[Congressional Record Volume 142, Number 137 (Saturday, September 28, 1996)]
[Senate]
[Pages S11774-S11794]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
VETERANS' BENEFITS IMPROVEMENTS ACT OF 1996
Mr. NICKLES. Mr. President, I ask unanimous consent that the Senate
now proceed to the consideration of Calendar No. 625, S. 1711.
The PRESIDING OFFICER. The clerk will report.
The legislative clerk read as follows:
A bill (S.1711) to establish a commission to evaluate the
programs of the Federal Government and assist members of the
Armed Forces and veterans in readjusting to civilian life,
and for other purposes.
The PRESIDING OFFICER. Is there objection to the immediate
consideration of the bill?
There being no objection, the Senate proceeded to consider the
bill, which had been reported from the Committee on Veterans' Affairs,
with an amendment to strike all after the enacting clause and inserting
in lieu thereof the following:
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--COMMISSION ON TRANSITION ASSISTANCE
Sec. 101. Establishment of commission.
Sec. 102. Duties of commission.
Sec. 103. Powers of commission.
Sec. 104. Miscellaneous administrative provisions.
Sec. 105. Commission personnel matters.
Sec. 106. Termination of commission.
Sec. 107. Definitions.
Sec. 108. Funding.
TITLE II--LIFE INSURANCE PROGRAMS
Sec. 201. Short title.
Sec. 202. Removal of gender references with respect to Servicemen's
Group Life Insurance.
Sec. 203. Conversion of retired reservist Servicemembers' Group Life
Insurance to Veterans' Group Life Insurance and extension
of Veterans' Group Life Insurance to members of the Ready
Reserves.
Sec. 204. Conversion of SGLI and VGLI to commercial life insurance.
Sec. 205. Technical amendment.
TITLE III--BENEFITS PROVISIONS
Sec. 301. Expansion of period of Vietnam era for certain veterans.
Sec. 302. Revision of authority relating to centers for minority
veterans and women veterans.
Sec. 303. Outer burial receptacles.
Sec. 304. Clarification of eligibility of minors for burial in national
cemeteries.
[[Page S11775]]
Sec. 305. Extension of authority to treat alternative teacher
certification programs as educational institutions for
certain educational assistance purposes.
Sec. 306. Direct loans to refinance loans under Native American Veteran
Housing Loan Pilot Program.
Sec. 307. Clothing allowance for incarcerated veterans.
Sec. 308. Appointment of veterans service organizations as claimants'
representatives.
Sec. 309. Provision of copies of Board of Veterans' Appeals decisions.
Sec. 310. Extension of certain authorities for services for homeless
veterans.
TITLE IV--EMPLOYMENT AND REEMPLOYMENT RIGHTS OF MEMBERS OF THE
UNIFORMED SERVICES
Sec. 401. Purposes.
Sec. 402. Definitions.
Sec. 403. Discrimination against persons who serve in the uniformed
services and acts of reprisal prohibited.
Sec. 404. Reemployment rights of persons who serve in the uniformed
services.
Sec. 405. Reemployment positions.
Sec. 406. Leave.
Sec. 407. Health plans.
Sec. 408. Employee pension benefit plans.
Sec. 409. Enforcement of employment or reemployment rights.
Sec. 410. Enforcement of rights with respect to a State or private
employer.
Sec. 411. Enforcement of rights with respect to Federal executive
agencies.
Sec. 412. Enforcement of rights with respect to certain Federal
agencies.
Sec. 413. Conduct of investigation; subpoenas.
Sec. 414. Transition rules and effective dates.
Sec. 415. Effective dates.
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--COMMISSION ON TRANSITION ASSISTANCE
SEC. 101. ESTABLISHMENT OF COMMISSION.
(a) Establishment.--There is established a commission to be
known as the Commission on Service Members 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, of whom--
(A) four shall be appointed by the Chairman of the
Committee on Veterans' Affairs of the Senate, in consultation
with the Ranking Member of that committee;
(B) four shall be appointed by the Chairman of the
Committee on Veterans' Affairs of the House of
Representatives, in consultation with the Ranking Member of
that committee;
(C) two shall be appointed by the Chairman of the Committee
on Armed Services of the Senate, in consultation with the
Ranking Member of that committee; and
(D) two shall be appointed by the Chairman of the Committee
on National Security of the House of Representatives, in
consultation with the Ranking Member of that committee.
(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 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) The appointments of members of the Commission shall, to
the maximum extent practicable, be made after consultation
with representatives of veterans service organizations.
(4) The appointments of the members of the Commission shall
be made not later than 45 days after the date of 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,
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. 102. DUTIES OF COMMISSION.
(a) In General.--The Commission shall--
(1) review the efficacy and appropriateness of veterans
transition and assistance programs in providing assistance to
members of the Armed Forces in making the transition and
adjustment to civilian life upon their separation from the
Armed Forces and in providing assistance to veterans in
making the transition to, and adjusting to, civilian life;
(2) review the allocation under law of responsibility for
the administration of veterans transition and assistance
programs among the various departments and agencies of the
Federal Government and determine the feasibility and
desirability of consolidating such administration in one such
department or agency;
(3) evaluate proposals for improving such programs,
including proposals to consolidate, streamline, and enhance
the provision of such assistance and proposals for
alternative means of providing such assistance; and
(4) make recommendations to Congress regarding means of
ensuring the continuing utility of such programs and
assistance and of otherwise improving such programs and the
provision of such assistance.
(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 101(b)(1) 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 in
preparing for the transition of such members from military
life to civilian life and to facilitate that transition.
(2) In carrying out the review, such members of the
Commission shall determine--
(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 effect, if any, of the existence of such programs
on military readiness;
(D) the extent to which such programs provide members of
the Armed Forces with job-search skills;
(E) the extent to which such programs prepare such members
for employment in the private sector and in the public
sector;
(F) the effectiveness of such programs in assisting such
members in finding employment in the public sector upon their
separation from service; and
(G) the ways in which such programs could be improved in
order to assist such members in securing meaningful
employment in the private sector upon their separation from
service.
(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 101(b)(1) shall--
(A) review the adequacy of programs intended to assist
veterans (including disabled veterans, homeless veterans, and
economically disadvantaged veterans) in adjusting to civilian
life, including the programs referred to in paragraph (2);
and
(B) consider--
(i) whether the scope, focus, or content of such programs
should be changed as a result of the conversion of the Armed
Forces to an all-volunteer force; and
(ii) whether responsibility for administration of such
programs should be transferred to a department or agency
other than the Department of Veterans Affairs as a result of
such conversion and, if so, the department or agency to which
the administration should be transferred.
(2) The programs referred to in paragraph (1)(A) are the
following:
(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) Federal 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.
(d) Reports.--(1) Not later than 90 days after the date on
which all members of the Commission have been appointed, 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, and the heads of other appropriate
departments and agencies of the Federal Government.
(2)(A) Not later than one year 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, the Secretary
of Labor, and the Secretary of Education, 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 and
the Secretary of Veterans Affairs shall jointly transmit the
report to Congress, together with the Secretaries' comments
on the report.
[[Page S11776]]
SEC. 103. 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 Federal 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. 104. 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 Federal 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 and the Secretary of Veterans Affairs 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. 105. COMMISSION PERSONNEL MATTERS.
(a) Compensation of Members.--Each member of the Commission
shall 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 shall 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 such other additional
personnel 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 personnel
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 Federal 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. 106. TERMINATION OF COMMISSION.
The Commission shall terminate 90 days after the date on
which the Commission submits its report under section
102(d)(2).
SEC. 107. DEFINITIONS.
For the purposes of this title--
(1) The term ``veterans transition and assistance program''
means any program of the Federal Government, including the
Department of Defense, the Department of Veterans Affairs,
the Department of Labor, and the Department of Education, 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. 108. 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.
(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.
TITLE II--LIFE INSURANCE PROGRAMS
SEC. 201. SHORT TITLE.
This title may be cited as the ``Veterans' Insurance Reform
Act of 1996''.
SEC. 202. REMOVAL OF GENDER REFERENCES WITH RESPECT TO
SERVICEMEN'S GROUP LIFE INSURANCE.
(a) In General.--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'':
(1) Subsections (a), (c), and (e) of section 1967.
(2) Subsections (a) through (d) of section 1969.
(3) Subsections (a), (f), and (g) of section 1970.
(4) Section 1971(b).
(5) Section 1973.
(6) The text of section 1974(a).
(7) Subsections (a) (other than the third and fourth
sentences), (d), and (g) of section 1977.
(8) Section 3017(a)(2)(A)(i).
(9) Section 3224(1).
(b) Conforming and Clerical Amendments.--(1) Section
1315(f)(1)(F) is amended by striking out ``servicemen's group
life insurance'' and inserting in lieu thereof
``servicemembers' group life insurance''.
(2)(A) The heading of subchapter III of chapter 19 is
amended to read as follows:
``SUBCHAPTER III--SERVICEMEMBERS' GROUP LIFE INSURANCE''.
(B) The item relating to such subchapter in the table of
sections at the beginning of such chapter is amended to read
as follows:
``Subchapter III--Servicemembers' Group Life Insurance''.
(3)(A) The section head of section 1974 is amended to read
as follows:
``Sec. 1974. Advisory Council on Servicemembers' Group Life
Insurance''.
(B) The item relating to such section in the table of
sections at the beginning of chapter 19 is amended to read as
follows:
``1974. Advisory Council on Servicemembers' Group Life Insurance.''.
(d) References.--(1) Any reference to 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.
(2) Any reference 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 the Advisory
Council on Servicemembers' Group Life Insurance.
SEC. 203. CONVERSION OF RETIRED RESERVIST SERVICEMEMBERS'
GROUP LIFE INSURANCE TO VETERANS' GROUP LIFE
INSURANCE AND EXTENSION OF VETERANS' GROUP LIFE
INSURANCE TO MEMBERS OF THE READY RESERVES.
(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 adding ``and'' at the end of paragraph (1);
(B) by striking out paragraphs (3) and (4); and
(C) in the full sentence 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,'';
(2) by striking out subsection (d); and
(3) by redesignating subsection (e) as subsection (d).
(c) Duration and Termination of Coverage.--Section 1968(a)
is amended--
(1) 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)'';
(2) by striking out paragraph (4) and inserting in lieu
thereof the following new paragraph (4):
``(4) with respect to a member of the Ready Reserve of a
uniformed service who meets the qualifications set forth in
section 1965(5)(B) of this title, one hundred and twenty days
after separation or release from such assignment, unless on
the date of such separation or release the member is totally
disabled, under criteria established by the Secretary, in
which event the insurance shall cease one year after the date
of separation or release from such assignment, or on the date
the insured ceases to be totally disabled, whichever is the
earlier date, but in no event prior to the expiration of one
hundred and twenty days after separation or release from
such assignment.''; and
(3) by striking out paragraphs (5) and (6).
(d) Deductions.--Section 1969 is amended--
(1) in subsection (a)(2), by striking out ``is assigned to
the Reserve (other than the Retired Reserve)'' and all that
follows through ``section 1965(5)(D) of this title,'';
(2) by striking out subsection (e); and
(3) by redesignating subsections (f) and (g) as subsections
(e) and (f), respectively.
(e) Conversion of SGLI to VGLI.--The Servicemembers' Group
Life Insurance of any
[[Page S11777]]
member of the Retired Reserve of a uniformed service shall be
converted to Veterans' Group Life Insurance effective 90 days
after the date of enactment of this Act.
SEC. 204. CONVERSION OF SGLI AND VGLI TO COMMERCIAL LIFE
INSURANCE.
(a) Option To Convert SGLI.--Subsection (b) of section 1968
is amended to read as follows:
``(b)(1) Each policy purchased under this subchapter shall
contain a provision, in terms approved by the Secretary,
that, except as hereinafter provided, Servicemembers' Group
Life Insurance which is continued in force after expiration
of the period of duty or travel under section 1967(b) or
1968(a) of this title, effective the day after the date such
insurance would cease, shall, at the election of the member
or former member concerned--
``(A) 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) 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.
``(2) Automatic conversion under paragraph (1)(A) shall be
effective only in the case of an otherwise eligible member or
former member who is separated or released from a period of
active duty or active duty for training or inactive duty
training on or after the date on which the Veterans' Group
Life Insurance program (provided for under section 1977 of
this title) becomes effective.''.
(b) Conversion of VGLI.--Section 1977 is amended--
(1) in subsection (a), by striking out the fourth and fifth
sentences and inserting in lieu thereof the following
sentence: ``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 Life Insurance to Servicemembers'
Group Life Insurance, Veterans' Group Life Insurance will 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 shall not exceed $200,000.'';
and
(2) in subsection (e), by striking out the third sentence
and inserting in lieu thereof the following new sentence: ``A
Veterans' Group Life Insurance policy converted to an
individual policy under this subsection shall terminate on
the date before the date on which the individual policy
becomes effective.''.
SEC. 205. TECHNICAL AMENDMENT.
Section 1977(a) is amended by striking out ``and (e)'' each
place it appears in the first and second sentences.
TITLE III--BENEFITS PROVISIONS
SEC. 301. EXPANSION OF PERIOD OF VIETNAM ERA FOR CERTAIN
VETERANS.
(a) In General.--Section 101(29) of title 38, United States
Code, 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 such period.
``(B) The period beginning on August 5, 1964, and ending on
May 7, 1975, in all other cases.''.
(b) Limited Expansion for Specific Purposes.--(1)(A)
Paragraphs (1)(B) and (3) of section 1116(a) of such title
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,''.
(B) Paragraphs (1)(A), (2)C), (2)(E), (2)(F), and (4) of
such section 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) Section 1710(e)(1)(A) of such title 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''.
(c) 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. 302. 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. 303. 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 concerned 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 concerned, for
payment for outer burial receptacles other than grave liners
provided under such regulations or procedures.''.
(b) Conforming Amendments.--(1) The section 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.''.
SEC. 304. 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. 305. EXTENSION OF AUTHORITY TO TREAT ALTERNATIVE TEACHER
CERTIFICATION PROGRAMS AS EDUCATIONAL
INSTITUTIONS FOR CERTAIN EDUCATIONAL ASSISTANCE
PURPOSES.
Section 3452(c) is amended in the second sentence by
striking out ``September 30, 1996'' and inserting in lieu
thereof ``December 31, 1998''.
SEC. 306. 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.''.
[[Page S11778]]
(b) Loan Fee.--Section 3729(a)(2)(E) of such title is
amended by striking out ``or 3712(a)(1)(F)'' and inserting in
lieu thereof ``3712(a)(1)(F), or 3762(h)''.
SEC. 307. CLOTHING ALLOWANCE FOR INCARCERATED VETERANS.
(a) In General.--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 incarcerated in a Federal,
State, or local penal institution for a period in excess of
sixty days and furnished clothing without charge by the
institution, the amount of any clothing allowance payable to
the veteran under section 1162 of this title shall be reduced
by an amount equal to \1/365\th of the amount of the
allowance otherwise payable under that section for each day
during the 12-month period preceding the date of the payment
of the allowance on which the veteran was so incarcerated.''.
(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. 308. 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. 309. PROVISION OF COPIES OF BOARD OF VETERANS' APPEALS
DECISIONS.
Section 7104(e) 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. 310. 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.''.
TITLE IV--EMPLOYMENT AND REEMPLOYMENT RIGHTS OF MEMBERS OF THE
UNIFORMED SERVICES
SEC. 401. PURPOSES.
Section 4301(a)(2) is amended by striking out ``under
honorable conditions''.
SEC. 402. DEFINITIONS.
Section 4303(16) is amended by inserting ``national''
before ``emergency''.
SEC. 403. DISCRIMINATION AGAINST PERSONS WHO SERVE IN THE
UNIFORMED SERVICES AND ACTS OF REPRISAL
PROHIBITED.
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. This subsection shall apply with respect to a person
regardless of whether the person has performed service in the
uniformed services.
``(c) An employer shall be considered to have engaged in
actions prohibited--
``(1) under subsection (a), if the person's membership,
application for membership, service, application for service,
or obligation for service in the uniformed services is a
motivating factor in the employer's action, unless the
employer can prove that the action would have been taken in
the absence of such membership, application for membership,
service, application for service, or obligation for service;
or
``(2) under subsection (b), if the person's (A) action to
enforce a protection afforded any person under this chapter,
(B) testimony or making of a statement in or in connection
with any proceeding under this chapter, (C) assistance or
other participation in an investigation under this chapter,
or (D) exercise of a right provided for in this chapter, is a
motivating factor in the employer's action, unless the
employer can prove that the action would have been taken
in the absence of such person's enforcement action,
testimony, statement, assistance, participation, or
exercise of a right.
``(d) The prohibitions in subsections (a) and (b) shall
apply to any position of employment, including a position
covered by section 4312(d)(1)(C).''.
SEC. 404. REEMPLOYMENT RIGHTS OF PERSONS WHO SERVE IN THE
UNIFORMED SERVICES.
(a) Inclusion of Preparation and Travel Time Prior to
Service.--Section 4312(a) is amended 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) Limitation on Service Exemption to War or National
Emergency.--Section 4312(c)(4)(B) is amended 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;''.
(c) Brief, Nonrecurrent Periods of Service.--Section
4312(d)(2)(C) is amended 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''.
(d) Conforming Amendments to Redesignations in Title 10.--
Section 4312(c) is amended--
(1) in paragraph (3), by striking out ``section 270'' and
inserting in lieu thereof ``section 10147''; and
(2) in paragraph (4)--
(A) 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'';
(B) by striking out ``section 673b'' in subparagraph (C)
and inserting in lieu thereof ``section 12304''; and
(C) by striking out ``section 3500 or 8500'' in
subparagraph (E) and inserting in lieu thereof ``section
12406''.
SEC. 405. REEMPLOYMENT POSITIONS.
Section 4313(a)(4) is amended--
(1) by striking out ``uniform services'' in subparagraph
(A)(ii) and inserting in lieu thereof ``uniformed services'';
and
(2) 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''.
SEC. 406. LEAVE.
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.''.
SEC. 407. HEALTH PLANS.
Section 4317(a) is amended--
(1) by striking out ``(a)(1)(A) Subject to paragraphs (2)
and (3), in'' and inserting in lieu thereof ``(a)(1) In'';
(2) by redesignating clauses (i) and (ii) of paragraph (1)
(as amended by paragraph (1) of this section) as
subparagraphs (A) and (B), respectively;
(3) by redesignating subparagraph (B) as paragraph (2); and
(4) 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.
SEC. 408. EMPLOYEE PENSION BENEFIT PLANS.
The last sentence of section 4318(b)(2) is amended by
striking out ``services,'' and inserting in lieu thereof
``services, such payment period''.
SEC. 409. ENFORCEMENT OF EMPLOYMENT OR REEMPLOYMENT RIGHTS.
(a) Technical Amendment.--The second sentence of section
4322(d) is amended by inserting ``attempt to'' before
``resolve''.
(b) Notification.--Section 4322(e) is amended--
(1) 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
(2) in paragraph (2), by inserting ``or the Office of
Personnel Management'' after ``Federal executive agency''.
SEC. 410. ENFORCEMENT OF RIGHTS WITH RESPECT TO A STATE OR
PRIVATE EMPLOYER.
Section 4323(a) is amended--
(1) in paragraph (1), by striking out ``of an unsuccessful
effort to resolve a complaint''; and
[[Page S11779]]
(2) in paragraph (2)(A), by striking out ``regarding the
complaint under section 4322(c)'' and inserting in lieu
thereof ``under section 4322(a)''.
SEC. 411. ENFORCEMENT OF RIGHTS WITH RESPECT TO FEDERAL
EXECUTIVE AGENCIES.
(a) Referral.--Section 4324(a)(1) is amended by striking
out ``of an unsuccessful effort to resolve a complaint
relating to a Federal executive agency''.
(b) Alternative Submission of Complaint.--Section 4324(b)
is amended--
(1) in the matter preceding paragraph (1), by inserting
``or the Office of Personnel Management'' after ``Federal
executive agency''; and
(2) in paragraph (1), by striking out ``regarding a
complaint under section 4322(c)'' and inserting in lieu
thereof ``under section 4322(a)''.
(c) Relief.--Section 4324(c)(2) is amended--
(1) by inserting ``or the Office of Personnel Management''
after ``Federal executive agency''; and
(2) by striking out ``employee'' and inserting in lieu
thereof ``Office''.
SEC. 412. ENFORCEMENT OF RIGHTS WITH RESPECT TO CERTAIN
FEDERAL AGENCIES.
Section 4325(d)(1) is amended--
(1) by striking out ``, alternative employment in the
Federal Government under this chapter,''; and
(2) by striking out ``employee'' the last place it appears
and inserting in lieu thereof ``employees''.
SEC. 413. CONDUCT OF INVESTIGATION; SUBPOENAS.
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. 414. 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 enactment of this Act, which is served up to 60 days after
the date of 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 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. 415. EFFECTIVE DATES.
(a) In General.--Except as provided in subsection (b), the
amendments made by this title shall take effect as of October
13, 1994.
(b) Reorganized Title 10 References.--The amendments made
by section 404(d) of this Act shall take effect as of
December 1, 1994.
Amendment No. 5418
Mr. NICKLES. Mr. President, Senator Simpson has an amendment at the
desk, and I ask for its immediate consideration.
The PRESIDING OFFICER. The clerk will report.
The legislative clerk read as follows:
The Senator from Oklahoma [Mr. Nickles] for Mr. Simpson,
for himself and Mr. Rockefeller, proposes amendment numbered
5418.
Mr. NICKLES. Mr. President, I ask unanimous consent that further
reading of the amendment be dispensed with.
The PRESIDING OFFICER. Without objection, it is so ordered.
(The text of the amendment is printed in today's Record under
``Amendments Submitted.'')
Mr. SIMPSON. Mr. President, I rise to speak briefly on S. 1711, the
Veterans Benefits Improvements Act of 1996.
This bill is one of three major veterans' bills being considered this
week by the Senate; the other two are S. 1791, a bill to provide cost
of living increases to recipients of veterans' benefits, and H.R. 3118,
a compromise measure crafted jointly by the members of the House and
Senate Committees on Veterans' Affairs which would, among other things,
reform the eligibility standards for VA health care. These three bills
are the culmination of 2 years of work in the Veterans' Affairs
Committee. They are all good bills, bills that have achieved bipartisan
support within the Committee. They are also bills that, while they put
into place useful, even vital, legislation--without ``breaking the
bank.''
Time is becoming a precious commodity as the Senate winds down in
these final days, so I will not overstay my welcome with a lengthy
explanation of the contents of S. 1711. A detailed explanation of the
original bill as reported by the Committee on Veterans' Affairs--and of
the eight bills from which it is derived--is in the committee's report
of the legislation. A detailed explanation of the bill, as it would be
amended in accordance with an agreement reached with our House
counterparts, is set out in the ``Joint Explanatory Statement'' which I
request be made part of the Record. I will, however, summarize.
S. 1711, as reported, would, first, create a commission proposed by
our former leader, Bob Dole. That commission, the Commission on Service
Members and Veterans Transition Assistance, would study current
programs designed to assist service members and veterans in readjusting
to civilian life after service. Based on that analysis, it would report
to the Congress its recommendations on how such programs might be
improved.
I have yet to see a Government program, Mr. President, that cannot
stand improvement, so I am confident that the next Congress will be
provided with useful information on how we can better assist veterans
in readjusting to civilian life.
S. 1711 would also put into place a number of reforms in VA-
administered life insurance programs. Most notably, it would make
lifetime insurance coverage available to retired reservists who now can
only get such coverage until they are 61-years old. It would also
facilitate the viatication--or cashing out--of life insurance policies
by the terminally ill before they die. These are significant, and
useful, reforms.
The bill would also redefine the term ``Vietnam era'' for purposes of
VA programs. Some members of the Senate may be surprised to learn that
the legal definition of the ``Vietnam era'' extends only from August 5,
1964--the date of the incident which gave rise to the Gulf of Tonkin
resolution--until May 7, 1975. United States troops were in Vietnam,
however, before that time, and by February 28, 1961, they were
accompanying their Vietnamese counterparts on combat missions.
In short, U.S. troops were subjected to the real perils of ground
combat at least as early as February 28, 1961. This bill would
recognize that fact by redefining the term ``Vietnam era'' back to
February 28, 1961 for purposes of most VA programs. This amendment is
more than a symbolic one--though the symbolic value of recognizing the
valor of those who were first into Vietnam should not be lost. Some VA
benefits--most notably pension benefits to assist poor ``wartime''
veterans who are disabled due to non-service-connected injury or
disease--are only available to those who served in wartime. It is
entirely appropriate that such benefits be extended to those who
actually faced peril in Vietnam before that war's ``legal'' starting
date.
The bill would make a number of other constructive improvements to VA
education, home loan, and burial benefit programs, and would also make
necessary changes in procedures governing VA's adjudication of claims.
I know that every Senator is concerned about the time it takes for VA
to process a veteran's application for benefits. Progress is being made
on that front--but more needs to be made.
Finally, Mr. President, this bill, as reported, would make a series
of technical corrections to a massive piece of legislation approved by
the 103d Congress, the Uniformed Services Employment and Reemployment
Rights Act of 1994, Public Law 103-353. That bill was the product of a
multiyear executive branch effort, spanning both the Bush and Clinton
administrations, which resulted in a recommended updating of Veterans
Reemployment Rights laws which dated back to World War II. Those laws,
which allow service members to return to prior employment after
service, had not been systematically reviewed since World War II. The
1994 legislation took care of that--and did so, I might add, after an
extraordinary display of joint, cooperative effort by the executive and
legislative branches, and by employer and veterans' groups. But, as is
often the case in a massive restructuring of the law, the bill, as
enacted, contained both ambiguities and technical oversights and
errors. S. 1711 contains provisions to correct such problems.
Mr. President, the amendment to S. 1711 which I offer today contains
each and all of these key provisions from S. 1711. It would add,
however, a series of provisions adopted by the House in various bills
which I--and the ranking
[[Page S11780]]
member, my good friend, Senator Jay Rockefeller--have agreed to.
Crucial among those provisions are amendments to the law which will
have the effect of overturning the result reached by the Court of
Veterans Appeals in the case, Davenport v. Brown, 7 Vet.App. 476
(1995). In that case, the Court construed existing law creating
veterans' eligibility for vocational rehabilitation benefits, and ruled
that since the statutes do not require that there be a connection
between the veteran's service-connected disability and his or her
employment handicap, VA could not impose such a requirement as a
condition to the receipt of vocational rehabilitation benefits. That
requirement--which VA had imposed by now-overturned regulations
literally for decades--would be reinstated.
The House-enacted amendments to which we have agreed would also put
into place a number if constructive changes to the ``Montgomery GI
Bill.'' It would provide for benefits to students participating in
cooperative and open-circuit television programs. More importantly, it
would allow certain previously ineligible persons--those eligible for
the education benefits program in place before enactment of the
Montgomery GI bill, and certain National Guard members and reservists--
to ``buy into'' Montgomery GI bill benefits.
Finally, these additions would create equity with respect to benefits
earned by deceased veterans. First, they would increase the benefits
made available to the survivors of veterans who were entitled to VA
compensation benefits, but who had not established their entitlement
through VA's adjudication process before they died. S. 1711 would allow
the survivors of such veterans to claim 2 years' worth of compensation.
It would also allow the survivors of any veteran receiving compensation
to retain compensation paid for the month within which the veteran
died. Currently, Mr. President, VA requests that the veteran's widow
refund money previously sent by VA.
As I said when I began these comments, S. 1711 is a good, thoughtful,
useful bill. It is also a bill that does not ``bust the budget.'' It is
just the sort of legislation--good legislation that does not add to the
deficit--that I was determined to guide through the Veterans' Affairs
Committee when I assumed the chairmanship of the committee this
Congress.
I recall that when I assumed the job of chairman in the 104th
Congress--much to the chagrin of some so-called ``leaders'' of the
veterans community--there was a good deal of gnashing of teeth. Worse,
there was much distortion of what they assumed I planned to do. It was
bandied about that I would cut veterans' benefits. Many assumed that,
and based on that assumption, some service organizations fanned the
flames of fear among veterans. Their assumptions about what I would
seek to accomplish were grossly in error, as this and other bills--and
history--have shown. They were based, I can only surmise, on the
mistaken belief that my zeal for restraining the growth in entitlements
spending would lead me to cutting veterans' benefits. I, of course, had
never proposed cuts--because cuts in entitlements' spending are not
necessary to get control over the deficit. All that is required is
restrained growth.
The bill before the Senate now reflects that sort of restraint. It
includes positive, useful, constructive, bipartisan legislation that
helps veterans, and does not contribute to the deficit. Such
legislation is possible, if all start with the determination to craft
that form of thoughtful legislation. I do thank the members of the
Veterans' Affairs Committee, particularly the committee's ranking
minority member, my friend, Senator ``Jay'' Rockefeller, and the
committee's staff, for working with me to put together that sort of
legislation.
I urge the Senate's approval of S. 1711.
Mr. President, I ask unanimous consent that relevant material be
printed in the Record.
There being no objection, the material was ordered to be printed in
the Record, as follows:
EXPLANATORY STATEMENT ON S. 1711, AS AMENDED
S. 1711, as amended, reflects a compromise agreement that
the House and Senate Committees on Veterans' Affairs have
reached on certain bills considered in the House of
Representatives and the Senate during the 104th Congress.
These are H.R. 1483, which passed the House on May 21, 1996;
H.R. 2289, which passed the House on December 12, 1995; H.R.
3373, which passed the House on May 21, 1996; H.R. 3673,
which passed the House on July 16, 1996; H.R. 3674, which
passed the House on July 17, 1996 (hereinafter referred to in
context as ``House Bill''); and S. 1711, which passed the
Senate on September 27, 1996 (hereinafter referred to as
``Senate Bill'').
The House and Senate Committees on Veterans' Affairs have
prepared the following explanation of S. 1711, as amended
(hereinafter referred to as the ``Compromise Agreement'').
Differences between the provisions contained in the
Compromise Agreement and the related provisions in the above-
mentioned bills are noted in this document, except for
clerical corrections, conforming changes made necessary by
the Compromise Agreement and minor drafting, technical and
clarifying changes.
Title I--Education Benefits
REPEAL OF THE DAVENPORT DECISION
Current law
Since 1917, when vocational rehabilitation for veterans was
established by law, a causal relationship between a veteran's
service-connected disability and an employment handicap was
required for service-disabled veterans to be eligible for
vocational rehabilitation benefits. This nexus formed the
basis for the original program and defined the Nation's
responsibility for vocational rehabilitation to those
veterans who incur or aggravate a disability while serving in
our Armed Forces.
In 1980, Public Law 96-466 extensively revised vocational
rehabilitation programs in chapter 31 of title 38 and the
express statutory language requiring the causal relationship
was omitted. As a result, under current law, veterans seeking
vocational rehabilitation benefits under chapter 31 satisfy
the statutory requirements if they (1) have a compensable
service-connected disability and (2) are found to be in need
of rehabilitation because of an employment handicap.
Nonetheless, when VA promulgated regulations related to the
changes in the vocational rehabilitation programs, VA
continued to require the causal relationship as it had in the
past.
A 1995 Court of Veterans Appeals decision, Davenport v.
Brown, 7 Vet.App. 476 (1995), found no statutory support for
VA's regulations requiring a causal relationship between the
service-connected disability and the employment handicap. As
a result, VA estimated that the decision would produce 32,366
additional participants in vocational rehabilitation programs
over 5 years--a 14.4 percent increase in participation and a
14.6 percent increase in entitlement spending.
House bill
Section 101 of H.R. 3674 would, in effect, reverse the
Davenport decision, and reinstate original Congressional
intent by restoring the requirement of a causal relationship
between a veteran's service-connected disability and
employment handicap for the purpose of awarding vocational
rehabilitation benefits.
Senate bill
The Senate bill contains no comparable provision.
Compromise agreement
Section 101 follows the House bill.
ALTERNATIVE TEACHING CERTIFICATION PROGRAMS
Current law
A pilot program which provides Montgomery GI Bill benefits to persons
pursuing State-approved alternative teacher programs through non-
traditional educational institutions established under Public Law 103-
446 and defined at section 3452(c) of title 38, United States Code, is
set to expire on September 30, 1996. Such programs typically offer
certification through a combination of course work and ``student
teaching'' under the guidance of a certified teacher and are sponsored
by educational institutions, such as State or local boards of
education. The program saves both time and tuition for the new teacher.
House bill
Section 105 of H.R 3674 would make the program permanent.
Senate bill
Section 305 of S. 1711 would extend the program for twenty-
seven months.
Compromise agreement
Section 102 follows the House bill.
gi bill ``two-year'' rule modification
Current law
Under section 3689 of title 38, GI Bill benefits are not
authorized for the pursuit of training unless the institution
and course offered have been in operation for two years.
Under chapter 36 of title 38, GI Bill benefits are not
authorized for courses offered on or through military bases
under contract with the Department of Defense (DoD).
House bill
Section 201 of H.R. 3673 would: (a) remove the two year
restriction on all degree granting institutions, including
branch campuses (but not on non-degree granting
institutions); (b) authorize the Secretary to approve
[[Page S11781]]
the use of GI Bill benefits for courses offered on or through
military bases under contract with DoD; and (c) strengthen
and clarify the requirements under which the State Approving
Agencies approve courses.
Senate bill
The Senate bill contains no comparable provisions.
Compromise agreement
Section 103 follows the House bill.
elimination of the distinction between open circuit tv and independent
study
Current law
Under section 3482(f) of title 38, a veteran who takes a
course by open circuit TV, unlike other courses of
independent study, must be concurrently enrolled in an in-
residence course to receive educational assistance under the
GI Bill.
House bill
Section 202 of H.R. 3673 would eliminate the requirement of
being concurrently enrolled in an in-residence course, and
would, for benefit purposes, make a course taught by open
circuit TV equivalent to a course in independent study.
Senate bill
The Senate bill contains no comparable provision.
Compromise agreement
Section 104 follows the House bill.
cooperative programs
Current law
Under sections 3032, 3231 and 3532(b), veterans enrolled in
cooperative training programs--a combination of in-residence
class work at an institution of higher learning and work
experience at a job site--receive 80 percent of the full-time
educational benefit rate.
House bill
Section 204 of H.R. 3673 would authorize veterans enrolled
in cooperative training programs to receive the full amount
of the educational benefit rate.
Senate bill
The Senate bill contains no comparable provision.
Compromise agreement
Section 105 follows the House bill.
enrollment of veap participants in the montgomery gi bill
Current law
Chapter 32 authorizes the Secretary to operate the
Veterans' Education Assistance Program (VEAP) for post-
Vietnam servicemembers who enrolled after December 31, 1976
and before April 1, 1987. VEAP was the first VA contributory
education benefit plan. Under VEAP, active duty
servicemembers made voluntary contributions to an individual
account which the federal government matched at a 2:1 ratio.
The maximum participant contribution was $2,700 and
participants could elect to make a lump-sum contribution to
the fund. In most cases, a veteran had 10 years in which to
use the education benefit and/or make a claim for the unused
contribution.
According to VA statistics, 18,927 persons used their VEAP
entitlement in fiscal year 1995, which amounted to four
percent of the total persons using VA training and education
benefits. By comparison, the Montgomery GI Bill provided
benefits to nearly 292,000 trainees, or 59 percent of the
total.
House bill
Section 103 of H.R. 3674 would authorize servicemembers
participating in VEAP to transfer to the Montgomery GI Bill.
Senate bill
The Senate bill contains no comparable provision.
Compromise agreement
Section 106 follows the House bill.
montgomery gi bill eligibility for certain current and former active
duty members of army and air national guard
Current law
Current and former active duty members of the Army and Air
National Guard who served between June 30, 1985 and November
29, 1989 are not eligible to participate in any VA education
programs.
House bill
Section 104 of H.R. 3674 would provide eligibility for the
Montgomery GI Bill to certain current and former active duty
members of the Army and Air Nation Guard who served between
June 30, 1985 and November 29, 1989.
Senate bill
The Senate bill contains no comparable provision.
Compromise agreement
Section 107 follows the House bill.
Title II--Housing and Memorial Affairs
Subtitle A--Housing
enhanced loan asset sale authority
Current law
Section 3720(h) of title 38 authorizes VA to guarantee the
timely payment of principal and interest to purchasers of
real estate mortgage investment conduits (REMICs). REMICs are
used to ``bundle'' and market a number of vendee loan notes--
that is, notes on direct loans made by VA to purchasers of
VA-acquired real estate--so that they may be sold for cash
under favorable terms. Under this authority, VA guarantees to
REMIC purchasers that principal and interest will be paid in
a timely manner. That assurance facilitates the marketing of
such securities and enhances their value in the marketplace
and simultaneously reduces the interest paid by VA on the
notes, thus increasing the return to the Treasury when such
securities are sold.
VA's authority to guarantee REMICs expires on December 31,
1996.
House bill
Section 205 of H.R. 3673 would extend, through December 31,
1997, VA's authority to guarantee the timely payment of
principal and interest to purchasers of REMICs.
Senate bill
The Senate bill contains no comparable provision.
Compromise agreement
Section 201 follows the House bill.
refinancing of native american home loans
Current law
Section 3762 authorizes the Secretary to make a direct
housing loan to a Native American veteran if, at the time the
loan is made, the Secretary and the tribal organization that
has jurisdiction over the veteran have entered a memorandum
of understanding with respect to such loans.
House bill
The House bill contains no provision relating to this
matter.
Senate bill
Section 306 of S. 1711 would authorize the Secretary to
make direct loans to Native American veterans in order to
enable such veterans to refinance existing loans made under
section 3762 providing the new interest rate is at least one
percent below the existing mortgage.
Compromise agreement
Section 202 follows the Senate bill.
Subtitle B--Memorial Affairs
minors' burial eligibility
Current law
Prior to 1973, the Department of the Army operated national
cemeteries. In 1973, this function was transferred to the VA
with an intent that similar eligibility rules should apply
under the VA's management. Title 24 of United State Code,
regarding the Army, defines the term ``minor child'' as a
person under age 21. However, VA regulations at 38 C.F.R.
1.620(g) allow burial eligibility for a ``minor child'' if
such a child was, at death, under 21 or under 23 and pursuing
a course of instruction at an approved educational
institution.
House bill
Section 201 of H.R. 3373 would clarify that for burial
purposes, ``minor child'' includes students up to age 23 who
had been pursuing a course of instruction at an approved
educational institution, and amend section 2402(5) of title
38 to incorporate VA's regulatory definition.
Senate bill
Section 304 of S. 1711 contains an identical provision.
Compromise agreement
Section 211 contains this provision.
burial benefits for certain veterans who die in state nursing homes
Current law
Section 2303(a) authorizes VA to pay burial benefits for
veterans who die in VA medical facilities or in facilities at
which the veteran was receiving hospital or nursing home care
under contract with VA.
House bill
Section 303 of H.R. 3673 would provide burial costs and
transportation to the place of burial for a veteran who dies
in a State nursing home.
Senate bill
The Senate bill contains no comparable provision.
Compromise agreement
Section 212 follows the House bill.
outer burial receptacles
Current law
Section 2306(d) of title 38 requires the Secretary to
provide grave liners for each new grave in a national
cemetery in which remains are interred in a casket at no cost
to the veteran's survivors. The Secretary of the Army is also
authorized to provide a grave liner for such graves at
Arlington National Cemetery.
House bill
The House bill contains no provision relating to this
matter.
Senate bill
Section 303 of S. 1711 would require VA, and authorize the
Secretary of the Army, to furnish grave liners or burial
vaults or other casket receptacles as provided by regulations
or procedures adopted to implement this statutory change.
Such regulations or procedures would allow persons to elect
burial receptacles other than grave liners and, if they did,
would require them to pay any additional cost associated with
such products and, in addition, an amount which reflects the
administrative costs incurred in providing, and procuring,
that product choice.
Compromise agreement
Section 213 follows the Senate bill.
Title III--Employment and Training
Subtitle A--Veterans' Employment and Training
vets reorganization
Current law
Section 4102A authorizes Veterans' Employment and Training
(VETS) regional offices under the Secretary of Labor equal to
the number of regional offices maintained by
[[Page S11782]]
the Department of Labor's Employment and Training
Administration. VETS Regional Administrators are not required
to be veterans.
Section 4103(a) authorizes full-time Federal clerical
support personnel to be assigned to each State Directors for
VETS in accordance with applicable provisions of title 5,
United States Code.
Section 4103(b) requires each VETS State Director and
Assistant State Director to be a resident of the state of
appointment for at least two years prior to assuming the
position.
House bill
Title II of H.R. 2289 would (a) reduce the number of VETS
regional administrators to no fewer than five and require
that each appointed after enactment of this bill be a
veteran; (b) expand the duties of certain clerical personnel
assigned to VETS State Directors to include more substantive
VETS program responsibilities; (c) maintain the residency
requirement except that an individual who had served as a
VETS State Director or Assistant State Director for at least
two years would become eligible for either position in any
state; and (d) authorize the Secretary of Labor to conduct a
pilot program to investigate methods of service delivery to
veterans.
Senate bill
The Senate bill contains no comparable provisions.
Compromise agreement
The Compromise Agreement incorporates some of the
provisions of the House bill. It requires that each Regional
Administrator appointed after enactment of the bill be a
veteran, and follows paragraphs (b) and (d) described in the
House bill.
Subtitle B--Technical Amendments Relating to the Uniformed Services
Employment and Reemployment Rights Act of 1994
userra technical amendments
Current law
The Uniformed Services Employment and Reemployment Rights
Act of 1994 (USERRA) revised chapter 43 of title 38, United
States Code, which safeguards the employment and reemployment
rights of members of the uniformed services. Because the laws
are complex and technical, the Committee anticipated that as
the law was implemented, minor problems would occur and
future technical amendments would be necessary to clarify the
intent of Congress.
House bill
Title III of H.R. 2289 would make technical amendments to
chapter 43 of title 38.
Senate bill
Title IV of S. 1711 contains substantially identical
provisions.
Compromise agreement
In sections 311-313, the Compromise Agreement contains
these provisions.
Title IV--Veterans Life Insurance Programs
Servicemen's Group Life Insurance Program Amendments
Current law
Under chapter 19 of title 38, the VA administers six life
insurance programs and supervises the administration of two
others for the benefit of servicemembers, veterans and their
beneficiaries. The two programs supervised by the VA,
Servicemen's Group Life Insurance (SGLI) and Veterans' Group
Life Insurance (VGLI), are administered under a contract with
the Prudential Insurance Company. SGLI provides low cost
group life insurance to persons on active duty, ready and
retired reservists, and persons in several other uniformed
services. VGLI, a post-separation insurance program, provides
for the conversion of SGLI policies to five-year renewable
term policies. When members of the Ready Reserve retire with
20 years of service or are transferred to the Retired Reserve
they may continue their SGLI coverage until they receive
their first retired paycheck or reach age 61, whichever
occurs first. Servicemembers covered by SGLI policies may not
convert their insurance to commercial policies upon
separation. Upon separation, they must convert to VGLI
policies, and VGLI policies may not be converted to
commercial policies for 5 years. The Department of Defense is
not required to furnish information about life insurance
programs.
House bill
Sections 101-104 of H.R. 3373 would (a) merge the Retired
Reservists' component of SGLI with VGLI and make lifetime
coverage under VGLI available to Retired Reservists; (b) give
insureds an option to convert the VGLI policies to commercial
policies at any time; (c) require the appropriate Secretary
to furnish general information about life insurance to
servicemembers; and (d) change the name of Servicemen's Group
Life Insurance to Servicemembers' Group Life Insurance.
Senate bill
Title II of S. 1711 contains substantially identical
provisions, except for the House provision described in (c).
Compromise agreement
In sections 401-406, the Compromise Agreement follows the
House Bill.
Title V--Department of Veterans Affairs Administrative Matters
va centers for minority and women veterans
Current law
Section 317 of title 38 established a Center for Minority
Veterans in VA and section 318 established a Center for Women
Veterans in VA. Each Center is run by a director who is
required to be a noncareer appointee in the Senior Executive
Service, appointed for a six year term.
House bill
The House bill contains no provision relating to this
matter.
Senate bill
Section 302 of S. 1711 would (a) allow career and noncareer
appointees to be directors of the centers; (b) expand the
functions of the Center for Minority Veterans and clarify
functions of the Center for Women Veterans in order to make
the functions of the centers more parallel; and (c) extend,
through December 31, 1999, the Advisory Committee on Minority
Veterans.
Compromise agreement
Section 501 follows the Senate bill.
repeal of incarcerated veterans' clothing allowance
Current law
Under chapter 53 of title 38, VA is required to pay a
clothing allowance to each veteran, who, because of a
service-connected disability, wears or uses a prosthetic or
orthopedic appliance which tends to wear out or tear
clothing. VA also makes clothing allowance payments to each
veteran who uses medication prescribed for a service-
connected skin condition and whose outer garments sustain
irreparable damage due to the use of that medication.
House bill
Section 104 of H.R. 3673 would add a new section 5313A to
title 38 which would require VA to withhold payment on a pro-
rated basis to veterans incarcerated for more than 60 days in
penal institutions and who receive institutional clothing at
no personal expense.
Senate bill
Section 307 of S. 1711 contains a substantively identical
provision.
Compromise agreement
Section 502 contains this provision.
extension of veterans' claims adjudication commission
Current law
Section 402 of the Veterans' Benefits Improvements Act of
1994 (Public Law 103-446) established the Veterans' Claims
Adjudication Commission to study the processes and procedures
of the VA for the adjudication, resolution, review and final
disposition of VA benefits claims. On April 23, 1996, the
Chairman of the Veterans' Claims Adjudication Commission
submitted a request for an extension in order to complete the
study requirements set forth in Public Law 103-446.
House bill
Section 105 of H.R. 3673 would authorize the extension of
the Commission's final report deadline from May 2, 1996 to
December 31, 1996. Section 105 of H.R. 3673 would also
authorize an additional $75,000 in fiscal year 1996 and
$75,000 in the first two quarters of fiscal year 1997. These
funds would be available in either fiscal year.
Senate bill
The Senate bill contains no comparable provision.
Compromise agreement
Section 503 follows the House bill.
pilot program for use of contract physicians for disability
examinations
Current law
Physicians employed by the Veterans Health Administration
may conduct disability examinations of applicants for VA
benefits. There is no express provision in current law
relating to the use of contract physicians for disability
examinations of applicants for VA benefits.
House bill
Section 103 of H.R. 3673 would establish a pilot program
for the use of contract physicians for disability
examinations at up to 10 VA regional offices.
Senate bill
The Senate Bill contains no comparable provision.
Compromise agreement
Section 504 follows the House bill. The Compromise
Agreement contains a requirement that the costs of the pilot
program be paid from the Compensation and Pensions account.
definition of vietnam era
Current law
Section 101(29) of title 38 defines the term ``Vietnam
era'' as the period beginning August 5, 1964 and ending on
May 7, 1975.
House bill
The House bill contains no provision relating to this
matter.
Senate bill
Section 301 of S. 1711 would: (a) change the beginning date
of the Vietnam era from August 5, 1964 to February 28, 1961
in the case of a veteran who served in the Republic of
Vietnam for purposes of VA programs generally; and (b) change
the beginning date of the Vietnam era to January 9, 1962 for
VA benefits and health care eligibility provisions which
presume that the veteran had been exposed to herbicides and
defoliants while in the Republic of Vietnam.
[[Page S11783]]
Compromise agreement
Section 505 follows the Senate bill.
effective date of discontinuance of certain veterans' benefits by
reason of death of recipient
Current law
Section 5112(b) authorizes the Secretary to reduce or
discontinue the payment of compensation, dependency and
indemnity compensation, or pension benefits when the
recipient marries or remarries or dies. The effective date of
such a reduction or discontinuance is the last day of the
month before the marriage, remarriage or death occurs.
House bill
Section 201 of H.R. 3674 would permit a surviving spouse to
retain compensation or pension payments pro rated to the day
of the death, instead of the last day of the previous month.
The effective date for this provision would be October 1,
1997.
Senate bill
The Senate bill contains no comparable provision.
Compromise agreement
Section 506 follows the House bill but changes date of
payment to the last day of the month in which the veteran
dies. Where under section 506, the surviving spouse who has
been paid benefits for the full month in which the veteran
died, is subsequently determined to be entitled to DIC or
pension, it is expected that VA will reduce the award of DIC
or pension by the amount of benefits paid to the surviving
spouse for the month of the veteran's death.
increase of accrued benefits payable after death
Current law
Section 5121 authorizes the Secretary to make payments of
accrued benefits to survivors for one year when the veteran
dies prior to complete adjudication of a VA claim.
House bill
Section 202 of H.R. 3674 would authorize the Secretary to
make payments of accrued benefits to survivors for two years
when the veteran dies prior to complete adjudication of a VA
claim.
Senate bill
The Senate bill contains no comparable provision.
Compromise agreement
Section 507 follows the House bill.
bva provisions
Current law
The Court of Veterans Appeals invalidated the Board of
Veterans' Appeals (Board) past practice of mailing decisions
in Trammell v. Brown, 6 Vet. App. 181 (1994). Section 7104(e)
of title 38, United States Code, specifies that ``the Board
shall promptly mail a copy of its written decision to the
claimant and the claimant's authorized representative (if
any).'' Prior to this decision, the Board's method of
``mailing'' a copy of a decision to a representative depended
on where the representative was located. For a representative
at the Board's offices in Washington, D.C., a contractor
hand-delivered the Board decision to the representative. For
a representative at a VA regional office, the Board gave the
decision to the contractor, who ``bundled'' mail for the 58
VA regional offices and delivered the bundles to the U.S.
Postal Service. Upon receipt, each regional office sorted its
bundled mail and distributed any Board decision to the
appropriate representative at that regional office. For a
representative at an office at a VA facility, the Board
mailed its decision directly to the representative.
The Court of Veterans Appeals held that the phrase ``the
Board shall promptly mail'' in section 7104(e) means that the
Board decision must be delivered directly by the Board into
the custody of the U.S. Postal Service. This decision
precluded a Board employee or contractor from delivering a
decision to a service organization representative. Rather,
the Board is currently required to deliver the decision to
the U.S. Postal Service.
Section 5902 of title 38 authorizes the Secretary to
recognize representatives of certain veterans service
organizations in the preparation, presentation and
prosecution of VA benefit claims.
House bill
The House bill contains no provisions relating to this
matter.
Senate bill
Section 309 of S. 1711 would (a) permit the Board to send
its decisions to claimants' representatives by any means
reasonably calculated to provide them with a copy of the
decision within the same time a copy of the decision sent by
first-class mail would be expected to reach them; and (b)
permit VA to treat a claimant's power of attorney as an
appointment of an entire service organization as the
claimant's representative, unless the claimant specifically
indicates a desire to limit the power of attorney to a
specific representative of an organization. In cases where no
such specific indication is made, when the Secretary is
required or permitted to notify a claimant's representative,
the Secretary would be authorized to notify the organization
at the address designated by the organization for such
purposes.
Compromise agreement
Section 508 follows the Senate bill.
va education service
Current law
The VA's Education Service is currently located in
Washington, D.C. However, the VA has proposed to move its
offices to St. Louis, MO as part of the Veterans Benefits
Administration's effort to restructure.
House bill
Section 202 of H.R. 3373 would require VA's Education
Service to be located in Washington, D.C.
Senate bill
The Senate bill contains no comparable provisions.
Compromise agreement
Section 509 would prohibit the VA from expending any
appropriated funds to move VA's Education Service from its
current location in Washington, DC prior to December 31,
1997.
Title VI--Other Matters
homeless veterans' reintegration project
Current law
The Department of Labor administers the Homeless Veterans'
Reintegration Project (HVRP) which is designed to help
indigent and homeless veterans return to society as
productive citizens. Veterans are estimated to account for
one-third of the adult male homeless population. Aided by
community-based organizations, the program places homeless
veterans in jobs. In the past, the program had been funded at
$5 million per year, but in fiscal year 1996, HVRP did not
receive an annual appropriation. Rather, the Appropriations
Committee urged the Secretary of Labor to fund the program
from a discretionary spending account. Public Law 103-446
indicated the sense of Congress that organizations dedicated
to serving homeless veterans should receive a share of
federal funds devoted to the homeless in a proportion roughly
equal to the percentage of veterans among the general
homeless population.
House bill
Section 206 of H.R. 3673 would authorize appropriations to
the program at $10,000,000 per year for fiscal years 1997
through 1999.
Senate bill
Section 310 of S. 1711 would authorize appropriations to
the program at $10,000,000 per year for fiscal years 1997 and
1998.
Compromise agreement
Section 601 follows the Senate bill.
repair and long-term maintenance of war memorials
Current law
Under title 36, United States Code, the American Battle
Monuments Commission (ABMC) is not authorized to accept
monetary donations for the maintenance of overseas memorials
for which ABMC has accepted responsibility from private
entities.
House bill
Section 301 of H.R. 3673 would authorize the ABMC to accept
monetary donations for the maintenance of overseas memorials
determined by the ABMC to be of sufficient importance to
warrant long term Federal responsibility.
Senate bill
The Senate bill contains no comparable provision.
Compromise agreement
Section 602 follows the House bill except that ABMC may not
accept monetary donations until it adopts reporting and
accounting systems.
Title VII--Commission on Transition Assistance
commission on service members and veterans transition assistance
Current law
There is no provision in current law relating to the
establishment of a commission to evaluate the programs of the
Federal Government that assist members of the Armed Forces
and veterans in readjusting to civilian life.
House bill
The House bill contains no provision relating to this
matter.
Senate bill
Title I of S. 1711 would establish a Commission on Service
Members and Veterans Transition Assistance to evaluate the
programs of the Federal Government that assist members of the
Armed Forces and veterans in readjusting to civilian life.
The Commission would review the efficacy and appropriateness
of such existing programs.
Compromise agreement
Title VII follows the Senate bill but clarifies the duties
of both Commission panels regarding transition and veterans
benefits programs, and makes other perfecting amendments.
additional matters: clear and unmistakable error
Current law
Under 38 C.F.R. 3.105(a), decisions made by VA regional
offices are subject to review on the grounds of clear and
unmistakable error. Decisions made by the Board of Veterans'
Appeals are not subject to this standard of review by law or
regulation.
House bill
H.R. 1483 would codify this regulation as it applies to VA
regional office decisions and extend the principle underlying
it to Board decisions.
Senate bill
The Senate bill contains no comparable provision.
[[Page S11784]]
Compromise agreement
The Compromise Agreement contains no provision relating to
this matter.
presumption that bronciolo-alveolar cancer is service-connected
Current law
Section 1112(c) lists certain diseases that are presumed to
be service-connected in radiation exposed veterans. Veterans
diagnosed with such diseases are eligible for compensation
benefits.
House bill
Section 101 of H.R. 3673 would add bronchiolo-alveolar
carcinoma, a radiation-related cancer of the lung, to the
list of presumptive service-connected diseases which manifest
in radiation exposed veterans.
Senate bill
The Senate bill contains no comparable provision.
Compromise agreement
The Compromise Agreement contains no provision relating to
this matter.
presumption of permanent/total disability if a veteran is 65 years of
age and in a nursing home
Current law
Under section 1502(a), a person is considered to be
permanently and totally disabled if such a person is
unemployable as a result of a disability which is reasonably
certain to continue throughout the life of the person. A
person is also considered to be permanently and totally
disabled if suffering from any disability which renders it
impossible for the average person to be gainfully employed
throughout the person's life. The Secretary may also make a
determination that any disease or disorder renders a person
permanently and totally disabled.
House bill
Section 102 of H.R. 3673 would provide a presumption of
permanent and total disability for veteran nursing home
patients over the age of 65.
Senate bill
The Senate bill contains no comparable provision.
Compromise agreement
The Compromise Agreement contains no provision relating to
this matter.
medical qualifications for flight training
Current law
Sections 3034(d)(2) and 3241(b)(2) of title 38 and section
16136(c) of title 10 authorizes education benefits to a
veteran enrolled in a course of flight instruction provided a
commercial pilot medical certificate is maintained throughout
flight training. If VA later discovers that the veteran's
medical certification has lapsed during training, an
overpayment may be created.
House bill
Section 203 of H.R. 3673 would authorize payment of
educational benefits for flight training provided the veteran
meets the medical requirements for a commercial pilot's
certificate at the beginning of training and within 60 days
after completion of training.
Senate bill
The Senate bill contains no comparable provision.
Compromise agreement
The Compromise Agreement contains no provision relating to
this matter.
increase in montogmery gi bill--active duty rates
Current law
Section 3015(b)(1) authorizes the Secretary to award basic
monthly education benefits of $416.62 for full-time education
training and $338.51 for two-year enlistees.
House bill
Section 102 of H.R. 3674 would increase the basic monthly
education benefit for full-time education training and two-
year enlistees by $5 to $421.62 and $343.51, respectively.
Senate bill
The Senate bill contains no comparable provision.
Compromise agreement
The Compromise Agreement follows the Senate bill.
increase in automobile allowance
Current law
Section 3902(a) authorizes the Secretary to make a one-time
grant of $5,500 toward the purchase of an automobile to
severely disabled veterans if their disability is the result
of an injury incurred or disease contracted in or aggravated
by military service.
House bill
Section 203 of H.R. 3674 would authorize the Secretary to
increase the automobile allowable from $5,500 to $6,500.
Senate bill
The Senate bill contains no comparable provision.
Compromise agreement
The Compromise Agreement contains no provision relating to
this matter.
court of veterans appeals pro bono program
Current law
There is no provision in current law which relates to legal
assistance for financially needy veterans in connection with
Court of Veterans Appeals (the Court) proceedings. In fiscal
years 1992 through 1995, a discrete line-item appropriation
was included in the Court's budget and designated for
transfer to the Pro Bono Program's administrator, the Legal
Services Corporation. In fiscal year 1996, the Court's
operating funds were appropriated through successive
continuing resolutions which did not include such a discrete
line-item appropriation.
House bill
Section 204 of H.R. 3674 would fund the Pro Bono Program
for six years at $700,000 per year, with an increase of three
percent per year. The three percent per year increase would
begin in fiscal year 1998. Section 204 would fund the Program
through VA's Compensation and Pension account, based on
savings realized as a result of the reversal of the Davenport
decision pursuant to section 101 of the Compromise Agreement.
This amount would be reduced during each of the six years by
any appropriation enacted for operation of the Program.
Senate bill
The Senate bill contains no comparable provision.
Compromise agreement
The Compromise Agreement contains no provision relating to
this matter.
S. 1711 AS AMENDED (PAY-GO PROVISIONS)
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1997 1998 1999 2000 2001 2002
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(5) Discretionary
Outlays..................................................... * * * * * *
Sec. 311: Budget authority 0 0 0 0 0 0
Outlays..................................................... 0 0 0 0 0 0
Sec. 312: Budget authority 0 0 0 0 0 0
Outlays..................................................... 0 0 0 0 0 0
Sec. 313: Budget authority 0 0 0 0 0 0
Outlays..................................................... 0 0 0 0 0 0
Sec. 401: Budget authority 0 0 0 0 0 0
Outlays..................................................... 0 0 0 0 0 0
Sec. 402: Budget authority 0 0 0 0 0 0
Outlays..................................................... 0 0 0 0 0 0
Sec. 403: Budget authority 0 0 0 0 0 0
Outlays..................................................... 0 0 0 0 0 0
Sec. 404: Budget authority 0 0 0 0 0 0
Outlays..................................................... 0 0 0 0 0 0
Sec. 405: Budget authority 0 0 0 0 0 0
Outlays..................................................... 0 0 0 0 0 0
Sec. 406: Budget authority 0 0 0 0 0 0
Outlays..................................................... 0 0 0 0 0 0
Sec. 501:
(5) Discretionary
Outlays..................................................... * * * * * *
Sec. 502: Budget authority -1 -1 -1 -1 -1 -1
Outlays..................................................... -1 -1 -1 -1 -1 -1
Sec. 503: Budget authority * * * * * *
Outlays..................................................... * * * * * *
Sec. 504: Budget authority 9 9 9 10 10 11
Outlays..................................................... 7 9 9 10 10 11
Sec. 505: Budget authority * * * * * *
Outlays..................................................... * * * * * *
Sec. 506: Budget authority 14 14 16 16 16 16
Outlays..................................................... 13 14 16 17 14 16
Sec. 507: Budget authority 3 3 3 3 3 3
Outlays..................................................... 3 3 3 3 3 3
Sec. 508: Budget authority 0 0 0 0 0 0
Outlays..................................................... 0 0 0 0 0 0
Sec. 509: Budget authority 0 0 0 0 0 0
Outlays..................................................... 0 0 0 0 0 0
Sec. 510: Budget authority
(5) Discretionary
Outlays..................................................... * * * * * *
Sec. 601: Budget authority
(5) Discretionary
Outlays..................................................... * * * * * *
Sec. 602: Budget authority * * * * * *
Outlays..................................................... * * * * * *
Sec. 701: Budget authority
(5) Discretionary
Outlays..................................................... * * * * * *
Sec. 702: Budget authority
(5) Discretionary
Outlays..................................................... * * * * * *
Sec. 703: Budget authority
(5) Discretionary
Outlays..................................................... * * * * * *
Sec. 704: Budget authority
(5) Discretionary
Outlays..................................................... * * * * * *
Sec. 705: Budget authority
(5) Discretionary
Outlays..................................................... * * * * * *
Sec. 706: Budget authority
(5) Discretionary
Outlays..................................................... * * * * * *
Sec. 707: Budget authority
(5) Discretionary
Outlays..................................................... * * * * * *
Sec. 708: Budget authority
(5) Discretionary
Outlays..................................................... * * * * * *
Total:
Budget authority............................................ 3 -8 -21 -20 -21 -22
Outlays..................................................... 0 -8 -21 -19 -23 -22
----------------------------------------------------------------------------------------------------------------
Mr. ROCKEFELLER. Mr. President, as the Ranking Minority Member of the
Committee on Veterans' Affairs, I am enormously pleased that the Senate
is considering S. 1711, a bill that would make amendments to a number
of veterans benefits and services. I urge my colleagues to give their
unanimous support to this measure as it will be amended with a final
compromise developed by the two Veterans' Affairs Committees.
Mr. President, because a description of all of the provisions of this
measure--which I will refer to as the ``compromise agreement''--are set
forth in the explanatory statement which Senator Simpson will place in
the Record, I will just discuss some of the issues which are of
particular interest to me. The explanatory statement was developed in
cooperation with the House Committee on Veterans' Affairs and
[[Page S11785]]
that Committee's Chairman, Bob Stump, will insert the same explanatory
statement in the Record when the House considers this measure.
Overturning the Davenport Decision
Mr. President, section 101 of the compromise agreement amends various
provisions of chapter 31 of title 38, United States Code, to
effectively reverse the results of the decision of the U.S. Court of
Veterans Appeals in Davenport v. Brown, 7 Vet. App. 476 (1995).
In the Davenport decision, the Court invalidated VA regulations
relating to eligibility for VA vocational rehabilitation benefits,
holding that the VA regulations, which required the showing of a
connection between a veteran's service-connected disability and the
veteran's employment handicap, were not consistent with the underlying
law.
Because the facts of the case--in terms of the background of the
veteran claimant, his disability, the apparent lack of any employment
handicap related to that disability, and the vocational rehabilitation
benefit he sought--were so egregious and because of the potential
results of the Court's decision on other claimants for vocational
rehabilitation benefits, many seemed to challenge the validity of the
Court's action.
While I am fully supportive of the provision in the compromise
agreement which will reverse the result of the decision, I think it is
vital that all understand that the Court's decision was proper and
completely correct. The Court was not ruling on the merits of the
veteran claimant's disability or on the veteran's need for vocational
rehabilitation services. Rather, the Court was ruling on the narrow,
legal question--was VA's regulation which was being challenged
authorized by the underlying statutory scheme.
Mr. President, reviewing the validity of VA regulations is just one
of the vital functions for which the Court was established, one that
the Court carries out very well. Rather than expressing any concern
about the Court's decision in the Davenport case, we should applaud the
Court for its action in ruling that VA had overstepped its legal
authority in issuing the regulation in question. To the extent there
was a problem in the law that the veteran in that case sought to
exploit--and there was--the fault lies with the Congress for our
failure to have included the requirement that there be a connection
between a veteran's disability and employment handicap when we revised
chapter 31 in 1980 in Public Law 96-466.
Conversion of Certain VA Life Insurance
Mr. President, I am very pleased that the compromise agreement
contains a provision, in section 403, which would permit individuals
covered by either of two VA insurance programs--SGLI, Servicemembers'
Group Life Insurance, and VGLI, Veterans' Group Life Insurance--to
convert their policies to commercial policies at any time, rather than,
as under current law, being unable to convert a SGLI policy to anything
other than a VGLI policy upon leaving active duty and then having to
wait five years after leaving service to convert a VGLI policy to a
commercial policy.
There are numerous advantages to this change but one of the key
ones--and the reason I highlight this provision--is the opportunity it
will afford an individual with a terminal illnesses to convert his or
her SGLI or VGLI policy, which can not otherwise be converted prior to
death, to a commercial policy. The commercial policy would then be
available for conversion to cash through one of two means--
acceleration, in which an insured collects on an insurance policy prior
to death, or the viatication process, in which an insured sells the
policy to a viatical agent who collects at the time of the insured's
death.
Extension of Veterans' Claims Adjudication Commission
Mr. President, as one of the authors of the legislation, enacted in
Public Law 103-446, which established the Veterans' Claims Adjudication
Commission, and as one of the Commission's major proponents, I am
delighted that the compromise agreement, in section 503, contains a
provision which extends the Commission through the end of this year so
as to enable it to complete its work. The preliminary report, submitted
by the Commission earlier this year, showed the depth and breadth of
the Commission's work and I look forward with anticipation to the
Commission's final report.
Extension of Period of Vietnam Era for Certain Veterans
Mr. President, for purposes of veterans benefits, the ``Vietnam era''
is defined in title 38 as the period beginning on August 5, 1964, and
ending on May 7, 1975. The starting date is tied to the incident in the
Gulf of Tonkin which led to the adoption of the Tonkin Gulf Resolution
on August 7. However, prior to that time, U.S. forces had been serving
in Vietnam for a number of years. Under current law, any individual who
served in Vietnam but who left active duty prior to August 1964 is not
considered a Vietnam era veteran.
An effort has been underway in the Senate for a number of years,
dating back to the early 1980's, to amend title 38 to provide for an
earlier starting date for the Vietnam era for those veterans who served
in Vietnam. However, despite Senate passage on at least four prior
occasions, the House has never agreed to this change.
Finally, Mr. President, we have, this year, reached agreement with
our colleagues in the House and the compromise agreement, in section
505, would amend the definition to provide that the Vietnam era
includes the period between February 28, 1961, and August 4, 1964, for
those who served in Vietnam during that period. The date of February
28, 1961, was chosen because that is the approximate date on which
American military advisers began to accompany their Vietnamese
counterparts on military missions and, as such, is used as the starting
date for the Vietnam conflict in a number of other contexts.
Increase in Amount of Accrued Benefits
Mr. President, as my colleagues know, the VA claims adjudication
system is under serious stress and there are frequently great delays in
the processing of claims. With these significant delays, there often
are awards of significant back due benefits, dating back to when a
claim was first filed, when claims are finally awarded. However, under
current law, when a veteran dies while pursuing a claim for benefits,
if the claim is ultimately awarded, the veteran's survivors are limited
to so-called accrued benefits, which are limited to a maximum of one
year's worth of benefits. This result applies, regardless of what the
size of the award would have been had the veteran been able to pursue
the claim to its conclusion. This result frequently deprives survivors
of significant benefits.
Mr. President, I think this result is wrong and should be corrected.
My preference is to eliminate the limit on accrued benefits totally.
However, there is a need for more information on such an effort,
especially the cost implications, before it can move forward. As a
first step, therefore, I am pleased that the compromise agreement
contains, in section 507, a provision which extends the period of
accrued benefits from 1 to 2 years.
Mr. President, in closing, I acknowledge the work of my colleagues in
the House, Chairman Bob Stump and the ranking minority member, Sonny
Montgomery, and our committee's chairman, Senator Simpson, in
developing the comprehensive legislation.
Mr. President, I thank the staff who have worked extremely long and
hard on this compromise--Jill Cochran, Beth Kiker, Pat Ryan, Mike
Brinck, Kingston Smith, and others on the House committee, and Bill
Brew, Jim Gottlieb, Bill Tuerk, Chris Yoder, and Tom Harvey with the
Senate committee. I also thank Bob Cover and Charlie Armstrong of the
House and Senate Offices of Legislative Counsel for their excellent
assistance and support in drafting the compromise agreement.
Mr. NICKLES. Mr. President, I ask unanimous consent that the
amendment be agreed to, the committee amendment, as amended, be agreed
to, the bill be deemed read a third time, and passed, and the motion to
reconsider be laid upon the table, and any statements relating to the
bill appear at the appropriate place in the Record.
The PRESIDING OFFICER. Without objection, it is so ordered.
The amendment (No. 5418) was agreed to.
The committee amendment, as amended, was agreed to.
The bill (S. 1711), as amended, was deemed read the third time and
passed, as follows:
[[Page S11786]]
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 SERVICEMEMBERS AND VETERANS TRANSITION
ASSISTANCE
Sec. 701. Establishment of Commission.
Sec. 702. Duties of Commission.
Sec. 703. Powers of Commission.
Sec. 704. Miscellaneous administrative provisions.
Sec. 705. Commission personnel matters.
Sec. 706. Termination of Commission.
Sec. 707. Definitions.
Sec. 708. Funding.
SEC. 2. REFERENCES TO TITLE 38, UNITED STATES CODE.
Except as otherwise expressly provided, whenever in this
Act an amendment or repeal is expressed in terms of an
amendment to or repeal of a section or other provision, the
reference shall be considered to be made to a section or
other provision of title 38, United States Code.
TITLE I--EDUCATION BENEFITS
SEC. 101. EMPLOYMENT HANDICAP FOR WHICH AN INDIVIDUAL MAY
RECEIVE TRAINING AND REHABILITATION ASSISTANCE.
(a) Definitions.--Section 3101 is amended--
(1) in paragraph (1), by inserting ``, resulting in
substantial part from a disability described in section
3102(1)(A) of this title,'' after ``impairment'';
(2) in paragraph (6), by inserting ``authorized under
section 3120 of this title'' after ``assistance''; and
(3) in paragraph (7), by inserting ``, resulting in
substantial part from a service-connected disability rated at
10 percent or more,'' after ``impairment''.
(b) Basic Entitlement.--Section 3102 is amended--
(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--
[[Page S11787]]
(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 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
[[Page S11788]]
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)'' 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''.
[[Page S11789]]
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,
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
[[Page S11790]]
(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 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--
[[Page S11791]]
(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''.
(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
[[Page S11792]]
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).
``(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.
[[Page S11793]]
(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.
(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.
[[Page S11794]]
(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 title is amended so as to read:
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.
Mr. NICKLES. Mr. President, this bill is a very important bill. It is
the Senate bill S. 1711, the Veterans' Benefits Improvements Act of
1996.
Senator Simpson had a substitute which we are now entering into the
Record. Again, this is very substantive legislation, which Senator
Simpson deserves great accolades for. And I compliment him for the
amendment.
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