H.R. 1089House111th Congress (2009-2011)Passed House

Veterans Employment Rights Realignment Act of 2009

Introduced February 13, 2009

Legislative Activity

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19 earlier actions
SenateIntro Referral Latest Action

Received in the Senate and Read twice and referred to the Committee on Veterans' Affairs.

May 20, 2009

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HouseIntro Referral

Introduced in House

February 13, 2009

HouseIntro Referral

Referred to the House Committee on Veterans' Affairs.

February 13, 2009

HouseCommittee

Referred to the Subcommittee on Economic Opportunity.

February 27, 2009

HouseCommittee

Subcommittee Hearings Held.

March 4, 2009

HouseCommittee

Subcommittee Consideration and Mark-up Session Held.

March 19, 2009

HouseCommittee

Forwarded by Subcommittee to Full Committee (Amended) by Voice Vote .

March 19, 2009

HouseCommittee

Committee Consideration and Mark-up Session Held.

May 6, 2009

HouseCommittee

Ordered to be Reported (Amended) by Voice Vote.

May 6, 2009

HouseCommittee

Reported (Amended) by the Committee on Veterans' Affairs. H. Rept. 111-111.

May 14, 2009

HouseCalendars

Placed on the Union Calendar, Calendar No. 55.

May 14, 2009

HouseFloor

Mr. Filner moved to suspend the rules and pass the bill, as amended.

May 19, 2009 • 12:49 PM

HouseFloor

Considered under suspension of the rules. (consideration: CR H5725-5726)

May 19, 2009 • 12:49 PM

HouseFloor

DEBATE - The House proceeded with forty minutes of debate on H.R. 1089.

May 19, 2009 • 12:49 PM

HouseFloor

At the conclusion of debate, the Yeas and Nays were demanded and ordered. Pursuant to the provisions of clause 8, rule XX, the Chair announced that further proceedings on the motion would be postponed.

May 19, 2009 • 12:55 PM

HouseFloor

Considered as unfinished business. (consideration: CR H5766)

May 19, 2009 • 2:07 PM

HouseFloor

Passed/agreed to in House: On motion to suspend the rules and pass the bill, as amended Agreed to by the Yeas and Nays: (2/3 required): 423 - 0 (Roll no. 270).(text: CR H5725)

May 19, 2009 • 2:33 PM

HouseFloor

On motion to suspend the rules and pass the bill, as amended Agreed to by the Yeas and Nays: (2/3 required): 423 - 0 (Roll no. 270). (text: CR H5725)

May 19, 2009 • 2:33 PM

HouseFloor

Motion to reconsider laid on the table Agreed to without objection.

May 19, 2009 • 2:33 PM

HouseFloor

The title of the measure was amended. Agreed to without objection.

May 19, 2009 • 2:33 PM

SenateIntro Referral

Received in the Senate and Read twice and referred to the Committee on Veterans' Affairs.

May 20, 2009

Floor Debate

13 members

What members said about H.R. 1089 on the floor

3 Republicans10 Democrats
Steve Buyer
Rep. Steve BuyerR-IN-4 · Sep 29, 2010

I yield myself such time as I may consume. Mr. Speaker, I rise in support of H.R. 3219, as amended, the Veterans' Benefits Act of 2010. This is an omnibus benefit and health bill that contains many…

Bob Filner
Rep. Bob FilnerD-CA-51 · Sep 29, 2010

Mr. Speaker, I move to suspend the rules and concur in the Senate amendments to the bill (H.R. 3219) to amend title 38, United States Code, to make certain improvements in the laws administered by…

Daniel K. Akaka
Sen. Daniel K. AkakaD-HI · Sep 28, 2010

Mr. President, I am pleased that the Senate is acting on H.R. 3219, the proposed ``Veterans' Benefits Act of 2010.'' The bill, as it comes before the Senate, is a compromise agreement developed with…

Steve Buyer
Rep. Steve BuyerR-IN-4 · Sep 28, 2010

I yield myself such time as I may consume. Mr. Speaker, you are moving fast today. Had I known, I would have been here for the first bill. And I am serious about that comment. You have to give us…

Stephanie Herseth Sandlin
Rep. Stephanie Herseth SandlinD-SD · Sep 28, 2010

Mr. Speaker, I urge my colleagues to support H.R. 6132, the Veterans Benefits and Economic Welfare Improvement Act of 2010, which the Veterans Affairs Committee approved with bipartisan support on…

Show 8 more
Shelley Berkley
Rep. Shelley BerkleyD-NV-1 · Sep 29, 2010

I want to particularly thank Chairman Filner for shepherding this very important piece of legislation through the Congress. I know it wasn't easy, but it was a very important task, and he did it very…

Alcee L. Hastings
Rep. Alcee L. HastingsD-FL-23 · Sep 28, 2010

Mr. Speaker, I rise in strong support of H.R. 6132, the Veterans Benefits and Economic Welfare Improvement Act of 2010. This important legislation extends much-needed improvements to benefits and…

Stephanie Herseth Sandlin
Rep. Stephanie Herseth SandlinD-SD · May 19, 2009

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,…

Joe Donnelly
Rep. Joe DonnellyD-IN-2 · Sep 28, 2010

Mr. Speaker, I rise today to speak in support of H.R. 6132, The Veterans Benefits and Economic Welfare Improvement Act. This bill combines several measures into one solid piece of legislation that…

John Boozman
Rep. John BoozmanR-AR-3 · May 19, 2009

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…

Eni F. H. Faleomavaega
Rep. Eni F. H. FaleomavaegaD-AS · Sep 28, 2010

Mr. Speaker, I rise today in strong support of H.R. 6132, the Veterans Benefits and Economic Welfare Improvement Act of 2010. I want to thank the author, the gentleman from California and Chairman of…

Harry E. Mitchell
Rep. Harry E. MitchellD-AZ-5 · May 20, 2009

Mr. Speaker, I rise today in support of H.R. 1089, the Veterans Employment Rights Realignment Act of 2009. I thank Representative Herseth Sandlin of South Dakota for her leadership on the issues of…

Bob Filner
Rep. Bob FilnerD-CA-51 · Sep 28, 2010

Mr. Speaker, I move to suspend the rules and pass the bill (H.R. 6132) to amend title 38, United States Code, to establish a transition program for new veterans, to improve the disability claim…

Show 4 more
Bob Filner
Rep. Bob FilnerD-CA-51 · May 19, 2009

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…

Richard J. Durbin
Sen. Richard J. DurbinD-IL · Sep 28, 2010

I ask unanimous consent that the Veterans' Affairs Committee be discharged from further consideration of H.R. 3219, and the Senate proceed to its immediate consideration. I ask unanimous consent that…

Kent Conrad
Sen. Kent ConradD-ND · Sep 28, 2010

Mr. President, this is the Statement of Budgetary Effects of PAYGO legislation for H.R. 3219, as amended. Total Budgetary Effects of H.R. 3219 for the 5-year Statutory PAYGO Scorecard: net decrease…

J. Gresham Barrett
Rep. J. Gresham BarrettR-SC-3 · May 20, 2009

Madam Speaker, unfortunately I missed recorded votes on the House floor on Tuesday, May 19, 2009. Had I been present, I would have voted ``yea'' on rollcall vote No. 270 (Motion to Suspend the rules…

Bill Text

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Referred in SenateIssued May 20, 2009

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.

1.

Short title

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

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.

Lorraine C. Miller,

Clerk.