[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3938 Introduced in House (IH)]







104th CONGRESS
  2d Session
                                H. R. 3938

   To amend title 38, United States Code, to provide for a Veterans' 
 Employment and Training Bill of Rights, to strengthen preference for 
              veterans in hiring, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             August 1, 1996

  Mr. Filner (for himself, Mr. Montgomery, Mr. Evans, Mr. Kennedy of 
 Massachusetts, Mr. Edwards, Mr. Clement, Mr. Tejeda, Mr. Baesler, Mr. 
Clyburn, Mr. Bishop, Ms. Brown of Florida, and Mr. Mascara) introduced 
 the following bill; which was referred to the Committee on Veterans' 
                                Affairs

_______________________________________________________________________

                                 A BILL


 
   To amend title 38, United States Code, to provide for a Veterans' 
 Employment and Training Bill of Rights, to strengthen preference for 
              veterans in hiring, 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' Training and Employment 
Bill of Rights Act of 1996''.

SEC. 2. VETERANS' TRAINING AND EMPLOYMENT ASSISTANCE.

    (a) In General.--Chapter 42 of title 38, United States Code, is 
amended by adding at the end the following:
``Sec. 4215. Veterans' Employment and Training Bill of Rights
    ``(a) For the purposes of this section, an individual is a covered 
person if the individual is--
            ``(1) a veteran who has a service-connected disability;
            ``(2) a veteran who served on active duty in the armed 
        forces during a war, in a campaign or expedition for which a 
        campaign badge has been authorized; or
            ``(3) the spouse of--
                    ``(A) any person who died of a service-connected 
                disability;
                    ``(B) any member of the Armed Forces serving on 
                active duty who, at the time of application for 
                assistance under this section, is listed, pursuant to 
                section 556 of title 37 and regulations issued 
                thereunder, by the Secretary concerned in one or more 
                of the following categories and has been so listed for 
                a total of more than 90 days: (i) missing in action, 
                (ii) captured in line of duty by a hostile force, or 
                (iii) forcibly detained or interned in line of duty by 
                a foreign government or power;
                    ``(C) any person who has a total disability 
                permanent in nature resulting from a service-connected 
                disability; or
                    ``(D) a veteran who died while a disability so 
                evaluated was in existence.
    ``(b) A covered person is entitled to priority of services under 
any federally-funded (in whole or in part) work-force preparation, 
development, or delivery program or service if the person otherwise 
meets the eligibility requirements for participating in such program or 
service, including a program or service that uses technology to assist 
individuals to access workforce development programs (such as job and 
training opportunities, labor market information, career assessment 
tools, and related support services).
    ``(c) In addition to subsection (b), the entities at the State and 
local levels that administer or deliver services under a program 
described in subsection (b) shall be responsible for the following:
            ``(1) Providing information and effective referral 
        assistance to covered persons regarding benefits and services 
that may be obtained through other entities or service providers.
            ``(2) Ensuring that each covered person who applies or is 
        assisted by a program referred to in subsection (b) is informed 
        of the employment-related rights, and benefits to which the 
        person is entitled under this section.
    ``(d) Each State or local council, board, or advisory body 
established in support of a program described in subsection (b) shall 
include adequate representation from the veterans' community, 
particularly from veterans' service organizations.
    ``(e) The Secretary of Labor, following review and comment by the 
Advisory Committee on Veterans Employment and Training, shall submit an 
annual report to the Committees on Veterans' Affairs of the Senate and 
House of Representatives which shall include the information necessary 
to (1) evaluate whether covered persons are receiving priority in 
services and are being fully served by programs described in subsection 
(b), and (2) that the levels of service of such programs are in 
proportion to the incidence of representation of veterans in the labor 
market, including within groups targeted by such programs, if any. The 
Secretary of Labor may promulgate such regulations and procedures as 
may be necessary to ensure that such reports are provided.
    ``(f) For the purposes of this section, a federally-funded (in 
whole or in part) work-force preparation, development, or delivery 
program includes (1) programs within the public employment service 
system, one-stop career centers, the Job Training Partnership Act, a 
demonstration or other temporary program, and those programs 
implemented by States or local service providers based on Federal block 
grants, and (2) workforce development programs targeted to specific 
groups.''.
    (b) Conforming Amendment.--The table of sections at the beginning 
of chapter 42 of such title is amended by inserting after the item 
relating to section 4214 the following new item:

``4215. Veterans' Employment and Training Bill of Rights.''.

SEC. 3. EMPLOYMENT OF VETERANS WITH RESPECT TO FEDERAL CONTRACTS.

    (a) In General.--Section 4212 of title 38, United States Code, is 
amended by striking out subsections (a) and (b) and inserting in lieu 
thereof the following:
    ``(a) For the purposes of this section--
            ``(1) the term `covered contract' means a contract in the 
        amount of $100,000 or more entered into by any department or 
        agency for the procurement of personal property and nonpersonal 
        services (including construction) for the United States 
        Government;
            ``(2) the term `covered grant' means a grant in the amount 
        of $100,000 or more made by any department or agency under 
        which the principal purpose is to transfer a thing of value to 
        the State or local government or other recipient to carry out a 
        public purpose of support or stimulation authorized by a law of 
        the United States instead of acquiring (by purchase, lease, or 
        barter) property or services for the direct benefit or use of 
        the United States Government; and
            ``(3) the term `qualified', with respect to an employment 
        position, means having the ability to perform the essential 
        tasks of the position, with reasonable accommodation.
    ``(b)(1) Any covered contract or grant shall contain a provision 
requiring that the party contracting with, or receiving a grant from, 
the United States shall take affirmative action to employ and advance 
in employment--
            ``(A) qualified disabled veterans,
            ``(B) qualified veterans who served on active duty in the 
        Armed Forces during a war, in a campaign or expedition for 
which a campaign badge has been authorized, and
            ``(C) qualified veterans who, while serving on active duty 
        in the Armed Forces, participated in a United States military 
        operation for which an Armed Forces service medal was awarded 
        pursuant to Executive Order 12985 (61 Fed. Reg. 1209).
    ``(2) The provisions of this section shall apply--
            ``(A) in the case of a covered contract, to any subcontract 
        entered into by a prime contractor; and
            ``(B) in the case of a covered grant, to any subgrantee.
    ``(3) In addition to requiring affirmative action to employ such 
veterans under such contracts and subcontracts and with respect to such 
grants and subgrants, and in order to promote the implementation of 
such requirement, the President shall implement the provisions of this 
section by promulgating regulations which shall require that--
            ``(A) each such contractor or grantee undertake in such 
        contract or grant agreement to list all of its employment 
        openings immediately with the appropriate local employment 
        service office, other appropriate service delivery points, or 
        America's Job Bank (or any additional or subsequent national 
        computerized job bank established by the Department of Labor), 
        except that the contractor or grantor may exclude openings for 
        positions which are to be filled from within the contractor's 
        or grantee's organization and positions lasting three days or 
        less; and
            ``(B) each such local office or other service delivery 
        point shall give such veterans priority in referral to such 
        employment openings.''.
    (b) Additional and Conforming Amendments.--Section 4212 of such 
title is amended--
            (1) in subsection (c)--
                    (A) by striking out ``filed pursuant to subsection 
                (b) of this section'' and inserting in lieu thereof 
                ``relating to this section filed pursuant to section 
                4216 of this title'';
                    (B) by striking out ``suitable''; and
                    (C) by striking out ``subsection (a)(2)'' and 
                inserting in lieu thereof ``subsection (a)(3)(B)''; and
            (2) in subsection (d)--
                    (A) by amending subparagraphs (A) and (B) of 
                paragraph (1) to read as follows:
            ``(A) the number of employees in the work force of such 
        contractor or grantee, by job category and hiring location, and 
        the number of such employees, by job category and hiring 
        location, who are veterans described in subsection (a); and
            ``(B) the total number of new employees hired by the 
        contractor during the period covered by the report and the 
        number of such employees who are veterans described in 
        subsection (a).''; and
                    (B) by inserting ``or grantee'' after 
                ``contractor''.
    (c) Effective Date.--The amendments made by this section shall 
apply with respect to contracts entered into and grants made on or 
after 60 days after the date of the enactment of this Act.

SEC. 4. EMPLOYMENT WITHIN THE FEDERAL GOVERNMENT.

    Section 4214 of title 38, United States Code, is amended--
            (1) by amending the second sentence of subsection (a) to 
        read as follows: ``The Federal Government is also continuously 
        concerned with building an effective, competent work force, and 
        veterans constitute a uniquely qualified recruiting source.'';
            (2) in subsection (b)(1), by striking out ``readjustment'' 
        and inserting in lieu thereof ``recruitment''; and
            (3) in subsection (g), by striking out ``qualified'' the 
        first place it occurs and all that follows through ``era'' and 
        inserting in lieu thereof ``those veterans described in 
        subparagraphs (A), (B), and (C) of section 4212(b)(1) of this 
        title''.

SEC. 5. ENFORCEMENT OF VETERANS' EMPLOYMENT RIGHTS AND BENEFITS.

    (a) In General.--Chapter 42 of title 38, United States Code, as 
amended by section 2, is further amended by adding at the end the 
following:
``Sec. 4216. Enforcement of veterans' employment rights and benefits
    ``(a) The Secretary of Labor (through the Assistant Secretary of 
Labor for Veterans' Employment and Training) shall provide assistance 
to any person or entity with respect to the requirements of sections 
4212 and 4215. In providing such assistance, the Secretary may request 
the assistance of existing Federal and State agencies engaged in 
similar or related activities and utilize the assistance of volunteers.
    ``(b)(1) An individual described in subparagraph (A), (B), or (C) 
of section 4212(b)(1) or in section 4215(a) of this title who believes 
that--
            ``(A) such individual is entitled to rights or benefits 
        under section 4212 (relating to United States Government 
        contracts and grants), or 4215 (relating to federally-funded 
        work-force programs and services), respectively, and
            ``(B) an entity with obligations under either of such 
        sections has failed to comply or refuses to comply with the 
        provisions of such sections,
may file a complaint with the Secretary of Labor.
    ``(2) Such complaint shall be in writing, be in such form as the 
Secretary may prescribe, include the name and address of the party 
against whom the complaint is filed, and contain a summary of the 
allegations that form the basis for the complaint.
    ``(3) A complaint may only be filed under paragraph (1) within 90 
days after the date of the failure or refusal described in subsection 
(b).
    ``(c) The Secretary of Labor shall promptly investigate the 
complaint. If the Secretary of Labor determines as a result of the 
investigation that the action alleged in such complaint occurred, the 
Secretary shall attempt to resolve the complaint by making reasonable 
efforts to ensure that the party named in the complaint complies with 
the provisions of section 4212 or 4215, as appropriate. If, within 90 
days after the date on which such complaint is filed, the efforts to 
resolve the complaint are unsuccessful, the Secretary of Labor shall 
notify the individual who submitted the complaint of--
            ``(1) the results of the investigation; and
            ``(2) the individual's rights.
    ``(d)(1) An individual who receives from the Secretary a 
notification under subsection (c) relating to a complaint may request 
that the Secretary refer the complaint to the Attorney General of the 
United States. 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 appear on behalf 
of, and act as attorney for, the person on whose behalf the complaint 
is submitted and commence an action for appropriate relief for such 
person in an appropriate United States district court.
    ``(2) An individual may commence an action for relief with respect 
to a complaint if that individual--
            ``(A) has chosen not to file a complaint under subsection 
        (b);
            ``(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.
    ``(e)(1)(A) The district courts of the United States shall have 
jurisdiction, upon the filing of a complaint, motion, petition, or 
other appropriate pleading by or on behalf of the person claiming a 
right or benefit pursuant to this section--
            ``(i) to require an entity to comply with the provisions of 
        section 4212 or 4215, as appropriate, of this title;
            ``(ii) to require the entity to compensate the individual 
        for any loss of wages or benefits suffered by reason of such 
        entity's failure to comply with the provisions of such section; 
        and
            ``(iii) to require the entity to pay the individual an 
        amount equal to the amount referred to in clause (ii) as 
        liquidated damages, if the court determines that the entity's 
        failure to comply with the provisions of such section was 
        willful.
    ``(B) Any compensation under clauses (ii) and (iii) of subparagraph 
(A) shall be in addition to, and shall not diminish, any of the other 
rights and benefits provided for in such sections.
    ``(2) In any action or proceeding to enforce a provision of section 
4212 or 4215 of this title by an individual under subsection (d)(2) who 
obtained private counsel for such action or proceeding, the court may 
award any such individual who prevails in such action or proceeding 
reasonable attorney fees, expert witness fees, and other litigation 
expenses.
    ``(3) The court may use its full equity powers, including temporary 
or permanent injunctions, temporary restraining orders, and contempt 
orders, to vindicate fully the rights or benefits of individuals 
pursuant to this section.
    ``(4) An action under this section may be initiated only by an 
individual claiming rights or benefits under section 4212 or 4215 of 
this title, not by any other entity with obligations under such 
sections.
    ``(5) In any such action, only an entity with obligations under 
section 4212 or 4215, as the case may be, shall be a necessary party 
respondent.
    ``(6) No State statute of limitations shall apply to any proceeding 
pursuant to this section.
    ``(7) The United States and a State shall be subject to the same 
remedies, including prejudgment interest, as may be imposed upon any 
private entity under this section.''.
    (b) Conforming Amendment.--The table of sections at the beginning 
of chapter 42 of such title, as amended by section 2, is further 
amended by inserting after the item relating to section 4215 the 
following new item:

``4216. Enforcement of veterans' employment rights and benefits.''.
    (c) Effective Date.--The amendments made by this section shall 
apply with respect to complaints filed on or after 60 days after the 
date of the enactment of this Act.

SEC. 6. ADDITIONAL PERSONNEL.

    The Secretary of Labor is authorized to allocate an additional 10 
full-time equivalent positions from the Employment and Training 
Administration to the Veterans' Employment and Training Service to 
carry out chapters 41 and 42 of title 38, United States Code, as 
amended by this Act.
                                 <all>