111TH CONGRESS 

1ST SESSION H. R. 1089 

AN ACT 

To amend title 38, United States Code, to provide for the 

enforcement through the Office of Special Counsel of 

the employment and reemployment rights of veterans 

and members of the Armed Forces employed by Federal 

executive agencies, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 
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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Veterans Employment 

3 Rights Realignment Act of 2009’’. 

4 SEC. 2. ENFORCEMENT THROUGH OFFICE OF SPECIAL 

5 COUNSEL OF VETERANS’ EMPLOYMENT OR 

6 REEMPLOYMENT RIGHTS WITH RESPECT TO 

7 EMPLOYERS THAT ARE FEDERAL EXECUTIVE 

8 AGENCIES. 

9 (a) ENFORCEMENT OF RIGHTS THROUGH OFFICE OF

10 SPECIAL COUNSEL.—Section 4322 of title 38, United 

11 States Code, is amended— 

12 (1) by striking subsection (a) and inserting the 

13 following new subsection (a): 

14 ‘‘(a)(1)(A) A person described in subparagraph (B) 

15 may file a complaint with the Secretary, and the Secretary 

16 shall investigate such complaint. 

17 ‘‘(B) A person described in this subparagraph is a 

18 person who claims that— 

19 ‘‘(i) such person is entitled under this chapter 

20 to employment or reemployment rights or benefits 

21 with respect to employment by an employer other 

22 than an employer that is a Federal executive agency; 

23 and 

24 ‘‘(ii) such employer has failed or refused, or is 

25 about to fail or refuse, to comply with the provisions 

26 of this chapter. 
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1 ‘‘(2)(A) A person described in subparagraph (B) may 

2 file a complaint with the Special Counsel established by 

3 section 1211 of title 5. 

4 ‘‘(B) A person described in this subparagraph is a 

5 person who claims that— 

6 ‘‘(i) such person is entitled under this chapter 

7 to employment or reemployment rights or benefits 

8 with respect to employment by an employer that is 

9 a Federal executive agency; and 

10 ‘‘(ii)(I) such employer has failed or refused, or 

11 is about to fail or refuse, to comply with the provi12 sions of this chapter; or 

13 ‘‘(II) such employer or the Office of Personnel 

14 Management has failed or refused, or is about to fail 

15 or refuse, to comply with the provisions of this chap16 ter.’’; 

17 (2) by striking subsections (d) and (e) and in18 serting the following new subsections (d) and (e): 

19 ‘‘(d)(1) The Secretary shall investigate each com20 plaint submitted pursuant to subsection (a)(1). If the Sec21 retary determines as a result of the investigation that the 

22 action alleged in such complaint occurred, the Secretary 

23 shall attempt to resolve the complaint by making reason24 able efforts to ensure that the person or entity named in 

25 the complaint complies with the provisions of this chapter. 
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1 ‘‘(2) If the efforts of the Secretary with respect to 

2 any complaint filed under subsection (a)(1) do not resolve 

3 the complaint, the Secretary shall notify the person who 

4 submitted the complaint of— 

5 ‘‘(A) the results of the Secretary’s investigation; 

6 and 

7 ‘‘(B) the complainant’s entitlement to proceed 

8 under the enforcement of rights provisions provided 

9 under section 4323. 

10 ‘‘(e)(1) In the case of a complaint filed under sub11 section (a)(2), the Special Counsel shall investigate the 

12 complaint. If the Special Counsel determines as a result 

13 of the investigation that the action alleged in such com14 plaint occurred, the Special Counsel shall attempt to re15 solve the complaint by making reasonable efforts to ensure 

16 that the person or entity named in the complaint complies 

17 with the provisions of this chapter. 

18 ‘‘(2) If the efforts of the Special Counsel with respect 

19 to any complaint filed under subsection (a)(2) do not re20 solve the complaint, the Special Counsel shall notify the 

21 person who submitted the complaint of— 

22 ‘‘(A) the results of the investigation by the Spe23 cial Counsel; and 
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1 ‘‘(B) the complainant’s entitlement to proceed 

2 under the enforcement of rights provisions provided 

3 under section 4324.’’. 

4 (b) TECHNICAL AND CONFORMING AMENDMENTS.— 

5 Such title is further amended— 

6 (1) in section 4322(b), by striking ‘‘Such com7 plaint’’ and inserting ‘‘Each complaint filed under 

8 subsection (a)’’; 

9 (2) in section 4323(a)— 

10 (A) in paragraph (1), by striking ‘‘section 

11 4322(e)’’ and inserting ‘‘section 4322(d)(2)’’; 

12 and 

13 (B) in paragraph (3)(A), by striking ‘‘sec14 tion 4322(a)’’ and inserting ‘‘section 

15 4322(a)(1)’’; 

16 (3) in section 4324— 

17 (A) in subsection (a)(1)— 

18 (i) in the first sentence, by striking 

19 ‘‘Secretary’’ each place it appears and in20 serting ‘‘Special Counsel’’; 

21 (ii) by striking ‘‘section 4322(e)’’ and 

22 inserting ‘‘section 4322(e)(2)’’; and 

23 (iii) by striking the second sentence; 

24 and 

25 (B) in subsection (b)— 
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1 (i) in paragraph (1)— 

2 (I) by striking ‘‘Secretary’’ and 

3 inserting ‘‘Special Counsel’’; and 

4 (II) by striking ‘‘section 

5 4322(a)’’ and inserting ‘‘section 

6 4322(a)(2) of this title’’; and 

7 (ii) in paragraph (2)— 

8 (I) by striking ‘‘Secretary’’ and 

9 inserting ‘‘Special Counsel’’; and 

10 (II) by striking ‘‘section 4322(e)’’ 

11 and inserting ‘‘section 4322(e)(2) of 

12 this title’’; 

13 (4) in section 4325(c), by striking ‘‘section 

14 4322(d)’’ and inserting ‘‘section 4322(d)(1)’’; and 

15 (5) in section 4326— 

16 (A) in subsection (a), by inserting ‘‘or the 

17 Special Counsel’s’’ after ‘‘Secretary’s’’; and 

18 (B) by striking ‘‘Secretary’’ each place it 

19 appears and inserting ‘‘Secretary or the Special 

20 Counsel’’. 

21 (c) CONFORMING REPEAL.—The Veterans Benefits 

22 Improvement Act of 2004 (Public Law 108–454) is 

23 amended by striking section 204. 
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1 (d) EFFECTIVE DATE.—The amendments made by 

2 this section shall apply with respect to complaints filed 

3 on or after the date of the enactment of this Act. 

Passed the House of Representatives May 19, 2009. 

Attest: 

Clerk. 
111TH CONGRESS 

1ST SESSION H. R. 1089 

AN ACT 

To amend title 38, United States Code, to provide 

and for other purposes. Forces employed by Federal executive agencies, rights of veterans and members of the Armed Counsel of the employment and reemployment for the enforcement through the Office of Special