[Congressional Record Volume 142, Number 137 (Saturday, September 28, 1996)]
[House]
[Pages H12122-H12131]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
VETERANS' BENEFITS IMPROVEMENTS ACT OF 1996
Mr. STUMP. Mr. Speaker, I ask unanimous consent to take from the
Speaker's table the Senate bill (S. 1711) 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, and ask for its immediate
consideration in the House.
The Clerk read the title of the Senate bill.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Arizona?
Mr. MONTGOMERY. Mr. Speaker, reserving the right to object, I yield
to the gentleman from Arizona [Mr. Stump] to explain the bill.
Mr. STUMP. Mr. Speaker, I thank the gentleman for yielding.
Mr. Speaker, the provisions of this bill come from both House and
Senate-passed initiatives during the 104th Congress to enhance,
improve, and continue many veterans benefits.
The bill makes positive changes to the administrative functions
within the VA education service, the National Cemetery System, the VA
life insurance program, and the Veterans Benefits Administration.
This bill repeals the Davenport versus Brown decision by
reestablishing the long-standing requirement that a veteran's
employment handicap be the result of a service connected disability in
order to qualify for vocational rehabilitation benefits.
It uses the savings from that provision to make improvements to
several education and survivors benefits programs.
I hope all Members will support this bill.
Mr. MONTGOMERY. Mr. Speaker, further reserving the right to object, I
yield to the gentleman from New York [Mr. Solomon].
Mr. SOLOMON. Mr. Speaker, again, I just want to commend the gentleman
from Arizona, Chairman Stump, and certainly the ranking member, the
gentleman from Mississippi, Sonny Montgomery. This is a very vital
piece of legislation. It is timely, and it also extends the date of the
Vietnam era to February 28, 1961, and it extends eligibility for
certain health benefits to those serving on or after January 9, 1962.
As you know, some Vietnam veterans have been excluded, and they never
should have been. This makes that correction after all these years. I
thank both gentlemen for having included it in their legislation.
Mr. MONTGOMERY. Mr. Speaker, further reserving the right to object, I
yield to the gentleman from Indiana [Mr. Buyer].
Mr. BUYER. Mr. Speaker, I thank the gentleman for yielding.
Mr. Speaker, I rise in strong support of this legislation. This is a
consolidation of several bills that passed the House, including H.R.
2289, H.R. 3673, and H.R. 3674. They are all combined with several of
the Senate provisions. Notably, this is a culmination of fine
bipartisan work that is a hallmark of our two Veterans' Affairs
Committees.
Mr. Speaker, it has been a pleasure to serve under the gentleman from
Arizona, Chairman Bob Stump, and former chairman and now ranking member
of the Committee on Veterans Affairs, the gentleman from Mississippi,
Sonny Montgomery. Sonny, all of us in this body are going to miss you.
You are a true American hero, and a role model of honor and integrity
for many in this country.
I have been at so many receptions that honor you, Sonny, the only
thing left is either to create a statue or make a bronze something out
there. I am afraid the pigeons might do something I disagree with. We
will do things to continue your legends in this body.
This is a great bill in bipartisan fashion. We are going to spend
about $202 million in this bill to enhance and improve veterans
benefits, and we are doing the right thing for America's heroes. I
appreciate you service, Sonny, as does America.
Mr. Speaker, I rise in support of S. 1711, which is a consolidation
of several bills passed by the House including H.R. 2289, H.R. 3673,
and H.R. 3674, and are combined with several Senate provisions.
Notably, it is the culmination of fine bipartisan work that is the
hallmark of our two Veterans Affairs Committees.
I wish to extend to the chairman, Mr. Stump, and to his dear friend
the ranking member, Mr. Montgomery, my thanks for their leadership on
this legislation.
I would be remiss if I did not recognize the efforts of my colleagues
on the Veterans Affairs Committee for their contributions--and
interest--in this legislation.
The bill contains several notable provisions that will enhance a wide
variety of benefits and will spend about $209 million over the next 6
years. I will address the provisions that fall within the jurisdiction
of my subcommittee.
Section 101 overrides the Court of Veterans Appeals decision in
Davenport versus Brown by reestablishing the long-standing requirement
that a veterans's employment handicap be the result of a service-
connected disability in order to qualify for vocational rehabilitation
benefits.
Section 102 would make permanent the program to provide GI bill
funding for veterans enrolled in programs designed to certify teachers
through nontraditional educational institutions.
Section 103 removes the GI bill's 2-year restriction on all degree
granting institutions, including branch campuses.
Section 104 would allow individuals the opportunity to pursue their
educational programs through open circuit TV without taking part of the
course in residence.
Section 105 allows veterans training under cooperative training
programs to be paid full-time educational benefits instead of the
current 80 percent of the full-time educational benefit rate.
Section 106 will allow active duty service members to transfer from
the old Post-Vietnam Era Education Assistance Program [VEAP] to the
more generous Montgomery GI bill (chapter 30). Under VEAP, a veteran
could expect a maximum benefit of $8,100. Under the Montgomery GI bill,
a veteran can expect a minimum of about $15,500 for a 3-year
enlistment.
Section 107 will offer active duty Army and Air Force National Guard
members who enlisted between June 30, 1985, and November 29, 1989, and
who were not eligible for any sort of education benefit the opportunity
to participate in the Montgomery GI bill.
Section 201 extends VA's authority to guarantee the real estate
mortgage investment conduits [REMIC's] that are used to market vendee
loans on the secondary market for an additional year.
Section 202 authorizes VA to refinance direct loans to native
Americans.
Section 301 would require that Regional Administrators be veterans.
Section 302 would authorize broadening the duties of support
personnel assigned to the offices of VETS State Directors for Veterans
Employment and Training.
Section 303 would authorize the Secretary of Labor to conduct a pilot
program in five States under which the primary responsibilities of
Local Veterans Employment Representatives [LVER's] would be case
management and the provision of direct employment and training services
to veterans.
Subtitle B of title III of the bill provides for a series of
technical amendments regarding the Uniformed Service Employment and
Reemployment Rights Act of 1994 and greatly
[[Page H12123]]
clarifies the rights and responsibilities of veterans and their
employers.
Section 510 would prohibit VA from moving the Education Service
headquarters functions out of the District of Columbia prior to January
1, 1998. I want to emphasize that the bill does not prevent VA from
downsizing the education staff or meeting any of the goals of the
Government Performance Review Act. The bill was introduced as H.R. 3036
by the ranking member, Mr. Montgomery, and cosponsored by the chairman,
myself, and Ms. Waters. It received strong support from the VSO's
during the hearing.
Seciton 601 extends the Homeless Veterans Reintegration Project
[HVRP] through fiscal year 1998 and authorizes appropriations in the
amount of $10 million per year. The Homeless Veterans Reintegration
Project is a Veterans Employment and Training Service Program to assist
homeless veterans with finding employment.
Title VII of the bill establishes a Commission on Servicemembers and
Veterans Transition Assistance to assess the effectiveness of all
veterans readjustment opportunity programs. The Commission will
evaluate proposals for improving programs; and recommend to Congress
actions of ensuring the continuing utility of readjustment programs.
This is virtually our only opportunity to make these kinds of program
improvements. These are good provisions that will make a difference in
the lives of thousands of veterans and their survivors. Its a
bipartisan bill and I thank all the Members on both sides of the aisle
for their support. I urge my colleagues to support the bill.
Mr. MONTGOMERY. Mr. Speaker, I want to thank the gentleman from
Indiana. We are working on that statute down in Mississippi. Do not
worry about it too much.
Mr. Speaker, I rise in strong support of the House amendment to S.
1711. This measure will strengthen and improve the Montgomery GI Bill
by expanding educational opportunities for veteran students. I am
particularly pleased that the bill includes a provision which will
enable many VEAP-eligible active duty servicemembers to switch to the
more generous Montgomery GI Bill. Additionally, the amendment includes
provisions which will strengthen veterans' reemployment rights and
improve employment services for veterans.
Of particular importance to the continuing effective administration
of veterans' education programs is the provision which forbids the
transfer of Education Service personnel now located in Central Office.
It should be noted that it is our intent that this restriction include
the Director of the Education Service and the Director's immediate
staff.
Also included in this bill are several provisions which are designed
to improve the administration of veterans benefits and make them easier
for veterans to use.
One provision allows the VA to pay 2 years in back benefits to the
survivor of a veteran whose claim is allowed after his or her death.
Another important provision allows the surviving spouse to retain the
veterans compensation or pension payments for the month in which the
veteran dies.
I want to thank Congressman Steve Buyer and Terry Everett, the
chairman of the two subcommittees that have jurisdiction over this
bill, and Representative Lane Evans and Bob Filner. the ranking
Democratic members of these subcommittees. They worked very hard
throughout this Congress and I commend them for the bill which we are
now considering.
Mr. Speaker, I want to express my sincere thanks to my good friend,
Bob Stump, for his hard work on this legislation. As important, I want
to thank Bob for his effective and bipartisan leadership of the
Veterans' Affairs Committee during the 104th Congress. He continued the
50-year tradition of a committee motivated by a desire to strengthen
and improve the rights and benefits earned by our Nation's veterans.
Mr. Speaker, I hope my colleagues will join me in supporting this
legislation.
Mr. Speaker, I withdraw my reservation of objection.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Arizona?
There is no objection.
The Clerk read the Senate bill, as follows:
S. 1711
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Veterans'
Benefits Improvements Act of 1996''.
(b) Table of Contents.--The table of contents of this Act
is as follows:
Sec. 1. Short title; table of contents.
Sec. 2. References to title 38, United States Code.
TITLE I--EDUCATION BENEFITS
Sec. 101. Employment handicap for which an individual may receive
training and rehabilitation assistance.
Sec. 102. Permanent authority for alternative teacher certification
programs.
Sec. 103. Period of operation for approval.
Sec. 104. Elimination of distinction between open circuit TV and
independent study.
Sec. 105. Cooperative programs.
Sec. 106. Enrollment of certain VEAP participants in Montgomery GI
Bill.
Sec. 107. Montgomery GI Bill eligibility for certain active duty
members of Army and Air National Guard.
TITLE II--HOUSING AND MEMORIAL AFFAIRS
Subtitle A--Housing
Sec. 201. Extension of enhanced loan asset sale authority.
Sec. 202. Direct loans to refinance loans under Native American veteran
housing loan pilot program.
Subtitle B--Memorial Affairs
Sec. 211. Clarification of eligibility of minors for burial in national
cemeteries.
Sec. 212. Burial benefits for certain veterans who die in State nursing
homes.
Sec. 213. Outer burial receptacles.
TITLE III--EMPLOYMENT AND TRAINING
Subtitle A--Veterans' Employment and Training
Sec. 301. Regional Administrator.
Sec. 302. Support personnel for Directors of Veterans' Employment and
Training.
Sec. 303. Pilot program to integrate and streamline functions of local
veterans' employment representatives.
Subtitle B--Technical Amendments Relating to the Uniformed Services
Employment and Reemployment Rights Act of 1994
Sec. 311. Amendments to chapter 43 of title 38, United States Code.
Sec. 312. Amendments to transition rules and effective dates.
Sec. 313. Effective dates.
TITLE IV--VETERANS LIFE INSURANCE PROGRAMS
Sec. 401. Short title.
Sec. 402. Merger of Retired Reserve Servicemembers' Group Life
Insurance and Veterans' Group Life Insurance and
extension of Veterans' Group Life Insurance to members of
the Ready Reserve.
Sec. 403. Conversion of SGLI and VGLI to commercial life insurance
policy.
Sec. 404. Information to be provided members concerning automatic
maximum coverage of $200,000 under Servicemen's Group
Life Insurance.
Sec. 405. Renaming of Servicemen's Group Life Insurance program.
Sec. 406. Technical amendment.
TITLE V--DEPARTMENT OF VETERANS AFFAIRS ADMINISTRATIVE MATTERS
Sec. 501. Revision of authority relating to Centers for Minority
Veterans and Women Veterans.
Sec. 502. Limitation on clothing allowance for incarcerated veterans.
Sec. 503. Extension of Veterans' Claims Adjudication Commission.
Sec. 504. Pilot program for use of contract physicians for disability
examinations.
Sec. 505. Expansion of period of Vietnam era for certain veterans.
Sec. 506. Payment of benefit to surviving spouse for month in which
veteran dies.
Sec. 507. Increase in period for which accrued benefits payable.
Sec. 508. Appointment of veterans service organizations as claimants'
representatives.
Sec. 509. Provision of copies of Board of Veterans' Appeals decisions.
Sec. 510. Limitation on relocation or reduction in staffing of certain
elements of the Education Service of the Veterans
Benefits Administration.
TITLE VI--OTHER MATTERS
Sec. 601. Extension of certain authorities for services for homeless
veterans.
Sec. 602. Repair and long-term maintenance of war memorials.
TITLE VII--COMMISSION ON SERVICE- MEMBERS 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.
[[Page H12124]]
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--
(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.
SEC. 102. PERMANENT AUTHORITY FOR ALTERNATIVE TEACHER
CERTIFICATION PROGRAMS.
Subsection (c) of section 3452 is amended by striking out
``For the period ending on September 30, 1996, such'' and
inserting in lieu thereof ``Such''.
SEC. 103. PERIOD OF OPERATION FOR APPROVAL.
(a) In General.--(1) Chapter 36 is amended--
(A) by striking out section 3689; and
(B) by striking out the item relating to section 3689 in
the table of sections at the beginning of such chapter.
(2) Subparagraph (C) of section 3680A(d)(2) is amended by
striking out ``3689(b)(6) of this title'' and inserting in
lieu thereof ``subsection (g)''.
(b) Disapproval of Enrollment in Certain Courses.--Section
3680A is amended by adding after subsection (d) the following
new subsections:
``(e) The Secretary may not approve the enrollment of an
eligible veteran in a course not leading to a standard
college degree offered by a proprietary profit or proprietary
nonprofit educational institution if--
``(1) the educational institution has been operating for
less than two years;
``(2) the course is offered at a branch of the educational
institution and the branch has been operating for less than
two years; or
``(3) following either a change in ownership or a complete
move outside its original general locality, the educational
institution does not retain substantially the same faculty,
student body, and courses as before the change in ownership
or the move outside the general locality (as determined in
accordance with regulations the Secretary shall prescribe)
unless the educational institution following such change or
move has been in operation for at least two years.
``(f) The Secretary may not approve the enrollment of an
eligible veteran in a course as a part of a program of
education offered by an educational institution if the course
is provided under contract by another educational institution
or entity and--
``(1) the Secretary would be barred under subsection (e)
from approving the enrollment of an eligible veteran in the
course of the educational institution or entity providing the
course under contract; or
``(2) the educational institution or entity providing the
course under contract has not obtained approval for the
course under this chapter.
``(g) Notwithstanding subsections (e) and (f), the
Secretary may approve the enrollment of an eligible veteran
in a course approved under this chapter if the course is
offered by an educational institution under contract with the
Department of Defense or the Department of Transportation and
is given on or immediately adjacent to a military base, Coast
Guard station, National Guard facility, or facility of the
Selected Reserve.''.
(c) Approval of Accredited Courses.--Subsection (b) of
section 3675 is amended to read as follows:
``(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
[[Page H12125]]
and training of the eligible person or veteran that clearly
indicates that appropriate credit has been given by the
educational institution for previous education and training,
with the training period shortened proportionately.
``(3) The educational institution and its approved courses
meet the criteria of paragraphs (1), (2), and (3) of section
3676(c) of this title.''.
SEC. 104. ELIMINATION OF DISTINCTION BETWEEN OPEN CIRCUIT TV
AND INDEPENDENT STUDY.
(a) Veterans' Educational Assistance Program.--Subsection
(f) of section 3482 is amended by striking out ``in part''.
(b) Survivors' and Dependents' Educational Assistance.--
Section 3523 is amended--
(1) in subsection (a)(4), by inserting ``(including open
circuit television)'' after ``independent study program'' the
second place it appears; and
(2) in subsection (c), by striking out ``radio'' and all
that follows through the end and inserting in lieu thereof
``radio.''.
(c) Administration of Educational Benefits.--Subsection (c)
of section 3680A is amended by striking out ``radio'' and all
that follows through the end and inserting in lieu thereof
``radio.''.
SEC. 105. COOPERATIVE PROGRAMS.
(a) Chapter 30.--Section 3032 is amended by striking out
subsection (d) and redesignating subsections (e) and (f) as
subsections (d) and (e), respectively.
(b) Chapter 32.--Section 3231 is amended by striking out
subsection (d) and redesignating subsections (e) and (f) as
subsections (d) and (e), respectively.
(c) Chapter 35.--Subsection (b) of section 3532 is amended
by striking out ``$327'' and inserting in lieu thereof
``$404''.
(d) Chapter 1606.--Section 16131 of title 10, United States
Code, is amended--
(1) by striking out subsection (e) and redesignating
subsections (f), (g), (h), (i), and (j) as subsections (e),
(f), (g), (h), and (i), respectively; and
(2) in subsection (b)(1), by striking out ``(g)'' and
inserting in lieu thereof ``(f)''.
SEC. 106. ENROLLMENT OF CERTAIN VEAP PARTICIPANTS IN
MONTGOMERY GI BILL.
(a) In General.--Subchapter II of chapter 30 is amended by
inserting after section 3018B the following new section:
``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''.
SEC. 107. MONTGOMERY GI BILL ELIGIBILITY FOR CERTAIN ACTIVE
DUTY MEMBERS OF ARMY AND AIR NATIONAL GUARD.
(a) In General.--Paragraph (7) of section 3002 is amended
by striking out ``November 29, 1989'' and inserting in lieu
thereof ``June 30, 1985''.
(b) Application.--(1) An individual may only become
eligible for benefits under chapter 30 of title 38, United
States Code, as a result of the amendment made by subsection
(a) by making an election to become entitled to basic
educational assistance under such chapter. The election may
only be made during the 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.
TITLE II--HOUSING AND MEMORIAL AFFAIRS
Subtitle A--Housing
SEC. 201. EXTENSION OF ENHANCED LOAN ASSET SALE AUTHORITY.
Paragraph (2) of section 3720(h) is amended by striking out
``December 31, 1996'' and inserting in lieu thereof
``December 31, 1997''.
SEC. 202. DIRECT LOANS TO REFINANCE LOANS UNDER NATIVE
AMERICAN VETERAN HOUSING LOAN PILOT PROGRAM.
(a) Authority.--Section 3762 is amended--
(1) by redesignating subsection (h) as subsection (i); and
(2) by inserting after subsection (g) the following new
subsection (h):
``(h)(1) The Secretary may make direct loans to Native
American veterans in order to enable such veterans to
refinance existing loans made under this section.
``(2)(A) The Secretary may not make a loan under this
subsection unless the loan meets the requirements set forth
in subparagraphs (B), (C), and (E) of paragraph (1) of
section 3710(e) of this title.
``(B) The Secretary may not make a loan under this
subsection unless the loan will bear an interest rate at
least one percentage point less than the interest rate borne
by the loan being refinanced.
``(C) Paragraphs (2) and (3) of such section 3710(e) shall
apply to any loan made under this subsection, except that for
the purposes of this subsection the reference to subsection
(a)(8) of section 3710 of this title in such paragraphs (2)
and (3) shall be deemed to be a reference to this
subsection.''.
(b) Loan Fee.--Section 3729(a)(2)(E) is amended by striking
out ``or 3712(a)(1)(F)''
[[Page H12126]]
and inserting in lieu thereof ``3712(a)(1)(F), or 3762(h)''.
Subtitle B--Memorial Affairs
SEC. 211. CLARIFICATION OF ELIGIBILITY OF MINORS FOR BURIAL
IN NATIONAL CEMETERIES.
Section 2402(5) is amended by inserting after ``minor
child'' the following: ``(which for purposes of this chapter
includes a child under 21 years of age, or under 23 years of
age if pursuing a course of instruction at an approved
educational institution)''.
SEC. 212. BURIAL BENEFITS FOR CERTAIN VETERANS WHO DIE IN
STATE NURSING HOMES.
Subsection (a) of section 2303 is amended to read as
follows:
``(a)(1) When a veteran dies in a facility described in
paragraph (2), the Secretary shall--
``(A) pay the actual cost (not to exceed $300) of the
burial and funeral or, within such limits, may make contracts
for such services without regard to the laws requiring
advertisement for proposals for supplies and services for the
Department; and
``(B) when such a death occurs in a State, transport the
body to the place of burial in the same or any other State.
``(2) A facility described in this paragraph is--
``(A) a Department facility (as defined in section 1701(4)
of this title) to which the deceased was properly admitted
for hospital, nursing home, or domiciliary care under section
1710 or 1711(a) of this title; or
``(B) an institution at which the deceased veteran was, at
the time of death, receiving--
``(i) hospital care in accordance with section 1703 of this
title;
``(ii) nursing home care under section 1720 of this title;
or
``(iii) nursing home care for which payments are made under
section 1741 of this title.''.
SEC. 213. OUTER BURIAL RECEPTACLES.
(a) In General.--Subsection (d) of section 2306 is
amended--
(1) in paragraph (1), by striking out ``a grave liner''
each place it appears and inserting in lieu thereof ``an
outer burial receptacle'';
(2) in paragraph (2)--
(A) by striking out ``grave liners'' and inserting in lieu
thereof ``outer burial receptacles''; and
(B) by striking out ``specifications and procedures'' and
inserting in lieu thereof ``regulations or procedures''; and
(3) by adding at the end the following:
``(3) Regulations or procedures under paragraph (2) may
specify that--
``(A) an outer burial receptacle other than a grave liner
be provided in lieu of a grave liner at the election of the
survivors of the interred veteran; and
``(B) if an outer burial receptacle other than a grave
liner is provided in lieu of a grave liner upon an election
of such survivors, such survivors be required--
``(i) to pay the amount by which the cost of the outer
burial receptacle exceeds the cost of the grave liner that
would otherwise have been provided in the absence of the
election; and
``(ii) to pay the amount of the administrative costs
incurred by the Secretary (or, with respect to Arlington
National Cemetery, the Secretary of the Army) in providing
the outer burial receptacle in lieu of such grave liner.
``(4) Regulations or procedures under paragraph (2) may
provide for the use of a voucher system, or other system of
reimbursement approved by the Secretary (or, with respect to
Arlington National Cemetery, the Secretary of the Army), for
payment for outer burial receptacles other than grave liners
provided under such regulations or procedures.''.
(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.''.
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''.
SEC. 303. PILOT PROGRAM TO INTEGRATE AND STREAMLINE FUNCTIONS
OF LOCAL VETERANS' EMPLOYMENT REPRESENTATIVES.
(a) Authority To Conduct Pilot Program.--In order to assess
the effects on the timeliness and quality of services to
veterans resulting from re-focusing the staff resources of
local veterans' employment representatives, the Secretary of
Labor may conduct a pilot program under which the primary
responsibilities of local veterans' employment
representatives will be case management and the provision and
facilitation of direct employment and training services to
veterans.
(b) Authorities Under Chapter 41.--To implement the pilot
program, the Secretary of Labor may suspend or limit
application of those provisions of chapter 41 of title 38,
United States Code (other than sections 4104(b)(1) and (c))
that pertain to the Local Veterans' Employment Representative
Program in States designated by the Secretary under
subsection (d), except that the Secretary may use the
authority of such chapter, as the Secretary may determine, in
conjunction with the authority of this section, to carry out
the pilot program. The Secretary may collect such data as the
Secretary considers necessary for assessment of the pilot
program. The Secretary shall measure and evaluate on a
continuing basis the effectiveness of the pilot program in
achieving its stated goals in general, and in achieving such
goals in relation to their cost, their effect on related
programs, and their structure and mechanisms for delivery of
services.
(c) Targeted Veterans.--Within the pilot program, eligible
veterans who are among groups most in need of intensive
services, including disabled veterans, economically
disadvantaged veterans, and veterans separated within the
previous four years from active military, naval, or air
service shall be given priority for service by local
veterans' employment representatives. Priority for the
provision of service shall be given first to disabled
veterans and then to the other categories of veterans most in
need of intensive services in accordance with priorities
determined by the Secretary of Labor in consultation with
appropriate State labor authorities.
(d) States Designated.--The pilot program shall be limited
to not more than five States to be designated by the
Secretary of Labor.
(e) Reports to Congress.--(1) Not later than one year after
the date of the enactment of this Act, the Secretary of Labor
shall submit to the Committees on Veterans' Affairs of the
Senate and the House of Representatives an interim report
describing in detail the development and implementation of
the pilot program on a State by State basis.
(2) Not later than 120 days after the expiration of this
section under subsection (h), the Secretary of Labor shall
submit to the Committees on Veterans' Affairs of the Senate
and the House of Representatives a final report evaluating
the results of the pilot program and make recommendations
based on the evaluation, which may include legislative
recommendations.
(f) Definitions.--For the purposes of this section:
(1) The term ``veteran'' has the meaning given such term by
section 101(2) of title 38, United States Code.
(2) The term ``disabled veteran'' has the meaning given
such term by section 4211(3) of such title.
(3) The term ``active military, naval, or air service'' has
the meaning given such term by section 101(24) of such title.
(g) Allocation of Funds.--Any amount otherwise available
for fiscal year 1997, 1998, or 1999 to carry out section
4102A(b)(5) of title 38, United States Code, with respect to
a State designated by the Secretary of Labor pursuant to
subsection (d) shall be available to carry out the pilot
program during that fiscal year with respect to that State.
(h) Expiration Date.--The authority to carry out the pilot
program under this section shall expire on October 1, 1999.
Subtitle B--Technical Amendments Relating to the Uniformed Services
Employment and Reemployment Rights Act of 1994
SEC. 311. AMENDMENTS TO CHAPTER 43 OF TITLE 38, UNITED STATES
CODE.
Chapter 43 is amended as follows:
(1) Section 4301(a)(2) is amended by striking out ``under
honorable conditions''.
(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,
[[Page H12127]]
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,''.
SEC. 312. AMENDMENTS TO TRANSITION RULES AND EFFECTIVE DATES.
(a) Reemployment.--Section 8(a) of the Uniformed Services
Employment and Reemployment Rights Act of 1994 (Public Law
103-353; 108 Stat. 3175; 38 U.S.C. 4301 note) is amended--
(1) in paragraph (3), by adding at the end thereof the
following: ``Any service begun up to 60 days after the date
of the enactment of this Act, which is served up to 60 days
after the date of the enactment of this Act pursuant to
orders issued under section 502(f) of title 32, United States
Code, shall be considered under chapter 43 of title 38,
United States Code, as in effect on the day before such date
of enactment. Any service pursuant to orders issued under
such section 502(f) served after 60 days after the date of
the enactment of this Act, regardless of when begun, shall be
considered under the amendments made by this Act.''; and
(2) in paragraph (4), by striking out ``such period'' and
inserting in lieu thereof ``such 60-day period''.
(b) Insurance.--Section 8(c)(2) of such Act is amended by
striking out ``person on active duty'' and inserting in lieu
thereof ``person serving a period of service in the uniformed
services''.
SEC. 313. EFFECTIVE DATES.
(a) In General.--Except as provided in subsection (b), the
amendments made by this subtitle shall take effect as of
October 13, 1994.
(b) Reorganized Title 10 References.--The amendments made
by clause (i), and subclauses (I), (III), and (IV) of clause
(ii), of section 311(4)(B) shall take effect as of December
1, 1994.
TITLE IV--VETERANS LIFE INSURANCE PROGRAMS
SEC. 401. SHORT TITLE.
This title may be cited as the ``Veterans' Insurance Reform
Act of 1996''.
SEC. 402. MERGER OF RETIRED RESERVE SERVICEMEMBERS' GROUP
LIFE INSURANCE AND VETERANS' GROUP LIFE
INSURANCE AND EXTENSION OF VETERANS' GROUP LIFE
INSURANCE TO MEMBERS OF THE READY RESERVE.
(a) Definitions.--Section 1965(5) is amended--
(1) by adding ``and'' at the end of subparagraph (B);
(2) by striking out subparagraphs (C) and (D); and
(3) by redesignating subparagraph (E) as subparagraph (C).
(b) Persons Insured.--Section 1967 is amended--
(1) in subsection (a)--
(A) by inserting ``and'' at the end of paragraph (1);
(B) by striking out paragraphs (3) and (4); and
(C) in the matter following paragraph (2), by striking out
``or the first day a member of the Reserves, whether or not
assigned to the Retired Reserve of a uniformed service, meets
the qualifications of section 1965(5)(C) of this title, or
the first day a member of the Reserves meets the
qualifications of section 1965(5)(D) of this title,''; and
(2) by striking out subsection (d).
(c) Duration and Termination of Coverage.--Section 1968 is
amended--
(1) in subsection (a)--
(A) by striking out ``subparagraph (B), (C), or (D) of
section 1965(5)'' in the matter preceding paragraph (1) and
inserting in lieu thereof ``section 1965(5)(B)'';
(B) by striking out the period at the end of paragraphs (1)
and (2) and inserting in lieu thereof a semicolon;
(C) by striking out the period at the end of paragraph (3)
and inserting in lieu thereof ``; and'';
(D) in paragraph (4)--
(i) by striking out ``one hundred and twenty days after''
in the matter preceding subparagraph (A) and all that follows
through ``(A) unless on'' and inserting in lieu thereof ``120
days after separation or release from such assignment, unless
on'';
(ii) by striking out ``prior to the expiration of one
hundred and twenty days'' and inserting in lieu thereof
``before the end of 120 days'';
(iii) by striking out the semicolon after ``such
assignment'' and inserting in lieu thereof a period; and
(iv) by striking out subparagraphs (B) and (C); and
(E) by striking out paragraphs (5) and (6); and
(2) in subsection (b), by striking out the last two
sentences.
(d) Deductions.--Section 1969 is amended--
(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
[[Page H12128]]
any member of the Retired Reserve of a uniformed service
shall be converted to Veterans' Group Life Insurance
effective 90 days after the date of the enactment of this
Act.
SEC. 403. CONVERSION OF SGLI AND VGLI TO COMMERCIAL LIFE
INSURANCE POLICY.
(a) Option to Convert SGLI.--Subsection (b) of section
1968, as amended by section 402(c)(2), is amended--
(1) by inserting ``(1)'' after ``(b)'' at the beginning of
the subsection;
(2) by striking out ``would cease,'' in the first sentence
and all that follows through the period at the end of the
sentence and inserting in lieu thereof ``would cease--
``(A) shall be automatically converted to Veterans' Group
Life Insurance, subject to (i) the timely payment of the
initial premium under terms prescribed by the Secretary, and
(ii) the terms and conditions set forth in section 1977 of
this title; or
``(B) at the election of the member, shall be converted to
an individual policy of insurance as described in section
1977(e) of this title upon written application for conversion
made to the participating company selected by the member and
payment of the required premiums.''; and
(3) by designating the second sentence as paragraph (2) and
in that sentence striking out ``Such automatic conversion''
and inserting in lieu thereof ``Automatic conversion to
Veterans' Group Life Insurance under paragraph (1)''.
(b) VGLI Conversion.--Section 1977 is amended--
(1) in subsection (a)--
(A) by inserting ``(1)'' after ``(a)'';
(B) by striking out the last two sentences; and
(C) by adding at the end the following:
``(2) If any person insured under Veterans' Group Life
Insurance again becomes insured under Servicemembers' Group
Life Insurance but dies before terminating or converting such
person's Veterans' Group Insurance, Veterans' Group Life
Insurance shall be payable only if such person is insured for
less than $200,000 under Servicemembers' Group Life
Insurance, and then only in an amount which, when added to
the amount of Servicemembers' Group Life Insurance payable,
does not exceed $200,000.''; and
(2) in subsection (e)--
(A) in the first sentence, by inserting ``at any time''
after ``shall have the right''; and
(B) by striking out the third sentence and inserting in
lieu thereof the following: ``The Veterans' Group Life
Insurance policy converted to an individual policy under this
subsection shall terminate on the day before the date on
which the individual policy becomes effective.''.
SEC. 404. INFORMATION TO BE PROVIDED MEMBERS CONCERNING
AUTOMATIC MAXIMUM COVERAGE OF $200,000 UNDER
SERVICEMEN'S GROUP LIFE INSURANCE.
Section 1967, as amended by section 402(b), is further
amended by inserting after subsection (c) the following new
subsection (d):
``(d) Whenever a member has the opportunity to make an
election under subsection (a) not to be insured under this
subchapter, or to be insured under this subchapter in an
amount less than the maximum amount of $200,000, and at such
other times periodically thereafter as the Secretary
concerned considers appropriate, the Secretary concerned
shall furnish to the member general information concerning
life insurance. Such information shall include--
``(1) the purpose and role of life insurance in financial
planning;
``(2) the difference between term life insurance and whole
life insurance;
``(3) the availability of commercial life insurance; and
``(4) the relationship between Servicemembers' Group Life
Insurance and Veterans' Group Life Insurance.''.
SEC. 405. RENAMING OF SERVICEMEN'S GROUP LIFE INSURANCE
PROGRAM.
(a) In General.--The program of insurance operated by the
Secretary of Veterans Affairs under subchapter III of chapter
19 of title 38, United States Code, is hereby redesignated as
the Servicemembers' Group Life Insurance program.
(b) Amendments to Chapter 19.-- Chapter 19 is amended as
follows:
(1) The following provisions are amended by striking out
``Servicemen's Group Life Insurance'' each place it appears
and inserting in lieu thereof ``Servicemembers' Group Life
Insurance'':
(A) Subsections (a), (c), and (e) of section 1967.
(B) Section 1968(b).
(C) Subsections (a) through (d) of section 1969.
(D) Subsections (a), (f), and (g) of section 1970.
(E) Section 1971(b).
(F) Section 1973.
(G) The first sentence of section 1974(a).
(H) Subsections (a), (d), and (g) of section 1977.
(2)(A) The heading of subchapter III is amended to read as
follows:
``SUBCHAPTER III--SERVICEMEMBERS' GROUP LIFE INSURANCE''.
(B) The heading of section 1974 is amended to read as
follows:
``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.
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 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''.
SEC. 502. LIMITATION ON CLOTHING ALLOWANCE FOR INCARCERATED
VETERANS.
(a) Pro Rata Reduction.--Chapter 53 is amended by inserting
after section 5313 the following new section:
``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.''.
SEC. 503. EXTENSION OF VETERANS' CLAIMS ADJUDICATION
COMMISSION.
(a) Extension of Time for Submission of Final Report.--
Section 402(e)(2) of the Veterans' Benefits Improvements Act
of 1994 (Public Law 103-446; 108 Stat. 4661) is amended by
striking out ``Not later than 18 months after such date'' and
inserting in lieu thereof ``Not later than December 31,
1996''.
[[Page H12129]]
(b) Funding.--From amounts appropriated to the Department
of Veterans Affairs for each of fiscal years 1996 and 1997
for the payment of compensation and pension, the amount of
$75,000 is hereby made available for the activities of the
Veterans' Claims Adjudication Commission under title IV of
the Veterans' Benefits Improvements Act of 1994 (Public Law
103-446; 108 Stat. 4659; 38 U.S.C. 5101 note).
SEC. 504. PILOT PROGRAM FOR USE OF CONTRACT PHYSICIANS FOR
DISABILITY EXAMINATIONS.
(a) Authority.--The Secretary of Veterans Affairs, acting
through the Under Secretary for Benefits, may conduct a pilot
program under this section under which examinations with
respect to medical disability of applicants for benefits
under laws administered by the Secretary that are carried out
through the Under Secretary for Benefits may be made by
persons other than employees of the Department of Veterans
Affairs. Any such examination shall be performed pursuant to
contracts entered into by the Under Secretary for Benefits
with those persons.
(b) Limitation.--The Secretary may carry out the pilot
program under this section through not more than 10 regional
offices of the Department of Veterans Affairs.
(c) Source of Funds.--Payments for contracts under the
pilot program under this section shall be made from amounts
available to the Secretary of Veterans Affairs for payment of
compensation and pensions.
(d) Report to Congress.--Not later than three years after
the date of the enactment of this Act, the Secretary shall
submit to the Congress a report on the effect of the use of
the authority provided by subsection (a) on the cost,
timeliness, and thoroughness of medical disability
examinations.
SEC. 505. EXPANSION OF PERIOD OF VIETNAM ERA FOR CERTAIN
VETERANS.
(a) In General.--Paragraph (29) of section 101 is amended
to read as follows:
``(29) The term `Vietnam era' means the following:
``(A) The period beginning on February 28, 1961, and ending
on May 7, 1975, in the case of a veteran who served in the
Republic of Vietnam during that period.
``(B) The period beginning on August 5, 1964, and ending on
May 7, 1975, in all other cases.''.
(b) Limited Expansion for Specific Compensation Purposes.--
(1) Paragraphs (1)(B) and (3) of section 1116(a) are each
amended by striking out ``during the Vietnam era'' and
inserting in lieu thereof ``during the period beginning on
January 9, 1962, and ending on May 7, 1975,''.
(2) Paragraphs (1)(A), (2)(C), (2)(E), (2)(F), and (4) of
such section are amended by striking out ``during the Vietnam
era'' and inserting in lieu thereof ``during the period
beginning on January 9, 1962, and ending on May 7, 1975''.
(c) Limited Expansion for Specific Health Care Purposes.--
(1) The provision stipulated in paragraph (2) is amended--
(A) in clause (i), by striking out ``during the Vietnam
era,'' and inserting in lieu thereof ``during the period
beginning on January 9, 1962, and ending on May 7, 1975,'';
and
(B) in clause (ii), by striking out ``such era'' and
inserting in lieu thereof ``such period''.
(2) The provision referred to in paragraph (1)--
(A) if the Veterans' Health Care Eligibility Reform Act of
1996 is enacted as a measure of the One Hundred Fourth
Congress, is paragraph (4)(A) of section 1710(e) of title 38,
United States Code, as added by section 102 of such Act; and
(B) if such Act is not enacted as a measure of the One
Hundred Fourth Congress, is paragraph (1)(A) of section
1710(e) of such title.
(d) Effective Date.--The amendments made by this section
shall take effect on January 1, 1997. No benefit may be paid
or provided by reason of such amendments for any period
before such date.
SEC. 506. PAYMENT OF BENEFIT TO SURVIVING SPOUSE FOR MONTH IN
WHICH VETERAN DIES.
(a) Benefit for Month of Death.--Section 5310 is amended--
(1) by inserting ``(a)'' before ``If, in accordance with'';
and
(2) by adding at the end the following:
``(b)(1) If the surviving spouse of a veteran who was in
receipt of compensation or pension at the time of death is
not entitled to death benefits under chapter 11, 13, or 15 of
this title for the month in which the veteran's death occurs,
that surviving spouse shall be entitled to a benefit for that
month in the amount of benefits the veteran would have
received under chapter 11 or 15 of this title for that month
but for the death of the veteran.
``(2) If (notwithstanding section 5112(b)(1) of this title)
a check or other payment is issued to, and in the name of,
the deceased veteran as a benefit payment under chapter 11 or
15 of this title for the month in which death occurs, that
check or other payment (A) shall be treated for all purposes
as being payable to the surviving spouse, and (B) if that
check or other payment is negotiated or deposited, shall be
considered to be the benefit to which the surviving spouse is
entitled under this paragraph. However, if such check or
other payment is in an amount less than the amount of the
benefit under paragraph (1), the unpaid amount shall be
treated in the same manner as an accrued benefit under
section 5121 of this title.''.
(b) Effective Date.--The amendments made by this section
shall apply with respect to the death of compensation and
pension recipients occurring after December 31, 1996.
SEC. 507. INCREASE IN PERIOD FOR WHICH ACCRUED BENEFITS
PAYABLE.
Subsection (a) of section 5121 is amended by striking out
``one year'' in the matter preceding paragraph (1) and
inserting in lieu thereof ``two years''.
SEC. 508. APPOINTMENT OF VETERANS SERVICE ORGANIZATIONS AS
CLAIMANTS' REPRESENTATIVES.
(a) Power of Attorney Naming a Veterans Service
Organization.--Section 5902 is amended--
(1) by redesignating subsection (c) as subsection (d); and
(2) by inserting after subsection (b) the following new
subsection (c):
``(c)(1) Unless a claimant specifically indicates in a
power of attorney filed with the Department a desire to
appoint only a recognized representative of an organization
listed in or approved under subsection (a), the Secretary
may, for any purpose, treat the power of attorney naming such
an organization, a specific office of such an organization,
or a recognized representative of such an organization as the
claimant's representative as an appointment of the entire
organization as the claimant's representative.
``(2) Whenever the Secretary is required or permitted to
notify a claimant's representative, and the claimant has
named in a power of attorney an organization listed in or
approved under subsection (a), a specific office of such an
organization, or a recognized representative of such an
organization without specifically indicating a desire to
appoint only a recognized representative of the 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.
SEC. 509. PROVISION OF COPIES OF BOARD OF VETERANS' APPEALS
DECISIONS.
Subsection (e) of section 7104 is amended to read as
follows:
``(e)(1) After reaching a decision on a case, the Board
shall promptly mail a copy of its written decision to the
claimant at the last known address of the claimant.
``(2) If the claimant has an authorized representative, the
Board shall--
``(A) mail a copy of its written decision to the authorized
representative at the last known address of the authorized
representative; or
``(B) send a copy of its written decision to the authorized
representative by any means reasonably likely to provide the
authorized representative with a copy of the decision within
the same time a copy would be expected to reach the
authorized representative if sent by first-class mail.''.
SEC. 510. LIMITATION ON RELOCATION OR REDUCTION IN STAFFING
OF CERTAIN ELEMENTS OF THE EDUCATION SERVICE OF
THE VETERANS BENEFITS ADMINISTRATION.
No funds available to the Department of Veterans Affairs
may be obligated or expended before January 1, 1998, to
relocate any function of, or to reduce the number of
personnel assigned to, any of the following elements of the
Veterans Benefits Administration of the Department of
Veterans Affairs:
(1) The Office of Education Procedures Systems.
(2) The Office of Education Operations.
(3) The Office of Education Policy and Program
Administration.
TITLE VI--OTHER MATTERS
SEC. 601. EXTENSION OF CERTAIN AUTHORITIES FOR SERVICES FOR
HOMELESS VETERANS.
(a) Authority for Community-Based Residential Care for
Homeless Chronically Mentally Ill Veterans and Other
Veterans.--Section 115(d) of the Veterans' Benefits and
Services Act of 1988 (38 U.S.C. 1712 note) is amended by
striking out ``December 31, 1997'' and inserting in lieu
thereof ``December 31, 1998''.
(b) Authorizations of Appropriations for Homeless Veterans
Reintegration Projects.--Section 738(e)(1) of the Stewart B.
McKinney Homeless Assistance Act (42 U.S.C. 11448(e)(1)) is
amended by adding at the end the following:
``(E) $10,000,000 for fiscal year 1997.
``(F) $10,000,000 for fiscal year 1998.''.
SEC. 602. REPAIR AND LONG-TERM MAINTENANCE OF WAR MEMORIALS.
(a) Repair and Long-term Maintenance of War Memorials.--
Section 5(b)(2) of the Act entitled ``An Act for the creation
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).
[[Page H12130]]
``(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.''.
TITLE VII--COMMISSION ON SERVICEMEMBERS AND VETERANS TRANSITION
ASSISTANCE
SEC. 701. ESTABLISHMENT OF COMMISSION.
(a) Establishment.--There is established a commission to be
known as the Commission on Servicemembers and Veterans
Transition Assistance (hereafter in this title referred to as
the ``Commission'').
(b) Membership.--(1) The Commission shall be composed of 12
members appointed from among private United States citizens
with appropriate and diverse experiences, expertise, and
historical perspectives on veterans, military,
organizational, and management matters. The members shall be
appointed as follows:
(A) Four shall be appointed jointly by the chairman and
ranking minority member of the Committee on Veterans' Affairs
of the House of Representatives.
(B) Four shall be appointed jointly by the chairman and
ranking minority member of the Committee on Veterans' Affairs
of the Senate.
(C) Two shall be appointed jointly by the chairman and
ranking minority member of the Committee on National Security
of the House of Representatives.
(D) Two shall be appointed jointly by the chairman and
ranking minority member of the Committee on Armed Services of
the Senate.
(2)(A) One member of the Commission appointed under each of
subparagraphs (A) and (B) of paragraph (1) shall be a
representative of a veterans service organization.
(B) To the maximum extent practicable, the individuals
appointed under paragraph (1) as members of the Commission
shall be veterans.
(C) Not more than seven of the members of the Commission
may be members of the same political party.
(3) In addition to the members appointed under paragraph
(1), the following shall be nonvoting members of the
Commission:
(A) The Under Secretary for Benefits of the Department of
Veterans Affairs.
(B) The Assistant Secretary of Defense for Force Management
and Personnel.
(C) The Assistant Secretary of Labor for Veterans'
Employment and Training.
(4) The appointments of members of the Commission shall, to
the maximum extent practicable, be made after consultation
with representatives of veterans service organizations.
(5) The appointments of the members of the Commission shall
be made not later than 45 days after the date of the
enactment of this Act.
(c) Period of Appointment; Vacancies.--Members shall be
appointed for the life of the Commission. Any vacancy in the
Commission shall not affect its powers, but shall be filled
in the same manner as the original appointment.
(d) Initial Meeting.--Not later than 30 days after the date
on which all members of the Commission have been appointed
under subsection (b)(1), the Commission shall hold its first
meeting.
(e) Quorum.--A majority of the members of the Commission
shall constitute a quorum, but a lesser number may hold
hearings.
(f) Chairman and Vice Chairman.--The Commission shall
select a chairman and vice chairman from among its members.
(g) Meetings.--The Commission shall meet at the call of the
chairman of the Commission.
(h) Panels.--The Commission may establish panels composed
of less than the full membership of the Commission for the
purpose of carrying out the Commission's duties. The actions
of such panels shall be subject to the review and control of
the Commission. Any findings and determinations made by such
a panel shall not be considered the findings and
determinations of the Commission unless approved by the
Commission.
(i) Authority of Individuals To Act for Commission.--Any
member or agent of the Commission may, if authorized by the
Commission, take any action which the Commission is
authorized to take under this title.
SEC. 702. DUTIES OF COMMISSION.
(a) In General.--The Commission shall--
(1) review the adequacy and effectiveness of veterans
transition assistance and benefits programs in providing
assistance to members of the Armed Forces in making the
transition and adjustment to civilian life;
(2) review the allocation under law of responsibility for
the administration of veterans transition assistance and
benefits programs among the various departments and agencies
of the Government and determine the feasibility and
desirability of consolidating such administration;
(3) evaluate proposals for improving such programs,
including proposals for alternative means of providing
services delivered by such programs; and
(4) make recommendations to Congress regarding the need for
improvements in such programs.
(b) Review of Programs To Assist Members of the Armed
Forces at Separation.--(1) While carrying out the general
duties specified in subsection (a), the members of the
Commission appointed under subparagraphs (C) and (D) of
section 701(b)(1) and the member specified in subparagraph
(B) of section 701(b)(3) shall review primarily the programs
intended to assist members of the Armed Forces at the time of
their separation from service in the Armed Forces, including
programs designed to assist families of such members.
(2) In carrying out the review, those members of the
Commission shall determine the following:
(A) The adequacy of the programs referred to in paragraph
(1) for their purposes.
(B) The adequacy of the support of the Armed Forces for
such programs.
(C) The adequacy of funding levels for such programs.
(D) The effect, if any, of the existence of such programs
on military readiness.
(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.
[[Page H12131]]
(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.
SEC. 703. POWERS OF COMMISSION.
(a) Hearings.--The Commission may hold such hearings, sit
and act at such times and places, take such testimony, and
receive such evidence as the Commission considers advisable
to carry out the purposes of this title.
(b) Information From Federal Agencies.--The Commission may
secure directly from the Department of Defense, the
Department of Veterans Affairs, and any other department or
agency of the Government such information as the Commission
considers necessary to carry out its duties under this title.
Upon request of the chairman of the Commission, the head of
such department or agency shall furnish such information
expeditiously to the Commission.
SEC. 704. MISCELLANEOUS ADMINISTRATIVE PROVISIONS.
(a) Postal Services.--The Commission may use the United
States mails in the same manner and under the same conditions
as other departments and agencies of the Government.
(b) Gifts.--The Commission may accept, use, and dispose of
gifts or donations of services or property.
(c) Miscellaneous Administrative Support.--The Secretary of
Defense, the Secretary of Veterans Affairs, and the Secretary
of Labor shall, upon the request of the chairman of the
Commission, furnish the Commission, on a reimbursable basis,
any administrative and support services as the Commission may
require.
SEC. 705. COMMISSION PERSONNEL MATTERS.
(a) Compensation of Members.--Each member of the Commission
may be compensated at a rate equal to the daily equivalent of
the annual rate of basic pay prescribed for level IV of the
Executive Schedule under section 5315 of title 5, United
States Code, for each day (including travel time) during
which such member is engaged in performing the duties of the
Commission.
(b) Travel and Travel Expenses.--(1) Members and personnel
of the Commission may travel on military aircraft, military
vehicles, or other military conveyances when travel is
necessary in the performance of a duty of the Commission
except when the cost of commercial transportation is less
expensive.
(2) The members of the Commission may be allowed travel
expenses, including per diem in lieu of subsistence, at rates
authorized for employees of agencies under subchapter I of
chapter 57 of title 5, United States Code, while away from
their homes or 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.
SEC. 706. TERMINATION OF COMMISSION.
The Commission shall terminate 90 days after the date on
which it submits its report under section 702(d)(2).
SEC. 707. DEFINITIONS.
For the purposes of this title:
(1) The term ``veterans transition assistance and benefits
program'' means any program of the Government the purpose of
which is--
(A) to assist, by rehabilitation or other means, members of
the Armed Forces in readjusting or otherwise making the
transition to civilian life upon their separation from
service in the Armed Forces; or
(B) to assist veterans in making the transition to civilian
life.
(2) The term ``Armed Forces'' has the meaning given such
term in section 101(10) of title 38, United States Code.
(3) The term ``veteran'' has the meaning given such term in
section 101(2) of title 38, United States Code.
(4) The term ``veterans service organization'' means any
organization covered by section 5902(a) of title 38, United
States Code.
SEC. 708. FUNDING.
(a) In General.--The Secretary of Defense shall, upon the
request of the chairman of the Commission, make available to
the Commission such amounts as the Commission may require to
carry out its duties under this title. The Secretary shall
make 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.
The Senate bill was ordered to be read a third time, was read the
third time, and passed, and a motion to reconsider was laid on the
table.
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