[Congressional Bills 104th Congress]
[From the U.S. Government Printing Office]
[S. 1711 Enrolled Bill (ENR)]
S.1711
One Hundred Fourth Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Wednesday,
the third day of January, one thousand nine hundred and ninety-six
An Act
To amend title 38, United States Code, to improve the benefits programs
administered by the Secretary of Veterans Affairs, to provide for a
study of the Federal programs for veterans, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,

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(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:

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TITLE I

-EDUCATION BENEFITS

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of Army and Air National Guard.
Subtitle A--Housing

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housing loan pilot program.
Subtitle B--Memorial Affairs

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TITLE II

-HOUSING AND MEMORIAL AFFAIRS

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Subtitle A--Veterans' Employment and Training

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TITLE III

-EMPLOYMENT AND TRAINING

veterans' employment representatives.
Subtitle B--Technical Amendments Relating to the Uniformed Services
Employment and Reemployment Rights Act of 1994

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and Veterans' Group Life Insurance and extension of Veterans'
Group Life Insurance to members of the Ready Reserve.

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TITLE IV

-VETERANS LIFE INSURANCE PROGRAMS

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maximum coverage of $200,000 under Servicemen's Group Life
Insurance.

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TITLE V

-DEPARTMENT OF VETERANS AFFAIRS ADMINISTRATIVE MATTERS

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elements of the Education Service of the Veterans Benefits
Administration.

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TITLE VI

-OTHER MATTERS

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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.

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TITLE VII

-COMMISSION ON SERVICEMEMBERS AND VETERANS TRANSITION

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--
(1) in paragraph (1)(A)(i), by striking out ``which is'' and
all that follows through ``chapter 11 of this title and'' and
inserting in lieu thereof ``rated at 20 percent or more'';
(2) in paragraph (2)(A), by striking out ``which is'' and all
that follows through ``chapter 11 of this title and'' and inserting
in lieu thereof ``rated at 10 percent''; and
(3) by amending paragraph (2)(B) to read as follows:
``(B) is determined by the Secretary to be in need of
rehabilitation because of a serious employment handicap.''.
(c) Periods of Eligibility.--Section 3103 is amended--
(1) in subsection (b)(3), by striking out ``described in
section 3102(1)(A)(i) of this title'' and inserting in lieu thereof
``rated at 10 percent or more'';
(2) in subsection (c)--
(A) in the matter preceding paragraph (1), by striking out
``particular'' and inserting in lieu thereof ``current''; and
(B) in paragraph (2), by striking out ``veteran's
employment'' and inserting in lieu thereof ``veteran's current
employment''; and
(3) in subsection (d), by striking out ``under this chapter''
and inserting in lieu thereof ``in accordance with the provisions
of section 3120 of this title''.
(d) Scope of Services and Assistance.--Section 3104 is amended--
(1) in subsection (a)--
(A) in paragraph (1)--
(i) by striking out ``such veteran's disability or
disabilities cause'' and inserting in lieu thereof ``the
veteran has an employment handicap or''; and
(ii) by inserting ``reasonably'' after ``goal is'';
(B) in paragraph (7)(A)--
(i) by striking out ``(i)''; and
(ii) by striking out ``, and (ii)'' and all that
follows through ``such Act''; and
(C) in paragraph (12), by striking out ``For the most
severely disabled veterans requiring'' and inserting in lieu
thereof ``For veterans with the most severe service-connected
disabilities who require''; and
(2) by striking out subsection (b) and redesignating subsection
(c) as subsection (b).
(e) Duration of Rehabilitation Programs.--Paragraph (1) of section
3105(c) is amended by striking out ``veteran's employment'' and
inserting in lieu thereof ``veteran's current employment''.
(f) Initial and Extended Evaluations; Determinations Regarding
Serious Employment Handicap.--(1) Section 3106 is amended--
(A) in subsection (a), by striking out ``described in clause
(i) or (ii) of section 3102(1)(A) of this title'' and inserting in
lieu thereof ``rated at 10 percent or more'';
(B) in subsection (b), by striking out ``counseling in
accordance with'';
(C) in subsection (c), by striking out ``with extended'' and
inserting in lieu thereof ``with an extended''; and
(D) by redesignating subsections (d) and (e) as subsections (e)
and (f), respectively, and inserting after subsection (c) the
following new subsection:
``(d) In any case in which the Secretary has determined that a
veteran has a serious employment handicap and also determines,
following such initial and any such extended evaluation, that
achievement of a vocational goal currently is not reasonably feasible,
the Secretary shall determine whether the veteran is capable of
participating in a program of independent living services and
assistance under section 3120 of this title.''.
(2) Chapter 31 is amended--
(A) in section 3107(c)(2), by striking out ``3106(e)'' and
inserting in lieu thereof ``3106(f)'';
(B) in section 3109, by striking out ``3106(d)'' and inserting
in lieu thereof ``3106(e)'';
(C) in section 3118(c), by striking out ``3106(e)'' and
inserting in lieu thereof ``3106(f)''; and
(D) in section 3120(b), by striking out ``3106(d)'' and
inserting in lieu thereof ``3106(d) or (e)''.
(g) Allowances.--Section 3108 is amended--
(1) in subsection (a)(2), by striking out ``following the
conclusion of such pursuit'' and inserting in lieu thereof ``while
satisfactorily following a program of employment services provided
under section 3104(a)(5) of this title''; and
(2) in subsection (f)(1)--
(A) in subparagraph (A)--
(i) by inserting ``eligible for and'' after ``veteran
is'';
(ii) by striking out ``chapter 30 or 34'' and inserting
in lieu thereof ``chapter 30''; and
(iii) by striking out ``either chapter 30 or chapter
34'' and inserting in lieu thereof ``chapter 30''; and
(B) in subparagraph (B), by striking out ``chapter 30 or
34'' and inserting in lieu thereof ``chapter 30''.
(h) Employment Assistance.--Paragraph (1) of section 3117(a) is
amended by inserting ``rated at 10 percent or more'' after
``disability''.
(i) Program of Independent Living Services and Assistance.--Section
3120 is amended--
(1) in subsection (b), by striking out ``service-connected
disability described in section 3102(1)(A)'' and inserting in lieu
thereof ``serious employment handicap resulting in substantial part
from a service-connected disability described in section
3102(1)(A)(i)''; and
(2) in subsection (d), by striking out ``and (b)''.
(j) Effective Date.--(1) Except as provided in paragraph (2), the
amendments made by this section shall take effect on the date of the
enactment of this Act.
(2) The amendments made by subsection (a) (other than paragraph
(2)), subsection (d) (other than subparagraphs (A) and (B) of paragraph
(1)), and subsection (i) shall only apply with respect to claims of
eligibility or entitlement to services and assistance (including claims
for extension of such services and assistance) under chapter 31 of
title 38, United States Code, received by the Secretary of Veterans
Affairs on or after the date of the enactment of this Act, including
those claims based on original applications, and applications seeking
to reopen, revise, reconsider, or otherwise adjudicate or readjudicate
on any basis claims for services and assistance under such chapter.

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PROGRAMS.
Subsection (c) of section 3452 is amended by striking out ``For the
period ending on September 30, 1996, such'' and inserting in lieu
thereof ``Such''.

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(a) In General.--(1) Chapter 36 is amended--
(A) by striking out section 3689; and
(B) by striking out the item relating to section 3689 in the
table of sections at the beginning of such chapter.
(2) Subparagraph (C) of section 3680A(d)(2) is amended by striking
out ``3689(b)(6) of this title'' and inserting in lieu thereof
``subsection (g)''.
(b) Disapproval of Enrollment in Certain Courses.--Section 3680A is
amended by adding after subsection (d) the following new subsections:
``(e) The Secretary may not approve the enrollment of an eligible
veteran in a course not leading to a standard college degree offered by
a proprietary profit or proprietary nonprofit educational institution
if--
``(1) the educational institution has been operating for less
than two years;
``(2) the course is offered at a branch of the educational
institution and the branch has been operating for less than two
years; or
``(3) following either a change in ownership or a complete move
outside its original general locality, the educational institution
does not retain substantially the same faculty, student body, and
courses as before the change in ownership or the move outside the
general locality (as determined in accordance with regulations the
Secretary shall prescribe) unless the educational institution
following such change or move has been in operation for at least
two years.
``(f) The Secretary may not approve the enrollment of an eligible
veteran in a course as a part of a program of education offered by an
educational institution if the course is provided under contract by
another educational institution or entity and--
``(1) the Secretary would be barred under subsection (e) from
approving the enrollment of an eligible veteran in the course of
the educational institution or entity providing the course under
contract; or
``(2) the educational institution or entity providing the
course under contract has not obtained approval for the course
under this chapter.
``(g) Notwithstanding subsections (e) and (f), the Secretary may
approve the enrollment of an eligible veteran in a course approved
under this chapter if the course is offered by an educational
institution under contract with the Department of Defense or the
Department of Transportation and is given on or immediately adjacent to
a military base, Coast Guard station, National Guard facility, or
facility of the Selected Reserve.''.
(c) Approval of Accredited Courses.--Subsection (b) of section 3675
is amended to read as follows:
``(b) As a condition of approval under this section, the State
approving agency must find the following:
``(1) The educational institution keeps adequate records, as
prescribed by the State approving agency, to show the progress and
grades of the eligible person or veteran and to show that
satisfactory standards relating to progress and conduct are
enforced.
``(2) The educational institution maintains a written record of
the previous education and training of the eligible person or
veteran that clearly indicates that appropriate credit has been
given by the educational institution for previous education and
training, with the training period shortened proportionately.
``(3) The educational institution and its approved courses meet
the criteria of paragraphs (1), (2), and (3) of section 3676(c) of
this title.''.

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INDEPENDENT STUDY.
(a) Veterans' Educational Assistance Program.--Subsection (f) of
section 3482 is amended by striking out ``in part''.
(b) Survivors' and Dependents' Educational Assistance.--Section
3523 is amended--
(1) in subsection (a)(4), by inserting ``(including open
circuit television)'' after ``independent study program'' the
second place it appears; and
(2) in subsection (c), by striking out ``radio'' and all that
follows through the end and inserting in lieu thereof ``radio.''.
(c) Administration of Educational Benefits.--Subsection (c) of
section 3680A is amended by striking out ``radio'' and all that follows
through the end and inserting in lieu thereof ``radio.''.

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(a) Chapter 30.--Section 3032 is amended by striking out subsection
(d) and redesignating subsections (e) and (f) as subsections (d) and
(e), respectively.
(b) Chapter 32.--Section 3231 is amended by striking out subsection
(d) and redesignating subsections (e) and (f) as subsections (d) and
(e), respectively.
(c) Chapter 35.--Subsection (b) of section 3532 is amended by
striking out ``$327'' and inserting in lieu thereof ``$404''.
(d) Chapter 1606.--Section 16131 of title 10, United States Code,
is amended--
(1) by striking out subsection (e) and redesignating
subsections (f), (g), (h), (i), and (j) as subsections (e), (f),
(g), (h), and (i), respectively; and
(2) in subsection (b)(1), by striking out ``(g)'' and inserting
in lieu thereof ``(f)''.

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BILL.
(a) In General.--Subchapter II of chapter 30 is amended by
inserting after section 3018B the following new section:
``Sec. 3018C. Opportunity for certain VEAP participants to enroll
``(a) Notwithstanding any other provision of law, an individual
who--
``(1) is a participant on the date of the enactment of the
Veterans' Benefits Improvements Act of 1996 in the educational
benefits program provided by chapter 32 of this title;
``(2) is serving on active duty (excluding the periods referred
to in section 3202(1)(C) of this title) on such date;
``(3) before applying for benefits under this section, has
completed the requirements of a secondary school diploma (or
equivalency certificate) or has successfully completed the
equivalent of 12 semester hours in a program of education leading
to a standard college degree;
``(4) if discharged or released from active duty during the
one-year period specified in paragraph (5), is discharged or
released therefrom with an honorable discharge; and
``(5) during the one-year period beginning on the date of the
enactment of the Veterans' Benefits Improvements Act of 1996, makes
an irrevocable election to receive benefits under this section in
lieu of benefits under chapter 32 of this title, pursuant to
procedures which the Secretary of each military department shall
provide in accordance with regulations prescribed by the Secretary
of Defense for the purpose of carrying out this section or which
the Secretary of Transportation shall provide for such purpose with
respect to the Coast Guard when it is not operating as a service in
the Navy;
may elect to become entitled to basic educational assistance under this
chapter.
``(b) With respect to an individual who makes an election under
subsection (a) to become entitled to basic education assistance under
this chapter--
``(1) the basic pay of the individual shall be reduced (in a
manner determined by the Secretary of Defense) until the total
amount by which such basic pay is reduced is $1,200; or
``(2) to the extent that basic pay is not so reduced before the
individual's discharge or release from active duty as specified in
subsection (a)(4), the Secretary shall collect from the individual
an amount equal to the difference between $1,200 and the total
amount of reductions under paragraph (1), which shall be paid into
the Treasury of the United States as miscellaneous receipts.
``(c)(1) Except as provided in paragraph (3), an individual who is
enrolled in the educational benefits program provided by chapter 32 of
this title and who makes the election described in subsection (a)(5)
shall be disenrolled from such chapter 32 program as of the date of
such election.
``(2) For each individual who is disenrolled from such program, the
Secretary shall refund--
``(A) to the individual, as provided in section 3223(b) of this
title and subject to subsection (b)(2) of this section, the unused
contributions made by the individual to the Post-Vietnam Era
Veterans Education Account established pursuant to section 3222(a)
of this title; and
``(B) to the Secretary of Defense the unused contributions
(other than contributions made under section 3222(c) of this title)
made by such Secretary to the Account on behalf of such individual.
``(3) Any contribution made by the Secretary of Defense to the
Post-Vietnam Era Veterans Education Account pursuant to subsection (c)
of section 3222 of this title on behalf of any individual referred to
in paragraph (1) shall remain in such account to make payments of
benefits to such individual under section 3015(f) of this title.
``(d) The procedures provided in regulations referred to in
subsection (a) shall provide for notice of the requirements of
subparagraphs (B), (C), and (D) of section 3011(a)(3) and of
subparagraph (A) of section 3012(a)(3) of this title. Receipt of such
notice shall be acknowledged in writing.''.
(b) Conforming Amendments.--(1) The table of sections at the
beginning of chapter 30 is amended by inserting after the item relating
to section 3018B the following new item:
``3018C. Opportunity for certain VEAP participants to enroll.''.
(2) Subsection (d) of section 3013 is amended by striking out ``or
3018B'' and inserting in lieu thereof ``, 3018B, or 3018C''.
(3) Subsection (f) of section 3015 is amended by inserting ``,
3018B, or 3018C'' after ``section 3018A''.
(c) Transfer of Educational Assistance Funds.--(1) Subparagraph (B)
of section 3232(b)(2) is amended--
(A) by striking out ``, for the purposes of section 1322(a) of
title 31,''; and
(B) by striking out ``as provided in such section'' and
inserting in lieu thereof ``to the Secretary for payments for
entitlement earned under subchapter II of chapter 30''.
(2) Paragraph (1) of section 3035(b) is amended by inserting before
the period at the end the following: ``and from transfers from the
Post-Vietnam Era Veterans Education Account pursuant to section
3232(b)(2)(B) of this title''.

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MEMBERS OF ARMY AND AIR NATIONAL GUARD.
(a) In General.--Paragraph (7) of section 3002 is amended by
striking out ``November 29, 1989'' and inserting in lieu thereof ``June
30, 1985''.
(b) Application.--(1) An individual may only become eligible for
benefits under chapter 30 of title 38, United States Code, as a result
of the amendment made by subsection (a) by making an election to become
entitled to basic educational assistance under such chapter. The
election may only be made during the 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 Secretary
of Veterans Affairs shall collect from an individual who makes such
an election an amount equal to the difference between $1,200 and
the total amount of reductions under subparagraph (A), which amount
shall be paid into the Treasury as miscellaneous receipts.
(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.
Subtitle A--Housing

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Paragraph (2) of section 3720(h) is amended by striking out
``December 31, 1996'' and inserting in lieu thereof ``December 31,
1997''.

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VETERAN HOUSING LOAN PILOT PROGRAM.
(a) Authority.--Section 3762 is amended--
(1) by redesignating subsection (h) as subsection (i); and
(2) by inserting after subsection (g) the following new
subsection (h):
``(h)(1) The Secretary may make direct loans to Native American
veterans in order to enable such veterans to refinance existing loans
made under this section.
``(2)(A) The Secretary may not make a loan under this subsection
unless the loan meets the requirements set forth in subparagraphs (B),
(C), and (E) of paragraph (1) of section 3710(e) of this title.
``(B) The Secretary may not make a loan under this subsection
unless the loan will bear an interest rate at least one percentage
point less than the interest rate borne by the loan being refinanced.
``(C) Paragraphs (2) and (3) of such section 3710(e) shall apply to
any loan made under this subsection, except that for the purposes of
this subsection the reference to subsection (a)(8) of section 3710 of
this title in such paragraphs (2) and (3) shall be deemed to be a
reference to this subsection.''.
(b) Loan Fee.--Section 3729(a)(2)(E) is amended by striking out
``or 3712(a)(1)(F)'' and inserting in lieu thereof ``3712(a)(1)(F), or
3762(h)''.
Subtitle B--Memorial Affairs

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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)''.

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NURSING HOMES.
Subsection (a) of section 2303 is amended to read as follows:
``(a)(1) When a veteran dies in a facility described in paragraph
(2), the Secretary shall--
``(A) pay the actual cost (not to exceed $300) of the burial
and funeral or, within such limits, may make contracts for such
services without regard to the laws requiring advertisement for
proposals for supplies and services for the Department; and
``(B) when such a death occurs in a State, transport the body
to the place of burial in the same or any other State.
``(2) A facility described in this paragraph is--
``(A) a Department facility (as defined in section 1701(4) of
this title) to which the deceased was properly admitted for
hospital, nursing home, or domiciliary care under section 1710 or
1711(a) of this title; or
``(B) an institution at which the deceased veteran was, at the
time of death, receiving--
``(i) hospital care in accordance with section 1703 of this
title;
``(ii) nursing home care under section 1720 of this title;
or
``(iii) nursing home care for which payments are made under
section 1741 of this title.''.

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(a) In General.--Subsection (d) of section 2306 is amended--
(1) in paragraph (1), by striking out ``a grave liner'' each
place it appears and inserting in lieu thereof ``an outer burial
receptacle'';
(2) in paragraph (2)--
(A) by striking out ``grave liners'' and inserting in lieu
thereof ``outer burial receptacles''; and
(B) by striking out ``specifications and procedures'' and
inserting in lieu thereof ``regulations or procedures''; and
(3) by adding at the end the following:
``(3) Regulations or procedures under paragraph (2) may specify
that--
``(A) an outer burial receptacle other than a grave liner be
provided in lieu of a grave liner at the election of the survivors
of the interred veteran; and
``(B) if an outer burial receptacle other than a grave liner is
provided in lieu of a grave liner upon an election of such
survivors, such survivors be required--
``(i) to pay the amount by which the cost of the outer
burial receptacle exceeds the cost of the grave liner that
would otherwise have been provided in the absence of the
election; and
``(ii) to pay the amount of the administrative costs
incurred by the Secretary (or, with respect to Arlington
National Cemetery, the Secretary of the Army) in providing the
outer burial receptacle in lieu of such grave liner.
``(4) Regulations or procedures under paragraph (2) may provide for
the use of a voucher system, or other system of reimbursement approved
by the Secretary (or, with respect to Arlington National Cemetery, the
Secretary of the Army), for payment for outer burial receptacles other
than grave liners provided under such regulations or procedures.''.
(b) Conforming Amendments.--(1) The heading of such section is
amended to read as follows:
``Sec. 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.''.
Subtitle A--Veterans' Employment and Training

98d6870b4c768ec5135225a3ab09f976cebfc4b087c43eedfc38ff03ab91c872

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.''.

d4302d1f4f0d3da441b9f70168fa932c82d5e6eca4d686c1b00eb4dd72a18265

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''.

cc53076197e896061edc15653f7c5e5fa40ca2931773f4e319225bc00cddc493

LOCAL VETERANS' EMPLOYMENT REPRESENTATIVES.
(a) Authority To Conduct Pilot Program.--In order to assess the
effects on the timeliness and quality of services to veterans resulting
from re-focusing the staff resources of local veterans' employment
representatives, the Secretary of Labor may conduct a pilot program
under which the primary responsibilities of local veterans' employment
representatives will be case management and the provision and
facilitation of direct employment and training services to veterans.
(b) Authorities Under Chapter 41.--To implement the pilot program,
the Secretary of Labor may suspend or limit application of those
provisions of chapter 41 of title 38, United States Code (other than
sections 4104(b)(1) and (c)) that pertain to the Local Veterans'
Employment Representative Program in States designated by the Secretary
under subsection (d), except that the Secretary may use the authority
of such chapter, as the Secretary may determine, in conjunction with
the authority of this section, to carry out the pilot program. The
Secretary may collect such data as the Secretary considers necessary
for assessment of the pilot program. The Secretary shall measure and
evaluate on a continuing basis the effectiveness of the pilot program
in achieving its stated goals in general, and in achieving such goals
in relation to their cost, their effect on related programs, and their
structure and mechanisms for delivery of services.
(c) Targeted Veterans.--Within the pilot program, eligible veterans
who are among groups most in need of intensive services, including
disabled veterans, economically disadvantaged veterans, and veterans
separated within the previous four years from active military, naval,
or air service shall be given priority for service by local veterans'
employment representatives. Priority for the provision of service shall
be given first to disabled veterans and then to the other categories of
veterans most in need of intensive services in accordance with
priorities determined by the Secretary of Labor in consultation with
appropriate State labor authorities.
(d) States Designated.--The pilot program shall be limited to not
more than five States to be designated by the Secretary of Labor.
(e) Reports to Congress.--(1) Not later than one year after the
date of the enactment of this Act, the Secretary of Labor shall submit
to the Committees on Veterans' Affairs of the Senate and the House of
Representatives an interim report describing in detail the development
and implementation of the pilot program on a State by State basis.
(2) Not later than 120 days after the expiration of this section
under subsection (h), the Secretary of Labor shall submit to the
Committees on Veterans' Affairs of the Senate and the House of
Representatives a final report evaluating the results of the pilot
program and make recommendations based on the evaluation, which may
include legislative recommendations.
(f) Definitions.--For the purposes of this section:
(1) The term ``veteran'' has the meaning given such term by
section 101(2) of title 38, United States Code.
(2) The term ``disabled veteran'' has the meaning given such
term by section 4211(3) of such title.
(3) The term ``active military, naval, or air service'' has the
meaning given such term by section 101(24) of such title.
(g) Allocation of Funds.--Any amount otherwise available for fiscal
year 1997, 1998, or 1999 to carry out section 4102A(b)(5) of title 38,
United States Code, with respect to a State designated by the Secretary
of Labor pursuant to subsection (d) shall be available to carry out the
pilot program during that fiscal year with respect to that State.
(h) Expiration Date.--The authority to carry out the pilot program
under this section shall expire on October 1, 1999.
Subtitle B--Technical Amendments Relating to the Uniformed Services
Employment and Reemployment Rights Act of 1994

6c8cfe98df66838101fed96bd179bc86e142dcb0d8852568cf6155d05bc2fecc

Chapter 43 is amended as follows:
(1) Section 4301(a)(2) is amended by striking out ``under
honorable conditions''.
(2) Section 4303(16) is amended by inserting ``national''
before ``emergency''.
(3) Section 4311 is amended by striking out subsections (b) and
(c) and inserting in lieu thereof the following:
``(b) An employer may not discriminate in employment against or
take any adverse employment action against any person because such
person (1) has taken an action to enforce a protection afforded any
person under this chapter, (2) has testified or otherwise made a
statement in or in connection with any proceeding under this chapter,
(3) has assisted or otherwise participated in an investigation under
this chapter, or (4) has exercised a right provided for in this
chapter. The prohibition in this subsection shall apply with respect to
a person regardless of whether that person has performed service in the
uniformed services.
``(c) An employer shall be considered to have engaged in actions
prohibited--
``(1) under subsection (a), if the person's membership,
application for membership, service, application for service, or
obligation for service in the uniformed services is a motivating
factor in the employer's action, unless the employer can prove that
the action would have been taken in the absence of such membership,
application for membership, service, application for service, or
obligation for service; or
``(2) under subsection (b), if the person's (A) action to
enforce a protection afforded any person under this chapter, (B)
testimony or making of a statement in or in connection with any
proceeding under this chapter, (C) assistance or other
participation in an investigation under this chapter, or (D)
exercise of a right provided for in this chapter, is a motivating
factor in the employer's action, unless the employer can prove that
the action would have been taken in the absence of such person's
enforcement action, testimony, statement, assistance,
participation, or exercise of a right.
``(d) The prohibitions in subsections (a) and (b) shall apply to
any position of employment, including a position that is described in
section 4312(d)(1)(C) of this title.''.
(4) Section 4312 is amended--
(A) in subsection (a), by striking out ``who is absent from
a position of employment'' and inserting in lieu thereof
``whose absence from a position of employment is
necessitated'';
(B) in subsection (c)--
(i) by striking out ``section 270'' in paragraph (3)
and inserting in lieu thereof ``section 10147''; and
(ii) in paragraph (4)--
(I) by striking out ``section 672(a), 672(g), 673,
673b, 673c, or 688'' in subparagraph (A) and inserting
in lieu thereof ``section 688, 12301(a), 12301(g),
12302, 12304, or 12305'';
(II) by amending subparagraph (B) to read as
follows:
``(B) ordered to or retained on active duty (other than for
training) under any provision of law because of a war or
national emergency declared by the President or the Congress,
as determined by the Secretary concerned;'';
(III) by striking out ``section 673b'' in
subparagraph (C) and inserting in lieu thereof
``section 12304''; and
(IV) by striking out ``section 3500 or 8500'' in
subparagraph (E) and inserting in lieu thereof
``section 12406''; and
(C) in subsection (d)(2)(C), by striking out ``is brief or
for a nonrecurrent period and without a reasonable
expectation'' and inserting in lieu thereof ``is for a brief,
nonrecurrent period and there is no reasonable expectation''.
(5) Section 4313(a)(4) is amended--
(A) by striking out ``uniform services'' in subparagraph
(A)(ii) and inserting in lieu thereof ``uniformed services'';
and
(B) by striking out ``of lesser status and pay which'' and
inserting in lieu thereof ``which is the nearest approximation
to a position referred to first in clause (A)(i) and then in
clause (A)(ii) which''.
(6) Section 4316(d) is amended by adding at the end the
following new sentence: ``No employer may require any such person
to use vacation, annual, or similar leave during such period of
service.''.
(7) Section 4317(a) is amended--
(A) by striking out ``(a)(1)(A) Subject to paragraphs (2)
and (3), in'' and inserting in lieu thereof ``(a)(1) In'';
(B) by redesignating clauses (i) and (ii) of paragraph (1)
(as amended by subparagraph (A) of this paragraph) as
subparagraphs (A) and (B), respectively;
(C) by redesignating subparagraph (B) as paragraph (2); and
(D) by redesignating subparagraph (C) as paragraph (3), and
in that paragraph by redesignating clauses (i) and (ii) as
subparagraphs (A) and (B), respectively, and by redesignating
subclauses (I) and (II) as clauses (i) and (ii), respectively.
(8) The last sentence of section 4318(b)(2) is amended by
striking out ``services,'' and inserting in lieu thereof
``services, such payment period''.
(9) Section 4322 is amended--
(A) in the second sentence of subsection (d) by inserting
``attempt to'' before ``resolve''; and
(B) in subsection (e)--
(i) in the matter preceding paragraph (1), by striking
out ``with respect to a complaint under subsection (d) are
unsuccessful,'' and inserting in lieu thereof ``with
respect to any complaint filed under subsection (a) do not
resolve the complaint,''; and
(ii) in paragraph (2), by inserting ``or the Office of
Personnel Management'' after ``Federal executive agency''.
(10) Section 4323(a) is amended--
(A) in paragraph (1), by striking out ``of an unsuccessful
effort to resolve a complaint''; and
(B) in paragraph (2)(A), by striking out ``regarding the
complaint under section 4322(c)'' and inserting in lieu thereof
``under section 4322(a)''.
(11) Section 4324 is amended--
(A) in subsection (a)(1), by striking out ``of an
unsuccessful effort to resolve a complaint relating to a
Federal executive agency'';
(B) in subsection (b)--
(i) in the matter preceding paragraph (1), by inserting
``or the Office of Personnel Management'' after ``Federal
executive agency''; and
(ii) in paragraph (1), by striking out ``regarding a
complaint under section 4322(c)'' and inserting in lieu
thereof ``under section 4322(a)''; and
(C) in subsection (c)(2)--
(i) by inserting ``or the Office of Personnel
Management'' after ``Federal executive agency''; and
(ii) by striking out ``employee'' and inserting in lieu
thereof ``Office''.
(12) Section 4325(d)(1) is amended--
(A) by striking out ``, alternative employment in the
Federal Government under this chapter,''; and
(B) by striking out ``employee'' the last place it appears
and inserting in lieu thereof ``employees''.
(13) Section 4326(a) is amended by inserting ``have reasonable
access to and the right to interview persons with information
relevant to the investigation and shall'' after ``at all reasonable
times,''.

dfe4f779cf8d4cf91220856da08f600dc796fc5559fb806d3690e7713e480e7c

(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''.

85afda249ea110f9028116a7f51622ef449ed52ef59d88f61e871b43b4a41f89

(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.

0dd994d74b360e60529505708736eab88676360568a192caee4a66f0da18145c

This title may be cited as the ``Veterans' Insurance Reform Act of
1996''.

d73e8f69a84b5647a2b66adf6a7a363efe03b6ff3b4f954e66e4e7ffd080fb49

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--
(1) in subsection (a)(2), by striking out ``is assigned to the
Reserve (other than the Retired Reserve)'' and all that follows
through ``section 1965(5)(D) of this title,'';
(2) by striking out subsection (e); and
(3) by redesignating subsections (f) and (g) as subsections (e)
and (f), respectively.
(e) Conversion of SGLI to VGLI.--The Servicemembers' Group Life
Insurance of any member of the Retired Reserve of a uniformed service
shall be converted to Veterans' Group Life Insurance effective 90 days
after the date of the enactment of this Act.

b01281460d8765ceda443ad6b5c7e2ffcab4397b0556c5e1b36d65126891fd4e

POLICY.
(a) Option to Convert SGLI.--Subsection (b) of section 1968, as
amended by section 402(c)(2), is amended--
(1) by inserting ``(1)'' after ``(b)'' at the beginning of the
subsection;
(2) by striking out ``would cease,'' in the first sentence and
all that follows through the period at the end of the sentence and
inserting in lieu thereof ``would cease--
``(A) shall be automatically converted to Veterans' Group Life
Insurance, subject to (i) the timely payment of the initial premium
under terms prescribed by the Secretary, and (ii) the terms and
conditions set forth in section 1977 of this title; or
``(B) at the election of the member, shall be converted to an
individual policy of insurance as described in section 1977(e) of
this title upon written application for conversion made to the
participating company selected by the member and payment of the
required premiums.''; and
(3) by designating the second sentence as paragraph (2) and in
that sentence striking out ``Such automatic conversion'' and
inserting in lieu thereof ``Automatic conversion to Veterans' Group
Life Insurance under paragraph (1)''.
(b) VGLI Conversion.--Section 1977 is amended--
(1) in subsection (a)--
(A) by inserting ``(1)'' after ``(a)'';
(B) by striking out the last two sentences; and
(C) by adding at the end the following:
``(2) If any person insured under Veterans' Group Life Insurance
again becomes insured under Servicemembers' Group Life Insurance but
dies before terminating or converting such person's Veterans' Group
Insurance, Veterans' Group Life Insurance shall be payable only if such
person is insured for less than $200,000 under Servicemembers' Group
Life Insurance, and then only in an amount which, when added to the
amount of Servicemembers' Group Life Insurance payable, does not exceed
$200,000.''; and
(2) in subsection (e)--
(A) in the first sentence, by inserting ``at any time''
after ``shall have the right''; and
(B) by striking out the third sentence and inserting in
lieu thereof the following: ``The Veterans' Group Life
Insurance policy converted to an individual policy under this
subsection shall terminate on the day before the date on which
the individual policy becomes effective.''.

6bd7cb284f161ced3b639839b86e2ef555ebea31bc61c9ecce91f5effc76e835

MAXIMUM COVERAGE OF $200,000 UNDER SERVICEMEN'S GROUP LIFE
INSURANCE.
Section 1967, as amended by section 402(b), is further amended by
inserting after subsection (c) the following new subsection (d):
``(d) Whenever a member has the opportunity to make an election
under subsection (a) not to be insured under this subchapter, or to be
insured under this subchapter in an amount less than the maximum amount
of $200,000, and at such other times periodically thereafter as the
Secretary concerned considers appropriate, the Secretary concerned
shall furnish to the member general information concerning life
insurance. Such information shall include--
``(1) the purpose and role of life insurance in financial
planning;
``(2) the difference between term life insurance and whole life
insurance;
``(3) the availability of commercial life insurance; and
``(4) the relationship between Servicemembers' Group Life
Insurance and Veterans' Group Life Insurance.''.

e48911e605eb7f924c0e764d10418af335fe6e916812cc5552f9b25f8e910f59

(a) In General.--The program of insurance operated by the Secretary
of Veterans Affairs under subchapter III of chapter 19 of title 38,
United States Code, is hereby redesignated as the Servicemembers' Group
Life Insurance program.
(b) Amendments to Chapter 19.-- Chapter 19 is amended as follows:
(1) The following provisions are amended by striking out
``Servicemen's Group Life Insurance'' each place it appears and
inserting in lieu thereof ``Servicemembers' Group Life Insurance'':
(A) Subsections (a), (c), and (e) of section 1967.
(B) Section 1968(b).
(C) Subsections (a) through (d) of section 1969.
(D) Subsections (a), (f), and (g) of section 1970.
(E) Section 1971(b).
(F) Section 1973.
(G) The first sentence of section 1974(a).
(H) Subsections (a), (d), and (g) of section 1977.
(2)(A) The heading of subchapter III is amended to read as
follows:
``SUBCHAPTER III--SERVICEMEMBERS' GROUP LIFE INSURANCE''.
(B) The heading of section 1974 is amended to read as follows:
``Sec. 1974. Advisory Council on Servicemembers' Group Life
Insurance''.
(3) The table of sections at the beginning of the chapter is
amended--
(A) by striking out the item relating to subchapter III and
inserting in lieu thereof the following:
``subchapter iii--servicemembers' group life insurance'';
and
(B) by striking out the item relating to section 1974 and
inserting in lieu thereof the following:
``1974. Advisory Council on Servicemembers' Group Life Insurance.''.
(c) Other Conforming Amendments.--(1) Section 1315(f)(1)(F) is
amended by striking out ``servicemen's'' the first place it appears and
inserting in lieu thereof ``servicemembers'''.
(2) Sections 3017(a)(2)(A)(i) and 3224(1) are amended by striking
out ``Servicemen's'' each place it appears and inserting in lieu
thereof ``Servicemembers'''.
(d) References.--Any reference to Servicemen's Group Life Insurance
or to the Advisory Council on Servicemen's Group Life Insurance in any
Federal law, Executive order, regulation, delegation of authority, or
other document of the Federal Government shall be deemed to refer to
Servicemembers' Group Life Insurance or the Advisory Council on
Servicemembers' Group Life Insurance, respectively.

20db90e32ebd4d2527b06c6dd296f527daa90941d1a4d88d1acc8b5fa5f908e7

Section 1977(a) is amended by striking out ``and (e)'' in the first
and second sentences.

e86b5b777ae3ea06e9685ef33c7a78f8f9ba0fdcd7551397abd30a0ffaf43657

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 Veterans.--Section
317(d) is amended--
(1) by redesignating paragraph (10) as paragraph (12); and
(2) by inserting after paragraph (9) the following new
paragraphs (10) and (11):
``(10) Advise the Secretary and other appropriate officials on
the effectiveness of the Department's efforts to accomplish the
goals of section 492B of the Public Health Service Act (42 U.S.C.
289a-2) with respect to the inclusion of minorities in clinical
research and on particular health conditions affecting the health
of members of minority groups which should be studied as part of
the Department's medical research program and promote cooperation
between the Department and other sponsors of medical research of
potential benefit to veterans who are minorities.
``(11) Provide support and administrative services to the
Advisory Committee on Minority Veterans provided for under section
544 of this title.''.
(c) Definition of Minority Veterans.--Section 317 is amended by
adding at the end the following:
``(g) In this section--
``(1) The term `veterans who are minorities' means veterans who
are minority group members.
``(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 Veterans.--
Section 318(d)(10) is amended by striking out ``(relating to'' and all
that follows through ``and of'' and inserting in lieu thereof ``(42
U.S.C. 289a-2) with respect to the inclusion of women in clinical
research and on''.
(e) Additional Functions of Advisory Committees.--(1) Section
542(b) is amended by inserting ``, including the Center for Women
Veterans'' before the period at the end.
(2) Section 544(b) is amended by inserting ``, including the Center
for Minority Veterans'' before the period at the end.
(f) Termination Date of Advisory Committee on Minority Veterans.--
Section 544(e) is amended by striking out ``December 31, 1997'' and
inserting in lieu thereof ``December 31, 1999''.

6063210ffbe6809c5284b6db4269e7cb3e5b61b9baf7c8e90295f90a6a90756c

VETERANS.
(a) Pro Rata Reduction.--Chapter 53 is amended by inserting after
section 5313 the following new section:
``Sec. 5313A. Limitation on payment of clothing allowance to
incarcerated veterans
``In the case of a veteran who is incarcerated in a Federal, State,
or local penal institution for a period in excess of 60 days and who is
furnished clothing without charge by the institution, the amount of any
annual clothing allowance payable to the veteran under section 1162 of
this title shall be reduced by an amount equal to \1/365\ of the amount
of the allowance otherwise payable under that section for each day on
which the veteran was so incarcerated during the 12-month period
preceding the date on which payment of the allowance would be due. This
section shall be carried out under regulations prescribed by the
Secretary.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by inserting after the item relating to section
5313 the following new item:
``5313A. Limitation on payment of clothing allowance to incarcerated
veterans.''.

5ea710c42375a1d906c02435edb86ed70e839dd9114cdc9c4d9b7e0ee6bb334e

(a) Extension of Time for Submission of Final Report.--Section
402(e)(2) of the Veterans' Benefits Improvements Act of 1994 (Public
Law 103-446; 108 Stat. 4661) is amended by striking out ``Not later
than 18 months after such date'' and inserting in lieu thereof ``Not
later than December 31, 1996''.
(b) Funding.--From amounts appropriated to the Department of
Veterans Affairs for each of fiscal years 1996 and 1997 for the payment
of compensation and pension, the amount of $75,000 is hereby made
available for the activities of the Veterans' Claims Adjudication
Commission under title IV of the Veterans' Benefits Improvements Act of
1994 (Public Law 103-446; 108 Stat. 4659; 38 U.S.C. 5101 note).

b99b632349e6820f6787f0927796655817cd4376f9ee25eeb4df6279b890184f

DISABILITY EXAMINATIONS.
(a) Authority.--The Secretary of Veterans Affairs, acting through
the Under Secretary for Benefits, may conduct a pilot program under
this section under which examinations with respect to medical
disability of applicants for benefits under laws administered by the
Secretary that are carried out through the Under Secretary for Benefits
may be made by persons other than employees of the Department of
Veterans Affairs. Any such examination shall be performed pursuant to
contracts entered into by the Under Secretary for Benefits with those
persons.
(b) Limitation.--The Secretary may carry out the pilot program
under this section through not more than 10 regional offices of the
Department of Veterans Affairs.
(c) Source of Funds.--Payments for contracts under the pilot
program under this section shall be made from amounts available to the
Secretary of Veterans Affairs for payment of compensation and pensions.
(d) Report to Congress.--Not later than three years after the date
of the enactment of this Act, the Secretary shall submit to the
Congress a report on the effect of the use of the authority provided by
subsection (a) on the cost, timeliness, and thoroughness of medical
disability examinations.

d7c0a181020fb1c235c12abed6f4a2d0dffb9bb1475b472e7b8f19a12f129caf

(a) In General.--Paragraph (29) of section 101 is amended to read
as follows:
``(29) The term `Vietnam era' means the following:
``(A) The period beginning on February 28, 1961, and ending on
May 7, 1975, in the case of a veteran who served in the Republic of
Vietnam during that period.
``(B) The period beginning on August 5, 1964, and ending on May
7, 1975, in all other cases.''.
(b) Limited Expansion for Specific Compensation Purposes.--(1)
Paragraphs (1)(B) and (3) of section 1116(a) are each amended by
striking out ``during the Vietnam era'' and inserting in lieu thereof
``during the period beginning on January 9, 1962, and ending on May 7,
1975,''.
(2) Paragraphs (1)(A), (2)(C), (2)(E), (2)(F), and (4) of such
section are amended by striking out ``during the Vietnam era'' and
inserting in lieu thereof ``during the period beginning on January 9,
1962, and ending on May 7, 1975''.
(c) Limited Expansion for Specific Health Care Purposes.--(1) The
provision stipulated in paragraph (2) is amended--
(A) in clause (i), by striking out ``during the Vietnam era,''
and inserting in lieu thereof ``during the period beginning on
January 9, 1962, and ending on May 7, 1975,''; and
(B) in clause (ii), by striking out ``such era'' and inserting
in lieu thereof ``such period''.
(2) The provision referred to in paragraph (1)--
(A) if the Veterans' Health Care Eligibility Reform Act of 1996
is enacted as a measure of the One Hundred Fourth Congress, is
paragraph (4)(A) of section 1710(e) of title 38, United States
Code, as added by section 102 of such Act; and
(B) if such Act is not enacted as a measure of the One Hundred
Fourth Congress, is paragraph (1)(A) of section 1710(e) of such
title.
(d) Effective Date.--The amendments made by this section shall take
effect on January 1, 1997. No benefit may be paid or provided by reason
of such amendments for any period before such date.

5ce82e7e6bee9e29adc653da69457d0eb0165b5a6bbb22837f9562bd8036c43d

VETERAN DIES.
(a) Benefit for Month of Death.--Section 5310 is amended--
(1) by inserting ``(a)'' before ``If, in accordance with''; and
(2) by adding at the end the following:
``(b)(1) If the surviving spouse of a veteran who was in receipt of
compensation or pension at the time of death is not entitled to death
benefits under chapter 11, 13, or 15 of this title for the month in
which the veteran's death occurs, that surviving spouse shall be
entitled to a benefit for that month in the amount of benefits the
veteran would have received under chapter 11 or 15 of this title for
that month but for the death of the veteran.
``(2) If (notwithstanding section 5112(b)(1) of this title) a check
or other payment is issued to, and in the name of, the deceased veteran
as a benefit payment under chapter 11 or 15 of this title for the month
in which death occurs, that check or other payment (A) shall be treated
for all purposes as being payable to the surviving spouse, and (B) if
that check or other payment is negotiated or deposited, shall be
considered to be the benefit to which the surviving spouse is entitled
under this paragraph. However, if such check or other payment is in an
amount less than the amount of the benefit under paragraph (1), the
unpaid amount shall be treated in the same manner as an accrued benefit
under section 5121 of this title.''.
(b) Effective Date.--The amendments made by this section shall
apply with respect to the death of compensation and pension recipients
occurring after December 31, 1996.

efa7050134a7e83d8a3e6b331f90d677a8ec836abb2a9bbe6bbbd0f1b33234c0

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''.

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CLAIMANTS' REPRESENTATIVES.
(a) Power of Attorney Naming a Veterans Service Organization.--
Section 5902 is amended--
(1) by redesignating subsection (c) as subsection (d); and
(2) by inserting after subsection (b) the following new
subsection (c):
``(c)(1) Unless a claimant specifically indicates in a power of
attorney filed with the Department a desire to appoint only a
recognized representative of an organization listed in or approved
under subsection (a), the Secretary may, for any purpose, treat the
power of attorney naming such an organization, a specific office of
such an organization, or a recognized representative of such an
organization as the claimant's representative as an appointment of the
entire organization as the claimant's representative.
``(2) Whenever the Secretary is required or permitted to notify a
claimant's representative, and the claimant has named in a power of
attorney an organization listed in or approved under subsection (a), a
specific office of such an organization, or a recognized representative
of such an organization without specifically indicating a desire to
appoint only a recognized representative of the organization, the
Secretary shall notify the organization at the address designated by
the organization for the purpose of receiving the notification
concerned.''.
(b) Applicability.--The amendments made by this section apply to
any power of attorney filed with the Department of Veterans Affairs,
regardless of the date of its execution.

79b8d714da4a1d8ee29fbd686542755624e8255e391d6e528bbc0131e6448285

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.''.

54716cf5c7d80b4b617f14348eadeef9eb98511ca238d83f0e7e682599e7ece2

CERTAIN ELEMENTS OF THE EDUCATION SERVICE OF THE VETERANS
BENEFITS ADMINISTRATION.
No funds available to the Department of Veterans Affairs may be
obligated or expended before January 1, 1998, to relocate any function
of, or to reduce the number of personnel assigned to, any of the
following elements of the Veterans Benefits Administration of the
Department of Veterans Affairs:
(1) The Office of Education Procedures Systems.
(2) The Office of Education Operations.
(3) The Office of Education Policy and Program Administration.

581ef80c426660e203d0e5d03b70a902224ef9ae833ab0eba39b67ccb2f9dd53

HOMELESS VETERANS.
(a) Authority for Community-Based Residential Care for Homeless
Chronically Mentally Ill Veterans and Other Veterans.--Section 115(d)
of the Veterans' Benefits and Services Act of 1988 (38 U.S.C. 1712
note) is amended by striking out ``December 31, 1997'' and inserting in
lieu thereof ``December 31, 1998''.
(b) Authorizations of Appropriations for Homeless Veterans
Reintegration Projects.--Section 738(e)(1) of the Stewart B. McKinney
Homeless Assistance Act (42 U.S.C. 11448(e)(1)) is amended by adding at
the end the following:
``(E) $10,000,000 for fiscal year 1997.
``(F) $10,000,000 for fiscal year 1998.''.

5b9d2586781a0e1508e117a874fbf01954f94dbc3b3706c302b9c6727cf4cbba

(a) Repair and Long-term Maintenance of War Memorials.--Section
5(b)(2) of the Act entitled ``An Act for the creation of an American
Battle Monuments Commission to erect suitable memorials commemorating
the services of the American soldier in Europe, and for other
purposes'', approved March 4, 1923 (36 U.S.C. 125(b)(2)), is amended--
(1) by inserting ``(A)'' after ``(2)''; and
(2) by adding at the end the following:
``(B) In assuming responsibility for a war memorial under paragraph
(1), the Commission may enter into arrangements with the sponsors of
the memorial to provide for the repair or long-term maintenance of the
memorial. Any funds transferred to the Commission for the purpose of
this subparagraph shall, in lieu of subparagraph (A), be deposited by
the Commission in the fund established by paragraph (3).
``(3)(A) There is established in the Treasury a fund which shall be
available to the Commission for expenses for the maintenance and repair
of memorials with respect to which the Commission enters into
arrangements under paragraph (2)(B). The fund shall consist of (i)
amounts deposited, and interest and proceeds credited, under
subparagraph (B), and (ii) obligations obtained under subparagraph (C).
``(B) The Commission shall deposit in the fund such amounts from
private contributions as may be accepted under paragraph (2)(B). The
Secretary of the Treasury shall credit to the fund the interest on, and
the proceeds from sale or redemption of, obligations held in the fund.
``(C) The Secretary of the Treasury shall invest any portion of the
fund that, as determined by the Commission, is not required to meet
current expenses. Each investment shall be made in an interest bearing
obligation of the United States or an obligation guaranteed as to
principal and interest by the United States that, as determined by the
Commission, has a maturity suitable for the fund.
``(D) The Commission shall separately account for all moneys
deposited in and expended from the fund with respect to each war
memorial for which an arrangement for the repair or 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
controls to enable the Commission to comply with the requirements of
subsection (b) and section 5(b)(3)(D).
``(b) The Commission shall--
``(1) by March 1 of each year (beginning with 1998)--
``(A) prepare a financial statement which covers all
accounts and associated activities of the Commission for the
preceding fiscal year and is consistent with the requirements
of section 3515 of title 31, United States Code; and
``(B) submit the financial statement, together with a
narrative summary, to the Committees on Veterans' Affairs of
the Senate and House of Representatives; and
``(2) obtain an audit by the Comptroller General of the United
States of each financial statement prepared under paragraph (1)(A),
which shall be conducted in accordance with 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.''.
ASSISTANCE

ab0c1d59e63bd7ce49e61c664eb103b90abfb6f8a3dad9eb83604d7e17946083

(a) Establishment.--There is established a commission to be known
as the Commission on Servicemembers and Veterans Transition Assistance
(hereafter in this title referred to as the ``Commission'').
(b) Membership.--(1) The Commission shall be composed of 12 members
appointed from among private United States citizens with appropriate
and diverse experiences, expertise, and historical perspectives on
veterans, military, organizational, and management matters. The members
shall be appointed as follows:
(A) Four shall be appointed jointly by the chairman and ranking
minority member of the Committee on Veterans' Affairs of the House
of Representatives.
(B) Four shall be appointed jointly by the chairman and ranking
minority member of the Committee on Veterans' Affairs of the
Senate.
(C) Two shall be appointed jointly by the chairman and ranking
minority member of the Committee on National Security of the House
of Representatives.
(D) Two shall be appointed jointly by the chairman and ranking
minority member of the Committee on Armed Services of the Senate.
(2)(A) One member of the Commission appointed under each of
subparagraphs (A) and (B) of paragraph (1) shall be a representative of
a veterans service organization.
(B) To the maximum extent practicable, the individuals appointed
under paragraph (1) as members of the Commission shall be veterans.
(C) Not more than seven of the members of the Commission may be
members of the same political party.
(3) In addition to the members appointed under paragraph (1), the
following shall be nonvoting members of the Commission:
(A) The Under Secretary for Benefits of the Department of
Veterans Affairs.
(B) The Assistant Secretary of Defense for Force Management and
Personnel.
(C) The Assistant Secretary of Labor for Veterans' Employment
and Training.
(4) The appointments of members of the Commission shall, to the
maximum extent practicable, be made after consultation with
representatives of veterans service organizations.
(5) The appointments of the members of the Commission shall be made
not later than 45 days after the date of the enactment of this Act.
(c) Period of Appointment; Vacancies.--Members shall be appointed
for the life of the Commission. Any vacancy in the Commission shall not
affect its powers, but shall be filled in the same manner as the
original appointment.
(d) Initial Meeting.--Not later than 30 days after the date on
which all members of the Commission have been appointed under
subsection (b)(1), the Commission shall hold its first meeting.
(e) Quorum.--A majority of the members of the Commission shall
constitute a quorum, but a lesser number may hold hearings.
(f) Chairman and Vice Chairman.--The Commission shall select a
chairman and vice chairman from among its members.
(g) Meetings.--The Commission shall meet at the call of the
chairman of the Commission.
(h) Panels.--The Commission may establish panels composed of less
than the full membership of the Commission for the purpose of carrying
out the Commission's duties. The actions of such panels shall be
subject to the review and control of the Commission. Any findings and
determinations made by such a panel shall not be considered the
findings and determinations of the Commission unless approved by the
Commission.
(i) Authority of Individuals To Act for Commission.--Any member or
agent of the Commission may, if authorized by the Commission, take any
action which the Commission is authorized to take under this title.

5583ddf7550d5b11c1485f85f5655ecc0bc3f05bb541074ba2de355dacf3852e

(a) In General.--The Commission shall--
(1) review the adequacy and effectiveness of veterans
transition assistance and benefits programs in providing assistance
to members of the Armed Forces in making the transition and
adjustment to civilian life;
(2) review the allocation under law of responsibility for the
administration of veterans transition assistance and benefits
programs among the various departments and agencies of the
Government and determine the feasibility and desirability of
consolidating such administration;
(3) evaluate proposals for improving such programs, including
proposals for alternative means of providing services delivered by
such programs; and
(4) make recommendations to Congress regarding the need for
improvements in such programs.
(b) Review of Programs To Assist Members of the Armed Forces at
Separation.--(1) While carrying out the general duties specified in
subsection (a), the members of the Commission appointed under
subparagraphs (C) and (D) of section 701(b)(1) and the member specified
in subparagraph (B) of section 701(b)(3) shall review primarily the
programs intended to assist members of the Armed Forces at the time of
their separation from service in the Armed Forces, including programs
designed to assist families of such members.
(2) In carrying out the review, those members of the Commission
shall determine the following:
(A) The adequacy of the programs referred to in paragraph (1)
for their purposes.
(B) The adequacy of the support of the Armed Forces for such
programs.
(C) The adequacy of funding levels for such programs.
(D) The effect, if any, of the existence of such programs on
military readiness.
(E) The extent to which such programs provide members of the
Armed Forces with job-search skills.
(F) The extent to which such programs prepare such members for
employment in the private sector and in the public sector.
(G) The effectiveness of such programs in assisting such
members in finding employment in the public sector upon their
separation from service.
(H) The ways in which such programs could be improved.
(3) In carrying out the review, the Commission shall make use of
previous studies which have been made of such programs.
(c) Review of Programs To Assist Veterans.--(1) While carrying out
the general duties specified in subsection (a), the members of the
Commission appointed under subparagraphs (A) and (B) of section
701(b)(1) and the members specified in subparagraphs (A) and (C) of
section 701(b)(3) shall review the following programs:
(A) Educational assistance programs.
(B) Job counseling, job training, and job placement services
programs.
(C) Rehabilitation and training programs.
(D) Housing loan programs.
(E) Small business loan and small business assistance programs.
(F) Employment and employment training programs for employment
in the public sector and the private sector, including employer
training programs and union apprenticeship programs.
(G) Government personnel policies (including veterans'
preference policies) and the enforcement of such policies.
(H) Programs that prepare the families of members of the Armed
Forces for their transition from military life to civilian life and
facilitate that transition.
(2) In carrying out the review, such members of the Commission
shall determine the following:
(A) The adequacy of the programs referred to in paragraph (1)
for their purposes.
(B) The adequacy of the support of the Department of Veterans
Affairs for such programs.
(C) The adequacy of funding levels for such programs.
(D) The extent to which such programs provide veterans with
job-search skills.
(E) The extent to which such programs prepare veterans for
employment in the private sector and in the public sector.
(F) The effectiveness of such programs in assisting veterans in
finding employment in the public sector upon their separation from
service.
(G) The ways in which such programs could be improved.
(d) Reports.--(1) Not later than 90 days after the date on which
all members of the Commission have been appointed under section
701(b)(1), the Commission shall submit to the Committees on Veterans'
Affairs and Armed Services of the Senate and the Committees on
Veterans' Affairs and National Security of the House of Representatives
a report setting forth a plan for the work of the Commission. The
Commission shall develop the plan in consultation with the Secretary of
Defense, the Secretary of Veterans Affairs, the Secretary of Labor, and
the heads of other appropriate departments and agencies of the
Government.
(2)(A) Not later than 18 months after the date of the first meeting
of the Commission, the Commission shall submit to the committees
referred to in paragraph (1), and to the Secretary of Defense, the
Secretary of Veterans Affairs, and the Secretary of Labor, a report
setting forth the activities, findings, and recommendations of the
Commission, including any recommendations for legislative action and
administrative action as the Commission considers appropriate.
(B) Not later than 90 days after receiving the report referred to
in subparagraph (A), the Secretary of Defense, the Secretary of
Veterans Affairs, and the Secretary of Labor shall jointly transmit the
report to Congress, together with the Secretaries' comments on the
report.

2fe4e5e6c2706c965dd4750b33653a2ad4a8c7a2d285a4574c053137fb31f8bf

(a) Hearings.--The Commission may hold such hearings, sit and act
at such times and places, take such testimony, and receive such
evidence as the Commission considers advisable to carry out the
purposes of this title.
(b) Information From Federal Agencies.--The Commission may secure
directly from the Department of Defense, the Department of Veterans
Affairs, and any other department or agency of the Government such
information as the Commission considers necessary to carry out its
duties under this title. Upon request of the chairman of the
Commission, the head of such department or agency shall furnish such
information expeditiously to the Commission.

abb1b04609baaee902b3e5ef5624b1ff5a48fbfa32361d87b58291922ce61da7

(a) Postal Services.--The Commission may use the United States
mails in the same manner and under the same conditions as other
departments and agencies of the Government.
(b) Gifts.--The Commission may accept, use, and dispose of gifts or
donations of services or property.
(c) Miscellaneous Administrative Support.--The Secretary of
Defense, the Secretary of Veterans Affairs, and the Secretary of Labor
shall, upon the request of the chairman of the Commission, furnish the
Commission, on a reimbursable basis, any administrative and support
services as the Commission may require.

13c32da1d53250118ec6a0cdd151b6693bb3ccdbb31415e68a806487669f1367

(a) Compensation of Members.--Each member of the Commission may be
compensated at a rate equal to the daily equivalent of the annual rate
of basic pay prescribed for level IV of the Executive Schedule under
section 5315 of title 5, United States Code, for each day (including
travel time) during which such member is engaged in performing the
duties of the Commission.
(b) Travel and Travel Expenses.--(1) Members and personnel of the
Commission may travel on military aircraft, military vehicles, or other
military conveyances when travel is necessary in the performance of a
duty of the Commission except when the cost of commercial
transportation is less expensive.
(2) The members of the Commission may be allowed travel expenses,
including per diem in lieu of subsistence, at rates authorized for
employees of agencies under subchapter I of chapter 57 of title 5,
United States Code, while away from their homes or regular places of
business in the performance of services for the Commission.
(c) Staff.--(1) The chairman of the Commission may, without regard
to civil service laws and regulations, appoint and terminate an
executive director and up to five additional staff members as may be
necessary to enable the Commission to perform its duties. In appointing
an individual as executive director, the chairman shall, to the maximum
extent practicable, attempt to appoint an individual who is a veteran.
The employment of an executive director shall be subject to
confirmation by the Commission.
(2) The chairman of the Commission may fix the compensation of the
executive director and other personnel without regard to the provisions
of chapter 51 and subchapter III of chapter 53 of title 5, United
States Code, relating to classification of positions and General
Schedule pay rates, except that the rate of pay for the executive
director and other staff members may not exceed the rate payable for
level V of the Executive Schedule under section 5316 of such title.
(d) Detail of Government Employees.--Upon request of the chairman
of the Commission, the head of any department or agency of the
Government may detail, on a nonreimbursable basis, any personnel of the
department or agency to the Commission to assist the Commission in
carrying out its duties.
(e) Procurement of Temporary and Intermittent Services.--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.

1335847a1f5fe58db1199bfdc53ee11b80ec50ccd24b10e5b547ee3fa9407029

The Commission shall terminate 90 days after the date on which it
submits its report under section 702(d)(2).

6fabf2e061a23f837532dd78f142adaabf1d6a71c8401f0d20865c98a4ef034f

For the purposes of this title:
(1) The term ``veterans transition assistance and benefits
program'' means any program of the Government the purpose of which
is--
(A) to assist, by rehabilitation or other means, members of
the Armed Forces in readjusting or otherwise making the
transition to civilian life upon their separation from service
in the Armed Forces; or
(B) to assist veterans in making the transition to civilian
life.
(2) The term ``Armed Forces'' has the meaning given such term
in section 101(10) of title 38, United States Code.
(3) The term ``veteran'' has the meaning given such term in
section 101(2) of title 38, United States Code.
(4) The term ``veterans service organization'' means any
organization covered by section 5902(a) of title 38, United States
Code.

878166277e884bdccc8031596846532dbf526e6968e73845547d457514862da8

(a) In General.--The Secretary of Defense shall, upon the request
of the chairman of the Commission, make available to the Commission
such amounts as the Commission may require to carry out its duties
under this title. The Secretary shall make such amounts available from
amounts appropriated for the Department of Defense, except that such
amounts may not be from amounts appropriated for the transition
assistance program (TAP), the Army career alumni program (ACAP), or any
similar program.
(b) Availability.--Any sums made available to the Commission under
subsection (a) shall remain available, without fiscal year limitation,
until the termination of the Commission.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.

2820e18c440d22c2be06c08c67bebb748e0ebfa14c964ad270b3b989941e6fec

Veterans' Benefits Improvements Act of 1996 — S. 1711

Other Sections