[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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