S 646 — Justice for Servicemembers and Veterans Act of 2017

Summary

Justice for Servicemembers and Veterans Act of 2017 This bill authorizes the Department of Justice (DOJ) to initiate an action for relief in a service member's employment or reemployment rights action with respect to: (1) a private or state employer, or (2) a state or private employer that is engaged in a pattern or practice to infringe upon such rights. The bill provides that: (1) a person may bring an action against a state, state instrumentality, or state officer or employee acting in his or her official capacity in U.S. district court or state court (currently, only in state court), and (2) the state employer shall not be immune from such action under the Eleventh Amendment or under any other doctrine of sovereign immunity. No such state, instrumentality, officer, or employee that receives or uses federal financial assistance for a program or activity shall be immune under the Eleventh Amendment or under any other doctrine of sovereign immunity from suit in federal or state court for any employment rights violation related to such program or activity. The bill expands judicial venues for an action against a private employer. DOJ may issue civil investigative demands in the enforcement of employment and reemployment rights of members of uniformed services with respect to states and private employers. Service-related disability coverage is extended. The Servicemembers Civil Relief Act is amended to revise protective provisions for service members regarding: (1) default judgments, including the requirement that a court shall not enter a judgment until it appoints an attorney for the defendant; (2) termination of residential and motor vehicle leases upon relocation; (3) DOJ issuance of civil investigative demands; and (4) vacating or setting aside judgments. The bill provides for the portability of professional licenses of service members and their spouses who are relocated under military orders.

Bill Text

• Introduced Introduced in Senate Current html March 15, 2017

Compared against current U.S. Code AI-generated reading aid — verify against the official bill.

The bill enhances enforcement mechanisms and clarifies provisions related to the employment and reemployment rights of servicemembers under Title 38.

• 38 U.S.C. § 4323(a)(1)

  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 appear on behalf of, and act as attorney for, the person on whose behalf the complaint is submitted and commence an action for relief under this chapter for such person. → 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).

  This change allows the Attorney General to commence an action on behalf of the servicemember and grants the servicemember the right to intervene in such actions.

• 38 U.S.C. § 4323(a)(2)

  The Attorney General shall notify such person in writing of such decision. → 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.

  This alteration requires the Attorney General to provide written notification to the servicemember regarding the decision on proceeding with the action and timelines for such decisions.

• 38 U.S.C. § 4323(f)

  An action under this chapter may be initiated only by a person claiming rights or benefits under this chapter under subsection (a) or by the United States under subsection (a)(1). → An action under this chapter may be initiated only by a person claiming rights or benefits under this chapter by the United States or by a person.

  This amendment expands the ability to initiate actions to include additional parties, enhancing access to enforcement.

• 38 U.S.C. § 4323(c)(2)

  United States district court for any district in which the private employer of the person maintains a place of business. → 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.

  This change provides greater flexibility in determining the venue for bringing actions against private employers.

• 38 U.S.C. § 4323(b)(2)

  In the case of an action against a State (as an employer) by a person, the action may be brought in a State court of competent jurisdiction in accordance with the laws of the State. → 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.

  This amendment removes sovereign immunity protections for states in employment rights actions, allowing for greater accountability.

• 38 U.S.C. § 4313(a)(3)

  in any other position which is equivalent in seniority, status, and pay, the duties of which the person is qualified to perform or would become qualified to perform with reasonable efforts by the employer; → including a disability that is brought to the employer's attention within 5 years after the person resumes employment,

  This addition clarifies that new disabilities, discovered post-employment, will be accommodated within a specified timeframe.

• 38 U.S.C. § 4323(h)(2)

  subsection (a)(2) → subsection (a)(1) or subsection (a)(4)

  This change allows for a broader range of scenarios in which the specified subsection applies.

Action History

1. March 15, 2017

   Introduced in Senate

2. March 15, 2017

   Read twice and referred to the Committee on Veterans' Affairs.

Sponsors

• Mazie K. Hirono · Cosponsor
• Al Franken · Cosponsor
• Richard J. Durbin · Cosponsor
• Sheldon Whitehouse · Cosponsor
• Kirsten E. Gillibrand · Cosponsor
• Richard Blumenthal · Primary

Subjects