I
106TH CONGRESS
1ST SESSION
H. R. 364
To amend title 38, United States Code, to provide for a Veterans’ Employ-
ment 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 Representa-
tives 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 ASSIST-
ANCE.
(a) IN GENERAL.—Chapter 42 of title 38, United
States Code, is amended by adding at the end the follow-
ing new section:
‘‘§ 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 oth-
erwise 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 serv-
ices 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 ap-
plies to or who is assisted by such a program is in-
formed of the employment-related rights and bene-
fits to which the person is entitled under this sec-
tion.
‘‘(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 organiza-
tions.
‘‘(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 prior-
ity of services and are being fully served by qualified em-
ployment 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, includ-
ing 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-con-
nected disability.
‘‘(B) A veteran who served on active duty
in the Armed Forces during a war, in a cam-
paign 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) cap-
tured 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 dis-
ability permanent in nature resulting from
a service-connected disability.
‘‘(iv) A veteran who died while a dis-
ability so evaluated was in existence.
‘‘(2) The term ‘qualified employment training
program’ means any work force preparation, devel-
opment, or delivery program or service that is feder-
ally funded, in whole or in part, and includes the fol-
lowing:
‘‘(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 infor-
mation, 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 pro-
gram, and those programs implemented by
States or local service providers based on Fed-
eral 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 cov-
ered veterans. This section applies to any subcontract en-
tered 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 con-
tracts and subcontracts and in order to promote the imple-
mentation 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 estab-
lished by the Department of Labor), except that the
contractor may exclude openings for positions which
are to be filled from within the contractor’s organi-
zation and positions lasting three days or less; and
‘‘(B) each such local office or other service de-
livery 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 cam-
paign 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 pur-
suant 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 rea-
sonable 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 sub-
section (b) of this section’’ and inserting ‘‘relat-
ing 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 loca-
tion, and the number of such employees, by job cat-
egory 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 in-
serting ‘‘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 GOVERN-
MENT.
(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 ‘‘readjust-
ment’’ and inserting ‘‘recruitment’’.
(2) Section 4214(g) of such title is amended by strik-
ing ‘‘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:
‘‘§ 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 pro-
vide 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 volun-
teers.
‘‘(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 bene-
fits under section 4212 or 4215; and
‘‘(B) an entity with obligations under either of
such sections has failed to comply or refuses to com-
ply 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 com-
plaint 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 Sec-
retary 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 oc-
curred, the Secretary shall attempt to resolve the com-
plaint 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 indi-
vidual 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 at-
torney for, the person on whose behalf the complaint is
submitted and commence an action for relief for such per-
son 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 Sec-
retary of Labor 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) REMEDIES.—(1) In any action under this sec-
tion, the court may award relief as follows:
‘‘(A) The court may require the entity to com-
ply with the provisions of section 4212 or 4215 of
this title, as appropriate.
‘‘(B) The court may require the entity to com-
pensate the individual for any loss of wages or bene-
fits 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 re-
ferred 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 sec-
tion.
‘‘(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 injunc-
tions, temporary restraining orders, and contempt orders,
to vindicate fully the rights or benefits of individuals pur-
suant to this section.
‘‘(h) STANDING.—An action under this section may
be initiated only by an individual claiming rights or bene-
fits 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 en-
tity with obligations under section 4212 or 4215, as the
case may be, shall be a necessary party respondent.
‘‘(j) INAPPLICABILITY OF STATE STATUTE OF LIMI-
TATIONS.—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 Em-
ployment 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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