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[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1089 Engrossed in House (EH)]

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.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Veterans Employment Rights 
Realignment Act of 2009''.

SEC. 2. ENFORCEMENT THROUGH OFFICE OF SPECIAL COUNSEL OF VETERANS' 
              EMPLOYMENT OR REEMPLOYMENT RIGHTS WITH RESPECT TO 
              EMPLOYERS THAT ARE FEDERAL EXECUTIVE AGENCIES.

    (a) Enforcement of Rights Through Office of Special Counsel.--
Section 4322 of title 38, United States Code, is amended--
            (1) by striking subsection (a) and inserting the following 
        new subsection (a):
    ``(a)(1)(A) A person described in subparagraph (B) may file a 
complaint with the Secretary, and the Secretary shall investigate such 
complaint.
    ``(B) A person described in this subparagraph is a person who 
claims that--
            ``(i) such person is entitled under this chapter to 
        employment or reemployment rights or benefits with respect to 
        employment by an employer other than an employer that is a 
        Federal executive agency; and
            ``(ii) such employer has failed or refused, or is about to 
        fail or refuse, to comply with the provisions of this chapter.
    ``(2)(A) A person described in subparagraph (B) may file a 
complaint with the Special Counsel established by section 1211 of title 
5.
    ``(B) A person described in this subparagraph is a person who 
claims that--
            ``(i) such person is entitled under this chapter to 
        employment or reemployment rights or benefits with respect to 
        employment by an employer that is a Federal executive agency; 
        and
            ``(ii)(I) such employer has failed or refused, or is about 
        to fail or refuse, to comply with the provisions of this 
        chapter; or
            ``(II) such employer or the Office of Personnel Management 
        has failed or refused, or is about to fail or refuse, to comply 
        with the provisions of this chapter.'';
            (2) by striking subsections (d) and (e) and inserting the 
        following new subsections (d) and (e):
    ``(d)(1) The Secretary shall investigate each complaint submitted 
pursuant to subsection (a)(1). If the Secretary 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 person or entity named in 
the complaint complies with the provisions of this chapter.
    ``(2) If the efforts of the Secretary with respect to any complaint 
filed under subsection (a)(1) do not resolve the complaint, the 
Secretary shall notify the person who submitted the complaint of--
            ``(A) the results of the Secretary's investigation; and
            ``(B) the complainant's entitlement to proceed under the 
        enforcement of rights provisions provided under section 4323.
    ``(e)(1) In the case of a complaint filed under subsection (a)(2), 
the Special Counsel shall investigate the complaint. If the Special 
Counsel determines as a result of the investigation that the action 
alleged in such complaint occurred, the Special Counsel shall attempt 
to resolve the complaint by making reasonable efforts to ensure that 
the person or entity named in the complaint complies with the 
provisions of this chapter.
    ``(2) If the efforts of the Special Counsel with respect to any 
complaint filed under subsection (a)(2) do not resolve the complaint, 
the Special Counsel shall notify the person who submitted the complaint 
of--
            ``(A) the results of the investigation by the Special 
        Counsel; and
            ``(B) the complainant's entitlement to proceed under the 
        enforcement of rights provisions provided under section 
        4324.''.
    (b) Technical and Conforming Amendments.--Such title is further 
amended--
            (1) in section 4322(b), by striking ``Such complaint'' and 
        inserting ``Each complaint filed under subsection (a)'';
            (2) in section 4323(a)--
                    (A) in paragraph (1), by striking ``section 
                4322(e)'' and inserting ``section 4322(d)(2)''; and
                    (B) in paragraph (3)(A), by striking ``section 
                4322(a)'' and inserting ``section 4322(a)(1)'';
            (3) in section 4324--
                    (A) in subsection (a)(1)--
                            (i) in the first sentence, by striking 
                        ``Secretary'' each place it appears and 
                        inserting ``Special Counsel'';
                            (ii) by striking ``section 4322(e)'' and 
                        inserting ``section 4322(e)(2)''; and
                            (iii) by striking the second sentence; and
                    (B) in subsection (b)--
                            (i) in paragraph (1)--
                                    (I) by striking ``Secretary'' and 
                                inserting ``Special Counsel''; and
                                    (II) by striking ``section 
                                4322(a)'' and inserting ``section 
                                4322(a)(2) of this title''; and
                            (ii) in paragraph (2)--
                                    (I) by striking ``Secretary'' and 
                                inserting ``Special Counsel''; and
                                    (II) by striking ``section 
                                4322(e)'' and inserting ``section 
                                4322(e)(2) of this title'';
            (4) in section 4325(c), by striking ``section 4322(d)'' and 
        inserting ``section 4322(d)(1)''; and
            (5) in section 4326--
                    (A) in subsection (a), by inserting ``or the 
                Special Counsel's'' after ``Secretary's''; and
                    (B) by striking ``Secretary'' each place it appears 
                and inserting ``Secretary or the Special Counsel''.
    (c) Conforming Repeal.--The Veterans Benefits Improvement Act of 
2004 (Public Law 108-454) is amended by striking section 204.
    (d) Effective Date.--The amendments made by this section shall 
apply with respect to complaints filed 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 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.
```