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
permanently certain housing programs, to im-
prove the veterans employment and training sys-
tem, and to make clarifying and technical amend-
ments to further clarify the employment and re-
employment rights and responsibilities of mem-
bers of the uniformed services, as well as those
of the employer community, and for other
purposes.
DECEMBER 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 perma-
nently certain housing programs, to improve the veterans
employment and training system, and to make clarifying
and technical amendments to further clarify the employ-
ment 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 Representa-
tives 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 provi-
sion, 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 subpara-
graph (D).
(b) 
ADJUSTABLE
RATE
MORTGAGES.—Section
3707(a) is amended by striking out ‘‘demonstration
project under this section during fiscal years 1993, 1994,
and 1995’’ and inserting in lieu thereof ‘‘program under
this section’’.
(c) 
ENERGY
EFFICIENT
MORTGAGES.—Section
3710(d) is amended—
(1) in paragraph (1), by striking out ‘‘to dem-
onstrate the feasibility of guaranteeing’’ and insert-
ing in lieu thereof ‘‘to guarantee’’; and
(2) by striking out paragraph (7).
(d) ENHANCED LOAN ASSET SALE AUTHORITY.—
Section 3720(h)(2) is amended by striking out ‘‘1995’’
and inserting in lieu thereof ‘‘2000’’.
(e) AUTHORITY OF LENDERS OF AUTOMATICALLY
GUARANTEED LOANS TO REVIEW APPRAISALS.—Section
3731(f) is amended by striking out paragraphs (3), (4),
and (5).
(f) HOUSING ASSISTANCE FOR HOMELESS VETER-
ANS.—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 REPORT-
ING REQUIREMENTS.—(1) Chapter 37 is amended by add-
ing after section 3735 the following new section:
‘‘§ 3736. Reporting requirements
‘‘(a) 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 fol-
lowing:
‘‘(1) Loans made to veterans whose only quali-
fying 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) Loans made with adjustable rates guaran-
teed pursuant to section 3707 of this title.
‘‘(4) The determination of reasonable value by
lenders pursuant to section 3731(f) of this title.
‘‘(5) Loans that include funds for energy effi-
ciency 
improvements 
pursuant 
to 
section
3710(a)(10) of this title.
‘‘(6) 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 sec-
tion 3735 the following new item:
‘‘3736. Reporting requirements.’’.
(b) REPEAL OF SUPERSEDED REPORTING REQUIRE-
MENTS.—The Veterans Home Loan Program Amend-
ments 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
PRO-
GRAM.—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 in-
serting 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 in-
serting in lieu thereof ‘‘$10,000,000’’, and
(B) by striking out ‘‘1995’’ and inserting
in lieu thereof ‘‘1998’’.
(b) GENERAL
AUTHORIZATION
OF
APPROPRIA-
TIONS.—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’’.
(d) EFFECTIVE DATE.—The amendments made by
this section shall take effect on October 1, 1995.
TITLE II—VETERANS’
EMPLOYMENT AND TRAINING
SEC. 201. REGIONAL OFFICES FOR VETERANS’ EMPLOY-
MENT AND TRAINING.
Paragraph (1) of section 4102A(e) is amended to
read as follows:
‘‘(1) The Secretary of Labor shall assign regional ad-
ministrators 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 ef-
fective administration of the Veterans’ Employment and
Training Service. Each regional administrator appointed
after the date of the enactment of the Veterans Housing
and Employment Rights Benefits Act of 1994 shall be a
veteran.’’.
SEC. 202. SUPPORT PERSONNEL FOR DIRECTORS OF VET-
ERANS’ 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 insert-
ing 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 Di-
rector 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, re-
gardless of the period of the person’s residence in that
State.’’.
SEC. 204. PILOT PROGRAM TO INTEGRATE AND STREAM-
LINE FUNCTIONS OF LOCAL VETERANS’ EM-
PLOYMENT 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 manage-
ment and the provision and facilitation of direct employ-
ment and training services to veterans.
(b) AUTHORITIES UNDER CHAPTER 41.—To imple-
ment the pilot program, the Secretary is authorized to sus-
pend 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 Representa-
tive Program in States designated by the Secretary under
subsection (d), except that the Secretary may use the au-
thority 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 pro-
gram 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 pro-
gram, eligible veterans who are among groups most in
need of intensive services, including disabled veterans, eco-
nomically 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 pro-
vision 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 deter-
mined by the Secretary of Labor in consultation with ap-
propriate 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 mean-
ing given such term by section 4211(3) of such title;
and
(3) the term ‘‘active military, naval, or air serv-
ice’’ has the meaning given such term by section
101(24) of such title.
(g) AUTHORIZATION.—There is authorized to be ap-
propriated 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 sub-
section (e), this section shall expire on October 1, 1998.
TITLE 
III—EMPLOYMENT 
AND
REEMPLOYMENT RIGHTS OF
MEMBERS 
OF 
THE 
UNI-
FORMED 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 in lieu
thereof ‘‘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 employ-
ment 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 state-
ment 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 uni-
formed services.
‘‘(c) An employer shall be considered to have engaged
in actions prohibited—
‘‘(1) under subsection (a), if the person’s mem-
bership, application for membership, service, applica-
tion for service, or obligation for service in the uni-
formed services is a motivating factor in the employ-
er’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 participa-
tion 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 enforce-
ment action, testimony, statement, assistance, par-
ticipation, 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 employ-
ment’’ 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 con-
cerned;’’.
(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 ex-
pectation’’ and inserting in lieu thereof ‘‘is for a brief,
nonrecurrent period and there is no reasonable expecta-
tion’’.
(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 subpara-
graph (A) and inserting in lieu thereof ‘‘section
688, 12301(a), 12301(g), 12302, 12304, or
12305’’;
(B) by striking out ‘‘section 673b’’ in sub-
paragraph (C) and inserting in lieu thereof
‘‘section 12304’’; and
(C) by striking out ‘‘section 3500 or 8500’’
in subparagraph (E) and inserting in lieu there-
of ‘‘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 serv-
ices’’; 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 para-
graphs (2) and (3), in’’ and inserting in lieu thereof
‘‘(a)(1) In’’;
(2) by redesignating clauses (i) and (ii) of para-
graph (1) (as amended by paragraph (1) of this sec-
tion) as subparagraphs (A) and (B), respectively;
(3) by redesignating subparagraph (B) as para-
graph (2); and
(4) by redesignating subparagraph (C) as para-
graph (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 REEMPLOY-
MENT RIGHTS.
(a) TECHNICAL AMENDMENT.—The second sentence
of section 4322(d) is amended by inserting in lieu thereof
‘‘attempt to’’ before ‘‘resolve’’.
(b) NOTIFICATION.—Section 4322(e) of is amend-
ed—
(1) in the matter preceding paragraph (1), by
striking out ‘‘with respect to a complaint under sub-
section (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 in lieu there-
of ‘‘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 un-
successful effort to resolve a complaint’’; and
(2) in paragraph (2)(A), by striking out ‘‘re-
garding 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 com-
plaint 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 in lieu thereof ‘‘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 in lieu thereof ‘‘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 in lieu there-
of ‘‘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 or-
ders 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 amend-
ments made by this Act.’’; and
(2) in paragraph (4), by striking out ‘‘such pe-
riod’’ and inserting in lieu thereof ‘‘such 60-day pe-
riod’’.
(b) INSURANCE.—Section 8(c)(2) of such Act is
amended by striking out ‘‘person on active duty’’ and in-
serting 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.
HR 2289 RH——2