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“VETERANS EMPLOYMENT RIGHTS REALIGNMENT ACT OF 2009” mentioning the U.S. Dept of Labor was published in the House of Representatives section on pages H5725-H5726 on May 19, 2009.
The publication is reproduced in full below:
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.
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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