S. 1711

One Hundred Fourth Congress

of the

United States of America

AT THE SECOND SESSION

Begun and held at the City of Washington on Wednesday,

the third day of January, one thousand nine hundred and ninety-six

An Act

To amend title 38, United States Code, to improve the benefits programs administered by the Secretary of Veterans Affairs, to provide for a study of the Federal

programs for veterans, 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 Improvements Act of 1996’’.

(b) TABLE OF CONTENTS.—The table of contents of this Act

is as follows:

Sec. 1. Short title; table of contents.

Sec. 2. References to title 38, United States Code.

TITLE I—EDUCATION BENEFITS

Sec. 101. Employment handicap for which an individual may receive training and

rehabilitation assistance.

Sec. 102. Permanent authority for alternative teacher certification programs.

Sec. 103. Period of operation for approval.

Sec. 104. Elimination of distinction between open circuit TV and independent

study.

Sec. 105. Cooperative programs.

Sec. 106. Enrollment of certain VEAP participants in Montgomery GI Bill.

Sec. 107. Montgomery GI Bill eligibility for certain active duty members of Army

and Air National Guard.

TITLE II—HOUSING AND MEMORIAL AFFAIRS

Subtitle A—Housing

Sec. 201. Extension of enhanced loan asset sale authority.

Sec. 202. Direct loans to refinance loans under Native American veteran housing

loan pilot program.

Subtitle B—Memorial Affairs

Sec. 211. Clarification of eligibility of minors for burial in national cemeteries.

Sec. 212. Burial benefits for certain veterans who die in State nursing homes.

Sec. 213. Outer burial receptacles.

TITLE III—EMPLOYMENT AND TRAINING

Subtitle A—Veterans’ Employment and Training

Sec. 301. Regional Administrator.

Sec. 302. Support personnel for Directors of Veterans’ Employment and Training.

Sec. 303. Pilot program to integrate and streamline functions of local veterans’ employment representatives.

Subtitle B—Technical Amendments Relating to the Uniformed Services Employment

and Reemployment Rights Act of 1994

Sec. 311. Amendments to chapter 43 of title 38, United States Code.

Sec. 312. Amendments to transition rules and effective dates.

Sec. 313. Effective dates.
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TITLE IV—VETERANS LIFE INSURANCE PROGRAMS

Sec. 401. Short title.

Sec. 402. Merger of Retired Reserve Servicemembers’ Group Life Insurance and

Veterans’ Group Life Insurance and extension of Veterans’ Group Life

Insurance to members of the Ready Reserve.

Sec. 403. Conversion of SGLI and VGLI to commercial life insurance policy.

Sec. 404. Information to be provided members concerning automatic maximum coverage of $200,000 under Servicemen’s Group Life Insurance.

Sec. 405. Renaming of Servicemen’s Group Life Insurance program.

Sec. 406. Technical amendment.

TITLE V—DEPARTMENT OF VETERANS AFFAIRS ADMINISTRATIVE

MATTERS

Sec. 501. Revision of authority relating to Centers for Minority Veterans and

Women Veterans.

Sec. 502. Limitation on clothing allowance for incarcerated veterans.

Sec. 503. Extension of Veterans’ Claims Adjudication Commission.

Sec. 504. Pilot program for use of contract physicians for disability examinations.

Sec. 505. Expansion of period of Vietnam era for certain veterans.

Sec. 506. Payment of benefit to surviving spouse for month in which veteran dies.

Sec. 507. Increase in period for which accrued benefits payable.

Sec. 508. Appointment of veterans service organizations as claimants’ representatives.

Sec. 509. Provision of copies of Board of Veterans’ Appeals decisions.

Sec. 510. Limitation on relocation or reduction in staffing of certain elements of the

Education Service of the Veterans Benefits Administration.

TITLE VI—OTHER MATTERS

Sec. 601. Extension of certain authorities for services for homeless veterans.

Sec. 602. Repair and long-term maintenance of war memorials.

TITLE VII—COMMISSION ON SERVICEMEMBERS AND VETERANS

TRANSITION ASSISTANCE

Sec. 701. Establishment of Commission.

Sec. 702. Duties of Commission.

Sec. 703. Powers of Commission.

Sec. 704. Miscellaneous administrative provisions.

Sec. 705. Commission personnel matters.

Sec. 706. Termination of Commission.

Sec. 707. Definitions.

Sec. 708. Funding.

SEC. 2. REFERENCES TO TITLE 38, UNITED STATES CODE.

Except as otherwise expressly provided, whenever in this Act

an amendment or repeal is expressed in terms of an amendment

to or repeal of a section or other provision, the reference shall

be considered to be made to a section or other provision of title

38, United States Code.

TITLE I—EDUCATION BENEFITS

SEC. 101. EMPLOYMENT HANDICAP FOR WHICH AN INDIVIDUAL MAY

RECEIVE TRAINING AND REHABILITATION ASSISTANCE.

(a) DEFINITIONS.—Section 3101 is amended—

(1) in paragraph (1), by inserting ‘‘, resulting in substantial

part from a disability described in section 3102(1)(A) of this

title,’’ after ‘‘impairment’’;

(2) in paragraph (6), by inserting ‘‘authorized under section

3120 of this title’’ after ‘‘assistance’’; and

(3) in paragraph (7), by inserting ‘‘, resulting in substantial

part from a service-connected disability rated at 10 percent

or more,’’ after ‘‘impairment’’.

(b) BASIC ENTITLEMENT.—Section 3102 is amended—
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(1) in paragraph (1)(A)(i), by striking out ‘‘which is’’ and

all that follows through ‘‘chapter 11 of this title and’’ and

inserting in lieu thereof ‘‘rated at 20 percent or more’’;

(2) in paragraph (2)(A), by striking out ‘‘which is’’ and

all that follows through ‘‘chapter 11 of this title and’’ and

inserting in lieu thereof ‘‘rated at 10 percent’’; and

(3) by amending paragraph (2)(B) to read as follows:

‘‘(B) is determined by the Secretary to be in need

of rehabilitation because of a serious employment handicap.’’.

(c) PERIODS OF ELIGIBILITY.—Section 3103 is amended—

(1) in subsection (b)(3), by striking out ‘‘described in section

3102(1)(A)(i) of this title’’ and inserting in lieu thereof ‘‘rated

at 10 percent or more’’;

(2) in subsection (c)—

(A) in the matter preceding paragraph (1), by striking

out ‘‘particular’’ and inserting in lieu thereof ‘‘current’’;

and

(B) in paragraph (2), by striking out ‘‘veteran’s employment’’ and inserting in lieu thereof ‘‘veteran’s current

employment’’; and

(3) in subsection (d), by striking out ‘‘under this chapter’’

and inserting in lieu thereof ‘‘in accordance with the provisions

of section 3120 of this title’’.

(d) SCOPE OF SERVICES AND ASSISTANCE.—Section 3104 is

amended—

(1) in subsection (a)—

(A) in paragraph (1)—

(i) by striking out ‘‘such veteran’s disability or

disabilities cause’’ and inserting in lieu thereof ‘‘the

veteran has an employment handicap or’’; and

(ii) by inserting ‘‘reasonably’’ after ‘‘goal is’’;

(B) in paragraph (7)(A)—

(i) by striking out ‘‘(i)’’; and

(ii) by striking out ‘‘, and (ii)’’ and all that follows

through ‘‘such Act’’; and

(C) in paragraph (12), by striking out ‘‘For the most

severely disabled veterans requiring’’ and inserting in lieu

thereof ‘‘For veterans with the most severe service-connected disabilities who require’’; and

(2) by striking out subsection (b) and redesignating subsection (c) as subsection (b).

(e) DURATION OF REHABILITATION PROGRAMS.—Paragraph (1)

of section 3105(c) is amended by striking out ‘‘veteran’s employment’’ and inserting in lieu thereof ‘‘veteran’s current employment’’.

(f) INITIAL AND EXTENDED EVALUATIONS; DETERMINATIONS

REGARDING SERIOUS EMPLOYMENT HANDICAP.—(1) Section 3106 is

amended—

(A) in subsection (a), by striking out ‘‘described in clause

(i) or (ii) of section 3102(1)(A) of this title’’ and inserting in

lieu thereof ‘‘rated at 10 percent or more’’;

(B) in subsection (b), by striking out ‘‘counseling in accordance with’’;

(C) in subsection (c), by striking out ‘‘with extended’’ and

inserting in lieu thereof ‘‘with an extended’’; and
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(D) by redesignating subsections (d) and (e) as subsections

(e) and (f), respectively, and inserting after subsection (c) the

following new subsection:

‘‘(d) In any case in which the Secretary has determined that

a veteran has a serious employment handicap and also determines,

following such initial and any such extended evaluation, that

achievement of a vocational goal currently is not reasonably feasible,

the Secretary shall determine whether the veteran is capable of

participating in a program of independent living services and assistance under section 3120 of this title.’’.

(2) Chapter 31 is amended—

(A) in section 3107(c)(2), by striking out ‘‘3106(e)’’ and

inserting in lieu thereof ‘‘3106(f)’’;

(B) in section 3109, by striking out ‘‘3106(d)’’ and inserting

in lieu thereof ‘‘3106(e)’’;

(C) in section 3118(c), by striking out ‘‘3106(e)’’ and inserting in lieu thereof ‘‘3106(f)’’; and

(D) in section 3120(b), by striking out ‘‘3106(d)’’ and inserting in lieu thereof ‘‘3106(d) or (e)’’.

(g) ALLOWANCES.—Section 3108 is amended—

(1) in subsection (a)(2), by striking out ‘‘following the

conclusion of such pursuit’’ and inserting in lieu thereof ‘‘while

satisfactorily following a program of employment services provided under section 3104(a)(5) of this title’’; and

(2) in subsection (f)(1)—

(A) in subparagraph (A)—

(i) by inserting ‘‘eligible for and’’ after ‘‘veteran

is’’;

(ii) by striking out ‘‘chapter 30 or 34’’ and inserting

in lieu thereof ‘‘chapter 30’’; and

(iii) by striking out ‘‘either chapter 30 or chapter

34’’ and inserting in lieu thereof ‘‘chapter 30’’; and

(B) in subparagraph (B), by striking out ‘‘chapter 30

or 34’’ and inserting in lieu thereof ‘‘chapter 30’’.

(h) EMPLOYMENT ASSISTANCE.—Paragraph (1) of section 3117(a)

is amended by inserting ‘‘rated at 10 percent or more’’ after ‘‘disability’’.

(i) PROGRAM OF INDEPENDENT LIVING SERVICES AND ASSIST- ANCE.—Section 3120 is amended—

(1) in subsection (b), by striking out ‘‘service-connected

disability described in section 3102(1)(A)’’ and inserting in lieu

thereof ‘‘serious employment handicap resulting in substantial

part from a service-connected disability described in section

3102(1)(A)(i)’’; and

(2) in subsection (d), by striking out ‘‘and (b)’’.

(j) EFFECTIVE DATE.—(1) Except as provided in paragraph (2),

the amendments made by this section shall take effect on the

date of the enactment of this Act.

(2) The amendments made by subsection (a) (other than paragraph (2)), subsection (d) (other than subparagraphs (A) and (B)

of paragraph (1)), and subsection (i) shall only apply with respect

to claims of eligibility or entitlement to services and assistance

(including claims for extension of such services and assistance)

under chapter 31 of title 38, United States Code, received by the

Secretary of Veterans Affairs on or after the date of the enactment

of this Act, including those claims based on original applications,

and applications seeking to reopen, revise, reconsider, or otherwise
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adjudicate or readjudicate on any basis claims for services and

assistance under such chapter.

SEC. 102. PERMANENT AUTHORITY FOR ALTERNATIVE TEACHER CERTIFICATION PROGRAMS.

Subsection (c) of section 3452 is amended by striking out ‘‘For

the period ending on September 30, 1996, such’’ and inserting

in lieu thereof ‘‘Such’’.

SEC. 103. PERIOD OF OPERATION FOR APPROVAL.

(a) IN GENERAL.—(1) Chapter 36 is amended—

(A) by striking out section 3689; and

(B) by striking out the item relating to section 3689 in

the table of sections at the beginning of such chapter.

(2) Subparagraph (C) of section 3680A(d)(2) is amended by

striking out ‘‘3689(b)(6) of this title’’ and inserting in lieu thereof

‘‘subsection (g)’’.

(b) DISAPPROVAL OF ENROLLMENT IN CERTAIN COURSES.—Section 3680A is amended by adding after subsection (d) the following

new subsections:

‘‘(e) The Secretary may not approve the enrollment of an eligible

veteran in a course not leading to a standard college degree offered

by a proprietary profit or proprietary nonprofit educational institution if—

‘‘(1) the educational institution has been operating for less

than two years;

‘‘(2) the course is offered at a branch of the educational

institution and the branch has been operating for less than

two years; or

‘‘(3) following either a change in ownership or a complete

move outside its original general locality, the educational

institution does not retain substantially the same faculty, student body, and courses as before the change in ownership

or the move outside the general locality (as determined in

accordance with regulations the Secretary shall prescribe)

unless the educational institution following such change or

move has been in operation for at least two years.

‘‘(f) The Secretary may not approve the enrollment of an eligible

veteran in a course as a part of a program of education offered

by an educational institution if the course is provided under contract

by another educational institution or entity and—

‘‘(1) the Secretary would be barred under subsection (e)

from approving the enrollment of an eligible veteran in the

course of the educational institution or entity providing the

course under contract; or

‘‘(2) the educational institution or entity providing the

course under contract has not obtained approval for the course

under this chapter.

‘‘(g) Notwithstanding subsections (e) and (f), the Secretary may

approve the enrollment of an eligible veteran in a course approved

under this chapter if the course is offered by an educational institution under contract with the Department of Defense or the Department of Transportation and is given on or immediately adjacent

to a military base, Coast Guard station, National Guard facility,

or facility of the Selected Reserve.’’.

(c) APPROVAL OF ACCREDITED COURSES.—Subsection (b) of section 3675 is amended to read as follows:
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‘‘(b) As a condition of approval under this section, the State

approving agency must find the following:

‘‘(1) The educational institution keeps adequate records,

as prescribed by the State approving agency, to show the

progress and grades of the eligible person or veteran and to

show that satisfactory standards relating to progress and conduct are enforced.

‘‘(2) The educational institution maintains a written record

of the previous education and training of the eligible person

or veteran that clearly indicates that appropriate credit has

been given by the educational institution for previous education

and training, with the training period shortened proportionately.

‘‘(3) The educational institution and its approved courses

meet the criteria of paragraphs (1), (2), and (3) of section

3676(c) of this title.’’.

SEC. 104. ELIMINATION OF DISTINCTION BETWEEN OPEN CIRCUIT TV

AND INDEPENDENT STUDY.

(a) VETERANS’ EDUCATIONAL ASSISTANCE PROGRAM.—Subsection (f) of section 3482 is amended by striking out ‘‘in part’’.

(b) SURVIVORS’ AND DEPENDENTS’ EDUCATIONAL ASSISTANCE.— Section 3523 is amended—

(1) in subsection (a)(4), by inserting ‘‘(including open circuit

television)’’ after ‘‘independent study program’’ the second place

it appears; and

(2) in subsection (c), by striking out ‘‘radio’’ and all that

follows through the end and inserting in lieu thereof ‘‘radio.’’.

(c) ADMINISTRATION OF EDUCATIONAL BENEFITS.—Subsection (c)

of section 3680A is amended by striking out ‘‘radio’’ and all that

follows through the end and inserting in lieu thereof ‘‘radio.’’.

SEC. 105. COOPERATIVE PROGRAMS.

(a) CHAPTER 30.—Section 3032 is amended by striking out

subsection (d) and redesignating subsections (e) and (f) as subsections (d) and (e), respectively.

(b) CHAPTER 32.—Section 3231 is amended by striking out

subsection (d) and redesignating subsections (e) and (f) as subsections (d) and (e), respectively.

(c) CHAPTER 35.—Subsection (b) of section 3532 is amended

by striking out ‘‘$327’’ and inserting in lieu thereof ‘‘$404’’.

(d) CHAPTER 1606.—Section 16131 of title 10, United States

Code, is amended—

(1) by striking out subsection (e) and redesignating subsections (f), (g), (h), (i), and (j) as subsections (e), (f), (g), (h),

and (i), respectively; and

(2) in subsection (b)(1), by striking out ‘‘(g)’’ and inserting

in lieu thereof ‘‘(f)’’.

SEC. 106. ENROLLMENT OF CERTAIN VEAP PARTICIPANTS IN

MONTGOMERY GI BILL.

(a) IN GENERAL.—Subchapter II of chapter 30 is amended by

inserting after section 3018B the following new section:

‘‘§ 3018C. Opportunity for certain VEAP participants to enroll

‘‘(a) Notwithstanding any other provision of law, an individual

who—
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‘‘(1) is a participant on the date of the enactment of the

Veterans’ Benefits Improvements Act of 1996 in the educational

benefits program provided by chapter 32 of this title;

‘‘(2) is serving on active duty (excluding the periods referred

to in section 3202(1)(C) of this title) on such date;

‘‘(3) before applying for benefits under this section, has

completed the requirements of a secondary school diploma (or

equivalency certificate) or has successfully completed the

equivalent of 12 semester hours in a program of education

leading to a standard college degree;

‘‘(4) if discharged or released from active duty during the

one-year period specified in paragraph (5), is discharged or

released therefrom with an honorable discharge; and

‘‘(5) during the one-year period beginning on the date of

the enactment of the Veterans’ Benefits Improvements Act

of 1996, makes an irrevocable election to receive benefits under

this section in lieu of benefits under chapter 32 of this title,

pursuant to procedures which the Secretary of each military

department shall provide in accordance with regulations prescribed by the Secretary of Defense for the purpose of carrying

out this section or which the Secretary of Transportation shall

provide for such purpose with respect to the Coast Guard

when it is not operating as a service in the Navy;

may elect to become entitled to basic educational assistance under

this chapter.

‘‘(b) With respect to an individual who makes an election under

subsection (a) to become entitled to basic education assistance under

this chapter—

‘‘(1) the basic pay of the individual shall be reduced (in

a manner determined by the Secretary of Defense) until the

total amount by which such basic pay is reduced is $1,200;

or

‘‘(2) to the extent that basic pay is not so reduced before

the individual’s discharge or release from active duty as specified in subsection (a)(4), the Secretary shall collect from the

individual an amount equal to the difference between $1,200

and the total amount of reductions under paragraph (1), which

shall be paid into the Treasury of the United States as miscellaneous receipts.

‘‘(c)(1) Except as provided in paragraph (3), an individual who

is enrolled in the educational benefits program provided by chapter

32 of this title and who makes the election described in subsection

(a)(5) shall be disenrolled from such chapter 32 program as of

the date of such election.

‘‘(2) For each individual who is disenrolled from such program,

the Secretary shall refund—

‘‘(A) to the individual, as provided in section 3223(b) of

this title and subject to subsection (b)(2) of this section, the

unused contributions made by the individual to the Post-Vietnam Era Veterans Education Account established pursuant

to section 3222(a) of this title; and

‘‘(B) to the Secretary of Defense the unused contributions

(other than contributions made under section 3222(c) of this

title) made by such Secretary to the Account on behalf of

such individual.

‘‘(3) Any contribution made by the Secretary of Defense to

the Post-Vietnam Era Veterans Education Account pursuant to
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subsection (c) of section 3222 of this title on behalf of any individual

referred to in paragraph (1) shall remain in such account to make

payments of benefits to such individual under section 3015(f) of

this title.

‘‘(d) The procedures provided in regulations referred to in subsection (a) shall provide for notice of the requirements of subparagraphs (B), (C), and (D) of section 3011(a)(3) and of subparagraph

(A) of section 3012(a)(3) of this title. Receipt of such notice shall

be acknowledged in writing.’’.

(b) CONFORMING AMENDMENTS.—(1) The table of sections at

the beginning of chapter 30 is amended by inserting after the

item relating to section 3018B the following new item:

‘‘3018C. Opportunity for certain VEAP participants to enroll.’’.

(2) Subsection (d) of section 3013 is amended by striking out

‘‘or 3018B’’ and inserting in lieu thereof ‘‘, 3018B, or 3018C’’.

(3) Subsection (f) of section 3015 is amended by inserting

‘‘, 3018B, or 3018C’’ after ‘‘section 3018A’’.

(c) TRANSFER OF EDUCATIONAL ASSISTANCE FUNDS.—(1)

Subparagraph (B) of section 3232(b)(2) is amended—

(A) by striking out ‘‘, for the purposes of section 1322(a)

of title 31,’’; and

(B) by striking out ‘‘as provided in such section’’ and inserting in lieu thereof ‘‘to the Secretary for payments for entitlement earned under subchapter II of chapter 30’’.

(2) Paragraph (1) of section 3035(b) is amended by inserting

before the period at the end the following: ‘‘and from transfers

from the Post-Vietnam Era Veterans Education Account pursuant

to section 3232(b)(2)(B) of this title’’.

SEC. 107. MONTGOMERY GI BILL ELIGIBILITY FOR CERTAIN ACTIVE

DUTY MEMBERS OF ARMY AND AIR NATIONAL GUARD.

(a) IN GENERAL.—Paragraph (7) of section 3002 is amended

by striking out ‘‘November 29, 1989’’ and inserting in lieu thereof

‘‘June 30, 1985’’.

(b) APPLICATION.—(1) An individual may only become eligible

for benefits under chapter 30 of title 38, United States Code, as

a result of the amendment made by subsection (a) by making

an election to become entitled to basic educational assistance under

such chapter. The election may only be made during the ninemonth period beginning on the date of the enactment of this Act

and in the manner required by the Secretary of Defense.

(2) In the case of any individual making an election under

paragraph (1)—

(A) the basic pay of an individual who, while a member

of the Armed Forces, makes an election under paragraph (1)

shall be reduced (in a manner determined by the Secretary

of Defense) until the total amount by which such basic pay

is reduced is $1,200; or

(B) to the extent that basic pay is not so reduced before

the individual’s discharge or release from active duty, the Secretary of Veterans Affairs shall collect from an individual who

makes such an election an amount equal to the difference

between $1,200 and the total amount of reductions under

subparagraph (A), which amount shall be paid into the Treasury

as miscellaneous receipts.
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(3) In the case of any individual making an election under

paragraph (1), the 10-year period referred to in section 3031 of

such title shall begin on the later of—

(A) the date determined under such section 3031; or

(B) the date on which the election under paragraph (1)

becomes effective.

TITLE II—HOUSING AND MEMORIAL

AFFAIRS

Subtitle A—Housing

SEC. 201. EXTENSION OF ENHANCED LOAN ASSET SALE AUTHORITY.

Paragraph (2) of section 3720(h) is amended by striking out

‘‘December 31, 1996’’ and inserting in lieu thereof ‘‘December 31,

1997’’.

SEC. 202. DIRECT LOANS TO REFINANCE LOANS UNDER NATIVE

AMERICAN VETERAN HOUSING LOAN PILOT PROGRAM.

(a) AUTHORITY.—Section 3762 is amended—

(1) by redesignating subsection (h) as subsection (i); and

(2) by inserting after subsection (g) the following new subsection (h):

‘‘(h)(1) The Secretary may make direct loans to Native American

veterans in order to enable such veterans to refinance existing

loans made under this section.

‘‘(2)(A) The Secretary may not make a loan under this subsection unless the loan meets the requirements set forth in subparagraphs (B), (C), and (E) of paragraph (1) of section 3710(e) of

this title.

‘‘(B) The Secretary may not make a loan under this subsection

unless the loan will bear an interest rate at least one percentage

point less than the interest rate borne by the loan being refinanced.

‘‘(C) Paragraphs (2) and (3) of such section 3710(e) shall apply

to any loan made under this subsection, except that for the purposes

of this subsection the reference to subsection (a)(8) of section 3710

of this title in such paragraphs (2) and (3) shall be deemed to

be a reference to this subsection.’’.

(b) LOAN FEE.—Section 3729(a)(2)(E) is amended by striking

out ‘‘or 3712(a)(1)(F)’’ and inserting in lieu thereof ‘‘3712(a)(1)(F),

or 3762(h)’’.

Subtitle B—Memorial Affairs

SEC. 211. CLARIFICATION OF ELIGIBILITY OF MINORS FOR BURIAL

IN NATIONAL CEMETERIES.

Section 2402(5) is amended by inserting after ‘‘minor child’’

the following: ‘‘(which for purposes of this chapter includes a child

under 21 years of age, or under 23 years of age if pursuing a

course of instruction at an approved educational institution)’’.

SEC. 212. BURIAL BENEFITS FOR CERTAIN VETERANS WHO DIE IN

STATE NURSING HOMES.

Subsection (a) of section 2303 is amended to read as follows:
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‘‘(a)(1) When a veteran dies in a facility described in paragraph

(2), the Secretary shall—

‘‘(A) pay the actual cost (not to exceed $300) of the burial

and funeral or, within such limits, may make contracts for

such services without regard to the laws requiring advertisement for proposals for supplies and services for the Department;

and

‘‘(B) when such a death occurs in a State, transport the

body to the place of burial in the same or any other State.

‘‘(2) A facility described in this paragraph is—

‘‘(A) a Department facility (as defined in section 1701(4)

of this title) to which the deceased was properly admitted

for hospital, nursing home, or domiciliary care under section

1710 or 1711(a) of this title; or

‘‘(B) an institution at which the deceased veteran was,

at the time of death, receiving—

‘‘(i) hospital care in accordance with section 1703 of

this title;

‘‘(ii) nursing home care under section 1720 of this

title; or

‘‘(iii) nursing home care for which payments are made

under section 1741 of this title.’’.

SEC. 213. OUTER BURIAL RECEPTACLES.

(a) IN GENERAL.—Subsection (d) of section 2306 is amended—

(1) in paragraph (1), by striking out ‘‘a grave liner’’ each

place it appears and inserting in lieu thereof ‘‘an outer burial

receptacle’’;

(2) in paragraph (2)—

(A) by striking out ‘‘grave liners’’ and inserting in

lieu thereof ‘‘outer burial receptacles’’; and

(B) by striking out ‘‘specifications and procedures’’ and

inserting in lieu thereof ‘‘regulations or procedures’’; and

(3) by adding at the end the following:

‘‘(3) Regulations or procedures under paragraph (2) may specify

that—

‘‘(A) an outer burial receptacle other than a grave liner

be provided in lieu of a grave liner at the election of the

survivors of the interred veteran; and

‘‘(B) if an outer burial receptacle other than a grave liner

is provided in lieu of a grave liner upon an election of such

survivors, such survivors be required—

‘‘(i) to pay the amount by which the cost of the outer

burial receptacle exceeds the cost of the grave liner that

would otherwise have been provided in the absence of

the election; and

‘‘(ii) to pay the amount of the administrative costs

incurred by the Secretary (or, with respect to Arlington

National Cemetery, the Secretary of the Army) in providing

the outer burial receptacle in lieu of such grave liner.

‘‘(4) Regulations or procedures under paragraph (2) may provide

for the use of a voucher system, or other system of reimbursement

approved by the Secretary (or, with respect to Arlington National

Cemetery, the Secretary of the Army), for payment for outer burial

receptacles other than grave liners provided under such regulations

or procedures.’’.
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(b) CONFORMING AMENDMENTS.—(1) The heading of such section

is amended to read as follows:

‘‘§ 2306. Headstones, markers, and burial receptacles’’.

(2) The table of sections at the beginning of chapter 23 is

amended by striking out the item relating to section 2306 and

inserting in lieu thereof the following new item:

‘‘2306. Headstones, markers, and burial receptacles.’’.

TITLE III—EMPLOYMENT AND

TRAINING

Subtitle A—Veterans’ Employment and

Training

SEC. 301. REGIONAL ADMINISTRATOR.

Paragraph (1) of section 4102A(e) is amended by adding at

the end the following: ‘‘Each Regional Administrator appointed after

the date of the enactment of the Veterans’ Benefits Improvements

Act of 1996 shall be a veteran.’’.

SEC. 302. SUPPORT PERSONNEL FOR DIRECTORS OF VETERANS’

EMPLOYMENT AND TRAINING.

Subsection (a) of section 4103 is amended—

(1) in the first sentence, by striking out ‘‘full-time Federal

clerical support’’ and inserting in lieu thereof ‘‘full-time Federal

clerical or other support personnel’’; and

(2) in the third sentence, by striking out ‘‘Full-time Federal

clerical support personnel’’ and inserting in lieu thereof ‘‘Fulltime Federal clerical or other support personnel’’.

SEC. 303. PILOT PROGRAM TO INTEGRATE AND STREAMLINE FUNCTIONS OF LOCAL VETERANS’ EMPLOYMENT REPRESENTATIVES.

(a) AUTHORITY TO CONDUCT PILOT PROGRAM.—In order to

assess the effects on the timeliness and quality of services to veterans resulting from re-focusing the staff resources of local veterans’

employment representatives, the Secretary of Labor may conduct

a pilot program under which the primary responsibilities of local

veterans’ employment representatives will be case management

and the provision and facilitation of direct employment and training

services to veterans.

(b) AUTHORITIES UNDER CHAPTER 41.—To implement the pilot

program, the Secretary of Labor may suspend or limit application

of those provisions of chapter 41 of title 38, United States Code

(other than sections 4104(b)(1) and (c)) that pertain to the Local

Veterans’ Employment Representative Program in States designated by the Secretary under subsection (d), except that the

Secretary may use the authority of such chapter, as the Secretary

may determine, in conjunction with the authority of this section,

to carry out the pilot program. The Secretary may collect such

data as the Secretary considers necessary for assessment of the

pilot program. The Secretary shall measure and evaluate on a

continuing basis the effectiveness of the pilot program in achieving

its stated goals in general, and in achieving such goals in relation
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to their cost, their effect on related programs, and their structure

and mechanisms for delivery of services.

(c) TARGETED VETERANS.—Within the pilot program, eligible

veterans who are among groups most in need of intensive services,

including disabled veterans, economically disadvantaged veterans,

and veterans separated within the previous four years from active

military, naval, or air service shall be given priority for service

by local veterans’ employment representatives. Priority for the

provision of service shall be given first to disabled veterans and

then to the other categories of veterans most in need of intensive

services in accordance with priorities determined by the Secretary

of Labor in consultation with appropriate State labor authorities.

(d) STATES DESIGNATED.—The pilot program shall be limited

to not more than five States to be designated by the Secretary

of Labor.

(e) REPORTS TO CONGRESS.—(1) Not later than one year after

the date of the enactment of this Act, the Secretary of Labor

shall submit to the Committees on Veterans’ Affairs of the Senate

and the House of Representatives an interim report describing

in detail the development and implementation of the pilot program

on a State by State basis.

(2) Not later than 120 days after the expiration of this section

under subsection (h), the Secretary of Labor shall submit to the

Committees on Veterans’ Affairs of the Senate and the House

of Representatives a final report evaluating the results of the pilot

program and make recommendations based on the evaluation, which

may include legislative recommendations.

(f) DEFINITIONS.—For the purposes of this section:

(1) The term ‘‘veteran’’ has the meaning given such term

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

(2) The term ‘‘disabled veteran’’ has the meaning given

such term by section 4211(3) of such title.

(3) The term ‘‘active military, naval, or air service’’ has

the meaning given such term by section 101(24) of such title.

(g) ALLOCATION OF FUNDS.—Any amount otherwise available

for fiscal year 1997, 1998, or 1999 to carry out section 4102A(b)(5)

of title 38, United States Code, with respect to a State designated

by the Secretary of Labor pursuant to subsection (d) shall be available to carry out the pilot program during that fiscal year with

respect to that State.

(h) EXPIRATION DATE.—The authority to carry out the pilot

program under this section shall expire on October 1, 1999.

Subtitle B—Technical Amendments Relating to the Uniformed Services Employment and Reemployment Rights Act of

1994

SEC. 311. AMENDMENTS TO CHAPTER 43 OF TITLE 38, UNITED STATES

CODE.

Chapter 43 is amended as follows:

(1) Section 4301(a)(2) is amended by striking out ‘‘under

honorable conditions’’.
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(2) Section 4303(16) is amended by inserting ‘‘national’’

before ‘‘emergency’’.

(3) Section 4311 is amended by striking out subsections

(b) and (c) and inserting in lieu thereof the following:

‘‘(b) An employer may not discriminate in employment against

or take any adverse employment action against any person because

such person (1) has taken an action to enforce a protection afforded

any person under this chapter, (2) has testified or otherwise made

a statement in or in connection with any proceeding under this

chapter, (3) has assisted or otherwise participated in an investigation under this chapter, or (4) has exercised a right provided for

in this chapter. The prohibition in this subsection shall apply with

respect to a person regardless of whether that person has performed

service in the uniformed services.

‘‘(c) An employer shall be considered to have engaged in actions

prohibited—

‘‘(1) under subsection (a), if the person’s membership,

application for membership, service, application for service, or

obligation for service in the uniformed services is a motivating

factor in the employer’s action, unless the employer can prove

that the action would have been taken in the absence of such

membership, application for membership, service, application

for service, or obligation for service; or

‘‘(2) under subsection (b), if the person’s (A) action to enforce

a protection afforded any person under this chapter, (B) testimony or making of a statement in or in connection with any

proceeding under this chapter, (C) assistance or other participation in an investigation under this chapter, or (D) exercise

of a right provided for in this chapter, is a motivating factor

in the employer’s action, unless the employer can prove that

the action would have been taken in the absence of such person’s enforcement action, testimony, statement, assistance,

participation, or exercise of a right.

‘‘(d) The prohibitions in subsections (a) and (b) shall apply

to any position of employment, including a position that is described

in section 4312(d)(1)(C) of this title.’’.

(4) Section 4312 is amended—

(A) in subsection (a), by striking out ‘‘who is absent

from a position of employment’’ and inserting in lieu thereof

‘‘whose absence from a position of employment is necessitated’’;

(B) in subsection (c)—

(i) by striking out ‘‘section 270’’ in paragraph (3)

and inserting in lieu thereof ‘‘section 10147’’; and

(ii) in paragraph (4)—

(I) by striking out ‘‘section 672(a), 672(g), 673,

673b, 673c, or 688’’ in subparagraph (A) and inserting in lieu thereof ‘‘section 688, 12301(a), 12301(g),

12302, 12304, or 12305’’;

(II) by amending subparagraph (B) to read

as follows:

‘‘(B) ordered to or retained on active duty (other than

for training) under any provision of law because of a war

or national emergency declared by the President or the

Congress, as determined by the Secretary concerned;’’;
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(III) by striking out ‘‘section 673b’’ in subparagraph (C) and inserting in lieu thereof ‘‘section

12304’’; and

(IV) by striking out ‘‘section 3500 or 8500’’

in subparagraph (E) and inserting in lieu thereof

‘‘section 12406’’; and

(C) in subsection (d)(2)(C), by striking out ‘‘is brief

or for a nonrecurrent period and without a reasonable

expectation’’ and inserting in lieu thereof ‘‘is for a brief,

nonrecurrent period and there is no reasonable expectation’’.

(5) Section 4313(a)(4) is amended—

(A) by striking out ‘‘uniform services’’ in subparagraph

(A)(ii) and inserting in lieu thereof ‘‘uniformed services’’;

and

(B) by striking out ‘‘of lesser status and pay which’’

and inserting in lieu thereof ‘‘which is the nearest approximation to a position referred to first in clause (A)(i) and

then in clause (A)(ii) which’’.

(6) Section 4316(d) is amended by adding at the end the

following new sentence: ‘‘No employer may require any such

person to use vacation, annual, or similar leave during such

period of service.’’.

(7) Section 4317(a) is amended—

(A) by striking out ‘‘(a)(1)(A) Subject to paragraphs

(2) and (3), in’’ and inserting in lieu thereof ‘‘(a)(1) In’’;

(B) by redesignating clauses (i) and (ii) of paragraph

(1) (as amended by subparagraph (A) of this paragraph)

as subparagraphs (A) and (B), respectively;

(C) by redesignating subparagraph (B) as paragraph

(2); and

(D) by redesignating subparagraph (C) as paragraph

(3), and in that paragraph by redesignating clauses (i)

and (ii) as subparagraphs (A) and (B), respectively, and

by redesignating subclauses (I) and (II) as clauses (i) and

(ii), respectively.

(8) The last sentence of section 4318(b)(2) is amended by

striking out ‘‘services,’’ and inserting in lieu thereof ‘‘services,

such payment period’’.

(9) Section 4322 is amended—

(A) in the second sentence of subsection (d) by inserting

‘‘attempt to’’ before ‘‘resolve’’; and

(B) in subsection (e)—

(i) in the matter preceding paragraph (1), by striking out ‘‘with respect to a complaint under subsection

(d) are unsuccessful,’’ and inserting in lieu thereof

‘‘with respect to any complaint filed under subsection

(a) do not resolve the complaint,’’; and

(ii) in paragraph (2), by inserting ‘‘or the Office

of Personnel Management’’ after ‘‘Federal executive

agency’’.

(10) Section 4323(a) is amended—

(A) in paragraph (1), by striking out ‘‘of an unsuccessful

effort to resolve a complaint’’; and

(B) in paragraph (2)(A), by striking out ‘‘regarding

the complaint under section 4322(c)’’ and inserting in lieu

thereof ‘‘under section 4322(a)’’.
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(11) Section 4324 is amended—

(A) in subsection (a)(1), by striking out ‘‘of an

unsuccessful effort to resolve a complaint relating to a

Federal executive agency’’;

(B) in subsection (b)—

(i) in the matter preceding paragraph (1), by inserting ‘‘or the Office of Personnel Management’’ after

‘‘Federal executive agency’’; and

(ii) in paragraph (1), by striking out ‘‘regarding

a complaint under section 4322(c)’’ and inserting in

lieu thereof ‘‘under section 4322(a)’’; and

(C) in subsection (c)(2)—

(i) by inserting ‘‘or the Office of Personnel Management’’ after ‘‘Federal executive agency’’; and

(ii) by striking out ‘‘employee’’ and inserting in

lieu thereof ‘‘Office’’.

(12) Section 4325(d)(1) is amended—

(A) by striking out ‘‘, alternative employment in the

Federal Government under this chapter,’’; and

(B) by striking out ‘‘employee’’ the last place it appears

and inserting in lieu thereof ‘‘employees’’.

(13) Section 4326(a) is amended by inserting ‘‘have reasonable access to and the right to interview persons with information relevant to the investigation and shall’’ after ‘‘at all reasonable times,’’.

SEC. 312. AMENDMENTS TO TRANSITION RULES AND EFFECTIVE

DATES.

(a) REEMPLOYMENT.—Section 8(a) of the Uniformed Services

Employment and Reemployment Rights Act of 1994 (Public Law

103–353; 108 Stat. 3175; 38 U.S.C. 4301 note) is amended—

(1) in paragraph (3), by adding at the end thereof the

following: ‘‘Any service begun up to 60 days after the date

of the enactment of this Act, which is served up to 60 days

after the date of the enactment of this Act pursuant to orders

issued under section 502(f) of title 32, United States Code,

shall be considered under chapter 43 of title 38, United States

Code, as in effect on the day before such date of enactment.

Any service pursuant to orders issued under such section 502(f)

served after 60 days after the date of the enactment of this

Act, regardless of when begun, shall be considered under the

amendments made by this Act.’’; and

(2) in paragraph (4), by striking out ‘‘such period’’ and

inserting in lieu thereof ‘‘such 60-day period’’.

(b) INSURANCE.—Section 8(c)(2) of such Act is amended by

striking out ‘‘person on active duty’’ and inserting in lieu thereof

‘‘person serving a period of service in the uniformed services’’.

SEC. 313. EFFECTIVE DATES.

(a) IN GENERAL.—Except as provided in subsection (b), the

amendments made by this subtitle shall take effect as of October

13, 1994.

(b) REORGANIZED TITLE 10 REFERENCES.—The amendments

made by clause (i), and subclauses (I), (III), and (IV) of clause

(ii), of section 311(4)(B) shall take effect as of December 1, 1994.
S. 1711—16

TITLE IV—VETERANS LIFE INSURANCE

PROGRAMS

SEC. 401. SHORT TITLE.

This title may be cited as the ‘‘Veterans’ Insurance Reform

Act of 1996’’.

SEC. 402. MERGER OF RETIRED RESERVE SERVICEMEMBERS’ GROUP

LIFE INSURANCE AND VETERANS’ GROUP LIFE INSURANCE

AND EXTENSION OF VETERANS’ GROUP LIFE INSURANCE

TO MEMBERS OF THE READY RESERVE.

(a) DEFINITIONS.—Section 1965(5) is amended—

(1) by adding ‘‘and’’ at the end of subparagraph (B);

(2) by striking out subparagraphs (C) and (D); and

(3) by redesignating subparagraph (E) as subparagraph

(C).

(b) PERSONS INSURED.—Section 1967 is amended—

(1) in subsection (a)—

(A) by inserting ‘‘and’’ at the end of paragraph (1);

(B) by striking out paragraphs (3) and (4); and

(C) in the matter following paragraph (2), by striking

out ‘‘or the first day a member of the Reserves, whether

or not assigned to the Retired Reserve of a uniformed

service, meets the qualifications of section 1965(5)(C) of

this title, or the first day a member of the Reserves meets

the qualifications of section 1965(5)(D) of this title,’’; and

(2) by striking out subsection (d).

(c) DURATION AND TERMINATION OF COVERAGE.—Section 1968

is amended—

(1) in subsection (a)—

(A) by striking out ‘‘subparagraph (B), (C), or (D) of

section 1965(5)’’ in the matter preceding paragraph (1)

and inserting in lieu thereof ‘‘section 1965(5)(B)’’;

(B) by striking out the period at the end of paragraphs

(1) and (2) and inserting in lieu thereof a semicolon;

(C) by striking out the period at the end of paragraph

(3) and inserting in lieu thereof ‘‘; and’’;

(D) in paragraph (4)—

(i) by striking out ‘‘one hundred and twenty days

after’’ in the matter preceding subparagraph (A) and

all that follows through ‘‘(A) unless on’’ and inserting

in lieu thereof ‘‘120 days after separation or release

from such assignment, unless on’’;

(ii) by striking out ‘‘prior to the expiration of one

hundred and twenty days’’ and inserting in lieu thereof

‘‘before the end of 120 days’’;

(iii) by striking out the semicolon after ‘‘such

assignment’’ and inserting in lieu thereof a period;

and

(iv) by striking out subparagraphs (B) and (C);

and

(E) by striking out paragraphs (5) and (6); and

(2) in subsection (b), by striking out the last two sentences.

(d) DEDUCTIONS.—Section 1969 is amended—
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(1) in subsection (a)(2), by striking out ‘‘is assigned to

the Reserve (other than the Retired Reserve)’’ and all that

follows through ‘‘section 1965(5)(D) of this title,’’;

(2) by striking out subsection (e); and

(3) by redesignating subsections (f) and (g) as subsections

(e) and (f), respectively.

(e) CONVERSION OF SGLI TO VGLI.—The Servicemembers’

Group Life Insurance of any member of the Retired Reserve of

a uniformed service shall be converted to Veterans’ Group Life

Insurance effective 90 days after the date of the enactment of

this Act.

SEC. 403. CONVERSION OF SGLI AND VGLI TO COMMERCIAL LIFE

INSURANCE POLICY.

(a) OPTION TO CONVERT SGLI.—Subsection (b) of section 1968,

as amended by section 402(c)(2), is amended—

(1) by inserting ‘‘(1)’’ after ‘‘(b)’’ at the beginning of the

subsection;

(2) by striking out ‘‘would cease,’’ in the first sentence

and all that follows through the period at the end of the

sentence and inserting in lieu thereof ‘‘would cease—

‘‘(A) shall be automatically converted to Veterans’ Group

Life Insurance, subject to (i) the timely payment of the initial

premium under terms prescribed by the Secretary, and (ii)

the terms and conditions set forth in section 1977 of this

title; or

‘‘(B) at the election of the member, shall be converted

to an individual policy of insurance as described in section

1977(e) of this title upon written application for conversion

made to the participating company selected by the member

and payment of the required premiums.’’; and

(3) by designating the second sentence as paragraph (2)

and in that sentence striking out ‘‘Such automatic conversion’’

and inserting in lieu thereof ‘‘Automatic conversion to Veterans’

Group Life Insurance under paragraph (1)’’.

(b) VGLI CONVERSION.—Section 1977 is amended—

(1) in subsection (a)—

(A) by inserting ‘‘(1)’’ after ‘‘(a)’’;

(B) by striking out the last two sentences; and

(C) by adding at the end the following:

‘‘(2) If any person insured under Veterans’ Group Life Insurance

again becomes insured under Servicemembers’ Group Life Insurance

but dies before terminating or converting such person’s Veterans’

Group Insurance, Veterans’ Group Life Insurance shall be payable

only if such person is insured for less than $200,000 under

Servicemembers’ Group Life Insurance, and then only in an amount

which, when added to the amount of Servicemembers’ Group Life

Insurance payable, does not exceed $200,000.’’; and

(2) in subsection (e)—

(A) in the first sentence, by inserting ‘‘at any time’’

after ‘‘shall have the right’’; and

(B) by striking out the third sentence and inserting

in lieu thereof the following: ‘‘The Veterans’ Group Life

Insurance policy converted to an individual policy under

this subsection shall terminate on the day before the date

on which the individual policy becomes effective.’’.
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SEC. 404. INFORMATION TO BE PROVIDED MEMBERS CONCERNING

AUTOMATIC MAXIMUM COVERAGE OF $200,000 UNDER

SERVICEMEN’S GROUP LIFE INSURANCE.

Section 1967, as amended by section 402(b), is further amended

by inserting after subsection (c) the following new subsection (d):

‘‘(d) Whenever a member has the opportunity to make an election under subsection (a) not to be insured under this subchapter,

or to be insured under this subchapter in an amount less than

the maximum amount of $200,000, and at such other times periodically thereafter as the Secretary concerned considers appropriate,

the Secretary concerned shall furnish to the member general

information concerning life insurance. Such information shall

include—

‘‘(1) the purpose and role of life insurance in financial

planning;

‘‘(2) the difference between term life insurance and whole

life insurance;

‘‘(3) the availability of commercial life insurance; and

‘‘(4) the relationship between Servicemembers’ Group Life

Insurance and Veterans’ Group Life Insurance.’’.

SEC. 405. RENAMING OF SERVICEMEN’S GROUP LIFE INSURANCE PROGRAM.

(a) IN GENERAL.—The program of insurance operated by the

Secretary of Veterans Affairs under subchapter III of chapter 19

of title 38, United States Code, is hereby redesignated as the

Servicemembers’ Group Life Insurance program.

(b) AMENDMENTS TO CHAPTER 19.— Chapter 19 is amended

as follows:

(1) The following provisions are amended by striking out

‘‘Servicemen’s Group Life Insurance’’ each place it appears and

inserting in lieu thereof ‘‘Servicemembers’ Group Life Insurance’’:

(A) Subsections (a), (c), and (e) of section 1967.

(B) Section 1968(b).

(C) Subsections (a) through (d) of section 1969.

(D) Subsections (a), (f), and (g) of section 1970.

(E) Section 1971(b).

(F) Section 1973.

(G) The first sentence of section 1974(a).

(H) Subsections (a), (d), and (g) of section 1977.

(2)(A) The heading of subchapter III is amended to read

as follows:

‘‘SUBCHAPTER III—SERVICEMEMBERS’ GROUP LIFE

INSURANCE’’.

(B) The heading of section 1974 is amended to read as

follows:

‘‘§ 1974. Advisory Council on Servicemembers’ Group Life

Insurance’’.

(3) The table of sections at the beginning of the chapter

is amended—

(A) by striking out the item relating to subchapter

III and inserting in lieu thereof the following:
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‘‘SUBCHAPTER III—SERVICEMEMBERS’ GROUP LIFE INSURANCE’’;

and

(B) by striking out the item relating to section 1974

and inserting in lieu thereof the following:

‘‘1974. Advisory Council on Servicemembers’ Group Life Insurance.’’.

(c) OTHER CONFORMING AMENDMENTS.—(1) Section 1315(f)(1)(F)

is amended by striking out ‘‘servicemen’s’’ the first place it appears

and inserting in lieu thereof ‘‘servicemembers’ ’’.

(2) Sections 3017(a)(2)(A)(i) and 3224(1) are amended by striking out ‘‘Servicemen’s’’ each place it appears and inserting in lieu

thereof ‘‘Servicemembers’ ’’.

(d) REFERENCES.—Any reference to Servicemen’s Group Life

Insurance or to the Advisory Council on Servicemen’s Group Life

Insurance in any Federal law, Executive order, regulation, delegation of authority, or other document of the Federal Government

shall be deemed to refer to Servicemembers’ Group Life Insurance

or the Advisory Council on Servicemembers’ Group Life Insurance,

respectively.

SEC. 406. TECHNICAL AMENDMENT.

Section 1977(a) is amended by striking out ‘‘and (e)’’ in the

first and second sentences.

TITLE V—DEPARTMENT OF VETERANS

AFFAIRS ADMINISTRATIVE MATTERS

SEC. 501. REVISION OF AUTHORITY RELATING TO CENTERS FOR

MINORITY VETERANS AND WOMEN VETERANS.

(a) SES STATUS OF DIRECTORS.—Sections 317(b) and 318(b)

are each amended by inserting ‘‘career or’’ before ‘‘noncareer’’.

(b) ADDITIONAL FUNCTIONS OF CENTER FOR MINORITY VETER- ANS.—Section 317(d) is amended—

(1) by redesignating paragraph (10) as paragraph (12);

and

(2) by inserting after paragraph (9) the following new paragraphs (10) and (11):

‘‘(10) Advise the Secretary and other appropriate officials

on the effectiveness of the Department’s efforts to accomplish

the goals of section 492B of the Public Health Service Act

(42 U.S.C. 289a–2) with respect to the inclusion of minorities

in clinical research and on particular health conditions affecting

the health of members of minority groups which should be

studied as part of the Department’s medical research program

and promote cooperation between the Department and other

sponsors of medical research of potential benefit to veterans

who are minorities.

‘‘(11) Provide support and administrative services to the

Advisory Committee on Minority Veterans provided for under

section 544 of this title.’’.

(c) DEFINITION OF MINORITY VETERANS.—Section 317 is amended by adding at the end the following:

‘‘(g) In this section—

‘‘(1) The term ‘veterans who are minorities’ means veterans

who are minority group members.
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‘‘(2) The term ‘minority group member’ has the meaning

given such term in section 544(d) of this title.’’.

(d) CLARIFICATION OF FUNCTIONS OF CENTER FOR WOMEN VET- ERANS.—Section 318(d)(10) is amended by striking out ‘‘(relating

to’’ and all that follows through ‘‘and of’’ and inserting in lieu

thereof ‘‘(42 U.S.C. 289a–2) with respect to the inclusion of women

in clinical research and on’’.

(e) ADDITIONAL FUNCTIONS OF ADVISORY COMMITTEES.—(1) Section 542(b) is amended by inserting ‘‘, including the Center for

Women Veterans’’ before the period at the end.

(2) Section 544(b) is amended by inserting ‘‘, including the

Center for Minority Veterans’’ before the period at the end.

(f) TERMINATION DATE OF ADVISORY COMMITTEE ON MINORITY

VETERANS.—Section 544(e) is amended by striking out ‘‘December

31, 1997’’ and inserting in lieu thereof ‘‘December 31, 1999’’.

SEC. 502. LIMITATION ON CLOTHING ALLOWANCE FOR INCARCERATED VETERANS.

(a) PRO RATA REDUCTION.—Chapter 53 is amended by inserting

after section 5313 the following new section:

‘‘§ 5313A. Limitation on payment of clothing allowance to

incarcerated veterans

‘‘In the case of a veteran who is incarcerated in a Federal,

State, or local penal institution for a period in excess of 60 days

and who is furnished clothing without charge by the institution,

the amount of any annual clothing allowance payable to the veteran

under section 1162 of this title shall be reduced by an amount

equal to 1⁄365 of the amount of the allowance otherwise payable

under that section for each day on which the veteran was so

incarcerated during the 12-month period preceding the date on

which payment of the allowance would be due. This section shall

be carried out under regulations prescribed by the Secretary.’’.

(b) CLERICAL AMENDMENT.—The table of sections at the beginning of such chapter is amended by inserting after the item relating

to section 5313 the following new item:

‘‘5313A. Limitation on payment of clothing allowance to incarcerated veterans.’’.

SEC. 503. EXTENSION OF VETERANS’ CLAIMS ADJUDICATION COMMISSION.

(a) EXTENSION OF TIME FOR SUBMISSION OF FINAL REPORT.—

Section 402(e)(2) of the Veterans’ Benefits Improvements Act of

1994 (Public Law 103–446; 108 Stat. 4661) is amended by striking

out ‘‘Not later than 18 months after such date’’ and inserting

in lieu thereof ‘‘Not later than December 31, 1996’’.

(b) FUNDING.—From amounts appropriated to the Department

of Veterans Affairs for each of fiscal years 1996 and 1997 for

the payment of compensation and pension, the amount of $75,000

is hereby made available for the activities of the Veterans’ Claims

Adjudication Commission under title IV of the Veterans’ Benefits

Improvements Act of 1994 (Public Law 103–446; 108 Stat. 4659;

38 U.S.C. 5101 note).

SEC. 504. PILOT PROGRAM FOR USE OF CONTRACT PHYSICIANS FOR

DISABILITY EXAMINATIONS.

(a) AUTHORITY.—The Secretary of Veterans Affairs, acting

through the Under Secretary for Benefits, may conduct a pilot

program under this section under which examinations with respect
S. 1711—21

to medical disability of applicants for benefits under laws administered by the Secretary that are carried out through the Under

Secretary for Benefits may be made by persons other than employees of the Department of Veterans Affairs. Any such examination

shall be performed pursuant to contracts entered into by the Under

Secretary for Benefits with those persons.

(b) LIMITATION.—The Secretary may carry out the pilot program

under this section through not more than 10 regional offices of

the Department of Veterans Affairs.

(c) SOURCE OF FUNDS.—Payments for contracts under the pilot

program under this section shall be made from amounts available

to the Secretary of Veterans Affairs for payment of compensation

and pensions.

(d) REPORT TO CONGRESS.—Not later than three years after

the date of the enactment of this Act, the Secretary shall submit

to the Congress a report on the effect of the use of the authority

provided by subsection (a) on the cost, timeliness, and thoroughness

of medical disability examinations.

SEC. 505. EXPANSION OF PERIOD OF VIETNAM ERA FOR CERTAIN VETERANS.

(a) IN GENERAL.—Paragraph (29) of section 101 is amended

to read as follows:

‘‘(29) The term ‘Vietnam era’ means the following:

‘‘(A) The period beginning on February 28, 1961, and ending

on May 7, 1975, in the case of a veteran who served in the

Republic of Vietnam during that period.

‘‘(B) The period beginning on August 5, 1964, and ending

on May 7, 1975, in all other cases.’’.

(b) LIMITED EXPANSION FOR SPECIFIC COMPENSATION PURPOSES.—(1) Paragraphs (1)(B) and (3) of section 1116(a) are each

amended by striking out ‘‘during the Vietnam era’’ and inserting

in lieu thereof ‘‘during the period beginning on January 9, 1962,

and ending on May 7, 1975,’’.

(2) Paragraphs (1)(A), (2)(C), (2)(E), (2)(F), and (4) of such

section are amended by striking out ‘‘during the Vietnam era’’

and inserting in lieu thereof ‘‘during the period beginning on January 9, 1962, and ending on May 7, 1975’’.

(c) LIMITED EXPANSION FOR SPECIFIC HEALTH CARE PURPOSES.—(1) The provision stipulated in paragraph (2) is amended—

(A) in clause (i), by striking out ‘‘during the Vietnam era,’’

and inserting in lieu thereof ‘‘during the period beginning on

January 9, 1962, and ending on May 7, 1975,’’; and

(B) in clause (ii), by striking out ‘‘such era’’ and inserting

in lieu thereof ‘‘such period’’.

(2) The provision referred to in paragraph (1)—

(A) if the Veterans’ Health Care Eligibility Reform Act

of 1996 is enacted as a measure of the One Hundred Fourth

Congress, is paragraph (4)(A) of section 1710(e) of title 38,

United States Code, as added by section 102 of such Act;

and

(B) if such Act is not enacted as a measure of the One

Hundred Fourth Congress, is paragraph (1)(A) of section 1710(e)

of such title.

(d) EFFECTIVE DATE.—The amendments made by this section

shall take effect on January 1, 1997. No benefit may be paid
S. 1711—22

or provided by reason of such amendments for any period before

such date.

SEC. 506. PAYMENT OF BENEFIT TO SURVIVING SPOUSE FOR MONTH

IN WHICH VETERAN DIES.

(a) BENEFIT FOR MONTH OF DEATH.—Section 5310 is amended—

(1) by inserting ‘‘(a)’’ before ‘‘If, in accordance with’’; and

(2) by adding at the end the following:

‘‘(b)(1) If the surviving spouse of a veteran who was in receipt

of compensation or pension at the time of death is not entitled

to death benefits under chapter 11, 13, or 15 of this title for

the month in which the veteran’s death occurs, that surviving

spouse shall be entitled to a benefit for that month in the amount

of benefits the veteran would have received under chapter 11 or

15 of this title for that month but for the death of the veteran.

‘‘(2) If (notwithstanding section 5112(b)(1) of this title) a check

or other payment is issued to, and in the name of, the deceased

veteran as a benefit payment under chapter 11 or 15 of this title

for the month in which death occurs, that check or other payment

(A) shall be treated for all purposes as being payable to the surviving spouse, and (B) if that check or other payment is negotiated

or deposited, shall be considered to be the benefit to which the

surviving spouse is entitled under this paragraph. However, if such

check or other payment is in an amount less than the amount

of the benefit under paragraph (1), the unpaid amount shall be

treated in the same manner as an accrued benefit under section

5121 of this title.’’.

(b) EFFECTIVE DATE.—The amendments made by this section

shall apply with respect to the death of compensation and pension

recipients occurring after December 31, 1996.

SEC. 507. INCREASE IN PERIOD FOR WHICH ACCRUED BENEFITS PAYABLE.

Subsection (a) of section 5121 is amended by striking out ‘‘one

year’’ in the matter preceding paragraph (1) and inserting in lieu

thereof ‘‘two years’’.

SEC. 508. APPOINTMENT OF VETERANS SERVICE ORGANIZATIONS AS

CLAIMANTS’ REPRESENTATIVES.

(a) POWER OF ATTORNEY NAMING A VETERANS SERVICE

ORGANIZATION.—Section 5902 is amended—

(1) by redesignating subsection (c) as subsection (d); and

(2) by inserting after subsection (b) the following new subsection (c):

‘‘(c)(1) Unless a claimant specifically indicates in a power of

attorney filed with the Department a desire to appoint only a

recognized representative of an organization listed in or approved

under subsection (a), the Secretary may, for any purpose, treat

the power of attorney naming such an organization, a specific

office of such an organization, or a recognized representative of

such an organization as the claimant’s representative as an appointment of the entire organization as the claimant’s representative.

‘‘(2) Whenever the Secretary is required or permitted to notify

a claimant’s representative, and the claimant has named in a power

of attorney an organization listed in or approved under subsection

(a), a specific office of such an organization, or a recognized representative of such an organization without specifically indicating

a desire to appoint only a recognized representative of the organiza-
S. 1711—23

tion, the Secretary shall notify the organization at the address

designated by the organization for the purpose of receiving the

notification concerned.’’.

(b) APPLICABILITY.—The amendments made by this section

apply to any power of attorney filed with the Department of Veterans Affairs, regardless of the date of its execution.

SEC. 509. PROVISION OF COPIES OF BOARD OF VETERANS’ APPEALS

DECISIONS.

Subsection (e) of section 7104 is amended to read as follows:

‘‘(e)(1) After reaching a decision on a case, the Board shall

promptly mail a copy of its written decision to the claimant at

the last known address of the claimant.

‘‘(2) If the claimant has an authorized representative, the Board

shall—

‘‘(A) mail a copy of its written decision to the authorized

representative at the last known address of the authorized

representative; or

‘‘(B) send a copy of its written decision to the authorized

representative by any means reasonably likely to provide the

authorized representative with a copy of the decision within

the same time a copy would be expected to reach the authorized

representative if sent by first-class mail.’’.

SEC. 510. LIMITATION ON RELOCATION OR REDUCTION IN STAFFING

OF CERTAIN ELEMENTS OF THE EDUCATION SERVICE OF

THE VETERANS BENEFITS ADMINISTRATION.

No funds available to the Department of Veterans Affairs may

be obligated or expended before January 1, 1998, to relocate any

function of, or to reduce the number of personnel assigned to,

any of the following elements of the Veterans Benefits Administration of the Department of Veterans Affairs:

(1) The Office of Education Procedures Systems.

(2) The Office of Education Operations.

(3) The Office of Education Policy and Program Administration.

TITLE VI—OTHER MATTERS

SEC. 601. EXTENSION OF CERTAIN AUTHORITIES FOR SERVICES FOR

HOMELESS VETERANS.

(a) AUTHORITY FOR COMMUNITY-BASED RESIDENTIAL CARE FOR

HOMELESS CHRONICALLY MENTALLY ILL VETERANS AND OTHER VETERANS.—Section 115(d) of the Veterans’ Benefits and Services Act

of 1988 (38 U.S.C. 1712 note) is amended by striking out ‘‘December

31, 1997’’ and inserting in lieu thereof ‘‘December 31, 1998’’.

(b) AUTHORIZATIONS OF APPROPRIATIONS FOR HOMELESS VETERANS REINTEGRATION PROJECTS.—Section 738(e)(1) of the Stewart

B. McKinney Homeless Assistance Act (42 U.S.C. 11448(e)(1)) is

amended by adding at the end the following:

‘‘(E) $10,000,000 for fiscal year 1997.

‘‘(F) $10,000,000 for fiscal year 1998.’’.

SEC. 602. REPAIR AND LONG-TERM MAINTENANCE OF WAR MEMORIALS.

(a) REPAIR AND LONG-TERM MAINTENANCE OF WAR MEMORIALS.—Section 5(b)(2) of the Act entitled ‘‘An Act for the creation
S. 1711—24

of an American Battle Monuments Commission to erect suitable

memorials commemorating the services of the American soldier

in Europe, and for other purposes’’, approved March 4, 1923 (36

U.S.C. 125(b)(2)), is amended—

(1) by inserting ‘‘(A)’’ after ‘‘(2)’’; and

(2) by adding at the end the following:

‘‘(B) In assuming responsibility for a war memorial under paragraph (1), the Commission may enter into arrangements with the

sponsors of the memorial to provide for the repair or long-term

maintenance of the memorial. Any funds transferred to the Commission for the purpose of this subparagraph shall, in lieu of subparagraph (A), be deposited by the Commission in the fund established

by paragraph (3).

‘‘(3)(A) There is established in the Treasury a fund which shall

be available to the Commission for expenses for the maintenance

and repair of memorials with respect to which the Commission

enters into arrangements under paragraph (2)(B). The fund shall

consist of (i) amounts deposited, and interest and proceeds credited,

under subparagraph (B), and (ii) obligations obtained under

subparagraph (C).

‘‘(B) The Commission shall deposit in the fund such amounts

from private contributions as may be accepted under paragraph

(2)(B). The Secretary of the Treasury shall credit to the fund the

interest on, and the proceeds from sale or redemption of, obligations

held in the fund.

‘‘(C) The Secretary of the Treasury shall invest any portion

of the fund that, as determined by the Commission, is not required

to meet current expenses. Each investment shall be made in an

interest bearing obligation of the United States or an obligation

guaranteed as to principal and interest by the United States that,

as determined by the Commission, has a maturity suitable for

the fund.

‘‘(D) The Commission shall separately account for all moneys

deposited in and expended from the fund with respect to each

war memorial for which an arrangement for the repair or longterm maintenance of the memorial is entered to under paragraph

(2)(B).’’.

(b) ACCOUNTING PROCEDURES RELATING TO RECEIPT AND

EXPENDITURE OF CONTRIBUTIONS.—Such Act is further amended

by adding at the end the following new section:

‘‘SEC. 14. (a) The Commission shall have a system of financial

controls to enable the Commission to comply with the requirements

of subsection (b) and section 5(b)(3)(D).

‘‘(b) The Commission shall—

‘‘(1) by March 1 of each year (beginning with 1998)—

‘‘(A) prepare a financial statement which covers all

accounts and associated activities of the Commission for

the preceding fiscal year and is consistent with the requirements of section 3515 of title 31, United States Code;

and

‘‘(B) submit the financial statement, together with a

narrative summary, to the Committees on Veterans’ Affairs

of the Senate and House of Representatives; and

‘‘(2) obtain an audit by the Comptroller General of the

United States of each financial statement prepared under paragraph (1)(A), which shall be conducted in accordance with
S. 1711—25

applicable generally accepted government auditing standards

and shall be in lieu of any audit otherwise required by law.

‘‘(c) The Commission may not obligate, withdraw, or expend

funds received as contributions before March 1, 1998.’’.

TITLE VII—COMMISSION ON SERVICEMEMBERS AND VETERANS TRANSITION ASSISTANCE

SEC. 701. ESTABLISHMENT OF COMMISSION.

(a) ESTABLISHMENT.—There is established a commission to be

known as the Commission on Servicemembers and Veterans Transition Assistance (hereafter in this title referred to as the ‘‘Commission’’).

(b) MEMBERSHIP.—(1) The Commission shall be composed of

12 members appointed from among private United States citizens

with appropriate and diverse experiences, expertise, and historical

perspectives on veterans, military, organizational, and management

matters. The members shall be appointed as follows:

(A) Four shall be appointed jointly by the chairman and

ranking minority member of the Committee on Veterans’ Affairs

of the House of Representatives.

(B) Four shall be appointed jointly by the chairman and

ranking minority member of the Committee on Veterans’ Affairs

of the Senate.

(C) Two shall be appointed jointly by the chairman and

ranking minority member of the Committee on National Security of the House of Representatives.

(D) Two shall be appointed jointly by the chairman and

ranking minority member of the Committee on Armed Services

of the Senate.

(2)(A) One member of the Commission appointed under each

of subparagraphs (A) and (B) of paragraph (1) shall be a representative of a veterans service organization.

(B) To the maximum extent practicable, the individuals

appointed under paragraph (1) as members of the Commission

shall be veterans.

(C) Not more than seven of the members of the Commission

may be members of the same political party.

(3) In addition to the members appointed under paragraph

(1), the following shall be nonvoting members of the Commission:

(A) The Under Secretary for Benefits of the Department

of Veterans Affairs.

(B) The Assistant Secretary of Defense for Force Management and Personnel.

(C) The Assistant Secretary of Labor for Veterans’ Employment and Training.

(4) The appointments of members of the Commission shall,

to the maximum extent practicable, be made after consultation

with representatives of veterans service organizations.

(5) The appointments of the members of the Commission shall

be made not later than 45 days after the date of the enactment

of this Act.

(c) PERIOD OF APPOINTMENT; VACANCIES.—Members shall be

appointed for the life of the Commission. Any vacancy in the
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Commission shall not affect its powers, but shall be filled in the

same manner as the original appointment.

(d) INITIAL MEETING.—Not later than 30 days after the date

on which all members of the Commission have been appointed

under subsection (b)(1), the Commission shall hold its first meeting.

(e) QUORUM.—A majority of the members of the Commission

shall constitute a quorum, but a lesser number may hold hearings.

(f) CHAIRMAN AND VICE CHAIRMAN.—The Commission shall

select a chairman and vice chairman from among its members.

(g) MEETINGS.—The Commission shall meet at the call of the

chairman of the Commission.

(h) PANELS.—The Commission may establish panels composed

of less than the full membership of the Commission for the purpose

of carrying out the Commission’s duties. The actions of such panels

shall be subject to the review and control of the Commission.

Any findings and determinations made by such a panel shall not

be considered the findings and determinations of the Commission

unless approved by the Commission.

(i) AUTHORITY OF INDIVIDUALS TO ACT FOR COMMISSION.—Any

member or agent of the Commission may, if authorized by the

Commission, take any action which the Commission is authorized

to take under this title.

SEC. 702. DUTIES OF COMMISSION.

(a) IN GENERAL.—The Commission shall—

(1) review the adequacy and effectiveness of veterans

transition assistance and benefits programs in providing assistance to members of the Armed Forces in making the transition

and adjustment to civilian life;

(2) review the allocation under law of responsibility for

the administration of veterans transition assistance and benefits programs among the various departments and agencies

of the Government and determine the feasibility and desirability of consolidating such administration;

(3) evaluate proposals for improving such programs, including proposals for alternative means of providing services delivered by such programs; and

(4) make recommendations to Congress regarding the need

for improvements in such programs.

(b) REVIEW OF PROGRAMS TO ASSIST MEMBERS OF THE ARMED

FORCES AT SEPARATION.—(1) While carrying out the general duties

specified in subsection (a), the members of the Commission

appointed under subparagraphs (C) and (D) of section 701(b)(1)

and the member specified in subparagraph (B) of section 701(b)(3)

shall review primarily the programs intended to assist members

of the Armed Forces at the time of their separation from service

in the Armed Forces, including programs designed to assist families

of such members.

(2) In carrying out the review, those members of the Commission shall determine the following:

(A) The adequacy of the programs referred to in paragraph

(1) for their purposes.

(B) The adequacy of the support of the Armed Forces

for such programs.

(C) The adequacy of funding levels for such programs.

(D) The effect, if any, of the existence of such programs

on military readiness.
S. 1711—27

(E) The extent to which such programs provide members

of the Armed Forces with job-search skills.

(F) The extent to which such programs prepare such members for employment in the private sector and in the public

sector.

(G) The effectiveness of such programs in assisting such

members in finding employment in the public sector upon their

separation from service.

(H) The ways in which such programs could be improved.

(3) In carrying out the review, the Commission shall make

use of previous studies which have been made of such programs.

(c) REVIEW OF PROGRAMS TO ASSIST VETERANS.—(1) While

carrying out the general duties specified in subsection (a), the

members of the Commission appointed under subparagraphs (A)

and (B) of section 701(b)(1) and the members specified in subparagraphs (A) and (C) of section 701(b)(3) shall review the following

programs:

(A) Educational assistance programs.

(B) Job counseling, job training, and job placement services

programs.

(C) Rehabilitation and training programs.

(D) Housing loan programs.

(E) Small business loan and small business assistance programs.

(F) Employment and employment training programs for

employment in the public sector and the private sector, including employer training programs and union apprenticeship programs.

(G) Government personnel policies (including veterans’

preference policies) and the enforcement of such policies.

(H) Programs that prepare the families of members of

the Armed Forces for their transition from military life to

civilian life and facilitate that transition.

(2) In carrying out the review, such members of the Commission

shall determine the following:

(A) The adequacy of the programs referred to in paragraph

(1) for their purposes.

(B) The adequacy of the support of the Department of

Veterans Affairs for such programs.

(C) The adequacy of funding levels for such programs.

(D) The extent to which such programs provide veterans

with job-search skills.

(E) The extent to which such programs prepare veterans

for employment in the private sector and in the public sector.

(F) The effectiveness of such programs in assisting veterans

in finding employment in the public sector upon their separation from service.

(G) The ways in which such programs could be improved.

(d) REPORTS.—(1) Not later than 90 days after the date on

which all members of the Commission have been appointed under

section 701(b)(1), the Commission shall submit to the Committees

on Veterans’ Affairs and Armed Services of the Senate and the

Committees on Veterans’ Affairs and National Security of the House

of Representatives a report setting forth a plan for the work of

the Commission. The Commission shall develop the plan in consultation with the Secretary of Defense, the Secretary of Veterans
S. 1711—28

Affairs, the Secretary of Labor, and the heads of other appropriate

departments and agencies of the Government.

(2)(A) Not later than 18 months after the date of the first

meeting of the Commission, the Commission shall submit to the

committees referred to in paragraph (1), and to the Secretary of

Defense, the Secretary of Veterans Affairs, and the Secretary of

Labor, a report setting forth the activities, findings, and recommendations of the Commission, including any recommendations

for legislative action and administrative action as the Commission

considers appropriate.

(B) Not later than 90 days after receiving the report referred

to in subparagraph (A), the Secretary of Defense, the Secretary

of Veterans Affairs, and the Secretary of Labor shall jointly transmit

the report to Congress, together with the Secretaries’ comments

on the report.

SEC. 703. POWERS OF COMMISSION.

(a) HEARINGS.—The Commission may hold such hearings, sit

and act at such times and places, take such testimony, and receive

such evidence as the Commission considers advisable to carry out

the purposes of this title.

(b) INFORMATION FROM FEDERAL AGENCIES.—The Commission

may secure directly from the Department of Defense, the Department of Veterans Affairs, and any other department or agency

of the Government such information as the Commission considers

necessary to carry out its duties under this title. Upon request

of the chairman of the Commission, the head of such department

or agency shall furnish such information expeditiously to the

Commission.

SEC. 704. MISCELLANEOUS ADMINISTRATIVE PROVISIONS.

(a) POSTAL SERVICES.—The Commission may use the United

States mails in the same manner and under the same conditions

as other departments and agencies of the Government.

(b) GIFTS.—The Commission may accept, use, and dispose of

gifts or donations of services or property.

(c) MISCELLANEOUS ADMINISTRATIVE SUPPORT.—The Secretary

of Defense, the Secretary of Veterans Affairs, and the Secretary

of Labor shall, upon the request of the chairman of the Commission,

furnish the Commission, on a reimbursable basis, any administrative and support services as the Commission may require.

SEC. 705. COMMISSION PERSONNEL MATTERS.

(a) COMPENSATION OF MEMBERS.—Each member of the Commission may be compensated at a rate equal to the daily equivalent

of the annual rate of basic pay prescribed for level IV of the

Executive Schedule under section 5315 of title 5, United States

Code, for each day (including travel time) during which such member is engaged in performing the duties of the Commission.

(b) TRAVEL AND TRAVEL EXPENSES.—(1) Members and personnel

of the Commission may travel on military aircraft, military vehicles,

or other military conveyances when travel is necessary in the

performance of a duty of the Commission except when the cost

of commercial transportation is less expensive.

(2) The members of the Commission may be allowed travel

expenses, including per diem in lieu of subsistence, at rates authorized for employees of agencies under subchapter I of chapter 57

of title 5, United States Code, while away from their homes or
S. 1711—29

regular places of business in the performance of services for the

Commission.

(c) STAFF.—(1) The chairman of the Commission may, without

regard to civil service laws and regulations, appoint and terminate

an executive director and up to five additional staff members as

may be necessary to enable the Commission to perform its duties.

In appointing an individual as executive director, the chairman

shall, to the maximum extent practicable, attempt to appoint an

individual who is a veteran. The employment of an executive director shall be subject to confirmation by the Commission.

(2) The chairman of the Commission may fix the compensation

of the executive director and other personnel without regard to

the provisions of chapter 51 and subchapter III of chapter 53

of title 5, United States Code, relating to classification of positions

and General Schedule pay rates, except that the rate of pay for

the executive director and other staff members may not exceed

the rate payable for level V of the Executive Schedule under section

5316 of such title.

(d) DETAIL OF GOVERNMENT EMPLOYEES.—Upon request of the

chairman of the Commission, the head of any department or agency

of the Government may detail, on a nonreimbursable basis, any

personnel of the department or agency to the Commission to assist

the Commission in carrying out its duties.

(e) PROCUREMENT OF TEMPORARY AND INTERMITTENT SERV- ICES.—The chairman of the Commission may procure temporary

and intermittent services under section 3109(b) of title 5, United

States Code, at rates for individuals which do not exceed the daily

equivalent of the annual rate of basic pay prescribed for level

IV of the Executive Schedule under section 5316 of such title.

SEC. 706. TERMINATION OF COMMISSION.

The Commission shall terminate 90 days after the date on

which it submits its report under section 702(d)(2).

SEC. 707. DEFINITIONS.

For the purposes of this title:

(1) The term ‘‘veterans transition assistance and benefits

program’’ means any program of the Government the purpose

of which is—

(A) to assist, by rehabilitation or other means, members

of the Armed Forces in readjusting or otherwise making

the transition to civilian life upon their separation from

service in the Armed Forces; or

(B) to assist veterans in making the transition to

civilian life.

(2) The term ‘‘Armed Forces’’ has the meaning given such

term in section 101(10) of title 38, United States Code.

(3) The term ‘‘veteran’’ has the meaning given such term

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

(4) The term ‘‘veterans service organization’’ means any

organization covered by section 5902(a) of title 38, United States

Code.

SEC. 708. FUNDING.

(a) IN GENERAL.—The Secretary of Defense shall, upon the

request of the chairman of the Commission, make available to

the Commission such amounts as the Commission may require

to carry out its duties under this title. The Secretary shall make
S. 1711—30

such amounts available from amounts appropriated for the Department of Defense, except that such amounts may not be from

amounts appropriated for the transition assistance program (TAP),

the Army career alumni program (ACAP), or any similar program.

(b) AVAILABILITY.—Any sums made available to the Commission

under subsection (a) shall remain available, without fiscal year

limitation, until the termination of the Commission.

Speaker of the House of Representatives.

Vice President of the United States and

President of the Senate.