S.Amdt. 1308
What it does: Adds SEC. ____. PRIVATE RIGHT OF ACTION UNDER UNIFORMED AND OVERSEAS CITIZENS ABSENTEE VOTING ACT at the end of subtitle H of title X
Sen. John Barrasso (R-WY)What it changes
1 change to S. 1867 · shown in the bill's text
Adds SEC. ____. PRIVATE RIGHT OF ACTION UNDER UNIFORMED AND OVERSEAS CITIZENS ABSENTEE VOTING ACT at the end of subtitle H of title X
Adds a sectionIn S. 1867 · Placed on Calendar Senate
Section 382 of title 10, United States Code, is amended by striking "biological or chemical" each place it appears in subsections (a) and (b).
Inserted: SEC. ____. PRIVATE RIGHT OF ACTION UNDER UNIFORMED AND OVERSEAS CITIZENS ABSENTEE VOTING ACT.
Inserted: Section 105 of the Uniformed and Overseas Citizens Absentee Voting Act (42 U.S.C. 1973ff-4) is amended by striking subsection (b) and inserting the following:
Inserted: "(b) Private Right of Action.--A person who is aggrieved by a 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.
Inserted: "(c) 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.
Inserted: "(d) Reports to Congress.--
Inserted: "(1) Annual report.--Not later than December 31 of each year, the Attorney General shall submit to Congress an annual report on any civil action brought by the Attorney General under subsection (a) during the preceding year or any civil action brought by a private party under subsection (b) in which the Attorney General intervened.
Inserted: "(2) Report on enforcement.--Not later than July 1 of each year in which a general election for Federal office is scheduled, the Attorney General shall submit to Congress a report on the number of attorneys and other staff within the Department of Justice assigned to enforce the Uniformed and Overseas Citizen Absentee Voting Act, as well as the Attorney General's plan to detect noncompliance by State and local election officials with the requirements of the law.".
Original wording
At the end of subtitle H of title X, add the following:
Read automatically from the Congressional Record. Check the original before relying on it.
As printed
SA 1308. Mr. BARRASSO (for himself and Mr. Cornyn) submitted an amendment intended to be proposed by him to the bill S. 1867, to authorize appropriations for fiscal year 2012 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 subtitle H of title X, add the following:
SEC. ____. PRIVATE RIGHT OF ACTION UNDER UNIFORMED AND OVERSEAS CITIZENS ABSENTEE VOTING ACT.
Section 105 of the Uniformed and Overseas Citizens Absentee Voting Act (42 U.S.C. 1973ff-4) is amended by striking subsection (b) and inserting the following:
“(b) Private Right of Action.--A person who is aggrieved by a 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.
“(c) 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.
“(d) Reports to Congress.--
“(1) Annual report.--Not later than December 31 of each year, the Attorney General shall submit to Congress an annual report on any civil action brought by the Attorney General under subsection (a) during the preceding year or any civil action brought by a private party under subsection (b) in which the Attorney General intervened.
“(2) Report on enforcement.--Not later than July 1 of each year in which a general election for Federal office is scheduled, the Attorney General shall submit to Congress a report on the number of attorneys and other staff within the Department of Justice assigned to enforce the Uniformed and Overseas Citizen Absentee Voting Act, as well as the Attorney General's plan to detect noncompliance by State and local election officials with the requirements of the law.”.
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Senate amendment submitted
November 18, 2011