I 

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. 

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 

5 ‘‘Veterans Benefits and Economic Welfare Improvement 

6 Act of 2010’’. 

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

8 this Act is as follows: 

Sec. 1. Short title; table of contents. 


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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. 

1 SEC. 2. MILITARY TRANSITION PROGRAM. 

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

3 States Code, is amended by inserting after section 4114 

4 the following new section: 

5 ‘‘§ 4115. Military transition program 

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

7 the availability of appropriations for such purpose, the 

8 Secretary of Veterans Affairs and the Assistant Secretary 

9 of Labor for Veterans’ Employment and Training shall 

10 jointly carry out a program of training to provide eligible 

11 veterans with skills relevant to the job market. 

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

13 veteran’ means any veteran whom the Secretary of Vet14 erans Affairs determines— 

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

16 training services under this title; 

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

18 being separated or released from service in the 

19 Armed Forces; 


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1 ‘‘(C) was discharged under honorable condi2 tions; and 

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

4 days during the 180-day period preceding the date 

5 of application for the program established under this 

6 section; or 

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

8 maximum hourly rate of pay of not more than 150 

9 percent of the Federal minimum wage. 

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

11 PROGRAM.—The program established under this section 

12 shall provide for payments to employers who provide for 

13 eligible veterans a program of apprenticeship or on-the14 job training if— 

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

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

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

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

19 nonveterans in similar jobs; and 

20 ‘‘(3) the Assistant Secretary of Labor for Vet21 erans’ Employment and Training reasonably expects 

22 that— 

23 ‘‘(A) the veteran will be qualified for em24 ployment in that field upon completion of train25 ing; and 


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1 ‘‘(B) the employer providing the program 

2 will continue to employ the veteran at the com3 pletion of training. 

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

5 availability of appropriations for such purpose, the Assist6 ant Secretary of Labor for Veterans’ Employment and 

7 Training shall enter into contracts with employers to pro8 vide programs of apprenticeship or on-the-job training 

9 that meet the requirements of this section. Each such con10 tract shall provide for the payment of the amounts de11 scribed in paragraph (2) to employers whose programs 

12 meet such requirements. 

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

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

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

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

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

18 ‘‘(i) the amount paid under this section with re19 spect to a veteran participating in the program es20 tablished under this section may not exceed $20,000 

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

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

23 the first 12 months of such veteran’s participation 

24 in the program. 


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1 ‘‘(B) In the case of a veteran participating in the pro2 gram on a less than full-time basis, the Assistant Sec3 retary of Labor for Veterans’ Employment and Training 

4 may extend the number of months of payments under sub5 paragraph (A) and proportionally adjust the amount of 

6 such payments, but the aggregate amount paid with re7 spect to such veteran may not exceed $20,000 and the 

8 maximum number of months of such payments may not 

9 exceed 24 months. 

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

11 a quarterly basis. 

12 ‘‘(5) Each employer providing a program of appren13 ticeship or on-the-job training pursuant to this section 

14 shall submit to the Assistant Secretary of Labor for Vet15 erans’ Employment and Training on a quarterly basis a 

16 report certifying the wages paid to eligible veterans under 

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

18 being correct) and containing such other information as 

19 the Assistant Secretary may specify. Such report shall be 

20 submitted in the form and manner required by the Assist21 ant Secretary. 

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

23 is authorized to be appropriated to carry out this section 

24 $10,000,000 for each fiscal year for which the program 

25 is carried out. 


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1 ‘‘(e) REPORTING.—The Secretary of Veterans Af2 fairs, in coordination with the Assistant Secretary of 

3 Labor for Veterans’ Employment and Training, shall in4 clude a description of activities carried out under this sec5 tion in the annual report prepared submitted under sec6 tion 529 of this title. 

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

8 program under this section shall terminate on September 

9 30, 2016.’’. 

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

11 at the beginning of such chapter is amended by inserting 

12 after the item relating to section 4114 the following new 

13 item: 

‘‘4115. Military transition program’’. 

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

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

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

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

18 title are each amended by striking ‘‘section 3687’’ and in19 serting ‘‘sections 3687 and 4115’’. 

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

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

22 and 4115’’. 

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

24 is amended by striking ‘‘section 3687’’ and inserting ‘‘sec25 tion 3687 or 4115’’. 


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

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

3 after the date of the enactment of this Act. 

4 SEC. 3. WAIVER OF CLAIM DEVELOPMENT PERIOD FOR 

5 CLAIMS UNDER LAWS ADMINISTERED BY 

6 SECRETARY OF VETERANS AFFAIRS. 

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

8 States Code, is amended by adding at the end the fol9 lowing new subsection: 

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

11 that the Secretary determines is a fully developed claim, 

12 the Secretary shall provide— 

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

14 any claim development period otherwise made avail15 able by the Secretary with respect to such claim; and 

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

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

18 notification sufficient to inform the Secretary that the per19 son plans to submit a fully developed claim and, not later 

20 than one year after submitting such notification submits 

21 to the Secretary a claim that the Secretary determines is 

22 a fully developed claim, the Secretary shall provide expedi23 tious treatment to the claim. 

24 ‘‘(3) If the Secretary determines that a claim sub25 mitted by a claimant as a fully developed claim is not fully 


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1 developed, the Secretary shall provide such claimant with 

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

3 after the Secretary makes such determination. 

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

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

6 claim— 

7 ‘‘(i) for which the claimant— 

8 ‘‘(I) received assistance from a vet9 erans service officer, a State or county vet10 erans service organization, an agent, or an 

11 attorney; or 

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

13 an appropriate indication that the claimant 

14 does not intend to submit any additional 

15 information or evidence in support of the 

16 claim and does not require additional as17 sistance with respect to the claim; and 

18 ‘‘(ii) for which the claimant or the claim19 ant’s representative, if any, each signs, dates, 

20 and submits a certification in writing stating 

21 that, as of such date, no additional information 

22 or evidence is available or needs to be submitted 

23 in order for the claim to be adjudicated. 

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

25 with respect to a claim for benefits under the laws 


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1 administered by the Secretary, treatment of such 

2 claim so that the claim is fully processed and adju3 dicated within 90 days after the Secretary receives 

4 an application for such claim.’’. 

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

6 of section 5104 of such title is amended— 

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

8 and 

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

10 following: ‘‘, and (3) any form or application re11 quired by the Secretary to appeal such decision’’. 

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

13 this section shall apply with respect to claims submitted 

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

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

16 FINAL DECISIONS OF BOARD OF VETERANS’ 

17 APPEALS. 

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

19 United States Code, is amended— 

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

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

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

23 paragraph: 


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

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

3 such time as justice may require. 

4 ‘‘(B) For purposes of this paragraph, it shall be con5 sidered good cause if a person was unable to file a notice 

6 of appeal within the 120-day period because of the per7 son’s service-connected disability.’’. 

8 (b) APPLICABILITY.— 

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

10 7266(a) of such title, as added by subsection (a), 

11 shall apply to a notice of appeal filed with respect 

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

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

14 (2) REINSTATEMENT.—Any petition for review 

15 filed with the Court of Appeals for Veterans Claims 

16 that was dismissed by such Court on or after July 

17 24, 2008, as untimely, shall, upon the filing of a pe18 tition by an adversely affected person filed not later 

19 than six months after the date of the enactment of 

20 this Act, be reinstated upon a showing that the peti21 tioner had good cause for filing the petition on the 

22 date it was filed. 


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1 SEC. 5. EXCLUSION OF CERTAIN AMOUNTS FROM DETER2 MINATION OF ANNUAL INCOME WITH RE3 SPECT TO PENSIONS FOR VETERANS AND 

4 SURVIVING SPOUSES AND CHILDREN OF VET5 ERANS. 

6 (a) CERTAIN AMOUNTS PAID FOR REIMBURSEMENTS

7 AND FOR PAIN AND SUFFERING.—Paragraph (5) of sec8 tion 1503(a) of title 38, United States Code, is amended 

9 to read as follows: 

10 ‘‘(5) payments regarding— 

11 ‘‘(A) reimbursements of any kind (includ12 ing insurance settlement payments) for— 

13 ‘‘(i) expenses related to the repay14 ment, replacement, or repair of equipment, 

15 vehicles, items, money, or property result16 ing from— 

17 ‘‘(I) any accident (as defined in 

18 regulations which the Secretary shall 

19 prescribe), but the amount excluded 

20 under this subclause shall not exceed 

21 the greater of the fair market value or 

22 reasonable replacement value of the 

23 equipment or vehicle involved at the 

24 time immediately preceding the acci25 dent; 


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

2 in regulations which the Secretary 

3 shall prescribe), but the amount ex4 cluded under this subclause shall not 

5 exceed the greater of the fair market 

6 value or reasonable replacement value 

7 of the item or the amount of the 

8 money (including legal tender of the 

9 United States or of a foreign country) 

10 involved at the time immediately pre11 ceding the theft or loss; or 

12 ‘‘(III) any casualty loss (as de13 fined in regulations which the Sec14 retary shall prescribe), but the 

15 amount excluded under this subclause 

16 shall not exceed the greater of the fair 

17 market value or reasonable replace18 ment value of the property involved at 

19 the time immediately preceding the 

20 casualty loss; and 

21 ‘‘(ii) medical expenses resulting from 

22 any accident, theft, loss, or casualty loss 

23 (as defined in regulations which the Sec24 retary shall prescribe), but the amount ex25 cluded under this clause shall not exceed 


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1 the costs of medical care provided to the 

2 victim of the accident, theft, loss, or cas3 ualty loss; and 

4 ‘‘(B) pain and suffering (including insur5 ance settlement payments and general damages 

6 awarded by a court) related to an accident, 

7 theft, loss, or casualty loss, but the amount ex8 cluded under this subparagraph shall not exceed 

9 an amount determined by the Secretary on a 

10 case-by-case basis;’’. 

11 (b) CERTAIN AMOUNTS PAID BY STATES AND MU12 NICIPALITIES AS VETERANS BENEFITS.—Section 1503(a) 

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

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

15 (10); 

16 (2) by redesignating paragraph (11) as para17 graph (12); and 

18 (3) by inserting after paragraph (10) the fol19 lowing new paragraph (11): 

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

21 $5,000 to a veteran from a State or municipality 

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

23 disease; and’’. 

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

25 subsections (a) and (b) shall apply with respect to deterVerDate Mar 15 2010 23:58 Sep 15, 2010 Jkt 089200 PO 00000 Frm 00013 Fmt 6652 Sfmt 6201 E:\BILLS\H6132.IH H6132

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1 minations of income for calendar years beginning after Oc2 tober 1, 2011. 

3 SEC. 6. EXTENSION OF AUTHORITY OF SECRETARY OF VET4 ERANS AFFAIRS TO OBTAIN CERTAIN IN5 COME INFORMATION FROM OTHER AGEN6 CIES. 

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

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

9 ‘‘September 30, 2015’’. 

10 SEC. 7. VETSTAR AWARD PROGRAM. 

11 (a) ESTABLISHMENT.—The Secretary of Veterans 

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

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

14 businesses for their contributions to veterans’ employ15 ment. 

16 (b) ADMINISTRATION.—The Secretary shall establish 

17 a process for the administration of the award program, 

18 including criteria for— 

19 (1) categories and sectors of businesses eligible 

20 for recognition each year; and 

21 (2) objective measures to be used in selecting 

22 businesses to receive the award. 

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

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

25 101(2) of title 38, United States Code. 


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

2 HONOR RECIPIENTS. 

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

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

5 SEC. 9. CONDITIONS FOR TREATMENT OF CERTAIN PER6 SONS AS ADJUDICATED MENTALLY INCOM7 PETENT. 

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

9 States Code, is amended by adding at the end the fol10 lowing new section: 

11 ‘‘§ 5511. Conditions for treatment of certain persons 

12 as adjudicated mentally incompetent 

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

14 Secretary of laws and benefits under this title, a person 

15 who is mentally incapacitated, deemed mentally incom16 petent, or experiencing an extended loss of consciousness 

17 shall not be considered adjudicated as a mental defective 

18 for any purpose without the order or finding of a judge, 

19 magistrate, or other judicial authority of competent juris20 diction that such person is a danger to himself or herself 

21 or others.’’. 

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

23 at the beginning of chapter 55 of such title is amended 

24 by adding at the end the following new item: 


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

Æ 


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