[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[S. 646 Introduced in Senate (IS)]

<DOC>






115th CONGRESS
  1st Session
                                 S. 646

 To amend title 38, United States Code, to improve the enforcement of 
    employment and reemployment rights of members of the uniformed 
 services, to amend the Servicemembers Civil Relief Act to improve the 
    protection of members of the uniformed services, and for other 
                               purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             March 15, 2017

 Mr. Blumenthal (for himself, Ms. Hirono, Mr. Franken, Mr. Durbin, and 
Mr. Whitehouse) introduced the following bill; which was read twice and 
             referred to the Committee on Veterans' Affairs

_______________________________________________________________________

                                 A BILL


 
 To amend title 38, United States Code, to improve the enforcement of 
    employment and reemployment rights of members of the uniformed 
 services, to amend the Servicemembers Civil Relief Act to improve the 
    protection of members of the uniformed services, 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; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Justice for 
Servicemembers and Veterans Act of 2017''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
              TITLE I--EMPLOYMENT AND REEMPLOYMENT RIGHTS

Sec. 101. Action for relief in enforcement of employment and 
                            reemployment rights of members of uniformed 
                            services with respect to a State or private 
                            employer.
Sec. 102. Waiver of sovereign immunity for enforcement of employment 
                            and reemployment rights of members of 
                            uniformed services.
Sec. 103. Venue for cases against private employers for violations of 
                            employment and reemployment rights of 
                            members of uniformed services.
Sec. 104. Standing in cases involving violations of employment and 
                            reemployment rights of members of uniformed 
                            services by States and private employers.
Sec. 105. Civil investigative demands by Attorney General in 
                            enforcement of employment and reemployment 
                            rights of members of uniformed services 
                            with respect to States and private 
                            employers.
Sec. 106. Treatment of disability discovered after employee entitled to 
                            reemployment by reason of uniformed service 
                            status resumes employment.
Sec. 107. Burden of identifying proper reemployment positions for 
                            employees entitled to reemployment by 
                            reason of uniformed service status.
Sec. 108. Clarifications regarding scope of employment and reemployment 
                            rights of members of the uniformed 
                            services.
                         TITLE II--CIVIL RELIEF

Sec. 201. Improved protection of members of uniformed services against 
                            default judgments.
Sec. 202. Authority for issuance and service of civil investigative 
                            demands by Attorney General.
Sec. 203. Oral notice sufficient to invoke interest rate cap.
Sec. 204. Harmonization of sections.
Sec. 205. Expansion of protection for termination of residential and 
                            motor vehicle leases.
Sec. 206. Portability of professional licenses of members of the 
                            uniformed services and their spouses.

              TITLE I--EMPLOYMENT AND REEMPLOYMENT RIGHTS

SEC. 101. ACTION FOR RELIEF IN ENFORCEMENT OF EMPLOYMENT AND 
              REEMPLOYMENT RIGHTS OF MEMBERS OF UNIFORMED SERVICES WITH 
              RESPECT TO A STATE OR PRIVATE EMPLOYER.

    (a) Initiation of Actions.--Paragraph (1) of subsection (a) of 
section 4323 of title 38, United States Code, is amended by striking 
the third sentence and inserting the following new sentences: ``If the 
Attorney General is reasonably satisfied that the person on whose 
behalf the complaint is referred is entitled to the rights or benefits 
sought, the Attorney General may commence an action for relief under 
this chapter, including on behalf of the person. The person on whose 
behalf the complaint is referred may, upon timely application, 
intervene in such action and may obtain such appropriate relief as 
provided in subsections (d) and (e).''.
    (b) Attorney General Notice to Servicemember of Decision.--
Paragraph (2) of such subsection is amended to read as follows:
    ``(2)(A) Not later than 60 days after the date the Attorney General 
receives a referral under paragraph (1), the Attorney General shall 
transmit, in writing, to the person on whose behalf the complaint is 
submitted--
            ``(i) if the Attorney General has made a decision about 
        whether the United States will commence an action for relief 
        under paragraph (1) relating to the complaint of the person, 
        notice of the decision; and
            ``(ii) if the Attorney General has not made such a 
        decision, notice of when the Attorney General expects to make 
        such a decision.
    ``(B) If the Attorney General notifies a person of when the 
Attorney General expects to make a decision under subparagraph (A)(ii), 
the Attorney General shall, not later than 30 days after the date on 
which the Attorney General makes such decision, notify, in writing, the 
person of such decision.''.
    (c) Pattern or Practice Cases.--Such subsection is further 
amended--
            (1) by redesignating paragraph (3) as paragraph (4); and
            (2) by inserting after paragraph (2) (as amended by 
        paragraph (2) of this subsection) the following new paragraph 
        (3):
    ``(3) Whenever the Attorney General has reasonable cause to believe 
that a State (as an employer) or a private employer is engaged in a 
pattern or practice of resistance to the full enjoyment of any of the 
rights or benefits secured by this chapter, the Attorney General may 
commence an action under this chapter.''.
    (d) Actions by Private Persons.--Subparagraph (C) of paragraph (4) 
of such subsection, as redesignated by paragraph (3)(A), is amended by 
striking ``refused'' and all that follows and inserting ``notified by 
the Attorney General that the Attorney General does not intend to bring 
a civil action.''.
    (e) Conforming Amendment.--Subsection (h)(2) of such section is 
amended by striking ``subsection (a)(2)'' and inserting ``subsection 
(a)(1) or subsection (a)(4)''.

SEC. 102. WAIVER OF SOVEREIGN IMMUNITY FOR ENFORCEMENT OF EMPLOYMENT 
              AND REEMPLOYMENT RIGHTS OF MEMBERS OF UNIFORMED SERVICES.

    (a) In General.--Paragraph (2) of section 4323(b) of title 38, 
United States Code, is amended to read as follows:
    ``(2)(A) In the case of an action against a State (as an employer), 
any instrumentality of a State, or any officer or employee of a State 
or instrumentality of a State acting in that officer or employee's 
official capacity, by any person, the action may be brought in the 
appropriate district court of the United States or in a State court of 
competent jurisdiction, and the State, instrumentality of the State, or 
officer or employee of the State or instrumentality acting in that 
officer or employee's official capacity shall not be immune under the 
Eleventh Amendment of the Constitution, or under any other doctrine of 
sovereign immunity, from such action.
    ``(B)(i) No State, instrumentality of such State, or officer or 
employee of such State or instrumentality of such State, acting in that 
officer or employee's official capacity, that receives or uses Federal 
financial assistance for a program or activity shall be immune, under 
the Eleventh Amendment of the Constitution or under any other doctrine 
of sovereign immunity, from suit in Federal or State court by any 
person for any violation under this chapter related to such program or 
activity.
    ``(ii) In an action against a State brought pursuant to subsection 
(a), a court may award the remedies (including remedies both at law and 
in equity) that are available under subsections (d) and (e).''.
    (b) Modification of Purposes.--Section 4301(a) of such title is 
amended, in the matter before paragraph (1), by striking ``The'' and 
inserting ``Pursuant to the power of Congress to enact this chapter 
under section 8 of article I of the Constitution of the United States, 
the''.

SEC. 103. VENUE FOR CASES AGAINST PRIVATE EMPLOYERS FOR VIOLATIONS OF 
              EMPLOYMENT AND REEMPLOYMENT RIGHTS OF MEMBERS OF 
              UNIFORMED SERVICES.

    Section 4323(c)(2) of title 38, United States Code, is amended by 
striking ``United States district court for any district in which the 
private employer of the person maintains a place of business.'' and 
inserting ``United States district court for--
            ``(A) any district in which the employer maintains a place 
        of business;
            ``(B) any district in which a substantial part of the 
        events or omissions giving rise to the claim occurred; or
            ``(C) if there is no district in which an action may 
        otherwise be brought as provided in subparagraph (A) or (B), 
        any district in which the employer is subject to the court's 
        personal jurisdiction with respect to such action.''.

SEC. 104. STANDING IN CASES INVOLVING VIOLATIONS OF EMPLOYMENT AND 
              REEMPLOYMENT RIGHTS OF MEMBERS OF UNIFORMED SERVICES BY 
              STATES AND PRIVATE EMPLOYERS.

    Section 4323(f) of title 38, United States Code, is amended--
            (1) by inserting ``by the United States or'' after ``may be 
        initiated only''; and
            (2) by striking ``or by the United States under subsection 
        (a)(1)''.

SEC. 105. CIVIL INVESTIGATIVE DEMANDS BY ATTORNEY GENERAL IN 
              ENFORCEMENT OF EMPLOYMENT AND REEMPLOYMENT RIGHTS OF 
              MEMBERS OF UNIFORMED SERVICES WITH RESPECT TO STATES AND 
              PRIVATE EMPLOYERS.

    Section 4323 of title 38, United States Code, is amended--
            (1) by redesignating subsection (i) as subsection (j); and
            (2) by inserting after subsection (h) the following new 
        subsection (i):
    ``(i) Issuance and Service of Civil Investigative Demands by 
Attorney General.--(1) Whenever the Attorney General has reason to 
believe that any person may be in possession, custody, or control of 
any documentary material relevant to an investigation under this 
chapter, the Attorney General may, before commencing a civil action 
under subsection (a), issue in writing and cause to be served upon such 
person, a civil investigative demand requiring--
            ``(A) the production of such documentary material for 
        inspection and copying;
            ``(B) that the custodian of such documentary material 
        answer in writing written questions with respect to such 
        documentary material; or
            ``(C) the production of any combination of such documentary 
        material or answers.
    ``(2) The provisions governing the authority to issue, use, and 
enforce civil investigative demands under section 3733 of title 31 
(known as the `False Claims Act') shall govern the authority to issue, 
use, and enforce civil investigative demands under paragraph (1), 
except that for purposes of that paragraph--
            ``(A) a reference in that section to false claims law 
        investigators or investigations shall be applied as referring 
        to investigators or investigations under this chapter;
            ``(B) a reference to interrogatories shall be applied as 
        referring to written questions, and answers to such need not be 
        under oath;
            ``(C) the statutory definitions for purposes of that 
        section relating to `false claims law' shall not apply; and
            ``(D) provisions of that section relating to qui tam 
        relators shall not apply.''.

SEC. 106. TREATMENT OF DISABILITY DISCOVERED AFTER EMPLOYEE ENTITLED TO 
              REEMPLOYMENT BY REASON OF UNIFORMED SERVICE STATUS 
              RESUMES EMPLOYMENT.

    Section 4313(a)(3) of title 38, United States Code, is amended, in 
the matter before subparagraph (A), by inserting ``including a 
disability that is brought to the employer's attention within 5 years 
after the person resumes employment,'' after ``during, such service,''.

SEC. 107. BURDEN OF IDENTIFYING PROPER REEMPLOYMENT POSITIONS FOR 
              EMPLOYEES ENTITLED TO REEMPLOYMENT BY REASON OF UNIFORMED 
              SERVICE STATUS.

    Section 4313 of title 38, United States Code, is amended by adding 
at the end the following new subsection:
    ``(c) For purposes of this section, the employer shall have the 
burden of identifying the appropriate reemployment positions.''.

SEC. 108. CLARIFICATIONS REGARDING SCOPE OF EMPLOYMENT AND REEMPLOYMENT 
              RIGHTS OF MEMBERS OF THE UNIFORMED SERVICES.

    (a) Clarification Regarding Definition of Rights and Benefits.--
Section 4303(2) of title 38, United States Code, is amended--
            (1) by inserting ``(A)'' before ``The term''; and
            (2) by adding at the end the following new subparagraph:
            ``(B) Any procedural protections or provisions set forth in 
        this chapter shall also be considered a right or benefit 
        subject to the protection of this chapter.''.
    (b) Clarification Regarding Relation to Other Law and Plans for 
Agreements.--Section 4302 of such title is amended by adding at the end 
the following:
    ``(c)(1) Pursuant to this section and the procedural rights 
afforded by subchapter III of this chapter, any agreement to arbitrate 
a claim under this chapter is unenforceable, unless all parties consent 
to arbitration after a complaint on the specific claim has been filed 
in court or with the Merit Systems Protection Board and all parties 
knowingly and voluntarily consent to have that particular claim 
subjected to arbitration.
    ``(2) For purposes of this subsection, consent shall not be 
considered voluntary when a person is required to agree to arbitrate an 
action, complaint, or claim alleging a violation of this chapter as a 
condition of future or continued employment, advancement in employment, 
or receipt of any right or benefit of employment.''.

                         TITLE II--CIVIL RELIEF

SEC. 201. IMPROVED PROTECTION OF MEMBERS OF UNIFORMED SERVICES AGAINST 
              DEFAULT JUDGMENTS.

    (a) Appointment of Attorney To Represent Defendant in Military 
Service.--Paragraph (2) of section 201(b) of the Servicemembers Civil 
Relief Act (50 U.S.C. 3931(b)) is amended to read as follows:
            ``(2) Appointment of attorney to represent defendant in 
        military service.--
                    ``(A) In general.--If in an action covered by this 
                section it appears that the defendant is in military 
                service, the court shall not enter a judgment until 
                after the court appoints an attorney to represent the 
                defendant.
                    ``(B) Actions of attorney.--
                            ``(i) In general.--The court appointed 
                        attorney shall act only in the best interests 
                        of the defendant.
                            ``(ii) Request for stay of proceedings.--
                        The court appointed attorney, when appropriate 
                        to represent the best interests of the 
                        defendant, shall request a stay of proceedings 
                        under this Act.
                            ``(iii) Faithful performance.--The court 
                        shall require the court appointed attorney to 
                        perform duties faithfully and, upon failure to 
                        do so, shall discharge the attorney and appoint 
                        another.
                    ``(C) Location.--
                            ``(i) In general.--The court appointed 
                        attorney shall use due diligence to locate and 
                        contact the defendant.
                            ``(ii) Provision of contact information.--
                        The plaintiff must provide to the court 
                        appointed attorney all contact information it 
                        has for the defendant.
                            ``(iii) Report on efforts to locate.--A 
                        court appointed attorney unable to make contact 
                        with the defendant shall report to the court on 
                        all of the attorney's efforts to make contact.
                            ``(iv) Implications of failure to locate.--
                        If an attorney appointed under this section to 
                        represent a defendant in military service 
                        cannot locate the defendant, actions by the 
                        attorney in the case shall not waive any 
                        defense of the servicemember or otherwise bind 
                        the servicemember.
                    ``(D) Notification and assertion of rights.--
                            ``(i) Notification of rights.--Upon making 
                        contact with the defendant, the court appointed 
                        attorney shall advise the defendant of the 
                        nature of the lawsuit and the defendant's 
                        rights provided by this Act, including rights 
                        to obtain a stay and to request the court to 
                        adjust an obligation.
                            ``(ii) Assertion of rights.--Regardless of 
                        whether contact is made under clause (i), the 
                        court appointed attorney shall assert such 
                        rights on behalf of defendant if there is an 
                        adequate basis in law and fact, unless the 
                        defendant provides informed consent to not 
                        assert such rights.''.
    (b) Expansion of Authority for Court To Vacate or Set Aside 
Judgment.--Paragraph (1) of section 201(g) of the Servicemembers Civil 
Relief Act (50 U.S.C. 3931(g)) is amended by striking subparagraphs (A) 
and (B) and inserting the following new subparagraphs (A) and (B):
                    ``(A)(i) the servicemember was materially affected 
                by reason of that military service in making a defense 
                to the action; and
                    ``(ii) the servicemember has a meritorious or legal 
                defense to the action or some part of it; or
                    ``(B) an attorney appointed to represent the 
                servicemember failed to adequately represent the best 
                interests of the defendant.''.

SEC. 202. AUTHORITY FOR ISSUANCE AND SERVICE OF CIVIL INVESTIGATIVE 
              DEMANDS BY ATTORNEY GENERAL.

    (a) In General.--Section 801 of the Servicemembers Civil Relief Act 
(50 U.S.C. 4041) is amended by adding at the end the following new 
subsection:
    ``(d) Issuance and Service of Civil Investigative Demands.--
            ``(1) In general.--Whenever the Attorney General has reason 
        to believe that any person may be in possession, custody, or 
        control of any documentary material relevant to an 
        investigation under this Act, the Attorney General may, before 
        commencing a civil action under subsection (a), issue in 
        writing and serve upon such person, a civil investigative 
        demand requiring--
                    ``(A) the production of such documentary material 
                for inspection and copying;
                    ``(B) that the custodian of such documentary 
                material answer in writing written questions with 
                respect to such documentary material; or
                    ``(C) the production of any combination of such 
                documentary material or answers.
            ``(2) Procedures.--The provisions of section 3733 of title 
        31, United States Code, governing the authority to issue, use, 
        and enforce civil investigative demands shall apply with 
        respect to the authority to issue, use, and enforce civil 
        investigative demands under this section, except that, for 
        purposes of applying such section 3733--
                    ``(A) references in that section to false claims 
                law investigators or investigations shall be read as 
                references to investigators or investigations;
                    ``(B) references in that section to interrogatories 
                shall be read as references to written questions, and 
                answers to such need not be under oath;
                    ``(C) the statutory definitions relating to `false 
                claims law' shall not apply; and
                    ``(D) provisions relating to qui tam relators shall 
                not apply.''.
    (b) Retroactive Applicability.--Section 801 of such Act (50 U.S.C. 
4041), as amended by subsection (a), shall apply as if such section 
were included in the enactment of the Soldiers' and Sailors' Civil 
Relief Act of 1940 (54 Stat. 1178, chapter 888) and included in the 
restatement of such Act in Public Law 108-189.

SEC. 203. ORAL NOTICE SUFFICIENT TO INVOKE INTEREST RATE CAP.

    Paragraphs (1) and (2) of section 207(b) of the Servicemembers 
Civil Relief Act (50 U.S.C. 3937(b)) are amended to read as follows:
            ``(1) Notice to creditor.--
                    ``(A) In general.--In order for an obligation or 
                liability of a servicemember to be subject to the 
                interest rate limitation in subsection (a), the 
                servicemember shall provide to the creditor oral or 
                written notice of military service and any further 
                extension of military service, not later than 180 days 
                after the date of the servicemember's termination or 
                release from military service.
                    ``(B) Records.--The creditor shall retain a record 
                of the servicemember's oral or written notification.
            ``(2) Limitation effective as of date of order to active 
        duty.--
                    ``(A) Search of records.--Upon receipt of oral or 
                written notice of military service, the creditor shall 
                conduct a search of Department of Defense records 
                available through the Department of Defense Manpower 
                Data Center.
                    ``(B) Military service confirmed.--If military 
                service is confirmed by a search under subparagraph 
                (A), the creditor shall treat the debt in accordance 
                with subsection (a), effective as of the date on which 
                the servicemember is called to military service.
                    ``(C) Military service not confirmed.--If a search 
                of Department of Defense records under subparagraph (A) 
                does not confirm military service, the creditor shall 
                notify the servicemember and may require the 
                servicemember to provide a copy of the servicemember's 
                military orders before treating the debt in accordance 
                with subsection (a), effective as of the date on which 
                the servicemember is called to military service.''.

SEC. 204. HARMONIZATION OF SECTIONS.

    (a) In General.--Section 303 of the Servicemembers Civil Relief Act 
(50 U.S.C. 3953) is amended--
            (1) in subsection (b), in the matter before paragraph (1), 
        by striking ``filed'' and inserting ``pending''; and
            (2) in subsection (c)(1), by striking ``with a return made 
        and approved by the court''.
    (b) Repeal of Sunset.--Section 710(d) of the Honoring America's 
Veterans and Caring for Camp Lejeune Families Act of 2012 (Public Law 
112-154; 50 U.S.C. 3953 note) is amended--
            (1) by striking ``Extension of Sunset'' and all that 
        follows through ``Subsection (c)'' and inserting ``Elimination 
        of Prior Sunset.--Subsection (c)''; and
            (2) by striking paragraph (3).

SEC. 205. EXPANSION OF PROTECTION FOR TERMINATION OF RESIDENTIAL AND 
              MOTOR VEHICLE LEASES.

    (a) Termination of Residential Leases.--
            (1) In general.--Section 305 of the Servicemembers Civil 
        Relief Act (50 U.S.C. 3955) is amended--
                    (A) in subsection (a)--
                            (i) in paragraph (1)--
                                    (I) in subparagraph (A), by 
                                striking ``or'' at the end;
                                    (II) in subparagraph (B), by 
                                striking the period at the end and 
                                inserting ``; or''; and
                                    (III) by adding at the end the 
                                following new subparagraph:
                    ``(C) in the case of a lease described in 
                subparagraph (C) of subsection (b)(1), the date the 
                lessee is assigned to or otherwise relocates to 
                quarters or a housing facility as described in such 
                subparagraph.''; and
                            (ii) in paragraph (2), by striking 
                        ``dependent of the lessee'' and inserting ``co-
                        lessee''; and
                    (B) in subsection (b)(1)--
                            (i) in subparagraph (A), by striking ``or'' 
                        at the end;
                            (ii) in subparagraph (B)--
                                    (I) by inserting ``(as defined in 
                                the Joint Federal Travel Regulations, 
                                chapter 5, paragraph U5000B)'' after 
                                ``permanent change of station''; and
                                    (II) by striking the period at the 
                                end and inserting ``; or''; and
                            (iii) by adding at the end the following 
                        new subparagraph:
                    ``(C) the lease is executed by or on behalf of a 
                person who thereafter and during the term of the lease 
                is assigned to or otherwise relocates to quarters of 
                the United States or a housing facility under the 
                jurisdiction of a uniformed service (as defined in 
                section 101 of title 37, United States Code), including 
                housing provided under the Military Housing 
                Privatization Initiative.''.
            (2) Manner of termination.--Subsection (c)(1) of such 
        section is amended--
                    (A) in subparagraph (A)--
                            (i) by inserting ``in the case of a lease 
                        described in subsection (b)(1) and subparagraph 
                        (A) or (B) of such subsection,'' before ``by 
                        delivery''; and
                            (ii) by striking ``and'' at the end;
                    (B) by redesignating subparagraph (B) as 
                subparagraph (C); and
                    (C) by inserting after subparagraph (A) the 
                following new subparagraph (B):
                    ``(B) in the case of a lease described in 
                subparagraph (C) of subsection (b)(1), by delivery by 
                the lessee of written notice of such termination, and a 
                letter from the servicemember's commanding officer 
                indicating that the servicemember has been assigned to 
                or is otherwise relocating to quarters of the United 
                States or a housing facility under the jurisdiction of 
                a uniformed service (as defined in section 101 of title 
                37, United States Code), to the lessor (or the lessor's 
                grantee), or to the lessor's agent (or the agent's 
                grantee); and''.
    (b) Waiver Impermissible.--Such section is further amended by 
adding at the end the following new subsection:
    ``(i) Waiver Not Permitted.--The provisions of this section may not 
be waived or modified by the agreement of the parties under any 
circumstances.''.

SEC. 206. PORTABILITY OF PROFESSIONAL LICENSES OF MEMBERS OF THE 
              UNIFORMED SERVICES AND THEIR SPOUSES.

    (a) In General.--Title VII of the Servicemembers Civil Relief Act 
(50 U.S.C. 4021 et seq.) is amended by inserting after section 705 (50 
U.S.C. 4025) the following new section:

``SEC. 705A. PORTABILITY OF PROFESSIONAL LICENSES OF SERVICEMEMBERS AND 
              THEIR SPOUSES.

    ``In any case in which a servicemember has a professional license 
in good standing in a jurisdiction or the spouse of a servicemember has 
a professional license in good standing in a jurisdiction and such 
servicemember or spouse relocates his or her residency because of 
military orders to a location that is not in such jurisdiction, the 
professional license or certification of such servicemember or spouse 
shall be considered valid and in good standing in the jurisdiction of 
such new residency for the duration of such military orders if such 
servicemember or spouse--
            ``(1) provides a copy of such military orders to the 
        licensing authority in the jurisdiction in which the new 
        residency is located;
            ``(2) remains in good standing with the licensing authority 
        that issued the license; and
            ``(3) submits to the authority of the licensing authority 
        in the new jurisdiction for the purposes of standards of 
        practice, discipline, and fulfillment of any continuing 
        education requirements.''.
    (b) Clerical Amendment.--The table of contents in section 1(b) of 
such Act is amended by inserting after the item relating to section 705 
the following new item:

``Sec. 705A. Portability of professional licenses of servicemembers and 
                            their spouses.''.
                                 <all>