IIB
111th CONGRESS
2d Session
H. R. 6132
IN THE SENATE OF THE UNITED STATES
September 29, 2010
Received; read twice and referred to the Committee on Veterans' Affairs
AN ACT
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.
Short title; table of contents
Short title
This Act may be cited
as the Veterans Benefits and Economic
Welfare Improvement Act of 2010
.
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. Compliance with Statutory Pay-As-You-Go Act of 2010.
Military transition program
In general
Chapter 41 of title 38, United States Code, is amended by inserting after section 4114 the following new section:
Military transition program
Establishment; eligibility
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.
For purposes of this section, the term
eligible veteran
means any veteran whom the Secretary of
Veterans Affairs determines—
is not otherwise eligible for education or training services under this title;
has not acquired a marketable skill since being separated or released from service in the Armed Forces;
was discharged under honorable conditions; and
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
during such 180-day period received a maximum hourly rate of pay of not more than 150 percent of the Federal minimum wage.
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—
such program is approved as provided in paragraph (1) or (2) of section 3687(a) of this title;
the rate of pay for veterans participating in the program is not less than the rate of pay for nonveterans in similar jobs; and
the Assistant Secretary of Labor for Veterans’ Employment and Training reasonably expects that—
the veteran will be qualified for employment in that field upon completion of training; and
the employer providing the program will continue to employ the veteran at the completion of training.
Payments to employers
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.
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.
Except as provided in subparagraph (B)—
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
such payments may only be made during the first 12 months of such veteran’s participation in the program.
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.
Payments under this section shall be made on a quarterly basis.
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.
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.
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.
Termination
The authority to carry out a program under this section shall terminate on September 30, 2016.
.
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.
.
Conforming amendments
Subsection (a)(1) of section 3034 of such
title is amended by striking and 3687
and inserting 3687,
and 4115
.
Subsections (a)(1) and (c) of section
3241 of such title are each amended by striking section 3687
and
inserting sections 3687 and 4115
.
Subsection (d)(1) of section 3672 of
such title is amended by striking and 3687
and inserting
3687, and 4115
.
Paragraph (3) of section 4102A(b) of such
title is amended by striking section 3687
and inserting
section 3687 or 4115
.
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.
Waiver of claim development period for claims under laws administered by Secretary of Veterans Affairs
In general
Section 5101 of title 38, United States Code, is amended by adding at the end the following new subsection:
If a claimant submits to the Secretary a claim that the Secretary determines is a fully developed claim, the Secretary shall provide—
the claimant with the opportunity to waive any claim development period otherwise made available by the Secretary with respect to such claim; and
expeditious treatment to such claim.
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.
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.
For purposes of this section:
The term fully developed
claim
means a claim—
for which the claimant—
received assistance from a veterans service officer, a State or county veterans service organization, an agent, or an attorney; or
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
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.
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.
.
Appeals form availability
Subsection (b) of section 5104 of such title is amended—
by striking
and (2)
and inserting (2)
; and
by inserting
before the period at the end the following: , and (3) any form or
application required by the Secretary to appeal such decision
.
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.
Tolling of timing of review for appeals of final decisions of Board of Veterans' Appeals
In general
Section 7266(a) of title 38, United States Code, is amended—
by striking In order
and
inserting (1) Except as provided in paragraph (2), in order
;
and
by adding at the end the following new paragraph:
The 120-day period described in paragraph (1) shall be extended upon a showing of good cause for such time as justice may require.
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.
.
Applicability
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.
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.
Exclusion of certain amounts from determination of annual income with respect to pensions for veterans and surviving spouses and children of veterans
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:
payments regarding—
reimbursements of any kind (including insurance settlement payments) for—
expenses related to the repayment, replacement, or repair of equipment, vehicles, items, money, or property resulting from—
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;
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
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
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
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;
.
Certain amounts paid by States and municipalities as veterans benefits
Section 1503(a) of title 38, United States Code, is amended—
by striking
and
at the end of paragraph (10);
by redesignating paragraph (11) as paragraph (12); and
by inserting after paragraph (10) the following new paragraph (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
.
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.
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
.
VetStar Award program
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.
Administration
The Secretary shall establish a process for the administration of the award program, including criteria for—
categories and sectors of businesses eligible for recognition each year; and
objective measures to be used in selecting businesses to receive the award.
Veteran defined
In this section, the term veteran
has the
meaning given that term in
section
101(2) of title 38, United States Code.
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
.
Compliance with Statutory Pay-As-You-Go Act of 2010
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 passage.
Passed the House of Representatives September 28, 2010.
Lorraine C. Miller,
Clerk.