H.R. 1089 – Reading Mode

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.

Short title

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

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.