[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H.R. 364 Introduced in House (IH)]







106th CONGRESS
  1st Session
                                H. R. 364

   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

                            January 19, 1999

  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 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' Employment and Training 
Bill of Rights Act of 1999''.

SEC. 2. VETERANS' EMPLOYMENT AND TRAINING ASSISTANCE.

    (a) In General.--Chapter 42 of title 38, United States Code, is 
amended by adding at the end the following new section:
``Sec. 4215. Veterans' Employment and Training Bill of Rights
    ``(a) Entitlement to Priority of Services.--A covered person is 
entitled to priority of services under any qualified employment 
training program if the person otherwise meets the eligibility 
requirements for participation in such program.
    ``(b) Administration of Programs at State and Local Levels.--(1) An 
entity of a State or a political subdivision of the State that 
administers or delivers services under a qualified employment training 
program shall--
            ``(A) provide information and effective referral assistance 
        to covered persons regarding benefits and services that may be 
        obtained through other entities or service providers; and
            ``(B) ensure that each covered person who applies to or who 
        is assisted by such a program is informed of the employment-
        related rights and benefits to which the person is entitled 
        under this section.
    ``(2) Each council, board, or advisory body of a State or a 
political subdivision of the State that is established in support of a 
qualified employment training program shall include adequate 
representation from the veterans community, particularly from veterans 
service organizations.
    ``(c) Annual Report.--By not later than December 31, 2000, and each 
December 31 thereafter, the Secretary of Labor, following review and 
comment by the Advisory Committee on Veterans Employment and Training, 
shall submit to the Committees on Veterans' Affairs of the House of 
Representatives and Senate a report. The report shall evaluate whether 
covered persons are receiving priority of services and are being fully 
served by qualified employment training programs, and whether 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.
    ``(d) Definitions.--As used in this section:
            ``(1) The term `covered person' means any of the following 
        individuals:
                    ``(A) A veteran who has a service-connected 
                disability.
                    ``(B) 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.
                    ``(C) The spouse of any of the following persons:
                            ``(i) Any person who died of a service-
                        connected disability.
                            ``(ii) 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.
                            ``(iii) Any person who has a total 
                        disability permanent in nature resulting from a 
                        service-connected disability.
                            ``(iv) A veteran who died while a 
                        disability so evaluated was in existence.
            ``(2) The term `qualified employment training program' 
        means any work force preparation, development, or delivery 
        program or service that is federally funded, in whole or in 
        part, and includes the following:
                    ``(A) Any such program or service that uses 
                technology to assist individuals to access work force 
                development programs (such as job and training 
                opportunities, labor market information, career 
                assessment tools, and related support services).
                    ``(B) Any such program or service under the public 
                employment service system, one-stop career centers, the 
                Workforce Investment Act of 1998, a demonstration or 
                other temporary program, and those programs implemented 
                by States or local service providers based on Federal 
                block grants.
                    ``(C) Any such program or service that is a work 
                force development program targeted to specific 
                groups.''.
    (b) Clerical 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(a) of title 38, United States Code, 
is amended to read as follows:
    ``(a)(1) Any contract in the amount of $25,000 or more entered into 
by any department or agency of the United States for the procurement of 
personal property and nonpersonal services (including construction) for 
the United States, shall contain a provision requiring that the party 
contracting with the United States take affirmative action to employ 
and advance in employment qualified covered veterans. This section 
applies to any subcontract entered into by a prime contractor in 
carrying out any such contract.
    ``(2) In addition to requiring affirmative action to employ such 
qualified covered veterans under such contracts and subcontracts and in 
order to promote the implementation of such requirement, the Secretary 
of Labor shall prescribe regulations requiring that--
            ``(A) each such contractor undertake in each such contract 
        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 may exclude openings for positions which are to be 
        filled from within the contractor's organization and positions 
        lasting three days or less; and
            ``(B) each such local office or other service delivery 
        point shall give such qualified covered veterans priority in 
        referral to such employment openings.
    ``(3) As used in this section:
            ``(A) The term `covered veteran' means any of the following 
        veterans:
                    ``(i) Disabled veterans.
                    ``(ii) Veterans who served on active duty in the 
                Armed Forces during a war or in a campaign or 
                expedition for which a campaign badge has been 
                authorized.
                    ``(iii) 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).
            ``(B) 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) Conforming and Technical Amendments.--Section 4212 of such 
title is amended--
            (1) by striking subsection (b) and redesignating 
        subsections (c) and (d) as subsections (b) and (c), 
        respectively;
            (2) in subsection (b), as so redesignated--
                    (A) by striking ``filed pursuant to subsection (b) 
                of this section'' and inserting ``relating to this 
                section filed pursuant to section 4216 of this title'';
                    (B) by striking ``suitable''; and
                    (C) by striking ``subsection (a)(2) of this 
                section'' and inserting ``subsection (a)(2)(B)''; and
            (3)(A) in paragraph (1) of subsection (c), as so 
        redesignated--
                    (i) in the matter preceding subparagraph (A), by 
                striking ``subsection (a) of this section'' and 
                inserting ``subsection (a)''; and
                    (ii) by amending subparagraphs (A) and (B) to read 
                as follows:
            ``(A) the number of employees in the work force of such 
        contractor, by job category and hiring location, and the number 
        of such employees, by job category and hiring location, who are 
        qualified covered veterans; 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 qualified covered veterans.''; 
        and
            (B) in paragraph (2) of such subsection, by striking 
        ``paragraph (1) of this subsection'' and inserting ``paragraph 
        (1)''.
    (c) Effective Date.--The amendments made by this section shall 
apply with respect to contracts entered into on or after the date that 
is 60 days after the date of the enactment of this Act.

SEC. 4. EMPLOYMENT WITHIN THE FEDERAL GOVERNMENT.

    (a) In General.--The second sentence of section 4214(a) of title 
38, United States Code, is amended--
            (1) by inserting ``, competent'' after ``effective''; and
            (2) by striking ``major'' and inserting ``uniquely 
        qualified''.
    (b) Technical Amendments.--(1) Section 4214(b)(1) of such title is 
amended by striking ``readjustment'' and inserting ``recruitment''.
    (2) Section 4214(g) of such title is amended by striking 
``qualified'' the first place it occurs and all that follows through 
``era'' and inserting ``qualified covered veterans (as described in 
section 4212(a) 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 new section:
``Sec. 4216. Enforcement of veterans' employment rights and benefits
    ``(a) Assistance of Secretary of Labor.--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 (relating to United States 
contracts) and 4215 (relating to federally funded work force programs 
and services) of this title. 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) Complaint.--(1) An individual described in section 4212(a) or 
in section 4215(a) of this title may file a complaint with the 
Secretary of Labor if the individual believes that--
            ``(A) the individual is entitled to rights or benefits 
        under section 4212 or 4215; 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.
    ``(2) Such complaint shall be in writing, be in such form as the 
Secretary of Labor 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 a failure or refusal described in paragraph 
(1)(B).
    ``(c) Investigation of Complaint.--(1) 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.
    ``(2) If, within 90 days after the date on which the complaint is 
filed, the efforts to resolve the complaint are unsuccessful, the 
Secretary of Labor shall notify the individual who submitted the 
complaint of--
            ``(A) the results of the investigation; and
            ``(B) the individual's rights.
    ``(d) Action for Relief.--(1) An individual who receives from the 
Secretary of Labor 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 
relief for such person in any 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 of Labor 
        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) Remedies.--(1) In any action under this section, the court 
may award relief as follows:
            ``(A) The court may require the entity to comply with the 
        provisions of section 4212 or 4215 of this title, as 
        appropriate.
            ``(B) The court may 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 such provisions.
            ``(C) The court may 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.
    ``(2) Any compensation under subparagraph (B) or (C) of paragraph 
(1) shall be in addition to, and shall not diminish, any of the other 
rights and benefits provided for in such section.
    ``(3) 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.
    ``(f) Fees.--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.
    ``(g) Equity Powers.--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.
    ``(h) Standing.--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 
section.
    ``(i) Respondent.--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.
    ``(j) Inapplicability of State Statute of Limitations.--No State 
statute of limitations shall apply to any proceeding pursuant to this 
section.''.
    (b) Clerical 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 the date that is 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 chapter 42 of title 38, United States Code, as amended by 
this Act.
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