IIB 
111TH CONGRESS 
1ST SESSION H. R. 1089 
IN THE SENATE OF THE UNITED STATES 
MAY 20, 2009 
Received; read twice and referred to the Committee on Veterans’ Affairs 
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 Representa-
tives of the United States of America in Congress assembled, 
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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. 
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‘‘(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 provi-
sions 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 com-
plaint submitted pursuant to subsection (a)(1). If the Sec-
retary 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 reason-
able efforts to ensure that the person or entity named in 
the complaint complies with the provisions of this chapter. 
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‘‘(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 sub-
section (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 com-
plaint occurred, the Special Counsel shall attempt to re-
solve 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 re-
solve the complaint, the Special Counsel shall notify the 
person who submitted the complaint of— 
‘‘(A) the results of the investigation by the Spe-
cial Counsel; and 
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‘‘(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 
(B) in subsection (b)— 
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(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. 
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(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: 
LORRAINE C. MILLER, 
Clerk. 
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