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Q: 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.
A:
Veterans' Employment and Training Bill of Rights Act of 1999 - Entitles the following covered persons to priority of services under any qualified employment training program if the person otherwise meets program eligibility requirements: (1) veterans who have a service-connected disability or who served on active duty in a campaign or expedition for which a campaign badge has been authorized; (2) the spouse of any person who died of a service-connected disability or who has a permanent total disability resulting from a service-connected disability; (3) the spouse of any member serving on active duty who is listed for more than 90 days as missing in action, captured in the line of duty by a hostile force, or forcibly detained or interned by a foreign government or power; and (4) the spouse of a veteran who died while a permanent service-connected disability was in existence. Requires State and local entities that administer such programs to inform individuals of the availability of such services.
(Sec. 3) Requires Federal contracts of $25,000 or more for the procurement of personal property and non-personal services to contain a provision under which the party receiving the contract agrees to take affirmative action to employ and advance qualified veterans who: (1) are disabled; (2) served on active duty during a war or in a campaign or expedition for which a campaign badge has been authorized; or (3) while serving on active duty, participated in a U.S. military operation for which an armed forces service medal was awarded.
(Sec. 4) Requires veterans qualifying under this Act to be given appropriate recruitment (currently, readjustment) appointments within the Federal Government.
(Sec. 5) Directs the Secretary of Labor to provide specified veterans' employment rights and benefits assistance to veterans qualifying under this Act. Provides for the filing, investigation, and determination of claims, by qualifying individuals, that an entity has failed to comply with hiring requirements of this Act.
(Sec. 6) Authorizes the Secretary to allocate an additional ten full-time equivalent positions from the Employment and Training Administration of the Department of Labor to the Veterans' Employment and Training Service to carry out work training and employment services for qualifying individuals.