< Back to H.R. 2289 (104th Congress, 1995–1996)

Text of the Veterans Housing, Employment Programs, and Employment Rights Benefits Act of 1995

This bill was introduced in a previous session of Congress and was passed by the House on December 12, 1995 but was never passed by the Senate. The text of the bill below is as of Dec 13, 1995 (Referred to Senate Committee).

Source: GPO

HR 2289 RFS

104th CONGRESS

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