I 

111TH CONGRESS 

1ST SESSION H. R. 1089 

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

through the Office of Special Counsel of the employment and unemployment rights of veterans and members of the Armed Forces employed 

by Federal executive agencies, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

FEBRUARY 13, 2009 

Ms. HERSETH SANDLIN 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 the 

enforcement through the Office of Special Counsel of 

the employment and unemployment 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, 

3 SECTION 1. SHORT TITLE. 

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

5 Rights Realignment Act of 2009’’. 


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1 SEC. 2. ENFORCEMENT THROUGH OFFICE OF SPECIAL 

2 COUNSEL OF VETERANS’ EMPLOYMENT OR 

3 UNEMPLOYMENT RIGHTS WITH RESPECT TO 

4 EMPLOYERS THAT ARE FEDERAL EXECUTIVE 

5 AGENCIES. 

6 (a) ENFORCEMENT OF RIGHTS THROUGH OFFICE OF

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

8 States Code, is amended— 

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

10 following new subsection (a): 

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

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

13 shall investigate such complaint. 

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

15 person who claims that— 

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

17 to employment or reemployment rights or benefits 

18 with respect to employment by an employer other 

19 than an employer that is a Federal executive agency; 

20 and 

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

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

23 of this chapter. 

24 ‘‘(2)(A) A person described in subparagraph (B) may 

25 file a complaint with the Special Counsel established by 

26 section 1211 of title 5. 


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

2 person who claims that— 

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

4 to employment or reemployment rights or benefits 

5 with respect to employment by an employer that is 

6 a Federal executive agency; and 

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

8 is about to fail or refuse, to comply with the provi9 sions of this chapter; or 

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

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

12 or refuse, to comply with the provisions of this chap13 ter.’’; 

14 (2) by striking subsections (d) and (e) and in15 serting the following new subsections (d) and (e): 

16 ‘‘(d)(1) The Secretary shall investigate each com17 plaint submitted pursuant to subsection (a)(1). If the Sec18 retary determines as a result of the investigation that the 

19 action alleged in such complaint occurred, the Secretary 

20 shall attempt to resolve the complaint by making reason21 able efforts to ensure that the person or entity named in 

22 the complaint complies with the provisions of this chapter. 

23 ‘‘(2) If the efforts of the Secretary with respect to 

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


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1 the complaint, the Secretary shall notify the person who 

2 submitted the complaint of— 

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

4 and 

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

6 under the enforcement of rights provisions provided 

7 under section 4323. 

8 ‘‘(e)(1) In the case of a complaint filed under sub9 section (a)(2), the Special Counsel shall investigate the 

10 complaint. If the Special Counsel determines as a result 

11 of the investigation that the action alleged in such com12 plaint occurred, the Special Counsel shall attempt to re13 solve the complaint by making reasonable efforts to ensure 

14 that the person or entity named in the complaint complies 

15 with the provisions of this chapter. 

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

17 to any complaint filed under subsection (a)(2) do not re18 solve the complaint, the Special Counsel shall notify the 

19 person who submitted the complaint of— 

20 ‘‘(A) the results of the investigation by the Special 

21 Counsel; and 

22 ‘‘(B) the complainant’s entitlement to proceed under 

23 the enforcement of rights provisions provided under sec24 tion 4324.’’. 


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1 (b) TECHNICAL AND CONFORMING AMENDMENTS.— 

2 Such title is further amended— 

3 (1) in section 4322(b), by striking ‘‘Such a 

4 complaint’’ and inserting ‘‘Each complaint filed 

5 under subsection (a)’’; 

6 (2) in section 4323(a)— 

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

8 4322(e)’’ and inserting ‘‘section 4322(d)(2)’’; 

9 and 

10 (B) in paragraph (2)(A), by striking ‘‘sec11 tion 4322(a)’’ and inserting ‘‘section 

12 4322(a)(1)’’. 

13 (3) in section 4324— 

14 (A) in subsection (a)(1)— 

15 (i) in the first sentence, by striking 

16 ‘‘Secretary’’ each place it appears and in17 serting ‘‘Special Counsel’’; 

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

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

20 (iii) by striking the second sentence; 

21 and 

22 (B) in subsection (b)— 

23 (i) in paragraph (1)— 

24 (I) by striking ‘‘Secretary’’ and 

25 inserting ‘‘Special Counsel’’; and 


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1 (II) by striking ‘‘section 

2 4322(a)’’ and inserting ‘‘section 

3 4322(a)(2) of this title’’; and 

4 (ii) in paragraph (2)— 

5 (I) by striking ‘‘Secretary’’ and 

6 inserting ‘‘Special Counsel’’; and 

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

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

9 this title’’; and 

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

11 4322(d)’’ and inserting ‘‘section 4322(d)(1)’’. 

12 (c) CONFORMING REPEAL.—The Veterans Benefits 

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

14 amended by striking section 204. 

15 (d) EFFECTIVE DATE.—The amendments made by 

16 this section shall apply with respect to complaints filed 

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

Æ 


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