Veterans' Benefits Improvements Act of 1996
PL 104-275 (S.1711), enacted 10/09/1996

110 STAT. 3322 
PUBLIC LAW 104-275—OCT. 9, 1996 
Public Law 104-275 
104th Congress 
Oct. 9, 1996 
IS. 1711] 
Veterans' 
Benefits 
Improvements 
Act of 1996. 
38 u s e 101 note. 
An Act 
To amend title 38, United States Code, to improve the benefits programs adminis-
tered by the Secretary of Veterans Affairs, to provide for a study of the Federal 
programs for veterans, and for other purposes. 
Be it enacted by the Senate and House of Representatives of 
the United States of 
America in Congress assembled, 
SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 
(a) SHORT TITLE.—This Act may be cited as the "Veterans' 
Benefits Improvements Act of 1996". 
(b) TABLE OF CONTENTS.—The table of contents of this Act 
is as follows: 
Sec. 1. Short title; table of contents. 
Sec. 2. References to title 38, United States Code. 
TITLE I—EDUCATION BENEFITS 
Sec. 101. Employment handicap for which an individual may receive training and 
rehabilitation assistance. 
Sec. 102. Permanent authority for alternative teacher certification programs. 
Sec. 103. Period of operation for approval. 
Sec. 104. Elimination of distinction between open circuit TV and independent 
study. 
Sec. 105. Cooperative programs. 
Sec. 106. Enrollment of certain VEAP participants in Montgomery GI Bill. 
Sec. 107. Montgomery GI Bill eligibility for certain active duty members of Army 
and Air National Guard. 
TITLE II—HOUSING AND MEMORIAL AFFAIRS 
Subtitle A—Housing 
Sec. 201. Extension of enhanced loan asset sale authority. 
Sec. 202. Direct loans to refinance loans under Native American veteran housing 
loan pilot program. 
Subtitle B—Memorial Affairs 
Sec. 211. Clarification of eligibility of minors for burial in national cemeteries. 
Sec. 212. Burial benefits for certain veterans who die in State nursing homes. 
Sec. 213. Outer burial receptacles. 
TITLE III—EMPLOYMENT AND TRAINING 
Subtitle A—^Veterans' Employment and Training 
Sec. 301. Regional Administrator. 
Sec. 302. Support personnel for Directors of Veterans' Employment and Training. 
Sec. 303. Pilot program to integrate and streamline functions of local veterans' em-
plo)anent 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. 
PUBLIC LAW 104-275—OCT. 9, 1996 
110 STAT. 3323 
TITLE IV—VETERANS LIFE INSURANCE PROGRAMS 
Sec. 401. Short title. 
Sec. 402. Merger of Retired Reserve Servicemembers' Group Life Insurance and 
Veterans' Group Life Insurance and extension of Veterans' Group Life 
Insurance to members of the Ready Reserve. 
Sec. 403. Conversion of SGLI and VGLI to commercial life insurance policy. 
Sec. 404. Information to be provided members concerning automatic maximum cov-
erage of $200,000 under Serviremen'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' representa-
tives. 
Sec. 509. Provision of copies of Board of Veterans' Appeals decisions. 
Sec. 510. Limitation on relocation or reduction in staJtfing of certain elements of the 
Education Service of the Veterans Benefits Administration. 
TITLE VI—OTHER MATTERS 
Sec. 601. Extension of certain authorities for services for homeless veterans. 
Sec. 602. Repair and long-term maintenance of war memorials. 
TITLE VII—COMMISSION ON SERVICEMEMBERS AND VETERANS 
TRANSITION ASSISTANCE 
Sec. 701. Establishment of Commission. 
Sec. 702. Duties of Commission. 
Sec. 703. Powers of Commission. 
Sec. 704. Miscellaneous administrative provisions. 
Sec. 705. Commission personnel matters. 
Sec. 706. Termination of Commission. 
Sec. 707. Definitions. 
' 
Sec. 708. Funding. 
SEC. 2. REFERENCES TO TITLE 38, UNITED STATES CODE. 
Except as otherwise expressly provided, whenever in this Act 
an amendment or repeal is expressed in terms of an amendment 
to or repeal of a section or other provision, the reference shall 
be considered to be made to a section or other provision of title 
38, United States Code. 
TITLE I—EDUCATION BENEFITS 
SEC. 101. EMPLOYMENT HANDICAP FOR WHICH AN INDIVIDUAL MAY 
RECEIVE TRAINING AND REHABILITATION ASSISTANCE. 
(a) DEFINITIONS.—Section 3101 is amended— 
(1) in paragraph (1), by inserting ", resulting in substantial 
part from a disability described in section 3102(1)(A) of this 
title," after "impairment"; 
(2) in paragraph (6), by inserting "authorized under section 
3120 of this title" after "assistance"; and 
(3) in paragraph (7), by inserting ", resulting in substantial 
part from a service-connected disability rated at 10 percent 
or more," after "impairment". 
(b) BASIC ENTITLEMENT.—Section 3102 is amended— 
110 STAT. 3324 
PUBLIC LAW 104-275—OCT. 9, 1996 
(1) in paragraph (l)(A)(i), by striking out "which is" and 
all that follows through "chapter 11 of this title and" and 
inserting in lieu thereof "rated at 20 percent or more"; 
(2) in paragraph (2)(A), by striking out "which is" and 
all that follows through "chapter 11 of this title and" and 
inserting in lieu thereof "rated at 10 percent"; and 
(3) by amending paragraph (2)(B) to read as follows: 
"(B) is determined by the Secretary to be in need 
of rehabilitation because of a serious employment handi-
cap. . 
(c) PERIODS OF ELIGIBILITY.—Section 3103 is amended— 
(1) in subsection (b)(3), by striking out "described in section 
3102(l)(A)(i) of this title" and inserting in lieu thereof "rated 
at 10 percent or more"; 
(2) in subsection (c)— 
(A) in the matter preceding paragraph (1), by striking 
out "particular" and inserting in lieu thereof "current"; 
and 
(B) in paragraph (2), by striking out "veteran's employ-
ment" and inserting in lieu thereof "veterem's current 
emplojmaent"; and 
(3) in subsection (d), by striking out "under this chapter" 
and inserting in lieu thereof "in accordance with the provisions 
of section 3120 of this title". 
(d) SCOPE OF SERVICES AND ASSISTANCE.—Section 3104 
is 
amended— 
(1) in subsection (a)— 
(A) in paragraph (1)— 
(i) by striking out "such veteran's disability or 
disabilities cause" and inserting in lieu thereof "the 
veteran has an emplo5anent handicap or"; and 
(ii) by inserting "reasonably" after "goal is"; 
(B) in paragraph (7)(A)— 
(i) by striking out "(i)"; and 
(ii) by striking out ", and (ii)" and all that follows 
through "such Act"; and 
(C) in paragraph (12), by striking out "For the most 
severely disabled veterans requiring" and inserting in lieu 
thereof "For veterans with the most severe service-con-
nected disabilities who require"; and 
(2) by striking out subsection (b) and redesignating sub-
section (c) as subsection (b). 
(e) DURATION OF REHABILITATION PROGRAMS.—Paragraph (1) 
of section 3105(c) is amended by striking out "veteran's employ-
ment" and inserting in lieu thereof "veteran's current employment". 
(f) INITIAL AND EXTENDED 
EVALUATIONS; 
DETERMINATIONS 
REGARDING SERIOUS EMPLOYMENT HANDICAP.—(1) Section 3106 is 
amended— 
(A) in subsection (a), by striking out "described in clause 
(i) or (ii) of section 3102(1)(A) of this title" and inserting in 
lieu thereof "rated at 10 percent or more"; 
(B) in subsection (b), by striking out "counseling in accord-
ance with"; 
(C) in subsection (c), by striking out "with extended" and 
inserting in lieu thereof "with an extended"; and 
PUBLIC LAW 104-275—OCT. 9, 1996 
110 STAT. 3325 
(D) by redesignating subsections (d) and (e) as subsections 
(e) and if), respectively, and inserting after subsection (c) the 
following new subsection: 
"(d) In any case in which the Secretary has determined that 
a veteran has a serious employment handicap and also determines, 
following such initial and any such extended evaluation, that 
achievement of a vocational goal currently is not reasonably feasible, 
the Secretary shall determine whether the veteran is capable of 
participating in a program of independent living services and assist-
ance under section 3120 of this title.". 
(2) Chapter 31 is amended— 
(A) in section 3107(c)(2), by striking out "3106(e)" and 
inserting in lieu thereof "3106(f)"; 
(B) in section 3109, by striking out "3106(d)" and inserting 
in heu thereof "3106(e)"; 
(C) in section 3118(c), by striking out "3106(e)" and insert-
ing in lieu thereof "3106(f)"; and 
(D) in section 3120(b), by striking out "3106(d)" and insert-
ing in heu thereof "3106(d) or (e)". 
(g) ALLOWANCES.—Section 3108 is amended— 
(1) in subsection (a)(2), by striking out "following the 
conclusion of such pursuit" and inserting in lieu thereof "while 
satisfactorily following a program of employment services pro-
vided under section 3104(a)(5) of this title"; and 
(2) in subsection (f)(1)— 
(A) in subparagraph (A)— 
(i) by inserting "eligible for and" after "veteran 
is"; 
(ii) by striking out "chapter 30 or 34" and inserting 
in lieu thereof "chapter 30"; and 
(iii) by striking out "either chapter 30 or chapter 
34" and inserting in lieu thereof "chapter 30"; and 
(B) in subparagraph (B), by striking out "chapter 30 
or 34" and inserting in lieu thereof "chapter 30". 
(h) EMPLOYMENT ASSISTANCE.—Paragraph (1) of section 3117(a) 
is amended by inserting "rated at 10 percent or more" after "disabil-
ity". 
(i) PROGRAM OF INDEPENDENT LIVING SERVICES AND ASSIST-
ANCE.—Section 3120 is amended— 
(1) in subsection (b), by striking out "service-connected 
disability described in section 3102(1)(A)" and inserting in lieu 
thereof "serious emplo5anent handicap resulting in substantial 
part from a service-connected disability described in section 
3102(l)(A)(i)"; and 
(2) in subsection (d), by striking out "and (b)". 
(j) EFFECTIVE DATE.—(1) Except as provided in paragraph (2), 38USC3ioi 
the amendments made by this section shall take effect on the note. 
date of the enactment of this Act. 
(2) The amendments made by subsection (a) (other than para-
graph (2)), subsection (d) (other than subparagraphs (A) and (B) 
of paragraph (1)), and subsection (i) shall only apply with respect 
to claims of eligibility or entitlement to services and assistance 
(including claims for extension of such services and assistance) 
under chapter 31 of title 38, United States Code, received by the 
Secretary of Veterans Affairs on or after the date of the enactment 
of this Act, including those claims based on original applications, 
and applications seeking to reopen, revise, reconsider, or otherwise 
110 STAT. 3326 
PUBLIC LAW 104-275—OCT. 9, 1996 
adjudicate or readjudicate on any basis claims for services and 
assistance under such chapter. 
SEC. 102. PERMANENT AUTHORITY FOR ALTERNATIVE TEACHER CER-
TIFICATION PROGRAMS. 
Subsection (c) of section 3452 is amended by striking out "For 
the period ending on September 30, 1996, such" and inserting 
in Heu thereof "Such". 
SEC. 103. PERIOD OF OPERATION FOR APPROVAL. 
(a) IN GENERAL.—(1) Chapter 36 is amended— 
(A) by striking out section 3689; and 
(B) by striking out the item relating to section 3689 in 
the table of sections at the beginning of such chapter. 
(2) Subparagraph (C) of section 3680A(d)(2) is amended by 
striking out "3689(b)(6) of this title" and inserting in lieu thereof 
"subsection (g)". 
(b) DISAPPROVAL OF ENROLLMENT IN CERTAIN COURSES.—Sec-
tion 3680A is amended by adding after subsection (d) the following 
new subsections: 
"(e) The Secretary may not approve the enrollment of an eligible 
veteran in a course not leading to a standard college degree offered 
by a proprietary profit or proprietary nonprofit educational institu-
tion if— 
"(1) the educational institution has been operating for less 
than two years; 
"(2) the course is offered at a branch of the educational 
institution and the branch has been operating for less than 
two years; or 
"(3) following either a change in ownership or a complete 
move outside its original general locality, the educational 
institution does not retain substantially the same faculty, stu-
dent body, and courses as before the chemge in ownership 
or the move outside the general locality (as determined in 
accordance with regulations the Secretary shall prescribe) 
unless the educational institution following such change or 
move has been in operation for at least two years. 
"(f) The Secretary may not approve the enrollment of an eligible 
veteran in a course as a part of a program of education offered 
by an educational institution if the course is provided under contract 
by another educational institution or entity and— 
"(1) the Secretary would be barred under subsection (e) 
from approving the enrollment of an eligible veteran in the 
course of the educational institution or entity providing the 
course under contract; or 
"(2) the educational institution or entity providing the 
course under contract has not obtained approval for the course 
under this chapter. 
"(g) Notwithstanding subsections (e) and (f), the Secretary may 
approve the enrollment of an eligible veteran in a course approved 
under this chapter if the course is offered by an educational institu-
tion under contract with the Department of Defense or the Depart-
ment of Transportation and is given on or immediately adjacent 
to a military base. Coast Guard station, National Guard facility, 
or facility of the Selected Reserve.". 
(c) APPROVAL OF ACCREDITED COURSES.—Subsection (b) of sec-
tion 3675 is amended to read as follows: 
PUBLIC LAW 104-275—OCT. 9, 1996 
110 STAT. 3327 
"(b) As a condition of approval under this section, the State 
approving agency must find the following: 
"(1) The educational institution keeps adequate records, 
as prescribed by the State approving agency, to show the 
progress and grades of the eligible person or veteran and to 
show that satisfactory standards relating to progress and con-
duct are enforced. 
"(2) The educational institution maintains a written record 
of the previous education and training of the eligible person 
or veteran that clearly indicates that appropriate credit has 
been given by the educational institution for previous education 
and training, with the training period shortened proportion-
ately. 
"(3) The educational institution and its approved courses 
meet the criteria of paragraphs (1), (2), and (3) of section 
3676(c) of this title.". 
SEC. 104. ELIMINATION OF DISTINCTION BETWEEN OPEN CIRCUIT TV 
AND INDEPENDENT STUDY. 
(a) 
VETERANS' 
EDUCATIONAL 
ASSISTANCE 
PROGRAM.—Sub-
section (f) of section 3482 is amended by striking out "in part". 
(b) SURVIVORS' AND DEPENDENTS' EDUCATIONAL ASSISTANCE.— 
Section 3523 is amended— 
(1) in subsection (a)(4), by inserting "(including open circuit 
television)" after "independent study program" the second place 
it appears; and 
(2) in subsection (c), by striking out "radio" and all that 
follows through the end and inserting in lieu thereof "radio.". 
(c) ADMINISTRATION OF EDUCATIONAL BENEFITS.—Subsection (c) 
of section 3680A is amended by striking out "radio" and all that 
follows through the end and inserting in lieu thereof "radio.". 
SEC. 105. COOPERATIVE PROGRAMS. 
(a) CHAPTER 30.—Section 3032 is amended by striking out 
subsection (d) and redesignating subsections (e) and (f) as sub-
sections (d) and (e), respectively. 
(b) CHAPTER 32.—Section 3231 is amended by striking out 
subsection (d) and redesignating subsections (e) and (f) as sub-
sections (d) and (e), respectively. 
(c) CHAPTER 35.—Subsection (b) of section 3532 is amended 
by striking out "$327" and inserting in lieu thereof "$404". 
(d) CHAPTER 1606.—Section 16131 of title 10, United States 
Code, is amended— 
(1) by striking out subsection (e) and redesignating sub-
sections (f), (g), (h), (i), and (j) as subsections (e), (f), (g), (h), 
and (i), respectively; and 
(2) in subsection (b)(1), by striking out "(g)" and inserting 
in lieu thereof "(f)". 
SEC. 106. ENROLLMENT OF CERTAIN VEAP PARTICIPANTS IN 
MONTGOMERY GI BILL. 
(a) IN GENERAL.—Subchapter II of chapter 30 is amended by 
inserting after section 3018B the following new section: 
"§ 3018C. Opportunity for certain VEAP participants to enroll 
"(a) Notwithstanding any other provision of law, an individual 
who— 
110 STAT. 3328 
PUBLIC LAW 104-275—OCT. 9, 1996 
"(1) is a participant on the date of the enactment of the 
Veterans' Benefits Improvements Act of 1996 in the educational 
benefits program provided by chapter 32 of this title; 
"(2) is serving on active duty (excluding the periods referred 
to in section 3202(1)(C) of this title) on such date; 
"(3) before applying for benefits under this section, has 
completed the requirements of a secondary school diploma (or 
equivalency certificate) or has successfiiUy completed the 
equivalent of 12 semester hours in a program of education 
leading to a standard college degree; 
"(4) if discharged or released from active duty during the 
one-year period specified in paragraph (5), is discharged or 
released therefrom with an honorable discharge; and 
"(5) during the one-year period beginning on the date of 
the enactment of the Veterans' Benefits Improvements Act 
of 1996, makes an irrevocable election to receive benefits under 
this section in lieu of benefits under chapter 32 of this title, 
pursuant to procedures which the Secretary of each militsuy 
department shall provide in accordance with regulations pre-
scribed by the Secretary of Defense for the purpose of carrying 
out this section or which the Secretary of Transportation shall 
provide for such purpose with respect to the Coast Guard 
when it is not operating as a service in the Navy; 
may elect to become entitled to basic educationsd assistance imder 
this chapter. 
"(b) With respect to an individual who makes an election under 
subsection (a) to become entitled to basic education assistance \mder 
this chapter— 
"(1) the basic pay of the individusJ shall be reduced (in 
a manner determined by the Secretary of Defense) until the 
total amoimt by which such basic pay is reduced is $1,200; 
or 
"(2) to the extent that basic pay is not so reduced before 
the individual's discharge or release from active duty as speci-
fied in subsection (aX4), the Secretary shall collect from the 
individual an amount equal to the difference between $1,200 
and the total amount of reductions under paragraph (1), which 
shall be paid into the Treasury of the United States as mis-
cellaneous receipts. 
"(c)(1) Except as provided in paragraph (3), an individual who 
is enrolled in the educational benefits program provided by chapter 
32 of this title and who makes the election described in subsection 
(a)(5) shall be disenroUed from such chapter 32 program as of 
the date of such election. 
"(2) For each individusd who is disenrolled from such program, 
the Secretary shall refund— 
"(A) to the individual, as provided in section 3223(b) of 
this title and subject to subsection (b)(2) of this section, the 
unused contributions made by the individual to the Post-Viet-
nam Era Veterans Education Accoxmt established pursuant 
to section 3222(a) of this title; and 
"(B) to the Secretary of Defense the unused contributions 
(other than contributions made under section 3222(c) of this 
title) made by such Secretary to the Account on behedf of 
such individual. 
"(3) Any contribution made by the Secretary of Defense to 
the Post-Vietnam Era Veterans Education Account pursuant to 
PUBLIC LAW 104-275—OCT. 9, 1996 
110 STAT. 3329 
subsection (c) of section 3222 of this title on behalf of any individual 
referred to in paragraph (1) shall remain in such account to make 
payments of benefits to such individual under section 3015(f) of 
this title. 
"(d) The procedures provided in regulations referred to in sub-
section (a) shall provide for notice of the requirements of subpara-
graphs (B), (C), and (D) of section 3011(a)(3) and of subparagraph 
(A) of section 3012(a)(3) of this title. Receipt of such notice shall 
be acknowledged in writing.". 
(b) CONFORMING AMENDMENTS.—(1) The table of sections at 
the beginning of chapter 30 is amended by inserting after the 
item relating to section 3018B the following new item: 
"3018C. Opportunity for certain VEAP participants to enroll.". 
(2) Subsection (d) of section 3013 is amended by striking out 
"or 3018B" and inserting in lieu thereof", 3018B, or 3018C". 
(3) Subsection (f) of section 3015 is amended by inserting 
", 3018B, or 3018C" after "section 3018A". 
(c) 
TRANSFER 
OF 
EDUCATIONAL 
ASSISTANCE 
FUNDS.—(1) 
Subparagraph (B) of section 3232(b)(2) is amended— 
(A) by striking out ", for the purposes of section 1322(a) 
oftitle31,";and 
(B) by striking out "as provided in such section" and insert-
ing in lieu thereof "to the Secretary for payments for entitle-
ment earned under subchapter II of chapter 30". 
(2) Paragraph (1) of section 3035(b) is amended by inserting 
before the period at the end the following: "and from transfers 
from the Post-Vietnam Era Veterans Education Account pursuant 
to section 3232(b)(2)(B) of this title". 
SEC. 107. MONTGOMERY GI BILL ELIGIBILITY FOR CERTAIN ACTIVE 
DUTY MEMBERS OF ARMY AND AIR NATIONAL GUARD. 
(a) IN GENERAL.—Paragraph (7) of section 3002 is amended 
by striking out "November 29, 1989" and inserting in lieu thereof 
"June 30, 1985". 
(b) APPLICATION.—(1) An individual may only become eligible 38 use 3002 
for benefits under chapter 30 of title 38, United States Code, as note. 
a result of the amendment made by subsection (a) by making 
an election to become entitled to basic educational assistance under 
such chapter. The election may only be made during the nine-
month period beginning on the date of the enactment of this Act 
and in the manner required by the Secretary of Defense. 
(2) In the case of any individual making an election under 
paragraph (1)— 
(A) the basic pay of an individual who, while a member 
of the Armed Forces, makes an election under paragraph (1) 
shall be reduced (in a manner determined by the Secretary 
of Defense) until the total amount by which such basic pay 
is reduced is $1,200; or 
(B) to the extent that basic pay is not so reduced before 
the individual's discharge or release from active duty, the Sec-
retary of Veterans Affairs shall collect from an individual who 
makes such an election an amount equal to the difference 
between $1,200 and the total amount of reductions under 
subparagraph (A), which amount shall be paid into the Treasury 
as miscellaneous receipts. 
110 STAT. 3330 
PUBLIC LAW 104-275—OCT. 9, 1996 
(3) In the case of any individual making an election under 
paragraph (1), the 10-year period referred to in section 3031 of 
such title shall begin on the later of— 
(A) the date determined under such section 3031; or 
(B) the date on which the election under paragraph (1) 
becomes effective. 
TITLE II—HOUSING AND MEMORIAL 
AFFAIRS 
Subtitle A—^Housing 
SEC. 201. EXTENSION OF ENHANCED LOAN ASSET SALE AUTHORITY. 
Paragraph (2) of section 3720(h) is amended by striking out 
"December 31, 1996" and inserting in lieu thereof "December 31, 
1997". 
SEC. 202. DIRECT LOANS TO REFINANCE LOANS UNDER NATIVE 
AMERICAN VETERAN HOUSING LOAN PILOT PROGRAM. 
(a) AUTHORITY.—Section 3762 is amended— 
(1) by redesignating subsection (h) as subsection (i); and 
(2) by inserting after subsection (g) the following new sub-
section (h): 
"(h)(1) The Secretsiry may make direct loans to Native American 
veterans in order to enable such veterans to refinance existing 
loans made under this section. 
"(2)(A) The Secretary may not make a loan under this sub-
section unless the loan meets the requirements set forth in subpara-
graphs (B), (C), and (E) of paragraph (1) of section 3710(e) of 
this title. 
"(B) The Secretary may not make a loan under this subsection 
unless the loan will bear an interest rate at least one percentage 
point less than the interest rate borne by the loan being refinanced. 
"(C) Paragraphs (2) and (3) of such section 3710(e) shall apply 
to any loan made under this subsection, except that for the purposes 
of this subsection the reference to subsection (a)(8) of section 3710 
of this title in such paragraphs (2) and (3) shall be deemed to 
be a reference to this subsection.". 
(b) LOAN FEE.—Section 3729(a)(2)(E) is amended by striking 
out "or 3712(a)(l)(Fr and inserting in lieu thereof "3712(a)(1)(F), 
or 3762(h)". 
Subtitle B—^Memorial Affairs 
SEC. 211. CLARIFICATION OF ELIGIBILITY OF MINORS FOR BURIAL 
IN NATIONAL CEMETERIES. 
Section 2402(5) is amended by inserting after "minor child" 
the following: "(which for purposes of this chapter includes a child 
under 21 years of age, or under 23 years of age if pursuing a 
course of instruction at an approved educational institution)". 
SEC. 212. BURIAL BENEFITS FOR CERTAIN VETERANS WHO DDE IN 
STATE NURSING HOMES. 
Subsection (a) of section 2303 is amended to read as follows: 
PUBLIC LAW 104-275—OCT. 9, 1996 
110 STAT. 3331 
"(a)(1) When a veteran dies in a facility described in paragraph 
(2), the Secretary shall— 
"(A) pay the actual cost (not to exceed $300) of the burial 
and funeral or, within such limits, may make contracts for 
such services without regard to the laws requiring advertise-
ment for proposals for supplies and services for the Department; 
and 
"(B) when such a death occurs in a State, transport the 
body to the place of burial in the same or any other State. 
"(2) A facility described in this paragraph is— 
"(A) a Department facility (as defined in section 1701(4) 
of this title) to which the deceased was properly admitted 
for hospital, nursing home, or domiciliary care under section 
1710 or 1711(a) of this title; or 
"(B) an institution at which the deceased vetersin was, 
at the time of death, receiving— 
"(i) hospital care in accordance with section 1703 of 
this title; 
"(ii) nursing home care under section 1720 of this 
title; or 
"(iii) nursing home care for which pa3anents are made 
under section 1741 of this title.". 
SEC. 213. OUTER BURIAL RECEPTACLES. 
(a) IN GENERAL.—Subsection (d) of section 2306 is amended— 
(1) in paragrai^ (1), by striking out "a grave liner" each 
place it appears and inserting in lieu thereof "an outer burial 
receptacle"; 
(2) in paragraph (2)— 
(A) by striking out "grave liners" and inserting in 
lieu thereof "outer burial receptacles"; and 
(B) by striking out "specifications and procedures'^ and 
inserting in lieu thereof "regulations or procedures"; and 
(3) by adding at the end the foUowing: 
"(3) Reg^Iaticms or procedures under paragraph (2) may specify 
^at— 
"(A) an outer burial receptacle other than a grave liner 
be provided in lieu of a grave liner at the electicm of the 
survivors of the interred veteran; and 
"(B) if an outer burial rec^tacle other than a grave linmr 
is provided in lieu of a grave liner upon an election of such 
survivors, such survivors be required— 
*^i) to pay the amount by which the cost of tiie outer 
burial receptacle exceeds the cost of the grave liner tiiat 
would otherwise have been provided in the absence of 
' the election; and 
"(ii) to pay the amount of the administrative costs 
incurred by liie Secretary (or, with respect to Arlington 
National Cemetery, the Secretary of the Army) in providing 
^ e outer burial receptacle in lieu of such grave lin^. 
"(4) Regulations or procedures under paragraph (2) may provide 
for the use of a voucher system, or other system of reimbursement 
approved by the Secretary (or, with respect to Arlington National 
Cemetery, the Secretary of the Army), for payment for outer burial 
receptacles other than grave liners provided under such regulations 
or procedures.". 
2»-194 O - 96 - 9: (^ 3 Part 6 
110 STAT. 3332 
PUBLIC LAW 104-275—OCT. 9, 1996 
(b) CONFORMING AMENDMENTS.—(1) The heading of such section 
is amended to read as follows: 
"§ 2306. Headstones, markers, and burial receptacles". 
(2) The table of sections at the beginning of chapter 23 is 
amended by striking out the item relating to section 2306 and 
inserting in lieu thereof the following new item: 
"2306. Headstones, markers, and burial receptacles.". 
TITLE III—EMPLOYMENT AND 
TRAINING 
Subtitle A—Veterans' Employment and 
Training 
SEC. 301. REGIONAL ADMINISTRATOR. 
Paragraph (1) of section 4102A(e) is amended by adding at 
the end the following: "Each Regional Administrator appointed after 
the date of the enactment of the Veterans' Benefits Improvements 
Act of 1996 shall be a veteran.". 
SEC. 302. SUPPORT PERSONNEL FOR DIRECTORS OF VETERANS' 
EMPLOYMENT AND TRAINING. 
Subsection (a) of section 4103 is amended— 
(1) in the first sentence, by striking out "full-time Federal 
clerical support" and inserting in lieu thereof "full-time Federal 
clerical or other support personnel"; and 
(2) in the third sentence, by striking out "Full-time Federal 
clerical support personnel" and inserting in lieu thereof "Full-
time Federal clerical or other support personnel". 
38 use 4104 
SEC. 303. PILOT PROGRAM TO INTEGRATE AND STREAMLINE FUNC-
note. 
TIONS OF LOCAL VETERANS' EMPLOYMENT REPRESENTA-
TIVES. 
(a) AUTHORITY TO CONDUCT PILOT PROGRAM.—In order to 
assess the effects on the timeliness and quality of services to veter-
ans resulting fi'om re-focusing the staff resources of local veterans' 
employment representatives, the Secretary of Labor may conduct 
a pilot program under which the primary responsibilities of local 
veterans' employment representatives will be case management 
and the provision and facilitation of direct employment and training 
services to veterans. 
(b) AUTHORITIES UNDER CHAPTER 41.—To implement the pilot 
program, the Secretary of Labor may suspend or limit application 
of those provisions of chapter 41 of title 38, United States Code 
(other than sections 4104(b)(1) and (c)) that pertain to the Local 
Veterans' Employment Representative Program in States des-
ignated by the Secretary under subsection (d), except that the 
Secretary may use the authority of such chapter, as the Secretary 
may determine, in conjunction with the authority of this section, 
to carry out the pilot program. The Secretary may collect such 
data as the Secretary considers necessary for assessment of the 
pilot program. The Secretary shall measure and evaluate on a 
continuing basis the effectiveness of the pilot program in achieving 
its stated goals in general, and in achieving such goals in relation 
PUBLIC LAW 104-275—OCT. 9, 1996 
110 STAT. 3333 
to their cost, their effect on related programs, and their structure 
and mecheinisms for delivery of services. 
(c) TARGETED VETERANS.—Within the pilot program, eligible 
veterans who are among groups most in need of intensive services, 
including disabled veterans, economically disadvantaged veterans, 
and veterans separated within the previous four years from active 
military, naval, or air service shall be given priority for service 
by local veterans' employment representatives. Priority for the 
provision of service shall be given first to disabled veterans and 
then to the other categories of veterans most in need of intensive 
services in accordance with priorities determined by the Secretary 
of Labor in consultation with appropriate State labor authorities. 
(d) STATES DESIGNATED.—The pilot program shall be limited 
to not more than five States to be designated by the Secretary 
of Labor. 
(e) REPORTS TO CONGRESS.—(1) Not later than one year after 
the date of the enactment of this Act, the Secretary of Labor 
shall submit to the Committees on Veterans' Affairs of the Senate 
and the House of Representatives an interim report describing 
in detail the development and implementation of the pilot program 
on a State by State basis. 
(2) Not later than 120 days after the expiration of this section 
under subsection (h), the Secretary of Labor shall submit to the 
Committees on Veterans' Affairs of the Senate and the House 
of Representatives a final report evaluating the results of the pilot 
program and make recommendations based on the evaluation, which 
may include legislative recommendations. 
(f) DEFINITIONS.—For the purposes of this section: 
(1) The term 'Veteran" has the meaning given such term 
by section 101(2) of title 38, United States Code. 
(2) The term "disabled veteran" has the meaning given 
such term by section 4211(3) of such title. 
(3) The term "active military, naval, or air service" has 
the meaning given such term by section 101(24) of such title. 
(g) ALLOCATION OF FUNDS.—^Any amount otherwise available 
for fiscal year 1997, 1998, or 1999 to carry out section 4102A(b)(5) 
of title 38, United States Code, with respect to a State designated 
by the Secretary of Labor pursuant to subsection (d) shall be avail-
able to carry out the pilot program during that fiscal year with 
respect to that State. 
(h) EXPIRATION DATE.—The authority to carry out the pilot 
program under this section shall expire on October 1, 1999. 
Subtitle B—Technical Amendments Relat-
ing to the Uniformed Services Employ-
ment and Reemployment Rights Act of 
1994 
SEC. 311. AMENDMENTS TO CHAPTER 43 OF TITLE 38, UNITED STATES 
CODE. 
Chapter 43 is amended as follows: 
(1) Section 4301(a)(2) is amended by striking out "under 
honorable conditions". 
110 STAT. 3334 
PUBLIC LAW 104-275—OCT. 9, 1996 
(2) Section 4303(16) is amended by inserting "national" 
before "emergency". 
(3) Section 4311 is amended by striking out subsections 
(b) and (c) and inserting in lieu thereof the following: 
"(b) An employer may not discriminate in employment against 
or take any adverse employment action against any person because 
such person (1) has taken an action to enforce a protection afforded 
any person under this chapter, (2) has testified or otherwise made 
a statement in or in connection with any proceeding under this 
chapter, (3) has assisted or otherwise participated in an investiga-
tion under this chapter, or (4) has exercised a right provided for 
in this chapter. The prohibition in this subsection shall apply with 
respect to a person regardless of whether that person has performed 
service in the uniformed services. 
"(c) An employer shall be considered to have engaged in actions 
prohibited— 
"(1) under subsection (a), if the person's membership, 
application for membership, service, application for service, or 
obligation for service in the uniformed services is a motivating 
factor in the employer's action, unless the employer can prove 
that the action would have been taken in the absence of such 
membership, application for membership, service, application 
for service, or obligation for service; or 
"(2) under subsection (b), if the person's (A) action to enforce 
a protection afforded any person under this chapter, (B) testi-
mony or making of a statement in or in connection with any 
proceeding under this chapter, (C) assistance or other participa-
tion in an investigation under this chapter, or (D) exercise 
of a right provided for in this chapter, is a motivating factor 
in the employer's action, unless the employer can prove that 
the action would have been taken in the absence of such per-
son's enforcement action, testimony, statement, assistance, 
participation, or exercise of a right. 
"(d) The prohibitions in subsections (a) and (b) shall apply 
to any position of employment, including a position that is described 
in section 4312(d)(1)(C) of this title.". 
(4) Section 4312 is amended— 
(A) in subsection (a), by striking out "who is absent 
from a position of employment" and inserting in lieu thereof 
"whose absence from a position of employment is neces-
sitated"; 
(B) in subsection (c)— 
(i) by striking out "section 270" in paragraph (3) 
and inserting in lieu thereof "section 10147"; and 
(ii) in paragraph (4)— 
(I) by striking out "section 672(a), 672(g), 673, 
673b, 673c, or 688" in subparagraph (A) and insert-
ing in lieu thereof "section 688, 12301(a), 12301(g), 
12302, 12304, or 12305"; 
(II) by amending subparagraph (B) to read 
as follows: 
"(B) ordered to or retained on active duty (other than 
for training) under any provision of law because of a war 
or national emergency declared by the President or the 
Congress, as determined by the Secretary concerned;"; 
PUBLIC LAW 104-275—OCT. 9, 1996 
110 STAT. 3335 
(III) by striking out "section 673b" in subpara-
graph (C) and inserting in lieu thereof "section 
12304"; and 
(IV) by striking out "section 3500 or 8500" 
in subparagraph (E) and inserting in lieu thereof 
"section 12406"; and 
(C) in subsection (d)(2)(C), by striking out "is brief 
or for a nonrecurrent period and without a reasonable 
expectation" and inserting in Heu thereof "is for a brief, 
nonrecurrent period and there is no reasonable expecta-
tion". 
(5) Section 4313(a)(4) is amended— 
(A) by striking out "uniform services" in subparagraph 
(A)(ii) and inserting in lieu thereof "uniformed services"; 
and 
(B) by striking out "of lesser status and pay which" 
and inserting in lieu thereof "which is the nearest approxi-
mation to a position referred to first in clause (A)(i) and 
then in clause (A)(ii) which". 
(6) Section 4316(d) is amended by adding at the end the 
following new sentence: "No employer may require any such 
person to use vacation, annual, or similar leave during such 
period of service.". 
(7) Section 4317(a) is amended— 
(A) by striking out "(a)(1)(A) Subject to paragraphs 
(2) and (3), in" and inserting in lieu thereof "(a)(1) In"; 
(B) by redesignating clauses (i) and (ii) of paragraph 
(1) (as amended by subparagraph (A) of this paragraph) 
as subparagraphs (A) and (B), respectively; 
(C) by redesignating subparagraph (B) as paragraph 
(2); and 
(D) by redesignating subparagraph (C) as paragraph 
• (3), and in that paragraph by redesignating clauses (i) 
and (ii) as subparagraphs (A) and (B), respectively, and 
by redesignating subclauses (I) and (II) as clauses (i) and 
(ii), respectively. 
(8) The last sentence of section 4318(b)(2) is amended by 
striking out "services," and inserting in lieu thereof "services, 
such payment period". 
(9) Section 4322 is amended— 
(A) in the second sentence of subsection (d) by inserting 
"attempt to" before "resolve"; and 
(B) in subsection (e)— 
(i) in the matter preceding paragraph (1), by strik-
ing out "with respect to a complaint under subsection 
(d) are unsuccessful," and inserting in lieu thereof 
"with respect to any complaint filed under subsection 
(a) do not resolve the complaint,"; and 
(ii) in paragraph (2), by inserting "or the Office 
of Personnel Management" after "Federal executive 
agenc/'. 
(10) Section 4323(a) is amended— 
(A) in paragraph (1), by striking out "of an unsuccessful 
effort to resolve a complaint"; and 
(B) in paragraph (2)(A), by striking out "regarding 
the complaint under section 4322(c)" and inserting in lieu 
thereof "under section 4322(a)". 
110 STAT. 3336 
PUBLIC LAW 104-275—OCT. 9, 1996 
(11) Section 4324 is amended— 
(A) in subsection (a)(1), by striking out "of an 
unsuccessful effort to resolve a complaint relating to a 
Federal executive agency"; 
(B) in subsection (b)— 
(i) in the matter preceding paragraph (1), by insert-
ing "or the Office of Personnel Management" after 
"Federal executive agency"; and 
(ii) in paragraph (1), by striking out "regarding 
a complaint under section 4322(c)" and inserting in 
lieu thereof "under section 4322(a)"; and 
(C) in subsection (c)(2)— 
(i) by inserting "or the Office of Personnel Manage-
ment" after "Federal executive agency"; and 
(ii) by striking out "employee" and inserting in 
heu thereof "Office". 
(12) Section 4325(d)(1) is amended— 
(A) by striking out ", alternative employment in the 
Federal Government under this chapter,"; and 
(B) by striking out "employee" the last place it appears 
and inserting in lieu thereof "employees". 
(13) Section 4326(a) is amended by inserting "have reason-
able access to and the right to interview persons with informa-
tion relevant to the investigation and shall" after "at all reason-
able times,". 
SEC. 312. AMENDMENTS TO TRANSITION RULES AND EFFECTIVE 
DATES. 
(a) REEMPLOYMENT.—Section 8(a) of the Uniformed Services 
Employment and Reemployment Rights Act of 1994 (Public Law 
103-353; 108 Stat. 3175; 38 U.S.C. 4301 note) is amended— 
(1) in paragraph (3), by adding at the end thereof the 
following-: "Any service begun up to 60 days after the date 
of the enactment of this Act, which is served up to 60 days 
after the date of the enactment of this Act pursuant to orders 
issued under section 502(f) of title 32, United States Code, 
shall be considered under chapter 43 of title 38, United States 
Code, as in effect on the day before such date of enactment. 
Any service pursuant to orders issued under such section 502(f) 
served after 60 days after the date of the enactment of this 
Act, regardless of when begun, shall be considered under the 
amendments made by this Act."; and 
(2) in paragraph (4), by striking out "such period" and 
inserting in lieu thereof "such 60-day period". 
(b) INSURANCE.—Section 8(c)(2) of such Act is amended by 
striking out "person on active duty" and inserting in lieu thereof 
"person serving a period of service in the uniformed services". 
38 use 4301 
SEC. 313. EFFECTIVE DATES. 
(a) IN GENERAL.—Except as provided in subsection (b), the 
amendments made by this subtitle shall take effect as of October 
13, 1994. 
(b) REORGANIZED 
TITLE 10 REFERENCES.—The amendments 
made by clause (i), and subclauses (I), (III), and (IV) of clause 
(ii), of section 311(4)(B) shall take effect as of December 1, 1994. 
PUBLIC LAW 104-275—OCT. 9, 1996 
110 STAT. 3337 
TITLE IV—VETERANS LIFE INSURANCE 
PROGRAMS 
Veterans' 
Insurance 
Reform Act of 
1996. 
SEC. 401. SHORT TITLE. 
38 USC 101 note. 
This title may be cited as the "Veterans' Insurance Reform 
Act of 1996". 
SEC. 402. 
MERGER 
OF 
RETIRED 
RESERVE 
SERVICEMEMBERS' 
GROUP 
LIFE 
INSURANCE 
AND 
VETERANS' 
GROUP 
LIFE 
INSURANCE 
AND 
EXTENSION 
OF 
VETERANS' 
GROUP 
LIFE 
INSURANCE 
TO 
MEMBERS 
OF 
THE 
READY 
RESERVE. 
(a) DEFINITIONS.—Section 1965(5) is amended— 
(1) by adding "and" at the end of subparagraph (B); 
(2) by striking out subparagraphs (C) and (D); and 
(3) by redesignating subparagraph (E) as subparagraph 
(C). 
(b) PERSONS INSURED,—Section 1967 is amended— 
(1) in subsection (a)— 
(A) by inserting "and" at the end of paragraph (1); 
(B) by striking out paragraphs (3) and (4); and 
(C) in the matter following paragraph (2), by striking 
out "or the first day a member of the Reserves, whether 
or not assigned to the Retired Reserve of a uniformed 
service, meets the qualifications of section 1965(5)(C) of 
this title, or the first day a member of the Reserves meets 
the qualifications of section 1965(5)(D) of this title,"; and 
(2) by striking out subsection (d). 
(c) DURATION AND TERMINATION OF COVERAGE.—Section 1968 
is amended— 
(1) in subsection (a)— 
(A) by striking out "subparagraph (B), (C), or (D) of 
section 1965(5)" in the matter preceding paragraph (1) 
and inserting in lieu thereof "section 1965(5)(B)"; 
(B) by striking out the period at the end of paragraphs 
(1) and (2) and inserting in lieu thereof a semicolon; 
(C) by striking out the period at the end of paragraph 
(3) and inserting in lieu thereof "; and"; 
(D) in paragraph (4)— 
(i) by striking out "one hundred and twenty days 
after" in the matter preceding subparagraph (A) and 
all that follows through "(A) unless on" and inserting 
in lieu thereof "120 days after separation or release 
from such assignment, unless on"; 
(ii) by striking out "prior to the expiration of one 
hundred and twenty days" and inserting in lieu thereof 
"before the end of 120 days"; 
(iii) by striking out the semicolon after "such 
assignment" and inserting in lieu thereof a period; 
and 
(iv) by striking out subparagraphs (B) and (C); 
and 
(E) by striking out paragraphs (5) and (6); and 
(2) in subsection (b), by striking out the last two sentences. 
(d) DEDUCTIONS.—Section 1969 is amended— 
110 STAT. 3338 
PUBLIC LAW 104-275—OCT. 9, 1996 
(1) in subsection (a)(2), by striking out "is assigned to 
the Reserve (other than the Retired Reserve)" and all that 
follows through "section 1965(5)(D) of this title,"; 
(2) by striking out subsection (e); and 
(3) by redesignating subsections (f) and (g) as subsections 
(e) and (f), respectively. 
38 use 1968 
(e) 
CONVERSION OF S G L I 
TO V G L L — T h e 
Servicemembers' 
•^ote. 
Group Life Insurance of any member of the Retired Reserve of 
a uniformed service shall be converted to Veterans' Group Life 
Insurance effective 90 days after the date of the enactment of 
this Act. 
SEC. 403. CONVERSION OF SGLI AND VGLI TO COMMERCIAL LIFE 
INSURANCE POLICY. 
(a) OPTION TO CONVERT SGLI.—Subsection (b) of section 1968, 
as amended by section 402(c)(2), is amended— 
(1) by inserting "(1)" after "(b)" at the beginning of the 
subsection; 
(2) by striking out "would cease," in the first sentence 
and all that follows through the period at the end of the 
sentence and inserting in lieu thereof "would cease— 
"(A) shall be automatically converted to Veterans' Group 
Life Insurance, subject to (i) the timely payment of the initial 
premium under terms prescribed by the Secretary, and (ii) 
the terms and conditions set forth in section 1977 of this 
title; or 
"(B) at the election of the member, shall be converted 
to an individual policy of insurance as described in section 
1977(e) of this title upon written application for conversion 
made to the participating company selected by the member 
£ind payment of the required premiums."; and 
(3) by designating the second sentence as paragraph (2) 
and in that sentence striking out "Such automatic conversion" 
and inserting in lieu thereof "Automatic conversion to Veterans* 
Group Life Insurance under paragraph (1)". 
(b) VGLI CONVERSION.—Section 1977 is amended— 
(1) in subsection (a)— 
(A) by inserting "(1)" after "(a)"; 
(B) by striking out the last two sentences; and 
(C) by adding at the end the following: 
"(2) If any person insured under Veterans' Group Life Insurance 
again becomes insured under Servicemembers' Group Life Insurance 
but dies before terminating or converting such person's Veterans' 
Group Insurance, Veterans' Group Life Insurance shall be payable 
only if such person is insured for less than $200,000 luider 
Servicemembers' Group Life Insurance, and then only in an amount 
which, when added to the amount of Servicemembers' Group Life 
Insurance payable, does not exceed $200,000."; and 
(2) in subsection (e)— 
(A) in the first sentence, by inserting "at any time" 
after "shall have the right"; and 
(B) by striking out the third sentence and inserting 
in lieu thereof the following: "The Veterans' Group Life 
Insurance policy converted to an individual policy under 
this subsection shall terminate on the day before the date 
on which the individual policy becomes effective.". 
PUBLIC LAW 104-275—OCT. 9, 1996 
110 STAT. 3339 
SEC. 404. INFORMATION TO BE PROVIDED MEMBERS CONCERNING 
AUTOMATIC MAXIMUM COVERAGE OF $200,000 UNDER 
SERVICEMEN'S GROUP LIFE INSURANCE. 
Section 1967, as amended by section 402(b), is further amended 
by inserting sifter subsection (c) the following new subsection (d): 
"(d) Whenever a member has the opportunity to meike an elec-
tion under subsection (a) not to be insured under this subchapter, 
or to be insured under this subchapter in an amount less than 
the maximum amount of $200,000, and at such other times periodi-
cally thereafter as the Secretary concerned considers appropriate, 
the Secretary concerned shall furnish to the member general 
information concerning life insurance. Such information 
shall 
include— 
"(1) the purpose and role of life insurance in financial 
planning; 
"(2) the difference between term life insurance and whole 
life insurance; 
"(3) the availability of commercial life insurance; and 
"(4) the relationship between Servicemembers' Group Life 
Insurance and Veterans' Group Life Insurance.". 
SEC. 406. RENAMING OF SERVICEMEN'S C»OUP LIFE INSURANCE PRO-
GRAM. 
(a) IN GENERAL.—^The program of insurance operated by the 
38 USC1965 
Secretary of Veterans Affairs under subchapter III of chapter 19 »«*«. 
of title 38, United States Code, is hereby redesignated as the 
Servicemembers'Group Ijfe Insurance prc^am. 
Ob) AMENDMENTS TO CHAPTER 19.— Chapter 19 is amended 
asfoUows: 
(1) The following provisions are amended by striking out 
'^rvicemen's Group Life Insurance" each place it appears and 
inserting in lieu thereof "Servicemembers' Group Life Insur-
ance": 
(A) Subsecti(ms (a), (c), and (e) of section 1967. 
(B) Section 1968(b). 
j 
(C)Subsecti(ms(a)throu|^(d)ofsecti(»i 1 9 ^ . 
\ 
(D) Subsections (a), (f), and (g) of section 1970. 
(E)Secti(m 1971(b). 
I 
(F) Section 1973. 
T 
(G) The first sentence of section 1974Ka). 
(H) Subsections (a), (d>, and (g) of section 1977. 
(2XA) The heading of subchapter III is amended to read 
asfoUows: 
I 
"SUBCHAPTER III—SERVICEMEMBERS' GROUP LIFE 
; 
INSURANCE". 
( 
(B) The heading of secticm 1974 is amended to read as 
follows: 
' 
"§1974. Advisory Council on Servicemembers' Group Life 
Insurance". 
(3) The table of sections at tiie beginning of the chapter 
is amended— 
(A) by striking out the item relating to subchapter 
III and inserting in lieu thereof the following: 
110 STAT. 3340 
PUBLIC LAW 104-275—OCT. 9, 1996 
"SUBCHAPTER III—SERVICEMEMBERS' GROUP LIFE INSURANCE"; 
and 
(B) by striking out the item relating to section 1974 
and inserting in lieu thereof the following: 
"1974. Advisory Council on Servicemembers' Group Life Insurance.". 
(c) OTHER CONFORMING AMENDMENTS.—(1) Section 1315(f)(1)(F) 
is amended by striking out "servicemen's" the first place it appears 
and inserting in lieu thereof "servicemembers'". 
(2) Sections 3017(a)(2)(A)(i) and 3224(1) are amended by strik-
ing out "Servicemen's" each place it appears and inserting in lieu 
thereof "Servicemembers'". 
38 use 1965 
(d) REFERENCES.—Any reference to Servicemen's Group Life 
note. 
Insurance or to the Advisory Council on Servicemen's Group Life 
Insurance in any Federal law, Executive order, regulation, delega-
tion of authority, or other document of the Federal Government 
shall be deemed to refer to Servicemembers' Group Life Insurance 
or the Advisory Council on Servicemembers' Group Life Insurance, 
respectively. 
SEC. 406. TECHNICAL AMENDMENT. 
Section 1977(a) is amended by striking out "and (e)" in the 
first and second sentences. 
TITLE V—DEPARTMENT OF VETERANS 
AFFAIRS ADMINISTRATIVE MATTERS 
SEC. 501. REVISION OF AUTHORITY RELATING TO CENTERS FOR 
MINORITY VETERANS AND WOMEN VETERANS. 
(a) SES STATUS OF DIRECTORS.—Sections 317(b) and 318(b) 
are each amended by inserting "career or" before "noncareer". 
(b) ADDITIONAL FUNCTIONS OF CENTER FOR MINORITY VETER-
ANS.—Section 317(d) is amended— 
(1) by redesignating paragraph (10) as paragraph (12); 
and 
(2) by inserting after paragraph (9) the following new para-
graphs (10) and (11): 
"(10) Advise the Secretary and other appropriate officials 
on the effectiveness of the Department's efforts to accomplish 
the goals of section 492B of the Public Health Service Act 
(42 U.S.C. 289a-2) with respect to the inclusion of minorities 
in clinical research and on particular health conditions affecting 
the health of members of minority groups which should be 
studied as part of the Department's medical research program 
and promote cooperation between the Department smd other 
sponsors of medical research of potential benefit to veterans 
who are minorities. 
"(11) Provide support and administrative services to the 
Advisory Committee on Minority Veterans provided for under 
section 544 of this title.". 
(c) DEFINITION OF MINORITY VETERANS.—Section 317 is amend-
ed by adding at the end the following: 
"(g) In this section— 
"(1) The term Veterans who are minorities' means veterans 
who are minority group members. 
PUBLIC LAW 104-275—OCT. 9, 1996 
110 STAT. 3341 
"(2) The term 'minority group member' has the meaning 
given such term in section 544(d) of this title.". 
(d) CLARIFICATION OF FUNCTIONS OF CENTER FOR WOMEN VET-
ERANS.—Section 318(d)(10) is amended by striking out "(relating 
to" and all that follows through "and of" and inserting in lieu 
thereof "(42 U.S.C. 289a-2) with respect to the inclusion of women 
in clinical research and on". 
(e) ADDITIONAL FUNCTIONS OF ADVISORY COMMITTEES.—(1) Sec-
tion 542(b) is amended by inserting ", including the Center for 
Women Veterans" before the period at the end. 
(2) Section 544(b) is amended by inserting ", including the 
Center for Minority Veterans" before the period at the end. 
(f) TERMINATION DATE OF ADVISORY COMMITTEE ON MINORITY 
VETERANS.—Section 544(e) is amended by striking out "December 
31,1997" and inserting in lieu thereof "December 31, 1999". 
SEC. 502. LIMITATION ON CLOTHING ALLOWANCE FOR INCARCER-
ATED VETERANS. 
(a) PRO RATA REDUCTION.—Chapter 53 is simended by inserting 
£ifter section 5313 the following new section: 
" § 5 3 1 3 A . Limitation on payment of clothing allowance to 
incarcerated veterans 
"In the case of a veteran who is incarcerated in a Federal, 
State, or local penal institution for a period in excess of 60 days 
£ind who is furnished clothing without charge by the institution, 
the amount of any annual clothing allowance payable to the veteran 
under section 1162 of this title shall be reduced by an amount 
equal to Vaes of the amount of the allowance otherwise payable 
under that section for each day on which the veteran was so 
incarcerated during the 12-month period preceding the date on 
which pajnnent of the allowance would be due. This section shall Regulations. 
be carried out under regulations prescribed by the Secretary.". 
(b) CLERICAL AMENDMENT.—The table of sections at the begin-
ning of such chapter is amended by inserting after the item relating 
to section 5313 the following new item: 
"5313A. Limitation on payment of clothing allowance to incarcerated veterans.". 
SEC. 503. EXTENSION OF VETERANS' CLAIMS ADJUDICATION COMMIS-
SION. 
(a) EXTENSION OF TIME FOR SUBMISSION OF FINAL REPORT.— 
Section 402(e)(2) of the Veterans' Benefits Improvements Act of 
1994 (Public Law 103-446; 108 Stat. 4661) is amended by striking 
38 USC 5101 
out "Not later than 18 months after such date" emd inserting note. 
in heu thereof "Not later than December 31, 1996". 
(b) FUNDING.—From amounts appropriated to the Department 
of Veterans Affairs for each of fiscal years 1996 and 1997 for 
the payment of compensation and pension, the amount of $75,000 
is hereby made available for the activities of the Veterans' Claims 
Adjudication Commission under title IV of the Veterans' Benefits 
Improvements Act of 1994 (PubHc Law 103-446; 108 Stat. 4659; 
38 U.S.C. 5101 note). 
SEC. 504. PILOT PROGRAM FOR USE OF CONTRACT PHYSICIANS FOR 38 USC 5101 
DISABILITY EXAMINATIONS. 
note. 
(a) AUTHORITY.—The Secretary of Veterans Affairs, acting 
through the Under Secretary for Benefits, may conduct a pilot 
program under this section under which examinations with respect 
110 STAT. 3342 
PUBLIC LAW 104-275—OCT. 9, 1996 
to medical disability of applicants for benefits under laws adminis-
tered by the Secretary that are carried out through the Under 
Secretary for Benefits may be made by persons other than employ-
ees of the Department of Veterans Affairs. Any such examination 
shall be performed pursuant to contracts entered into by the Under 
Secretary for Benefits with those persons. 
(b) LIMITATION.—The Secretary may carry out the pilot program 
under this section through not more than 10 regional offices of 
the Department of Veterans Affairs. 
(c) SOURCE OF FUNDS.—Payments for contracts under the pilot 
program under this section shall be made from amounts available 
to the Secretary of Veterans Affairs for payment of compensation 
and pensions. 
(d) REPORT TO CONGRESS.—Not later than three years after 
the date of the enactment of this Act, the Secretary shall submit 
to the Congress a report on the effect of the use of the authority 
provided by subsection (a) on the cost, timeliness, and thoroughness 
of medical disability examinations. 
SEC. 505. EXPANSION OF PERIOD OF VIETNAM ERA FOR CERTAIN VET-
ERANS. 
(a) IN GENERAL.—Paragraph (29) of section 101 is amended 
to read as follows: 
"(29) The term 'Vietnam era' means the following: 
"(A) The period beginning on February 28, 1961, and ending 
on May 7, 1975, in the case of a veteran who served in the 
Republic of Vietnam during that period. 
"(B) The period beginning on August 5, 1964, and ending 
on May 7, 1975, in all other cases.". 
(b) 
LIMITED EXPANSION FOR SPECIFIC COMPENSATION PUR-
POSES.—(1) Paragraphs (1)(B) and (3) of section 1116(a) are each 
amended by striking out "during the Vietnam era" and inserting 
in lieu thereof "during the period beginning on January 9, 1962, 
and ending on May 7, 1975,". 
(2) Paragraphs (1)(A), (2)(C), (2)(E), (2)(F), and (4) of such 
section are amended by striking out "during the Vietnam era" 
and inserting in lieu thereof "during the period beginning on Janu-
ary 9,1962, and ending on May 7, 1975". 
(c) 
LIMITED EXPANSION FOR SPECIFIC HEALTH CARE 
PUR-
POSES.—(1) The provision stipulated in paragraph (2) is amended— 
(A) in clause (i), by striking out "during the Vietnam era," 
and inserting in lieu thereof "during the period beginning on 
January 9, 1962, and ending on May 7, 1975,"; and 
(B) in clause (ii), by striking out "such era" and inserting 
in lieu thereof "such period". 
(2) The provision referred to in paragraph (1)— 
(A) if the Veterans' Health Care Eligibility Reform Act 
of 1996 is enacted as a measure of the One Hundred Fourth 
Congress, is paragraph (4)(A) of section 1710(e) of title 38, 
United States Code, as added by section 102 of such Act; 
and 
(B) if such Act is not enacted as a measure of the One 
Hundred Fourth Congress, is paragraph (1)(A) of section 1710(e) 
of such title. 
38 use 101 note. 
(d) EFFECTIVE DATE.—The amendments made by this section 
shall take effect on January 1, 1997. No benefit may be paid 
PUBLIC LAW 104-275—OCT. 9, 1996 
110 STAT. 3343 
or provided by reason of such amendments for any period before 
such date. 
SEC. 506. PAYMENT OF BENEFIT TO SURVIVING SPOUSE FOR MONTH 
IN WHICH VETERAN DIES. 
(a) BENEFIT FOR MONTH OF DEATH.—Section 5310 is amended— 
(1) by inserting "(a)" before "If, in accordance with"; and 
(2) by adding at the end the following: 
"(b)(1) If the surviving spouse of a veteran who was in receipt 
of compensation or pension at the time of death is not entitled 
to death benefits under chapter 11, 13, or 15 of this title for 
the month in which the veteran's death occurs, that surviving 
spouse shall be entitled to a benefit for that month in the amount 
of benefits the veteran would have received under chapter 11 or 
15 of this title for that month but for the death of the veteran. 
"(2) If (notwithstanding section 5112(b)(1) of this title) a check 
or other payment is issued to, and in the name of, the deceased 
veteran as a benefit payment under chapter 11 or 15 of this title 
for the month in which death occurs, that check or other payment 
(A) shall be treated for all purposes as being payable to the surviv-
ing spouse, and (B) if that check or other payment is negotiated 
or deposited, shall be considered to be the benefit to which the 
surviving spouse is entitled under this paragraph. However, if such 
check or other payment is in an amount less than the amount 
of the benefit under paragraph (1), the unpaid amount shall be 
treated in the same manner as an accrued benefit under section 
5121 of this title.". 
(b) EFFECTIVE DATE.—The amendments made by this section 38USC53io 
shall apply with respect to the death of compensation and pension note. 
recipients occurring after December 31, 1996. 
SEC. 507. INCREASE IN PERIOD FOR WHICH ACCRUED BENEFITS PAY-
ABLE. 
Subsection (a) of section 5121 is amended by striking out "one 
year" in the matter preceding paragraph (1) and inserting in lieu 
thereof "two years". 
SEC. 508. APPOINTMENT OF VETERANS SERVICE ORGANIZATIONS AS 
CLAIMANTS' REPRESENTATIVES. 
(a) 
POWER 
OF ATTORNEY 
NAMING A VETERANS 
SERVICE 
ORGANIZATION.—Section 5902 is amended— 
(1) by redesignating subsection (c) as subsection (d); and 
(2) by inserting after subsection (b) the following new sub-
section (c): 
"(c)(1) Unless a claimant specifically indicates in a power of 
attorney filed with the Department a desire to appoint only a 
recognized representative of an organization listed in or approved 
under subsection (a), the Secretary may, for any purpose, treat 
the power of attorney naming such an organization, a specific 
office of such an organization, or a recognized representative of 
such an organization as the claimant's representative as an appoint-
ment of the entire organization as the claimant's representative. 
"(2) Whenever the Secretary is required or permitted to notify 
a claimant's representative, and the claimant has named in a power 
of attorney an organization listed in or approved under subsection 
(a), a specific office of such an organization, or a recognized rep-
resentative of such an organization without specifically indicating 
a desire to appoint only a recognized representative of the organiza-
110 STAT. 3344 
PUBLIC LAW 104-275—OCT. 9, 1996 
tion, the Secretary shall notify the organization at the address 
designated by the organization for the purpose of receiving the 
notification concerned. . 
38 use 5902 
(b) APPLICABILITY.—The amendments made by this section 
note. 
apply to any power of attorney filed with the Department of Veter-
ans Affairs, regardless of the date of its execution. 
SEC. 509. PROVISION OF COPIES OF BOARD OF VETERANS' APPEALS 
DECISIONS. 
Subsection (e) of section 7104 is amended to read as follows: 
"(e)(1) After reaching a decision on a case, the Board shall 
promptly mail a copy of its written decision to the claimant at 
the last known address of the claimant. 
"(2) If the claimant has an authorized representative, the Board 
shall— 
"(A) mail a copy of its written decision to the authorized 
representative at the last known address of the authorized 
representative; or 
"(B) send a copy of its written decision to the authorized 
representative by any means reasonably likely to provide the 
authorized representative with a copy of the decision within 
the same time a copy would be expected to reach the authorized 
representative if sent by first-class mail.". 
SEC. 510. LIMITATION ON RELOCATION OR REDUCTION IN STAFFING 
OF CERTAIN ELEMENTS OF THE EDUCATION SERVICE OF 
THE VETERANS BENEFITS ADMINISTRATION. 
No funds available to the Department of Veterans Affairs may 
be obligated or expended before January 1, 1998, to relocate any 
function of, or to reduce the number of personnel assigned to, 
any of the following elements of the Vetereins Benefits Administra-
tion of the Department of Veterans Affairs: 
(1) The Office of Education Procedures Systems. 
(2) The Office of Education Operations. 
(3) The Office of Education Policy and Program Administra-
tion. 
TITLE VI—OTHER MATTERS 
SEC. 601. EXTENSION OF CERTAIN AUTHORITIES FOR SERVICES FOR 
HOMELESS VETERANS. 
(a) AUTHORITY FOR COMMUNITY-BASED RESIDENTIAL CARE FOR 
HOMELESS CHRONICALLY MENTALLY I I I VETERANS AND OTHER VET-
ERANS.—Section 115(d) of the Veterans' Benefits and Services Act 
of 1988 (38 U.S.C. 1712 note) is amended by striking out "December 
31, 1997" and inserting in lieu thereof "December 31, 1998". 
(b) AUTHORIZATIONS OF APPROPRIATIONS FOR HOMELESS VETER-
ANS REINTEGRATION PROJECTS.—Section 738(e)(1) of the Stewart 
B. McRinney Homeless Assistance Act (42 U.S.C. 11448(e)(1)) is 
amended by adding at the end the following: 
"(E) $10,000,000 for fiscal year 1997. 
"(F) $10,000,000 for fiscal year 1998.". 
SEC. 602. REPAIR AND LONG-TERM MAINTENANCE OF WAR MEMORI-
ALS. 
(a) REPAIR AND LONG-TERM MAINTENANCE OF WAR MEMORI-
ALS.—Section 5(b)(2) of the Act entitled "An Act for the creation 
PUBLIC LAW 104-275—OCT. 9, 1996 
110 STAT. 3345 
of an American Battle Monuments Commission to erect suitable 
memorials commemorating the services of the American soldier 
in Europe, and for other purposes", approved March 4, 1923 (36 
U.S.C. 125(b)(2)), is amended— 
(1) by inserting "(A)" after "(2)"; and 
(2) by adding at the end the following: 
"(B) In assuming responsibility for a war memorial under para-
graph (1), the Commission may enter into arrangements with the 
sponsors of the memorial to provide for the repair or long-term 
maintenance of the memorial. Any funds transferred to the Commis-
sion for the purpose of this subparagraph shall, in lieu of subpara-
graph (A), be deposited by the Commission in the fund established 
by paragraph (3). 
"(3)(A) There is established in the Treasury a fund which shall 
be available to the Commission for expenses for the maintenance 
and repair of memorials with respect to which the Commission 
enters into arrangements under paragraph (2)(B). The fund shall 
consist of (i) amounts deposited, and interest and proceeds credited, 
under subparagraph (B), and (ii) obligations obtained under 
subparagraph (C). 
"(B) The Commission shall deposit in the fund such amounts 
from private contributions as may be accepted under paragraph 
(2)(B). The Secretary of the Treasury shall credit to the fund the 
interest on, and the proceeds from sale or redemption of, obligations 
held in the fund. 
"(C) The Secretary of the Treasury shall invest any portion 
of the fund that, as determined by the Commission, is not required 
to meet current expenses. Each investment shall be made in an 
interest bearing obligation of the United States or an obligation 
guaranteed as to principal and interest by the United States that, 
as determined by the Commission, has a maturity suitable for 
the fund. 
"(D) The Commission shall separately account for all moneys 
deposited in and expended from the fund with respect to each 
war memorial for which an arrangement for the repair or long-
term maintenance of the memorial is entered to under paragraph 
(2)(B).". 
(b) ACCOUNTING PROCEDURES RELATING TO RECEIPT AND 
EXPENDITURE OF CONTRIBUTIONS.—Such Act is further amended 
by adding at the end the following new section: 
"SEC. 14. (a) The Commission shall have a system of financial 
36USCl38d. 
controls to enable the Commission to comply with the requirements 
of subsection (b) and section 5(b)(3)(D). 
"(b) The Commission shall— 
"(1) by March 1 of each year (beginning with 1998)— 
"(A) prepare a financial statement which covers all 
accounts and associated activities of the Commission for 
the preceding fiscal year and is consistent with the require-
ments of section 3515 of title 31, United States Code; 
and 
"(B) submit the financial statement, together with a 
narrative summary, to the Committees on Veterans' Affairs 
of the Senate and House of Representatives; and 
"(2) obtain an audit by the Comptroller General of the 
United States of each financial statement prepared under para-
graph (1)(A), which shall be conducted in accordance with 
110 STAT. 3346 
PUBLIC LAW 104-275—OCT. 9, 1996 
applicable generally accepted government auditing standards 
and shall be in lieu of any audit otherwise required by law. 
"(c) The Commission may not obligate, withdraw, or expend 
funds received as contributions before March 1, 1998.". 
3
8 use 5
4
5 n
o
t
e TITLE VII—COMMISSION ON SERVICE-
MEMBERS AND VETERANS TRANSI-
TION ASSISTANCE 
SEC. 701. ESTABLISHMENT OF COMMISSION. 
(a) ESTABLISHMENT.—There is established a commission to be 
known as the Commission on Servicemembers and Veterans Transi-
tion Assistance (hereafter in this title referred to as the "Commis-
sion"). 
(b) MEMBERSHIP.—(1) The Commission shall be composed of 
12 members appointed from among private United States citizens 
with appropriate and diverse experiences, expertise, and historical 
perspectives on veterans, military, organizational, and management 
matters. The members shall be appointed as follows: 
(A) Four shall be appointed jointly by the chairman and 
ranking minority member of the Committee on Veterans' Affairs 
of the House of Representatives. 
(B) Four shall be appointed jointly by the chairman and 
r£m.king minority member of the Committee on Veterans' Affairs 
of the Senate. 
(C) Two shall be appointed jointly by the chairman and 
ranking minority member of the Committee on National Secu-
rity of the House of Representatives. 
(D) Two shall be appointed jointly by the chairman and 
ranking minority member of the Committee on Armed Services 
of the Senate. 
(2)(A) One member of the Commission appointed under each 
of subparagraphs (A) and (B) of paragraph (1) shall be a representa-
tive of a veterans service organization. 
(B) To the maximum extent practicable, the individuals 
appointed under paragraph (1) as members of the Commission 
shall be veterans. 
(C) Not more than seven of the members of the Commission 
may be members of the same political party. 
(3) In addition to the members appointed under paragraph 
(1), the following shall be nonvoting members of the Commission: 
(A) The Under Secretary for Benefits of the Department 
of Veterans Affairs. 
(B) The Assistant Secretary of Defense for Force Manage-
ment and Personnel. 
(C) The Assistant Secretary of Labor for Veterans' Employ-
ment and Training. 
(4) The appointments of members of the Commission shall, 
to the maximum extent practicable, be made after consultation 
with representatives of veterans service organizations. 
(5) The appointments of the members of the Commission shall 
be made not later than 45 days after the date of the enactment 
of this Act. 
(c) PERIOD OF APPOINTMENT; VACANCIES.—Members shall be 
appointed for the life of the Commission. Any vacsmcy in the 
PUBLIC LAW 104-275—OCT. 9, 1996 
110 STAT. 3347 
Commission shall not affect its powers, but shall be filled in the 
same manner as the original appointment. 
(d) INITIAL MEETING.—Not later than 30 days after the date 
on which all members of the Commission have been appointed 
under subsection (b)(1), the Commission shall hold its first meeting. 
(e) QUORUM.—^A majority of the members of the Commission 
shall constitute a quorum, but a lesser number may hold hearings. 
(f) CHAIRMAN AND VICE CHAIRMAN.—The Commission shall 
select a chairman and vice chairman fi'om among its members. 
(g) MEETINGS.—The Commission shall meet at the call of the 
chairman of the Commission. 
(h) PANELS.—The Commission may establish panels composed 
of less than the full membership of the Commission for the purpose 
of carrying out the Commission's duties. The actions of such panels 
shall be subject to the review £ind control of the Commission. 
Any findings and determinations made by such a panel shall not 
be considered the findings and determinations of the Commission 
unless approved by the Commission. 
(i) AUTHORITY OF INDIVIDUALS TO ACT FOR COMMISSION.—Any 
member or agent of the Commission may, if authorized by the 
Commission, take any action which the Commission is authorized 
to take under this title. 
SEC. 702. DUTIES OF COMMISSION. 
(a) IN GENERAL.—The Commission shall— 
(1) review the adequacy and effectiveness of veterans 
transition assistance and benefits programs in providing assist-
ance to members of the Armed Forces in making the transition 
£ind adjustment to civilian life; 
(2) review the allocation under law of responsibility for 
the administration of veterans transition assistance and bene-
fits programs among the various departments and agencies 
of the Government and determine the feasibility and desirabil-
ity of consolidating such administration; 
(3) evaluate proposals for improving such programs, includ-
ing proposals for alternative means of providing services deliv-
ered by such programs; and 
(4) make recommendations to Congress regarding the need 
for improvements in such programs. 
(b) REVIEW OF PROGRAMS TO ASSIST MEMBERS OF THE ARMED 
FORCES AT SEPARATION.—(1) While canning out the general duties 
specified in subsection (a), the members of the Commission 
appointed under subparagraphs (C) and (D) of section 701(b)(1) 
and the member specified in subparagraph (B) of section 701(b)(3) 
shall review primarily the programs intended to assist members 
of the Armed Forces at the time of their separation fi*om service 
in the Armed Forces, including programs designed to assist families 
of such members. 
(2) In carrjdng out the review, those members of the Commis-
sion shall determine the following: 
(A) The adequacy of the programs referred to in paragraph 
(1) for their purposes. 
(B) The adequacy of the support of the Armed Forces 
for such programs. 
(C) The adequacy of funding levels for such programs. 
(D) The effect, if any, of the existence of such programs 
on military readiness. 
110 STAT. 3348 
PUBLIC LAW 104-275—OCT. 9, 1996 
(E) The extent to which such programs provide members 
of the Armed Forces with job-search skills. 
(F) The extent to which such programs prepare such mem-
bers for employment in the private sector and in the public 
sector. 
(G) The effectiveness of such programs in assisting such 
members in finding emplo5niient in the public sector upon their 
sepgiration from service. 
(H) The ways in which such programs could be improved. 
(3) In carrying out the review, the Commission shall make 
use of previous studies which have been made of such programs. 
(c) REVIEW OF PROGRAMS TO ASSIST VETERANS.—(1) While 
carrying out the general duties specified in subsection (a), the 
members of the Commission appointed under subparagraphs (A) 
and (B) of section 701(b)(1) and the members specified in subpara-
graphs (A) £ind (C) of section 701(b)(3) shall review the following 
programs: 
(A) Educational assistance programs. 
(B) Job counseling, job training, and job placement services 
programs. 
(C) Rehabilitation and training programs. 
(D) Housing loan programs. 
(E) Small business loan and small business assistance pro-
grams. 
(F) Employment and emplo3anent training programs for 
emplo3nnent in the public sector and the private sector, includ-
ing employer training programs and union apprenticeship pro-
grams. 
(G) Government personnel policies (including veterans' 
preference policies) and the enforcement of such policies. 
(H) Programs that prepare the families of members of 
the Armed Forces for their transition fi*om military life to 
civilian life and facilitate that transition. 
(2) In carrying out the review, such members of the Commission 
shall determine the following: 
(A) The adequacy of the programs referred to in paragraph 
(1) for their purposes. 
(B) The adequacy of the support of the Department of 
Veterans Affairs for such programs. 
(C) The adequacy of funding levels for such programs. 
(D) The extent to which such programs provide veterans 
with job-search skills. 
(E) The extent to which such programs prepare veterans 
for employment in the private sector £ind in the public sector. 
(F) The effectiveness of such programs in assisting veterans 
in finding emplo5nnent in the public sector upon their separa-
tion fi-om service. 
(G) The ways in which such programs could be improved. 
(d) REPORTS.—(1) Not later than 90 days after the date on 
which all members of the Commission have been appointed under 
section 701(b)(1), the Commission shall submit to the Committees 
on Veterans' Affairs and Armed Services of the Senate and the 
Committees on Veterans' Affairs and National Security of the House 
of Representatives a report setting forth a plan for the work of 
the Commission. The Commission shall develop the plan in con-
sultation with the Secretary of Defense, the Secretary of Veterans 
PUBLIC LAW 104-275—OCT. 9, 1996 
110 STAT. 3349 
Affairs, the Secretary of Labor, and the heads of other appropriate 
departments and agencies of the Government. 
(2)(A) Not later than 18 months after the date of the first 
meeting of the Commission, the Commission shall submit to the 
committees referred to in paragraph (1), and to the Secretary of 
Defense, the Secretary of Veterans Affairs, and the Secretary of 
Labor, a report setting forth the activities, findings, and rec-
ommendations of the Commission, including any recommendations 
for legislative action and administrative action as the Commission 
considers appropriate. 
(B) Not later than 90 days after receiving the report referred 
to in subparagraph (A), the Secretary of Defense, the Secretary 
of Veterans Affairs, and the Secretary of Labor shall jointly transmit 
the report to Congress, together with the Secretaries' comments 
on the report. 
SEC. 703. POWERS OF COMMISSION. 
(a) HEARINGS.—The Commission may hold such hearings, sit 
and act at such times and places, take such testimony, and receive 
such evidence as the Commission considers advisable to carry out 
the purposes of this title. 
(b) INFORMATION FROM FEDERAL AGENCIES.—The Commission 
may secure directly from the Department of Defense, the Depart-
ment of Veterans Affairs, and any other department or agency 
of the Government such information as the Commission considers 
necessary to carry out its duties under this title. Upon request 
of the chairman of the Commission, the head of such department 
or agency shall furnish such information expeditiously to the 
Commission. 
SEC. 704. MISCELLANEOUS ADMINISTRATIVE PROVISIONS. 
(a) POSTAL SERVICES.—The Commission may use the United 
States mails in the same manner and under the same conditions 
as other departments and agencies of the Government. 
(b) GIFTS.—The Commission may accept, use, euid dispose of 
gifts or donations of services or property. 
(c) MISCELLANEOUS ADMINISTRATIVE SUPPORT.—The Secretary 
of Defense, the Secretary of Veterans Affairs, and the Secretary 
of Labor shall, upon the request of the chairman of the Commission, 
furnish the Commission, on a reimbursable basis, any administra-
tive and support services as the Commission may require. 
SEC. 705. COMMISSION PERSONNEL MATTERS. 
(a) COMPENSATION OF MEMBERS.—Each member of the Commis-
sion may be compensated at a rate equal to the daily equivalent 
of the annual rate of basic pay prescribed for level IV of the 
Executive Schedule under section 5315 of title 5, United States 
Code, for each day (including travel time) during which such mem-
ber is engaged in performing the duties of the Commission. 
(b) TRAVEL AND TRAVEL EXPENSES.—(1) Members and personnel 
of the Commission may travel on military aircraft, military vehicles, 
or other military conveyances when travel is necessary in the 
performance of a duty of the Commission except when the cost 
of commercial transportation is less expensive. 
(2) The members of the Commission may be allowed travel 
expenses, including per diem in lieu of subsistence, at rates author-
ized for employees of agencies under subchapter I of chapter 57 
of title 5, United States Code, while away from their homes or 
110 STAT. 3350 
PUBLIC LAW 104-275—OCT. 9, 1996 
regular places of business in the performance of services for the 
Commission. 
(c) STAFF.—(1) The chairman of the Commission may, without 
regard to civil service laws and regulations, appoint and terminate 
an executive director and up to five additional staff members as 
may be necessary to enable the Commission to perform its duties. 
In appointing an individual as executive director, the chairman 
shall, to the maximum extent practicable, attempt to appoint an 
individual who is a veteran. The employment of an executive direc-
tor shall be subject to confirmation by the Commission. 
(2) The chairman of the Commission may fix the compensation 
of the executive director and other personnel without regard to 
the provisions of chapter 51 and subchapter III of chapter 53 
of title 5, United States Code, relating to classification of positions 
and General Schedule pay rates, except that the rate of pay for 
the executive director and other staff members may not exceed 
the rate payable for level V of the Executive Schedule under section 
5316 of such title. 
(d) DETAIL OF GOVERNMENT EMPLOYEES.—Upon request of the 
chairman of the Commission, the head of any department or agency 
of the Government may detail, on a nonreimbursable basis, any 
personnel of the department or agency to the Commission to assist 
the Commission in carr5dng out its duties. 
(e) PROCUREMENT OF TEMPORARY AND INTERMITTENT SERV-
ICES.—The chairman of the Commission may procure temporary 
and intermittent services under section 3109(b) of title 5, United 
States Code, at rates for individuals which do not exceed the daily 
equivalent of the annual rate of basic pay prescribed for level 
IV of the Executive Schedule under section 5316 of such title. 
SEC. 706. TERMINATION OF COMMISSION. 
The Commission shall terminate 90 days after the date on 
which it submits its report under section 702(d)(2). 
SEC. 707. DEFINITIONS. 
For the purposes of this title: 
(1) The term 'Veterans transition assistance and benefits 
program" means any program of the Government the purpose 
of which is— 
(A) to assist, by rehabilitation or other means, members 
of the Armed Forces in readjusting or otherwise making 
the transition to civilian life upon their separation fi*om 
service in the Armed Forces; or 
(B) to assist veterans in making the transition to 
civilian life. 
(2) The term "Armed Forces" has the meaning given such 
term in section 101(10) of title 38, United States Code. 
(3) The term 'Veteran" has the meaning given such term 
in section 101(2) of title 38, United States Code. 
(4) The term 'Veterans service organization" means any 
organization covered by section 5902(a) of title 38, United States 
Code. 
SEC. 708. FUNDING. 
(a) IN GENERAL.—The Secretary of Defense shall, upon the 
request of the chairman of the Commission, make available to 
the Commission such amounts as the Commission may require 
to carry out its duties under this title. The Secretary shall maike 
PUBLIC LAW 104-275—OCT. 9, 1996 
110 STAT. 3351 
such amounts available from amounts appropriated for the Depart-
ment of Defense, except that such amounts may not be from 
amounts appropriated for the transition assistance program (TAP), 
the Army career alumni program (ACAP), or any similar program. 
(b) AVAILABILITY.—^Any sums made available to the Commission 
under subsection (a) shall remain available, without fiscal year 
limitation, until the termination of the Commission. 
Approved October 9, 1996. 
LEGISLATIVE HISTORY—S. 1711: 
SENATE REPORTS: No. 104-371 (Comm. on Veterans' Affairs). 
CONGRESSIONAL RECORD, Vol. 142 (1996): 
Sept. 28, considered and passed Senate and House. 
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 32 (1996): 
Oct. 9, Presidential statement.