104TH CONGRESS

2D SESSION S. 1711

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.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

4 (a) SHORT TITLE.—This Act may be cited as the

5 ‘‘Veterans’ Benefits Improvements Act of 1996’’.
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1 (b) TABLE OF CONTENTS.—The table of contents of

2 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.

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.
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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.

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

2 Except as otherwise expressly provided, whenever in

3 this Act an amendment or repeal is expressed in terms

4 of an amendment to or repeal of a section or other provi5 sion, the reference shall be considered to be made to a

6 section or other provision of title 38, United States Code.
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1 TITLE I—EDUCATION BENEFITS

2 SEC. 101. EMPLOYMENT HANDICAP FOR WHICH AN INDI3 VIDUAL MAY RECEIVE TRAINING AND REHA4 BILITATION ASSISTANCE.

5 (a) DEFINITIONS.—Section 3101 is amended—

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

7 in substantial part from a disability described in sec8 tion 3102(1)(A) of this title,’’ after ‘‘impairment’’;

9 (2) in paragraph (6), by inserting ‘‘authorized

10 under section 3120 of this title’’ after ‘‘assistance’’;

11 and

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

13 in substantial part from a service-connected disabil14 ity rated at 10 percent or more,’’ after ‘‘impair15 ment’’.

16 (b) BASIC ENTITLEMENT.—Section 3102 is amend17 ed—

18 (1) in paragraph (1)(A)(i), by striking out

19 ‘‘which is’’ and all that follows through ‘‘chapter 11

20 of this title and’’ and inserting in lieu thereof ‘‘rated

21 at 20 percent or more’’;

22 (2) in paragraph (2)(A), by striking out ‘‘which

23 is’’ and all that follows through ‘‘chapter 11 of this

24 title and’’ and inserting in lieu thereof ‘‘rated at 10

25 percent’’; and
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1 (3) by amending paragraph (2)(B) to read as

2 follows:

3 ‘‘(B) is determined by the Secretary to be

4 in need of rehabilitation because of a serious

5 employment handicap.’’.

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

7 amended—

8 (1) in subsection (b)(3), by striking out ‘‘de9 scribed in section 3102(1)(A)(i) of this title’’ and in10 serting in lieu thereof ‘‘rated at 10 percent or

11 more’’;

12 (2) in subsection (c)—

13 (A) in the matter preceding paragraph (1),

14 by striking out ‘‘particular’’ and inserting in

15 lieu thereof ‘‘current’’; and

16 (B) in paragraph (2), by striking out ‘‘vet17 eran’s employment’’ and inserting in lieu there18 of ‘‘veteran’s current employment’’; and

19 (3) in subsection (d), by striking out ‘‘under

20 this chapter’’ and inserting in lieu thereof ‘‘in ac21 cordance with the provisions of section 3120 of this

22 title’’.

23 (d) SCOPE OF SERVICES AND ASSISTANCE.—Section

24 3104 is amended—

25 (1) in subsection (a)—
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1 (A) in paragraph (1)—

2 (i) by striking out ‘‘such veteran’s dis3 ability or disabilities cause’’ and inserting

4 in lieu thereof ‘‘the veteran has an employ5 ment handicap or’’; and

6 (ii) by inserting ‘‘reasonably’’ after

7 ‘‘goal is’’;

8 (B) in paragraph (7)(A)—

9 (i) by striking out ‘‘(i)’’; and

10 (ii) by striking out ‘‘, and (ii)’’ and all

11 that follows through ‘‘such Act’’; and

12 (C) in paragraph (12), by striking out

13 ‘‘For the most severely disabled veterans requir14 ing’’ and inserting in lieu thereof ‘‘For veterans

15 with the most severe service-connected disabil16 ities who require’’; and

17 (2) by striking out subsection (b) and redesig18 nating subsection (c) as subsection (b).

19 (e) DURATION OF REHABILITATION PROGRAMS.—

20 Paragraph (1) of section 3105(c) is amended by striking

21 out ‘‘veteran’s employment’’ and inserting in lieu thereof

22 ‘‘veteran’s current employment’’.

23 (f) INITIAL AND EXTENDED EVALUATIONS; DETER24 MINATIONS REGARDING SERIOUS EMPLOYMENT HANDI25 CAP.—(1) Section 3106 is amended—
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1 (A) in subsection (a), by striking out ‘‘described

2 in clause (i) or (ii) of section 3102(1)(A) of this

3 title’’ and inserting in lieu thereof ‘‘rated at 10 per4 cent or more’’;

5 (B) in subsection (b), by striking out ‘‘counsel6 ing in accordance with’’;

7 (C) in subsection (c), by striking out ‘‘with ex8 tended’’ and inserting in lieu thereof ‘‘with an ex9 tended’’; and

10 (D) by redesignating subsections (d) and (e) as

11 subsections (e) and (f), respectively, and inserting

12 after subsection (c) the following new subsection:

13 ‘‘(d) In any case in which the Secretary has deter14 mined that a veteran has a serious employment handicap

15 and also determines, following such initial and any such

16 extended evaluation, that achievement of a vocational goal

17 currently is not reasonably feasible, the Secretary shall de18 termine whether the veteran is capable of participating in

19 a program of independent living services and assistance

20 under section 3120 of this title.’’.

21 (2) Chapter 31 is amended—

22 (A) in section 3107(c)(2), by striking out

23 ‘‘3106(e)’’ and inserting in lieu thereof ‘‘3106(f)’’;

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

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

2 ‘‘3106(e)’’ and inserting in lieu thereof ‘‘3106(f)’’;

3 and

4 (D) in section 3120(b), by striking out

5 ‘‘3106(d)’’ and inserting in lieu thereof ‘‘3106(d) or

6 (e)’’.

7 (g) ALLOWANCES.—Section 3108 is amended—

8 (1) in subsection (a)(2), by striking out ‘‘follow9 ing the conclusion of such pursuit’’ and inserting in

10 lieu thereof ‘‘while satisfactorily following a program

11 of employment services provided under section

12 3104(a)(5) of this title’’; and

13 (2) in subsection (f)(1)—

14 (A) in subparagraph (A)—

15 (i) by inserting ‘‘eligible for and’’

16 after ‘‘veteran is’’;

17 (ii) by striking out ‘‘chapter 30 or

18 34’’ and inserting in lieu thereof ‘‘chapter

19 30’’; and

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

21 or chapter 34’’ and inserting in lieu there22 of ‘‘chapter 30’’; and

23 (B) in subparagraph (B), by striking out

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

25 ‘‘chapter 30’’.
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1 (h) EMPLOYMENT ASSISTANCE.—Paragraph (1) of

2 section 3117(a) is amended by inserting ‘‘rated at 10 per3 cent or more’’ after ‘‘disability’’.

4 (i) PROGRAM OF INDEPENDENT LIVING SERVICES

5 AND ASSISTANCE.—Section 3120 is amended—

6 (1) in subsection (b), by striking out ‘‘service7 connected disability described in section 3102(1)(A)’’

8 and inserting in lieu thereof ‘‘serious employment

9 handicap resulting in substantial part from a serv10 ice-connected disability described in section

11 3102(1)(A)(i)’’; and

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

13 (j) EFFECTIVE DATE.—(1) Except as provided in

14 paragraph (2), the amendments made by this section shall

15 take effect on the date of the enactment of this Act.

16 (2) The amendments made by subsection (a) (other

17 than paragraph (2)), subsection (d) (other than subpara18 graphs (A) and (B) of paragraph (1)), and subsection (i)

19 shall only apply with respect to claims of eligibility or enti20 tlement to services and assistance (including claims for ex21 tension of such services and assistance) under chapter 31

22 of title 38, United States Code, received by the Secretary

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

24 of this Act, including those claims based on original appli25 cations, and applications seeking to reopen, revise, recon-
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1 sider, or otherwise adjudicate or readjudicate on any basis

2 claims for services and assistance under such chapter.

3 SEC. 102. PERMANENT AUTHORITY FOR ALTERNATIVE

4 TEACHER CERTIFICATION PROGRAMS.

5 Subsection (c) of section 3452 is amended by striking

6 out ‘‘For the period ending on September 30, 1996, such’’

7 and inserting in lieu thereof ‘‘Such’’.

8 SEC. 103. PERIOD OF OPERATION FOR APPROVAL.

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

10 (A) by striking out section 3689; and

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

12 3689 in the table of sections at the beginning of

13 such chapter.

14 (2) Subparagraph (C) of section 3680A(d)(2) is

15 amended by striking out ‘‘3689(b)(6) of this title’’ and

16 inserting in lieu thereof ‘‘subsection (g)’’.

17 (b) DISAPPROVAL OF ENROLLMENT IN CERTAIN

18 COURSES.—Section 3680A is amended by adding after

19 subsection (d) the following new subsections:

20 ‘‘(e) The Secretary may not approve the enrollment

21 of an eligible veteran in a course not leading to a standard

22 college degree offered by a proprietary profit or propri23 etary nonprofit educational institution if—

24 ‘‘(1) the educational institution has been oper25 ating for less than two years;
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1 ‘‘(2) the course is offered at a branch of the

2 educational institution and the branch has been op3 erating for less than two years; or

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

5 a complete move outside its original general locality,

6 the educational institution does not retain substan7 tially the same faculty, student body, and courses as

8 before the change in ownership or the move outside

9 the general locality (as determined in accordance

10 with regulations the Secretary shall prescribe) unless

11 the educational institution following such change or

12 move has been in operation for at least two years.

13 ‘‘(f) The Secretary may not approve the enrollment

14 of an eligible veteran in a course as a part of a program

15 of education offered by an educational institution if the

16 course is provided under contract by another educational

17 institution or entity and—

18 ‘‘(1) the Secretary would be barred under sub19 section (e) from approving the enrollment of an eli20 gible veteran in the course of the educational institu21 tion or entity providing the course under contract; or

22 ‘‘(2) the educational institution or entity provid23 ing the course under contract has not obtained ap24 proval for the course under this chapter.
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1 ‘‘(g) Notwithstanding subsections (e) and (f), the

2 Secretary may approve the enrollment of an eligible vet3 eran in a course approved under this chapter if the course

4 is offered by an educational institution under contract

5 with the Department of Defense or the Department of

6 Transportation and is given on or immediately adjacent

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

8 facility, or facility of the Selected Reserve.’’.

9 (c) APPROVAL OF ACCREDITED COURSES.—Sub10 section (b) of section 3675 is amended to read as follows:

11 ‘‘(b) As a condition of approval under this section,

12 the State approving agency must find the following:

13 ‘‘(1) The educational institution keeps adequate

14 records, as prescribed by the State approving agen15 cy, to show the progress and grades of the eligible

16 person or veteran and to show that satisfactory

17 standards relating to progress and conduct are en18 forced.

19 ‘‘(2) The educational institution maintains a

20 written record of the previous education and training

21 of the eligible person or veteran that clearly indi22 cates that appropriate credit has been given by the

23 educational institution for previous education and

24 training, with the training period shortened propor25 tionately.
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1 ‘‘(3) The educational institution and its ap2 proved courses meet the criteria of paragraphs (1),

3 (2), and (3) of section 3676(c) of this title.’’.

4 SEC. 104. ELIMINATION OF DISTINCTION BETWEEN OPEN

5 CIRCUIT TV AND INDEPENDENT STUDY.

6 (a) VETERANS’ EDUCATIONAL ASSISTANCE PRO7 GRAM.—Subsection (f) of section 3482 is amended by

8 striking out ‘‘in part’’.

9 (b) SURVIVORS’ AND DEPENDENTS’ EDUCATIONAL

10 ASSISTANCE.—Section 3523 is amended—

11 (1) in subsection (a)(4), by inserting ‘‘(includ12 ing open circuit television)’’ after ‘‘independent

13 study program’’ the second place it appears; and

14 (2) in subsection (c), by striking out ‘‘radio’’

15 and all that follows through the end and inserting

16 in lieu thereof ‘‘radio.’’.

17 (c) ADMINISTRATION OF EDUCATIONAL BENE18 FITS.—Subsection (c) of section 3680A is amended by

19 striking out ‘‘radio’’ and all that follows through the end

20 and inserting in lieu thereof ‘‘radio.’’.

21 SEC. 105. COOPERATIVE PROGRAMS.

22 (a) CHAPTER 30.—Section 3032 is amended by strik23 ing out subsection (d) and redesignating subsections (e)

24 and (f) as subsections (d) and (e), respectively.
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1 (b) CHAPTER 32.—Section 3231 is amended by strik2 ing out subsection (d) and redesignating subsections (e)

3 and (f) as subsections (d) and (e), respectively.

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

5 amended by striking out ‘‘$327’’ and inserting in lieu

6 thereof ‘‘$404’’.

7 (d) CHAPTER 1606.—Section 16131 of title 10, Unit8 ed States Code, is amended—

9 (1) by striking out subsection (e) and redesig10 nating subsections (f), (g), (h), (i), and (j) as sub11 sections (e), (f), (g), (h), and (i), respectively; and

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

13 and inserting in lieu thereof ‘‘(f)’’.

14 SEC. 106. ENROLLMENT OF CERTAIN VEAP PARTICIPANTS

15 IN MONTGOMERY GI BILL.

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

17 amended by inserting after section 3018B the following

18 new section:

19 ‘‘§ 3018C. Opportunity for certain VEAP participants

20 to enroll

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

22 individual who—

23 ‘‘(1) is a participant on the date of the enact24 ment of the Veterans’ Benefits Improvements Act of
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1 1996 in the educational benefits program provided

2 by chapter 32 of this title;

3 ‘‘(2) is serving on active duty (excluding the pe4 riods referred to in section 3202(1)(C) of this title)

5 on such date;

6 ‘‘(3) before applying for benefits under this sec7 tion, has completed the requirements of a secondary

8 school diploma (or equivalency certificate) or has

9 successfully completed the equivalent of 12 semester

10 hours in a program of education leading to a stand11 ard college degree;

12 ‘‘(4) if discharged or released from active duty

13 during the one-year period specified in paragraph

14 (5), is discharged or released therefrom with an hon15 orable discharge; and

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

17 the date of the enactment of the Veterans’ Benefits

18 Improvements Act of 1996, makes an irrevocable

19 election to receive benefits under this section in lieu

20 of benefits under chapter 32 of this title, pursuant

21 to procedures which the Secretary of each military

22 department shall provide in accordance with regula23 tions prescribed by the Secretary of Defense for the

24 purpose of carrying out this section or which the

25 Secretary of Transportation shall provide for such
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1 purpose with respect to the Coast Guard when it is

2 not operating as a service in the Navy;

3 may elect to become entitled to basic educational assist4 ance under this chapter.

5 ‘‘(b) With respect to an individual who makes an elec6 tion under subsection (a) to become entitled to basic edu7 cation assistance under this chapter—

8 ‘‘(1) the basic pay of the individual shall be re9 duced (in a manner determined by the Secretary of

10 Defense) until the total amount by which such basic

11 pay is reduced is $1,200; or

12 ‘‘(2) to the extent that basic pay is not so re13 duced before the individual’s discharge or release

14 from active duty as specified in subsection (a)(4),

15 the Secretary shall collect from the individual an

16 amount equal to the difference between $1,200 and

17 the total amount of reductions under paragraph (1),

18 which shall be paid into the Treasury of the United

19 States as miscellaneous receipts.

20 ‘‘(c)(1) Except as provided in paragraph (3), an indi21 vidual who is enrolled in the educational benefits program

22 provided by chapter 32 of this title and who makes the

23 election described in subsection (a)(5) shall be disenrolled

24 from such chapter 32 program as of the date of such elec25 tion.
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1 ‘‘(2) For each individual who is disenrolled from such

2 program, the Secretary shall refund—

3 ‘‘(A) to the individual, as provided in section

4 3223(b) of this title and subject to subsection (b)(2)

5 of this section, the unused contributions made by the

6 individual to the Post-Vietnam Era Veterans Edu7 cation Account established pursuant to section

8 3222(a) of this title; and

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

10 contributions (other than contributions made under

11 section 3222(c) of this title) made by such Secretary

12 to the Account on behalf of such individual.

13 ‘‘(3) Any contribution made by the Secretary of De14 fense to the Post-Vietnam Era Veterans Education Ac15 count pursuant to subsection (c) of section 3222 of this

16 title on behalf of any individual referred to in paragraph

17 (1) shall remain in such account to make payments of ben18 efits to such individual under section 3015(f) of this title.

19 ‘‘(d) The procedures provided in regulations referred

20 to in subsection (a) shall provide for notice of the require21 ments of subparagraphs (B), (C), and (D) of section

22 3011(a)(3) and of subparagraph (A) of section 3012(a)(3)

23 of this title. Receipt of such notice shall be acknowledged

24 in writing.’’.
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1 (b) CONFORMING AMENDMENTS.—(1) The table of

2 sections at the beginning of chapter 30 is amended by in3 serting after the item relating to section 3018B the follow4 ing new item:

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

5 (2) Subsection (d) of section 3013 is amended by

6 striking out ‘‘or 3018B’’ and inserting in lieu thereof ‘‘,

7 3018B, or 3018C’’.

8 (3) Subsection (f) of section 3015 is amended by in9 serting ‘‘, 3018B, or 3018C’’ after ‘‘section 3018A’’.

10 (c) TRANSFER OF EDUCATIONAL ASSISTANCE

11 FUNDS.—(1) Subparagraph (B) of section 3232(b)(2) is

12 amended—

13 (A) by striking out ‘‘, for the purposes of sec14 tion 1322(a) of title 31,’’; and

15 (B) by striking out ‘‘as provided in such sec16 tion’’ and inserting in lieu thereof ‘‘to the Secretary

17 for payments for entitlement earned under sub18 chapter II of chapter 30’’.

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

20 inserting before the period at the end the following: ‘‘and

21 from transfers from the Post-Vietnam Era Veterans Edu22 cation Account pursuant to section 3232(b)(2)(B) of this

23 title’’.
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1 SEC. 107. MONTGOMERY GI BILL ELIGIBILITY FOR CERTAIN

2 ACTIVE DUTY MEMBERS OF ARMY AND AIR

3 NATIONAL GUARD.

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

5 amended by striking out ‘‘November 29, 1989’’ and insert6 ing in lieu thereof ‘‘June 30, 1985’’.

7 (b) APPLICATION.—(1) An individual may only be8 come eligible for benefits under chapter 30 of title 38,

9 United States Code, as a result of the amendment made

10 by subsection (a) by making an election to become entitled

11 to basic educational assistance under such chapter. The

12 election may only be made during the nine-month period

13 beginning on the date of the enactment of this Act and

14 in the manner required by the Secretary of Defense.

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

16 under paragraph (1)—

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

18 member of the Armed Forces, makes an election

19 under paragraph (1) shall be reduced (in a manner

20 determined by the Secretary of Defense) until the

21 total amount by which such basic pay is reduced is

22 $1,200; or

23 (B) to the extent that basic pay is not so re24 duced before the individual’s discharge or release

25 from active duty, the Secretary of Veterans Affairs

26 shall collect from an individual who makes such an
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1 election an amount equal to the difference between

2 $1,200 and the total amount of reductions under

3 subparagraph (A), which amount shall be paid into

4 the Treasury as miscellaneous receipts.

5 (3) In the case of any individual making an election

6 under paragraph (1), the 10-year period referred to in sec7 tion 3031 of such title shall begin on the later of—

8 (A) the date determined under such section

9 3031; or

10 (B) the date on which the election under para11 graph (1) becomes effective.

12 TITLE II—HOUSING AND

13 MEMORIAL AFFAIRS

14 Subtitle A—Housing

15 SEC. 201. EXTENSION OF ENHANCED LOAN ASSET SALE AU16 THORITY.

17 Paragraph (2) of section 3720(h) is amended by

18 striking out ‘‘December 31, 1996’’ and inserting in lieu

19 thereof ‘‘December 31, 1997’’.

20 SEC. 202. DIRECT LOANS TO REFINANCE LOANS UNDER NA21 TIVE AMERICAN VETERAN HOUSING LOAN

22 PILOT PROGRAM.

23 (a) AUTHORITY.—Section 3762 is amended—

24 (1) by redesignating subsection (h) as sub25 section (i); and
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1 (2) by inserting after subsection (g) the follow2 ing new subsection (h):

3 ‘‘(h)(1) The Secretary may make direct loans to Na4 tive American veterans in order to enable such veterans

5 to refinance existing loans made under this section.

6 ‘‘(2)(A) The Secretary may not make a loan under

7 this subsection unless the loan meets the requirements set

8 forth in subparagraphs (B), (C), and (E) of paragraph

9 (1) of section 3710(e) of this title.

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

11 subsection unless the loan will bear an interest rate at

12 least one percentage point less than the interest rate borne

13 by the loan being refinanced.

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

15 shall apply to any loan made under this subsection, except

16 that for the purposes of this subsection the reference to

17 subsection (a)(8) of section 3710 of this title in such para18 graphs (2) and (3) shall be deemed to be a reference to

19 this subsection.’’.

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

21 by striking out ‘‘or 3712(a)(1)(F)’’ and inserting in lieu

22 thereof ‘‘3712(a)(1)(F), or 3762(h)’’.
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1 Subtitle B—Memorial Affairs

2 SEC. 211. CLARIFICATION OF ELIGIBILITY OF MINORS FOR

3 BURIAL IN NATIONAL CEMETERIES.

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

5 child’’ the following: ‘‘(which for purposes of this chapter

6 includes a child under 21 years of age, or under 23 years

7 of age if pursuing a course of instruction at an approved

8 educational institution)’’.

9 SEC. 212. BURIAL BENEFITS FOR CERTAIN VETERANS WHO

10 DIE IN STATE NURSING HOMES.

11 Subsection (a) of section 2303 is amended to read

12 as follows:

13 ‘‘(a)(1) When a veteran dies in a facility described

14 in paragraph (2), the Secretary shall—

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

16 of the burial and funeral or, within such limits, may

17 make contracts for such services without regard to

18 the laws requiring advertisement for proposals for

19 supplies and services for the Department; and

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

21 transport the body to the place of burial in the same

22 or any other State.

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

24 ‘‘(A) a Department facility (as defined in sec25 tion 1701(4) of this title) to which the deceased was
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1 properly admitted for hospital, nursing home, or

2 domiciliary care under section 1710 or 1711(a) of

3 this title; or

4 ‘‘(B) an institution at which the deceased vet5 eran was, at the time of death, receiving—

6 ‘‘(i) hospital care in accordance with sec7 tion 1703 of this title;

8 ‘‘(ii) nursing home care under section 1720

9 of this title; or

10 ‘‘(iii) nursing home care for which pay11 ments are made under section 1741 of this

12 title.’’.

13 SEC. 213. OUTER BURIAL RECEPTACLES.

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

15 amended—

16 (1) in paragraph (1), by striking out ‘‘a grave

17 liner’’ each place it appears and inserting in lieu

18 thereof ‘‘an outer burial receptacle’’;

19 (2) in paragraph (2)—

20 (A) by striking out ‘‘grave liners’’ and in21 serting in lieu thereof ‘‘outer burial recep22 tacles’’; and

23 (B) by striking out ‘‘specifications and

24 procedures’’ and inserting in lieu thereof ‘‘regu25 lations or procedures’’; and
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1 (3) by adding at the end the following:

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

3 may specify that—

4 ‘‘(A) an outer burial receptacle other than a

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

6 election of the survivors of the interred veteran; and

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

8 grave liner is provided in lieu of a grave liner upon

9 an election of such survivors, such survivors be re10 quired—

11 ‘‘(i) to pay the amount by which the cost

12 of the outer burial receptacle exceeds the cost

13 of the grave liner that would otherwise have

14 been provided in the absence of the election;

15 and

16 ‘‘(ii) to pay the amount of the administra17 tive costs incurred by the Secretary (or, with

18 respect to Arlington National Cemetery, the

19 Secretary of the Army) in providing the outer

20 burial receptacle in lieu of such grave liner.

21 ‘‘(4) Regulations or procedures under paragraph (2)

22 may provide for the use of a voucher system, or other sys23 tem of reimbursement approved by the Secretary (or, with

24 respect to Arlington National Cemetery, the Secretary of

25 the Army), for payment for outer burial receptacles other
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1 than grave liners provided under such regulations or pro2 cedures.’’.

3 (b) CONFORMING AMENDMENTS.—(1) The heading

4 of such section is amended to read as follows:

5 ‘‘§ 2306. Headstones, markers, and burial recep6 tacles’’.

7 (2) The table of sections at the beginning of chapter

8 23 is amended by striking out the item relating to section

9 2306 and inserting in lieu thereof the following new item:

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

10 TITLE III—EMPLOYMENT AND

11 TRAINING

12 Subtitle A—Veterans’ Employment

13 and Training

14 SEC. 301. REGIONAL ADMINISTRATOR.

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

16 adding at the end the following: ‘‘Each Regional Adminis17 trator appointed after the date of the enactment of the

18 Veterans’ Benefits Improvements Act of 1996 shall be a

19 veteran.’’.

20 SEC. 302. SUPPORT PERSONNEL FOR DIRECTORS OF VET21 ERANS’ EMPLOYMENT AND TRAINING.

22 Subsection (a) of section 4103 is amended—

23 (1) in the first sentence, by striking out ‘‘full24 time Federal clerical support’’ and inserting in lieu
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1 thereof ‘‘full-time Federal clerical or other support

2 personnel’’; and

3 (2) in the third sentence, by striking out ‘‘Full4 time Federal clerical support personnel’’ and insert5 ing in lieu thereof ‘‘Full-time Federal clerical or

6 other support personnel’’.

7 SEC. 303. PILOT PROGRAM TO INTEGRATE AND STREAM8 LINE FUNCTIONS OF LOCAL VETERANS’ EM9 PLOYMENT REPRESENTATIVES.

10 (a) AUTHORITY TO CONDUCT PILOT PROGRAM.—In

11 order to assess the effects on the timeliness and quality

12 of services to veterans resulting from re-focusing the staff

13 resources of local veterans’ employment representatives,

14 the Secretary of Labor may conduct a pilot program under

15 which the primary responsibilities of local veterans’ em16 ployment representatives will be case management and the

17 provision and facilitation of direct employment and train18 ing services to veterans.

19 (b) AUTHORITIES UNDER CHAPTER 41.—To imple20 ment the pilot program, the Secretary of Labor may sus21 pend or limit application of those provisions of chapter 41

22 of title 38, United States Code (other than sections

23 4104(b)(1) and (c)) that pertain to the Local Veterans’

24 Employment Representative Program in States designated

25 by the Secretary under subsection (d), except that the Sec-
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1 retary may use the authority of such chapter, as the Sec2 retary may determine, in conjunction with the authority

3 of this section, to carry out the pilot program. The Sec4 retary may collect such data as the Secretary considers

5 necessary for assessment of the pilot program. The Sec6 retary shall measure and evaluate on a continuing basis

7 the effectiveness of the pilot program in achieving its stat8 ed goals in general, and in achieving such goals in relation

9 to their cost, their effect on related programs, and their

10 structure and mechanisms for delivery of services.

11 (c) TARGETED VETERANS.—Within the pilot pro12 gram, eligible veterans who are among groups most in

13 need of intensive services, including disabled veterans, eco14 nomically disadvantaged veterans, and veterans separated

15 within the previous four years from active military, naval,

16 or air service shall be given priority for service by local

17 veterans’ employment representatives. Priority for the pro18 vision of service shall be given first to disabled veterans

19 and then to the other categories of veterans most in need

20 of intensive services in accordance with priorities deter21 mined by the Secretary of Labor in consultation with ap22 propriate State labor authorities.

23 (d) STATES DESIGNATED.—The pilot program shall

24 be limited to not more than five States to be designated

25 by the Secretary of Labor.
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1 (e) REPORTS TO CONGRESS.—(1) Not later than one

2 year after the date of the enactment of this Act, the Sec3 retary of Labor shall submit to the Committees on Veter4 ans’ Affairs of the Senate and the House of Representa5 tives an interim report describing in detail the develop6 ment and implementation of the pilot program on a State

7 by State basis.

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

9 this section under subsection (h), the Secretary of Labor

10 shall submit to the Committees on Veterans’ Affairs of

11 the Senate and the House of Representatives a final report

12 evaluating the results of the pilot program and make rec13 ommendations based on the evaluation, which may include

14 legislative recommendations.

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

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

17 such term by section 101(2) of title 38, United

18 States Code.

19 (2) The term ‘‘disabled veteran’’ has the mean20 ing given such term by section 4211(3) of such title.

21 (3) The term ‘‘active military, naval, or air

22 service’’ has the meaning given such term by section

23 101(24) of such title.

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

25 available for fiscal year 1997, 1998, or 1999 to carry out
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1 section 4102A(b)(5) of title 38, United States Code, with

2 respect to a State designated by the Secretary of Labor

3 pursuant to subsection (d) shall be available to carry out

4 the pilot program during that fiscal year with respect to

5 that State.

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

7 the pilot program under this section shall expire on Octo8 ber 1, 1999.

9 Subtitle B—Technical Amendments

10 Relating to the Uniformed Serv11 ices Employment and Reemploy12 ment Rights Act of 1994

13 SEC. 311. AMENDMENTS TO CHAPTER 43 OF TITLE 38, UNIT14 ED STATES CODE.

15 Chapter 43 is amended as follows:

16 (1) Section 4301(a)(2) is amended by striking

17 out ‘‘under honorable conditions’’.

18 (2) Section 4303(16) is amended by inserting

19 ‘‘national’’ before ‘‘emergency’’.

20 (3) Section 4311 is amended by striking out

21 subsections (b) and (c) and inserting in lieu thereof

22 the following:

23 ‘‘(b) An employer may not discriminate in employ24 ment against or take any adverse employment action

25 against any person because such person (1) has taken an
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1 action to enforce a protection afforded any person under

2 this chapter, (2) has testified or otherwise made a state3 ment in or in connection with any proceeding under this

4 chapter, (3) has assisted or otherwise participated in an

5 investigation under this chapter, or (4) has exercised a

6 right provided for in this chapter. The prohibition in this

7 subsection shall apply with respect to a person regardless

8 of whether that person has performed service in the uni9 formed services.

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

11 in actions prohibited—

12 ‘‘(1) under subsection (a), if the person’s mem13 bership, application for membership, service, applica14 tion for service, or obligation for service in the uni15 formed services is a motivating factor in the employ16 er’s action, unless the employer can prove that the

17 action would have been taken in the absence of such

18 membership, application for membership, service,

19 application for service, or obligation for service; or

20 ‘‘(2) under subsection (b), if the person’s (A)

21 action to enforce a protection afforded any person

22 under this chapter, (B) testimony or making of a

23 statement in or in connection with any proceeding

24 under this chapter, (C) assistance or other participa25 tion in an investigation under this chapter, or (D)
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1 exercise of a right provided for in this chapter, is a

2 motivating factor in the employer’s action, unless

3 the employer can prove that the action would have

4 been taken in the absence of such person’s enforce5 ment action, testimony, statement, assistance, par6 ticipation, or exercise of a right.

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

8 apply to any position of employment, including a position

9 that is described in section 4312(d)(1)(C) of this title.’’.

10 (4) Section 4312 is amended—

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

12 is absent from a position of employment’’ and

13 inserting in lieu thereof ‘‘whose absence from a

14 position of employment is necessitated’’;

15 (B) in subsection (c)—

16 (i) by striking out ‘‘section 270’’ in

17 paragraph (3) and inserting in lieu thereof

18 ‘‘section 10147’’; and

19 (ii) in paragraph (4)—

20 (I) by striking out ‘‘section

21 672(a), 672(g), 673, 673b, 673c, or

22 688’’ in subparagraph (A) and insert23 ing in lieu thereof ‘‘section 688,

24 12301(a), 12301(g), 12302, 12304, or

25 12305’’;
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1 (II) by amending subparagraph

2 (B) to read as follows:

3 ‘‘(B) ordered to or retained on active duty

4 (other than for training) under any provision of

5 law because of a war or national emergency de6 clared by the President or the Congress, as de7 termined by the Secretary concerned;’’;

8 (III) by striking out ‘‘section

9 673b’’ in subparagraph (C) and in10 serting in lieu thereof ‘‘section

11 12304’’; and

12 (IV) by striking out ‘‘section

13 3500 or 8500’’ in subparagraph (E)

14 and inserting in lieu thereof ‘‘section

15 12406’’; and

16 (C) in subsection (d)(2)(C), by striking out

17 ‘‘is brief or for a nonrecurrent period and with18 out a reasonable expectation’’ and inserting in

19 lieu thereof ‘‘is for a brief, nonrecurrent period

20 and there is no reasonable expectation’’.

21 (5) Section 4313(a)(4) is amended—

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

23 subparagraph (A)(ii) and inserting in lieu

24 thereof ‘‘uniformed services’’; and
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1 (B) by striking out ‘‘of lesser status and

2 pay which’’ and inserting in lieu thereof ‘‘which

3 is the nearest approximation to a position re4 ferred to first in clause (A)(i) and then in

5 clause (A)(ii) which’’.

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

7 the end the following new sentence: ‘‘No employer

8 may require any such person to use vacation, an9 nual, or similar leave during such period of service.’’.

10 (7) Section 4317(a) is amended—

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

12 paragraphs (2) and (3), in’’ and inserting in

13 lieu thereof ‘‘(a)(1) In’’;

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

15 paragraph (1) (as amended by subparagraph

16 (A) of this paragraph) as subparagraphs (A)

17 and (B), respectively;

18 (C) by redesignating subparagraph (B) as

19 paragraph (2); and

20 (D) by redesignating subparagraph (C) as

21 paragraph (3), and in that paragraph by redes22 ignating clauses (i) and (ii) as subparagraphs

23 (A) and (B), respectively, and by redesignating

24 subclauses (I) and (II) as clauses (i) and (ii),

25 respectively.
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1 (8) The last sentence of section 4318(b)(2) is

2 amended by striking out ‘‘services,’’ and inserting in

3 lieu thereof ‘‘services, such payment period’’.

4 (9) Section 4322 is amended—

5 (A) in the second sentence of subsection

6 (d) by inserting ‘‘attempt to’’ before ‘‘resolve’’;

7 and

8 (B) in subsection (e)—

9 (i) in the matter preceding paragraph

10 (1), by striking out ‘‘with respect to a com11 plaint under subsection (d) are unsuccess12 ful,’’ and inserting in lieu thereof ‘‘with re13 spect to any complaint filed under sub14 section (a) do not resolve the complaint,’’;

15 and

16 (ii) in paragraph (2), by inserting ‘‘or

17 the Office of Personnel Management’’ after

18 ‘‘Federal executive agency’’.

19 (10) Section 4323(a) is amended—

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

21 an unsuccessful effort to resolve a complaint’’;

22 and

23 (B) in paragraph (2)(A), by striking out

24 ‘‘regarding the complaint under section
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1 4322(c)’’ and inserting in lieu thereof ‘‘under

2 section 4322(a)’’.

3 (11) Section 4324 is amended—

4 (A) in subsection (a)(1), by striking out

5 ‘‘of an unsuccessful effort to resolve a com6 plaint relating to a Federal executive agency’’;

7 (B) in subsection (b)—

8 (i) in the matter preceding paragraph

9 (1), by inserting ‘‘or the Office of Person10 nel Management’’ after ‘‘Federal executive

11 agency’’; and

12 (ii) in paragraph (1), by striking out

13 ‘‘regarding a complaint under section

14 4322(c)’’ and inserting in lieu thereof

15 ‘‘under section 4322(a)’’; and

16 (C) in subsection (c)(2)—

17 (i) by inserting ‘‘or the Office of Per18 sonnel Management’’ after ‘‘Federal execu19 tive agency’’; and

20 (ii) by striking out ‘‘employee’’ and

21 inserting in lieu thereof ‘‘Office’’.

22 (12) Section 4325(d)(1) is amended—

23 (A) by striking out ‘‘, alternative employ24 ment in the Federal Government under this

25 chapter,’’; and
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1 (B) by striking out ‘‘employee’’ the last

2 place it appears and inserting in lieu thereof

3 ‘‘employees’’.

4 (13) Section 4326(a) is amended by inserting

5 ‘‘have reasonable access to and the right to interview

6 persons with information relevant to the investiga7 tion and shall’’ after ‘‘at all reasonable times,’’.

8 SEC. 312. AMENDMENTS TO TRANSITION RULES AND EF9 FECTIVE DATES.

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

11 Services Employment and Reemployment Rights Act of

12 1994 (Public Law 103–353; 108 Stat. 3175; 38 U.S.C.

13 4301 note) is amended—

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

15 thereof the following: ‘‘Any service begun up to 60

16 days after the date of the enactment of this Act,

17 which is served up to 60 days after the date of the

18 enactment of this Act pursuant to orders issued

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

20 shall be considered under chapter 43 of title 38,

21 United States Code, as in effect on the day before

22 such date of enactment. Any service pursuant to or23 ders issued under such section 502(f) served after

24 60 days after the date of the enactment of this Act,
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1 regardless of when begun, shall be considered under

2 the amendments made by this Act.’’; and

3 (2) in paragraph (4), by striking out ‘‘such pe4 riod’’ and inserting in lieu thereof ‘‘such 60-day pe5 riod’’.

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

7 amended by striking out ‘‘person on active duty’’ and in8 serting in lieu thereof ‘‘person serving a period of service

9 in the uniformed services’’.

10 SEC. 313. EFFECTIVE DATES.

11 (a) IN GENERAL.—Except as provided in subsection

12 (b), the amendments made by this subtitle shall take effect

13 as of October 13, 1994.

14 (b) REORGANIZED TITLE 10 REFERENCES.—The

15 amendments made by clause (i), and subclauses (I), (III),

16 and (IV) of clause (ii), of section 311(4)(B) shall take ef17 fect as of December 1, 1994.

18 TITLE IV—VETERANS LIFE

19 INSURANCE PROGRAMS

20 SEC. 401. SHORT TITLE.

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

22 Reform Act of 1996’’.
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1 SEC. 402. MERGER OF RETIRED RESERVE

2 SERVICEMEMBERS’ GROUP LIFE INSURANCE

3 AND VETERANS’ GROUP LIFE INSURANCE

4 AND EXTENSION OF VETERANS’ GROUP LIFE

5 INSURANCE TO MEMBERS OF THE READY RE6 SERVE.

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

8 (1) by adding ‘‘and’’ at the end of subpara9 graph (B);

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

11 and

12 (3) by redesignating subparagraph (E) as sub13 paragraph (C).

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

15 (1) in subsection (a)—

16 (A) by inserting ‘‘and’’ at the end of para17 graph (1);

18 (B) by striking out paragraphs (3) and

19 (4); and

20 (C) in the matter following paragraph (2),

21 by striking out ‘‘or the first day a member of

22 the Reserves, whether or not assigned to the

23 Retired Reserve of a uniformed service, meets

24 the qualifications of section 1965(5)(C) of this

25 title, or the first day a member of the Reserves
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1 meets the qualifications of section 1965(5)(D)

2 of this title,’’; and

3 (2) by striking out subsection (d).

4 (c) DURATION AND TERMINATION OF COVERAGE.—

5 Section 1968 is amended—

6 (1) in subsection (a)—

7 (A) by striking out ‘‘subparagraph (B),

8 (C), or (D) of section 1965(5)’’ in the matter

9 preceding paragraph (1) and inserting in lieu

10 thereof ‘‘section 1965(5)(B)’’;

11 (B) by striking out the period at the end

12 of paragraphs (1) and (2) and inserting in lieu

13 thereof a semicolon;

14 (C) by striking out the period at the end

15 of paragraph (3) and inserting in lieu thereof ‘‘;

16 and’’;

17 (D) in paragraph (4)—

18 (i) by striking out ‘‘one hundred and

19 twenty days after’’ in the matter preceding

20 subparagraph (A) and all that follows

21 through ‘‘(A) unless on’’ and inserting in

22 lieu thereof ‘‘120 days after separation or

23 release from such assignment, unless on’’;

24 (ii) by striking out ‘‘prior to the expi25 ration of one hundred and twenty days’’
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1 and inserting in lieu thereof ‘‘before the

2 end of 120 days’’;

3 (iii) by striking out the semicolon

4 after ‘‘such assignment’’ and inserting in

5 lieu thereof a period; and

6 (iv) by striking out subparagraphs (B)

7 and (C); and

8 (E) by striking out paragraphs (5) and

9 (6); and

10 (2) in subsection (b), by striking out the last

11 two sentences.

12 (d) DEDUCTIONS.—Section 1969 is amended—

13 (1) in subsection (a)(2), by striking out ‘‘is as14 signed to the Reserve (other than the Retired Re15 serve)’’ and all that follows through ‘‘section

16 1965(5)(D) of this title,’’;

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

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

19 subsections (e) and (f), respectively.

20 (e) CONVERSION OF SGLI TO VGLI.—The

21 Servicemembers’ Group Life Insurance of any member of

22 the Retired Reserve of a uniformed service shall be con23 verted to Veterans’ Group Life Insurance effective 90 days

24 after the date of the enactment of this Act.
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1 SEC. 403. CONVERSION OF SGLI AND VGLI TO COMMERCIAL

2 LIFE INSURANCE POLICY.

3 (a) OPTION TO CONVERT SGLI.—Subsection (b) of

4 section 1968, as amended by section 402(c)(2), is amend5 ed—

6 (1) by inserting ‘‘(1)’’ after ‘‘(b)’’ at the begin7 ning of the subsection;

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

9 sentence and all that follows through the period at

10 the end of the sentence and inserting in lieu thereof

11 ‘‘would cease—

12 ‘‘(A) shall be automatically converted to Veter13 ans’ Group Life Insurance, subject to (i) the timely

14 payment of the initial premium under terms pre15 scribed by the Secretary, and (ii) the terms and con16 ditions set forth in section 1977 of this title; or

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

18 converted to an individual policy of insurance as de19 scribed in section 1977(e) of this title upon written

20 application for conversion made to the participating

21 company selected by the member and payment of the

22 required premiums.’’; and

23 (3) by designating the second sentence as para24 graph (2) and in that sentence striking out ‘‘Such

25 automatic conversion’’ and inserting in lieu thereof
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1 ‘‘Automatic conversion to Veterans’ Group Life In2 surance under paragraph (1)’’.

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

4 (1) in subsection (a)—

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

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

7 and

8 (C) by adding at the end the following:

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

10 Life Insurance again becomes insured under

11 Servicemembers’ Group Life Insurance but dies before ter12 minating or converting such person’s Veterans’ Group In13 surance, Veterans’ Group Life Insurance shall be payable

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

15 under Servicemembers’ Group Life Insurance, and then

16 only in an amount which, when added to the amount of

17 Servicemembers’ Group Life Insurance payable, does not

18 exceed $200,000.’’; and

19 (2) in subsection (e)—

20 (A) in the first sentence, by inserting ‘‘at

21 any time’’ after ‘‘shall have the right’’; and

22 (B) by striking out the third sentence and

23 inserting in lieu thereof the following: ‘‘The

24 Veterans’ Group Life Insurance policy con25 verted to an individual policy under this sub-
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1 section shall terminate on the day before the

2 date on which the individual policy becomes ef3 fective.’’.

4 SEC. 404. INFORMATION TO BE PROVIDED MEMBERS CON5 CERNING AUTOMATIC MAXIMUM COVERAGE

6 OF $200,000 UNDER SERVICEMEN’S GROUP

7 LIFE INSURANCE.

8 Section 1967, as amended by section 402(b), is fur9 ther amended by inserting after subsection (c) the follow10 ing new subsection (d):

11 ‘‘(d) Whenever a member has the opportunity to

12 make an election under subsection (a) not to be insured

13 under this subchapter, or to be insured under this sub14 chapter in an amount less than the maximum amount of

15 $200,000, and at such other times periodically thereafter

16 as the Secretary concerned considers appropriate, the Sec17 retary concerned shall furnish to the member general in18 formation concerning life insurance. Such information

19 shall include—

20 ‘‘(1) the purpose and role of life insurance in fi21 nancial planning;

22 ‘‘(2) the difference between term life insurance

23 and whole life insurance;

24 ‘‘(3) the availability of commercial life insur25 ance; and
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1 ‘‘(4) the relationship between Servicemembers’

2 Group Life Insurance and Veterans’ Group Life In3 surance.’’.

4 SEC. 405. RENAMING OF SERVICEMEN’S GROUP LIFE IN5 SURANCE PROGRAM.

6 (a) IN GENERAL.—The program of insurance oper7 ated by the Secretary of Veterans Affairs under sub8 chapter III of chapter 19 of title 38, United States Code,

9 is hereby redesignated as the Servicemembers’ Group Life

10 Insurance program.

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

12 amended as follows:

13 (1) The following provisions are amended by

14 striking out ‘‘Servicemen’s Group Life Insurance’’

15 each place it appears and inserting in lieu thereof

16 ‘‘Servicemembers’ Group Life Insurance’’:

17 (A) Subsections (a), (c), and (e) of section

18 1967.

19 (B) Section 1968(b).

20 (C) Subsections (a) through (d) of section

21 1969.

22 (D) Subsections (a), (f), and (g) of section

23 1970.

24 (E) Section 1971(b).

25 (F) Section 1973.
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1 (G) The first sentence of section 1974(a).

2 (H) Subsections (a), (d), and (g) of section

3 1977.

4 (2)(A) The heading of subchapter III is amend5 ed to read as follows:

6 ‘‘SUBCHAPTER III—SERVICEMEMBERS’ GROUP

7 LIFE INSURANCE’’.

8 (B) The heading of section 1974 is amended to

9 read as follows:

10 ‘‘§ 1974. Advisory Council on Servicemembers’ Group

11 Life Insurance’’.

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

13 chapter is amended—

14 (A) by striking out the item relating to

15 subchapter III and inserting in lieu thereof the

16 following:

‘‘SUBCHAPTER III—SERVICEMEMBERS’ GROUP LIFE INSURANCE’’;

17 and

18 (B) by striking out the item relating to

19 section 1974 and inserting in lieu thereof the

20 following:

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

21 (c) OTHER CONFORMING AMENDMENTS.—(1) Sec22 tion 1315(f)(1)(F) is amended by striking out ‘‘service23 men’s’’ the first place it appears and inserting in lieu

24 thereof ‘‘servicemembers’ ’’.
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1 (2) Sections 3017(a)(2)(A)(i) and 3224(1) are

2 amended by striking out ‘‘Servicemen’s’’ each place it ap3 pears and inserting in lieu thereof ‘‘Servicemembers’ ’’.

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

5 Group Life Insurance or to the Advisory Council on Serv6 icemen’s Group Life Insurance in any Federal law, Execu7 tive order, regulation, delegation of authority, or other

8 document of the Federal Government shall be deemed to

9 refer to Servicemembers’ Group Life Insurance or the Ad10 visory Council on Servicemembers’ Group Life Insurance,

11 respectively.

12 SEC. 406. TECHNICAL AMENDMENT.

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

14 in the first and second sentences.

15 TITLE V—DEPARTMENT OF VET16 ERANS AFFAIRS ADMINISTRA17 TIVE MATTERS

18 SEC. 501. REVISION OF AUTHORITY RELATING TO CENTERS

19 FOR MINORITY VETERANS AND WOMEN VET20 ERANS.

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

22 and 318(b) are each amended by inserting ‘‘career or’’ be23 fore ‘‘noncareer’’.

24 (b) ADDITIONAL FUNCTIONS OF CENTER FOR MI25 NORITY VETERANS.—Section 317(d) is amended—
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1 (1) by redesignating paragraph (10) as para2 graph (12); and

3 (2) by inserting after paragraph (9) the follow4 ing new paragraphs (10) and (11):

5 ‘‘(10) Advise the Secretary and other appro6 priate officials on the effectiveness of the Depart7 ment’s efforts to accomplish the goals of section

8 492B of the Public Health Service Act (42 U.S.C.

9 289a–2) with respect to the inclusion of minorities

10 in clinical research and on particular health condi11 tions affecting the health of members of minority

12 groups which should be studied as part of the De13 partment’s medical research program and promote

14 cooperation between the Department and other

15 sponsors of medical research of potential benefit to

16 veterans who are minorities.

17 ‘‘(11) Provide support and administrative serv18 ices to the Advisory Committee on Minority Veter19 ans provided for under section 544 of this title.’’.

20 (c) DEFINITION OF MINORITY VETERANS.—Section

21 317 is amended by adding at the end the following:

22 ‘‘(g) In this section—

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

24 means veterans who are minority group members.
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1 ‘‘(2) The term ‘minority group member’ has the

2 meaning given such term in section 544(d) of this

3 title.’’.

4 (d) CLARIFICATION OF FUNCTIONS OF CENTER FOR

5 WOMEN VETERANS.—Section 318(d)(10) is amended by

6 striking out ‘‘(relating to’’ and all that follows through

7 ‘‘and of’’ and inserting in lieu thereof ‘‘(42 U.S.C. 289a–

8 2) with respect to the inclusion of women in clinical re9 search and on’’.

10 (e) ADDITIONAL FUNCTIONS OF ADVISORY COMMIT11 TEES.—(1) Section 542(b) is amended by inserting ‘‘, in12 cluding the Center for Women Veterans’’ before the period

13 at the end.

14 (2) Section 544(b) is amended by inserting ‘‘, includ15 ing the Center for Minority Veterans’’ before the period

16 at the end.

17 (f) TERMINATION DATE OF ADVISORY COMMITTEE

18 ON MINORITY VETERANS.—Section 544(e) is amended by

19 striking out ‘‘December 31, 1997’’ and inserting in lieu

20 thereof ‘‘December 31, 1999’’.

21 SEC. 502. LIMITATION ON CLOTHING ALLOWANCE FOR IN22 CARCERATED VETERANS.

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

24 by inserting after section 5313 the following new section:
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1 ‘‘§ 5313A. Limitation on payment of clothing allow2 ance to incarcerated veterans

3 ‘‘In the case of a veteran who is incarcerated in a

4 Federal, State, or local penal institution for a period in

5 excess of 60 days and who is furnished clothing without

6 charge by the institution, the amount of any annual cloth7 ing allowance payable to the veteran under section 1162

of this title shall be reduced by an amount equal to 1 8 ⁄365

9 of the amount of the allowance otherwise payable under

10 that section for each day on which the veteran was so in11 carcerated during the 12-month period preceding the date

12 on which payment of the allowance would be due. This

13 section shall be carried out under regulations prescribed

14 by the Secretary.’’.

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

16 at the beginning of such chapter is amended by inserting

17 after the item relating to section 5313 the following new

18 item:

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

19 SEC. 503. EXTENSION OF VETERANS’ CLAIMS ADJUDICA20 TION COMMISSION.

21 (a) EXTENSION OF TIME FOR SUBMISSION OF FINAL

22 REPORT.—Section 402(e)(2) of the Veterans’ Benefits

23 Improvements Act of 1994 (Public Law 103–446; 108

24 Stat. 4661) is amended by striking out ‘‘Not later than
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1 18 months after such date’’ and inserting in lieu thereof

2 ‘‘Not later than December 31, 1996’’.

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

4 Department of Veterans Affairs for each of fiscal years

5 1996 and 1997 for the payment of compensation and pen6 sion, the amount of $75,000 is hereby made available for

7 the activities of the Veterans’ Claims Adjudication Com8 mission under title IV of the Veterans’ Benefits Improve9 ments Act of 1994 (Public Law 103–446; 108 Stat. 4659;

10 38 U.S.C. 5101 note).

11 SEC. 504. PILOT PROGRAM FOR USE OF CONTRACT PHYSI12 CIANS FOR DISABILITY EXAMINATIONS.

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

14 acting through the Under Secretary for Benefits, may con15 duct a pilot program under this section under which ex16 aminations with respect to medical disability of applicants

17 for benefits under laws administered by the Secretary that

18 are carried out through the Under Secretary for Benefits

19 may be made by persons other than employees of the De20 partment of Veterans Affairs. Any such examination shall

21 be performed pursuant to contracts entered into by the

22 Under Secretary for Benefits with those persons.

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

24 pilot program under this section through not more than

25 10 regional offices of the Department of Veterans Affairs.
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1 (c) SOURCE OF FUNDS.—Payments for contracts

2 under the pilot program under this section shall be made

3 from amounts available to the Secretary of Veterans Af4 fairs for payment of compensation and pensions.

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

6 years after the date of the enactment of this Act, the Sec7 retary shall submit to the Congress a report on the effect

8 of the use of the authority provided by subsection (a) on

9 the cost, timeliness, and thoroughness of medical disability

10 examinations.

11 SEC. 505. EXPANSION OF PERIOD OF VIETNAM ERA FOR

12 CERTAIN VETERANS.

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

14 amended to read as follows:

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

16 ‘‘(A) The period beginning on February 28,

17 1961, and ending on May 7, 1975, in the case of a

18 veteran who served in the Republic of Vietnam dur19 ing that period.

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

21 and ending on May 7, 1975, in all other cases.’’.

22 (b) LIMITED EXPANSION FOR SPECIFIC COMPENSA23 TION PURPOSES.—(1) Paragraphs (1)(B) and (3) of sec24 tion 1116(a) are each amended by striking out ‘‘during

25 the Vietnam era’’ and inserting in lieu thereof ‘‘during the
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1 period beginning on January 9, 1962, and ending on May

2 7, 1975,’’.

3 (2) Paragraphs (1)(A), (2)(C), (2)(E), (2)(F), and

4 (4) of such section are amended by striking out ‘‘during

5 the Vietnam era’’ and inserting in lieu thereof ‘‘during the

6 period beginning on January 9, 1962, and ending on May

7 7, 1975’’.

8 (c) LIMITED EXPANSION FOR SPECIFIC HEALTH

9 CARE PURPOSES.—(1) The provision stipulated in para10 graph (2) is amended—

11 (A) in clause (i), by striking out ‘‘during the

12 Vietnam era,’’ and inserting in lieu thereof ‘‘during

13 the period beginning on January 9, 1962, and end14 ing on May 7, 1975,’’; and

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

16 and inserting in lieu thereof ‘‘such period’’.

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

18 (A) if the Veterans’ Health Care Eligibility Re19 form Act of 1996 is enacted as a measure of the

20 One Hundred Fourth Congress, is paragraph (4)(A)

21 of section 1710(e) of title 38, United States Code,

22 as added by section 102 of such Act; and

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

24 the One Hundred Fourth Congress, is paragraph

25 (1)(A) of section 1710(e) of such title.
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1 (d) EFFECTIVE DATE.—The amendments made by

2 this section shall take effect on January 1, 1997. No bene3 fit may be paid or provided by reason of such amendments

4 for any period before such date.

5 SEC. 506. PAYMENT OF BENEFIT TO SURVIVING SPOUSE

6 FOR MONTH IN WHICH VETERAN DIES.

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

8 is amended—

9 (1) by inserting ‘‘(a)’’ before ‘‘If, in accordance

10 with’’; and

11 (2) by adding at the end the following:

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

13 in receipt of compensation or pension at the time of death

14 is not entitled to death benefits under chapter 11, 13, or

15 15 of this title for the month in which the veteran’s death

16 occurs, that surviving spouse shall be entitled to a benefit

17 for that month in the amount of benefits the veteran

18 would have received under chapter 11 or 15 of this title

19 for that month but for the death of the veteran.

20 ‘‘(2) If (notwithstanding section 5112(b)(1) of this

21 title) a check or other payment is issued to, and in the

22 name of, the deceased veteran as a benefit payment under

23 chapter 11 or 15 of this title for the month in which death

24 occurs, that check or other payment (A) shall be treated

25 for all purposes as being payable to the surviving spouse,
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1 and (B) if that check or other payment is negotiated or

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

3 the surviving spouse is entitled under this paragraph.

4 However, if such check or other payment is in an amount

5 less than the amount of the benefit under paragraph (1),

6 the unpaid amount shall be treated in the same manner

7 as an accrued benefit under section 5121 of this title.’’.

8 (b) EFFECTIVE DATE.—The amendments made by

9 this section shall apply with respect to the death of com10 pensation and pension recipients occurring after December

11 31, 1996.

12 SEC. 507. INCREASE IN PERIOD FOR WHICH ACCRUED BEN13 EFITS PAYABLE.

14 Subsection (a) of section 5121 is amended by striking

15 out ‘‘one year’’ in the matter preceding paragraph (1) and

16 inserting in lieu thereof ‘‘two years’’.

17 SEC. 508. APPOINTMENT OF VETERANS SERVICE ORGANI18 ZATIONS AS CLAIMANTS’ REPRESENTATIVES.

19 (a) POWER OF ATTORNEY NAMING A VETERANS

20 SERVICE ORGANIZATION.—Section 5902 is amended—

21 (1) by redesignating subsection (c) as sub22 section (d); and

23 (2) by inserting after subsection (b) the follow24 ing new subsection (c):
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1 ‘‘(c)(1) Unless a claimant specifically indicates in a

2 power of attorney filed with the Department a desire to

3 appoint only a recognized representative of an organiza4 tion listed in or approved under subsection (a), the Sec5 retary may, for any purpose, treat the power of attorney

6 naming such an organization, a specific office of such an

7 organization, or a recognized representative of such an or8 ganization as the claimant’s representative as an appoint9 ment of the entire organization as the claimant’s rep10 resentative.

11 ‘‘(2) Whenever the Secretary is required or permitted

12 to notify a claimant’s representative, and the claimant has

13 named in a power of attorney an organization listed in

14 or approved under subsection (a), a specific office of such

15 an organization, or a recognized representative of such an

16 organization without specifically indicating a desire to ap17 point only a recognized representative of the organization,

18 the Secretary shall notify the organization at the address

19 designated by the organization for the purpose of receiving

20 the notification concerned.’’.

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

22 section apply to any power of attorney filed with the De23 partment of Veterans Affairs, regardless of the date of its

24 execution.
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1 SEC. 509. PROVISION OF COPIES OF BOARD OF VETERANS’

2 APPEALS DECISIONS.

3 Subsection (e) of section 7104 is amended to read

4 as follows:

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

6 shall promptly mail a copy of its written decision to the

7 claimant at the last known address of the claimant.

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

9 the Board shall—

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

11 authorized representative at the last known address

12 of the authorized representative; or

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

14 authorized representative by any means reasonably

15 likely to provide the authorized representative with

16 a copy of the decision within the same time a copy

17 would be expected to reach the authorized represent18 ative if sent by first-class mail.’’.

19 SEC. 510. LIMITATION ON RELOCATION OR REDUCTION IN

20 STAFFING OF CERTAIN ELEMENTS OF THE

21 EDUCATION SERVICE OF THE VETERANS

22 BENEFITS ADMINISTRATION.

23 No funds available to the Department of Veterans Af24 fairs may be obligated or expended before January 1,

25 1998, to relocate any function of, or to reduce the number

26 of personnel assigned to, any of the following elements of
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1 the Veterans Benefits Administration of the Department

2 of Veterans Affairs:

3 (1) The Office of Education Procedures Sys4 tems.

5 (2) The Office of Education Operations.

6 (3) The Office of Education Policy and Pro7 gram Administration.

8 TITLE VI—OTHER MATTERS

9 SEC. 601. EXTENSION OF CERTAIN AUTHORITIES FOR SERV10 ICES FOR HOMELESS VETERANS.

11 (a) AUTHORITY FOR COMMUNITY-BASED RESIDEN12 TIAL CARE FOR HOMELESS CHRONICALLY MENTALLY ILL

13 VETERANS AND OTHER VETERANS.—Section 115(d) of

14 the Veterans’ Benefits and Services Act of 1988 (38

15 U.S.C. 1712 note) is amended by striking out ‘‘December

16 31, 1997’’ and inserting in lieu thereof ‘‘December 31,

17 1998’’.

18 (b) AUTHORIZATIONS OF APPROPRIATIONS FOR

19 HOMELESS VETERANS REINTEGRATION PROJECTS.—Sec20 tion 738(e)(1) of the Stewart B. McKinney Homeless As21 sistance Act (42 U.S.C. 11448(e)(1)) is amended by add22 ing at the end the following:

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

24 ‘‘(F) $10,000,000 for fiscal year 1998.’’.
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1 SEC. 602. REPAIR AND LONG-TERM MAINTENANCE OF WAR

2 MEMORIALS.

3 (a) REPAIR AND LONG-TERM MAINTENANCE OF WAR

4 MEMORIALS.—Section 5(b)(2) of the Act entitled ‘‘An Act

5 for the creation of an American Battle Monuments Com6 mission to erect suitable memorials commemorating the

7 services of the American soldier in Europe, and for other

8 purposes’’, approved March 4, 1923 (36 U.S.C.

9 125(b)(2)), is amended—

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

11 (2) by adding at the end the following:

12 ‘‘(B) In assuming responsibility for a war memorial

13 under paragraph (1), the Commission may enter into ar14 rangements with the sponsors of the memorial to provide

15 for the repair or long-term maintenance of the memorial.

16 Any funds transferred to the Commission for the purpose

17 of this subparagraph shall, in lieu of subparagraph (A),

18 be deposited by the Commission in the fund established

19 by paragraph (3).

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

21 which shall be available to the Commission for expenses

22 for the maintenance and repair of memorials with respect

23 to which the Commission enters into arrangements under

24 paragraph (2)(B). The fund shall consist of (i) amounts

25 deposited, and interest and proceeds credited, under sub-
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1 paragraph (B), and (ii) obligations obtained under sub2 paragraph (C).

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

4 amounts from private contributions as may be accepted

5 under paragraph (2)(B). The Secretary of the Treasury

6 shall credit to the fund the interest on, and the proceeds

7 from sale or redemption of, obligations held in the fund.

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

9 portion of the fund that, as determined by the Commis10 sion, is not required to meet current expenses. Each in11 vestment shall be made in an interest bearing obligation

12 of the United States or an obligation guaranteed as to

13 principal and interest by the United States that, as deter14 mined by the Commission, has a maturity suitable for the

15 fund.

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

17 moneys deposited in and expended from the fund with re18 spect to each war memorial for which an arrangement for

19 the repair or long-term maintenance of the memorial is

20 entered to under paragraph (2)(B).’’.

21 (b) ACCOUNTING PROCEDURES RELATING TO RE22 CEIPT AND EXPENDITURE OF CONTRIBUTIONS.—Such

23 Act is further amended by adding at the end the following

24 new section:
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1 ‘‘SEC. 14. (a) The Commission shall have a system

2 of financial controls to enable the Commission to comply

3 with the requirements of subsection (b) and section

4 5(b)(3)(D).

5 ‘‘(b) The Commission shall—

6 ‘‘(1) by March 1 of each year (beginning with

7 1998)—

8 ‘‘(A) prepare a financial statement which

9 covers all accounts and associated activities of

10 the Commission for the preceding fiscal year

11 and is consistent with the requirements of sec12 tion 3515 of title 31, United States Code; and

13 ‘‘(B) submit the financial statement, to14 gether with a narrative summary, to the Com15 mittees on Veterans’ Affairs of the Senate and

16 House of Representatives; and

17 ‘‘(2) obtain an audit by the Comptroller Gen18 eral of the United States of each financial statement

19 prepared under paragraph (1)(A), which shall be

20 conducted in accordance with applicable generally

21 accepted government auditing standards and shall be

22 in lieu of any audit otherwise required by law.

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

24 expend funds received as contributions before March 1,

25 1998.’’.
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1 TITLE VII—COMMISSION ON

2 SERVICEMEMBERS AND VET3 ERANS TRANSITION ASSIST4 ANCE

5 SEC. 701. ESTABLISHMENT OF COMMISSION.

6 (a) ESTABLISHMENT.—There is established a com7 mission to be known as the Commission on

8 Servicemembers and Veterans Transition Assistance

9 (hereafter in this title referred to as the ‘‘Commission’’).

10 (b) MEMBERSHIP.—(1) The Commission shall be

11 composed of 12 members appointed from among private

12 United States citizens with appropriate and diverse experi13 ences, expertise, and historical perspectives on veterans,

14 military, organizational, and management matters. The

15 members shall be appointed as follows:

16 (A) Four shall be appointed jointly by the

17 chairman and ranking minority member of the Com18 mittee on Veterans’ Affairs of the House of Rep19 resentatives.

20 (B) Four shall be appointed jointly by the

21 chairman and ranking minority member of the Com22 mittee on Veterans’ Affairs of the Senate.

23 (C) Two shall be appointed jointly by the chair24 man and ranking minority member of the Committee
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1 on National Security of the House of Representa2 tives.

3 (D) Two shall be appointed jointly by the chair4 man and ranking minority member of the Committee

5 on Armed Services of the Senate.

6 (2)(A) One member of the Commission appointed

7 under each of subparagraphs (A) and (B) of paragraph

8 (1) shall be a representative of a veterans service organiza9 tion.

10 (B) To the maximum extent practicable, the individ11 uals appointed under paragraph (1) as members of the

12 Commission shall be veterans.

13 (C) Not more than seven of the members of the Com14 mission may be members of the same political party.

15 (3) In addition to the members appointed under para16 graph (1), the following shall be nonvoting members of

17 the Commission:

18 (A) The Under Secretary for Benefits of the

19 Department of Veterans Affairs.

20 (B) The Assistant Secretary of Defense for

21 Force Management and Personnel.

22 (C) The Assistant Secretary of Labor for Veter23 ans’ Employment and Training.

24 (4) The appointments of members of the Commission

25 shall, to the maximum extent practicable, be made after
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1 consultation with representatives of veterans service orga2 nizations.

3 (5) The appointments of the members of the Commis4 sion shall be made not later than 45 days after the date

5 of the enactment of this Act.

6 (c) PERIOD OF APPOINTMENT; VACANCIES.—Mem7 bers shall be appointed for the life of the Commission. Any

8 vacancy in the Commission shall not affect its powers, but

9 shall be filled in the same manner as the original appoint10 ment.

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

12 the date on which all members of the Commission have

13 been appointed under subsection (b)(1), the Commission

14 shall hold its first meeting.

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

16 Commission shall constitute a quorum, but a lesser num17 ber may hold hearings.

18 (f) CHAIRMAN AND VICE CHAIRMAN.—The Commis19 sion shall select a chairman and vice chairman from

20 among its members.

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

22 call of the chairman of the Commission.

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

24 composed of less than the full membership of the Commis25 sion for the purpose of carrying out the Commission’s du-
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1 ties. The actions of such panels shall be subject to the

2 review and control of the Commission. Any findings and

3 determinations made by such a panel shall not be consid4 ered the findings and determinations of the Commission

5 unless approved by the Commission.

6 (i) AUTHORITY OF INDIVIDUALS TO ACT FOR COM7 MISSION.—Any member or agent of the Commission may,

8 if authorized by the Commission, take any action which

9 the Commission is authorized to take under this title.

10 SEC. 702. DUTIES OF COMMISSION.

11 (a) IN GENERAL.—The Commission shall—

12 (1) review the adequacy and effectiveness of

13 veterans transition assistance and benefits programs

14 in providing assistance to members of the Armed

15 Forces in making the transition and adjustment to

16 civilian life;

17 (2) review the allocation under law of respon18 sibility for the administration of veterans transition

19 assistance and benefits programs among the various

20 departments and agencies of the Government and

21 determine the feasibility and desirability of consoli22 dating such administration;

23 (3) evaluate proposals for improving such pro24 grams, including proposals for alternative means of

25 providing services delivered by such programs; and
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1 (4) make recommendations to Congress regard2 ing the need for improvements in such programs.

3 (b) REVIEW OF PROGRAMS TO ASSIST MEMBERS OF

4 THE ARMED FORCES AT SEPARATION.—(1) While carry5 ing out the general duties specified in subsection (a), the

6 members of the Commission appointed under subpara7 graphs (C) and (D) of section 701(b)(1) and the member

8 specified in subparagraph (B) of section 701(b)(3) shall

9 review primarily the programs intended to assist members

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

11 service in the Armed Forces, including programs designed

12 to assist families of such members.

13 (2) In carrying out the review, those members of the

14 Commission shall determine the following:

15 (A) The adequacy of the programs referred to

16 in paragraph (1) for their purposes.

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

18 Forces for such programs.

19 (C) The adequacy of funding levels for such

20 programs.

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

22 programs on military readiness.

23 (E) The extent to which such programs provide

24 members of the Armed Forces with job-search skills.
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1 (F) The extent to which such programs prepare

2 such members for employment in the private sector

3 and in the public sector.

4 (G) The effectiveness of such programs in as5 sisting such members in finding employment in the

6 public sector upon their separation from service.

7 (H) The ways in which such programs could be

8 improved.

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

10 make use of previous studies which have been made of

11 such programs.

12 (c) REVIEW OF PROGRAMS TO ASSIST VETERANS.—

13 (1) While carrying out the general duties specified in sub14 section (a), the members of the Commission appointed

15 under subparagraphs (A) and (B) of section 701(b)(1)

16 and the members specified in subparagraphs (A) and (C)

17 of section 701(b)(3) shall review the following programs:

18 (A) Educational assistance programs.

19 (B) Job counseling, job training, and job place20 ment services programs.

21 (C) Rehabilitation and training programs.

22 (D) Housing loan programs.

23 (E) Small business loan and small business as24 sistance programs.
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1 (F) Employment and employment training pro2 grams for employment in the public sector and the

3 private sector, including employer training programs

4 and union apprenticeship programs.

5 (G) Government personnel policies (including

6 veterans’ preference policies) and the enforcement of

7 such policies.

8 (H) Programs that prepare the families of

9 members of the Armed Forces for their transition

10 from military life to civilian life and facilitate that

11 transition.

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

13 Commission shall determine the following:

14 (A) The adequacy of the programs referred to

15 in paragraph (1) for their purposes.

16 (B) The adequacy of the support of the Depart17 ment of Veterans Affairs for such programs.

18 (C) The adequacy of funding levels for such

19 programs.

20 (D) The extent to which such programs provide

21 veterans with job-search skills.

22 (E) The extent to which such programs prepare

23 veterans for employment in the private sector and in

24 the public sector.
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1 (F) The effectiveness of such programs in as2 sisting veterans in finding employment in the public

3 sector upon their separation from service.

4 (G) The ways in which such programs could be

5 improved.

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

7 date on which all members of the Commission have been

8 appointed under section 701(b)(1), the Commission shall

9 submit to the Committees on Veterans’ Affairs and Armed

10 Services of the Senate and the Committees on Veterans’

11 Affairs and National Security of the House of Representa12 tives a report setting forth a plan for the work of the Com13 mission. The Commission shall develop the plan in con14 sultation with the Secretary of Defense, the Secretary of

15 Veterans Affairs, the Secretary of Labor, and the heads

16 of other appropriate departments and agencies of the Gov17 ernment.

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

19 the first meeting of the Commission, the Commission shall

20 submit to the committees referred to in paragraph (1),

21 and to the Secretary of Defense, the Secretary of Veterans

22 Affairs, and the Secretary of Labor, a report setting forth

23 the activities, findings, and recommendations of the Com24 mission, including any recommendations for legislative ac-
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1 tion and administrative action as the Commission consid2 ers appropriate.

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

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

5 the Secretary of Veterans Affairs, and the Secretary of

6 Labor shall jointly transmit the report to Congress, to7 gether with the Secretaries’ comments on the report.

8 SEC. 703. POWERS OF COMMISSION.

9 (a) HEARINGS.—The Commission may hold such

10 hearings, sit and act at such times and places, take such

11 testimony, and receive such evidence as the Commission

12 considers advisable to carry out the purposes of this title.

13 (b) INFORMATION FROM FEDERAL AGENCIES.—The

14 Commission may secure directly from the Department of

15 Defense, the Department of Veterans Affairs, and any

16 other department or agency of the Government such infor17 mation as the Commission considers necessary to carry

18 out its duties under this title. Upon request of the chair19 man of the Commission, the head of such department or

20 agency shall furnish such information expeditiously to the

21 Commission.

22 SEC. 704. MISCELLANEOUS ADMINISTRATIVE PROVISIONS.

23 (a) POSTAL SERVICES.—The Commission may use

24 the United States mails in the same manner and under
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1 the same conditions as other departments and agencies of

2 the Government.

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

4 dispose of gifts or donations of services or property.

5 (c) MISCELLANEOUS ADMINISTRATIVE SUPPORT.—

6 The Secretary of Defense, the Secretary of Veterans Af7 fairs, and the Secretary of Labor shall, upon the request

8 of the chairman of the Commission, furnish the Commis9 sion, on a reimbursable basis, any administrative and sup10 port services as the Commission may require.

11 SEC. 705. COMMISSION PERSONNEL MATTERS.

12 (a) COMPENSATION OF MEMBERS.—Each member of

13 the Commission may be compensated at a rate equal to

14 the daily equivalent of the annual rate of basic pay pre15 scribed for level IV of the Executive Schedule under sec16 tion 5315 of title 5, United States Code, for each day (in17 cluding travel time) during which such member is engaged

18 in performing the duties of the Commission.

19 (b) TRAVEL AND TRAVEL EXPENSES.—(1) Members

20 and personnel of the Commission may travel on military

21 aircraft, military vehicles, or other military conveyances

22 when travel is necessary in the performance of a duty of

23 the Commission except when the cost of commercial trans24 portation is less expensive.
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1 (2) The members of the Commission may be allowed

2 travel expenses, including per diem in lieu of subsistence,

3 at rates authorized for employees of agencies under sub4 chapter I of chapter 57 of title 5, United States Code,

5 while away from their homes or regular places of business

6 in the performance of services for the Commission.

7 (c) STAFF.—(1) The chairman of the Commission

8 may, without regard to civil service laws and regulations,

9 appoint and terminate an executive director and up to five

10 additional staff members as may be necessary to enable

11 the Commission to perform its duties. In appointing an

12 individual as executive director, the chairman shall, to the

13 maximum extent practicable, attempt to appoint an indi14 vidual who is a veteran. The employment of an executive

15 director shall be subject to confirmation by the Commis16 sion.

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

18 compensation of the executive director and other personnel

19 without regard to the provisions of chapter 51 and sub20 chapter III of chapter 53 of title 5, United States Code,

21 relating to classification of positions and General Schedule

22 pay rates, except that the rate of pay for the executive

23 director and other staff members may not exceed the rate

24 payable for level V of the Executive Schedule under section

25 5316 of such title.
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1 (d) DETAIL OF GOVERNMENT EMPLOYEES.—Upon

2 request of the chairman of the Commission, the head of

3 any department or agency of the Government may detail,

4 on a nonreimbursable basis, any personnel of the depart5 ment or agency to the Commission to assist the Commis6 sion in carrying out its duties.

7 (e) PROCUREMENT OF TEMPORARY AND INTERMIT8 TENT SERVICES.—The chairman of the Commission may

9 procure temporary and intermittent services under section

10 3109(b) of title 5, United States Code, at rates for individ11 uals which do not exceed the daily equivalent of the annual

12 rate of basic pay prescribed for level IV of the Executive

13 Schedule under section 5316 of such title.

14 SEC. 706. TERMINATION OF COMMISSION.

15 The Commission shall terminate 90 days after the

16 date on which it submits its report under section

17 702(d)(2).

18 SEC. 707. DEFINITIONS.

19 For the purposes of this title:

20 (1) The term ‘‘veterans transition assistance

21 and benefits program’’ means any program of the

22 Government the purpose of which is—

23 (A) to assist, by rehabilitation or other

24 means, members of the Armed Forces in read25 justing or otherwise making the transition to ci-
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1 vilian life upon their separation from service in

2 the Armed Forces; or

3 (B) to assist veterans in making the tran4 sition to civilian life.

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

6 given such term in section 101(10) of title 38, Unit7 ed States Code.

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

9 such term in section 101(2) of title 38, United

10 States Code.

11 (4) The term ‘‘veterans service organization’’

12 means any organization covered by section 5902(a)

13 of title 38, United States Code.

14 SEC. 708. FUNDING.

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

16 upon the request of the chairman of the Commission,

17 make available to the Commission such amounts as the

18 Commission may require to carry out its duties under this

19 title. The Secretary shall make such amounts available

20 from amounts appropriated for the Department of De21 fense, except that such amounts may not be from amounts

22 appropriated for the transition assistance program (TAP),

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

24 program.
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1 (b) AVAILABILITY.—Any sums made available to the

2 Commission under subsection (a) shall remain available,

3 without fiscal year limitation, until the termination of the

4 Commission.

Passed the Senate September 28, 1996.

Attest:

Secretary.
104TH CONGRESS

2D SESSION S. 1711

AN ACT

To amend title 38, United States Code, to improve

other purposes.of the Federal programs for veterans, and forretary of Veterans Affairs, to provide for a studythe benefits programs administered by the Sec-
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