‘‘(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 Sec-
retary refer the complaint to the Attorney General
under paragraph (1); or
‘‘(C) has been refused representation by the At-
torney 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, mo-
tion, petition, or other appropriate pleading by or on be-
half of the person claiming a right or benefit pursuant
to this section—
‘‘(i) to require an entity to comply with the pro-
visions of section 4212 or 4215, as appropriate, of
this title;
‘‘(ii) to require the entity to compensate the in-
dividual 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 provi-
sions 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 provi-
sion 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 rea-
sonable attorney fees, expert witness fees, and other litiga-
tion expenses.
‘‘(3) The court may use its full equity powers, includ-
ing temporary or permanent injunctions, temporary re-
straining orders, and contempt orders, to vindicate fully
the rights or benefits of individuals pursuant to this sec-
tion.
‘‘(4) An action under this section may be initiated
only by an individual claiming rights or benefits under sec-
tion 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 obliga-
tions 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 sec-
tion.’’.
(b) CONFORMING AMENDMENT.—The table of sec-
tions 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 Em-
ployment 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.
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