Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Veterans’ Benefits 
Training Improvement Act of 2011’’. 
SEC. 2. ANNUAL ASSESSMENT OF CLAIMS PROCESSING 
SKILLS. 
(a) IN GENERAL.—Subchapter II of chapter 77 of 
title 38, United States Code, is amended by inserting after 
section 7732A the following new section: 
‘‘§ 7732B. Annual assessment of claims processing 
skills 
‘‘(a) IN GENERAL.—The Secretary shall— 
‘‘(1) annually assess the skills of appropriate 
employees and managers of the Veterans Benefits 
Administration who are responsible for processing 
claims for compensation and pension benefits under 
the laws administered by the Secretary; and 
‘‘(2) develop and implement an individualized 
training plan related to such skills for each such em-
ployee and manager. 
‘‘(b) REMEDIATION OF DEFICIENT SKILLS.—(1) In 
providing training under subsection (a)(2), if any em-
ployee or manager receives a less than satisfactory result 
on any portion of an assessment under subsection (a)(1), 
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the Secretary shall provide such employee or manager with 
remediation of any deficiency in the skills related to such 
portion of the assessment. 
‘‘(2) In accordance with this title and title 5, the Sec-
retary shall take appropriate disciplinary actions with re-
spect to any employee or manager who, after being given 
two opportunities for remediation under paragraph (1), 
does not receive a satisfactory result on an assessment 
under subsection (a)(1). 
‘‘(c) ANNUAL REPORT.—Not later than March 1 of 
each year, the Secretary shall submit to the Committee 
on Veterans’ Affairs of the House of Representatives and 
the Committee on Veterans’ Affairs of the Senate a report 
on the assessments and training conducted under this sec-
tion during the previous year, including a summary of— 
‘‘(1) the results of the assessments under sub-
section (a)(1); 
‘‘(2)
remediation
provided
under
subsection 
(b)(1); and 
‘‘(3) disciplinary action taken under subsection 
(b)(2).’’. 
(b) CLERICAL AMENDMENT.—The table of sections 
at the beginning of such chapter is amended by inserting 
after the item relating to section 7732A the following new 
item: 
‘‘7732B. Annual assessment of claims processing skills.’’. 
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(c) IMPLEMENTATION.—The Secretary of Veterans 
Affairs shall implement section 7732B of title 38, United 
States Code, as added by subsection (a), by not later than 
180 days after the date of the enactment of this Act. 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Veterans’ Benefits Act 
of 2011’’. 
SEC. 2. ASSESSMENT OF CLAIMS-PROCESSING SKILLS 
PILOT PROGRAM. 
(a) PILOT PROGRAM.—Commencing not later than 
180 days after the date of the enactment of the Act, in addi-
tion to providing employee certification under section 
7732A of title 38, United States Code, the Secretary of Vet-
erans Affairs shall carry out a pilot program to assess skills 
and provide training described under subsection (b). 
(b) BIENNIAL SKILLS ASSESSMENT AND INDIVIDUAL-
IZED TRAINING.— 
(1) IN GENERAL.—The Secretary shall— 
(A) biennially assess the skills of appro-
priate employees and managers of the Veterans 
Benefits Administration who are responsible for 
processing claims for compensation and pension 
benefits under the laws administered by the Sec-
retary, including by requiring such employees 
and managers to take the examination provided 
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under section 7732A(a)(1) of title 38, United 
States Code; and 
(B) on the basis of the results of such assess-
ment and examination, and on any relevant re-
gional office quality review, develop and imple-
ment an individualized training plan related to 
such skills for each such employee and manager. 
(2) REMEDIATION.— 
(A) 
REMEDIATION
PROVIDED.—In 
pro-
viding training under paragraph (1)(B), if any 
employee or manager receives a less than satis-
factory result on any portion of an assessment 
under paragraph (1)(A), the Secretary shall pro-
vide such employee or manager with remediation 
of any deficiency in the skills related to such 
portion of the assessment and, within a reason-
able period following the remediation, shall re-
quire the employee or manager to take the exam-
ination again. 
(B) PERSONNEL
ACTIONS.—In accordance 
with titles 5 and 38, United States Code, the 
Secretary shall take appropriate personnel ac-
tions with respect to any employee or manager 
who, after being given two opportunities for re-
mediation under subparagraph (A), does not re-
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ceive a satisfactory result on an assessment 
under paragraph (1)(A). 
(c) LOCATIONS AND DURATION.—The Secretary shall 
carry out the pilot program under this section at five re-
gional offices of the Veterans Benefits Administration dur-
ing the four-year period beginning on the date of the com-
mencement of the pilot program. 
(d) AUTHORIZATION OF APPROPRIATIONS.—There is 
authorized to be appropriated to carry out this section a 
total of $5,000,000 for fiscal years 2012 through 2016. 
(e) REPORTS.—Not later than November 1 of each year 
in which the pilot program under this section is carried 
out, the Secretary shall submit to the Committee on Vet-
erans’ Affairs of the House of Representatives and the Com-
mittee on Veterans’ Affairs of the Senate a report on any 
assessments and training conducted under this section dur-
ing the previous year. Each such report shall include— 
(1) a summary of— 
(A) the results of the assessments under sub-
section (b)(1)(A); 
(B) remediation provided under subsection 
(b)(2)(A); and 
(C) personnel actions taken under sub-
section (b)(2)(B); and 
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(2) any changes made to the training program 
under subsection (b)(1)(B) based on the results of such 
assessments and remediation and the examinations 
provided under section 7732A(a)(1) of title 38, United 
States Code. 
SEC. 3. EXCLUSION OF CERTAIN REIMBURSEMENTS OF EX-
PENSES FROM DETERMINATION OF ANNUAL 
INCOME WITH RESPECT TO PENSIONS FOR 
VETERANS AND SURVIVING SPOUSES AND 
CHILDREN OF VETERANS. 
(a) IN GENERAL.—Paragraph (5) of section 1503(a) 
of title 38, United States Code, is amended to read as fol-
lows: 
‘‘(5) payments regarding— 
‘‘(A) reimbursements of any kind (including 
insurance settlement payments) for— 
‘‘(i) expenses related to the repayment, 
replacement, or repair of equipment, vehi-
cles, 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 
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reasonable replacement value of the 
equipment or vehicle involved at the 
time immediately preceding the acci-
dent; 
‘‘(II) any theft or loss (as defined 
in regulations which the Secretary 
shall prescribe), but the amount ex-
cluded 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 de-
fined in regulations which the Sec-
retary 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 
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‘‘(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 insur-
ance 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) EFFECTIVE DATE.—The amendment made by sub-
section (a) shall take effect on the date that is one year after 
the date of the enactment of this Act. 
(c) EXTENSION OF AUTHORITY TO OBTAIN CERTAIN 
INFORMATION FROM DEPARTMENT OF TREASURY.—Section 
5317(g) of title 38, United States Code, is amended by strik-
ing ‘‘2011’’ and inserting ‘‘2013’’. 
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SEC. 4. AUTHORIZATION OF USE OF ELECTRONIC COMMU-
NICATION TO PROVIDE NOTICE TO CLAIM-
ANTS FOR BENEFITS UNDER LAWS ADMINIS-
TERED BY THE SECRETARY OF VETERANS AF-
FAIRS. 
(a) IN GENERAL.—Section 5103 of title 38, United 
States Code, is amended— 
(1) in subsection (a)(1)— 
(A) by striking ‘‘Upon receipt of a complete 
or substantially complete application, the’’ and 
inserting ‘‘The’’; 
(B) by striking ‘‘notify’’ and inserting 
‘‘provide to’’; and 
(C) by inserting ‘‘by the most effective 
means available, including electronic commu-
nication or notification in writing’’ before ‘‘of 
any information’’; and 
(2) in subsection (b), by adding at the end the 
following new paragraphs: 
‘‘(4) Nothing in this section shall require the Secretary 
to provide notice for a subsequent claim that is filed while 
a previous claim is pending if the notice previously pro-
vided for such pending claim— 
‘‘(A) provides sufficient notice of the information 
and evidence necessary to substantiate such subse-
quent claim; and 
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‘‘(B) was sent within one year of the date on 
which the subsequent claim was filed. 
‘‘(5)(A) This section shall not apply to any claim or 
issue where the Secretary may award the maximum benefit 
in accordance with this title based on the evidence of record. 
‘‘(B) For purposes of this paragraph, the term ‘max-
imum benefit’ means the highest evaluation assignable in 
accordance with the evidence of record, as long as such eval-
uation is supported by such evidence of record at the time 
the decision is rendered.’’. 
(b) CONSTRUCTION.—Nothing in the amendments 
made by subsection (a) shall be construed as eliminating 
any requirement with respect to the contents of a notice 
under section 5103 of such title that are required under reg-
ulations prescribed pursuant to subsection (a)(2) of such 
section as of the date of the enactment of this Act. 
SEC. 5. DUTY TO ASSIST CLAIMANTS IN OBTAINING PRI-
VATE RECORDS. 
(a) IN GENERAL.—Section 5103A(b) of title 38, 
United States Code, is amended to read as follows: 
‘‘(b) ASSISTANCE IN OBTAINING PRIVATE RECORDS.— 
(1) As part of the assistance provided under subsection (a), 
the Secretary shall make reasonable efforts to obtain rel-
evant private records. 
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‘‘(2)(A) Whenever the Secretary, after making such 
reasonable efforts, is unable to obtain all of the relevant 
records sought, the Secretary shall notify the claimant that 
the Secretary is unable to obtain records with respect to 
the claim. Such a notification shall— 
‘‘(i) identify the records the Secretary is unable 
to obtain; 
‘‘(ii) briefly explain the efforts that the Secretary 
made to obtain such records; and 
‘‘(iii) explain that the Secretary will decide the 
claim based on the evidence of record but that this 
section does not prohibit the submission of records at 
a later date if such submission is otherwise allowed. 
‘‘(B) The Secretary shall make not less than two re-
quests to a custodian of a private record in order for an 
effort to obtain relevant private records to be treated as rea-
sonable under this section, unless it is made evident by the 
first request that a second request would be futile in obtain-
ing such records. 
‘‘(3)(A) This section shall not apply if the evidence of 
record allows for the Secretary to award the maximum ben-
efit in accordance with this title based on the evidence of 
record. 
‘‘(B) For purposes of this paragraph, the term ‘max-
imum benefit’ means the highest evaluation assignable in 
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accordance with the evidence of record, as long as such eval-
uation is supported by such evidence of record at the time 
the decision is rendered. 
‘‘(4) Under regulations prescribed by the Secretary, the 
Secretary— 
‘‘(A) shall encourage claimants to submit rel-
evant private medical records of the claimant to the 
Secretary if such submission does not burden the 
claimant; and 
‘‘(B) in obtaining relevant private records under 
paragraph (1), may require the claimant to authorize 
the Secretary to obtain such records if such authoriza-
tion is required to comply with Federal, State, or 
local law.’’. 
(b) PUBLIC RECORDS.—Section 5103A(c) of such title 
is amended to read as follows: 
‘‘(c) 
OBTAINING
RECORDS
FOR
COMPENSATION 
CLAIMS.—(1) In the case of a claim for disability com-
pensation, the assistance provided by the Secretary under 
this section shall include obtaining the following records if 
relevant to the claim: 
‘‘(A) The claimant’s service medical records and, 
if the claimant has furnished the Secretary informa-
tion sufficient to locate such records, other relevant 
records pertaining to the claimant’s active military, 
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naval, or air service that are held or maintained by 
a governmental entity. 
‘‘(B) Records of relevant medical treatment or 
examination of the claimant at Department health- 
care facilities or at the expense of the Department, if 
the claimant furnishes information sufficient to locate 
those records. 
‘‘(C) Any other relevant records held by any Fed-
eral department or agency that the claimant ade-
quately identifies and authorizes the Secretary to ob-
tain. 
‘‘(2) Whenever the Secretary attempts to obtain records 
from a Federal department or agency under this subsection, 
the efforts to obtain those records shall continue until the 
records are obtained unless it is reasonably certain that 
such records do not exist or that further efforts to obtain 
those records would be futile.’’. 
SEC. 6. CONDITIONS FOR TREATMENT OF CERTAIN PER-
SONS AS ADJUDICATED MENTALLY INCOM-
PETENT FOR CERTAIN PURPOSES. 
(a) IN GENERAL.—Chapter 55 of title 38, United 
States Code, is amended by adding at the end the following 
new section: 
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‘‘§ 5511. Conditions for treatment of certain persons as 
adjudicated mentally incompetent for cer-
tain purposes 
‘‘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 under sub-
section (d)(4) or (g)(4) of section 922 of title 18 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 add-
ing at the end the following new item: 
‘‘5511. Conditions for treatment of certain persons as adjudicated mentally incom-
petent for certain purposes.’’. 
SEC. 7. REINSTATEMENT OF PENALTIES FOR CHARGING 
VETERANS UNAUTHORIZED FEES. 
(a) IN GENERAL.—Section 5905 of title 38, United 
States Code, is amended to read as follows: 
‘‘§ 5905. Penalty for certain acts 
‘‘Except as provided in section 5904 or 1984 of this 
title, whoever— 
‘‘(1) in connection with a proceeding before the 
Department, knowingly solicits, contracts for, charges, 
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or receives any fee or compensation in connection 
for— 
‘‘(A) the provision of advice on how to file 
a claim for benefits under the laws administered 
by the Secretary; or 
‘‘(B) the preparation, presentation, or pros-
ecution of such a claim before the date on which 
a notice of disagreement is filed in a proceeding 
on the claim, 
or attempts to do so; 
‘‘(2) unlawfully withholds from any claimant or 
beneficiary any part of a benefit or claim under the 
laws administered by the Secretary that is allowed 
and due to the claimant or beneficiary, or attempts 
to do so; 
‘‘(3) commits an offense punishable by this chap-
ter, or aids, abets, counsels, commands, or procures 
the commission of such an act; or 
‘‘(4) causes an act to be done, which if directly 
performed would be punishable by this chapter, 
shall be fined as provided in title 18, or imprisoned for 
not more than one year, or both.’’. 
(b) EFFECTIVE DATE.—The amendment made by sub-
section (a) shall apply with respect to acts committed after 
the date of the enactment of this Act. 
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SEC. 8. PERFORMANCE AWARDS IN THE SENIOR EXECUTIVE 
SERVICE. 
For each of fiscal years 2012 through 2016, the Sec-
retary of Veterans Affairs may not pay more than 
$2,000,000 in performance awards under section 5384 of 
title 5, United States Code. 
SEC. 9. BUDGETARY EFFECTS OF THIS ACT. 
The budgetary effects of this Act, for the purpose of 
complying with the Statutory Pay-As-You-Go-Act of 2010, 
shall be determined by reference to the latest statement titled 
‘‘Budgetary Effects of PAYGO Legislation’’ for this Act, 
submitted for printing in the Congressional Record by the 
Chairman of the House Budget Committee, provided that 
such statement has been submitted prior to the vote on pas-
sage. 
Amend the title so as to read: ‘‘A bill to amend title 
38, United States Code, to improve the determination of 
annual income with respect to pensions for certain vet-
erans, to direct the Secretary of Veterans Affairs to es-
tablish a pilot program to assess the skills of certain em-
ployees and managers of the Veterans Benefits Adminis-
tration, and for other purposes.’’. 
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Union Calendar No. 159 
112TH CONGRESS 
1ST SESSION 
H. R. 2349 
[Report No. 112–241] 
A BILL 
To amend title 38, United States Code, to direct 
the Secretary of Veterans Affairs to annually as-
sess the skills of certain employees and managers 
of the Veterans Benefits Administration, and for 
other purposes. 
OCTOBER 6, 2011 
Reported with amendments, committed to the Committee 
of the Whole House on the State of the Union, and or-
dered to be printed 
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