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 100 STAT. 3266 42 USC 1395CC.

Real property.

California. .101. ceu

38 USC 612 note.

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PUBLIC LAW 99-576—OCT. 28, 1986

under section 1866 of the Social Security Act as a result of the additional conditions imposed under the amendments made by subsection (a). (2) Not later than October 1, 1987, the Administrator of Veterans' Affairs shall submit to the Committees on Veterans' Affairs of the Senate and House of Representatives a report regarding implementation of this section. Thereafter, the Administrator shall notify such committees if any hospital terminates or fails to renew an agreement described in paragraph (1) for the reasons described in that paragraph. SEC. 234. PROHIBITION AGAINST EXCESSING OF CERTAIN VETERANS' ADMINISTRATION PROPERTIES. (a) IN GENERAL.—The Administrator of Veterans' Affairs may not take any action before January 1, 1988, in connection with declaring as excess to the needs of the Veterans' Administration, transferring to another Federal agency, or otherwise relinquishing any Veterans' Administration interest in or disposing of any portion of the real property described in subsection (b). Any such action taken before the date of the enactment of this Act shall be without effect. If on the date of the enactment of this Act, such property (or any portion thereof) is under the jurisdiction of an agency of the United States other than the Veterans' Administration, such property shall revert back to the jurisdiction of the Veterans' Administration. (b) DESCRIPTION OF PROPERTY.—The property referred to in subsection (a) is certain land and improvements at the Veterans' Administration Medical Center, West Los Angeles, California (consisting of approximately 109 acres), and at the Veterans' Administration Medical Center, Sepulveda, California (consisting of approximately 46 acres), described in letters dated February 5, 1986 (and enclosed maps), submitted by the Administrator to the Committees on Veterans' Affairs of the Senate and House of Representatives pursuant to section 5022(a)(2) of title 38, United States Code. SEC. 235. REPORT ON TREATMENT AND SERVICES FOR CHRONICALLY MENTALLY ILL VETERANS.

(a) REPORT REQUIREMENT.—The Administrator shall submit to the Committees on Veterans' Affairs of the Senate and House of Representatives a report on the Administrator's current use of authority— (1) to contract for care and treatment, and for rehabilitative services, for chronically mentally ill veterans through— I (A) halfway houses; (B) therapeutic communities;

% (C) psychiatric residential treatment centers; s (D) other community-based treatment facilities; and f (2) to furnish home health services to such veterans in such I veterans' homes or in other settings in which they reside (as 1 provided for in section 612 of title 38, United States Code, as amended by section 202). (b) DEFINITION,—For purposes of subsection (a), the term "chron-

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ically mentally ill veterans" means veterans who are eligible for health care from the Veterans' Administration and who are suffering from chronic mental illness disabilities. (c) DEADLINE FOR SUBMISSION.—The report under subsection (a) shall be submitted not later than December 15, 1987.

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Page:United States Statutes at Large Volume 100 Part 4.djvu/531

 PUBLIC LAW 99-576—OCT. 28, 1986 SEC.

100 STAT. 3267

236. DESIGNATION OF VETERANS' ADMINISTRATION MEDICAL CENTER IN PHOENIX, ARIZONA.

The Veterans' Administration Medical Center in Phoenix, Arizona, shall after the date of the enactment of this Act be known and designated as the "Carl T. Hayden Veterans' Administration Medical Center". Any reference to such medical center in any law, regulation, map, document, record, or other paper of the United States shall after such date be deemed to be a reference to the Carl T. Hayden Veterans' Administration Medical Center. SEC. 237. TECHNICAL AMENDMENTS.

(a) Section 610(a)(l)(C) is amended by inserting "who is in receipt 38 USC 610. of, or" after "veteran". (b)(1) Section 610(f)(3) is amended by adding at the end the following new subparagraph: "(F) A veteran may not be required to make a payment under this subsection or section 612(f) of this title for any days of care in excess of 360 days of care during any 365-calendar-day period.". (2) Section 612(f)(4) is amended— (A) by redesignating subparagraphs (D), (E), and (F) as subparagraphs (E), (F), and (G), respectively; and (B) by inserting after subparagraph (C) the following new subparagraph (D): ij|lj 3^>rj n^ "(D) A veteran may not be required to make a payment under this subsection if such payment would result in the veteran paying, under this subsection and section 610(f) of this title, a total amount greater than four times the amount of the inpatient Medicare deductible for care or services, or any combination thereof, furnished under this chapter during any 365-calendar-day period.". (c) The amendments made by this section shall take effect as of Effective date. April 7, 1986.

38 USC 610 note.

TITLE III—EDUCATION AND EMPLOYMENT

^

PART A—EDUCATION SEC. 301. APPRENTICESHIP OR OTHER ON-JOB TRAINING UNDER THE NEW GI BILL.

(a) IN GENERAL.—Section 1402(3) is amended to read as follows: "(3) The term 'program of education'— "(A) has the meaning given such term in section 1652(b) of this title, and "(B) includes a full-time program of apprenticeship or of other on-job training approved as provided in clause (1) or (2), as appropriate, of section 1787(a) of this title.". 0)) AMOUNT OF ASSISTANCE.—Section 1432 is amended by adding at

the end the following new subsection: "(c)(1) Except as provided in paragraph (2) of this subsection, the amount of the monthly educational assistance allowance payable to an individual pursuing a full-time program of apprenticeship or other on-job training under this chapter is— "(A) for each of the first six months of the individual's pursuit of such program, 75 percent of the monthly educational assistance allowance otherwise payable to such individual under this chapter;

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license: Creative Commons - Attribution Share-Alike - https://creativecommons.org/licenses/by-sa/4.0/


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 100 STAT. 3268

.013 D3li

38 USC 1434.

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PUBLIC LAW 99-576—OCT. 28, 1986

"(B) for each of the second six months of the individual's pursuit of such program, 55 percent of such monthly educational assistance allowance; and "(C) for each of the months following the first 12 months of the individual's pursuit of such program, 35 percent of such monthly educational assistance allowance. "(2) In any month in which an individual pursuing a program of education consisting of a program of apprenticeship or other on-job training fails to complete 120 hours of training, the amount of monthly educational assistance allowance payable under this chapter to the individual shall be limited to the same proportion of the applicable rate determined under paragraph (1) of this subsection as the number of hours worked during such month, rounded to the nearest eight hours, bears to 120 hours. "(3) For each month that an individual is paid a monthly educational assistance allowance under this chapter, the individual's entitlement under this chapter shall be charged at the rate of— "(A) 75 percent of a month in the case of payments made in accordance with paragraph (1)(A) of this subsection; "(B) 55 percent of a month in the case of payments made in accordance with paragraph (1)(B) of this subsection; and "(C) 35 percent of a month in the case of payments made in accordance with paragraph (1)(C) of this subsection.". (c) CONFORMING AMENDMENT.—Section 1434(a) is amended by striking out the parenthetical matter in the first sentence and inserting in lieu thereof "(with the exception of sections 1780(c), 1780(g), and 1787)". (d) CLERICAL AMENDMENTS.—(1) The heading of section 1432 is amended to read as follows: "§ 1432. Limitations on educational assistance for certain individuals'*. (2) The item relating to such section in the table of sections at the beginning of chapter 30 of such title is amended to read as follows: "1432. Limitations on educational assistance for certain individuals.". SEC. 302. EDUCATIONAL ASSISTANCE FOR CORRESPONDENCE COURSES UNDER THE NEW GI BILL.:« ir >
 * > #^-S

Section 1434 is amended— (1) by redesignating subsection (c) as subsection (d); and (2) by inserting after subsection (b) the following new subsection (c): "(c) When an eligible individual is pursuing a program of education under this chapter by correspondence, the individual's entitlement under this chapter shall be charged at the rate of one month's entitlement for each month of benefits paid to the individual.". SEC. 303. PROVISIONS RELATING TO REDUCTION OF PAY IN THE NEW GI BILL.

(a) IN GENERAL.—(1) Section 1411(b) is amended by striking out the second sentence and inserting in lieu thereof the following: "Any amount by which the basic pay of an individual is reduced under this subsection shall revert to the Treasury and shall not, for purposes of any Federal law, be considered to have been received by or to be within the control of such individual."

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 PUBLIC LAW 99-576—OCT. 28, 1986

100 STAT. 3269

(2) Section 1412(c) is amended by striking out the second sentence 38 USC 1412. and inserting in lieu thereof the following: "Any amount by which the basic pay of an individual is reduced under this subsection shall revert to the Treasury and shall not, for purposes of any Federal law, be considered to have been received by or to be within the control of such individual.". (b) EFFECTIVE DATE.—The amendments made by subsection (a) 38 USC 1411 shall apply to any reduction in basic pay made under section 1411(b) note. or 1412(c) of title 38, United States Code, after December 31, 1985. SEC. 304. ADVISORY COMMITTEE AMENDMENTS.

Section 1792 is amended— (1) in the first sentence of subsection (a)— (A) by striking out "an advisory committee" and inserting in lieu thereof "a Veterans' Advisory Committee on Education"; and (B) by inserting "30," after "chapter"; and (2) in the first sentence of subsection (b), by inserting "30," after "chapters". SEC. 305. CERTIFICATION UNDER NEW GI BILL.
 * ifj

Section 1434(b) is amended to read as follows: "(b) The Administrator may, pursuant to regulations which the Regulations. Administrator shall prescribe, determine and define enrollment in, pursuit of, and attendance at, any program of education by an individual enrolled in or pursuing a program of education under this chapter for any period for which the individual receives educational assistance under this chapter. Subject to such reports and proof as the Administrator may require to show an individual's enrollment in and satisfactory pursuit of such individual's program, the Administrator may withhold payment of benefits to such individual until the required proof is received and the amount of the payment is appropriately adjusted.". SEC. 306. BAR TO DUPLICATION OF BENEFITS.

(a) IN GENERAL.—Section 1433(a)(1) is amended by striking out "chapter 31" and all that follows through "both programs' and inserting in lieu thereof "chapter 31, 32, or 35 of this title, under chapter 106 or 107 of title 10, or under the Hostage Relief Act of 1980 (Public Law 96-449; 5 U.S.C. 5561 note) may not receive assistance under two or more of such programs". (b) SELECTED RESERVE SERVICE.—Section 1433(c) is amended to read as follows: "(c) An individual who serves in the Selected Reserve may not receive credit for such service under both the program established by this chapter and the program established by chapter 106 of title 10 but shall elect (in such form and manner as the Administrator 10 USC 2131 et may prescribe) the program to which such service is to be credited.", seq. SEC. 307. ADJUSTMENT OF DELIMITING PERIOD FOR INDIVIDUALS ENTITLED TO CERTAIN COMBINED BENEFITS.

.,..;,,

(a) IN GENERAL.—(1) Section 1411(a)(1)(B) is amended by inserting "and was on active duty on October 19, 1984, and without a break in service since October 19, 1984," after "title". (2) Section 1412(a)(l)(B) is amended by inserting "and was on active duty on October 19, 1984, and without a break in service since October 19, 1984," after "title".

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 100 STAT. 3270 %ii i Jciv' if

38 USC 1411, 1^12.

PUBLIC LAW 99-576—OCT. 28, 1986

(b) CONFORMING AMENDMENT.—Section 1431 is amended— "^' (1) by striking out "(d)" in subsection (a) and inserting in lieu thereof "(e)"; (2) by redesignating subsection (e) as subsection (f); and (3) by inserting after subsection (d) the following new subsection; "(e) In the case of an individual described in section 1411(a)(1)(B) or 1412(a)(1)(B) of this title who is entitled to basic educational assistance under this chapter, the 10-year period prescribed in subsection (a) of this section shall be reduced by an amount of time equal to the amount of time that such individual was not serving on active duty during the period beginning on January 1, 1977, and ending on October 18, 1984.". SEC. 308. WORK-STUDY ALLOWANCE UNDER THE NEW GI BILL AND THE POST-VIETNAM ERA VETERANS' EDUCATIONAL ASSISTANCE PROGRAM.

(a) NEW GI BILL.—The first sentence of section 1434(a) is amended by striking out "and 1683" and inserting in lieu thereof "1683, and 1685". (b) POST-VIETNAM ERA VETERANS' EDUCATIONAL ASSISTANCE PRO-

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GRAM.—Section 1641 is amended by inserting "1685," after "1683,". (c) CONFORMING AMENDMENT.—The first sentence of section 1685(b) is amended by striking out "education or training under chapters 31 and 34" and inserting in lieu thereof "rehabilitation, education, or training under chapter 30, 31, 32, or 34". SEC. 309. TERMINATION OF ENROLLMENTS IN POST-VIETNAM ERA VETERANS' EDUCATIONAL ASSISTANCE PROGRAM.

(a) IN GENERAL.—(1) Section 1601(1) is amended by inserting "and before July 1, 1985," after "December 31, 1976,". (2) Section 1602(1)(A) is amended— (1) by inserting "and before July 1, 1985," after "January 1, 1977," both places it appears; and (2) by striking out "such date" both places it appears and inserting in lieu thereof "January 1, 1977". (3) Section 1621(a) is amended— (A) by inserting "and before July 1, 1985," after "January 1, 1977,"; and (B) by inserting "before July 1, 1985" before the period at the end of the first sentence. 38 USC 1621

''°^38 USC 1601 note. 38 USC 1601 et s«9 Uniformed services.

(b) CONFORMING REPEAL.—Section 704 of the Veterans'

Edu-

cational Assistance Act of 1984 (title VII of Public Law 98-525; 98 Stat. 2564) is repealed. (c) EXCEPTION.—Notwithstanding the amendments made by subsection (a), any individual on active duty in the Armed Forces who was eligible on June 30, 1985, to enroll in the program established by chapter 32 of title 38, United States Code, may enroll, before April 1, 1987, in such program. (d) NoTiCE REQUIREMENT.—The Secretary of Defense, and the Secretary of Transportation with respect to the Coast Guard when it is not operating as a service in the Navy, shall carry out activities for the purpose of notifying, to the maximum extent feasible, individuals described in subsection (c) of the opportunity provided by such subsection.

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 PUBLIC LAW 99-576—OCT. 28, 1986

100 STAT. 3271

SEC. 310. ON-JOB TRAINING UNDER THE POST-VIETNAM ERA VETERANS' EDUCATIONAL ASSISTANCE PROGRAM.

(a) IN GENERAL.—Section 1602 is amended— (1) by striking out paragraph (2) and inserting in lieu thereof the following: "(2) The term 'program of education'— "(A) has the meaning given such term in section 1652(b) of this title, and "(B) includes a full-time program of apprenticeship or other on-job training approved as provided in clause (1) or (2), as appropriate, of section 1787(a) of this title."; and (2) by adding at the end the following new paragraphs: "(4) The term 'educational institution' has the meaning given such term in section 1652(c) of this title. "(5) The term 'training establishment' has the meaning given such term in section 1652(e) of this title.". (b) AMOUNT OF PAYMENT.—(1) Section 1631(a)(2) is amended by striking out "The" and inserting in lieu thereof "Except as provided in section 1633 of this title and subject to section 1641 of this title, the". (2) Subchapter III of chapter 32 is amended by adding at the end the following new section:

38 USC 1602. l i - H ">K.'n m

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"§ 1633. Apprenticeship or other on-job training 38 USC 1633. "(a) Except as provided in subsection (b) of this section, the amount of the monthly benefit payment to an individual pursuing a full-time program of apprenticeship or other on-job training under this chapter is— "(1) for each of the first six months of the individual's pursuit of such program, 75 percent of the monthly benefit payment otherwise payable to such individual under this chapter; "(2) for each of the second six months of the individual's pursuit of such program, 55 percent of such monthly benefit payment; and "(3) for each of the months following the first 12 months of the individual's pursuit of such program, 35 percent of such monthly benefit payment. "(b) In any month in which an individual pursuing a program of education consisting of a program of apprenticeship or other on-job training fails to complete 120 hours of training, the amount of the monthly benefit payment payable under this chapter to the individual shall be limited to the same proportion of the applicable rate determined under subsection (a) of this section as the number of hours worked during such month, rounded to the nearest eight hours, bears to 120 hours. "(c) For each month that an individual is paid a monthly benefit payment under this chapter, the individual's entitlement under this chapter shall be charged at the rate of— "(1) 75 percent of a month in the case of payments made in accordance with subsection (a)(1) of this section; ,,,,;, "(2) 55 percent of a month in the case of payments made in accordance with subsection (a)(2) of this section; and "(3) 35 percent of a month in the case of payments made in accordance with subsection (a)(3) of this section.".

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 100 STAT. 3272

PUBLIC LAW 99-576—OCT. 28, 1986

(3) The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 1632 the following new item: 38 USC 1641.

38 USC 1770.

"1633. Apprenticeship or other on^ob training.". ai^4: ^ic (c) ADMINISTRATION.—Section 1641 is amended—

(1) by inserting "(a)" before "The"; (2) by striking out "sections 1777, 1780(c), and 1787) shall be applicable to the program." and inserting in lieu thereof "section 1787) shall be applicable with respect to individuals who are pursuing programs of education while serving on active duty."; and (3) by adding at the end the following new subsection: "(b) The provisions of sections 1663, 1670, 1671, 1673, 1674, 1676, 1683, and 1691(a)(1) of this title and the provisions of chapter 36 of this title (with the exception of section 1787) shall be applicable with respect to individuals who are pursuing programs of education following discharge or release from active duty.". SEC. 311. DURATION OF AND LIMITATIONS ON ENTITLEMENT TO POSTVIETNAM ERA VETERANS' EDUCATIONAL ASSISTANCE.

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The text of section 1632 is amended to read as follows: "(a)(1) Except as provided in paragraphs (2) and (3) of this subsection, educational assistance benefits shall not be afforded an eligible veteran under this chapter more than 10 years after the date of such veteran's last discharge or release from active duty. "(2)(A) If any eligible veteran was prevented from initiating or completing such veteran's chosen program of education during the delimiting period determined under paragraph (1) of this subsection because of a physical or mental disability which was not the result of such veteran's own willful misconduct, such veteran shall, upon application made in accordance with subparagraph (B) of this paragraph, be granted an extension of the applicable delimiting period for such length of time as the Administrator determines, from the evidence, that such veteran was so prevented from initiating or completing such program of education. "(B) An extension of the delimiting period applicable to an eligible veteran may be granted under subparagraph (A) of this paragraph by reason of the veteran's mental or physical disability only if the veteran submits an application for such extension to the Administrator within one year after (i) the last date of the delimiting period otherwise applicable to the veteran under paragraph (1) of this subsection, or (ii) the termination date of the period of the veteran's mental or physical disability, whichever is later. "(3) When an extension of the applicable delimiting period is granted an eligible veteran under paragraph (2) of this subsection, the delimiting period with respect to such veteran shall again begin to run on the first day after such veteran's recovery from such disability on which it is reasonably feasible, as determined in accordance with regulations prescribed by the Administrator, for such veteran to initiate or resume pursuit of a program of education with educational assistance under this chapter. "(b)(1) In the event that an eligible veteran has not utilized any or all of such veteran's entitlement by the end of the delimiting period applicable to the veteran under subsection (a) of this section, such eligible veteran is automatically disenrolled.

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 PUBLIC LAW 99-576—OCT. 28, 1986

100 STAT. 3273

"(2)(A) Any contributions which were made by a veteran disenroUed under paragraph (1) of this subsection and remain in the fund shall be refunded to the veteran after notice of disenrollment is transmitted to the veteran and the veteran applies for such refund. "(B) If no application for refund of contributions under subparagraph (A) of this paragraph is received from a disenrolled veteran within one year after the date the notice referred to in such subparagraph is transmitted to the veteran, it shall be presumed, for the purposes of section 1322(a) of title 31, that the veteran's whereabouts is unknown and the funds shall be transferred as provided in such section.".

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SEC. 312. EDUCATIONAL AND VOCATIONAL COUNSELING.

Section 1663 is amended by inserting after the first sentence the 38 USC 1663. following: "In any case in which the Administrator has rated the veteran as being incompetent, such counseling shall be required to be provided to the veteran prior to the selection of a program of education or training.". SEC. 313. DELIMITING PERIOD UNDER THE SURVIVORS' AND DEPENDENTS' EDUCATIONAL ASSISTANCE PROGRAM. Section 1712(b) is amended by adding at the end the following: "(3)(A) Notwithstanding the provisions of paragraph (1) of this subsection, any eligible person (as defined in clause (B) or (D) of section 1701(a)(1) of this title) may, subject to the approval of the Administrator, be permitted to elect a date referred to in subparagraph (B) of this paragraph to commence receiving educational assistance benefits under this chapter. The date so elected shall be the beginning date of the delimiting period applicable to such person under this section. "(B) The date which an eligible person may elect under subparagraph (A) of this paragraph is any date during the period beginning on the date the person became an eligible person within the meaning of clause (B) or (D) of section 1701(a)(l) of this title and ending on the date determined under subparagraph (A), (B), or (C) of paragraph (1) of this subsection to be applicable to such person.". SEC. 314. ELIMINATION OF THE REQUIREMENT FOR AN EDUCATION PLAN FOR SURVIVORS AND DEPENDENTS. (a) IN GENERAL.—Section 1720 is amended to read as follows: "§ 1720. Educational and vocational counseling "The Administrator may, upon request, arrange for educational or vocational counseling for persons eligible for benefits under this chapter to assist such persons in selecting their educational, vocational, or professional objectives and in developing their programs of education.". (b) CONFORMING AMENDMENTS.—(1) Section 1721 is amended—

(A) by striking out "finally"; (B) by striking out clause (1); and (C) by redesignating clauses (2), (3), (4), and (5) as clauses (1), (2), (3), and (4), respectively. (2) The heading of such section is amended to read as follows:

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 100 STAT. 3274

PUBLIC LAW 99-576—OCT. 28, 1986

"§ 1721. Approval of application". (3) The items relating to sections 1720 and 1721 in the table of sections at the beginning of chapter 35 are amended to read as follows: "1720. Educational and vocational counseling. "1721. Approval of application.".

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"

SEC. 315. MEASUREMENT OF CERTAIN NONCOLLEGE DEGREE COURSES.

38 USC 1780.

(a) IN GENERAL.—(1) Section 1780(a) is amended— (A) in clause (1), by inserting ", or a course that meets the requirements of section 1788(a)(7) of this title," after "degree"; and • tai ')8r f p; (B) ill clause (2), by inserting "courses that meet the requirements of section 1788(a)(7) of this title and" after "excluding". (2) Section 1788 is amended— (A) in subsection (a)— - j, (i) by striking out "and" at the end of clause (5); (ii) by striking out the period at the end of clause (6) and '•'^: inserting in lieu thereof "; and"; and (iii) by inserting after clause (6) the following new clause: "(7) an institutional course not leading to a standard college degree, offered by a fully accredited institution of higher learning in residence on a standard quarter- or semester-hour basis, shall be measured as full time on the same basis as provided in clause (4) of this subsection if (A) such course is approved pursuant to section 1775 of this title, and (B) a majority of the total credits required for the course is derived from unit courses . _ or subjects offered by the institution as part of a course, so _ "" approved, leading to a standard college degree."; and (B) in subsection (c), by striking out "(4)". (b) DETERMINATION IN CERTAIN CASES.—Section 1788 is amended

by inserting at the end the following new subsection: "(e) For the purpose of determining whether a course— .f.,,., "(1) which is offered by an institution of higher learning, and -•••-in- u^2) for which such institution requires one or more unit courses or subjects for which credit is granted toward a stand• ' ard college degree will, during the semester (or quarter or other applicable portion of the academic year) when such unit course or subject is being pursued, be considered full time under clause (1) or (2) of subsection (a) of this section, each of the numbers of hours specified in such clause shall be deemed to be reduced, during such semester (or other portion of the academic year), by the percentage described in the following sentence and rounded as the Administrator may prescribe. Such percentage is the percentage that the number of semester hours (or the equivalent thereof) represented by such unit course or subject is of the number of semester hours (or the equivalent thereof) which, under clause (4) of such subsection, constitutes a fulltime institutional undergraduate course at such institution.". SEC. 316. PAYMENT OF EDUCATIONAL ASSISTANCE FOR CERTAIN LESSTHAN-HALF-TIME TRAINING.

The first sentence of section 1780(f) is amended by striking out "during" and inserting in lieu thereof "not later than the last day of.

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 PUBLIC LAW 99-576—OCT. 28, 1986

100 STAT. 3275

SEC. 317. PROHIBITION ON BENEFITS UNDER MORE THAN ONE EDUCATIONAL ASSISTANCE PROGRAM, Section 1781(b) is amended by striking out "for the pursuit of the 38 USC 1781. same program of education". SEC. 318. REPORTING REQUIREMENTS FOR EDUCATIONAL INSTITUTIONS. Section 1784(a) is amended— (1) by striking out "(a) The" and inserting in lieu thereof "(a)(1) Except as provided in paragraph (2) of this subsection, the"; and (2) by adding at the end the following new paragraph: "(2)(A) In the case of a program of independent study pursued on less than a half-time basis in an educational institution, the Administrator may approve a delay by the educational institution in reporting the enrollment or reenrollment of an eligible veteran or eligible person until the end of the term, quarter, or semester if the educational institution requests the delay and the Administrator determines that it is not feasible for the educational institution to monitor interruption or termination of the veteran's or eligible person's pursuit of such program. "(B) An educational institution which, pursuant to subparagraph (A) of this paragraph, is delaying the reporting of the enrollment or reenrollment of a veteran shall provide the veteran with notice of the delay at the time that the veteran enrolls or reenrolls.". SEC. 319. PROHIBITION OF A TERM-BY-TERM CERTIFICATION REQUIREMENT. Section 1784(a), as amended by section 318 of this Act, is further amended by adding at the end the following new paragraph: "(3)(A) Subject to subparagraph (B) of this paragraph, an educational institution offering courses on a term, quarter, or semester basis may certify the enrollment of a veteran who is not on active duty, or of an eligible person, in such courses for more than one term, quarter, or semester at a time, but not for a period extending beyond the end of a school year (including the summer enrollment period). "(B) Subparagraph (A) of this paragraph shall not apply with respect to any term, quarter, or semester for which the veteran or eligible person is enrolled on a less than half-time basis and shall not be construed as restricting the Administrator from requiring that an educational institution, in reporting an enrollment for more than one term, quarter, or semester, specify the dates of any intervals within or between any such terms, quarters, or semesters.". SEC. 320. COMMISSION TO ASSESS VETERANS' EDUCATION POLICY. 38 USC 1792 (a) ESTABLISHMENT AND MEMBERS.—(1) There is established a Commission on Veterans' Education Policy (hereafter in this section referred to as the "Commission"), (2)(A) The Commission shall consist of 11 members, 10 of whom '"^ ' shall be appointed, not later than March 1, 1987, by the Administrator of Veterans' Affairs in consultation with the chairmen and the ranking minority members of the Committees on Veterans' Affairs of the Senate and of the House of Representatives (hereafter in this section referred to as "the Committees"), and one of whom shall be the chairman of the Advisory Committee on Education established under section 1792 of title 38, United States Code (as amended by section 304).

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 100 STAT. 3276

PUBLIC LAW 99-576—OCT. 28, 1986

(B) The members of the Commission— (i) shall be broadly representative of entities engaged in .!•: i)J^^'UHi, providing education and training and of veterans' service organizations; and (ii) shall be selected on the basis of their knowledge of and experience in education and training policy and the implementation of such policy with respect to programs of assistance administered by the Veterans' Administration. (3) The Administrator of Veterans' Affairs, the ex officio members of the Advisory Committee on Education referred to in paragraph (2)(A), and the chairmen and ranking minority members of the Committees (or, in the case of any such individual, a designee of any such individual) shall be ex officio, nonvoting members of the Commission. (4)(A) The Administrator shall designate a member from among the voting members of the Commission to chair the Commission. (B) The chairman of the Commission, with the concurrence of the Commission, shall appoint an executive director, who shall be the chief executive officer of the Commission and shall perform such duties as are prescribed by the Commission. (C) The Administrator shall furnish the Commission with such professional, technical, and clerical staff and services and administrative support as the Commission determines necessary for the Commission to carry out the provisions of this section effectively. (b) FIRST REPORT.—(1) Not later than 18 months after the date on which at least 8 members of the Commission have been appointed, the Commission shall submit a report on the Commission's findings and recommendations on the matters described in paragraph (2) of this subsection to the Administrator and the Committees. (2) The report required by paragraph (1) shall include the Commission's findings, views, and recommendations on the following matters: (A) The need for distinctions between certificate-granting courses and degree-granting courses. (B) The measurement of courses for the purposes of payment of educational assistance benefits. (C) The vocational value of courses offered through home study. (D) The role of innovative and nontraditional programs of education and the manner in which such programs should be treated for purposes of payment of educational assistance bene. fits by the Veterans' Administration, including courses that result in the achievement of continuing education units. (E) Such other matters relating to administration of chapters 38 USC 1401 et 30, 31, 32, 34, 35, and 36 of title 38, United States Code, by the seq., 1500 et seq.. Veterans' Administration as (i) the Commission considers efse ^^iTOOef appropriate or necessary, or (ii) are suggested by the Adminisseg.!^i'770 et seq. trator or, concurrently, by the chairmen and ranking minority members of the Committees. (c) INTERIM AND FINAL REPORTS.—(1) Not later than 6 months after the date on which the report is submitted under subsection (b), the Administrator shall submit an interim report to the Committees. The interim report shall contain— (A) the Administrator's views on the desirability, feasibility, and cost of implementing each of the Commission's reca* ommendations, and the actions taken or planned with respect to the implementation of such recommendations;,

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100 STAT. 3277

(B)(i) the Administrator's views on any legislation or regulations proposed by the Commission, (ii) the Administrator's views on the need for any alternative or additional legislation or regulations to implement the Commission's recommendations, (iii) the Administrator's recommendations for any such alternative or additional legislation, (iv) the proposed text of any regulations referred to in subclause (i) or (ii) which the Administrator considers necessary and the proposed text of any legislation referred to in such subclause which is recommended by the Administrator, and (v) a cost estimate for the implementation of any regulations and legislation referred to in such subclause; and (C) any other proposals that the Administrator considers appropriate in light of the Commission's report. (2) Not later than 90 days after the date on which the Administrator's interim report is submitted under paragraph (1), the Commission shall submit a report to the Administrator and the Committees containing the Commission's views on the Administrator's interim report. (3) Not later than two years after the date on which the Commission's report is submitted under subsection (b), the Administrator shall submit a final report to the Committees, The final report shall include the actions taken with respect to the recommendations of the Commission and any further recommendations the Administrator considers appropriate. (d) TERMINATION.—'The Commission shall terminate 90 days after the date on which the Administrator submits the final report required by subsection (c)(3). SEC. 321. TECHNICAL AND CLERICAL AMENDMENTS.

Title 38 is amended as follows: (1) Section 1411(a) is amended— (A) in clause (l)(A)(ii)(II), by inserting "continuous" after ,_ "months o f both places it appears; and piu(g) jjj clause (l)(B)(ii)(II), by inserting "continuous" after "months of. Ijjo - (2) Section 1412 is amended— (A) in subsection (a), by striking out "subsection (c)" and inserting in lieu thereof "subsection (d)"; and (B) in subsection (b)(1), by inserting "such" after "three i"- and one-half years of". . (3) Section 1413 is amended— ' (A) in subsection (a)(2), by inserting the following before '' «J0 the period at the end: "after the date of the beginning of the period for which the individual's basic pay is reduced under ^iiT. section 1411(b) of this title, in the case of an individual described in section 1411(a)(l)(A)(ii)(I) of this title, or after June 30, 1985, in the case of an individual described in section 1411(a)(l)(B)(ii)(I)of this title"; and (B) in subsection (b)— '••'; (i) by inserting in clause (1) after "individual" the following: "after the date of the beginning of the period for which such individual's basic pay is reduced under .-ofiB ",ti section 1412(c) of this title, in the case of an individual described in section 1412(a)(1)(A), or after June 30, 1985, in the case of an individual described in section 1412(a)(1)(B) of this title"; and
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Page:United States Statutes at Large Volume 100 Part 4.djvu/542

 100 STAT. 3278 -&li;>vi V i.' y • 38 USC 1416.

38 USC 1651 et

PUBLIC LAW 99-576—OCT. 28, 1986

(ii) by inserting "after the applicable date specified in clause (1) of this subsection" after "Selected Reserve" in clause (2). (4) The text of section 1416 is amended to read as follows: "(a) A member of the Armed Forces who— "(1) first becomes a member or first enters on active duty as a member of the Armed Forces after June 30, 1985, and does not make an election under section 1411(c)(1) or section 1412(d)(1); "(2) completes at least two years of service on active duty after such date; eeit "(3) after such service, continues on active duty or in the Selected Reserve without a break in service (except as described -~Sf in section 1412(b)(2) of this title); and "(4) but for section 1411(a)(l)(A)(i)(I) or 1412(a)(l)(A)(ii) of this title would be eligible for basic educational assistance, may receive educational assistance under this chapter for enrollment in an approved program of education while continuing to perform the duty described in section 1411(a)(l)(A)(i)(I) or 1412(a)(l)(A)(ii) of this title. "(b) A member of the Armed Forces who— "(1) as of December 31, 1989, is eligible for educational assistg^ce benefits under chapter 34 of this title; "(2) after June 30, 1985, has served the two years required by • section 1412(a)(l)(B)(i); and "(3) but for section 1412(a)(l)(B)(ii) of this title would be eligible for basic educational assistance, may, after December 31, 1989, receive educational assistance under this chapter for enrollment in an approved program of education while continuing to perform the duty described in section 1412(a)(l)(B)(ii) of this title.". (5) Section 1421 is amended by striking out "in addition to" ,% each place it appears in subsections (a)(1) and (b)(1) and insertk ing in lieu thereof "after". ^,j^ (6) Section 1421(c)(1) is amended by striking out "his" and inserting in lieu thereof "the member's". (7)(A) Subsection (a) of section 1431 is amended by striking out y^^ "(d)" and inserting in lieu thereof "(e)". (B) Subsection (b) of such section is amended— s'- !fii' ^^^ ^y striking out "subchapter II or III of; (ii) by striking out "of such subchapter" and inserting in lieu thereof "of this chapter"; ,. (iii) by striking out "(1)" after "before"; and (iv) by striking out "or (2)" and all that follows through "1412(a)(3) of this title,". (C) Subsection (e)(2) of such section is amended by inserting "not" after "educational institution". til (8) Section 1435(b)(2) is amended by striking out "section 1415(a)" and inserting in lieu thereof "subsection (a) or (b) of section 1415". (9) Section 1781(b) is amended by striking out "Chapter 107" in clause (2) and inserting in lieu thereof "Chapters 106 and 107". (10) Section 3013 is amended by inserting "30," after "chapters". (11) Section 3103A(b)(3) is amended— (A) by striking out "or" at the end of clause (D);

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 PUBLIC LAW 99-576—OCT. 28, 1986

100 STAT. 3279

(B) by striking out the period at the end of clause (E) and inserting in lieu thereof "; or"; and (C) by adding at the end the following new clause: "(F) to benefits under chapter 30 of this title in the case of 38 USC 1401 et a person entitled to benefits under such chapter by reason seq. of section 1411(a)(l)(A)(ii)(II) of this title.". PART B—EMPLOYMENT AND OTHER PROGRAMS SEC. 331. EMPLOYMENT RIGHTS OF CERTAIN INDIVIDUALS.

Section 2021(b)(3) is amended— (1) by inserting "seeks or" after "who"; (3) by inserting a comma after "employment" the first place it appears. SEC. 332. VETERANS' READJUSTMENT APPOINTMENTS.
 * j,r,f/ (2) by inserting "hiring," after "shall not be denied"; and

Section 2014(b)(2) is amended by striking out "September 30, 1986" and inserting in lieu thereof "December 31, 1989". SEC. 333. EXTENSION OF PROGRAM OF INDEPENDENT LIVING SERVICES AND ASSISTANCE. (a) EXTENSION OF AUTHORITY AND CLARIFYING AMENDMENT.—(1)

Section 1520(a) is amended— (A) in paragraphs (1), (5), and (6), by striking out "1985" each place it appears and inserting in lieu thereof "1989"; and (B) in paragraph (2), by inserting "currently" after "goal". (b) CONFORMING AMENDMENTS.—(1) Paragraphs (6)(B) and (9)(A)(i) of section 1501 are amended by inserting "currently" after "be". (2) Section 1503(d) is amended by inserting "currently" after "goal". (3) Section 1505 is amended— •; (A) in subsection (a), by inserting "currently" after "whether I it"; ' (B) in subsection (b), by inserting "current" after "of the"; and (C) in subsection (d), by inserting "currently" after "goal". (A) in subsection (a)(2)(B), by inserting "currently" after i "goal"; e (B) in subsection (b), by inserting "currently" after "goal"; (C) in subsection (c), by inserting "currently" after "goal" the i first place it appears; and iii.. (D) in subsection (d)— (i) in the first sentence, by inserting "currently" after Gei& "veteran"; and (ii) in the third sentence, by inserting "currently" after e "goal" and after "achievement" the second place it appears. (5) Section 1509 is amended by inserting "currently" after "veteran" the first place it appears. (6) The heading for section 1520 is amended by striking out "Pilot Program" and inserting in lieu thereof "Program". (7) The item relating to section 1520 in the table of sections at the beginning of chapter 31 is amended by striking out "Pilot program" and inserting in lieu thereof "Program". (c) REPORT.—Section 1520(b) is amended to read as follows: "(b) Not later than February 1, 1989, the Administrator shall submit to the Committees on Veterans' Affairs of the Senate and the
 * (4) Section 1506 is amended—

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Page:United States Statutes at Large Volume 100 Part 4.djvu/544

 100 STAT. 3280

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SEC. 401. SPECIALLY ADAPTED HOUSING.

38 USC 801.

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(a) IN GENERAL.—Section 801(b)(1) is amended by inserting before the period the following: "or in acquiring a residence already adapted with special features determined by the Administrator to be reasonably necessary for the veteran because of such disability", (b) CONFORMING AMENDMENT.—Section 802(b)(1) is amended by

striking out "cost" and inserting in lieu thereof "cost, or, in the case of a veteran acquiring a residence already adapted with special features, the fair market value,". SEC. 402. CREDIT UNDERWRITING AND LOAN PROCESSING STANDARDS.

(a) IN GENERAL.—Section 1810(b)(3) is amended by inserting before the semicolon at the end the following: ", as determined in accordance with the credit underwriting standards established pursuant to subsection (g) of this section". (b) DEFINITION AND STANDARDS.—Section 1810 is amended by

Regulations.

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adding at the end the following new subsection: "(g)(1) For the purposes of this subsection, the term 'veteran', when used with respect to a loan guaranteed or to be guaranteed under this chapter, includes the veteran's spouse if the spouse is jointly liable with the veteran under the loan. "(2) For the purpose of determining whether a veteran meets the standards referred to in subsection (b)(3) of this section and section 1819(e)(2) of this title, the Administrator shall prescribe regulations which establish— "(A) credit underwriting standards to be used in evaluating i9.fi. loans to be guaranteed under this chapter; and "(B) standards to be used by lenders in obtaining credit information and processing loans to be guaranteed under this chapter. "(3) In the regulations prescribed under paragraph (2) of this subsection, the Administrator shall establish standards that include— "(A) debt-to-income ratios to apply in the case of the veteran iBfl applying for the loan; sin "(B) criteria for evaluating the reliability and stability of the - .sv income of the veteran applying for the loan; and "(C) procedures for ascertaining the monthly income required by the veteran to meet the anticipated loan payment terms. "(4)(A) Any lender making a loan under this chapter shall certify, in such form as the Administrator shall prescribe, that the lender has complied with the credit information and loan processing standards established under paragraph (2)(B) of this subsection, and that, to the best of the lender's knowledge and belief, the loan meets the underwriting standards established under paragraph (2)(A) of this subsection. ._ ^.

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 PUBLIC LAW 99-576—OCT. 28, 1986

100 STAT. 3281

"(B) Any lender who knowingly and willfully makes a false certification under subparagraph (A) of this paragraph shall be liable to the United States Government for a civil penalty equal to two times the amount of the Administrator's loss on the loan involved or to another appropriate amount, not to exceed $10,000, whichever is greater. All determinations necessary to carry out this subparagraph shall be made by the Administrator. "(5) Pursuant to regulations prescribed to carry out this paragraph, the Administrator may, in extraordinary situations, waive the application of the credit underwriting standards established under paragraph (2) of this subsection when the Administrator determines, considering the totality of circumstances, that the veteran is a satisfactory credit risk.". (c) CONFORMING AMENDMENTS.—(1) Section 1816 is amended by

Law enforcement and

38 USC 1816.

adding at the end the following new subsection: "(e) The Administrator may not make a loan to finance a pur- Real property. chase of property acquired by the Administrator as a result of a default on a loan guaranteed under this chapter unless the purchaser meets the credit underwriting standards established under section 1810(g)(2)(A) of this title.". (2) Section 1819(e)(2) is amended by inserting "as determined in accordance with the regulations prescribed under section 1810(g) of this title and" after "credit risk,". SEC. 403. FORECLOSURE INFORMATION.

Section 1816, as amended by section 402(c)(1) of this Act, is amended by adding a t the end the following new subsection: "(0(1) The Administrator shall identify and compile information on common factors which the Administrator finds contribute to foreclosures on loans guaranteed under this chapter. "(2) The Administrator shall include a summary of the information compiled, and the Administrator's findings, under paragraph (1) of this subsection in the annual report submitted to the Congress under section 214 of this title. As part of such summary and findings, the Administrator shall provide a separate analysis of the factors which contribute to foreclosures of loans which have been assumed.". SEC. 404. COMPETITIVE CONTRACTING REQUIREMENTS.

Section 1820(b) is amended by striking out "$1,000" and inserting in lieu thereof "the amount prescribed in clause (1) of the first sentence of such section". SEC. 405. AUTHORITY TO TRANSFER FUNDS.

Section 1823 is amended by adding at the end the following new subsection: "(d)(1) The Secretary of the Treasury shall transfer from the direct loan revolving fund to the loan guaranty revolving fund established by section 1824(a) of this title such amounts as the Administrator determines are not needed in the direct loan revolving fund. "(2) Not later than 30 days after the date on which the Secretary makes a transfer under paragraph (1) of this subsection, the Administrator shall submit a notice of such transfer to the appropriate committees of the Congress.".

Reports.

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Page:United States Statutes at Large Volume 100 Part 4.djvu/546

 100 STAT. 3282

PUBLIC LAW 99-576—OCT. 28, 1986

SEC. 406. USE OF ATTORNEYS IN HOME LOAN FORECLOSURES. ban liiOa-90

The second sentence of section 1830(a) is amended by striking out "With the concurrence of the Attorney General of the United States, the" and inserting in lieu thereof "The". SEC. 407. APPRAISALS. '!.*!''^^'CPl^ ".^^^7.^7Z (a) IN GENERAL.—Subchapter III of chapter 37 is amended by adding at the end the following new section 1831:

"§ 1831. Appraisals 7 ••^'"-••'•^-'-'^^^{—''V ••"^^"• Loans. "(a) The Administrator shall— Real property. "(1) in Consultation with appropriate representatives of 38 USC 1834. institutions which are regularly engaged in making housing loans, prescribe uniform qualifications for appraisers; '^ "(2) use such qualifications in determining whether to approve an appraiser to make appraisals of the reasonable .-^:X|0"q value of any property, construction, repairs, or alterations for the purposes of this chapter; and "(3) in consultation with local representatives of institutions described in clause (1) of this subsection, develop and maintain lists of appraisers who are approved under clause (2) of this subsection to make appraisals for the purposes of this chapter. "(b) The Administrator shall select appraisers from a list required by subsection (a)(3) of this section on a rotating basis to make appraisals for the purposes of this chapter. "(c) The Administrator shall, upon request, furnish a copy of the appraisal made of property for the purposes of this chapter to the lender proposing to make the loan which is to be secured by such property and is to be guaranteed under this chapter. "(d) If a lender— "(1) has proposed to make a loan to be guaranteed under this s'x.iB fc chapter, li» "(2) has been furnished a certificate of reasonable value of & any property or of any construction, repairs, or alterations of • property which is to be the security for such loan, and "(3) within a reasonable period prescribed by the Adminis/. ' trator, has furnished to the Administrator an additional appraisal of the reasonable value of such property, construction, repairs, or alterations which was made by an appraiser selected by the lender from the list required by subsection (a)(3) of this section, the Administrator shall consider both the initial appraisal and the 1 additional appraisal and shall, if appropriate, issue a revised certifiI cate of reasonable value of such property, construction, repairs, or alterations. "(e)(1) In no case may a veteran be required to pay all or any portion of the cost of the additional appraisal described in subsection (d)(3) of this section. "(2) If a veteran, within a reasonable period prescribed by the Administrator, has furnished to the Administrator an additional appraisal of the reasonable value of such property, construction, repairs, or alterations which was made by an appraiser selected by the veteran from the list required by subsection (a)(3) of this section, the Administrator shall consider such appraisal, along with other appraisals furnished to the Administrator, and shall, if appropriate, issue a revised certificate of reasonable value of such property, construction, repairs, or alterations.".

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 PUBLIC LAW 99-576—OCT. 28, 1986

100 STAT. 3283

(b) CLERICAL AMENDMENT.—The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 1830 the following new item: "1831. Appraisals.". SEC. 408. FURNISHING INFORMATION TO REAL ESTATE PROFESSIONALS TO FACILITATE THE DISPOSITION OF PROPERTIES.

(a) IN GENERAL.—Subchapter III of chapter 37, as amended by section 407(a) of this Act, is further amended by adding at the end the following new section: "§ 1832. Furnishing information to real estate professionals to facilitate the disposition of properties "The Administrator shall furnish to real estate brokers and other real estate sales professionals information on the availability of real property for disposition under this chapter and the procedures used by the Veterans' Administration to dispose of such property.". (b) CLERICAL AMENDMENT.—The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 1831, as added by section 4070?) of this Act, the following new item:

38 USC 1832.

"1832. Furnishing information to real estate professionals to facilitate the disposition of properties.". SEC. 409. HOME LOAN ORIGINATION FEE.

38 USC 1829

It is the sense of the Congress that the Veterans' Administration loan origination fee should not be increased above its present level of one percent of the amount of the loan guaranteed.

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PART B—NATIONAL CEMETERIES

i

SEC. 411. NATIONAL CEMETERY GRAVE MARKERS.

.BIB

.;, Section 1004(c) is amended— (1) by striking out "Each" and inserting in lieu thereof "(1) Subject to paragraph (2), each"; and (2) by adding at the end the following: "(2) The grave markers referred to in paragraph (1) shall be upright for interments that occur on or after January 1, 1987, except that— "(A) in the case of any cemetery scheduled to be closed by g. September 30, 1991, as indicated in the documents submitted by the Administrator to the Congress in justification for the g ^ amounts included for Veterans' Administration programs in the President's Budget for fiscal year 1987, the Administrator may provide for flat grave markers; and "(B) in the case of any cemetery with a section which has flat g^ markers on the date of the enactment of the Veterans' Benefits ^, Improvement and Health-Care Authorization Act of 1986, the Administrator may continue to provide for flat grave markers in such section.". SEC. 412. REPORTS ON THE NATIONAL CEMETERY SYSTEM.

(a) IN GENERAL.—Not later than 90 days after the date of the enactment of this Act, the Administrator of Veterans' Affairs shall submit to the Committees on Veterans' Affairs of the Senate and the House of Representatives a report on the National Cemetery System established by section 1000 of title 38, United States Code. The

38 USC 1000

,

•

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 100 STAT. 3284

AS

PUBLIC LAW 99-576—OCT. 28, 1986

Administrator shall submit a second such report not later than 60 months after such date. (b) CONTENTS.—Each report required by subsection (a) shall include— (1) a plan for the operation of the National Cemetery System through the year 2000, including a description of anticipated general trends relating to the operation of the National Ceme• = tery System between the years 2000 and 2020 and a discussion i i- of the provisions of the plan which were developed in response to those trends; (2) a list, in order of priority, of the 10 geographic areas in the Hr United States in which the need for additional burial space for veterans is greatest; (3) assessments of the desirability and feasibility of acquiring existing State veterans' cemeteries in the geographic areas / identified on the list described in clause (2) and of the role of State veterans' cemeteries in such areas and generally in meeting the needs for burial space for veterans; and (4) general plans (including projected costs, site location, and, if appropriate, necessary land acquisition) for any anticipated expansion of the National Cemetery System, including plans for '« meeting (A) the need for burial space for veterans in each geographic area identified on the list described in clause (2), and ^ (B) the need for burial space for veterans in cemeteries other .' than cemeteries in the National Cemetery System in those J areas. SEC. 413. MEMORIAL AREAS IN ARLINGTON NATIONAL CEMETERY.

(a) IN GENERAL.—Chapter 24 is amended by adding at the end the following new section: ss'^sc^ioos

(' '• 'If ] fi'

"^ 1009. Memorial areas in Arlington National Cemetery "(a) The Secretary of the Army may set aside, when available, a suitable area or areas in Arlington National Cemetery, Virginia, to honor the memory of members of the Armed Forces and veterans— "(1) who are missing in action; j_ "(2) whose remains have not been recovered or identified; "(3) whose remains were buried at sea, whether by the mem,^.; ber's or veteran's own choice or otherwise; "(4) whose remains were donated to science; or "(5) whose remains were cremated and whose ashes were scattered without interment of any portion of the ashes. "(b) Under regulations prescribed by the Secretary, appropriate memorials or markers may be erected in Arlington National Cemetery to honor the memory of those individuals, or group of individuals, referred to in subsection (a) of this section.". (b) CLERICAL AMENDMENT.—The table of sections at the beginning of such chapter is amended by adding at the end the following new item: "1009. Memorial areas in Arlington National Cemetery.".

38 USC 1000

SEC. 414. AUTHORITY TO ESTABLISH NATIONAL CEMETERIES.

"° • 38 USC 1000 et seq.

(a) AUTHORITY.—The authority of the Administrator of Veterans' Affairs under chapter 24 of title 38, United States Code, to develop and acquire cemeteries as part of the National Cemetery System includes, but is not limited to, the authority to establish additional

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100 STAT. 3285

national cemeteries to serve the needs of veterans and their families in— (1) San Francisco, California; (2) Chicago, Illinois; (3) Cleveland, Ohio; (4) Pittsburgh, Pennsylvania; (5) Dallas/Fort Worth, Texas; (6) Miami, Florida; (7) Seattle, Washington; (8) Atlanta, Georgia; (9) Phoenix/Tucson, Arizona; (10) Birmingham, Alabama; and (11) any other State in which a national cemetery is not available for the burial of veterans. (b) LAND ACQUISITION.—The Administrator may acquire land necessary for a cemetery authorized by subsection (a) of this section by donation, purchase, condemnation, exchange of lands in the United States public domain, or otherwise.

California. Illinois. Ohio. Pennsylvania. Texas. Florida. Washington. Georgia. Arizona. Alabama.

TITLE V—ADMINISTRATIVE PROVISIONS SEC. 501. CLARIFICATION OF REQUIREMENT FOR A DETAILED PLAN AND JUSTIFICATION FOR ADMINISTRATIVE REORGANIZATION.

Section 210(b)(2)(C) is amended by inserting at the end the following: "(iii) The term 'detailed plan and justification' means, with respect to an administrative reorganization, a written report which, at a minimum— "(I) specifies the number of employees by which each covered office or facility affected is to be reduced, the responsibilities of those employees, and the means by which the reduction is to be accomplished; "(II) identifies any existing or planned office or facility at which the number of employees is to be increased and specifies the number and responsibilities of the additional employees at each such office or facility; "(III) describes the changes in the functions carried out at any existing office or facility and the functions to be assigned to an office or facility not in existence on the date that the plan and justification are submitted pursuant to subparagraph (A) of this paragraph; "(IV) explains the reasons for the determination that the reorganization is appropriate and advisable in terms of the statutory missions and long-term goals of the Veterans' Administration; "(V) describes the effects that the reorganization may have on the provision of benefits and services to veterans and dependents of veterans (including the provision of benefits and services through offices and facilities of the Veterans' Administration not directly affected by the reorganization); and "(VI) provides estimates of the costs of the reorganization and of the cost impact of the reorganization, together with analyses supporting those estimates.".

71_iq4 0 - 8q - 19: QL. 3 Part4

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 100 STAT. 3286

PUBLIC LAW 99-576—OCT. 28, 1986

SEC. 502. COLLOCATION OF REGIONAL OFFICES AND MEDICAL CENTERS.

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••'• '

(a) IN GENERAL.—(1) Not later than March 1, 1987, the Administrator of Veterans' Affairs shall submit to the Committees on Veterans' Affairs of the Senate and House of Representatives a plan, including a schedule, for collocating at least seven regional offices of the Veterans' Administration described in paragraph (3) with Veterans' Administration medical centers on the grounds of such medical centers. The plan and schedule shall provide for the collocations to be commenced and completed as soon as practicable. (2) The plan required by paragraph (1) shall include— (A) an analysis of the estimated costs and savings which would result from the collocations; (B) the advantages and costs of furnishing personnel, supply, administration, and finance services and other supporting services jointly to regional offices of the Veterans' Administration and Veterans' Administration medical centers; and (C) any other advantages and any disadvantages of such collocations relating to costs and the provision of benefits and services to veterans. (3) The regional offices referred to in paragraphs (1) and (2) are regional offices of the Veterans' Administration which are not located at Veterans' Administration medical centers on the date of the enactment of this Act. (b) LIMITATION.—The plan submitted pursuant to subsection (a) shall provide for the collocation of only a regional office and a medical center which are located, on the date of the enactment of this Act, in the same metropolitan area. SEC. 503. EFFECTIVE DATE OF DISCONTINUANCE OF CERTAIN BENEFITS PAID TO INCOMPETENT INDIVIDUALS.

38 USC 3012.

Section 3012 is amended by adding at the end the following new subsection: "(c) The effective date of a discontinuance under section 3203(b)(1)(A) of this title of pension, compensation, or emergency officers' retirement pay by reason of hospital treatment or institutional or domiciliary care shall be the last day of the first month of such treatment or care during which the value of the veteran's estate, as determined under such section, equals or exceeds $1,500.". SEC. 504. ADMINISTRATIVE DEBT COLLECTION BY OFFSET OF BENEFITS.

Section 3101 is amended— (1) by redesignating subsections (c) and (d) as subsections (d) and (e), respectively; and esil (2) by inserting after subsection (b) the following new subsection (c): "(c)(1) Notwithstanding any other provision of this section, the Administrator may, after receiving a request under paragraph (2) of this subsection relating to a veteran, collect by offset of any compensation or pension payable to the veteran under laws administered by the Veterans' Administration the uncollected portion of the amount of any indebtedness associated with the veteran's participation in a plan prescribed in subchapter I or II of chapter 73 of title 10 USC 1431 et

10.

seq., 1447 et seq.

"(2) If the Secretary concerned (as defined in section 101(5) of title 37) has tried under section 3711(a) of title 31 to collect an amount described in paragraph (1) of this subsection in the case of any vetersm, has been unable to collect such amount, and has deter-

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 PUBLIC LAW 99-576—OCT. 28, 1986

100 STAT. 3287

mined that the uncollected portion of such amount is not collectible from amounts payable by the Secretary to the veteran or that the veteran is not receiving any payment from the Secretary, the Secretary may request the Administrator to make collections in the case of such veteran as authorized in paragraph (1) of this subsection. "(3)(A) A collection authorized by paragraph (1) of this subsection shall be conducted in accordance with the procedures prescribed in section 3716 of title 31 for administrative offset collections made after attempts to collect claims under section 3711(a) of such title. "(B) For the purposes of subparagraph (A) of this paragraph, as used in the second sentence of section 3716(a) of title 31— "(i) the term 'records of the agency' shall be considered to refer to the records of the department of the Secretary concerned; and "(ii) the term 'agency' in clauses (3) and (4) shall be considered to refer to such department. "(4) Funds collected under this subsection shall be credited to the Department of Defense Military Retirement Fund under chapter 74 of title 10.". 10 USC 1461 et SEC. 505. DISCLOSURE OF FINANCIAL INFORMATION BY FIDUCIARIES.

seq.

Section 3202(b) is amended by inserting after the second sentence the following: "The Administrator may require the fiduciary, as part of such account, to disclose any additional financial information concerning the beneficiary (except for information that is not available to the fiduciary).". TITLE VI—EXEMPTION OF CERTAIN PROGRAMS FROM BUDGET REDUCTION SEC. 601. TREATMENT OF CERTAIN VETERANS' PROGRAMS UNDER BALANCED BUDGET AND EMERGENCY DEFICIT CONTROL ACT OF 1985.

(a) IN GENERAL.—(1) Chapter 1 is amended by adding at the end the following new section: "§ 113. Treatment of certain programs under sequestration procedures "(a) The following programs shall be exempt from sequestration or reduction under part C of the Balanced Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. 901 et seq.) or any other sequestration law and shall not be included in any report specifying reductions in Federal spending: "(1) Benefits under chapter 21 of this title, relating to specially adapted housing and mortgage-protection life insurance for certain veterans with service-connected disabilities. "(2) Benefits under section 907 of this title, relating to burial benefits for veterans who die as the result of a service-connected disability. "(3) Benefits under chapter 39 of this title, relating to automobiles and adaptive equipment for certain disabled veterans and members of the Armed Forces. "(4) Assistance and services under chapter 31 of this title, relating to training and rehabilitation for certain veterans with service-connected disabilities (but only with respect to fiscal year 1987).

38 USC 113.

Insurance. 38 USC 801 et seq.

Motor vehicles. Handicapped persons. 38 USC 671 et seq. 38 USC 1500 et seq.

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 100 STAT. 3288 38 USC 1700 et

PUBLIC LAW 99-576—OCT. 28, 1986

"(5) Benefits under chapter 35 of this title, relating to educational assistance for survivors and dependents of certain veterans with service-connected disabilities (but only with respect to fiscal year 1987). "(b) The following accounts of the Veterans' Administration shall be exempt from sequestration or reduction under part C of the Balanced Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. 901 et seq.) or any other sequestration law and shall not be included in any report specifying reductions in Federal spending: Insurance. "(1) The following life insurance accounts: "(A) The National Service Life Insurance Fund authorized by section 720 of this title. "(B) The Service-Disabled Veterans Insurance Fund authorized by section 722 of this title. "(C) The Veterans Special Life Insurance Fund authorized by section 723 of this title. "(D) The Veterans Reopened Insurance Fund authorized by section 725 of this title. "(E) The United States Government Life Insurance Fund I ft authorized by section 755 of this title. >? "(F) The Veterans Insurance and Indemnity appropriation authorized by section 719 of this title. ' "(2) The following revolving fund accounts: "(A) The Veterans' Administration Special Therapeutic and Rehabilitation Activities Fund established by section ' 618(c) of this title. "(B) The Veterans' Canteen Service revolving fund authorized by section 4204 of this title. "(c)(1) A benefit under section 901, 902, 903, 906, or 908 of this title that is subject to reduction under a sequestration order or sequestration law shall be paid in accordance with the rates determined under the sequestration order or law (if any) in effect on the date of the death of the veteran concerned. "(2) A benefit paid to, or on behalf of, an eligible veteran for pursuit of a program of education or training under chapter 30, 34, 38 USC 1401 et or 36 of this title that is subject to a sequestration order or a seq., 1651 et seq., sequestration law shall be paid in accordance with the rates deter1770 et seq. mined under the sequestration order or law (if any) in effect during the period of education or training for which the benefit is paid. "(3) In implementation of a sequestration order or law with respect to each account from which a benefit described in paragraph (1) or (2) of this subsection is paid (including the making of determinations of the amounts by which such benefits are to be reduced), the total of the amounts (as estimated by the Administrator after ' consultation with the Director of the Congressional Budget Office) by which payments of such benefit will be reduced by reason of such paragraph after the last day of the period during which such order or law is in effect shall be deemed to be additional reductions in the payments of such benefit made, and in new budget authority for such payments, during such period. ' "(d) In computing the amount of new budget authority by which a budget account of the Veterans' Administration is to be reduced for .' a fiscal year under a joint report of the Directors of the Office of Management and Budget and the Congressional Budget Office, or under an order of the President under part C of the Balanced Budget and Emergency Deficit Control Act of 1985, the base from which the amount of the reduction for such account is determined
 * V
 * k i

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100 STAT. 3289

shall be established without regard to any amount of new budget authority in such account (determined under section 251(a)(6) of such Act) for any of the programs listed in subsection (a) of this 2 USC 901. section. "ie) If a final order issued by the President pursuant to a law Reports, proyiding for the cancellation of loan guarantee commitments imposes a limitation on the total amount of loans that may be guaranteed under chapter 37 of this title in any fiscal year, the 38 USC 1801 et Administrator shall submit to the Committees on Veterans' Affairs seq. of the Senate and the House of Representatives a monthly report (not later than the 10th day of each month during the remainder of such fiscal year following the issuance of such final order) providing the following information: "(1) The total amount of the loans for which commitments of guarantees were made under such chapter during the preceding month. "(2) The total amount of the loans for which commitments were made during the fiscal year through the end of such preceding month. "(3) The Administrator's estimates as to the total amounts of the loans for which commitments would, in the absence of any limits on such commitments or guarantees, be made during (A) the month in which the report is required to be submitted, and (B) the succeeding months of the fiscal year. "(f) This section applies without regard to any other provision of law (whether enacted before, on, or after the date of the enactment of this section) unless such Act expressly provides that it is enacted as a limitation to this section. "(g) For the purposes of this section: "(1) The term 'sequestration' means a reduction in spending authority and loan guarantee commitments generally throughout the Government under the Balanced Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. 901 et seq.) or any other law. "(2) The term 'sequestration law' means a law enacted with respect to a sequestration under the Balanced Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. 901 et seq.) or any other law (under the procedures specified in that Act or otherwise). "(3) The term 'sequestration order' means an order of the President issued under part C of such Act.". (2) The table of sections at the beginning of such chapter is amended by adding at the end the following new item: "113. Treatment of certain programs under sequestration procedures.". (b) EFFECTIVE DATE.—Section 113 of title 38, United States Code

(as added by subsection (a)), shall apply with respect to a sequestration order issued, or a sequestration law enacted, for a fiscal year after fiscal year 1986. TITLE VII—TECHNICAL AMENDMENTS SEC. 701. ELIMINATION OF GENDER-BASED LANGUAGE DISTINCTIONS IN TITLE 38.

Title 38 is amended as follows: (1)(A) Section 102 is amended— (i) by striking out subsection (b);

38 USC 113 note,

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 100 STAT. 3290

PUBLIC LAW 99-576—OCT. 28, 1986

(ii) by striking out "(1)" after "(a)"; (iii) by striking out "(2)" before "Dependency" and insert"' s" ' ing in lieu thereof "(b)"; (iv) by striking out "(A)" and "(B)" and inserting in lieu .;.;rl .; thereof "(1)" and "(2)", respectively; and - f. (v) by striking out "(3) For the purposes of this subsecrtil tion" and inserting in lieu thereof "(C) For the purposes of V iy-;.r ^BU m this section,". v^ (B) The heading of section 102 and the item relating to that section in the table of sections at the beginning of chapter 1 are amended by striking out the semicolon and the last word. (2) Section 103 is amended— 38 USC 103. (A) in subsection (a)— t., (i) by striking out "woman as the widow" and insert! r?' ing in lieu thereof "person as the widow or widower"; (ii) by striking out "she" and inserting in lieu thereof BjiifKHK r "such person"; ifoag ^> (iii) by striking out "him" and inserting in lieu thereof "the veteran"; lo ei\ (iv) by striking out "his" and inserting in lieu thereof tiB "the veteran's"; and (vj by striking out "legal widow" and inserting in lieu thereof "legal widow or widower"; (B) in subsection (b), by striking out "widow" and insertic iv-\ ing in lieu thereof "surviving spouse"; 7. (C) in subsection (c), by striking out "woman is or was the wife" and inserting in lieu thereof "person is or was the spouse"; (D) in subsection (d)(1), by striking out "widow of a vet^i-, • eran shall not bar the furnishing of benefits to her as the widow" and inserting in lieu thereof "surviving spouse of a • • veteran shall not bar the furnishing of benefits to such 5 person as the surviving spouse"; (E) in subsection (d)(2)— ...^' o (i) by striking out "widow" each place it appears and .;,- ; inserting in lieu thereof "surviving spouse"; and 1 (ii) by striking out "her" and inserting in lieu thereof to ', "such person"; and (F) in subsection (d)(3)— {." ' (i) by striking out "widow" each place it appears and inserting in lieu thereof "surviving spouse"; ^V (ii) by striking out "man" and inserting in lieu thereof "person"; (iii) by striking out "herself and inserting in lieu ,^,._,,. . ^ thereof "himself or herself; ^ ' " "* *' "  ' (iv) by striking out "his wife" and inserting in lieu thereof "that person's spouse"; and '^' (v) by striking out "her" and inserting in lieu thereof "that person". (3) Section 104(b) is amended by striking out "him" and inserting in lieu thereof "the Administrator". (4) Section 105 is amended— ^" (A) in subsection (a)— (i) by striking out "his" in the first sentence and inserting in lieu thereof "the person's"; and (ii) by striking out "him" in the second sentence and inserting in lieu thereof "the person"; and

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 PUBLIC LAW 99-576—OCT. 28, 1986 -t^

(B) in subsection (b), by striking out "service, or by absenting himself in clause (1) and inserting in lieu thereof "service or by absenting himself or herself. (5) Section 106 is amended— (A) in subsection (b)(2), by striking out "his" and inserting ., in lieu thereof "the person's"; (B) in subsection (c)— Tfyi (i) by striking out "him" and inserting in lieu thereof "that individual"; '^ (ii) by striking out "his" and inserting in lieu thereof "that individual's"; and (iii) by striking out "he" and inserting in lieu thereof "that individual"; and (C) in subsection (d)— ' b.:-f (i) by striking out "by him" in clause (2); (ii) by striking out "he" each place it appears in the -^' second sentence and inserting in lieu thereof "such individual"; and (iii) by striking out "his" in the second sentence and inserting in lieu thereof "the". (6) Section 107(a) is amended by striking out "his" in the last sentence and inserting in lieu thereof "such member's". (7) Section 108(b) is amended by striking out "his" both places it appears and inserting in lieu thereof "that individual's". (8) Section 109(b) is amended by striking out "he" in the second sentence and inserting in lieu thereof "such person". (9) Section 210 is amended— (A) by striking out "he" each place it appears and inserting in lieu thereof "the Administrator"; (B) in subsection (a), by striking out "He" and inserting in lieu thereof "The Administrator"; (C) in subsection (c)(3)(A), by striking out "widow" and (D) in subsection (c)(3)(B), by striking out "him" and inserting in lieu thereof "the Administrator". (10) Sections 212(a), 215, and 217(b) are amended by striking out "he" and inserting in lieu thereof "the Administrator". (11) Section 213 is amended— (A) by striking out "he" in the first sentence and inserting in lieu thereof "the Administrator"; and (B) by striking out "his" in the second sentence and inserting in lieu thereof "the Administrator's". (12) Section 219(a) is amended— (A) by striking out "he" and inserting in lieu thereof "the Administrator"; and lai. (B) by striking out "him" and inserting in lieu thereof "the Administrator". (13) Section 230(a) is amended by striking out "he" and inserting in lieu thereof "the Administrator". (14) Section 233 is amended— (A) by striking out "he" in subsection (a) and inserting in • ' lieu thereof "the Administrator"; and ^ (B) in subsection (b), by striking out "when he determines" and inserting in lieu thereof "upon determining" (15) Section 235 is amended by striking out "his" and inserting in lieu thereof "the President's".
 * .. inserting in lieu thereof "surviving spouse"; and

100 STAT. 3291 ^ ii) 38 USC 106.

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 100 STAT. 3292 38 USC 236. iO:

r ';

PUBLIC LAW 99-576—OCT. 28, 1986 (16) Section 236 is amended by striking out "his" and inserting in lieu thereof "the Administrator's". (17) Section 241 is amended— (A) by striking out "his" in paragraph (1) and inserting in lieu thereof "the veteran's"; and (B) by striking out "he" in paragraph (2) and inserting in lieu thereof "the Administrator". (18) Section 242(a) is amended by striking out "he" and inserting in lieu thereof "the Administrator". (19) Section 244(5) is amended by striking out "his" and inserting in lieu thereof "the Administrator's". (20) Section 602 is amended by striking out "his". (21) Section 704 is amended— (A) in subsection (d)— (i) by striking out "his" each place it appears and . inserting in lieu thereof "the insured's"; and jf.|. (ii) by striking out "he" each place it appears and inserting in lieu thereof "the insured"; and J,. (B) in subsection (e)— (i) by striking out "his" and inserting in lieu thereof ^ "the insured's"; and (ii) by striking out "he" and inserting in lieu thereof "the Administrator". (22) Section 705 is amended— (A) by striking out "his" each place it appears and inserting in lieu thereof "the"; and (B) by striking out "him" and inserting in lieu thereof "the insured". (23) Section 707 is amended by striking out "his" in subsections (a) and (c) and inserting in lieu thereof "the insured's". (24) Section 708 is amended by striking out "his" and inserting in lieu thereof "the insured's". .f (25) Section 712 is amended— > (A) by striking out "his" each place it appears and inserting in lieu thereof "the insured's '; and (B) by striking out "he" in the first sentence of subsection (d) and inserting in lieu thereof "the insured". (26) Section 713 is amended by striking out "his" each place it appears and inserting in lieu thereof "the". (27) Section 716(e) is amended by striking out "his" and inserting in lieu thereof "the insured's". (28) Section 725 is amended— (A) by striking out "he" each place it appears and inserting in lieu thereof "such person"; (B) by striking out "him" each place it appears and inserting in lieu thereof "the applicant"; and (C) by striking out "his" in subsection (d)(3) and inserting in lieu thereof "the Administrator's". (29) Section 742 is amended— (A) in subsection (b)— ' (i) by striking out "his" and inserting in lieu thereof a,r "the insured's"; and (ii) by striking out "he" and inserting in lieu thereof "the insured"; and (B) in subsection (c)— (i) by striking out "he" and inserting in lieu thereof "the insured"; .;•.,.,/-•••<•'„ lom'^.• >. >^-r

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 PUBLIC LAW 99-576—OCT. 28, 1986 (ii) by striking out "his term" and inserting in lieu thereof "the term"; (iii) by striking out "his failure"; and (iv) by striking out "his control" and inserting in lieu thereof "the insured's control". (30) Sections 743, 744(b), 745, 746, 747, and 748 are amended by striking out "his" and inserting in lieu thereof "the insured's'. (31) Section 750 is amended by striking out "in his lifetime or by his last will and testament" and inserting in lieu thereof "while alive or by last will". (32) Section 752 is amended by striking out "his" each place it appears and inserting in lieu thereof "the". (33) Section 759(a) is amended— (A) by striking out "his" and inserting in lieu thereof "the applicant's'; and (B) by striking out "he" and inserting in lieu thereof "the applicant". (34) Section 760(a) is amended by striking out "his" and inserting in lieu thereof "the guardian's". (35) Section 765 is amended— (A) in paragraph (5)(B), by striking out "he" and inserting in lieu thereof "such person"; and (B) in paragraph (9)— (i) by striking out "his minority" and inserting in lieu thereof "the child's minority"; and (ii) by striking out "his adoption" and inserting in lieu thereof "the child's adoption". (36) Section 766 is amended— (A) in subsection (c), by striking out "him" and inserting in lieu thereof "the Administrator"; and (B) in subsection (d), by striking out "he" and inserting in lieu thereof "the Administrator". (37) Section 767 is amended— (A) in subsection (b)— (i) by striking out "him" and inserting in lieu thereof "such member'; (ii) by striking out "he" each place it appears and inserting in lieu thereof "such member"; and, ^^ (iii) by striking out "his" and inserting in lieu thereof "such member's'; and (B) in subsection (c)— (i) by striking out "his" and inserting in lieu thereof "such member's"; and (ii) by striking out "he" and inserting in lieu thereof "such member". (38) Section 768 is amended— (A) in subsection (a)(2)— (i) by striking out "his"; and (ii) by striking out "him" and inserting in lieu thereof "the member"; (B) in subsection (a)(3)— ^" (i) by striking out "his"; and (ii) by striking out "him" and inserting in lieu thereof "the member''; and (C) in subsection (b), by striking out "his" and inserting in '- lieu thereof "the". (39) Section 769 is amended—

100 STAT. 3293

"

or

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 100 STAT. 3294

38 USC 770.

PUBLIC LAW 99-576—OCT. 28, 1986 (A) in subsection (a)(1), by striking out "his" and inserting in lieu thereof "the member's"; (B) in subsection (a)(3), by striking out "him" and insertLis ing in lieu thereof "the member"; (C) in subsection (a)(4)— td (i) by striking out "him" both places it appears and "> inserting in lieu thereof "the member"; and (ii) by striking out "his" and inserting in lieu thereof i "the member's"; (D) in subsection (b), by striking out "he" and inserting in il lieu thereof "the Administrator"; (E) in subsection (d)(3), by striking out "his" and inserting in lieu thereof "the Administrator's"; and (F) in subsection (e), by striking out "he" and inserting in lieu thereof "the Administrator". (40) Section 770 is amended— (A) by striking out "his" each place it appears in subsection (a) and inserting in lieu thereof "the insured's"; and (B) by striking out "his" in subsection (e) and inserting in lieu thereof "the member's". (41) Section 774 is amended by striking out "his" and inserting in lieu thereof "the Administrator". (42) Section 776 is amended by striking out "him" and inserting in lieu thereof "the Administrator". (43) Section 777 is amended— '^'^ • " (A) in subsection (a)— (i) by striking out "his" both places it appears and inserting in lieu thereof "such person's"; and "*' (ii) by striking out "he" and inserting in lieu thereof, "such person"; (B) in subsection (c)— (i) by striking out "he" the first place it appears and inserting in lieu thereof "the Administrator"; and -^,4. (ii) by striking out "he" the second place it appears •,,„, member"; (C) in subsection (d), by striking out "his" and inserting in, lieu thereof "such person's"; (D) in subsection (e), by striking out "he" and inserting in lieu thereof "the insured"; and \..,, (E) in subsection (g)— (i) by striking out "his" and inserting in lieu thereof icr^-nt "^^® insured's"; and (ii) by striking out "he" and inserting in lieu thereof "the Administrator". (44) Section 781(b) is amended— (A) by striking out "he" and inserting in lieu thereof ^ "such person"; and (B) by striking out "his" and inserting in lieu thereof "such person's". (45) Section 783 is amended by striking out "his" and inserting in lieu thereof "such beneficiary's". (46) Section 784(g) is amended by striking out "his" both places it appears and inserting in lieu thereof "the insured's". (47) Section 787 is amended by striking out "himself or any other" and inserting in lieu thereof "any".., ,!.
 * '' ' ' • and inserting in lieu thereof "such member or former

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 PUBLIC LAW 99-576—OCT. 28, 19bb (48) Section 801(a) is amended by striking out "he" and inserting in lieu thereof "the Administrator". (49) Section 806 is amended— (A) by striking out "his" in subsection (b) and inserting in lieu thereof "the veteran's"; (B) by striking out "he" in subsection (c) and inserting in lieu thereof "the veteran"; (C) by striking out "his" in subsection (d) and inserting in lieu thereof "the veteran's"; (D) in subsection (g)— '" (i) in paragraph (2)— »i-'' ' (I) by striking out "he" each place it appears and ,. inserting in lieu thereof "the Administrator"; ' "' * (II) by striking out "his" and inserting in lieu thereof "the Administrator's"; and •' • ^ ^ (III) by striking out "him" each place it appears and inserting in lieu thereof "the Administrator"; ^nh- ^i (jj) jn paragraph (3), by striking out "he" and inserting in lieu thereof "the veteran"; and (iii) in paragraph (5), by striking out "him" each place it appears and inserting in lieu thereof "the •a". Administrator"; and (E) in subsection (h)— ^ (i) by striking out "his" in the first sentence and inserting in lieu thereof "the Administrator's"; and ^^" (ii) by striking out "his" in the second sentence and inserting in lieu thereof "the veteran's". (50) Section 901(b) is amended by striking out "his" and inserting in lieu thereof "the veteran's". (51) Section 904 is amended by striking out "his" each place it appears and inserting in lieu thereof "the veteran's". (52) Section 1000(a) is amended— (A) by striking out "servicemen" and inserting in lieu thereof "servicemembers"; and (B) by striking out "'To assist" and all that follows through "the Administrator" in the second sentence and inserting in lieu thereof "The Administrator". (53) Section 1001 is amended by striking out "he" and inserting in lieu thereof "the Administrator". (54) Section 1002 is amended— (A) by striking out "he" each place it appears and inserting in lieu thereof "such member"; and (B) by striking out "wife, husband," in paragraph (5). (55) Section 1004 is amended— (A) in subsection (d), by striking out "he" each place it appears and inserting in lieu thereof "the veteran"; (B) in subsections (b), (e), and (g), by striking out "he" and inserting in lieu thereof "the Administrator"; and (C) by striking out "his" each place it appears and inserting in lieu thereof "the Administrator's". (56) Section 1005 is amended— (A) by striking out "his" in subsection (a) and inserting in lieu thereof "the Administrator's"; and (B) by striking out "He" in subsection (c) and inserting in lieu thereof "The Administrator". (57) Section 1006 is amended by striking out "he" and inserting in lieu thereof "the Administrator".

100 STAT. 3295 38 USC 801.

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 100 STAT. 3296 38 USC 1007.

PUBLIC LAW 99-576—OCT. 28, 1986 (58) Section 1007 is amended— (A) by striking out "he" both places it appears and inserting in lieu thereof "the Administrator"; and (B) by striking out "He" at the beginning of the second sentence and inserting in lieu thereof "The Administrator". (59) The third sentence of section 1780(d)(2) is amended by striking out "serviceman" and inserting in lieu thereof "person". (60) Section 2024(g) is amended by striking out "his" and inserting in lieu thereof "the". (61) Section 3001(b)(1) is amended by striking out "widow or" each place it appears and inserting in lieu thereof "surviving spouse or". (62) Section 3006 is amended by striking out "he" and inserting in lieu thereof "the Administrator". (63) Section 3010(b)(1) is amended by striking out "his" and inserting in lieu thereof "the veteran's". (64) Section 3012(b)(6) is amended by striking out "his" and inserting in lieu thereof "the payee's". (65) Section 3020 is amended— (A) in the third sentence of subsection (a)— (i) by striking out "his" and inserting in lieu thereof "the payee's"; (ii) by striking out "he" and inserting in lieu thereof j. "the payee"; and V (iii) by striking out "him" and inserting in lieu thereof "the payee"; and (B) in the first sentence of subsection (b)— (i) by striking out "he" and inserting in lieu thereof "such person"; (ii) by striking out "widow" and inserting in lieu thereof "surviving spouse"; (iii) by striking out "she" both places it appears and inserting in lieu thereof "the surviving spouse"; (iv) by striking out "to her" and inserting in lieu i! thereof "to the surviving spouse"; and (v) by striking out "by her" and inserting in lieu thereof "by the". (66) Section 3021(a) is amended— (A) by striking out "his"; and (B) by striking out "His" in subparagraphs (A), (B), and (C) of paragraph (2) and inserting in lieu thereof "The veteran's". (67) Section 3022 is amended by striking out "his" and inserting in lieu thereof "the payee's". (68) Section 3101 is amended— (A) by striking out "his or her" in the last sentence of subsection (a) and inserting in lieu thereof "a"; and (B) by striking out "his' each place it appears in subsection (b) and inserting in lieu thereof "the beneficiary's". (69) Section 3102 is amended— (A) by striking out "his" in subsection (b) and inserting in lieu thereof "the veteran's"; and (B) by striking out "his" both places it appears in subsection (c) and inserting in lieu thereof "the Administrator's". (70) Section 3103 is amended— (A) in subsection (a)—

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100 STAT. 3297

(i) by striking out "he" and inserting in lieu thereof "such person"; and (ii) by striking out "his" and inserting in lieu thereof "such officer's"; (B) in subsection (b)— (i) by striking out "his" and inserting in lieu thereof "a person's"; (ii) by striking out "any person" and inserting in lieu thereof "that person"; and (iii) by striking out "he" and inserting in lieu thereof "such person"; (C) in subsection (c)— (i) by striking out "his" both places it appears and inserting in lieu thereof "the individual's"; and (ii) by striking out "he" and inserting in lieu thereof "the individual"; and (D) in the second sentence of subsection (e)(2), by striking out "his or her" and inserting in lieu thereof "the". (71) Section 3104 is amended— (A) in subsection (a)(1), by striking out "his" and inserting in lieu thereof "such person's"; (B) in subsection (b)— (i) by striking out "widow" in paragraph (1) and inserting in lieu thereof "surviving spouse"; (ii) by striking out "his" in paragraph (1) and inserting in lieu thereof "such person's"; and (iii) by striking out "he or she" in paragraph (3) and inserting in lieu thereof "such person"; and (C) in subsection (c)— (i) by striking out "his" and inserting in lieu thereof "any person's"; (ii) by striking out "to any person" and inserting in lieu thereof "to such person'; and (iii) by striking out "he" and inserting in lieu thereof "such person". (72) Section 3105 is amended— (A) by striking out "he" and inserting in lieu thereof "such person"; and (B) by striking out "his" and inserting in lieu thereof "such person's". (73) Section 3106 is amended by striking out "his" and inserting in lieu thereof "the". (74) Section 3108(c) is amended— (A) by striking out "his" and inserting in lieu thereof "the Administrator's"; and (B) by striking out "he" and inserting in lieu thereof "the dependent". (75) Section 3109 is amended— (A) by striking out "his" each place it appears in subsection (a) and inserting in lieu thereof "such person's"; and (B) by striking out "he" in subsection (b) and inserting in lieu thereof "such person". (76) Section 3202 is amended— (A) in subsection (a), by striking out "he" and inserting in lieu thereof "the Administrator"; (B) in subsection (b)—

38 USC 3104.

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 100 STAT. 3298

V

r-

(i) by striking out "his trust" in the first sentence and inserting in Heu thereof "the trust of such guardian, ujv: . i curator, conservator, or other person"; (ii) by striking out "his duly" in the first sentence and inserting in lieu thereof "the Administrator's"; 1r (iii) by striking out "his" in the second and third sentences and inserting in lieu thereof "the Adminisn^y..L. i:. trator's"; and (iv) by striking out "himself in the third sentence ^c; " and inserting in lieu thereof "the Administrator"; (C) in subsection (d)— (i) by striking out "his" in the second sentence and h.^j. • inserting in lieu thereof "the veteran's"; f ' (ii) by striking out "his" in the third sentence and •'-^- V',.: inserting in lieu thereof "the beneficiary's"; and (iii) in the fourth sentence— ,;';, ^ . (I) by striking out "him" and inserting in lieu thereof "the beneficiary"; (II) by striking out "he" and inserting in lieu (III) by striking out "his" each place it appears and inserting in lieu thereof "the beneficiary's"; ^ n - •'"
 * thereof "the beneficiary"; and

38 USC 3203.

PUBLIC LAW 99-576—OCT. 28, 1986

'^' - ' • '• and

(D) in subsection (e), by striking out "his". (77) Section 3203(e) is amended by striking out "his" and inserting in lieu thereof "the veteran's". (78) Section 3303 is amended by striking out "his" and inserting in lieu thereof "the veteran's '. (79) Section 3401 is amended by striking out "he" and insert•i ing in lieu thereof "such individual". (80) Section 3404(b) is amended by striking out "he" and p inserting in lieu thereof "the Administrator". (81) Section 3405 is amended by striking out "him" and 'xr- inserting in lieu thereof "to the claimant or beneficiary". (82) Section 3501 is amended— (A) by striking out "his" the first place it appears and inserting in lieu thereof "a claimant's"; and (B) by striking out "his" the second, third, and fourth \ o.<, places it appears and inserting in lieu thereof "such fiduciary's". (83) Section 3503 is amended— (A) by striking out "his" in subsection (c) and inserting in lieu thereof "the veteran's"; and ^c (B) by striking out "he" each place it appears in subsection (d)(2) and inserting in lieu thereof "the Administrator". .-irf. (84) Section 35040)) is amended— (A) by striking out "his" and inserting in lieu thereof "the Administrator's"; and (B) by striking out "he" and inserting in lieu thereof "the rt dependent". r- : • (85) Section 4005 is amended— (A) by striking out "his" each place it appears and inserting in lieu thereof "the claimant's"; and (B) by striking out "him" and inserting in lieu thereof "the claimant or legal guardian". (86) Section 4106(b) is amended—

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