Calendar No. 625

104TH CONGRESS

2D SESSION S. 1711

[Report No. 104–371]

A BILL

To establish a commission to evaluate the programs

to civilian life, and for other purposes.of the Armed Forces and veterans in readjustingof the Federal Government that assist members

SEPTEMBER 24 (legislative day, SEPTEMBER 20), 1996

Reported with an amendment and an amendment to the

title
II

Calendar No. 625

104TH CONGRESS

2D SESSION S. 1711

[Report No. 104–371]

To establish a commission to evaluate the programs of the Federal Government that assist members of the Armed Forces and veterans in readjusting to civilian life, and for other purposes.

IN THE SENATE OF THE UNITED STATES

APRIL 29, 1996

Mr. DOLE introduced the following bill; which was read twice and referred to

the Committee on Veterans’ Affairs

SEPTEMBER 24 (legislative day, SEPTEMBER 20), 1996

Reported by Mr. SIMPSON, with an amendment and an amendment to the title

[Strike out all after the enacting clause and insert the part printed in italic]

A BILL

To establish a commission to evaluate the programs of the

Federal Government that assist members of the Armed

Forces and veterans in readjusting to civilian life, 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,
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1 SECTION 1. ESTABLISHMENT OF COMMISSION.

2 (a) ESTABLISHMENT.—There is established a com3 mission to be known as the Commission on Service Mem4 bers and Veterans Transition Assistance (hereafter in this

5 Act referred to as the ‘‘Commission’’).

6 (b) MEMBERSHIP.—

7 (1) IN GENERAL.—The Commission shall be

8 composed of 12 members appointed from among pri9 vate United States citizens with appropriate and di10 verse veterans, military, organizational, and manage11 ment experiences and historical perspectives, of

12 whom—

13 (A) four shall be appointed by the Chair14 man of the Committee on Veterans’ Affairs of

15 the Senate, in consultation with the Ranking

16 Member of that committee;

17 (B) four shall be appointed by the Chair18 man of the Committee on Veterans’ Affairs of

19 the House of Representatives, in consultation

20 with the Ranking Member of that committee;

21 (C) two shall be appointed by the Chair22 man of the Committee on Armed Services of

23 the Senate, in consultation with the Ranking

24 Member of that committee; and

25 (D) two shall be appointed by the Chair26 man of the Committee on National Security of
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1 the House of Representatives, in consultation

2 with the Ranking Member of that committee.

3 (2) VSO MEMBERS.—One member of the Com4 mission appointed under each of subparagraphs (A)

5 and (B) of paragraph (1) shall be a representative

6 of a veterans service organization.

7 (3) DATE.—The appointments of the members

8 of the Commission shall be made not later than 45

9 days after the date of enactment of this Act.

10 (c) PERIOD OF APPOINTMENT; VACANCIES.—Mem11 bers shall be appointed for the life of the Commission. Any

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

13 shall be filled in the same manner as the original appoint14 ment.

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

16 the date on which all members of the Commission have

17 been appointed, the Commission shall hold its first meet18 ing.

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

20 Commission shall constitute a quorum, but a lesser num21 ber may hold hearings.

22 (f) CHAIRMAN AND VICE CHAIRMAN.—The Commis23 sion shall select a Chairman and Vice Chairman from

24 among its members.
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1 (g) MEETINGS.—The Commission shall meet at the

2 call of the Chairman.

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

4 composed of less than the full membership of the Commis5 sion for the purpose of carrying out the Commission’s du6 ties under this Act. The actions of such panels shall be

7 subject to the review and control of the Commission. Any

8 findings and determinations made by such a panel shall

9 not be considered the findings and determinations of the

10 Commission unless approved by the Commission.

11 (i) AUTHORITY OF INDIVIDUALS TO ACT FOR COM12 MISSION.—Any member or agent of the Commission may,

13 if authorized by the Commission, take any action which

14 the Commission is authorized to take under this Act.

15 SEC. 2. DUTIES OF COMMISSION.

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

17 (1) review the efficacy and appropriateness of

18 veterans transition and assistance programs in pro19 viding assistance to members of the Armed Forces

20 in making the transition and adjustment to civilian

21 life upon their separation from the Armed Forces

22 and in providing assistance to veterans in adjusting

23 to civilian life;

24 (2) evaluate proposals for improving such pro25 grams, including proposals to consolidate, stream-
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1 line, and enhance the provision of such assistance

2 and proposals for alternative means of providing

3 such assistance; and

4 (3) make recommendations to Congress regard5 ing means of ensuring the continuing utility of such

6 programs and assistance and of otherwise improving

7 such programs and the provision of such assistance.

8 (b) REVIEW OF PROGRAMS TO ASSIST MEMBERS OF

9 THE ARMED FORCES AT SEPARATION.—

10 (1) IN GENERAL.—While carrying out the gen11 eral duties specified in subsection (a), the members

12 of the Commission appointed under subparagraphs

13 (C) and (D) of section 1(b)(1) shall review primarily

14 programs intended to assist members of the Armed

15 Forces at the time of their separation from service

16 in the Armed Forces, including programs designed

17 to assist families of such members in preparing for

18 the transition of such members from military life to

19 civilian life and to facilitate that transition.

20 (2) SPECIFIC REQUIREMENTS.—In carrying out

21 the review, such members of the Commission shall

22 determine—

23 (A) the adequacy of the programs referred

24 to in paragraph (1) for their purposes;
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1 (B) the adequacy of the support of the

2 Armed Forces for such programs;

3 (C) the effect, if any, of the existence of

4 such programs on combat readiness;

5 (D) the extent to which such programs

6 provide members of the Armed Forces with job7 search skills;

8 (E) the extent to which such programs

9 prepare such members for employment in the

10 private sector and in the public sector;

11 (F) the effectiveness of such programs in

12 assisting such members in finding employment

13 in the public sector; and

14 (G) the means by which such programs

15 could be improved in order to assist such mem16 bers in securing meaningful employment in the

17 private sector upon their separation from serv18 ice.

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

20 (1) IN GENERAL.—While carrying out the gen21 eral duties specified in subsection (a), the members

22 of the Commission appointed under subparagraphs

23 (A) and (B) of section 1(b)(1) shall review primarily

24 the adequacy of programs intended to assist veter25 ans (including disabled veterans, homeless veterans,
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1 and economically disadvantaged veterans), including

2 the programs referred to in paragraph (2).

3 (2) COVERED PROGRAMS.—The programs re4 ferred to in paragraph (1) are the following:

5 (A) Educational assistance programs.

6 (B) Job counseling, job training, and job

7 placement services programs.

8 (C) Rehabilitation and training programs.

9 (D) Housing loan programs.

10 (E) Small business loan and small business

11 assistance programs.

12 (F) Employment and employment training

13 programs for employment in the public sector

14 and the private sector.

15 (G) Federal Government personnel policies

16 (including veterans’ preference policies) and the

17 enforcement of such policies.

18 (H) Programs that prepare the families of

19 veterans for their transition from military life

20 to civilian life and facilitate that transition.

21 (d) REPORTS.—

22 (1) IMPLEMENTING PLAN.—Not later than 90

23 days after the date on which all members of the

24 Commission have been appointed, the Commission

25 shall submit to the Committees on Veterans’ Affairs
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1 and Armed Services of the Senate and the Commit2 tees on Veterans’ Affairs and National Security of

3 the House of Representatives a report setting forth

4 a plan for the work of the Commission. The Com5 mission shall develop the plan in consultation with

6 the Secretary of Defense, the Secretary of Veterans

7 Affairs, and the heads of other appropriate depart8 ments and agencies of the Federal Government.

9 (2) FINAL REPORT.—

10 (A) REQUIREMENT.—Not later than one

11 year after the date of the first meeting of the

12 Commission, the Commission shall submit to

13 the committees referred to in paragraph (1),

14 and to the Secretary of Defense, the Secretary

15 of Veterans Affairs, the Secretary of Labor,

16 and the Secretary of Education, a report set17 ting forth the activities, findings, and rec18 ommendations of the Commission, including

19 any recommendations for legislative action and

20 administrative action as the Commission consid21 ers appropriate.

22 (B) EXECUTIVE COMMENT.—Not later

23 than 90 days after receiving the report referred

24 to in subparagraph (A), the Secretary of De25 fense and the Secretary of Veterans Affairs
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1 shall jointly submit to Congress a report setting

2 forth the comments of such Secretaries with re3 spect to the report.

4 SEC. 3. POWERS OF COMMISSION.

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

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

7 testimony, and receive such evidence as the Commission

8 considers advisable to carry out the purposes of this Act.

9 (b) INFORMATION FROM FEDERAL AGENCIES.—The

10 Commission may secure directly from the Department of

11 Defense, the Department of Veterans Affairs, and any

12 other department or agency of the Federal Government

13 such information as the Commission considers necessary

14 to carry out its duties under this Act. Upon request of

15 the Chairman of the Commission, the head of such depart16 ment or agency shall furnish such information expedi17 tiously to the Commission.

18 SEC. 4. MISCELLANEOUS ADMINISTRATIVE PROVISIONS.

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

20 the United States mails in the same manner and under

21 the same conditions as other departments and agencies of

22 the Federal Government.

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

24 dispose of gifts or donations of services or property.
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1 (c) MISCELLANEOUS ADMINISTRATIVE SUPPORT.—

2 The Secretary of Defense and the Secretary of Veterans

3 Affairs shall, upon the request of the Chairman of the

4 Commission, furnish the Commission, on a reimbursable

5 basis, any administrative and support services as the Com6 mission may require.

7 SEC. 5. COMMISSION PERSONNEL MATTERS.

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

9 the Commission who is not an officer or employee of the

10 Federal Government shall be compensated at a rate equal

11 to the daily equivalent of the annual rate of basic pay pre12 scribed for level IV of the Executive Schedule under sec13 tion 5315 of title 5, United States Code, for each day (in14 cluding travel time) during which such member is engaged

15 in performing the duties of the Commission. All members

16 of the Commission who are officers or employees of the

17 United States shall serve without compensation in addi18 tion to that received for their services as officers or em19 ployees of the United States.

20 (b) TRAVEL AND TRAVEL EXPENSES.—

21 (1) TRAVEL.—Members and personnel of the

22 Commission may travel on military aircraft, military

23 vehicles, or other military conveyances when travel is

24 necessary in the performance of a responsibility of
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1 the Commission except when the cost of commercial

2 transportation is less expensive.

3 (2) EXPENSES.—The members of the Commis4 sion shall be allowed travel expenses, including per

5 diem in lieu of subsistence, at rates authorized for

6 employees of agencies under subchapter I of chapter

7 57 of title 5, United States Code, while away from

8 their homes or regular places of business in the per9 formance of services for the Commission.

10 (c) STAFF.—

11 (1) IN GENERAL.—The Chairman of the Com12 mission may, without regard to civil service laws and

13 regulations, appoint and terminate an executive di14 rector and such other additional personnel as may be

15 necessary to enable the Commission to perform its

16 duties. In appointing an individual as executive di17 rector, the Chairman shall, to the maximum extent

18 practicable, attempt to appoint an individual who is

19 a veteran. The employment of an executive director

20 shall be subject to confirmation by the Commission.

21 (2) COMPENSATION.—The Chairman of the

22 Commission may fix the compensation of the execu23 tive director and other personnel without regard to

24 the provisions of chapter 51 and subchapter III of

25 chapter 53 of title 5, United States Code, relating
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1 to classification of positions and General Schedule

2 pay rates, except that the rate of pay for the execu3 tive director and other personnel may not exceed the

4 rate payable for level V of the Executive Schedule

5 under section 5316 of such title.

6 (d) DETAIL OF GOVERNMENT EMPLOYEES.—Upon

7 request of the Chairman of the Commission, the head of

8 any department or agency of the Federal Government may

9 detail, on a nonreimbursable basis, any personnel of the

10 department or agency to the Commission to assist the

11 Commission in carrying out its duties.

12 (e) PROCUREMENT OF TEMPORARY AND INTERMIT13 TENT SERVICES.—The Chairman of the Commission may

14 procure temporary and intermittent services under section

15 3109(b) of title 5, United States Code, at rates for individ16 uals which do not exceed the daily equivalent of the annual

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

18 Schedule under section 5316 of such title.

19 SEC. 6. TERMINATION OF COMMISSION.

20 The Commission shall terminate 90 days after the

21 date on which the Commission submits its report under

22 section 2(d)(2).

23 SEC. 7. DEFINITIONS.

24 For the purposes of this Act—
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1 (1) The term ‘‘veterans transition and assist2 ance program’’ means any program of the Federal

3 Government, including the Department of Defense,

4 the Department of Veterans Affairs, the Department

5 of Labor, and the Department of Education, the

6 purpose of which is—

7 (A) to assist, by rehabilitation or other

8 means, members of the Armed Forces in read9 justing or otherwise making the transition to ci10 vilian life upon their separation from service in

11 the Armed Forces; or

12 (B) to assist veterans in civilian life.

13 (2) The term ‘‘members of the Armed Forces’’

14 includes individuals serving in the reserve compo15 nents of the Armed Forces.

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

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

18 States Code.

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

20 means any organization covered by section 5902(a)

21 of title 38, United States Code.

22 SEC. 8. FUNDING.

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

24 upon the request of the Chairman of the Commission,

25 make available to the Commission such amounts as the
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1 Commission may require to carry out its duties under this

2 Act. The Secretary shall make such amounts available

3 from amounts appropriated for the Department of De4 fense.

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

6 Commission under subsection (a) shall remain available,

7 without fiscal year limitation, until the termination of the

8 Commission.

9 SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

10 (a) SHORT TITLE.—This Act may be cited as the ‘‘Vet11 erans’ Benefits Improvements Act of 1996’’.

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

13 Act is as follows:

Sec. 1. Short title; table of contents.

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

TITLE I—COMMISSION ON TRANSITION ASSISTANCE

Sec. 101. Establishment of commission.

Sec. 102. Duties of commission.

Sec. 103. Powers of commission.

Sec. 104. Miscellaneous administrative provisions.

Sec. 105. Commission personnel matters.

Sec. 106. Termination of commission.

Sec. 107. Definitions.

Sec. 108. Funding.

TITLE II—LIFE INSURANCE PROGRAMS

Sec. 201. Short title.

Sec. 202. Removal of gender references with respect to Servicemen’s Group Life

Insurance.

Sec. 203. Conversion of retired reservist Servicemembers’ Group Life Insurance to

Veterans’ Group Life Insurance and extension of Veterans’

Group Life Insurance to members of the Ready Reserves.

Sec. 204. Conversion of SGLI and VGLI to commercial life insurance.

Sec. 205. Technical amendment.

TITLE III—BENEFITS PROVISIONS

Sec. 301. Expansion of period of Vietnam era for certain veterans.
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Sec. 302. Revision of authority relating to centers for minority veterans and

women veterans.

Sec. 303. Outer burial receptacles.

Sec. 304. Clarification of eligibility of minors for burial in national cemeteries.

Sec. 305. Extension of authority to treat alternative teacher certification programs as educational institutions for certain educational assistance purposes.

Sec. 306. Direct loans to refinance loans under Native American Veteran Housing

Loan Pilot Program.

Sec. 307. Clothing allowance for incarcerated veterans.

Sec. 308. Appointment of veterans service organizations as claimants’ representatives.

Sec. 309. Provision of copies of Board of Veterans’ Appeals decisions.

Sec. 310. Extension of certain authorities for services for homeless veterans.

TITLE IV—EMPLOYMENT AND REEMPLOYMENT RIGHTS OF

MEMBERS OF THE UNIFORMED SERVICES

Sec. 401. Purposes.

Sec. 402. Definitions.

Sec. 403. Discrimination against persons who serve in the uniformed services and

acts of reprisal prohibited.

Sec. 404. Reemployment rights of persons who serve in the uniformed services.

Sec. 405. Reemployment positions.

Sec. 406. Leave.

Sec. 407. Health plans.

Sec. 408. Employee pension benefit plans.

Sec. 409. Enforcement of employment or reemployment rights.

Sec. 410. Enforcement of rights with respect to a State or private employer.

Sec. 411. Enforcement of rights with respect to Federal executive agencies.

Sec. 412. Enforcement of rights with respect to certain Federal agencies.

Sec. 413. Conduct of investigation; subpoenas.

Sec. 414. Transition rules and effective dates.

Sec. 415. Effective dates.

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 of

4 an amendment to or repeal of a section or other provision,

5 the reference shall be considered to be made to a section or

6 other provision of title 38, United States Code.
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1 TITLE I—COMMISSION ON

2 TRANSITION ASSISTANCE

3 SEC. 101. ESTABLISHMENT OF COMMISSION.

4 (a) ESTABLISHMENT.—There is established a commis5 sion to be known as the Commission on Service Members

6 and Veterans Transition Assistance (hereafter in this title

7 referred to as the ‘‘Commission’’).

8 (b) MEMBERSHIP.—(1) The Commission shall be com9 posed of 12 members appointed from among private United

10 States citizens with appropriate and diverse experiences,

11 expertise, and historical perspectives on veterans, military,

12 organizational, and management matters, of whom—

13 (A) four shall be appointed by the Chairman of

14 the Committee on Veterans’ Affairs of the Senate, in

15 consultation with the Ranking Member of that com16 mittee;

17 (B) four shall be appointed by the Chairman of

18 the Committee on Veterans’ Affairs of the House of

19 Representatives, in consultation with the Ranking

20 Member of that committee;

21 (C) two shall be appointed by the Chairman of

22 the Committee on Armed Services of the Senate, in

23 consultation with the Ranking Member of that com24 mittee; and
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1 (D) two shall be appointed by the Chairman of

2 the Committee on National Security of the House of

3 Representatives, in consultation with the Ranking

4 Member of that committee.

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

6 under each of subparagraphs (A) and (B) of paragraph (1)

7 shall be a representative of a veterans service organization.

8 (B) To the maximum extent practicable, the individ9 uals appointed as members of the Commission shall be vet10 erans.

11 (C) Not more than seven of the members of the Com12 mission may be members of the same political party.

13 (3) The appointments of members of the Commission

14 shall, to the maximum extent practicable, be made after

15 consultation with representatives of veterans service organi16 zations.

17 (4) The appointments of the members of the Commis18 sion shall be made not later than 45 days after the date

19 of enactment of this Act.

20 (c) PERIOD OF APPOINTMENT; VACANCIES.—Members

21 shall be appointed for the life of the Commission. Any va22 cancy in the Commission shall not affect its powers, but

23 shall be filled in the same manner as the original appoint24 ment.
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1 (d) INITIAL MEETING.—Not later than 30 days after

2 the date on which all members of the Commission have been

3 appointed, the Commission shall hold its first meeting.

4 (e) QUORUM.—A majority of the members of the Com5 mission shall constitute a quorum, but a lesser number may

6 hold hearings.

7 (f) CHAIRMAN AND VICE CHAIRMAN.—The Commis8 sion shall select a Chairman and Vice Chairman from

9 among its members.

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

11 of the Chairman of the Commission.

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

13 composed of less than the full membership of the Commis14 sion for the purpose of carrying out the Commission’s du15 ties. The actions of such panels shall be subject to the review

16 and control of the Commission. Any findings and deter17 minations made by such a panel shall not be considered

18 the findings and determinations of the Commission unless

19 approved by the Commission.

20 (i) AUTHORITY OF INDIVIDUALS TO ACT FOR COMMIS21 SION.—Any member or agent of the Commission may, if

22 authorized by the Commission, take any action which the

23 Commission is authorized to take under this title.

24 SEC. 102. DUTIES OF COMMISSION.

25 (a) IN GENERAL.—The Commission shall—
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1 (1) review the efficacy and appropriateness of

2 veterans transition and assistance programs in pro3 viding assistance to members of the Armed Forces in

4 making the transition and adjustment to civilian life

5 upon their separation from the Armed Forces and in

6 providing assistance to veterans in making the transi7 tion to, and adjusting to, civilian life;

8 (2) review the allocation under law of respon9 sibility for the administration of veterans transition

10 and assistance programs among the various depart11 ments and agencies of the Federal Government and

12 determine the feasibility and desirability of consoli13 dating such administration in one such department

14 or agency;

15 (3) evaluate proposals for improving such pro16 grams, including proposals to consolidate, streamline,

17 and enhance the provision of such assistance and pro18 posals for alternative means of providing such assist19 ance; and

20 (4) make recommendations to Congress regarding

21 means of ensuring the continuing utility of such pro22 grams and assistance and of otherwise improving

23 such programs and the provision of such assistance.

24 (b) REVIEW OF PROGRAMS TO ASSIST MEMBERS OF

25 THE ARMED FORCES AT SEPARATION.—(1) While carrying
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1 out the general duties specified in subsection (a), the mem2 bers of the Commission appointed under subparagraphs (C)

3 and (D) of section 101(b)(1) shall review primarily the pro4 grams intended to assist members of the Armed Forces at

5 the time of their separation from service in the Armed

6 Forces, including programs designed to assist families of

7 such members in preparing for the transition of such mem8 bers from military life to civilian life and to facilitate that

9 transition.

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

11 Commission shall determine—

12 (A) the adequacy of the programs referred to in

13 paragraph (1) for their purposes;

14 (B) the adequacy of the support of the Armed

15 Forces for such programs;

16 (C) the effect, if any, of the existence of such pro17 grams on military readiness;

18 (D) the extent to which such programs provide

19 members of the Armed Forces with job-search skills;

20 (E) the extent to which such programs prepare

21 such members for employment in the private sector

22 and in the public sector;

23 (F) the effectiveness of such programs in assist24 ing such members in finding employment in the pub25 lic sector upon their separation from service; and
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1 (G) the ways in which such programs could be

2 improved in order to assist such members in securing

3 meaningful employment in the private sector upon

4 their separation from service.

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

6 (1) While carrying out the general duties specified in sub7 section (a), the members of the Commission appointed

8 under subparagraphs (A) and (B) of section 101(b)(1)

9 shall—

10 (A) review the adequacy of programs intended to

11 assist veterans (including disabled veterans, homeless

12 veterans, and economically disadvantaged veterans)

13 in adjusting to civilian life, including the programs

14 referred to in paragraph (2); and

15 (B) consider—

16 (i) whether the scope, focus, or content of

17 such programs should be changed as a result of

18 the conversion of the Armed Forces to an all-vol19 unteer force; and

20 (ii) whether responsibility for administra21 tion of such programs should be transferred to a

22 department or agency other than the Department

23 of Veterans Affairs as a result of such conversion

24 and, if so, the department or agency to which the

25 administration should be transferred.
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1 (2) The programs referred to in paragraph (1)(A) are

2 the following:

3 (A) Educational assistance programs.

4 (B) Job counseling, job training, and job place5 ment services programs.

6 (C) Rehabilitation and training programs.

7 (D) Housing loan programs.

8 (E) Small business loan and small business as9 sistance programs.

10 (F) Employment and employment training pro11 grams for employment in the public sector and the

12 private sector, including employer training programs

13 and union apprenticeship programs.

14 (G) Federal Government personnel policies (in15 cluding veterans’ preference policies) and the enforce16 ment of such policies.

17 (H) Programs that prepare the families of mem18 bers of the Armed Forces for their transition from

19 military life to civilian life and facilitate that transi20 tion.

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

22 date on which all members of the Commission have been

23 appointed, the Commission shall submit to the Committees

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

25 the Committees on Veterans’ Affairs and National Security
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1 of the House of Representatives a report setting forth a plan

2 for the work of the Commission. The Commission shall de3 velop the plan in consultation with the Secretary of Defense,

4 the Secretary of Veterans Affairs, and the heads of other

5 appropriate departments and agencies of the Federal Gov6 ernment.

7 (2)(A) Not later than one year after the date of the

8 first meeting of the Commission, the Commission shall sub9 mit to the committees referred to in paragraph (1), and

10 to the Secretary of Defense, the Secretary of Veterans Af11 fairs, the Secretary of Labor, and the Secretary of Edu12 cation, a report setting forth the activities, findings, and

13 recommendations of the Commission, including any rec14 ommendations for legislative action and administrative ac15 tion as the Commission considers appropriate.

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

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

18 and the Secretary of Veterans Affairs shall jointly transmit

19 the report to Congress, together with the Secretaries’ com20 ments on the report.

21 SEC. 103. POWERS OF COMMISSION.

22 (a) HEARINGS.—The Commission may hold such hear23 ings, sit and act at such times and places, take such testi24 mony, and receive such evidence as the Commission consid25 ers advisable to carry out the purposes of this title.
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1 (b) INFORMATION FROM FEDERAL AGENCIES.—The

2 Commission may secure directly from the Department of

3 Defense, the Department of Veterans Affairs, and any other

4 department or agency of the Federal Government such in5 formation as the Commission considers necessary to carry

6 out its duties under this title. Upon request of the Chairman

7 of the Commission, the head of such department or agency

8 shall furnish such information expeditiously to the Commis9 sion.

10 SEC. 104. MISCELLANEOUS ADMINISTRATIVE PROVISIONS.

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

12 United States mails in the same manner and under the

13 same conditions as other departments and agencies of the

14 Federal Government.

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

16 dispose of gifts or donations of services or property.

17 (c) MISCELLANEOUS ADMINISTRATIVE SUPPORT.—The

18 Secretary of Defense and the Secretary of Veterans Affairs

19 shall, upon the request of the Chairman of the Commission,

20 furnish the Commission, on a reimbursable basis, any ad21 ministrative and support services as the Commission may

22 require.

23 SEC. 105. COMMISSION PERSONNEL MATTERS.

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

25 the Commission shall be compensated at a rate equal to the
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1 daily equivalent of the annual rate of basic pay prescribed

2 for level IV of the Executive Schedule under section 5315

3 of title 5, United States Code, for each day (including travel

4 time) during which such member is engaged in performing

5 the duties of the Commission.

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

7 and personnel of the Commission may travel on military

8 aircraft, military vehicles, or other military conveyances

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

10 the Commission except when the cost of commercial trans11 portation is less expensive.

12 (2) The members of the Commission shall be allowed

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

14 at rates authorized for employees of agencies under sub15 chapter I of chapter 57 of title 5, United States Code, while

16 away from their homes or regular places of business in the

17 performance of services for the Commission.

18 (c) STAFF.—(1) The Chairman of the Commission

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

20 appoint and terminate an executive director and such other

21 additional personnel as may be necessary to enable the

22 Commission to perform its duties. In appointing an indi23 vidual as executive director, the Chairman shall, to the

24 maximum extent practicable, attempt to appoint an indi-
26

•S 1711 RS

1 vidual who is a veteran. The employment of an executive

2 director shall be subject to confirmation by the Commission.

3 (2) The Chairman of the Commission may fix the com4 pensation of the executive director and other personnel with5 out regard to the provisions of chapter 51 and subchapter

6 III of chapter 53 of title 5, United States Code, relating

7 to classification of positions and General Schedule pay

8 rates, except that the rate of pay for the executive director

9 and other personnel may not exceed the rate payable for

10 level V of the Executive Schedule under section 5316 of such

11 title.

12 (d) DETAIL OF GOVERNMENT EMPLOYEES.—Upon re13 quest of the Chairman of the Commission, the head of any

14 department or agency of the Federal Government may de15 tail, on a nonreimbursable basis, any personnel of the de16 partment or agency to the Commission to assist the Com17 mission in carrying out its duties.

18 (e) PROCUREMENT OF TEMPORARY AND INTERMIT19 TENT SERVICES.—The Chairman of the Commission may

20 procure temporary and intermittent services under section

21 3109(b) of title 5, United States Code, at rates for individ22 uals which do not exceed the daily equivalent of the annual

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

24 Schedule under section 5316 of such title.
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1 SEC. 106. TERMINATION OF COMMISSION.

2 The Commission shall terminate 90 days after the date

3 on which the Commission submits its report under section

4 102(d)(2).

5 SEC. 107. DEFINITIONS.

6 For the purposes of this title—

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

8 program’’ means any program of the Federal Govern9 ment, including the Department of Defense, the De10 partment of Veterans Affairs, the Department of

11 Labor, and the Department of Education, the purpose

12 of which is—

13 (A) to assist, by rehabilitation or other

14 means, members of the Armed Forces in readjust15 ing or otherwise making the transition to civil16 ian life upon their separation from service in the

17 Armed Forces; or

18 (B) to assist veterans in making the transi19 tion to civilian life.

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

21 given such term in section 101(10) of title 38, United

22 States Code.

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

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

25 Code.
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1 (4) The term ‘‘veterans service organization’’

2 means any organization covered by section 5902(a) of

3 title 38, United States Code.

4 SEC. 108. FUNDING.

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

6 upon the request of the Chairman of the Commission, make

7 available to the Commission such amounts as the Commis8 sion may require to carry out its duties under this title.

9 The Secretary shall make such amounts available from

10 amounts appropriated for the Department of Defense.

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

12 Commission under subsection (a) shall remain available,

13 without fiscal year limitation, until the termination of the

14 Commission.

15 TITLE II—LIFE INSURANCE

16 PROGRAMS

17 SEC. 201. SHORT TITLE.

18 This title may be cited as the ‘‘Veterans’ Insurance Re19 form Act of 1996’’.

20 SEC. 202. REMOVAL OF GENDER REFERENCES WITH RE21 SPECT TO SERVICEMEN’S GROUP LIFE INSUR22 ANCE.

23 (a) IN GENERAL.—The following provisions are

24 amended by striking out ‘‘Servicemen’s Group Life Insur-
29

•S 1711 RS

1 ance’’ each place it appears and inserting in lieu thereof

2 ‘‘Servicemembers’ Group Life Insurance’’:

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

4 (2) Subsections (a) through (d) of section 1969.

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

6 (4) Section 1971(b).

7 (5) Section 1973.

8 (6) The text of section 1974(a).

9 (7) Subsections (a) (other than the third and

10 fourth sentences), (d), and (g) of section 1977.

11 (8) Section 3017(a)(2)(A)(i).

12 (9) Section 3224(1).

13 (b) CONFORMING AND CLERICAL AMENDMENTS.—(1)

14 Section 1315(f)(1)(F) is amended by striking out ‘‘service15 men’s group life insurance’’ and inserting in lieu thereof

16 ‘‘servicemembers’ group life insurance’’.

17 (2)(A) The heading of subchapter III of chapter 19 is

18 amended to read as follows:

19 ‘‘SUBCHAPTER III—SERVICEMEMBERS’ GROUP

20 LIFE INSURANCE’’.

21 (B) The item relating to such subchapter in the table

22 of sections at the beginning of such chapter is amended to

23 read as follows:
30

•S 1711 RS

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

1 (3)(A) The section head of section 1974 is amended to

2 read as follows:

3 ‘‘§ 1974. Advisory Council on Servicemembers’ Group

4 Life Insurance’’.

5 (B) The item relating to such section in the table of

6 sections at the beginning of chapter 19 is amended to read

7 as follows:

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

8 (d) REFERENCES.—(1) Any reference to Servicemen’s

9 Group Life Insurance in any Federal law, Executive order,

10 regulation, delegation of authority, or other document of the

11 Federal Government shall be deemed to refer to

12 Servicemembers’ Group Life Insurance.

13 (2) Any reference to the Advisory Council on Service14 men’s Group Life Insurance in any Federal law, Executive

15 order, regulation, delegation of authority, or other document

16 of the Federal Government shall be deemed to refer to the

17 Advisory Council on Servicemembers’ Group Life Insur18 ance.
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1 SEC. 203. CONVERSION OF RETIRED RESERVIST

2 SERVICEMEMBERS’ GROUP LIFE INSURANCE

3 TO VETERANS’ GROUP LIFE INSURANCE AND

4 EXTENSION OF VETERANS’ GROUP LIFE IN5 SURANCE TO MEMBERS OF THE READY RE6 SERVES.

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

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

9 (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 adding ‘‘and’’ at the end of para17 graph (1);

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

19 and

20 (C) in the full sentence in the matter follow21 ing paragraph (2), by striking out ‘‘or the first

22 day a member of the Reserves, whether or not as23 signed to the Retired Reserve of a uniformed

24 service, meets the qualifications of section

25 1965(5)(C) of this title, or the first day a mem-
32

•S 1711 RS

1 ber of the Reserves meets the qualifications of sec2 tion 1965(5)(D) of this title,’’;

3 (2) by striking out subsection (d); and

4 (3) by redesignating subsection (e) as subsection

5 (d).

6 (c) DURATION AND TERMINATION OF COVERAGE.—

7 Section 1968(a) is amended—

8 (1) by striking out ‘‘subparagraph (B), (C), or

9 (D) of section 1965(5)’’ in the matter preceding para10 graph (1) and inserting in lieu thereof ‘‘section

11 1965(5)(B)’’;

12 (2) by striking out paragraph (4) and inserting

13 in lieu thereof the following new paragraph (4):

14 ‘‘(4) with respect to a member of the Ready Re15 serve of a uniformed service who meets the qualifica16 tions set forth in section 1965(5)(B) of this title, one

17 hundred and twenty days after separation or release

18 from such assignment, unless on the date of such sepa19 ration or release the member is totally disabled, under

20 criteria established by the Secretary, in which event

21 the insurance shall cease one year after the date of

22 separation or release from such assignment, or on the

23 date the insured ceases to be totally disabled, which24 ever is the earlier date, but in no event prior to the
33

•S 1711 RS

1 expiration of one hundred and twenty days after sep2 aration or release from such assignment.’’; and

3 (3) by striking out paragraphs (5) and (6).

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

5 (1) in subsection (a)(2), by striking out ‘‘is as6 signed to the Reserve (other than the Retired Re7 serve)’’ and all that follows through ‘‘section

8 1965(5)(D) of this title,’’;

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

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

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

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

13 Servicemembers’ Group Life Insurance of any member of

14 the Retired Reserve of a uniformed service shall be converted

15 to Veterans’ Group Life Insurance effective 90 days after

16 the date of enactment of this Act.

17 SEC. 204. CONVERSION OF SGLI AND VGLI TO COMMERCIAL

18 LIFE INSURANCE.

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

20 section 1968 is amended to read as follows:

21 ‘‘(b)(1) Each policy purchased under this subchapter

22 shall contain a provision, in terms approved by the Sec23 retary, that, except as hereinafter provided,

24 Servicemembers’ Group Life Insurance which is continued

25 in force after expiration of the period of duty or travel
34

•S 1711 RS

1 under section 1967(b) or 1968(a) of this title, effective the

2 day after the date such insurance would cease, shall, at the

3 election of the member or former member concerned—

4 ‘‘(A) be automatically converted to Veterans’

5 Group Life Insurance subject to (i) the timely pay6 ment of the initial premium under terms prescribed

7 by the Secretary, and (ii) the terms and conditions

8 set forth in section 1977 of this title; or

9 ‘‘(B) be converted to an individual policy of in10 surance as described in section 1977(e) of this title

11 upon written application for conversion made to the

12 participating company selected by the member and

13 payment of the required premiums.

14 ‘‘(2) Automatic conversion under paragraph (1)(A)

15 shall be effective only in the case of an otherwise eligible

16 member or former member who is separated or released from

17 a period of active duty or active duty for training or inac18 tive duty training on or after the date on which the Veter19 ans’ Group Life Insurance program (provided for under

20 section 1977 of this title) becomes effective.’’.

21 (b) CONVERSION OF VGLI.—Section 1977 is amend22 ed—

23 (1) in subsection (a), by striking out the fourth

24 and fifth sentences and inserting in lieu thereof the

25 following sentence: ‘‘If any person insured under Vet-
35

•S 1711 RS

1 erans’ Group Life Insurance again becomes insured

2 under Servicemembers’ Group Life Insurance but dies

3 before terminating or converting such person’s Veter4 ans’ Group Life Insurance to Servicemembers’ Group

5 Life Insurance, Veterans’ Group Life Insurance will

6 be payable only if such person is insured for less than

7 $200,000 under Servicemembers’ Group Life Insur8 ance, and then only in an amount which when added

9 to the amount of Servicemembers’ Group Life Insur10 ance payable shall not exceed $200,000.’’; and

11 (2) in subsection (e), by striking out the third

12 sentence and inserting in lieu thereof the following

13 new sentence: ‘‘A Veterans’ Group Life Insurance pol14 icy converted to an individual policy under this sub15 section shall terminate on the date before the date on

16 which the individual policy becomes effective.’’.

17 SEC. 205. TECHNICAL AMENDMENT.

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

19 each place it appears in the first and second sentences.

20 TITLE III—BENEFITS

21 PROVISIONS

22 SEC. 301. EXPANSION OF PERIOD OF VIETNAM ERA FOR

23 CERTAIN VETERANS.

24 (a) IN GENERAL.—Section 101(29) of title 38, United

25 States Code, is amended to read as follows:
36

•S 1711 RS

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

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

3 1961, and ending on May 7, 1975, in the case of a

4 veteran who served in the Republic of Vietnam during

5 such period.

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

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

8 (b) LIMITED EXPANSION FOR SPECIFIC PURPOSES.—

9 (1)(A) Paragraphs (1)(B) and (3) of section 1116(a) of such

10 title are each amended by striking out ‘‘during the Vietnam

11 era’’ and inserting in lieu thereof ‘‘during the period begin12 ning on January 9, 1962, and ending on May 7, 1975,’’.

13 (B) Paragraphs (1)(A), (2)C), (2)(E), (2)(F), and (4)

14 of such section are each amended by striking out ‘‘during

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

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

17 7, 1975’’.

18 (2) Section 1710(e)(1)(A) of such title is amended—

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

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

21 the period beginning on January 9, 1962, and ending

22 on May 7, 1975,’’; and

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

24 inserting in lieu thereof ‘‘such period’’.
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•S 1711 RS

1 (c) EFFECTIVE DATE.—The amendments made by this

2 section shall take effect on January 1, 1997. No benefit may

3 be paid or provided by reason of such amendments for any

4 period before such date.

5 SEC. 302. REVISION OF AUTHORITY RELATING TO CENTERS

6 FOR MINORITY VETERANS AND WOMEN VET7 ERANS.

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

9 and 318(b) are each amended by inserting ‘‘career or’’ be10 fore ‘‘noncareer’’.

11 (b) ADDITIONAL FUNCTIONS OF CENTER FOR MINOR12 ITY VETERANS.—Section 317(d) is amended—

13 (1) by redesignating paragraph (10) as para14 graph (12); and

15 (2) by inserting after paragraph (9) the follow16 ing new paragraphs (10) and (11):

17 ‘‘(10) Advise the Secretary and other appro18 priate officials on the effectiveness of the Department’s

19 efforts to accomplish the goals of section 492B of the

20 Public Health Service Act (42 U.S.C. 289a–2) with

21 respect to the inclusion of minorities in clinical re22 search and on particular health conditions affecting

23 the health of members of minority groups which

24 should be studied as part of the Department’s medical

25 research program and promote cooperation between
38

•S 1711 RS

1 the Department and other sponsors of medical re2 search of potential benefit to veterans who are minori3 ties.

4 ‘‘(11) Provide support and administrative serv5 ices to the Advisory Committee on Minority Veterans

6 provided for under section 544 of this title.’’.

7 (c) DEFINITION OF MINORITY VETERANS.—Section

8 317 is amended by adding at the end the following:

9 ‘‘(g) In this section—

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

11 means veterans who are minority group members.

12 ‘‘(2) The term ‘minority group member’ has the

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

14 title.’’.

15 (d) CLARIFICATION OF FUNCTIONS OF CENTER FOR

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

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

18 ‘‘and of’’ and inserting in lieu thereof ‘‘(42 U.S.C.

19 289a–2) with respect to the inclusion of women in clinical

20 research and on’’.

21 (e) ADDITIONAL FUNCTIONS OF ADVISORY COMMIT22 TEES.—(1) Section 542(b) is amended by inserting ‘‘, in23 cluding the Center for Women Veterans’’ before the period

24 at the end.
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•S 1711 RS

1 (2) Section 544(b) is amended by inserting ‘‘, includ2 ing the Center for Minority Veterans’’ before the period at

3 the end.

4 (f) TERMINATION DATE OF ADVISORY COMMITTEE ON

5 MINORITY VETERANS.—Section 544(e) is amended by strik6 ing out ‘‘December 31, 1997’’ and inserting in lieu thereof

7 ‘‘December 31, 1999’’.

8 SEC. 303. OUTER BURIAL RECEPTACLES.

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

10 amended—

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

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

13 thereof ‘‘an outer burial receptacle’’;

14 (2) in paragraph (2)—

15 (A) by striking out ‘‘grave liners’’ and in16 serting in lieu thereof ‘‘outer burial receptacles’’;

17 and

18 (B) by striking out ‘‘specifications and pro19 cedures’’ and inserting in lieu thereof ‘‘regula20 tions or procedures’’; and

21 (3) by adding at the end the following:

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

23 may specify that—
40

•S 1711 RS

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

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

3 election of the survivors of the interred veteran; and

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

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

6 an election of such survivors, such survivors be re7 quired—

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

9 the outer burial receptacle exceeds the cost of the

10 grave liner that would otherwise have been pro11 vided in the absence of the election; and

12 ‘‘(ii) to pay the amount of the administra13 tive costs incurred by the Secretary concerned in

14 providing the outer burial receptacle in lieu of

15 such grave liner.

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

17 may provide for the use of a voucher system, or other system

18 of reimbursement approved by the Secretary concerned, for

19 payment for outer burial receptacles other than grave liners

20 provided under such regulations or procedures.’’.

21 (b) CONFORMING AMENDMENTS.—(1) The section

22 heading of such section is amended to read as follows:
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•S 1711 RS

1 ‘‘§ 2306. Headstones, markers, and burial receptacles’’.

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

3 23 is amended by striking out the item relating to section

4 2306 and inserting in lieu thereof the following new item:

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

5 SEC. 304. CLARIFICATION OF ELIGIBILITY OF MINORS FOR

6 BURIAL IN NATIONAL CEMETERIES.

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

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

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

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

11 educational institution)’’.

12 SEC. 305. EXTENSION OF AUTHORITY TO TREAT ALTER13 NATIVE TEACHER CERTIFICATION PROGRAMS

14 AS EDUCATIONAL INSTITUTIONS FOR CER15 TAIN EDUCATIONAL ASSISTANCE PURPOSES.

16 Section 3452(c) is amended in the second sentence by

17 striking out ‘‘September 30, 1996’’ and inserting in lieu

18 thereof ‘‘December 31, 1998’’.

19 SEC. 306. DIRECT LOANS TO REFINANCE LOANS UNDER NA20 TIVE AMERICAN VETERAN HOUSING LOAN

21 PILOT PROGRAM.

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

23 (1) by redesignating subsection (h) as subsection

24 (i); and
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•S 1711 RS

1 (2) by inserting after subsection (g) the following

2 new subsection (h):

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

4 American veterans in order to enable such veterans to refi5 nance existing loans made under this section.

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

7 subsection unless the loan meets the requirements set forth

8 in subparagraphs (B), (C), and (E) of paragraph (1) of

9 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 least

12 one percentage point less than the interest rate borne by

13 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 sub17 section (a)(8) of section 3710 of this title in such para18 graphs (2) and (3) shall be deemed to be a reference to this

19 subsection.’’.

20 (b) LOAN FEE.—Section 3729(a)(2)(E) of such title is

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

22 in lieu thereof ‘‘3712(a)(1)(F), or 3762(h)’’.
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1 SEC. 307. CLOTHING ALLOWANCE FOR INCARCERATED VET2 ERANS.

3 (a) IN GENERAL.—Chapter 53 is amended by insert4 ing after section 5313 the following new section:

5 ‘‘§ 5313A. Limitation on payment of clothing allow6 ance to incarcerated veterans

7 ‘‘In the case of a veteran incarcerated in a Federal,

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

9 sixty days and furnished clothing without charge by the in10 stitution, the amount of any clothing allowance payable to

11 the veteran under section 1162 of this title shall be reduced

by an amount equal to 1 12 ⁄365th of the amount of the allow13 ance otherwise payable under that section for each day dur14 ing the 12-month period preceding the date of the payment

15 of the allowance on which the veteran was so incarcerated.’’.

16 (b) CLERICAL AMENDMENT.—The table of sections at

17 the beginning of such chapter is amended by inserting after

18 the item relating to section 5313 the following new item:

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

19 SEC. 308. APPOINTMENT OF VETERANS SERVICE ORGANIZA20 TIONS AS CLAIMANTS’ REPRESENTATIVES.

21 (a) POWER OF ATTORNEY NAMING A VETERANS SERV22 ICE ORGANIZATION.—Section 5902 is amended—

23 (1) by redesignating subsection (c) as subsection

24 (d); and
44

•S 1711 RS

1 (2) by inserting after subsection (b) the following

2 new subsection (c):

3 ‘‘(c)(1) Unless a claimant specifically indicates in a

4 power of attorney filed with the Department a desire to ap5 point only a recognized representative of an organization

6 listed in or approved under subsection (a), the Secretary

7 may, for any purpose, treat the power of attorney naming

8 such an organization, a specific office of such an organiza9 tion, or a recognized representative of such an organization

10 as the claimant’s representative as an appointment of the

11 entire organization as the claimant’s representative.

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

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

14 named in a power of attorney an organization listed in

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

16 an organization, or a recognized representative of such an

17 organization without specifically indicating a desire to ap18 point only a recognized representative of the organization,

19 the Secretary shall notify the organization at the address

20 designated by the organization for the purpose of receiving

21 the notification concerned.’’.

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

23 section apply to any power of attorney filed with the De24 partment of Veterans Affairs, regardless of the date of its

25 execution.
45

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1 SEC. 309. PROVISION OF COPIES OF BOARD OF VETERANS’

2 APPEALS DECISIONS.

3 Section 7104(e) is amended to read as follows:

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

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

6 claimant at the last known address of the claimant.

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

8 the Board shall—

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

10 authorized representative at the last known address of

11 the authorized representative; or

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

13 authorized representative by any means reasonably

14 likely to provide the authorized representative with a

15 copy of the decision within the same time a copy

16 would be expected to reach the authorized representa17 tive if sent by first-class mail.’’.

18 SEC. 310. EXTENSION OF CERTAIN AUTHORITIES FOR SERV19 ICES FOR HOMELESS VETERANS.

20 (a) AUTHORITY FOR COMMUNITY-BASED RESIDENTIAL

21 CARE FOR HOMELESS CHRONICALLY MENTALLY ILL VET22 ERANS AND OTHER VETERANS.—Section 115(d) of the Vet23 erans’ Benefits and Services Act of 1988 (38 U.S.C. 1712

24 note) is amended by striking out ‘‘December 31, 1997’’ and

25 inserting in lieu thereof ‘‘December 31, 1998’’.
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•S 1711 RS

1 (b) AUTHORIZATIONS OF APPROPRIATIONS FOR HOME2 LESS VETERANS REINTEGRATION PROJECTS.—Section

3 738(e)(1) of the Stewart B. McKinney Homeless Assistance

4 Act (42 U.S.C. 11448(e)(1)) is amended by adding at the

5 end the following:

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

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

8 TITLE IV—EMPLOYMENT AND

9 REEMPLOYMENT RIGHTS OF

10 MEMBERS OF THE UNI11 FORMED SERVICES

12 SEC. 401. PURPOSES.

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

14 honorable conditions’’.

15 SEC. 402. DEFINITIONS.

16 Section 4303(16) is amended by inserting ‘‘national’’

17 before ‘‘emergency’’.

18 SEC. 403. DISCRIMINATION AGAINST PERSONS WHO SERVE

19 IN THE UNIFORMED SERVICES AND ACTS OF

20 REPRISAL PROHIBITED.

21 Section 4311 is amended by striking out subsections

22 (b) and (c) and inserting in lieu thereof 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
47

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1 action to enforce a protection afforded any person under

2 this chapter, (2) has testified or otherwise made a statement

3 in or in connection with any proceeding under this chapter,

4 (3) has assisted or otherwise participated in an investiga5 tion under this chapter, or (4) has exercised a right pro6 vided for in this chapter. This subsection shall apply with

7 respect to a person regardless of whether the person has per8 formed service in the uniformed services.

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

10 in actions prohibited—

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

12 membership, application for membership, service,

13 application for service, or obligation for service in the

14 uniformed services is a motivating factor in the em15 ployer’s action, unless the employer can prove that the

16 action would have been taken in the absence of such

17 membership, application for membership, service, ap18 plication for service, or obligation for service; or

19 ‘‘(2) under subsection (b), if the person’s (A) ac20 tion to enforce a protection afforded any person under

21 this chapter, (B) testimony or making of a statement

22 in or in connection with any proceeding under this

23 chapter, (C) assistance or other participation in an

24 investigation under this chapter, or (D) exercise of a

25 right provided for in this chapter, is a motivating
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1 factor in the employer’s action, unless the employer

2 can prove that the action would have been taken in

3 the absence of such person’s enforcement action, testi4 mony, statement, assistance, participation, or exercise

5 of a right.

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

7 apply to any position of employment, including a position

8 covered by section 4312(d)(1)(C).’’.

9 SEC. 404. REEMPLOYMENT RIGHTS OF PERSONS WHO

10 SERVE IN THE UNIFORMED SERVICES.

11 (a) INCLUSION OF PREPARATION AND TRAVEL TIME

12 PRIOR TO SERVICE.—Section 4312(a) is amended by strik13 ing out ‘‘who is absent from a position of employment’’ and

14 inserting in lieu thereof ‘‘whose absence from a position of

15 employment is necessitated’’.

16 (b) LIMITATION ON SERVICE EXEMPTION TO WAR OR

17 NATIONAL EMERGENCY.—Section 4312(c)(4)(B) is amend18 ed to read as follows:

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

20 (other than for training) under any provision of

21 law because of a war or national emergency de22 clared by the President or the Congress, as deter23 mined by the Secretary concerned;’’.

24 (c) BRIEF, NONRECURRENT PERIODS OF SERVICE.—

25 Section 4312(d)(2)(C) is amended by striking out ‘‘is brief
49

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1 or for a nonrecurrent period and without a reasonable ex2 pectation’’ and inserting in lieu thereof ‘‘is for a brief, non3 recurrent period and there is no reasonable expectation’’.

4 (d) CONFORMING AMENDMENTS TO REDESIGNATIONS

5 IN TITLE 10.—Section 4312(c) is amended—

6 (1) in paragraph (3), by striking out ‘‘section

7 270’’ and inserting in lieu thereof ‘‘section 10147’’;

8 and

9 (2) in paragraph (4)—

10 (A) by striking out ‘‘section 672(a), 672(g),

11 673, 673b, 673c, or 688’’ in subparagraph (A)

12 and inserting in lieu thereof ‘‘section 688,

13 12301(a), 12301(g), 12302, 12304, or 12305’’;

14 (B) by striking out ‘‘section 673b’’ in sub15 paragraph (C) and inserting in lieu thereof ‘‘sec16 tion 12304’’; and

17 (C) by striking out ‘‘section 3500 or 8500’’

18 in subparagraph (E) and inserting in lieu there19 of ‘‘section 12406’’.

20 SEC. 405. REEMPLOYMENT POSITIONS.

21 Section 4313(a)(4) is amended—

22 (1) by striking out ‘‘uniform services’’ in sub23 paragraph (A)(ii) and inserting in lieu thereof ‘‘uni24 formed services’’; and
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1 (2) by striking out ‘‘of lesser status and pay

2 which’’ and inserting in lieu thereof ‘‘which is the

3 nearest approximation to a position referred to first

4 in clause (A)(i) and then in clause (A)(ii) which’’.

5 SEC. 406. LEAVE.

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

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

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

9 period of service.’’.

10 SEC. 407. HEALTH PLANS.

11 Section 4317(a) is amended—

12 (1) by striking out ‘‘(a)(1)(A) Subject to para13 graphs (2) and (3), in’’ and inserting in lieu thereof

14 ‘‘(a)(1) In’’;

15 (2) by redesignating clauses (i) and (ii) of para16 graph (1) (as amended by paragraph (1) of this sec17 tion) as subparagraphs (A) and (B), respectively;

18 (3) by redesignating subparagraph (B) as para19 graph (2); and

20 (4) by redesignating subparagraph (C) as para21 graph (3), and in that paragraph by redesignating

22 clauses (i) and (ii) as subparagraphs (A) and (B), re23 spectively, and by redesignating subclauses (I) and

24 (II) as clauses (i) and (ii), respectively.
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1 SEC. 408. EMPLOYEE PENSION BENEFIT PLANS.

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

3 striking out ‘‘services,’’ and inserting in lieu thereof ‘‘serv4 ices, such payment period’’.

5 SEC. 409. ENFORCEMENT OF EMPLOYMENT OR REEMPLOY6 MENT RIGHTS.

7 (a) TECHNICAL AMENDMENT.—The second sentence of

8 section 4322(d) is amended by inserting ‘‘attempt to’’ before

9 ‘‘resolve’’.

10 (b) NOTIFICATION.—Section 4322(e) is amended—

11 (1) in the matter preceding paragraph (1), by

12 striking out ‘‘with respect to a complaint under sub13 section (d) are unsuccessful,’’ and inserting in lieu

14 thereof ‘‘with respect to any complaint filed under

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

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

17 of Personnel Management’’ after ‘‘Federal executive

18 agency’’.

19 SEC. 410. ENFORCEMENT OF RIGHTS WITH RESPECT TO A

20 STATE OR PRIVATE EMPLOYER.

21 Section 4323(a) is amended—

22 (1) in paragraph (1), by striking out ‘‘of an un23 successful effort to resolve a complaint’’; and

24 (2) in paragraph (2)(A), by striking out ‘‘re25 garding the complaint under section 4322(c)’’ and in26 serting in lieu thereof ‘‘under section 4322(a)’’.
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1 SEC. 411. ENFORCEMENT OF RIGHTS WITH RESPECT TO

2 FEDERAL EXECUTIVE AGENCIES.

3 (a) REFERRAL.—Section 4324(a)(1) is amended by

4 striking out ‘‘of an unsuccessful effort to resolve a complaint

5 relating to a Federal executive agency’’.

6 (b) ALTERNATIVE SUBMISSION OF COMPLAINT.—Sec7 tion 4324(b) is amended—

8 (1) in the matter preceding paragraph (1), by

9 inserting ‘‘or the Office of Personnel Management’’

10 after ‘‘Federal executive agency’’; and

11 (2) in paragraph (1), by striking out ‘‘regarding

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

13 lieu thereof ‘‘under section 4322(a)’’.

14 (c) RELIEF.—Section 4324(c)(2) is amended—

15 (1) by inserting ‘‘or the Office of Personnel Man16 agement’’ after ‘‘Federal executive agency’’; and

17 (2) by striking out ‘‘employee’’ and inserting in

18 lieu thereof ‘‘Office’’.

19 SEC. 412. ENFORCEMENT OF RIGHTS WITH RESPECT TO

20 CERTAIN FEDERAL AGENCIES.

21 Section 4325(d)(1) is amended—

22 (1) by striking out ‘‘, alternative employment in

23 the Federal Government under this chapter,’’; and

24 (2) by striking out ‘‘employee’’ the last place it

25 appears and inserting in lieu thereof ‘‘employees’’.
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1 SEC. 413. CONDUCT OF INVESTIGATION; SUBPOENAS.

2 Section 4326(a) is amended by inserting ‘‘have reason3 able access to and the right to interview persons with infor4 mation relevant to the investigation and shall’’ after ‘‘at

5 all reasonable times,’’.

6 SEC. 414. TRANSITION RULES AND EFFECTIVE DATES.

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

8 Services Employment and Reemployment Rights Act of

9 1994 (Public Law 103–353; 108 Stat. 3175; 38 U.S.C. 4301

10 note) is amended—

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

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

13 days after the date of enactment of this Act, which is

14 served up to 60 days after the date of enactment of

15 this Act pursuant to orders issued under section

16 502(f) of title 32, United States Code, shall be consid17 ered under chapter 43 of title 38, United States Code,

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

19 Any service pursuant to orders issued under such sec20 tion 502(f) served after 60 days after the date of en21 actment of this Act, regardless of when begun, shall be

22 considered under the amendments made by this Act.’’;

23 and

24 (2) in paragraph (4), by striking out ‘‘such pe25 riod’’ and inserting in lieu thereof ‘‘such 60-day pe26 riod’’.
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1 (b) INSURANCE.—Section 8(c)(2) of such Act is amend2 ed by striking out ‘‘person on active duty’’ and inserting

3 in lieu thereof ‘‘person serving a period of service in the

4 uniformed services’’.

5 SEC. 415. EFFECTIVE DATES.

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

7 (b), the amendments made by this title shall take effect as

8 of October 13, 1994.

9 (b) REORGANIZED TITLE 10 REFERENCES.—The

10 amendments made by section 404(d) of this Act shall take

11 effect as of December 1, 1994.

12 Amend the title to read as follows: ‘‘To amend title

13 38, United States Code, to improve the benefits programs

14 administered by the Secretary of Veterans Affairs, to pro15 vide for a study of the Federal programs for veterans, and

16 for other purposes.’’.