On May 8, 2019 I was asked by Andy Flick, Chief of Staff for Representative David Trone (MD-6), to send him questions that he could forward to the to the Congressional Research Service (CRS) regarding HCPA and VEVRAA . Answers to these questions will help illuminate the history of these laws and their effect on soldiers and veterans. As of October 2020, nobody at Trone’s office has made good on multiple, written promises to forward me responses from the CRS.

- Logan M. Isaac

HCPA Questions

• Besides US v. MCNeil in 2017, has any person been criminally prosecuted under 18 USC § 1389?

• Have there been any criminal complaints or reports of criminal activity under 18 USC § 1389, and from where would that data originate?

• What executive branch is responsible for enforcing 18 USC § 1389, and is it required to provide alleged victims reasonable means to report criminal acts under said statute?

• What is the legal definition of “discharge” under 18 USC § 1389(c)(3)(B)? Does the statute of limitations for reporting a crime under the statute begin at:

  • a) the completion of service as defined by 10 USC § 101(d), 38 USC § 101(2) & (18)[*see below], or...

  • b) the completion of the “initial period” of service as defined by 10 USC § 651(commonly called a “Military Service Obligation,” or MSO)?

• Would servicemembers and their immediate family be excluded from 18 USC § 1389 if service is characterized as “dishonorable” and if so, does the five year limit kick in if the character of discharge is later upgraded?

• Have there been any Congressional attempts since 2010 to realize the intent of the bill, of putting "members of the U.S. military on equal footing with other protected classes”? If not, how would Congress go about doing so?

• Where would Congress go to find statistics on criminal activity under 18 USC § 1389; Does the requirement to track hate crimes data by Division E of Public Law 111-84 carry over from § 4708 to § 4712?

VEVRAA Questions

• Please provide a summary and analysis of the legislative and judicial history of VEVRAA, from October 24, 1972 (§503 of Public Law 92-540) to the present.

• Please provide a summary and analysis of complaints under VEVRAA, from December 3, 1974 (§605 of Public Law 94-502) to the present.

• Please provide a detailed summary and analysis of enforcement measures taken against any contractor in violation of 38 USC § 4212 since March 24, 2014 (the effective date of the most recent amendment).

• Has any executive agency ever been sued in federal court by a "protected veteran” using 38 USC § 4212 as a basis? If so, what was the outcome?

• 38 USC § 4212(c) requires that DoL annually disclose "the number of [VEVRAA] complaints filed... the actions taken thereon and the resolutions” to HVAC & SVAC. Where can Members find this information, does it preserve identifiable contractor information, and is complaint information confidential (or is it releasable to constituents)?

• In general, are data about complaints made under 38 USC § 4212 privileged in any way by § 4212(c) and § 4107(c), or does the public have a right to information about complaints made against federal contractors?

• 38 USC § 4212(d)(3) requires the DoL publicly disclose information reported by contractors on the VETS-4212 form; where can the public find this information, and does it preserve identifiable contractor information?

• Does any federal statute or regulation prohibitthe Department of Labor from inviting federal contractors to collect and report employment data for veterans not protected by 38 USC § 4212?