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 transi-
tion program for new veterans, to improve the disability 
claim system, and for other purposes. 
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Be it enacted by the Senate and House of Representa-
tives 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 ‘‘Vet-
erans 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 Vet-
erans’ Appeals. 
Sec. 5. Exclusion of certain amounts from determination of annual income with 
respect to pensions for veterans and surviving spouses and chil-
dren 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 in-
competent. 
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: 
‘‘§ 4115. Military transition program 
‘‘(a) ESTABLISHMENT; ELIGIBILITY.—(1) Subject to 
the availability of appropriations for such purpose, the Sec-
retary of Veterans Affairs and the Assistant Secretary of 
Labor for Veterans’ Employment and Training shall jointly 
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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 vet-
eran’ 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 ap-
plication for the program established under this sec-
tion; 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— 
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‘‘(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 non-
veterans in similar jobs; and 
‘‘(3) the Assistant Secretary of Labor for Vet-
erans’ Employment and Training reasonably expects 
that— 
‘‘(A) the veteran will be qualified for em-
ployment in that field upon completion of train-
ing; and 
‘‘(B) the employer providing the program 
will continue to employ the veteran at the com-
pletion of training. 
‘‘(c) PAYMENTS TO EMPLOYERS.—(1) Subject to the 
availability of appropriations for such purpose, the Assist-
ant Secretary of Labor for Veterans’ Employment and 
Training shall enter into contracts with employers to pro-
vide 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 re-
quirements. 
‘‘(2) The amount paid under this section with respect 
to any eligible veteran for any period shall be 50 percent 
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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 re-
spect to a veteran participating in the program estab-
lished 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 pro-
gram on a less than full-time basis, the Assistant Secretary 
of Labor for Veterans’ Employment and Training may ex-
tend the number of months of payments under subpara-
graph (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 appren-
ticeship 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 
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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 As-
sistant Secretary may specify. Such report shall be sub-
mitted 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 de-
scription 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 pro-
gram 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’’. 
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(2) Subsections (a)(1) and (c) of section 3241 of such 
title are each amended by striking ‘‘section 3687’’ and in-
serting ‘‘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 SEC-
RETARY 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 avail-
able by the Secretary with respect to such claim; and 
‘‘(B) expeditious treatment to such claim. 
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‘‘(2) If a person submits to the Secretary any written 
notification sufficient to inform the Secretary that the per-
son 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 expedi-
tious treatment to the claim. 
‘‘(3) If the Secretary determines that a claim sub-
mitted 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 attor-
ney; or 
‘‘(II) submits, together with the claim, 
an appropriate indication that the claim-
ant does not intend to submit any addi-
tional information or evidence in support of 
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the claim and does not require additional 
assistance with respect to the claim; and 
‘‘(ii) for which the claimant or the claim-
ant’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 ad-
ministered by the Secretary, treatment of such claim 
so that the claim is fully processed and adjudicated 
within 90 days after the Secretary receives an appli-
cation 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 re-
quired 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. 
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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 para-
graph: 
‘‘(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 con-
sidered 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 
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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 DETER-
MINATION OF ANNUAL INCOME WITH RE-
SPECT TO PENSIONS FOR VETERANS AND 
SURVIVING SPOUSES AND CHILDREN OF VET-
ERANS. 
(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, 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 
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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) CERTAIN AMOUNTS PAID BY STATES AND MUNICI-
PALITIES 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 para-
graph (12); and 
(3) by inserting after paragraph (10) the fol-
lowing new paragraph (11): 
‘‘(11) payment of a monetary amount of up to 
$5,000 to a veteran from a State or municipality that 
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is paid as a veterans’ benefit due to injury or disease; 
and’’. 
(c) EFFECTIVE DATE.—The amendments made by sub-
sections (a) and (b) shall apply with respect to determina-
tions of income for calendar years beginning after October 
1, 2011. 
SEC. 6. EXTENSION OF AUTHORITY OF SECRETARY OF VET-
ERANS AFFAIRS TO OBTAIN CERTAIN INCOME 
INFORMATION FROM OTHER AGENCIES. 
Section 5317 of title 38, United States Code, is amend-
ed by striking ‘‘September 30, 2011’’ and inserting ‘‘Sep-
tember 30, 2015’’. 
SEC. 7. VETSTAR AWARD PROGRAM. 
(a) ESTABLISHMENT.—The Secretary of Veterans Af-
fairs shall establish an award program, to be known as the 
‘‘VetStar Award Program’’, to annually recognize busi-
nesses for their contributions to veterans’ employment. 
(b) ADMINISTRATION.—The Secretary shall establish a 
process for the administration of the award program, in-
cluding 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. 
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(c) VETERAN DEFINED.—In this section, the term ‘‘vet-
eran’’ 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 PER-
SONS AS ADJUDICATED MENTALLY INCOM-
PETENT. 
(a) IN GENERAL.—Chapter 55 of title 38, United 
States Code, is amended by adding at the end the following 
new section: 
‘‘§ 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 pur-
pose 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.’’. 
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(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.’’. 
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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 
a transition program for new veterans, to im-
prove the disability claim system, and for other 
purposes. 
SEPTEMBER 28, 2010 
Reported with an amendment, committed to the Com-
mittee of the Whole House on the State of the Union, 
and ordered to be printed 
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