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[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2289 Referred in Senate (RFS)]

  1st Session
                                H. R. 2289

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                           December 13, 1995

Received; read twice and referred to the Committee on Veterans' Affairs

_______________________________________________________________________

                                 AN ACT

 
 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.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Veterans Housing, Employment 
Programs, and Employment Rights Benefits Act of 1995''.

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

    Except as otherwise expressly provided, whenever in this Act an 
amendment or repeal is expressed in terms of an amendment to, or repeal 
of, a section or other provision, the reference shall be considered to 
be made to a section or other provision of title 38, United States 
Code.

                  TITLE I--VETERANS' HOUSING PROGRAMS

SEC. 101. EXTENSIONS OF CERTAIN VETERANS' HOUSING PROGRAMS.

    (a) Negotiated Interest Rates.--Paragraph (4) of section 3703(c) is 
amended by striking out subparagraph (D).
    (b) Energy Efficient Mortgages.--Section 3710(d) is amended--
            (1) in paragraph (1), by striking out ``to demonstrate the 
        feasibility of guaranteeing'' and inserting in lieu thereof 
        ``to guarantee''; and
            (2) by striking out paragraph (7).
    (c) Enhanced Loan Asset Sale Authority.--Section 3720(h)(2) is 
amended by striking out ``1995'' and inserting in lieu thereof 
``2000''.
    (d) Authority of Lenders of Automatically Guaranteed Loans To 
Review Appraisals.--Section 3731(f) is amended by striking out 
paragraphs (3), (4), and (5).
    (e) Housing Assistance for Homeless Veterans.--Section 3735 is 
amended by striking out subsection (c).

SEC. 102. CODIFICATION OF REPORTING REQUIREMENTS AND CHANGES IN THEIR 
              FREQUENCY.

    (a) Codification of Housing Related Reporting Requirements.--(1) 
Chapter 37 is amended by adding after section 3735 the following new 
section:
``Sec. 3736. Reporting requirements
    ``The annual report required by section 529 of this title shall 
include a discussion of the activities under this chapter. Beginning 
with the report submitted at the close of fiscal year 1996, and every 
second year thereafter, this discussion shall include information 
regarding the following:
            ``(1) Loans made to veterans whose only qualifying service 
        was in the Selected Reserve.
            ``(2) Interest rates and discount points which were 
        negotiated between the lender and the veteran pursuant to 
        section 3703(c)(4)(A)(i) of this title.
            ``(3) The determination of reasonable value by lenders 
        pursuant to section 3731(f) of this title.
            ``(4) Loans that include funds for energy efficiency 
        improvements pursuant to section 3710(a)(10) of this title.
            ``(5) Direct loans to Native American veterans made 
        pursuant to subchapter V of this chapter.''.
    (2) The table of sections at the beginning of chapter 37 is amended 
by inserting after the item relating to section 3735 the following new 
item:

``3736. Reporting requirements.''.
    (b) Repeal of Superseded Reporting Requirements.--The Veterans Home 
Loan Program Amendments of 1992 (Public Law 102-547; 106 Stat. 3633) is 
amended by striking out sections 2(c), 3(b), 8(d), 9(c), and 10(b).

SEC. 103. JOB PLACEMENT FOR HOMELESS VETERANS.

    (a) Homeless Veterans Employment Program.--Section 738(e)(1) of the 
Stewart B. McKinney Homeless Assistance Act (42 U.S.C. 11448(e)(1)) is 
amended--
            (1) in subparagraph (A), by striking out ``1993'' and 
        inserting in lieu thereof ``1996'';
            (2) in subparagraph (B)--
                    (A) by striking out ``$12,000,000'' and inserting 
                in lieu thereof ``$10,000,000'', and
                    (B) by striking out ``1994'' and inserting in lieu 
                thereof ``1997''; and
            (3) in subparagraph (C)--
                    (A) by striking out ``$14,000,000'' and inserting 
                in lieu thereof ``$10,000,000'', and
                    (B) by striking out ``1995'' and inserting in lieu 
                thereof ``1998''.
    (b) General Authorization of Appropriations.--Section 739(a) of 
such Act (42 U.S.C. 11448(a)) is amended by striking out ``fiscal years 
1994 and 1995'' and inserting in lieu thereof ``fiscal years 1996, 
1997, and 1998''.
    (c) Extension of Program.--Section 741 of such Act (42 U.S.C. 
11450) is amended by striking out ``1995'' and inserting in lieu 
thereof ``1998''.

              TITLE II--VETERANS' EMPLOYMENT AND TRAINING

SEC. 201. REGIONAL OFFICES FOR VETERANS' EMPLOYMENT AND TRAINING.

    Paragraph (1) of section 4102A(e) is amended to read as follows:
    ``(1) The Secretary of Labor shall assign regional administrators 
for Veterans' Employment and Training in such regions, which may not be 
less than five in number, as the Secretary may determine are necessary 
for the effective administration of the Veterans' Employment and 
Training Service. Each regional administrator appointed after the date 
of the enactment of the Veterans Housing, Employment Programs, and 
Employment Rights Benefits Act of 1995 shall be a veteran.''.

SEC. 202. SUPPORT PERSONNEL FOR DIRECTORS OF VETERANS' EMPLOYMENT AND 
              TRAINING.

    Subsection (a) of section 4103 is amended--
            (1) in the first sentence, by striking out ``full-time 
        Federal clerical support'' and inserting in lieu thereof 
        ``full-time Federal clerical or other support personnel''; and
            (2) in the third sentence, by striking out ``Full-time 
        Federal clerical support personnel'' and inserting in lieu 
        thereof ``Full-time Federal clerical or other support 
        personnel''.

SEC. 203. DIRECTORS AND ASSISTANT DIRECTORS FOR VETERANS' EMPLOYMENT 
              AND TRAINING.

    Subparagraph (B) of section 4103(b)(1) is amended to read as 
follows:
    ``(B) A person who serves in the position of Director for Veterans' 
Employment and Training or Assistant Director of Veterans' Employment 
Training for any State for not less than two years is eligible for 
appointment as such a Director or Assistant Director for any State, 
regardless of the period of the person's residence in that State.''.

SEC. 204. PILOT PROGRAM TO INTEGRATE AND STREAMLINE FUNCTIONS OF LOCAL 
              VETERANS' EMPLOYMENT REPRESENTATIVES.

    (a) Authority To Conduct Pilot Program.--In order to assess the 
effects on the timeliness and quality of services to veterans resulting 
from re-focusing the staff resources of local veterans' employment 
representatives, the Secretary of Labor is authorized to conduct a 
pilot program under which the primary responsibilities of local 
veterans' employment representatives will be case management and the 
provision and facilitation of direct employment and training services 
to veterans.
    (b) Authorities Under Chapter 41.--To implement the pilot program, 
the Secretary is authorized to suspend or limit application of those 
provisions of chapter 41 (other than sections 4104 (b)(1) and (c)) of 
such title that pertain to the Local Veterans' Employment 
Representative Program in States designated by the Secretary under 
subsection (d), except that the Secretary may use the authority of 
chapter 41, as the Secretary may determine, in conjunction with the 
authority of this section, to carry out the pilot program. The 
Secretary may collect such data as the Secretary considers necessary 
for assessment of the pilot program. The Secretary shall measure and 
evaluate on a continuing basis the effectiveness of the pilot program 
in achieving its stated goals in general, and in achieving such goals 
in relation to their cost, their effect on related programs, and their 
structure and mechanisms for delivery of services.
    (c) Targeted Veterans.--Within the pilot program, eligible veterans 
who are among groups most in need of intensive services, including 
disabled veterans, economically disadvantaged veterans, and veterans 
separated within the previous four years from active military, naval, 
or air service shall be given priority for service by local veterans' 
employment representatives. Priority for the provision of service shall 
be given first to disabled veterans and then to the other categories of 
veterans most in need of intensive services in accordance with 
priorities determined by the Secretary of Labor in consultation with 
appropriate State labor authorities.
    (d) States Designated.--The pilot program shall be limited to not 
more than five States to be designated by the Secretary of Labor.
    (e) Reports to Congress.--(1) One year after the date of the 
enactment of this Act, the Secretary of Labor shall submit to Congress 
and the Committees on Veterans' Affairs of the Senate and the House of 
Representatives, an interim report describing in detail the development 
and implementation of the pilot program on a State by State basis.
    (2) Not later than 120 days after the expiration of this section 
under subsection (h), the Secretary of Labor shall submit to Congress 
and the Committees on Veterans' Affairs of the Senate and the House of 
Representatives, a final report evaluating the results of the pilot 
program and make recommendations based on the evaluation, which may 
include legislative recommendations.
    (f) Definitions.--For the purposes of this section--
            (1) the term ``veteran'' has the meaning given such term by 
        section 101(2) of title 38, United States Code;
            (2) the term ``disabled veteran'' has the meaning given 
        such term by section 4211(3) of such title; and
            (3) the term ``active military, naval, or air service'' has 
        the meaning given such term by section 101(24) of such title.
    (g) Authorization.--There is authorized to be appropriated for the 
pilot program, in the States designated by the Secretary of Labor 
pursuant to subsection (d), the amount allocated to such States under 
section 4102A(b)(5) of title 38, United States Code, for fiscal years 
1996, 1997, and 1998.
    (h) Expiration Date.--Except as provided by subsection (e), this 
section shall expire on October 1, 1998.

    TITLE III--EMPLOYMENT AND REEMPLOYMENT RIGHTS OF MEMBERS OF THE 
                           UNIFORMED SERVICES

SEC. 301. PURPOSES.

    Section 4301(a)(2) is amended by striking out ``under honorable 
conditions''.

SEC. 302. DEFINITIONS.

    Section 4303(16) is amended by inserting ``national'' before 
``emergency''.

SEC. 303. DISCRIMINATION AGAINST PERSONS WHO SERVE IN THE UNIFORMED 
              SERVICES AND ACTS OF REPRISAL PROHIBITED.

    Section 4311 is amended by striking out subsections (b) and (c) and 
inserting in lieu thereof the following:
    ``(b) An employer may not discriminate in employment against or 
take any adverse employment action against any person because such 
person (1) has taken an action to enforce a protection afforded any 
person under this chapter, (2) has testified or otherwise made a 
statement in or in connection with any proceeding under this chapter, 
(3) has assisted or otherwise participated in an investigation under 
this chapter, or (4) has exercised a right provided for in this 
chapter. The prohibition in this subsection shall apply with respect to 
a person regardless of whether that person has performed service in the 
uniformed services.
    ``(c) An employer shall be considered to have engaged in actions 
prohibited--
            ``(1) under subsection (a), if the person's membership, 
        application for membership, service, application for service, 
        or obligation for service in the uniformed services is a 
        motivating factor in the employer's action, unless the employer 
        can prove that the action would have been taken in the absence 
        of such membership, application for membership, service, 
        application for service, or obligation for service; or
            ``(2) under subsection (b), if the person's (A) action to 
        enforce a protection afforded any person under this chapter, 
        (B) testimony or making of a statement in or in connection with 
        any proceeding under this chapter, (C) assistance or other 
        participation in an investigation under this chapter, or (D) 
        exercise of a right provided for in this chapter, is a 
        motivating factor in the employer's action, unless the employer 
        can prove that the action would have been taken in the absence 
        of such person's enforcement action, testimony, statement, 
        assistance, participation, or exercise of a right.
    ``(d) The prohibitions in subsections (a) and (b) shall apply to 
any position of employment, including a position that is described in 
section 4312(d)(1)(C).''.

SEC. 304. REEMPLOYMENT RIGHTS OF PERSONS WHO SERVE IN THE UNIFORMED 
              SERVICES.

    (a) Inclusion of Preparation and Travel Time Prior to Service.--
Section 4312(a) is amended by striking out ``who is absent from a 
position of employment'' and inserting in lieu thereof ``whose absence 
from a position of employment is necessitated''.
    (b) Limitation on Service Exemption to War or National Emergency.--
Section 4312(c)(4)(B) is amended to read as follows:
                    ``(B) ordered to or retained on active duty (other 
                than for training) under any provision of law because 
                of a war or because of a national emergency declared by 
                the President or the Congress as determined by the 
                Secretary concerned;''.
    (c) Brief, Nonrecurrent Periods of Service.--Section 4312(d)(2)(C) 
is amended by striking out ``is brief or for a nonrecurrent period and 
without a reasonable expectation'' and inserting in lieu thereof ``is 
for a brief, nonrecurrent period and there is no reasonable 
expectation''.
    (d) Conforming Amendments to Redesignations in Title 10.--Section 
4312(c) is amended--
            (1) in paragraph (3), by striking out ``section 270'' and 
        inserting in lieu thereof ``section 10147''; and
            (2) in paragraph (4)--
                    (A) by striking out ``section 672(a), 672(g), 673, 
                673b, 673c, or 688'' in subparagraph (A) and inserting 
                in lieu thereof ``section 688, 12301(a), 12301(g), 
                12302, 12304, or 12305'';
                    (B) by striking out ``section 673b'' in 
                subparagraph (C) and inserting in lieu thereof 
                ``section 12304''; and
                    (C) by striking out ``section 3500 or 8500'' in 
                subparagraph (E) and inserting in lieu thereof 
                ``section 12406''.

SEC. 305. REEMPLOYMENT POSITIONS.

    Section 4313(a)(4) is amended--
            (1) by striking out ``uniform services'' in clause (A)(ii) 
        and inserting in lieu thereof ``uniformed services''; and
            (2) by striking out ``of lesser status and pay which'' and 
        inserting in lieu thereof ``which is the nearest approximation 
        to a position referred to first in clause (A)(i) and then in 
        clause (A)(ii) which''.

SEC. 306. LEAVE.

    Section 4316(d) is amended by adding at the end the following new 
sentence: ``No employer may require any such person to use vacation, 
annual or similar leave during such period of service.''.

SEC. 307. HEALTH PLANS.

    Section 4317(a) is amended--
            (1) by striking out ``(a)(1)(A) subject to paragraphs (2) 
        and (3), in'' and inserting in lieu thereof ``(a)(1) In'';
            (2) by redesignating clauses (i) and (ii) of paragraph (1) 
        (as amended by paragraph (1) of this section) as subparagraphs 
        (A) and (B), respectively;
            (3) by redesignating subparagraph (B) as paragraph (2); and
            (4) by redesignating subparagraph (C) as paragraph (3), and 
        in that paragraph by redesignating clauses (i) and (ii) as 
        subparagraphs (A) and (B), and by redesignating subclauses (I) 
        and (II) as clauses (i) and (ii), respectively.

SEC. 308. EMPLOYEE PENSION BENEFIT PLANS.

    The last sentence of section 4318(b)(2) is amended by striking out 
``services,'' and inserting in lieu thereof ``services, such payment 
period''.

SEC. 309. ENFORCEMENT OF EMPLOYMENT OR REEMPLOYMENT RIGHTS.

    (a) Technical Amendment.--The second sentence of section 4322(d) is 
amended by inserting ``attempt to'' before ``resolve''.
    (b) Notification.--Section 4322(e) of is amended--
            (1) in the matter preceding paragraph (1), by striking out 
        ``with respect to a complaint under subsection (d) are 
        unsuccessful,'' and inserting in lieu thereof ``with respect to 
        any complaint filed under subsection (a) do not resolve the 
        complaint,''; and
            (2) in paragraph (2), by inserting ``or the Office of 
        Personnel Management'' after ``Federal executive agency''.

SEC. 310. ENFORCEMENT OF RIGHTS WITH RESPECT TO A STATE OR PRIVATE 
              EMPLOYER.

    Section 4323(a) is amended--
            (1) in paragraph (1), by striking out ``of an unsuccessful 
        effort to resolve a complaint''; and
            (2) in paragraph (2)(A), by striking out ``regarding the 
        complaint under section 4322(c)'' and inserting in lieu thereof 
        ``under section 4322(a)''.

SEC. 311. ENFORCEMENT OF RIGHTS WITH RESPECT TO FEDERAL EXECUTIVE 
              AGENCIES.

    (a) Referral.--Section 4324(a)(1) is amended by striking out ``of 
an unsuccessful effort to resolve a complaint relating to a Federal 
executive agency''.
    (b) Alternative Submission of Complaint.--Section 4324(b) is 
amended--
            (1) in the matter preceding paragraph (1), by inserting 
        ``or the Office of Personnel Management'' after ``Federal 
        executive agency''; and
            (2) in paragraph (1), by striking out ``regarding a 
        complaint under section 4322(c)'' and inserting in lieu thereof 
        ``under section 4322(a)''.
    (c) Relief.--Section 4324(c)(2) is amended--
            (1) by inserting ``or the Office of Personnel Management'' 
        after ``Federal executive agency''; and
            (2) by striking out ``employee'' and inserting in lieu 
        thereof ``Office''.

SEC. 312. ENFORCEMENT OF RIGHTS WITH RESPECT TO CERTAIN FEDERAL 
              AGENCIES.

    Section 4325(d)(1) is amended--
            (1) by striking out ``, alternative employment in the 
        Federal Government under this chapter,''; and
            (2) by striking out ``employee'' the last place it appears 
        and inserting in lieu thereof ``employees''.

SEC. 313. CONDUCT OF INVESTIGATION; SUBPOENAS.

    Section 4326(a) is amended by inserting ``have reasonable access to 
and the right to interview persons with information relevant to the 
investigation and shall'' after ``at all reasonable times,''.

SEC. 314. TRANSITION RULES AND EFFECTIVE DATES.

    (a) Reemployment.--Section 8(a) of the Uniformed Services 
Employment and Reemployment Rights Act of 1994 (38 U.S.C. 4301 note) is 
amended--
            (1) in paragraph (3), by adding at the end thereof the 
        following: ``Any service begun up to 60 days after the date of 
        enactment of this Act, which is served up to 60 days after the 
        date of enactment of this Act pursuant to orders issued under 
        section 502(f) of chapter 5 of title 32, United States Code, 
        shall be considered under chapter 43 of title 38, United States 
        Code, as in effect on the day before such date of enactment. 
        Any service pursuant to orders issued under section 502(f) of 
        chapter 5 of title 32, United States Code, served after 60 days 
        after the date of enactment of this Act, regardless of when 
        begun, shall be considered under the amendments made by this 
        Act.''; and
            (2) in paragraph (4), by striking out ``such period'' and 
        inserting in lieu thereof ``such 60-day period''.
    (b) Insurance.--Section 8(c)(2) of such Act is amended by striking 
out ``person on active duty'' and inserting in lieu thereof ``person 
serving a period of service in the uniformed services''.

SEC. 315. EFFECTIVE DATES.

    (a) In General.--Except as provided in subsection (b), the 
amendments made by this title shall take effect as of October 13, 1994.
    (b) Reorganized Title 10 References.--The amendments made by 
section 304(d) shall take effect as of December 1, 1994.

            Passed the House of Representatives December 12, 1995.

            Attest:

                                                ROBIN H. CARLE,

                                                                 Clerk.

HR 2289 RFS----2
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