,,ii #aadth ,,congress #b;d ,session ,s4 #cdde ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,september #bh1 #bjaf ,mr4 ,blumenthal 7for himself1 ,mrs4 ,murray1 ,mr4 ,durbin1 and ,ms4 ,baldwin7 introduced the following bill2 which was read twice and referred to the ,committee on ,veterans' ,affairs ,a ,,bill ,to amend title #ch1 ,united ,states ,code1 to improve the enforcement of employment and reemployment rights of members of the uniformed services with respect to ,states and private employers1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,uniformed ,services ,employment and ,reemployment ,rights ,improvement ,act of #bjaf4 #b4 ,action for relief in enforcement of employment and reemployment rights of members of uniformed services with respect to a ,state or private employer 7a7 ,initiation of actions ,paragraph 7#a7 of subsection 7a7 of section #dcbc of title #ch1 ,united ,states ,code1 is amended by striking the third sentence and inserting the following new sentences3 ,if the ,attorney ,general is reasonably satisfied that the person on whose behalf the complaint is referred is entitled to the rights or benefits sought1 the ,attorney ,general may commence an action for relief under this chapter1 including on behalf of the person4 ,the person on whose behalf the complaint is referred may1 upon timely application1 intervene in such action and may obtain such appropriate relief as provided in subsections 7d7 and 7e744 7b7 ,attorney ,general notice to servicemember of decision ,paragraph 7#b7 of such subsection is amended to read as follows3 7#b7 7,a7 ,not later than #fj days after the date the ,attorney ,general receives a referral under paragraph 7#a71 the ,attorney ,general shall transmit1 in writing1 to the person on whose behalf the complaint is submitted-- 7i7 if the ,attorney ,general has made a decision about whether the ,united ,states will commence an action for relief under paragraph 7#a7 relating to the complaint of the person1 notice of the decision2 and 7ii7 if the ,attorney ,general has not made such a decision1 notice of when the ,attorney ,general expects to make such a decision4 7,b7 ,if the ,attorney ,general notifies a person of when the ,attorney ,general expects to make a decision under subparagraph 7,a77ii71 the ,attorney ,general shall1 not later than #cj days after the date on which the ,attorney ,general makes such decision1 notify1 in writing1 the person of such decision4 4 7c7 ,pattern or practice cases ,such subsection is further amended-- 7#a7 by redesignating paragraph 7#c7 as paragraph 7#d72 and 7#b7 by inserting after paragraph 7#b7 7as amended by paragraph 7#b7 of this subsection7 the following new paragraph 7#c73 7#c7 ,whenever the ,attorney ,general has reasonable cause to believe that a ,state 7as an employer7 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 chapter1 the ,attorney ,general may commence an action under this chapter4 4 7d7 ,actions by private persons ,subparagraph 7,c7 of paragraph 7#d7 of such subsection1 as redesignated by paragraph 7#c77;,a71 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 action44 7e7 ,conforming amendment ,subsection 7h77#b7 of such section is amended by striking subsection 7a77#b7 and inserting subsection 7a77#a7 or subsection 7a77#d74 #c4 ,waiver of sovereign immunity for enforcement of employment and reemployment rights of members of uniformed services ,paragraph 7#b7 of section #dcbc7;b7 of title #ch1 ,united ,states ,code1 is amended to read as follows3 7#b7 7,a7 ,in the case of an action against a ,state 7as an employer71 any instrumentality of a ,state1 or any officer or employee of a ,state or instrumentality of a ,state acting in that officer or employee's official capacity1 by any person1 the action may be brought in the appropriate district court of the ,united ,states or in a ,state court of competent jurisdiction1 and the ,state1 instrumentality of the ,state1 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 ,constitution1 or under any other doctrine of sovereign immunity1 from such action4 7,b7 7i7 ,no ,state1 instrumentality of such ,state1 or officer or employee of such ,state or instrumentality of such ,state1 acting in that officer or employee's official capacity1 that receives or uses ,federal financial assistance for a program or activity shall be immune1 under the ,eleventh ,amendment of the ,constitution or under any other doctrine of sovereign immunity1 from suit in ,federal or ,state court by any person for any violation under this chapter related to such program or activity4 7ii7 ,in an action against a ,state brought pursuant to subsection 7a71 a court may award the remedies 7including remedies both at law and in equity7 that are available under subsections 7d7 and 7e74 4 #d4 ,venue for cases against private employers for violations of employment and reemployment rights of members of uniformed services ,section #dcbc7;c77#b7 of title #ch1 ,united ,states ,code1 is amended by striking ,united ,states district court for any district in which the private employer of the person maintains a place of business4 and inserting 8,united ,states district court for-- 7,a7 any district in which the employer maintains a place of business2 7,b7 any district in which a substantial part of the events or omissions giving rise to the claim occurred2 or 7,c7 if there is no district in which an action may otherwise be brought as provided in subparagraph 7,a7 or 7,b71 any district in which the employer is subject to the court's personal jurisdiction with respect to such action4 4 #e4 ,standing in cases involving violations of employment and reemployment rights of members of uniformed services by ,states and private employers ,section #dcbc7;f7 of title #ch1 ,united ,states ,code1 is amended-- 7#a7 by inserting by the ,united ,states or after may be initiated only2 and 7#b7 by striking or by the ,united ,states under subsection 7a77#a74 #f4 ,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 #dcbc of title #ch1 ,united ,states ,code1 is amended-- 7#a7 by redesignating subsection 7i7 as subsection 7j72 and 7#b7 by inserting after subsection 7h7 the following new subsection 7i73 7i7 ,issuance and service of civil investigative demands by attorney general 7#a7 ,whenever the ,attorney ,general has reason to believe that any person may be in possession1 custody1 or control of any documentary material relevant to an investigation under this chapter1 the ,attorney ,general may1 before commencing a civil action under subsection 7a71 issue in writing and cause to be served upon such person1 a civil investigative demand requiring-- 7,a7 the production of such documentary material for inspection and copying2 7,b7 that the custodian of such documentary material answer in writing written questions with respect to such documentary material2 or 7,c7 the production of any combination of such documentary material or answers4 7#b7 ,the provisions governing the authority to issue1 use1 and enforce civil investigative demands under section #cgcc of title #ca 7known as the ,false ,claims ,act7 shall govern the authority to issue1 use1 and enforce civil investigative demands under paragraph 7#a71 except that for purposes of that paragraph-- 7,a7 a reference in that section to false claims law investigators or investigations shall be applied as referring to investigators or investigations under this chapter2 7,b7 a reference to interrogatories shall be applied as referring to written questions1 and answers to such need not be under oath2 7,c7 the statutory definitions for purposes of that section relating to false claims law shall not apply2 and 7,d7 provisions of that section relating to qui tam relators shall not apply4 4 #g4 ,treatment of disability discovered after employee entitled to reemployment by reason of uniformed service status resumes employment ,section #dcac7;a77#c7 of title #ch1 ,united ,states ,code1 is amended1 in the matter before subparagraph 7,a71 by inserting including a disability that is brought to the employer's attention within #e years after the person resumes employment1 after during1 such service14 #h4 ,burden of identifying proper reemployment positions for employees entitled to reemployment by reason of uniformed service status ,section #dcac of title #ch1 ,united ,states ,code1 is amended by adding at the end the following new subsection3 7c7 ,for purposes of this section1 the employer shall have the burden of identifying the appropriate reemployment positions4 4