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104TH CONGRESS

1ST SESSION H. R. 2289

To amend title 38, United States Code, to extend permanently certain housing

programs, to improve the veterans employment and training system,

and to make clarifying and technical amendments to further clarify

the employment and reemployment rights and responsibilities of members

of the uniformed services, as well as those of the employer community,

and for other purposes.

IN THE HOUSE OF REPRESENTATIVES

SEPTEMBER 8, 1995

Mr. BUYER (for himself, Ms. WATERS, Mr. STUMP, Mr. MONTGOMERY, Mr.

BARR, Mr. COOLEY, Mr. HUTCHINSON, Mr. SCHAEFER, Mr. CLYBURN,

Mr. MASCARA, and Mr. EVANS) introduced the following bill; which was

referred to the Committee on Veterans’ Affairs

A BILL

To amend title 38, United States Code, to extend permanently certain housing programs, to improve the veterans

employment and training system, and to make clarifying

and technical amendments to further clarify the employment and reemployment rights and responsibilities of

members of the uniformed services, as well as those

of the employer community, and for other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,
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1 SECTION 1. SHORT TITLE.

2 This Act may be cited as the ‘‘Veterans Housing,

3 Employment Programs, and Employment Rights Benefits

4 Act of 1995’’.

5 SEC. 2. REFERENCES TO TITLE 38, UNITED STATES CODE.

6 Except as otherwise expressly provided, whenever in

7 this Act an amendment or repeal is expressed in terms

8 of an amendment to, or repeal of, a section or other provi9 sion, the reference shall be considered to be made to a

10 section or other provision of title 38, United States Code.

11 TITLE I—VETERANS’ HOUSING

12 PROGRAMS

13 SEC. 101. EXTENSIONS OF CERTAIN VETERANS’ HOUSING

14 PROGRAMS.

15 (a) NEGOTIATED INTEREST RATES.—Paragraph (4)

16 of section 3703(c) is amended by striking out subpara17 graph (D).

18 (b) ADJUSTABLE RATE MORTGAGES.—Section

19 3707(a) is amended by striking out ‘‘demonstration

20 project under this section during fiscal years 1993, 1994,

21 and 1995’’ and inserting in lieu thereof ‘‘program under

22 this section’’.

23 (c) ENERGY EFFICIENT MORTGAGES.—Section

24 3710(d) is amended—
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1 (1) in paragraph (1), by striking out ‘‘to dem2 onstrate the feasibility of guaranteeing’’ and insert3 ing in lieu thereof ‘‘to guarantee’’; and

4 (2) by striking out paragraph (7).

5 (d) ENHANCED LOAN ASSET SALE AUTHORITY.—

6 Section 3720(h)(2) is amended by striking out ‘‘1995’’

7 and inserting in lieu thereof ‘‘2000’’.

8 (e) AUTHORITY OF LENDERS OF AUTOMATICALLY

9 GUARANTEED LOANS TO REVIEW APPRAISALS.—Section

10 3731(f) is amended by striking out paragraphs (3), (4),

11 and (5).

12 (f) HOUSING ASSISTANCE FOR HOMELESS VETER13 ANS.—Section 3735 is amended by striking out subsection

14 (c).

15 SEC. 102. CODIFICATION OF REPORTING REQUIREMENTS

16 AND CHANGES IN THEIR FREQUENCY.

17 (a) CODIFICATION OF HOUSING RELATED REPORT18 ING REQUIREMENTS.—(1) Chapter 37 is amended by add19 ing after section 3735 the following new section:

20 ‘‘§ 3736. Reporting requirements

21 ‘‘(a) The annual report required by section 529 of

22 this title shall include a discussion of the activities under

23 this chapter. Beginning with the report submitted at the

24 close of fiscal year 1996, and every second year thereafter,
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1 this discussion shall include information regarding the fol2 lowing:

3 ‘‘(1) Loans made to veterans whose only quali4 fying service was in the Selected Reserve.

5 ‘‘(2) Interest rates and discount points which

6 were negotiated between the lender and the veteran

7 pursuant to section 3703(c)(4)(A)(i) of this title.

8 ‘‘(3) Loans made with adjustable rates guaran9 teed pursuant to section 3707 of this title.

10 ‘‘(4) The determination of reasonable value by

11 lenders pursuant to section 3731(f) of this title.

12 ‘‘(5) Loans that include funds for energy effi13 ciency improvements pursuant to section

14 3710(a)(10) of this title.

15 ‘‘(6) Direct loans to Native American veterans

16 made pursuant to subchapter V of this chapter.’’.

17 (2) The table of sections at the beginning of chapter

18 37 is amended by inserting after the item relating to sec19 tion 3735 the following new item:

‘‘3736. Reporting requirements.’’.

20 (b) REPEAL OF SUPERSEDED REPORTING REQUIRE21 MENTS.—The Veterans Home Loan Program Amend22 ments of 1992 (Public Law 102–547; 106 Stat. 3633) is

23 amended by striking out sections 2(c), 3(b), 8(d), 9(c),

24 and 10(b).
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1 SEC. 103. JOB PLACEMENT FOR HOMELESS VETERANS.

2 (a) HOMELESS VETERANS EMPLOYMENT PRO3 GRAM.—Section 738(e)(1) of the Stewart B. McKinney

4 Homeless Assistance Act (42 U.S.C. 11448(e)(1)) is

5 amended—

6 (1) in subparagraph (A), by striking out

7 ‘‘1993’’ and inserting in lieu thereof ‘‘1996’’;

8 (2) in subparagraph (B)—

9 (A) by striking out ‘‘$12,000,000’’ and in10 serting in lieu thereof ‘‘$10,000,000’’, and

11 (B) by striking out ‘‘1994’’ and inserting

12 in lieu thereof ‘‘1997’’; and

13 (3) in subparagraph (C)—

14 (A) by striking out ‘‘$14,000,000’’ and in15 serting in lieu thereof ‘‘$10,000,000’’, and

16 (B) by striking out ‘‘1995’’ and inserting

17 in lieu thereof ‘‘1998’’.

18 (b) GENERAL AUTHORIZATION OF APPROPRIA19 TIONS.—Section 739(a) of such Act (42 U.S.C. 11448(a))

20 is amended by striking out ‘‘fiscal years 1994 and 1995’’

21 and inserting in lieu thereof ‘‘fiscal years 1996, 1997, and

22 1998’’.

23 (c) EXTENSION OF PROGRAM.—Section 741 of such

24 Act (42 U.S.C. 11450) is amended by striking out ‘‘1995’’

25 and inserting in lieu thereof ‘‘1998’’.
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1 (d) EFFECTIVE DATE.—The amendments made by

2 this section shall take effect on October 1, 1995.

3 TITLE II—VETERANS’

4 EMPLOYMENT AND TRAINING

5 SEC. 201. REGIONAL OFFICES FOR VETERANS’ EMPLOY6 MENT AND TRAINING.

7 Paragraph (1) of section 4102A(e) is amended to

8 read as follows:

9 ‘‘(1) The Secretary of Labor shall assign regional ad10 ministrators for Veterans’ Employment and Training in

11 such regions, which may not be less than five in number,

12 as the Secretary may determine are necessary for the ef13 fective administration of the Veterans’ Employment and

14 Training Service. Each regional administrator appointed

15 after the date of the enactment of the Veterans Housing

16 and Employment Rights Benefits Act of 1994 shall be a

17 veteran.’’.

18 SEC. 202. SUPPORT PERSONNEL FOR DIRECTORS OF VET19 ERANS’ EMPLOYMENT AND TRAINING.

20 Subsection (a) of section 4103 is amended—

21 (1) in the first sentence, by striking out ‘‘full22 time Federal clerical support’’ and inserting in lieu

23 thereof ‘‘full-time Federal clerical or other support

24 personnel’’; and
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1 (2) in the third sentence, by striking out ‘‘Full2 time Federal clerical support personnel’’ and insert3 ing in lieu thereof ‘‘Full-time Federal clerical or

4 other support personnel’’.

5 SEC. 203. DIRECTORS AND ASSISTANT DIRECTORS FOR

6 VETERANS’ EMPLOYMENT AND TRAINING.

7 Subparagraph (B) of section 4103(b)(1) is amended

8 to read as follows:

9 ‘‘(B) A person who serves in the position of Director

10 for Veterans’ Employment and Training or Assistant Di11 rector of Veterans’ Employment Training for any State

12 for not less than two years is eligible for appointment as

13 such a Director or Assistant Director for any State, re14 gardless of the period of the person’s residence in that

15 State.

16 SEC. 204. PILOT PROGRAM TO INTEGRATE AND STREAM17 LINE FUNCTIONS OF LOCAL VETERANS’ EM18 PLOYMENT REPRESENTATIVES.

19 (a) AUTHORITY TO CONDUCT PILOT PROGRAM.—In

20 order to assess the effects on the timeliness and quality

21 of services to veterans resulting from re-focusing the staff

22 resources of local veterans’ employment representatives,

23 the Secretary of Labor is authorized to conduct a pilot

24 program under which the primary responsibilities of local

25 veterans’ employment representatives will be case manage-
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1 ment and the provision and facilitation of direct employ2 ment and training services to veterans.

3 (b) AUTHORITIES UNDER CHAPTER 41.—To imple4 ment the pilot program, the Secretary is authorized to sus5 pend or limit application of those provisions of chapter 41

6 (other than sections 4104 (b)(1) and (c)) of such title that

7 pertain to the Local Veterans’ Employment Representa8 tive Program in States designated by the Secretary under

9 subsection (d), except that the Secretary may use the au10 thority of chapter 41, as the Secretary may determine, in

11 conjunction with the authority of this section, to carry out

12 the pilot program. The Secretary may collect such data

13 as the Secretary considers necessary for assessment of the

14 pilot program. The Secretary shall measure and evaluate

15 on a continuing basis the effectiveness of the pilot pro16 gram in achieving its stated goals in general, and in

17 achieving such goals in relation to their cost, their effect

18 on related programs, and their structure and mechanisms

19 for delivery of services.

20 (c) TARGETED VETERANS.—Within the pilot pro21 gram, eligible veterans who are among groups most in

22 need of intensive services, including disabled veterans, eco23 nomically disadvantaged veterans, and veterans separated

24 within the previous four years from active military, naval,

25 or air service shall be given priority for service by local
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1 veterans’ employment representatives. Priority for the pro2 vision of service shall be given first to disabled veterans

3 and then to the other categories of veterans most in need

4 of intensive services in accordance with priorities deter5 mined by the Secretary of Labor in consultation with ap6 propriate State labor authorities.

7 (d) STATES DESIGNATED.—The pilot program shall

8 be limited to not more than five States to be designated

9 by the Secretary of Labor.

10 (e) REPORTS TO CONGRESS.—(1) One year after the

11 date of the enactment of this Act, the Secretary of Labor

12 shall submit to Congress and the Committees on Veterans’

13 Affairs of the Senate and the House of Representatives,

14 an interim report describing in detail the development and

15 implementation of the pilot program on a State by State

16 basis.

17 (2) Not later than 120 days after the expiration of

18 this section under subsection (h), the Secretary of Labor

19 shall submit to Congress and the Committees on Veterans’

20 Affairs of the Senate and the House of Representatives,

21 a final report evaluating the results of the pilot program

22 and make recommendations based on the evaluation,

23 which may include legislative recommendations.

24 (f) DEFINITIONS.—For the purposes of this section—
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1 (1) the term ‘‘veteran’’ has the meaning given

2 such term by section 101(2) of title 38, United

3 States Code;

4 (2) the term ‘‘disabled veteran’’ has the mean5 ing given such term by section 4211(3) of such title;

6 and

7 (3) the term ‘‘active military, naval, or air serv8 ice’’ has the meaning given such term by section

9 101(24) of such title.

10 (g) AUTHORIZATION.—There is authorized to be ap11 propriated for the pilot program, in the States designated

12 by the Secretary of Labor pursuant to subsection (d), the

13 amount allocated to such States under section

14 4102A(b)(5) of title 38, United States Code, for fiscal

15 years 1996, 1997, and 1998.

16 (h) EXPIRATION DATE.—Except as provided by sub17 section (e), this section shall expire on October 1, 1998.

18 TITLE III—EMPLOYMENT AND

19 REEMPLOYMENT RIGHTS OF

20 MEMBERS OF THE UNI21 FORMED SERVICES

22 SEC. 301. PURPOSES.

23 Section 4301(a)(2) is amended by striking out

24 ‘‘under honorable conditions’’.
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1 SEC. 302. DEFINITIONS.

2 Section 4303(16) is amended by inserting in lieu

3 thereof ‘‘national’’ before ‘‘emergency’’.

4 SEC. 303. DISCRIMINATION AGAINST PERSONS WHO SERVE

5 IN THE UNIFORMED SERVICES AND ACTS OF

6 REPRISAL PROHIBITED.

7 Section 4311 is amended by striking out subsections

8 (b) and (c) and inserting in lieu thereof the following:

9 ‘‘(b) An employer may not discriminate in employ10 ment against or take any adverse employment action

11 against any person because such person (1) has taken an

12 action to enforce a protection afforded any person under

13 this chapter, (2) has testified or otherwise made a state14 ment in or in connection with any proceeding under this

15 chapter, (3) has assisted or otherwise participated in an

16 investigation under this chapter, or (4) has exercised a

17 right provided for in this chapter. The prohibition in this

18 subsection shall apply with respect to a person regardless

19 of whether that person has performed service in the uni20 formed services.

21 ‘‘(c) An employer shall be considered to have engaged

22 in actions prohibited—

23 ‘‘(1) under subsection (a), if the person’s mem24 bership, application for membership, service, applica25 tion for service, or obligation for service in the uni26 formed services is a motivating factor in the employ-
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1 er’s action, unless the employer can prove that the

2 action would have been taken in the absence of such

3 membership, application for membership, service,

4 application for service, or obligation for service; or

5 ‘‘(2) under subsection (b), if the person’s (A)

6 action to enforce a protection afforded any person

7 under this chapter, (B) testimony or making of a

8 statement in or in connection with any proceeding

9 under this chapter, (C) assistance or other participa10 tion in an investigation under this chapter, or (D)

11 exercise of a right provided for in this chapter, is a

12 motivating factor in the employer’s action, unless

13 the employer can prove that the action would have

14 been taken in the absence of such person’s enforce15 ment action, testimony, statement, assistance, par16 ticipation, or exercise of a right.

17 ‘‘(d) The prohibitions in subsections (a) and (b) shall

18 apply to any position of employment, including a position

19 that is described in section 4312(d)(1)(C).’’.

20 SEC. 304. REEMPLOYMENT RIGHTS OF PERSONS WHO

21 SERVE IN THE UNIFORMED SERVICES.

22 (a) INCLUSION OF PREPARATION AND TRAVEL TIME

23 PRIOR TO SERVICE.—Section 4312(a) is amended by

24 striking out ‘‘who is absent from a position of employ-
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1 ment’’ and inserting in lieu thereof ‘‘whose absence from

2 a position of employment is necessitated’’.

3 (b) LIMITATION ON SERVICE EXEMPTION TO WAR OR

4 NATIONAL EMERGENCY.—Section 4312(c)(4)(B) is

5 amended to read as follows:

6 ‘‘(B) ordered to or retained on active duty

7 (other than for training) under any provision of

8 law because of a war or because of a national

9 emergency declared by the President or the

10 Congress as determined by the Secretary con11 cerned;’’.

12 (c) BRIEF, NONRECURRENT PERIODS OF SERVICE.—

13 Section 4312(d)(2)(C) is amended by striking out ‘‘is brief

14 or for a nonrecurrent period and without a reasonable ex15 pectation’’ and inserting in lieu thereof ‘‘is for a brief,

16 nonrecurrent period and there is no reasonable expecta17 tion’’.

18 (d) CONFORMING AMENDMENTS TO

19 REDESIGNATIONS IN TITLE 10.—Section 4312(c) is

20 amended—

21 (1) in paragraph (3), by striking out ‘‘section

22 270’’ and inserting in lieu thereof ‘‘section 10147’’;

23 and

24 (2) in paragraph (4)—
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1 (A) by striking out ‘‘section 672(a),

2 672(g), 673, 673b, 673c, or 688’’ in subpara3 graph (A) and inserting in lieu thereof ‘‘section

4 688, 12301(a), 12301(g), 12302, 12304, or

5 12305’’;

6 (B) by striking out ‘‘section 673b’’ in sub7 paragraph (C) and inserting in lieu thereof

8 ‘‘section 12304’’; and

9 (C) by striking out ‘‘section 3500 or 8500’’

10 in subparagraph (E) and inserting in lieu there11 of ‘‘section 12406’’.

12 SEC. 305. REEMPLOYMENT POSITIONS.

13 Section 4313(a)(4) is amended—

14 (1) by striking out ‘‘uniform services’’ in clause

15 (A)(ii) and inserting in lieu thereof ‘‘uniformed serv16 ices’’; and

17 (2) by striking out ‘‘of lesser status and pay

18 which’’ and inserting in lieu thereof ‘‘which is the

19 nearest approximation to a position referred to first

20 in clause (A)(i) and then in clause (A)(ii) which’’.

21 SEC. 306. LEAVE.

22 Section 4316(d) is amended by adding at the end the

23 following new sentence: ‘‘No employer may require any

24 such person to use vacation, annual or similar leave during

25 such period of service.’’.
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1 SEC. 307. HEALTH PLANS.

2 Section 4317(a) is amended—

3 (1) by striking out ‘‘(a)(1)(A) subject to para4 graphs (2) and (3), in’’ and inserting in lieu thereof

5 ‘‘(a)(1) In’’;

6 (2) by redesignating clauses (i) and (ii) of para7 graph (1) (as amended by paragraph (1) of this sec8 tion) as subparagraphs (A) and (B), respectively;

9 (3) by redesignating subparagraph (B) as para10 graph (2); and

11 (4) by redesignating subparagraph (C) as para12 graph (3), and in that paragraph by redesignating

13 clauses (i) and (ii) as subparagraphs (A) and (B),

14 and by redesignating subclauses (I) and (II) as

15 clauses (i) and (ii), respectively.

16 SEC. 308. EMPLOYEE PENSION BENEFIT PLANS.

17 The last sentence of section 4318(b)(2) is amended

18 by striking out ‘‘services,’’ and inserting in lieu thereof

19 ‘‘services, such payment period’’.

20 SEC. 309. ENFORCEMENT OF EMPLOYMENT OR REEMPLOY21 MENT RIGHTS.

22 (a) TECHNICAL AMENDMENT.—The second sentence

23 of section 4322(d) is amended by inserting in lieu thereof

24 ‘‘attempt to’’ before ‘‘resolve’’.

25 (b) NOTIFICATION.—Section 4322(e) of is amend26 ed—
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1 (1) in the matter preceding paragraph (1), by

2 striking out ‘‘with respect to a complaint under sub3 section (d) are unsuccessful,’’ and inserting in lieu

4 thereof ‘‘with respect to any complaint filed under

5 subsection (a) do not resolve the complaint,’’; and

6 (2) in paragraph (2), by inserting in lieu there7 of ‘‘or the Office of Personnel Management’’ after

8 ‘‘Federal executive agency’’.

9 SEC. 310. ENFORCEMENT OF RIGHTS WITH RESPECT TO A

10 STATE OR PRIVATE EMPLOYER.

11 Section 4323(a) is amended—

12 (1) in paragraph (1), by striking out ‘‘of an un13 successful effort to resolve a complaint’’; and

14 (2) in paragraph (2)(A), by striking out ‘‘re15 garding the complaint under section 4322(c)’’ and

16 inserting in lieu thereof ‘‘under section 4322(a)’’.

17 SEC. 311. ENFORCEMENT OF RIGHTS WITH RESPECT TO

18 FEDERAL EXECUTIVE AGENCIES.

19 (a) REFERRAL.—Section 4324(a)(1) is amended by

20 striking out ‘‘of an unsuccessful effort to resolve a com21 plaint relating to a Federal executive agency’’.

22 (b) ALTERNATIVE SUBMISSION OF COMPLAINT.—

23 Section 4324(b) is amended—
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1 (1) in the matter preceding paragraph (1), by

2 inserting in lieu thereof ‘‘or the Office of Personnel

3 Management’’ after ‘‘Federal executive agency’’; and

4 (2) in paragraph (1), by striking out ‘‘regarding

5 a complaint under section 4322(c)’’ and inserting in

6 lieu thereof ‘‘under section 4322(a)’’.

7 (c) RELIEF.—Section 4324(c)(2) is amended—

8 (1) by inserting in lieu thereof ‘‘or the Office of

9 Personnel Management’’ after ‘‘Federal executive

10 agency’’; and

11 (2) by striking out ‘‘employee’’ and inserting in

12 lieu thereof ‘‘Office’’.

13 SEC. 312. ENFORCEMENT OF RIGHTS WITH RESPECT TO

14 CERTAIN FEDERAL AGENCIES.

15 Section 4325(d)(1) is amended—

16 (1) by striking out ‘‘, alternative employment in

17 the Federal Government under this chapter,’’; and

18 (2) by striking out ‘‘employee’’ the last place it

19 appears and inserting in lieu thereof ‘‘employees’’.

20 SEC. 313. CONDUCT OF INVESTIGATION; SUBPOENAS.

21 Section 4326(a) is amended by inserting in lieu there22 of ‘‘have reasonable access to and the right to interview

23 persons with information relevant to the investigation and

24 shall’’ after ‘‘at all reasonable times,’’.
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1 SEC. 314. TRANSITION RULES AND EFFECTIVE DATES.

2 (a) REEMPLOYMENT.—Section 8(a) of the Uniformed

3 Services Employment and Reemployment Rights Act of

4 1994 (38 U.S.C. 4301 note) is amended—

5 (1) in paragraph (3), by adding at the end

6 thereof the following: ‘‘Any service begun up to 60

7 days after the date of enactment of this Act, which

8 is served up to 60 days after the date of enactment

9 of this Act pursuant to orders issued under section

10 502(f) of chapter 5 of title 32, United States Code,

11 shall be considered under chapter 43 of title 38,

12 United States Code, as in effect on the day before

13 such date of enactment. Any service pursuant to or14 ders issued under section 502(f) of chapter 5 of title

15 32, United States Code, served after 60 days after

16 the date of enactment of this Act, regardless of

17 when begun, shall be considered under the amend18 ments made by this Act.’’; and

19 (2) in paragraph (4), by striking out ‘‘such pe20 riod’’ and inserting in lieu thereof ‘‘such 60-day pe21 riod’’.

22 (b) INSURANCE.—Section 8(c)(2) of such Act is

23 amended by striking out ‘‘person on active duty’’ and in24 serting in lieu thereof ‘‘person serving a period of service

25 in the uniformed services’’.
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1 SEC. 315. EFFECTIVE DATES.

2 (a) IN GENERAL.—Except as provided in subsection

3 (b), the amendments made by this title shall take effect

4 as of October 13, 1994.

5 (b) REORGANIZED TITLE 10 REFERENCES.—The

6 amendments made by section 304(d) shall take effect as

7 of December 1, 1994.

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