Be it enacted by the Senate and House of Representa-
tives 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 per-
son 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 
VerDate Nov 24 2008 
23:10 May 14, 2009
Jkt 079200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6203
E:\BILLS\H1089.RH
H1089
mstockstill on PROD1PC66 with BILLS
‘‘(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 sec-
tion 1211 of title 5. 
‘‘(B) A person described in this subparagraph is a per-
son 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 Fed-
eral 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 chap-
ter.’’; 
(2) by striking subsections (d) and (e) and in-
serting 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 at-
VerDate Nov 24 2008 
23:10 May 14, 2009
Jkt 079200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6203
E:\BILLS\H1089.RH
H1089
mstockstill on PROD1PC66 with BILLS
tempt 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 sub-
mitted 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 sub-
section (a)(2), the Special Counsel shall investigate the com-
plaint. If the Special Counsel determines as a result of the 
investigation that the action alleged in such complaint oc-
curred, the Special Counsel shall attempt to resolve the com-
plaint by making reasonable efforts to ensure that the per-
son 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 re-
solve the complaint, the Special Counsel shall notify the per-
son who submitted the complaint of— 
VerDate Nov 24 2008 
23:10 May 14, 2009
Jkt 079200
PO 00000
Frm 00004
Fmt 6652
Sfmt 6203
E:\BILLS\H1089.RH
H1089
mstockstill on PROD1PC66 with BILLS
‘‘(A) the results of the investigation by the Spe-
cial 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 com-
plaint’’ 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 ‘‘sec-
tion 
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 in-
serting ‘‘Special Counsel’’; 
(ii) by striking ‘‘section 4322(e)’’ and 
inserting ‘‘section 4322(e)(2)’’; and 
(iii) by striking the second sentence; 
and 
VerDate Nov 24 2008 
23:10 May 14, 2009
Jkt 079200
PO 00000
Frm 00005
Fmt 6652
Sfmt 6203
E:\BILLS\H1089.RH
H1089
mstockstill on PROD1PC66 with BILLS
(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 Im-
provement Act of 2004 (Public Law 108–454) is amended 
by striking section 204. 
VerDate Nov 24 2008 
23:10 May 14, 2009
Jkt 079200
PO 00000
Frm 00006
Fmt 6652
Sfmt 6203
E:\BILLS\H1089.RH
H1089
mstockstill on PROD1PC66 with BILLS
(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. 
Amend the title so as to read: ‘‘A bill 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.’’. 
VerDate Nov 24 2008 
23:10 May 14, 2009
Jkt 079200
PO 00000
Frm 00007
Fmt 6652
Sfmt 6201
E:\BILLS\H1089.RH
H1089
mstockstill on PROD1PC66 with BILLS
Union Calendar No. 55 
111TH CONGRESS 
1ST SESSION 
H. R. 1089 
[Report No. 111–111] 
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. 
MAY 14, 2009 
Reported with amendments, committed to the Committee 
of the Whole House on the State of the Union, and or-
dered to be printed 
VerDate Nov 24 2008 
23:10 May 14, 2009
Jkt 079200
PO 00000
Frm 00008
Fmt 6651
Sfmt 6651
E:\BILLS\H1089.RH
H1089
mstockstill on PROD1PC66 with BILLS