HR 1089

HR 1089 IH

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.

February 13, 2009

Ms. HERSETH SANDLIN introduced the following bill; which was referred to the Committee on Veterans’ Affairs

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 UNEMPLOYMENT 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 a 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 (2)(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’; and

(4) in section 4325(c), by striking ‘section 4322(d)’ and inserting ‘section 4322(d)(1)’.

(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.