[Congressional Record Volume 155, Number 77 (Tuesday, May 19, 2009)]
[House]
[Pages H5725-H5726]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




           VETERANS EMPLOYMENT RIGHTS REALIGNMENT ACT OF 2009

  Mr. FILNER. Mr. Speaker, I move to suspend the rules and pass the 
bill (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, as 
amended.
  The Clerk read the title of the bill.
  The text of the bill is as follows:

                               H.R. 1089

       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.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
California (Mr. Filner) and the gentleman from Arkansas (Mr. Boozman) 
each will control 20 minutes.

[[Page H5726]]

  The Chair recognizes the gentleman from California.
  Mr. FILNER. Mr. Speaker, I would yield myself such time as I may 
consume and again thank our dynamic duo on the Economic Opportunity 
Subcommittee for bringing us another bill which will protect the rights 
of our veterans and especially in job opportunities.
  I yield as much time as she may consume to the gentlelady from South 
Dakota (Ms. Herseth Sandlin).
  Ms. HERSETH SANDLIN. Thank you, Mr. Chairman, for being so supportive 
of the work of the subcommittee.
  I rise today in strong support of H.R. 1089, as amended, the Veterans 
Employment Rights Realignment Act of 2009, which the Economic 
Opportunity Subcommittee passed on March 19 and the full committee 
approved on May 6.
  Once again, we wouldn't be able to consider this bill today if not 
for the support and leadership of the chairman and ranking member both 
of the full committee as well as Mr. Boozman on the subcommittee. And 
we introduced this bill on February 13, 2009, again in response to a 
number of hearings that were held in the 110th Congress.
  The bill would amend title 38 of the U.S. Code to move the 
enforcement of the Uniform Services Employment and Reemployment Rights 
Act--known as USERRA--to the enforcement of those protections, USERRA 
protections, of veterans and members of the armed services employed by 
Federal executive agencies to the U.S. Office of Special Counsel.
  The Office of Special Counsel is an independent Federal investigative 
and prosecutorial agency that was created by Congress with the goal of 
protecting employees, former employees and applicants for employment 
from prohibited personnel practices.
  Under a demonstration project established by Public Law 108-454, the 
Office of Special Counsel investigated some Federal sector USERRA 
claims from 2004 until 2007. This demonstration project showed that the 
Office of Special Counsel had the expertise and ability to quickly 
obtain corrective action for federally employed veterans.
  By granting the Office of Special Counsel initial jurisdiction over 
all of these Federal USERRA claims, we give claimants a single agency 
to investigate and resolve their complaint. This will be more efficient 
than the current circumstance where first the Department of Labor 
investigates the claim, and then the claim is then transferred to OSC 
at the veteran's request if the Department of Labor fails to find a 
resolution, which then prompts a second investigation.
  So, again, I want to thank the chairman, Chairman Filner, for his 
support. I also want to thank Congresswoman Kirkpatrick for her 
amendment during the subcommittee consideration of the bill that 
clarified the role of the Office of Special Counsel in this important 
piece of legislation. Again, I encourage my colleagues to support H.R. 
1089.
  Mr. BOOZMAN. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, I rise in strong support of H.R. 1089 as amended, the 
Veterans Employments Rights Realignment Act of 2009 which would amend 
title 38, United States Code, to provide for the investigation and 
enforcement of the employment and unemployment rights of veterans and 
members of the Armed Forces employed by Federal executive agencies 
through the Office of Special Counsel and for other purposes.
  This bill was introduced by the chairwoman of the Subcommittee on 
Economic Opportunity, Ms. Stephanie Herseth Sandlin, on February 13, 
2009. Mr. Speaker, as I stated earlier today when speaking about H.R. 
466, as amended, the Uniform Services Employment and Reemployment 
Rights Act provides significant protections to veterans returning to 
civilian employment. In the past, enforcement of these rights was 
limited to the Department of Labor's veterans employment and training 
services--VETS. Unfortunately, the VETS case investigation and 
enforcement process took too long and the 108th Congress required a 
comparison of the time it took the Office of Special Counsel and VETS 
to process employee claims involving Federal agencies.
  I believe that having the Office of Special Counsel handle all 
Federal claims is the right way to go because of their expertise in 
dealing with Federal agencies in other similar matters.
  I am hopeful that H.R. 1089, as amended, will not only shorten the 
time it takes to complete action on the case but that veterans will 
ultimately see a friendlier Federal bureaucracy when it comes to 
veterans returning to their former Federal employer.
  I appreciate Ms. Herseth Sandlin's leadership in this area in 
bringing forward this important legislation. I want to thank Chairman 
Filner and Ranking Member Steve Buyer in moving this bill in a timely 
manner.
  And having no further speakers, I yield back the balance of my time.


                             General Leave

  Mr. FILNER. I ask unanimous consent that all Members may have 5 
legislative days in which to revise and extend their remarks and 
include extraneous material on H.R. 1089, as amended.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from California?
  There was no objection.
  Mr. FILNER. I ask my colleagues to unanimously support H.R. 1089, as 
amended, and I yield back the balance of my time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from California (Mr. Filner) that the House suspend the rules 
and pass the bill, H.R. 1089, as amended.
  The question was taken.
  The SPEAKER pro tempore. In the opinion of the Chair, two-thirds 
being in the affirmative, the ayes have it.
  Mr. FILNER. Mr. Speaker, on that I demand the yeas and nays.
  The yeas and nays were ordered.
  The SPEAKER pro tempore. Pursuant to clause 8 of rule XX and the 
Chair's prior announcement, further proceedings on this motion will be 
postponed.

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