,,ii  #aaeth ,,congress  #ast ,session  
,s4 #fdf  ,,in ,,the ,,senate ,,of ,,the
 ,,united ,,states  ,march #ae1 #bjag   
,mr4 ,blumenthal 7for himself1 ,ms4     
,hirono1 ,mr4 ,franken1 ,mr4 ,durbin1   
and ,mr4 ,whitehouse7 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 services1 to amend the    
,servicemembers ,civil ,relief ,act to  
improve the protection of members of the
 uniformed services1 and for other      
purposes4  #a4 ,short title2 table of   
contents  7a7 ,short title ,this ,act   
may be cited as the ,justice for        
,servicemembers and ,veterans ,act of   
#bjag4  7b7 ,table of contents ,the     
table of contents for this ,act is as   
follows3 ,sec4 #a4 ,short title2 table  
of contents4 ,,title ,i--,employment and
 reemployment rights ,sec4 #aja4 ,action

 for relief in enforcement of employment
 and reemployment rights of members of  
uniformed services with respect to a    
,state or private employer4 ,sec4 #ajb4 
,waiver of sovereign immunity for       
enforcement of employment and           
reemployment rights of members of       
uniformed services4 ,sec4 #ajc4 ,venue  
for cases against private employers for 
violations of employment and            
reemployment rights of members of       
uniformed services4 ,sec4 #ajd4         
,standing in cases involving violations 
of employment and reemployment rights of
 members of uniformed services by       
,states and private employers4 ,sec4    
#aje4 ,civil investigative demands by   
,attorney ,general in enforcement of    
employment and reemployment rights of   
members of uniformed services with      
respect to ,states and private          
employers4 ,sec4 #ajf4 ,treatment of    
disability discovered after employee    
entitled to reemployment by reason of   
uniformed service status resumes        

employment4 ,sec4 #ajg4 ,burden of      
identifying proper reemployment         
positions for employees entitled to     
reemployment by reason of uniformed     
service status4 ,sec4 #ajh4             
,clarifications regarding scope of      
employment and reemployment rights of   
members of the uniformed services4      
,,title ,,ii--,civil relief ,sec4 #bja4 
,improved protection of members of      
uniformed services against default      
judgments4 ,sec4 #bjb4 ,authority for   
issuance and service of civil           
investigative demands by ,attorney      
,general4 ,sec4 #bjc4 ,oral notice      
sufficient to invoke interest rate cap4 
,sec4 #bjd4 ,harmonization of sections4 
,sec4 #bje4 ,expansion of protection for
 termination of residential and motor   
vehicle leases4 ,sec4 #bjf4 ,portability
 of professional licenses of members of 
the uniformed services and their        
spouses4  ,i ,employment and            
reemployment rights  #aja4 ,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  #ajb4 ,waiver of   

sovereign immunity for enforcement of   
employment and reemployment rights of   
members of uniformed services  7a7 ,in  
general ,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  7b7  
,modification of purposes ,section      
#dcja7;a7 of such title is amended1 in  
the matter before paragraph 7#a71 by    
striking ,the and inserting ,pursuant to
 the power of ,congress to enact this   
chapter under section #h of article ,i  
of the ,constitution of the ,united     

,states1 the4  #ajc4 ,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  #ajd4       
,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  #aje4 ,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  #ajf4 ,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
  #ajg4 ,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 
#ajh4 ,clarifications regarding scope of
 employment and reemployment rights of  
members of the uniformed services  7a7  
,clarification regarding definition of  
rights and benefits ,section #dcjc7b7 of
 title #ch1 ,united ,states ,code1 is   
amended-- 7#a7 by inserting 7,a7 before 
,the term2 and  7#b7 by adding at the   
end the following new subparagraph3     
7,b7 ,any procedural protections or     
provisions set forth in this chapter    
shall also be considered a right or     
benefit subject to the protection of    
this chapter4  4  7b7 ,clarification    
regarding relation to other law and     
plans for agreements ,section #dcjb of  
such title is amended by adding at the  
end the following3  7c7 7#a7 ,pursuant  
to this section and the procedural      
rights afforded by subchapter ,,iii of  

this chapter1 any agreement to arbitrate
 a claim under this chapter is          
unenforceable1 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 
arbitration4  7#b7 ,for purposes of this
 subsection1 consent shall not be       
considered voluntary when a person is   
required to agree to arbitrate an       
action1 complaint1 or claim alleging a  
violation of this chapter as a condition
 of future or continued employment1     
advancement in employment1 or receipt of
 any right or benefit of employment4  4 
,,ii ,civil relief  #bja4 ,improved     
protection of members of uniformed      
services against default judgments  7a7 
,appointment of attorney ,to represent  
defendant in military service ,paragraph
 7#b7 of section #bja7;b7 of the        
,servicemembers ,civil ,relief ,act 7#ej

 ,u4,s4,c4 #cica7;b77 is amended to read
 as follows3  7#b7 ,appointment of      
attorney to represent defendant in      
military service  7,a7 ,in general ,if  
in an action covered by this section it 
appears that the defendant is in        
military service1 the court shall not   
enter a judgment until after the court  
appoints an attorney to represent the   
defendant4  7,b7 ,actions of attorney   
7i7 ,in general ,the court appointed    
attorney shall act only in the best     
interests of the defendant4  7ii7       
,request for stay of proceedings ,the   
court appointed attorney1 when          
appropriate to represent the best       
interests of the defendant1 shall       
request a stay of proceedings under this
 ,act4  7iii7 ,faithful performance ,the
 court shall require the court appointed
 attorney to perform duties faithfully  
and1 upon failure to do so1 shall       
discharge the attorney and appoint      
another4  7,c7 ,location  7i7 ,in       
general ,the court appointed attorney   

shall use due diligence to locate and   
contact the defendant4  7ii7 ,provision 
of contact information ,the plaintiff   
must provide to the court appointed     
attorney all contact information it has 
for the defendant4  7iii7 ,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   
contact4  7iv7 ,implications of failure 
to locate ,if an attorney appointed     
under this section to represent a       
defendant in military service cannot    
locate the defendant1 actions by the    
attorney in the case shall not waive any
 defense of the servicemember or        
otherwise bind the servicemember4  7,d7 
,notification and assertion of rights   
7i7 ,notification of rights ,upon making
 contact with the defendant1 the court  
appointed attorney shall advise the     
defendant of the nature of the lawsuit  
and the defendant's rights provided by  
this ,act1 including rights to obtain a 

stay and to request the court to adjust 
an obligation4  7ii7 ,assertion of      
rights ,regardless of whether contact is
 made under clause 7i71 the court       
appointed attorney shall assert such    
rights on behalf of defendant if there  
is an adequate basis in law and fact1   
unless the defendant provides informed  
consent to not assert such rights4  4   
7b7 ,expansion of authority for court   
,to vacate or set aside judgment        
,paragraph 7#a7 of section #bja7;g7 of  
the ,servicemembers ,civil ,relief ,act 
7#ej ,u4,s4,c4 #cica7;g77 is amended by 
striking subparagraphs 7,a7 and 7,b7 and
 inserting the following new            
subparagraphs 7,a7 and 7,b73  7,a7 7i7  
the servicemember was materially        
affected by reason of that military     
service in making a defense to the      
action2 and  7ii7 the servicemember has 
a meritorious or legal defense to the   
action or some part of it2 or  7,b7 an  
attorney appointed to represent the     
servicemember failed to adequately      

represent the best interests of the     
defendant4  4  #bjb4 ,authority for     
issuance and service of civil           
investigative demands by ,attorney      
,general  7a7 ,in general ,section #hja 
of the ,servicemembers ,civil ,relief   
,act 7#ej ,u4,s4,c4 #djda7 is amended by
 adding at the end the following new    
subsection3  7d7 ,issuance and service  
of civil investigative demands  7#a7 ,in
 general ,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 
,act1 the ,attorney ,general may1 before
 commencing a civil action under        
subsection 7a71 issue in writing and    
serve 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  
,procedures ,the provisions of section  
#cgcc of title #ca1 ,united ,states     
,code1 governing the authority to issue1
 use1 and enforce civil investigative   
demands shall apply with respect to the 
authority to issue1 use1 and enforce    
civil investigative demands under this  
section1 except that1 for purposes of   
applying such section #cgcc--  7,a7     
references in that section to false     
claims law investigators or             
investigations shall be read as         
references to investigators or          
investigations2  7,b7 references in that
 section to interrogatories shall be    
read as references to written questions1
 and answers to such need not be under  
oath2  7,c7 the statutory definitions   
relating to false claims law shall not  
apply2 and  7,d7 provisions relating to 
qui tam relators shall not apply4  4    
7b7 ,retroactive applicability ,section 

#hja of such ,act 7#ej ,u4,s4,c4 #djda71
 as amended by subsection 7a71 shall    
apply as if such section were included  
in the enactment of the ,soldiers' and  
,sailors' ,civil ,relief ,act of #aidj  
7#ed ,stat4 #aagh1 chapter #hhh7 and    
included in the restatement of such ,act
 in ,public ,law #ajh-ahi4  #bjc4 ,oral 
notice sufficient to invoke interest    
rate cap ,paragraphs 7#a7 and 7#b7 of   
section #bjg7;b7 of the ,servicemembers 
,civil ,relief ,act 7#ej ,u4,s4,c4      
#cicg7;b77 are amended to read as       
follows3  7#a7 ,notice to creditor  7,a7
 ,in general ,in order for an obligation
 or liability of a servicemember to be  
subject to the interest rate limitation 
in subsection 7a71 the servicemember    
shall provide to the creditor oral or   
written notice of military service and  
any further extension of military       
service1 not later than #ahj days after 
the date of the servicemember's         
termination or release from military    
service4  7,b7 ,records ,the creditor   

shall retain a record of the            
servicemember's oral or written         
notification4  7#b7 ,limitation         
effective as of date of order to active 
duty  7,a7 ,search of records ,upon     
receipt of oral or written notice of    
military service1 the creditor shall    
conduct a search of ,department of      
,defense records available through the  
,department of ,defense ,manpower ,data 
,center4  7,b7 ,military service        
confirmed ,if military service is       
confirmed by a search under subparagraph
 7,a71 the creditor shall treat the debt
 in accordance with subsection 7a71     
effective as of the date on which the   
servicemember is called to military     
service4  7,c7 ,military service not    
confirmed ,if a search of ,department of
 ,defense records under subparagraph    
7,a7 does not confirm military service1 
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 7a71 effective as of the date
 on which the servicemember is called to
 military service4  4  #bjd4            
,harmonization of sections  7a7 ,in     
general ,section #cjc of the            
,servicemembers ,civil ,relief ,act 7#ej
 ,u4,s4,c4 #ciec7 is amended-- 7#a7 in  
subsection 7b71 in the matter before    
paragraph 7#a71 by striking filed and   
inserting pending2 and  7#b7 in         
subsection 7c77#a71 by striking with a  
return made and approved by the court4  
7b7 ,repeal of sunset ,section #gaj7;d7 
of the ,honoring ,america's ,veterans   
and ,caring for ,camp ,lejeune ,families
 ,act of #bjab 7,public ,law #aab-aed2  
#ej ,u4,s4,c4 #ciec note7 is amended--  
7#a7 by striking ,extension of sunset   
and all that follows through ,subsection
 7c7 and inserting ,elimination of prior
 sunset4--,subsection 7c72 and  7#b7 by 
striking paragraph 7#c74  #bje4         
,expansion of protection for termination
 of residential and motor vehicle leases

  7a7 ,termination of residential leases
  7#a7 ,in general ,section #cje of the 
,servicemembers ,civil ,relief ,act 7#ej
 ,u4,s4,c4 #ciee7 is amended--  7,a7 in 
subsection 7a7--  7i7 in paragraph      
7#a7-- 7,i7 in subparagraph 7,a71 by    
striking or at the end2  7,,ii7 in      
subparagraph 7,b71 by striking the      
period at the end and inserting 2 or2   
and  7,,iii7 by adding at the end the   
following new subparagraph3  7,c7 in the
 case of a lease described in           
subparagraph 7,c7 of subsection 7b77#a71
 the date the lessee is assigned to or  
otherwise relocates to quarters or a    
housing facility as described in such   
subparagraph4  2 and  7ii7 in paragraph 
7#b71 by striking dependent of the      
lessee and inserting co-lessee2 and     
7,b7 in subsection 7b77#a7--  7i7 in    
subparagraph 7,a71 by striking or at the
 end2  7ii7 in subparagraph 7,b7--  7,i7
 by inserting 7as defined in the ,joint 
,federal ,travel ,regulations1 chapter  
#e1 paragraph ,u#ejjj;,b7 after         

permanent change of station2 and  7,,ii7
 by striking the period at the end and  
inserting 2 or2 and  7iii7 by adding at 
the end the following new subparagraph3 
7,c7 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 7as defined in section
 #aja of title #cg1 ,united ,states     
,code71 including housing provided under
 the ,military ,housing ,privatization  
,initiative4  4  7#b7 ,manner of        
termination ,subsection 7c77#a7 of such 
section is amended-- 7,a7 in            
subparagraph 7,a7--  7i7 by inserting in
 the case of a lease described in       
subsection 7b77#a7 and subparagraph 7,a7
 or 7,b7 of such subsection1 before by  
delivery2 and  7ii7 by striking and at  
the end2  7,b7 by redesignating         
subparagraph 7,b7 as subparagraph 7,c72 
and  7,c7 by inserting after            

subparagraph 7,a7 the following new     
subparagraph 7,b73  7,b7 in the case of 
a lease described in subparagraph 7,c7  
of subsection 7b77#a71 by delivery by   
the lessee of written notice of such    
termination1 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 7as 
defined in section #aja of title #cg1   
,united ,states ,code71 to the lessor   
7or the lessor's grantee71 or to the    
lessor's agent 7or the agent's grantee72
 and  4  7b7 ,waiver impermissible ,such
 section is further amended by adding at
 the end the following new subsection3  
7i7 ,waiver not permitted ,the          
provisions of this section may not be   
waived or modified by the agreement of  
the parties under any circumstances4  4 
#bjf4 ,portability of professional      
licenses of members of the uniformed    

services and their spouses  7a7 ,in     
general ,title ,,vii of the             
,servicemembers ,civil ,relief ,act 7#ej
 ,u4,s4,c4 #djba et seq47 is amended by 
inserting after section #gje 7#ej       
,u4,s4,c4 #djbe7 the following new      
section3  #gje;,a4 ,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 jurisdiction1 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--  7#a7
 provides a copy of such military orders

 to the licensing authority in the      
jurisdiction in which the new residency 
is located2  7#b7 remains in good       
standing with the licensing authority   
that issued the license2 and  7#c7      
submits to the authority of the         
licensing authority in the new          
jurisdiction for the purposes of        
standards of practice1 discipline1 and  
fulfillment of any continuing education 
requirements4  4  7b7 ,clerical         
amendment ,the table of contents in     
section #a7;b7 of such ,act is amended  
by inserting after the item relating to 
section #gje the following new item3    
,sec4 #gje;,a4 ,portability of          
professional licenses of servicemembers 
and their spouses4  4