Union Calendar No. 203

104TH CONGRESS

1ST SESSION H. R. 2289

[Report No. 104–397]

A BILL

To amend title 38, United States Code, to extend

purposes.of the employer community, and for otherbers of the uniformed services, as well as thoseemployment rights and responsibilities of memments to further clarify the employment and retem, and to make clarifying and technical amendprove the veterans employment and training syspermanently certain housing programs, to imDECEMBER 11, 1995

Committed to the Committee of the Whole House on the

State of the Union and ordered to be printed
IB

Union Calendar No. 203

104TH CONGRESS

1ST SESSION H. R. 2289

[Report No. 104–397]

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

DECEMBER 11, 1995

Additional sponsors: Mr. FLANAGAN, Mr. BISHOP, Mr. SMITH of New Jersey,

Mr. BILIRAKIS, Ms. BROWN of Florida, Mr. WELLER, and Mr. CLEMENT

DECEMBER 11, 1995

Committed to the Committee of the Whole House on the State of the Union

and ordered to be printed

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 employ-
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ment 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,

3 SECTION 1. SHORT TITLE.

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

5 Employment Programs, and Employment Rights Benefits

6 Act of 1995’’.

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

8 Except as otherwise expressly provided, whenever in

9 this Act an amendment or repeal is expressed in terms

10 of an amendment to, or repeal of, a section or other provi11 sion, the reference shall be considered to be made to a

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

13 TITLE I—VETERANS’ HOUSING

14 PROGRAMS

15 SEC. 101. EXTENSIONS OF CERTAIN VETERANS’ HOUSING

16 PROGRAMS.

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

18 of section 3703(c) is amended by striking out subpara19 graph (D).

20 (b) ADJUSTABLE RATE MORTGAGES.—Section

21 3707(a) is amended by striking out ‘‘demonstration

22 project under this section during fiscal years 1993, 1994,
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1 and 1995’’ and inserting in lieu thereof ‘‘program under

2 this section’’.

3 (c) ENERGY EFFICIENT MORTGAGES.—Section

4 3710(d) is amended—

5 (1) in paragraph (1), by striking out ‘‘to dem6 onstrate the feasibility of guaranteeing’’ and insert7 ing in lieu thereof ‘‘to guarantee’’; and

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

9 (d) ENHANCED LOAN ASSET SALE AUTHORITY.—

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

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

12 (e) AUTHORITY OF LENDERS OF AUTOMATICALLY

13 GUARANTEED LOANS TO REVIEW APPRAISALS.—Section

14 3731(f) is amended by striking out paragraphs (3), (4),

15 and (5).

16 (f) HOUSING ASSISTANCE FOR HOMELESS VETER17 ANS.—Section 3735 is amended by striking out subsection

18 (c).

19 SEC. 102. CODIFICATION OF REPORTING REQUIREMENTS

20 AND CHANGES IN THEIR FREQUENCY.

21 (a) CODIFICATION OF HOUSING RELATED REPORT22 ING REQUIREMENTS.—(1) Chapter 37 is amended by add23 ing after section 3735 the following new section:
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1 ‘‘§ 3736. Reporting requirements

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

3 this title shall include a discussion of the activities under

4 this chapter. Beginning with the report submitted at the

5 close of fiscal year 1996, and every second year thereafter,

6 this discussion shall include information regarding the fol7 lowing:

8 ‘‘(1) Loans made to veterans whose only quali9 fying service was in the Selected Reserve.

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

11 were negotiated between the lender and the veteran

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

13 ‘‘(3) Loans made with adjustable rates guaran14 teed pursuant to section 3707 of this title.

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

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

17 ‘‘(5) Loans that include funds for energy effi18 ciency improvements pursuant to section

19 3710(a)(10) of this title.

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

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

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

23 37 is amended by inserting after the item relating to sec24 tion 3735 the following new item:

‘‘3736. Reporting requirements.’’.
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1 (b) REPEAL OF SUPERSEDED REPORTING REQUIRE2 MENTS.—The Veterans Home Loan Program Amend3 ments of 1992 (Public Law 102–547; 106 Stat. 3633) is

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

5 and 10(b).

6 SEC. 103. JOB PLACEMENT FOR HOMELESS VETERANS.

7 (a) HOMELESS VETERANS EMPLOYMENT PRO8 GRAM.—Section 738(e)(1) of the Stewart B. McKinney

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

10 amended—

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

12 ‘‘1993’’ and inserting in lieu thereof ‘‘1996’’;

13 (2) in subparagraph (B)—

14 (A) by striking out ‘‘$12,000,000’’ and in15 serting in lieu thereof ‘‘$10,000,000’’, and

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

17 in lieu thereof ‘‘1997’’; and

18 (3) in subparagraph (C)—

19 (A) by striking out ‘‘$14,000,000’’ and in20 serting in lieu thereof ‘‘$10,000,000’’, and

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

22 in lieu thereof ‘‘1998’’.

23 (b) GENERAL AUTHORIZATION OF APPROPRIA24 TIONS.—Section 739(a) of such Act (42 U.S.C. 11448(a))

25 is amended by striking out ‘‘fiscal years 1994 and 1995’’
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1 and inserting in lieu thereof ‘‘fiscal years 1996, 1997, and

2 1998’’.

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

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

5 and inserting in lieu thereof ‘‘1998’’.

6 (d) EFFECTIVE DATE.—The amendments made by

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

8 TITLE II—VETERANS’

9 EMPLOYMENT AND TRAINING

10 SEC. 201. REGIONAL OFFICES FOR VETERANS’ EMPLOY11 MENT AND TRAINING.

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

13 read as follows:

14 ‘‘(1) The Secretary of Labor shall assign regional ad15 ministrators for Veterans’ Employment and Training in

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

17 as the Secretary may determine are necessary for the ef18 fective administration of the Veterans’ Employment and

19 Training Service. Each regional administrator appointed

20 after the date of the enactment of the Veterans Housing

21 and Employment Rights Benefits Act of 1994 shall be a

22 veteran.’’.

23 SEC. 202. SUPPORT PERSONNEL FOR DIRECTORS OF VET24 ERANS’ EMPLOYMENT AND TRAINING.

25 Subsection (a) of section 4103 is amended—
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1 (1) in the first sentence, by striking out ‘‘full2 time Federal clerical support’’ and inserting in lieu

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

4 personnel’’; and

5 (2) in the third sentence, by striking out ‘‘Full6 time Federal clerical support personnel’’ and insert7 ing in lieu thereof ‘‘Full-time Federal clerical or

8 other support personnel’’.

9 SEC. 203. DIRECTORS AND ASSISTANT DIRECTORS FOR

10 VETERANS’ EMPLOYMENT AND TRAINING.

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

12 to read as follows:

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

14 for Veterans’ Employment and Training or Assistant Di15 rector of Veterans’ Employment Training for any State

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

17 such a Director or Assistant Director for any State, re18 gardless of the period of the person’s residence in that

19 State.’’.

20 SEC. 204. PILOT PROGRAM TO INTEGRATE AND STREAM21 LINE FUNCTIONS OF LOCAL VETERANS’ EM22 PLOYMENT REPRESENTATIVES.

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

24 order to assess the effects on the timeliness and quality

25 of services to veterans resulting from re-focusing the staff
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1 resources of local veterans’ employment representatives,

2 the Secretary of Labor is authorized to conduct a pilot

3 program under which the primary responsibilities of local

4 veterans’ employment representatives will be case manage5 ment and the provision and facilitation of direct employ6 ment and training services to veterans.

7 (b) AUTHORITIES UNDER CHAPTER 41.—To imple8 ment the pilot program, the Secretary is authorized to sus9 pend or limit application of those provisions of chapter 41

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

11 pertain to the Local Veterans’ Employment Representa12 tive Program in States designated by the Secretary under

13 subsection (d), except that the Secretary may use the au14 thority of chapter 41, as the Secretary may determine, in

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

16 the pilot program. The Secretary may collect such data

17 as the Secretary considers necessary for assessment of the

18 pilot program. The Secretary shall measure and evaluate

19 on a continuing basis the effectiveness of the pilot pro20 gram in achieving its stated goals in general, and in

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

22 on related programs, and their structure and mechanisms

23 for delivery of services.

24 (c) TARGETED VETERANS.—Within the pilot pro25 gram, eligible veterans who are among groups most in
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1 need of intensive services, including disabled veterans, eco2 nomically disadvantaged veterans, and veterans separated

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

4 or air service shall be given priority for service by local

5 veterans’ employment representatives. Priority for the pro6 vision of service shall be given first to disabled veterans

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

8 of intensive services in accordance with priorities deter9 mined by the Secretary of Labor in consultation with ap10 propriate State labor authorities.

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

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

13 by the Secretary of Labor.

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

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

16 shall submit to Congress and the Committees on Veterans’

17 Affairs of the Senate and the House of Representatives,

18 an interim report describing in detail the development and

19 implementation of the pilot program on a State by State

20 basis.

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

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

23 shall submit to Congress and the Committees on Veterans’

24 Affairs of the Senate and the House of Representatives,

25 a final report evaluating the results of the pilot program
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1 and make recommendations based on the evaluation,

2 which may include legislative recommendations.

3 (f) DEFINITIONS.—For the purposes of this section—

4 (1) the term ‘‘veteran’’ has the meaning given

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

6 States Code;

7 (2) the term ‘‘disabled veteran’’ has the mean8 ing given such term by section 4211(3) of such title;

9 and

10 (3) the term ‘‘active military, naval, or air serv11 ice’’ has the meaning given such term by section

12 101(24) of such title.

13 (g) AUTHORIZATION.—There is authorized to be ap14 propriated for the pilot program, in the States designated

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

16 amount allocated to such States under section

17 4102A(b)(5) of title 38, United States Code, for fiscal

18 years 1996, 1997, and 1998.

19 (h) EXPIRATION DATE.—Except as provided by sub20 section (e), this section shall expire on October 1, 1998.
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1 TITLE III—EMPLOYMENT AND

2 REEMPLOYMENT RIGHTS OF

3 MEMBERS OF THE UNI4 FORMED SERVICES

5 SEC. 301. PURPOSES.

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

7 ‘‘under honorable conditions’’.

8 SEC. 302. DEFINITIONS.

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

10 thereof ‘‘national’’ before ‘‘emergency’’.

11 SEC. 303. DISCRIMINATION AGAINST PERSONS WHO SERVE

12 IN THE UNIFORMED SERVICES AND ACTS OF

13 REPRISAL PROHIBITED.

14 Section 4311 is amended by striking out subsections

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

16 ‘‘(b) An employer may not discriminate in employ17 ment against or take any adverse employment action

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

19 action to enforce a protection afforded any person under

20 this chapter, (2) has testified or otherwise made a state21 ment in or in connection with any proceeding under this

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

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

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

25 subsection shall apply with respect to a person regardless
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1 of whether that person has performed service in the uni2 formed services.

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

4 in actions prohibited—

5 ‘‘(1) under subsection (a), if the person’s mem6 bership, application for membership, service, applica7 tion for service, or obligation for service in the uni8 formed services is a motivating factor in the employ9 er’s action, unless the employer can prove that the

10 action would have been taken in the absence of such

11 membership, application for membership, service,

12 application for service, or obligation for service; or

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

14 action to enforce a protection afforded any person

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

16 statement in or in connection with any proceeding

17 under this chapter, (C) assistance or other participa18 tion in an investigation under this chapter, or (D)

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

20 motivating factor in the employer’s action, unless

21 the employer can prove that the action would have

22 been taken in the absence of such person’s enforce23 ment action, testimony, statement, assistance, par24 ticipation, or exercise of a right.
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1 ‘‘(d) The prohibitions in subsections (a) and (b) shall

2 apply to any position of employment, including a position

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

4 SEC. 304. REEMPLOYMENT RIGHTS OF PERSONS WHO

5 SERVE IN THE UNIFORMED SERVICES.

6 (a) INCLUSION OF PREPARATION AND TRAVEL TIME

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

8 striking out ‘‘who is absent from a position of employ9 ment’’ and inserting in lieu thereof ‘‘whose absence from

10 a position of employment is necessitated’’.

11 (b) LIMITATION ON SERVICE EXEMPTION TO WAR OR

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

13 amended to read as follows:

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

15 (other than for training) under any provision of

16 law because of a war or because of a national

17 emergency declared by the President or the

18 Congress as determined by the Secretary con19 cerned;’’.

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

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

22 or for a nonrecurrent period and without a reasonable ex23 pectation’’ and inserting in lieu thereof ‘‘is for a brief,

24 nonrecurrent period and there is no reasonable expecta25 tion’’.
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1 (d) CONFORMING AMENDMENTS TO

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

3 amended—

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

5 270’’ and inserting in lieu thereof ‘‘section 10147’’;

6 and

7 (2) in paragraph (4)—

8 (A) by striking out ‘‘section 672(a),

9 672(g), 673, 673b, 673c, or 688’’ in subpara10 graph (A) and inserting in lieu thereof ‘‘section

11 688, 12301(a), 12301(g), 12302, 12304, or

12 12305’’;

13 (B) by striking out ‘‘section 673b’’ in sub14 paragraph (C) and inserting in lieu thereof

15 ‘‘section 12304’’; and

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

17 in subparagraph (E) and inserting in lieu there18 of ‘‘section 12406’’.

19 SEC. 305. REEMPLOYMENT POSITIONS.

20 Section 4313(a)(4) is amended—

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

22 (A)(ii) and inserting in lieu thereof ‘‘uniformed serv23 ices’’; and

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

25 which’’ and inserting in lieu thereof ‘‘which is the
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1 nearest approximation to a position referred to first

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

3 SEC. 306. LEAVE.

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

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

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

7 such period of service.’’.

8 SEC. 307. HEALTH PLANS.

9 Section 4317(a) is amended—

10 (1) by striking out ‘‘(a)(1)(A) Subject to para11 graphs (2) and (3), in’’ and inserting in lieu thereof

12 ‘‘(a)(1) In’’;

13 (2) by redesignating clauses (i) and (ii) of para14 graph (1) (as amended by paragraph (1) of this sec15 tion) as subparagraphs (A) and (B), respectively;

16 (3) by redesignating subparagraph (B) as para17 graph (2); and

18 (4) by redesignating subparagraph (C) as para19 graph (3), and in that paragraph by redesignating

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

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

22 clauses (i) and (ii), respectively.
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1 SEC. 308. EMPLOYEE PENSION BENEFIT PLANS.

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

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

4 ‘‘services, such payment period’’.

5 SEC. 309. ENFORCEMENT OF EMPLOYMENT OR REEMPLOY6 MENT RIGHTS.

7 (a) TECHNICAL AMENDMENT.—The second sentence

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

9 ‘‘attempt to’’ before ‘‘resolve’’.

10 (b) NOTIFICATION.—Section 4322(e) of is amend11 ed—

12 (1) in the matter preceding paragraph (1), by

13 striking out ‘‘with respect to a complaint under sub14 section (d) are unsuccessful,’’ and inserting in lieu

15 thereof ‘‘with respect to any complaint filed under

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

17 (2) in paragraph (2), by inserting in lieu there18 of ‘‘or the Office of Personnel Management’’ after

19 ‘‘Federal executive agency’’.

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

21 STATE OR PRIVATE EMPLOYER.

22 Section 4323(a) is amended—

23 (1) in paragraph (1), by striking out ‘‘of an un24 successful effort to resolve a complaint’’; and
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1 (2) in paragraph (2)(A), by striking out ‘‘re2 garding the complaint under section 4322(c)’’ and

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

4 SEC. 311. ENFORCEMENT OF RIGHTS WITH RESPECT TO

5 FEDERAL EXECUTIVE AGENCIES.

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

7 striking out ‘‘of an unsuccessful effort to resolve a com8 plaint relating to a Federal executive agency’’.

9 (b) ALTERNATIVE SUBMISSION OF COMPLAINT.—

10 Section 4324(b) is amended—

11 (1) in the matter preceding paragraph (1), by

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

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

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

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

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

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

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

19 Personnel Management’’ after ‘‘Federal executive

20 agency’’; and

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

22 lieu thereof ‘‘Office’’.

23 SEC. 312. ENFORCEMENT OF RIGHTS WITH RESPECT TO

24 CERTAIN FEDERAL AGENCIES.

25 Section 4325(d)(1) is amended—
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1 (1) by striking out ‘‘, alternative employment in

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

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

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

5 SEC. 313. CONDUCT OF INVESTIGATION; SUBPOENAS.

6 Section 4326(a) is amended by inserting in lieu there7 of ‘‘have reasonable access to and the right to interview

8 persons with information relevant to the investigation and

9 shall’’ after ‘‘at all reasonable times,’’.

10 SEC. 314. TRANSITION RULES AND EFFECTIVE DATES.

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

12 Services Employment and Reemployment Rights Act of

13 1994 (38 U.S.C. 4301 note) is amended—

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

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

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

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

18 of this Act pursuant to orders issued under section

19 502(f) of chapter 5 of title 32, United States Code,

20 shall be considered under chapter 43 of title 38,

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

22 such date of enactment. Any service pursuant to or23 ders issued under section 502(f) of chapter 5 of title

24 32, United States Code, served after 60 days after

25 the date of enactment of this Act, regardless of
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1 when begun, shall be considered under the amend2 ments made by this Act.’’; and

3 (2) in paragraph (4), by striking out ‘‘such pe4 riod’’ and inserting in lieu thereof ‘‘such 60-day pe5 riod’’.

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

7 amended by striking out ‘‘person on active duty’’ and in8 serting in lieu thereof ‘‘person serving a period of service

9 in the uniformed services’’.

10 SEC. 315. EFFECTIVE DATES.

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

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

13 as of October 13, 1994.

14 (b) REORGANIZED TITLE 10 REFERENCES.—The

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

16 of December 1, 1994.

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