[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3538 Introduced in House (IH)]







104th CONGRESS
  2d Session
                                H. R. 3538

To amend title 38, United States Code, to clarify the conditions under 
  which an action may be brought against a State to enforce veterans' 
              reemployment rights, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              May 29, 1996

  Mr. Filner introduced the following bill; which was referred to the 
                     Committee on Veterans' Affairs

_______________________________________________________________________

                                 A BILL


 
To amend title 38, United States Code, to clarify the conditions under 
  which an action may be brought against a State to enforce veterans' 
              reemployment rights, 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' Job Protection Act''.

SEC. 2. CLARIFICATION OF ACTIONS AGAINST STATES TO ENFORCE VETERANS' 
              REEMPLOYMENT RIGHTS.

    (a) Action Against a State.--Section 4323 of title 38, United 
States Code, is amended--
            (1) in subsection (a)(1), by striking out ``of an 
        unsuccessful effort to resolve a complaint relating to a State 
        (as an employer) or'' and inserting in lieu thereof ``relating 
        to'';
            (2) in subsection (a)(2)--
                    (A) by inserting ``against a private employer'' 
                after ``commence an action'' in the matter preceding 
                subparagraph (A); and
                    (B) in subparagraph (A), by striking out 
                ``regarding the complaint under section 4322(c)'' and 
                inserting in lieu thereof ``under section 4322(a)'';
            (3) in clauses (ii) and (iii) of subsection (c)(1)(A), by 
        inserting ``or the United States, as appropriate,'' after 
        ``person'' both places it appears;
            (4) by redesignating the second sentence of subsection (b) 
        as paragraph (3) of subsection (a); and
            (5) by amending subsection (b), as so amended, to read as 
        follows:
    ``(b)(1) A person who receives from the Secretary a notification 
pursuant to section 4322(e) relating to a State (as an employer) may 
request that the Secretary refer the complaint to the Attorney General. 
If the Attorney General is reasonably satisfied that the person on 
whose behalf the complaint is referred is entitled to the rights or 
benefits sought, the Attorney General may commence an action for 
appropriate relief in an appropriate United States district court. The 
action shall be brought in the name of the United States. In the case 
that such relief includes an award of compensation under subsection 
(c)(1), such compensation shall be held in a special deposit account 
and shall be paid, on order of the Attorney General, directly to the 
person. Any such moneys not paid to a person because of inability to do 
so within a period of three years shall be covered into the Treasury of 
the United States as miscellaneous receipts.
    ``(2) A person may commence an action against a State as an 
employer for relief with respect to a complaint if that person--
            ``(A) has chosen not to apply to the Secretary for 
        assistance under section 4322(a);
            ``(B) has chosen not to request that the Secretary refer 
        the complaint to the Attorney General under paragraph (1); or
            ``(C) has been refused representation by the Attorney 
        General with respect to the complaint under such paragraph.
    ``(3)(A) In the case of an action commenced against a State as an 
employer under paragraph (2), the action shall be brought in the name 
of the United States.
    ``(B) A copy of the complaint and written disclosure of 
substantially all material evidence and information the person 
possesses shall be served on the United States pursuant to Rule 4(d)(4) 
of the Federal Rules of Civil Procedure.
    ``(C)(i) The person bringing the action shall have the right to 
conduct the action. If the United States so requests, it shall be 
served with copies of all pleadings filed in the action and shall be 
supplied with copies of all deposition transcripts (at the expense of 
the United States). When a person proceeds with the action, the court, 
without limiting the status and rights of the person initiating the 
action, may nevertheless permit the United States to intervene at a 
later date upon a showing of good cause.
    ``(ii) If the United States intervenes and thereafter proceeds with 
the action, it shall have the primary responsibility for prosecuting 
the action, and shall not be bound by an act of the person bringing the 
action. Such person shall have the right to continue as a party to the 
action.
    ``(iii) The United States may settle the action with the defendant 
notwithstanding the objections of the person initiating the action if 
the court determines, after a hearing, that the proposed settlement is 
fair, adequate, and reasonable under all the circumstances.
    ``(D) After intervention by the United States, upon a showing by 
the defendant that unrestricted participation during the course of the 
litigation by the person initiating the action would be for purposes of 
harassment or would cause the defendant undue burden or unnecessary 
expense, the court may limit the participation by the person in the 
litigation.
    ``(4) If the United States does not intervene under paragraph (3) 
and the person bringing the action prevails or settles the claim, the 
person shall receive appropriate relief, including an amount for 
compensation or liquidated damages under subsection (c)(1). The amount 
shall be paid out of the proceeds of the action or settlement. The 
person prevailing in the action or settling the claim shall also 
receive an amount for reasonable expenses which the court finds to have 
been necessarily incurred, plus reasonable attorneys' fees and costs. 
All such expenses, fees, and costs shall be awarded against the 
defendant.
    ``(5) In the case of an action brought under this subsection, the 
appropriate district court is the court for any district in which the 
State exercises any authority or carries out any function.
    ``(6) The United States is not liable for expenses which a person 
incurs in bringing an action under this subsection.''.
    (b) Effective Date.--The amendments made by subsection (a) shall 
apply to all actions commenced under chapter 43 of title 38, United 
States Code, that are not final on the date of the enactment of this 
Act. In the case of any such action, the court shall, upon motion of a 
party, substitute parties to the action so that such action may proceed 
in accordance with section 4323 of such title, as amended by subsection 
(a) of this section.
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