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[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6132 Introduced in House (IH)]

111th CONGRESS
  2d Session
                                H. R. 6132

   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

_______________________________________________________________________

                                 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.

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

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Veterans Benefits 
and Economic Welfare Improvement Act of 2010''.
    (b) Table of Contents.--The table of contents for 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.

SEC. 2. MILITARY TRANSITION PROGRAM.

    (a) In General.--Chapter 41 of title 38, United States Code, is 
amended by inserting after section 4114 the following new section:
``Sec. 4115. Military transition program
    ``(a) Establishment; Eligibility.--(1) Subject to the availability 
of appropriations for such purpose, the Secretary of Veterans Affairs 
and the Assistant Secretary of Labor for Veterans' Employment and 
Training shall jointly carry out a program of training to provide 
eligible veterans with skills relevant to the job market.
    ``(2) For purposes of this section, the term `eligible veteran' 
means any veteran whom the Secretary of Veterans Affairs determines--
            ``(A) is not otherwise eligible for education or training 
        services under this title;
            ``(B) has not acquired a marketable skill since being 
        separated or released from service in the Armed Forces;
            ``(C) was discharged under honorable conditions; and
            ``(D)(i) has been unemployed for at least 90 days during 
        the 180-day period preceding the date of application for the 
        program established under this section; or
            ``(ii) during such 180-day period received a maximum hourly 
        rate of pay of not more than 150 percent of the Federal minimum 
        wage.
    ``(b) Apprenticeship or On-the-Job Training Program.--The program 
established under this section shall provide for payments to employers 
who provide for eligible veterans a program of apprenticeship or on-
the-job training if--
            ``(1) such program is approved as provided in paragraph (1) 
        or (2) of section 3687(a) of this title;
            ``(2) the rate of pay for veterans participating in the 
        program is not less than the rate of pay for nonveterans in 
        similar jobs; and
            ``(3) the Assistant Secretary of Labor for Veterans' 
        Employment and Training reasonably expects that--
                    ``(A) the veteran will be qualified for employment 
                in that field upon completion of training; and
                    ``(B) the employer providing the program will 
                continue to employ the veteran at the completion of 
                training.
    ``(c) Payments to Employers.--(1) Subject to the availability of 
appropriations for such purpose, the Assistant Secretary of Labor for 
Veterans' Employment and Training shall enter into contracts with 
employers to provide programs of apprenticeship or on-the-job training 
that meet the requirements of this section. Each such contract shall 
provide for the payment of the amounts described in paragraph (2) to 
employers whose programs meet such requirements.
    ``(2) The amount paid under this section with respect to any 
eligible veteran for any period shall be 50 percent of the wages paid 
by the employer to such veteran for such period. Wages shall be 
calculated on an hourly basis.
    ``(3)(A) Except as provided in subparagraph (B)--
            ``(i) the amount paid under this section with respect to a 
        veteran participating in the program established under this 
        section may not exceed $20,000 in the aggregate or $1,666.67 
        per month; and
            ``(ii) such payments may only be made during the first 12 
        months of such veteran's participation in the program.
    ``(B) In the case of a veteran participating in the program on a 
less than full-time basis, the Assistant Secretary of Labor for 
Veterans' Employment and Training may extend the number of months of 
payments under subparagraph (A) and proportionally adjust the amount of 
such payments, but the aggregate amount paid with respect to such 
veteran may not exceed $20,000 and the maximum number of months of such 
payments may not exceed 24 months.
    ``(4) Payments under this section shall be made on a quarterly 
basis.
    ``(5) Each employer providing a program of apprenticeship or on-
the-job training pursuant to this section shall submit to the Assistant 
Secretary of Labor for Veterans' Employment and Training on a quarterly 
basis a report certifying the wages paid to eligible veterans under 
such program (which shall be certified by the veteran as being correct) 
and containing such other information as the Assistant Secretary may 
specify. Such report shall be submitted in the form and manner required 
by the Assistant Secretary.
    ``(d) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this section $10,000,000 for each fiscal year 
for which the program is carried out.
    ``(e) Reporting.--The Secretary of Veterans Affairs, in 
coordination with the Assistant Secretary of Labor for Veterans' 
Employment and Training, shall include a description of activities 
carried out under this section in the annual report prepared submitted 
under section 529 of this title.
    ``(f) Termination.--The authority to carry out a program under this 
section shall terminate on September 30, 2016.''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
such chapter is amended by inserting after the item relating to section 
4114 the following new item:

``4115. Military transition program''.
    (c) Conforming Amendments.--(1) Subsection (a)(1) of section 3034 
of such title is amended by striking ``and 3687'' and inserting ``3687, 
and 4115''.
    (2) Subsections (a)(1) and (c) of section 3241 of such title are 
each amended by striking ``section 3687'' and inserting ``sections 3687 
and 4115''.
    (3) Subsection (d)(1) of section 3672 of such title is amended by 
striking ``and 3687'' and inserting ``3687, and 4115''.
    (4) Paragraph (3) of section 4102A(b) of such title is amended by 
striking ``section 3687'' and inserting ``section 3687 or 4115''.
    (d) Effective Date.--The amendments made by this section shall take 
effect on the date that is one year after the date of the enactment of 
this Act.

SEC. 3. WAIVER OF CLAIM DEVELOPMENT PERIOD FOR CLAIMS UNDER LAWS 
              ADMINISTERED BY SECRETARY OF VETERANS AFFAIRS.

    (a) In General.--Section 5101 of title 38, United States Code, is 
amended by adding at the end the following new subsection:
    ``(d)(1) If a claimant submits to the Secretary a claim that the 
Secretary determines is a fully developed claim, the Secretary shall 
provide--
            ``(A) the claimant with the opportunity to waive any claim 
        development period otherwise made available by the Secretary 
        with respect to such claim; and
            ``(B) expeditious treatment to such claim.
    ``(2) If a person submits to the Secretary any written notification 
sufficient to inform the Secretary that the person plans to submit a 
fully developed claim and, not later than one year after submitting 
such notification submits to the Secretary a claim that the Secretary 
determines is a fully developed claim, the Secretary shall provide 
expeditious treatment to the claim.
    ``(3) If the Secretary determines that a claim submitted by a 
claimant as a fully developed claim is not fully developed, the 
Secretary shall provide such claimant with the notice described in 
section 5103(a) within 30 days after the Secretary makes such 
determination.
    ``(4) For purposes of this section:
            ``(A) The term `fully developed claim' means a claim--
                    ``(i) for which the claimant--
                            ``(I) received assistance from a veterans 
                        service officer, a State or county veterans 
                        service organization, an agent, or an attorney; 
                        or
                            ``(II) submits, together with the claim, an 
                        appropriate indication that the claimant does 
                        not intend to submit any additional information 
                        or evidence in support of the claim and does 
                        not require additional assistance with respect 
                        to the claim; and
                    ``(ii) for which the claimant or the claimant's 
                representative, if any, each signs, dates, and submits 
                a certification in writing stating that, as of such 
                date, no additional information or evidence is 
                available or needs to be submitted in order for the 
                claim to be adjudicated.
            ``(B) The term `expeditious treatment' means, with respect 
        to a claim for benefits under the laws administered by the 
        Secretary, treatment of such claim so that the claim is fully 
        processed and adjudicated within 90 days after the Secretary 
        receives an application for such claim.''.
    (b) Appeals Form Availability.--Subsection (b) of section 5104 of 
such title is amended--
            (1) by striking ``and (2)'' and inserting ``(2)''; and
            (2) by inserting before the period at the end the 
        following: ``, and (3) any form or application required by the 
        Secretary to appeal such decision''.
    (c) Effective Date.--The amendments made by this section shall 
apply with respect to claims submitted on or after the date of the 
enactment of this Act.

SEC. 4. TOLLING OF TIMING OF REVIEW FOR APPEALS OF FINAL DECISIONS OF 
              BOARD OF VETERANS' APPEALS.

    (a) In General.--Section 7266(a) of title 38, United States Code, 
is amended--
            (1) by striking ``In order'' and inserting ``(1) Except as 
        provided in paragraph (2), in order''; and
            (2) by adding at the end the following new paragraph:
    ``(2)(A) The 120-day period described in paragraph (1) shall be 
extended upon a showing of good cause for such time as justice may 
require.
    ``(B) For purposes of this paragraph, it shall be considered good 
cause if a person was unable to file a notice of appeal within the 120-
day period because of the person's service-connected disability.''.
    (b) Applicability.--
            (1) In general.--Paragraph (2) of section 7266(a) of such 
        title, as added by subsection (a), shall apply to a notice of 
        appeal filed with respect to a final decision of the Board of 
        Veterans' Appeals that was issued on or after July 24, 2008.
            (2) Reinstatement.--Any petition for review filed with the 
        Court of Appeals for Veterans Claims that was dismissed by such 
        Court on or after July 24, 2008, as untimely, shall, upon the 
        filing of a petition by an adversely affected person filed not 
        later than six months after the date of the enactment of this 
        Act, be reinstated upon a showing that the petitioner had good 
        cause for filing the petition on the date it was filed.

SEC. 5. EXCLUSION OF CERTAIN AMOUNTS FROM DETERMINATION OF ANNUAL 
              INCOME WITH RESPECT TO PENSIONS FOR VETERANS AND 
              SURVIVING SPOUSES AND CHILDREN OF VETERANS.

    (a) Certain Amounts Paid for Reimbursements and for Pain and 
Suffering.--Paragraph (5) of section 1503(a) of title 38, United States 
Code, is amended to read as follows:
            ``(5) payments regarding--
                    ``(A) reimbursements of any kind (including 
                insurance settlement payments) for--
                            ``(i) expenses related to the repayment, 
                        replacement, or repair of equipment, vehicles, 
                        items, money, or property resulting from--
                                    ``(I) any accident (as defined in 
                                regulations which the Secretary shall 
                                prescribe), but the amount excluded 
                                under this subclause shall not exceed 
                                the greater of the fair market value or 
                                reasonable replacement value of the 
                                equipment or vehicle involved at the 
                                time immediately preceding the 
                                accident;
                                    ``(II) any theft or loss (as 
                                defined in regulations which the 
                                Secretary shall prescribe), but the 
                                amount excluded under this subclause 
                                shall not exceed the greater of the 
                                fair market value or reasonable 
                                replacement value of the item or the 
                                amount of the money (including legal 
                                tender of the United States or of a 
                                foreign country) involved at the time 
                                immediately preceding the theft or 
                                loss; or
                                    ``(III) any casualty loss (as 
                                defined in regulations which the 
                                Secretary shall prescribe), but the 
                                amount excluded under this subclause 
                                shall not exceed the greater of the 
                                fair market value or reasonable 
                                replacement value of the property 
                                involved at the time immediately 
                                preceding the casualty loss; and
                            ``(ii) medical expenses resulting from any 
                        accident, theft, loss, or casualty loss (as 
                        defined in regulations which the Secretary 
                        shall prescribe), but the amount excluded under 
                        this clause shall not exceed the costs of 
                        medical care provided to the victim of the 
                        accident, theft, loss, or casualty loss; and
                    ``(B) pain and suffering (including insurance 
                settlement payments and general damages awarded by a 
                court) related to an accident, theft, loss, or casualty 
                loss, but the amount excluded under this subparagraph 
                shall not exceed an amount determined by the Secretary 
                on a case-by-case basis;''.
    (b) Certain Amounts Paid by States and Municipalities as Veterans 
Benefits.--Section 1503(a) of title 38, United States Code, is 
amended--
            (1) by striking ``and'' at the end of paragraph (10);
            (2) by redesignating paragraph (11) as paragraph (12); and
            (3) by inserting after paragraph (10) the following new 
        paragraph (11):
            ``(11) payment of a monetary amount of up to $5,000 to a 
        veteran from a State or municipality that is paid as a 
        veterans' benefit due to injury or disease; and''.
    (c) Effective Date.--The amendments made by subsections (a) and (b) 
shall apply with respect to determinations of income for calendar years 
beginning after October 1, 2011.

SEC. 6. EXTENSION OF AUTHORITY OF SECRETARY OF VETERANS AFFAIRS TO 
              OBTAIN CERTAIN INCOME INFORMATION FROM OTHER AGENCIES.

    Section 5317 of title 38, United States Code, is amended by 
striking ``September 30, 2011'' and inserting ``September 30, 2015''.

SEC. 7. VETSTAR AWARD PROGRAM.

    (a) Establishment.--The Secretary of Veterans Affairs shall 
establish an award program, to be known as the ``VetStar Award 
Program'', to annually recognize businesses for their contributions to 
veterans' employment.
    (b) Administration.--The Secretary shall establish a process for 
the administration of the award program, including criteria for--
            (1) categories and sectors of businesses eligible for 
        recognition each year; and
            (2) objective measures to be used in selecting businesses 
        to receive the award.
    (c) Veteran Defined.--In this section, the term ``veteran'' has the 
meaning given that term in section 101(2) of title 38, United States 
Code.

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

    Section 1562(a) of title 38, United States Code, is amended by 
striking ``$1,000'' and inserting ``$2,000''.

SEC. 9. CONDITIONS FOR TREATMENT OF CERTAIN PERSONS AS ADJUDICATED 
              MENTALLY INCOMPETENT.

    (a) In General.--Chapter 55 of title 38, United States Code, is 
amended by adding at the end the following new section:
``Sec. 5511. Conditions for treatment of certain persons as adjudicated 
              mentally incompetent
    ``In any case arising out of the administration by the Secretary of 
laws and benefits under this title, a person who is mentally 
incapacitated, deemed mentally incompetent, or experiencing an extended 
loss of consciousness shall not be considered adjudicated as a mental 
defective for any purpose without the order or finding of a judge, 
magistrate, or other judicial authority of competent jurisdiction that 
such person is a danger to himself or herself or others.''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
chapter 55 of such title is amended by adding at the end the following 
new item:

``5511. Conditions for treatment of certain persons as adjudicated 
                            mentally incompetent''.
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