[Congressional Record Volume 163, Number 127 (Thursday, July 27, 2017)]
[Senate]
[Pages S4459-S4462]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 451. Mr. BLUMENTHAL (for himself, Mr. Whitehouse, Mr. Durbin, and
Ms. Hirono) submitted an amendment intended to be proposed by him to
the bill H.R. 2810, to authorize appropriations for fiscal year 2018
for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of division __, add the following:
TITLE XVII--JUSTICE FOR SERVICEMEMBERS AND VETERANS
SECTION 1700. SHORT TITLE.
This title may be cited as the ``Justice for Servicemembers
and Veterans Act of 2017''.
Subtitle A--Employment and Reemployment Rights
SEC. 1701. 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
[[Page S4460]]
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. 1702. 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. 1703. 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. 1704. 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. 1705. 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. 1706. 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. 1707. 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. 1708. 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.''.
Subtitle B--Civil Relief
SEC. 1711. 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.
[[Page S4461]]
``(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. 1712. 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. 1713. 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. 1714. 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. 1715. 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. 1716. 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.''.
[[Page S4462]]
(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.''.
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