAGUE) introduced the following bill; which was 

referred to the Committee on Veterans’ Affairs 

SEPTEMBER 28, 2010 

Additional sponsors: Mr. HASTINGS of Florida, Mr. WELCH, and Mr. 

VISCLOSKY

SEPTEMBER 28, 2010 

Reported with an amendment, committed to the Committee of the Whole 

House on the State of the Union, and ordered to be printed 

[Strike out all after the enacting clause and insert the part printed in italic] 

[For text of introduced bill, see copy of bill as introduced on September 15, 2010] 


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A BILL 

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. 


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

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

4 (a) SHORT TITLE.—This Act may be cited as the ‘‘Vet5 erans Benefits and Economic Welfare Improvement Act of 

6 2010’’. 

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

8 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. Conditions for treatment of certain persons as adjudicated mentally incompetent. 

9 SEC. 2. MILITARY TRANSITION PROGRAM. 

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

11 States Code, is amended by inserting after section 4114 the 

12 following new section: 

13 ‘‘§ 4115. Military transition program 

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

15 the availability of appropriations for such purpose, the Sec16 retary of Veterans Affairs and the Assistant Secretary of 

17 Labor for Veterans’ Employment and Training shall jointly 


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1 carry out a program of training to provide eligible veterans 

2 with skills relevant to the job market. 

3 ‘‘(2) For purposes of this section, the term ‘eligible vet4 eran’ means any veteran whom the Secretary of Veterans 

5 Affairs determines— 

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

7 training services under this title; 

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

9 being separated or released from service in the Armed 

10 Forces; 

11 ‘‘(C) was discharged under honorable conditions; 

12 and 

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

14 during the 180-day period preceding the date of ap15 plication for the program established under this sec16 tion; or 

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

18 maximum hourly rate of pay of not more than 150 

19 percent of the Federal minimum wage. 

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

21 PROGRAM.—The program established under this section 

22 shall provide for payments to employers who provide for 

23 eligible veterans a program of apprenticeship or on-the-job 

24 training if— 


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

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

3 ‘‘(2) the rate of pay for veterans participating in 

4 the program is not less than the rate of pay for non5 veterans in similar jobs; and 

6 ‘‘(3) the Assistant Secretary of Labor for Vet7 erans’ Employment and Training reasonably expects 

8 that— 

9 ‘‘(A) the veteran will be qualified for em10 ployment in that field upon completion of train11 ing; and 

12 ‘‘(B) the employer providing the program 

13 will continue to employ the veteran at the com14 pletion of training. 

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

16 availability of appropriations for such purpose, the Assist17 ant Secretary of Labor for Veterans’ Employment and 

18 Training shall enter into contracts with employers to pro19 vide programs of apprenticeship or on-the-job training that 

20 meet the requirements of this section. Each such contract 

21 shall provide for the payment of the amounts described in 

22 paragraph (2) to employers whose programs meet such re23 quirements. 

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

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


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

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

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

4 ‘‘(i) the amount paid under this section with re5 spect to a veteran participating in the program estab6 lished under this section may not exceed $20,000 in 

7 the aggregate or $1,666.67 per month; and 

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

9 the first 12 months of such veteran’s participation in 

10 the program. 

11 ‘‘(B) In the case of a veteran participating in the pro12 gram on a less than full-time basis, the Assistant Secretary 

13 of Labor for Veterans’ Employment and Training may ex14 tend the number of months of payments under subpara15 graph (A) and proportionally adjust the amount of such 

16 payments, but the aggregate amount paid with respect to 

17 such veteran may not exceed $20,000 and the maximum 

18 number of months of such payments may not exceed 24 

19 months. 

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

21 quarterly basis. 

22 ‘‘(5) Each employer providing a program of appren23 ticeship or on-the-job training pursuant to this section shall 

24 submit to the Assistant Secretary of Labor for Veterans’ 

25 Employment and Training on a quarterly basis a report 


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1 certifying the wages paid to eligible veterans under such 

2 program (which shall be certified by the veteran as being 

3 correct) and containing such other information as the As4 sistant Secretary may specify. Such report shall be sub5 mitted in the form and manner required by the Assistant 

6 Secretary. 

7 ‘‘(d) AUTHORIZATION OF APPROPRIATIONS.—There is 

8 authorized to be appropriated to carry out this section 

9 $10,000,000 for each fiscal year for which the program is 

10 carried out. 

11 ‘‘(e) REPORTING.—The Secretary of Veterans Affairs, 

12 in coordination with the Assistant Secretary of Labor for 

13 Veterans’ Employment and Training, shall include a de14 scription of activities carried out under this section in the 

15 annual report prepared submitted under section 529 of this 

16 title. 

17 ‘‘(f) TERMINATION.—The authority to carry out a pro18 gram under this section shall terminate on September 30, 

19 2016.’’. 

20 (b) CLERICAL AMENDMENT.—The table of sections at 

21 the beginning of such chapter is amended by inserting after 

22 the item relating to section 4114 the following new item: 

‘‘4115. Military transition program.’’. 

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

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

25 ‘‘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 is 

8 amended by striking ‘‘section 3687’’ and inserting ‘‘section 

9 3687 or 4115’’. 

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

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

12 the date of the enactment of this Act. 

13 SEC. 3. WAIVER OF CLAIM DEVELOPMENT PERIOD FOR 

14 CLAIMS UNDER LAWS ADMINISTERED BY SEC15 RETARY OF VETERANS AFFAIRS. 

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

17 States Code, is amended by adding at the end the following 

18 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 after 

12 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 veterans 

18 service officer, a State or county veterans 

19 service organization, an agent, or an attor20 ney; or 

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

22 an appropriate indication that the claim23 ant does not intend to submit any addi24 tional information or evidence in support of 


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1 the claim and does not require additional 

2 assistance 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 ad11 ministered by the Secretary, treatment of such claim 

12 so that the claim is fully processed and adjudicated 

13 within 90 days after the Secretary receives an appli14 cation for such claim.’’. 

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

16 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 this 

23 section shall apply with respect to claims submitted on or 

24 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, United 

5 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 para9 graph: 

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

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

12 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 person’s 

16 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), shall 

20 apply to a notice of appeal filed with respect to a 

21 final decision of the Board of Veterans’ Appeals that 

22 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 24, 

26 2008, as untimely, shall, upon the filing of a petition 


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1 by an adversely affected person filed not later than 

2 six months after the date of the enactment of this Act, 

3 be reinstated upon a showing that the petitioner had 

4 good cause for filing the petition on the date it was 

5 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 section 

13 1503(a) of title 38, United States Code, is amended to read 

14 as follows: 

15 ‘‘(5) payments regarding— 

16 ‘‘(A) reimbursements of any kind (including 

17 insurance settlement payments) for— 

18 ‘‘(i) expenses related to the repayment, 

19 replacement, or repair of equipment, vehi20 cles, items, money, or property resulting 

21 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 money 

13 (including legal tender of the United 

14 States or of a foreign country) involved 

15 at the time immediately preceding the 

16 theft or loss; or 

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

20 excluded under this subclause shall not 

21 exceed the greater of the fair market 

22 value or reasonable replacement value 

23 of the property involved at the time 

24 immediately preceding the casualty 

25 loss; and 


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1 ‘‘(ii) medical expenses resulting from 

2 any accident, theft, loss, or casualty loss (as 

3 defined in regulations which the Secretary 

4 shall prescribe), but the amount excluded 

5 under this clause shall not exceed the costs 

6 of medical care provided to the victim of the 

7 accident, theft, loss, or casualty loss; and 

8 ‘‘(B) pain and suffering (including insur9 ance settlement payments and general damages 

10 awarded by a court) related to an accident, theft, 

11 loss, or casualty loss, but the amount excluded 

12 under this subparagraph shall not exceed an 

13 amount determined by the Secretary on a case14 by-case basis;’’. 

15 (b) CERTAIN AMOUNTS PAID BY STATES AND MUNICI16 PALITIES AS VETERANS BENEFITS.—Section 1503(a) of 

17 title 38, United States Code, is amended— 

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

19 (10); 

20 (2) by redesignating paragraph (11) as para21 graph (12); and 

22 (3) by inserting after paragraph (10) the fol23 lowing new paragraph (11): 

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

25 $5,000 to a veteran from a State or municipality that 


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1 is paid as a veterans’ benefit due to injury or disease; 

2 and’’. 

3 (c) EFFECTIVE DATE.—The amendments made by sub4 sections (a) and (b) shall apply with respect to determina5 tions of income for calendar years beginning after October 

6 1, 2011. 

7 SEC. 6. EXTENSION OF AUTHORITY OF SECRETARY OF VET8 ERANS AFFAIRS TO OBTAIN CERTAIN INCOME 

9 INFORMATION FROM OTHER AGENCIES. 

10 Section 5317 of title 38, United States Code, is amend11 ed by striking ‘‘September 30, 2011’’ and inserting ‘‘Sep12 tember 30, 2015’’. 

13 SEC. 7. VETSTAR AWARD PROGRAM. 

14 (a) ESTABLISHMENT.—The Secretary of Veterans Af15 fairs shall establish an award program, to be known as the 

16 ‘‘VetStar Award Program’’, to annually recognize busi17 nesses for their contributions to veterans’ employment. 

18 (b) ADMINISTRATION.—The Secretary shall establish a 

19 process for the administration of the award program, in20 cluding criteria for— 

21 (1) categories and sectors of businesses eligible 

22 for recognition each year; and 

23 (2) objective measures to be used in selecting 

24 businesses to receive the award. 


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1 (c) VETERAN DEFINED.—In this section, the term ‘‘vet2 eran’’ has the meaning given that term in section 101(2) 

3 of title 38, United States Code. 

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

5 HONOR RECIPIENTS. 

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

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

8 SEC. 9. CONDITIONS FOR TREATMENT OF CERTAIN PER9 SONS AS ADJUDICATED MENTALLY INCOM10 PETENT. 

11 (a) IN GENERAL.—Chapter 55 of title 38, United 

12 States Code, is amended by adding at the end the following 

13 new section: 

14 ‘‘§ 5511. Conditions for treatment of certain persons as 

15 adjudicated mentally incompetent 

16 ‘‘In any case arising out of the administration by the 

17 Secretary of laws and benefits under this title, a person who 

18 is mentally incapacitated, deemed mentally incompetent, or 

19 experiencing an extended loss of consciousness shall not be 

20 considered adjudicated as a mental defective for any pur21 pose without the order or finding of a judge, magistrate, 

22 or other judicial authority of competent jurisdiction that 

23 such person is a danger to himself or herself or others.’’. 


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1 (b) CLERICAL AMENDMENT.—The table of sections at 

2 the beginning of chapter 55 of such title is amended by add3 ing at the end the following new item: 

‘‘5511. Conditions for treatment of certain persons as adjudicated mentally incompetent.’’. 


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Union Calendar No. 370 

111TH CONGRESS 

2D SESSION H. R. 6132 

[Report No. 111–630] 

A BILL 

To amend title 38, United States Code, to establish 

purposes. prove the disability claim system, and for other a transition program for new veterans, to imSEPTEMBER 28, 2010 

Reported with an amendment, committed to the Comand ordered to be printed mittee of the Whole House on the State of the Union, 


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