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[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[S. 3322 Introduced in Senate (IS)]

112th CONGRESS
  2d Session
                                S. 3322

    To strengthen enforcement and clarify certain provisions of the 
 Servicemembers Civil Relief Act, the Uniformed and Overseas Citizens 
 Absentee Voting Act, and chapter 43 of title 38, United States Code, 
 and to reconcile, restore, clarify, and conform similar provisions in 
      other related civil rights statutes, and for other purposes.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                             June 20, 2012

 Mr. Brown of Ohio (for himself, Mr. Kerry, Mr. Leahy, Mr. Coons, Mr. 
Harkin, Mr. Blumenthal, Ms. Mikulski, Mrs. Shaheen, Mr. Whitehouse, and 
 Mr. Franken) introduced the following bill; which was read twice and 
             referred to the Committee on Veterans' Affairs

_______________________________________________________________________

                                 A BILL

 
    To strengthen enforcement and clarify certain provisions of the 
 Servicemembers Civil Relief Act, the Uniformed and Overseas Citizens 
 Absentee Voting Act, and chapter 43 of title 38, United States Code, 
 and to reconcile, restore, clarify, and conform similar provisions in 
      other related civil rights statutes, 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 ``Servicemembers' 
Protection Act of 2012''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
       TITLE I--AMENDMENTS TO THE SERVICEMEMBERS CIVIL RELIEF ACT

Sec. 101. Clarification of plaintiff affidavit filing requirement for 
                            default judgments against servicemembers.
Sec. 102. Residency of military family members.
Sec. 103. Increase in civil penalties.
Sec. 104. Authority for issuance and service of civil investigative 
                            demands by Attorney General and retroactive 
                            application of Attorney General enforcement 
                            authority.
Sec. 105. Retroactive application of private right of action under 
                            Servicemembers Civil Relief Act.
Sec. 106. Related changes to Fair Housing Act--increase in civil 
                            penalties.
Sec. 107. Related changes to Fair Housing Act--civil investigative 
                            demands.
Sec. 108. Related changes to Equal Credit Opportunity Act--civil 
                            investigative demands.
 TITLE II--AMENDMENTS TO THE UNIFORMED AND OVERSEAS CITIZENS ABSENTEE 
                               VOTING ACT

Sec. 201. Pre-election reporting requirements on availability and 
                            transmission of absentee ballots.
Sec. 202. Transmission requirements; repeal of waiver provision.
Sec. 203. Clarification of State responsibility, civil penalties, and 
                            private right of action.
Sec. 204. Treatment of early ballot requests.
Sec. 205. Applicability to Commonwealth of the Northern Mariana 
                            Islands.
Sec. 206. Related changes to title VI of the Civil Rights Act of 1964--
                            clarification of prohibited discrimination, 
                            private right of action, and available 
                            relief.
Sec. 207. Related changes to title IX of the Education Amendments of 
                            1972--clarification of prohibited 
                            discrimination, private right of action, 
                            and available relief.
  TITLE III--AMENDMENTS TO CHAPTER 43 OF TITLE 38, UNITED STATES CODE

Sec. 301. Enforcement of rights of members of uniformed services with 
                            respect to States and private employers.
Sec. 302. Issuance and service of civil investigative demands by 
                            Attorney General.
Sec. 303. Related changes to title VII of Civil Rights Act of 1964--
                            civil investigative demands.

       TITLE I--AMENDMENTS TO THE SERVICEMEMBERS CIVIL RELIEF ACT

SEC. 101. CLARIFICATION OF PLAINTIFF AFFIDAVIT FILING REQUIREMENT FOR 
              DEFAULT JUDGMENTS AGAINST SERVICEMEMBERS.

    Paragraph (1) of section 201(b) of the Servicemembers Civil Relief 
Act (50 U.S.C. App. 521(b)) is amended to read as follows:
            ``(1) Plaintiff to file affidavit.--
                    ``(A) In general.--In any action or proceeding 
                covered by this section, the plaintiff, before seeking 
                a default judgment, shall file with the court an 
                affidavit--
                            ``(i) stating whether or not the defendant 
                        is in military service and showing necessary 
                        facts to support the affidavit; or
                            ``(ii) if the plaintiff is unable to 
                        determine whether or not the defendant is in 
                        military service, stating that the plaintiff is 
                        unable to determine whether or not the 
                        defendant is in military service.
                    ``(B) Due diligence.--Before filing the affidavit, 
                the plaintiff shall conduct a diligent and reasonable 
                investigation to determine whether or not the defendant 
                is in military service, including a search of available 
                records of the Department of Defense and any other 
                information available to the plaintiff. The affidavit 
                shall set forth in the affidavit all steps taken to 
                determine the defendant's military status.''.

SEC. 102. RESIDENCY OF MILITARY FAMILY MEMBERS.

    (a) In General.--Section 705(b) of the Servicemembers Civil Relief 
Act (50 U.S.C. App. 595(b)) is amended--
            (1) in the matter before paragraph (1), by striking ``a 
        person'' and all that follows through ``that absence'' and 
        inserting ``a family member of a servicemember who is absent 
        from a State because the servicemember is absent from that same 
        State in compliance with military or naval orders shall not, 
        solely by reason of absence, whether or not accompanying the 
        servicemember''; and
            (2) in paragraph (1), by striking ``the person'' and 
        inserting ``the family member''.
    (b) Clerical Amendments.--Such Act (50 U.S.C. App. 501 et seq.) is 
amended--
            (1) in section 705 (50 U.S.C. App. 595)--
                    (A) in the section heading by striking ``spouses'' 
                and inserting ``family members''; and
                    (B) in the heading for subsection (b), by striking 
                ``Spouses'' and inserting ``Family Members''; and
            (2) in the table of sections in section 1 (505 U.S.C. App. 
        501), by striking the item relating to section 705 and 
        inserting the following new item:

``Sec. 705. Guarantee of residency for military personnel and family 
                            members of military personnel.''.

SEC. 103. INCREASE IN CIVIL PENALTIES.

    Section 801(b)(3) of the Servicemembers Civil Relief Act (50 U.S.C. 
App. 597(b)(3)) is amended--
            (1) in subparagraph (A), by striking ``$55,000'' and 
        inserting ``$110,000''; and
            (2) in subparagraph (B), by striking ``$110,000'' and 
        inserting ``$220,000''.

SEC. 104. AUTHORITY FOR ISSUANCE AND SERVICE OF CIVIL INVESTIGATIVE 
              DEMANDS BY ATTORNEY GENERAL AND RETROACTIVE APPLICATION 
              OF ATTORNEY GENERAL ENFORCEMENT AUTHORITY.

    (a) In General.--Section 801 of the Servicemembers Civil Relief Act 
(50 U.S.C. App. 597) is amended by adding at the end the following:
    ``(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 to false claims law investigators 
                or investigations shall be considered references to 
                investigators or investigations under this Act;
                    ``(B) references to interrogatories shall be 
                considered references to written questions, and answers 
                to such need not be under oath;
                    ``(C) the 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. 
App. 597), 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. 105. RETROACTIVE APPLICATION OF PRIVATE RIGHT OF ACTION UNDER 
              SERVICEMEMBERS CIVIL RELIEF ACT.

    Section 802 of the Servicemembers Civil Relief Act (50 U.S.C. App. 
597a) 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. 106. RELATED CHANGES TO FAIR HOUSING ACT--INCREASE IN CIVIL 
              PENALTIES.

    Section 814(d)(1)(C) of the Fair Housing Act (42 U.S.C. 
3614(d)(1)(C)) is amended--
            (1) in clause (i), by striking ``$50,000'' and inserting 
        ``$110,000''; and
            (2) in clause (ii), by striking ``$100,000'' and inserting 
        ``$220,000''.

SEC. 107. RELATED CHANGES TO FAIR HOUSING ACT--CIVIL INVESTIGATIVE 
              DEMANDS.

    Section 814(c) of the Fair Housing Act (42 U.S.C. 3614(c)) is 
amended--
            (1) in the subsection heading, by inserting ``and Service 
        of Civil Investigative Demands'';
            (2) by inserting ``(1)'' before ``The Attorney General''; 
        and
            (3) by adding at the end the following:
            ``(2)(A) 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 title, the Attorney General may, 
        before commencing a civil action under subsection (a) or (b), 
        issue in writing and serve upon such person, a civil 
        investigative demand requiring--
                    ``(i) the production of such documentary material 
                for inspection and copying;
                    ``(ii) that the custodian of such documentary 
                material answer, in writing, written questions with 
                respect to such documentary material; or
                    ``(iii) the production of any combination of such 
                documentary material or answers.
            ``(B) Section 3733 of title 31, United States Code, shall 
        apply to a civil investigative demand under this paragraph, 
        except that--
                    ``(i) such section shall be applied by 
                substituting--
                            ``(I) the term `fair housing investigator' 
                        for the term `false claims law investigator';
                            ``(II) the term `fair housing 
                        investigation' for the term `false claims law 
                        investigation'; and
                            ``(III) the term `written questions' for 
                        the term `interrogatories';
                    ``(ii) an answer to written questions shall not be 
                required to be made under oath;
                    ``(iii) the definition of the term `false claims 
                law' under section 3722(l)(1) shall not apply; and
                    ``(iv) the provisions relating to qui tam realtors 
                shall not apply.''.

SEC. 108. RELATED CHANGES TO EQUAL CREDIT OPPORTUNITY ACT--CIVIL 
              INVESTIGATIVE DEMANDS.

    Section 706(h) of the Equal Credit Opportunity Act (15 U.S.C. 
1691e(h)) is amended to read as follows:
    ``(h) Authority for Attorney General To Bring Civil Action; 
Jurisdiction.--
            ``(1) In general.--When a matter is referred to the 
        Attorney General pursuant to subsection (g), or whenever the 
        Attorney General has reason to believe that one or more 
        creditors are engaged in a pattern or practice in violation of 
        this title, the Attorney General may bring a civil action in 
        any appropriate United States district court for such relief as 
        may be appropriate, including actual and punitive damages and 
        injunctive relief.
            ``(2) Issuance and service of civil investigative 
        demands.--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 title, the Attorney General may, before commencing a civil 
        action under paragraph (1), 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.
            ``(3) Procedures.--The provisions of law governing the 
        authority to issue, use, and enforce civil investigative 
        demands under 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 to false claims law investigators 
                or investigations shall be read as references to fair 
                lending investigators or investigations;
                    ``(B) references 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 thereof relating to qui tam 
                relators shall not apply.''.

 TITLE II--AMENDMENTS TO THE UNIFORMED AND OVERSEAS CITIZENS ABSENTEE 
                               VOTING ACT

SEC. 201. PRE-ELECTION REPORTING REQUIREMENTS ON AVAILABILITY AND 
              TRANSMISSION OF ABSENTEE BALLOTS.

    (a) In General.--Subsection (c) of section 102 of the Uniformed and 
Overseas Citizens Absentee Voting Act (42 U.S.C. 1973ff-1(c)) is 
amended by striking ``Not later than 90 days'' and inserting the 
following:
            ``(1) Pre-election report on absentee ballot 
        availability.--Not later than 55 days before any election for 
        Federal office held in a State, such State shall submit a 
        report to the Attorney General and the Presidential Designee, 
        and make that report publicly available that same day, 
        certifying that absentee ballots are or will be available for 
        transmission by 46 days before the election. The report shall 
        be in a form prescribed by the Attorney General and shall 
        require the State to certify specific information about ballot 
        availability from each unit of local government which will 
        administer the election.
            ``(2) Pre-election report on absentee ballots 
        transmitted.--Not later than 43 days before any election for 
        Federal office held in a State, such State shall submit a 
        report to the Attorney General and the Presidential Designee, 
        and make that report publicly available that same day, 
        certifying whether all absentee ballots validly requested by 
        absent uniformed services voters and overseas voters whose 
        requests were received by the 46th day before the election have 
        been transmitted to such voters by such date. The report shall 
        be in a form prescribed by the Attorney General and shall 
        require the State to certify specific information about ballot 
        transmission, including the total numbers of ballot requests 
        received and ballots transmitted, from each unit of local 
        government which will administer the election.
            ``(3) Post election report on number of absentee ballots 
        transmitted and received.--Not later than 90 days''.
    (b) Conforming Amendment.--The heading for subsection (c) of 
section 102 of such Act (42 U.S.C. 1973ff-1(c)) is amended by striking 
``Report on Number of Absentee Ballots Transmitted and Received'' and 
inserting ``Reports on Absentee Ballots''.

SEC. 202. TRANSMISSION REQUIREMENTS; REPEAL OF WAIVER PROVISION.

    (a) In General.--Paragraph (8) of section 102(a) of the Uniformed 
and Overseas Citizens Absentee Voting Act (42 U.S.C. 1973ff-1(a)) is 
amended to read as follows:
            ``(8) transmit a validly requested absentee ballot to an 
        absent uniformed services voter or overseas voter by the date 
        and in the manner determined under subsection (g);''.
    (b) Ballot Transmission Requirements and Repeal of Waiver 
Provision.--Subsection (g) of section 102 of such Act (42 U.S.C. 
1973ff-1(g)) is amended to read as follows:
    ``(g) Ballot Transmission Requirements.--
            ``(1) In general.--For purposes of subsection (a)(8), in 
        the case in which a valid request for an absentee ballot is 
        received at least 46 days before an election for Federal 
        office, the following rules shall apply:
                    ``(A) In general.--The State shall transmit the 
                absentee ballot not later than 46 days before the 
                election.
                    ``(B) Special rules in case of failure to transmit 
                on time.--
                            ``(i) In general.--If the State fails to 
                        transmit any absentee ballot by the 46th day 
                        before the election as required by subparagraph 
                        (A) and the absent uniformed services voter or 
                        overseas voter did not request electronic 
                        ballot submission pursuant to subsection (f), 
                        the State shall transmit such ballot by express 
                        delivery.
                            ``(ii) Extended failure.--If the State 
                        fails to transmit any absentee ballot by the 
                        41st day before the election, in addition to 
                        transmitting the ballot as provided in clause 
                        (i), the State shall--
                                    ``(I) in the case of absentee 
                                ballots requested by absent uniformed 
                                services voters with respect to 
                                regularly scheduled general elections, 
                                notify such voters of the procedures 
                                established under section 103A for the 
                                collection and delivery of marked 
                                absentee ballots; and
                                    ``(II) in any other case, provide, 
                                at the State's expense, for the return 
                                of such ballot by express delivery.
                            ``(iii) Enforcement.--A State's compliance 
                        with this subparagraph does not bar the 
                        Attorney General from seeking additional 
                        remedies necessary to effectuate the purposes 
                        of this Act.
            ``(2) Requests received after 46th day before election.--
        For purposes of subsection (a)(8), in the case in which a valid 
        request for an absentee ballot is received less than 46 days 
        before an election for Federal office, the State shall transmit 
        the absentee ballot--
                    ``(A) in accordance with State law; and
                    ``(B) if practicable and as determined appropriate 
                by the State, in a manner that expedites the 
                transmission of such absentee ballot.''.

SEC. 203. CLARIFICATION OF STATE RESPONSIBILITY, CIVIL PENALTIES, AND 
              PRIVATE RIGHT OF ACTION.

    (a) Enforcement.--Section 105 (42 U.S.C. 1973ff-4) of the Uniformed 
and Overseas Citizens Absentee Voting Act is amended to read as 
follows:

``SEC. 105. ENFORCEMENT.

    ``(a) In General.--The Attorney General may bring a civil action in 
an appropriate district court for such declaratory or injunctive relief 
as may be necessary to carry out this title. In any such action, the 
only necessary party defendant is the State and it shall not be a 
defense to such action that local election officials are not also named 
as defendants.
    ``(b) Civil Penalty.--In a civil action brought under subsection 
(a), if the court finds that a State violated any provision of this 
Act, it may, to vindicate the public interest, assess a civil penalty 
against the State--
            ``(1) in an amount not exceeding $110,000, for a first 
        violation; and
            ``(2) in an amount not exceeding $220,000, for any 
        subsequent violation.
    ``(c) Report to Congress.--Not later than December 31 of each year, 
the Attorney General shall submit to Congress an annual report on any 
civil action brought under subsection (a) during the preceding year.
    ``(d) Private Right of Action.--A person who is aggrieved by a 
State's violation of this Act, may bring a civil action in an 
appropriate district court for such declaratory or injunctive relief as 
may be necessary to carry out this Act. In any such action, the only 
necessary party defendant is the State, and it shall not be a defense 
to such action that local election officials are not also named as 
defendants.
    ``(e) Attorney's Fees.--In a civil action under this section, the 
court may allow the prevailing party (other than the United States) 
reasonable attorney's fees, including litigation expenses, and 
costs.''.
    (b) Repeal of Clarification Regarding Delegation of State 
Responsibility.--Section 576 of the Military and Overseas Voter 
Empowerment Act (42 U.S.C. 1973ff-1 note) is repealed.

SEC. 204. TREATMENT OF EARLY BALLOT REQUESTS.

    (a) Application of Prohibition of Refusal of Applications on 
Grounds of Early Submission to Overseas Voters.--Section 104 of the 
Uniformed and Overseas Citizens Absentee Voting Act (42 U.S.C. 1973ff-
3) is amended--
            (1) by inserting ``or overseas voter'' after ``submitted by 
        an absent uniformed services voter''; and
            (2) by inserting ``or who do not reside outside the United 
        States'' after ``who are not members of the uniformed 
        services''.
    (b) Use of Single Application for Subsequent Elections.--
            (1) In general.--Section 104 of the Uniformed and Overseas 
        Citizens Absentee Voting Act (42 U.S.C. 1973ff-3) is amended--
                    (A) by striking ``A State'' and inserting the 
                following:
    ``(a) Prohibition of Refusal of Applications on Grounds of Early 
Submission.--A State'', and
                    (B) by adding at the end the following new 
                subsections:
    ``(b) Application Treated as Valid for Subsequent Elections.--
            ``(1) In general.--If a State accepts and processes a 
        request for an absentee ballot by an absent uniformed services 
        voter or overseas voter and the voter requests that the 
        application be considered an application for an absentee ballot 
        for each subsequent election for Federal office held in the 
        State through the next regularly scheduled general election for 
        Federal office (including any runoff elections which may occur 
        as a result of the outcome of such general election), the State 
        shall provide an absentee ballot to the voter for each such 
        subsequent election.
            ``(2) Exception for voters changing registration.--
        Paragraph (1) shall not apply with respect to a voter 
        registered to vote in a State for any election held after the 
        voter notifies the State that the voter no longer wishes to be 
        registered to vote in the State or after the State determines 
        that the voter has registered to vote in another State.''.
            (2) Conforming amendment.--The heading of section 104 of 
        such Act is amended by striking ``prohibition of refusal of 
        applications on grounds of early submission'' and inserting 
        ``treatment of early ballot requests''.

SEC. 205. APPLICABILITY TO COMMONWEALTH OF THE NORTHERN MARIANA 
              ISLANDS.

    Paragraph (6) and (8) of section 107 of the Uniformed and Overseas 
Citizens Absentee Voting Act (42 U.S.C. 1973ff-6(6)) are each amended 
by striking ``and American Samoa'' and inserting ``American Samoa, and 
the Commonwealth of the Northern Mariana Islands''.

SEC. 206. RELATED CHANGES TO TITLE VI OF THE CIVIL RIGHTS ACT OF 1964--
              CLARIFICATION OF PROHIBITED DISCRIMINATION, PRIVATE RIGHT 
              OF ACTION, AND AVAILABLE RELIEF.

    (a) Clarification of Prohibited Discrimination.--Section 601 of the 
Civil Rights Act of 1964 (42 U.S.C. 2000d) is amended--
            (1) by striking ``No'' and inserting ``(a) No''; and
            (2) by adding at the end the following new subsection:
    ``(b)(1) Discrimination based on disparate impact with respect to a 
program or activity is established under this section only if--
            ``(A) a Federal department or agency, or any person 
        aggrieved, demonstrates that an entity subject to this title 
        has a policy or practice with respect to the program or 
        activity that causes a disparate impact on the basis of race, 
        color, or national origin; and
            ``(B)(i) the entity fails to demonstrate that the 
        challenged policy or practice is related to, and necessary to 
        achieve, the substantial and legitimate nondiscriminatory goals 
        of the program or activity; or
            ``(ii) the Federal department or agency, or the person 
        aggrieved, demonstrates that a less discriminatory alternative 
        policy or practice exists, and the entity refuses to adopt such 
        alternative policy or practice.
    ``(2) In this subsection, the term `demonstrates' means meets the 
burdens of production and persuasion.''.
    (b) Private Right of Action and Available Relief.--Section 602 of 
the Civil Rights Act of 1964 (42 U.S.C. 2000d-1) is amended--
            (1) by striking ``Each'' and inserting ``(a) Each''; and
            (2) by adding at the end the following new subsection:
    ``(b) Any person aggrieved by the failure of an entity to comply 
with section 601 may bring a civil action in any Federal or State court 
of competent jurisdiction to enforce such person's rights and may 
recover equitable relief, reasonable attorney's fees, and costs. The 
aggrieved person may also recover legal relief (including compensatory 
and, from nongovernmental entities, punitive damages) in the case of 
noncompliance that is intentional discrimination.
    ``(c) Nothing in subsection (b) limits the authority of a Federal 
department or agency to enforce section 601.''.

SEC. 207. RELATED CHANGES TO TITLE IX OF THE EDUCATION AMENDMENTS OF 
              1972--CLARIFICATION OF PROHIBITED DISCRIMINATION, PRIVATE 
              RIGHT OF ACTION, AND AVAILABLE RELIEF.

    (a) Clarification of Prohibited Discrimination.--Section 901 of the 
Education Amendments of 1972 (20 U.S.C. 1681) is amended--
            (1) by redesignating subsection (c) as subsection (d); and
            (2) by inserting after subsection (b) the following new 
        subsection:
    ``(c)(1) Subject to the conditions described in paragraphs (1) 
through (9) of subsection (a), discrimination based on disparate impact 
with respect to a program or activity is established under this section 
only if--
            ``(A) a Federal department or agency, or any person 
        aggrieved, demonstrates that an entity subject to this title 
        has a policy or practice with respect to the program or 
        activity that causes a disparate impact on the basis of sex; 
        and
            ``(B)(i) the entity fails to demonstrate that the 
        challenged policy or practice is related to, and necessary to 
        achieve, the substantial and legitimate nondiscriminatory goals 
        of the program or activity; or
            ``(ii) the Federal department or agency, or the person 
        aggrieved, demonstrates that a less discriminatory alternative 
        policy or practice exists, and the entity refuses to adopt such 
        alternative policy or practice.
    ``(2) In this subsection, the term `demonstrates' means meets the 
burdens of production and persuasion.''.
    (b) Private Right of Action and Available Relief.--Section 902 of 
the Education Amendments of 1972 (20 U.S.C. 1682) is amended--
            (1) in the section heading, by adding at the end the 
        following: ``; private right of action and available relief'';
            (2) by striking ``Each'' and inserting ``(a) Each''; and
            (3) by adding at the end the following new subsection:
    ``(b) Any person aggrieved by the failure of an entity to comply 
with section 901 may bring a civil action in any Federal or State court 
of competent jurisdiction to enforce such person's rights and may 
recover equitable relief, reasonable attorney's fees, and costs. The 
aggrieved person may also recover legal relief (including compensatory 
and, from nongovernmental entities, punitive damages) in the case of 
noncompliance that is intentional discrimination.
    ``(c) Nothing in subsection (b) limits the authority of a Federal 
department or agency to enforce section 901.''.

  TITLE III--AMENDMENTS TO CHAPTER 43 OF TITLE 38, UNITED STATES CODE

SEC. 301. ENFORCEMENT OF RIGHTS OF MEMBERS OF UNIFORMED SERVICES WITH 
              RESPECT TO STATES AND PRIVATE EMPLOYERS.

    (a) Action for Relief.--Subsection (a) of section 4323 of title 38, 
United States Code, is amended--
            (1) in paragraph (1)--
                    (A) by striking ``appear on behalf of, and act as 
                attorney for, the person on whose behalf the complaint 
                is submitted and'';
                    (B) by striking ``for such person'';
                    (C) by striking the fourth sentence; and
                    (D) by adding at the end the following: ``The 
                person on whose behalf the complaint is referred may, 
                upon timely application, intervene in such action, and 
                may obtain such appropriate relief as is provided in 
                subsections (d) and (e).'';
            (2) by striking paragraph (2) and inserting the following 
        new paragraph (2):
    ``(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 to 
        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 that 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.'';
            (3) by redesignating paragraph (3) as paragraph (4);
            (4) by inserting after paragraph (2) 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 and benefits provided for under this chapter, and that the 
pattern or practice is of such a nature and denies the full exercise of 
such rights and benefits, the Attorney General may commence an action 
for relief under this chapter.''; and
            (5) in paragraph (4), as redesignated by paragraph (3), by 
        striking subparagraph (C) and inserting the following new 
        subparagraph (C):
            ``(C) has been notified by the Attorney General that the 
        Attorney General does not intend to commence an action for 
        relief under paragraph (1) with respect to the complaint under 
        such paragraph.''.
    (b) Standing.--Subsection (f) of such section is amended to read as 
follows:
    ``(f) Standing.--An action under this chapter may be initiated only 
by the Attorney General or by a person claiming rights or benefits 
under this chapter under subsection (a).''.
    (c) Conforming Amendment.--Subsection (h)(2) of such section is 
amended by striking ``under subsection (a)(2)'' and inserting ``under 
paragraph (1) or (4) of subsection (a)''.

SEC. 302. ISSUANCE AND SERVICE OF CIVIL INVESTIGATIVE DEMANDS BY 
              ATTORNEY GENERAL.

    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.--(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 subchapter, 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) The provisions of section 3733 of title 31 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 to false claims law investigators or 
        investigations shall be considered references to investigators 
        or investigations under this subchapter;
            ``(B) references to interrogatories shall be considered 
        references to written questions, and answers to such need not 
        be under oath;
            ``(C) the definitions relating to `false claims law' shall 
        not apply; and
            ``(D) provisions relating to qui tam relators shall not 
        apply.''.

SEC. 303. RELATED CHANGES TO TITLE VII OF CIVIL RIGHTS ACT OF 1964--
              CIVIL INVESTIGATIVE DEMANDS.

    (a) Section 707 of the Civil Rights Act of 1964 (42 U.S.C. 2000e-6) 
is amended--
            (1) by redesignating subsections (b) through (e) as 
        subsections (c) through (f), respectively; and
            (2) by inserting after subsection (a) the following:
    ``(b)(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 title, 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 statutory 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 that section 3733--
            ``(A) references to false claims law investigators or 
        investigations shall be considered to be references to 
        employment discrimination investigators or investigations under 
        this title;
            ``(B) references to interrogatories shall be considered to 
        be references to written questions, and answers to such need 
        not be under oath;
            ``(C) the statutory definition relating to `false claims 
        law' shall not apply; and
            ``(D) provisions relating to qui tam relators shall not 
        apply.'';
            (3) in subsection (d), as redesignated by paragraph (1), by 
        striking ``subsections (d) and (e)'' and inserting 
        ``subsections (e) and (f)''; and
            (4) in subsection (e), as redesignated by paragraph (1), by 
        striking ``subsection (c)'' and inserting ``subsection (d)''.
                                 <all>
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