[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1089 Reported in House (RH)]
Union Calendar No. 55
111th CONGRESS
1st Session
H. R. 1089
[Report No. 111-111]
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
May 14, 2009
Reported with amendments, committed to the Committee of the Whole House
on the State of the Union, and ordered to be printed
[Strike out all after the enacting clause and insert the part printed
in italic]
[For text of introduced bill, see copy of bill as introduced on
February 13, 2009]
_______________________________________________________________________
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.
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.
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.''.
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 ordered to be printed