Text: H.R.3053 — 101st Congress (1989-1990)All Information (Except Text)

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HR 3053 IH
101st CONGRESS
1st Session
 H. R. 3053
To authorize the Secretary of Veterans Affairs to issue exemplary
rehabilitation certificates for certain individuals discharged from the
Armed Forces.
IN THE HOUSE OF REPRESENTATIVES
July 31, 1989
Mr. BENNETT (for himself, Mr. FAUNTROY, Mr. ROE, Mr. FRANK, Mr. ATKINS,
Mrs. COLLINS, Mr. FLAKE, Mr. NEAL of North Carolina, Mr. HUGHES, Mr. FUSTER,
Mr. CLAY, Mr. BERMAN, and Mrs. BENTLEY), introduced the following bill;
which was referred jointly to the Committees on Armed Services, Veterans'
Affairs, and Education and Labor
A BILL
To authorize the Secretary of Veterans Affairs to issue exemplary
rehabilitation certificates for certain individuals discharged from the
Armed Forces.
  Be it enacted by the Senate and House of Representatives of the United
  States of America in Congress assembled,
SECTION 1. EXEMPLARY REHABILITATION CERTIFICATES.
  (a) APPLICATION- The Secretary of Veterans Affairs shall act on any
  application for an Exemplary Rehabilitation Certificate received under this
  section from any person who was discharged or dismissed from the Armed Forces
  under conditions other than honorable, or who received a general discharge,
  at least three years before the date of receipt of such application.
  (b) ISSUANCE OF CERTIFICATE- (1) In the case of any individual discharged
  or dismissed from the Armed Forces under conditions other than honorable
  before or after the enactment of this section, the Secretary of Veterans
  Affairs may consider an application for, and issue to that person, an
  Exemplary Rehabilitation Certificate dated as of the date of issuance, if
  it is established to his satisfaction that such person has rehabilitated
  himself, that his character is good, and that his conduct, activities,
  and habits since he was discharged or dismissed have been exemplary for
  a reasonable period of time, but not less than three years.
  (2) The Secretary of Veterans Affairs shall supply to the Secretary
  of Defense a copy of each Exemplary Rehabilitation Certificate which
  is issued, and the Secretary of Defense shall place it in the military
  personnel record of the individual to whom the certificate is issued.
  (c) SUPPORTING MATERIAL- For the purposes of subsection (b), oral and
  written evidence, or both, may be used, including--
  (1) a notarized statement from the chief law enforcement officer of the
  town, city, or county in which the applicant resides, attesting to his
  general reputation so far as police and court records are concerned;
  (2) a notarized statement from his employer, if employed, giving the
  employer's address, and attesting to the applicant's general reputation
  and employment record;
  (3) notarized statements from not less than five persons, attesting that
  they have personally known him for at least three years as a person of
  good reputation and exemplary conduct, and the extent of personal contact
  they have had with him; and
  (4) such independent investigations as the Secretary of Veterans Affairs
  may make.
Any person making application under this section may appear in person or by
counsel before the Secretary of Veterans Affairs.
  (d) RESTRICTION- No benefits under any laws of the United States (including
  but not limited to those relating to pensions, compensation, hospitalization,
  military pay and allowances, education, loan guarantees, retired pay, or
  other benefits based on military service) shall accrue to any person to
  whom an Exemplary Rehabilitation Certificate is issued under subsection (b)
  unless he would be entitled to those benefits under his original discharge
  or dismissal.
  (e) EMPLOYMENT OFFICES- The Secretary of Labor shall require that the
  national system of public employment offices established under the Act of
  June 6, 1933, chapter 49, as amended (29 U.S.C. 49 et seq.), accord to any
  person who has been discharged or dismissed under conditions other than
  honorable but who has been issued an Exemplary Rehabilitation Certificate
  special counseling and job development assistance.
  (f) REPORT- The Secretary of Veterans Affairs shall report to Congress not
  later than January 15 of each year the number of cases reviewed by him under
  this section and the number of Exemplary Rehabilitation Certificates issued.
  (g) IMPLEMENTATION- In carrying out the provisions of this section the
  Secretary of Veterans Affairs may--
  (1) issue regulations;
  (2) delegate authority; and
  (3) utilize the services of the Office of Personnel Management for making
  such investigations as may be mutually agreeable.