S.Amdt. 3215

1. Adds TITLE XVIII--AMENDMENTS TO THE UNIFORMED AND OVERSEAS CITIZENS ABSENTEE VOTING ACT at the end of division A

   Adds a title

   In S. 3254 · Placed on Calendar Senate

   The Secretary of the Air Force shall retain the current leadership rank and core functions of the Electronic Systems Center at Hanscom Air Force Base with the same integrated mission elements, responsibilities, and capabilities as existed as of November 1, 2011, until 180 days after the National Commission on the Structure of the Air Force submits to the congressional defense committees the report required under section 1703.

   Inserted: TITLE XVIII--AMENDMENTS TO THE UNIFORMED AND OVERSEAS CITIZENS ABSENTEE VOTING ACT

   Inserted: SEC. 1801. PRE-ELECTION REPORTING REQUIREMENTS ON AVAILABILITY AND TRANSMISSION OF ABSENTEE BALLOTS.

   Inserted: (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:

   Inserted: "(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.

   Inserted: "(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.

   Inserted: "(3) Post election report on number of absentee ballots transmitted and received.--Not later than 90 days".

   Inserted: (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"

   Inserted: SEC. 1802. TRANSMISSION REQUIREMENTS; REPEAL OF WAIVER PROVISION.

   Inserted: (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:

   Inserted: "(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);".

   Inserted: (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:

   Inserted: "(g) Ballot Transmission Requirements.--

   Show 66 more inserted paragraphsShow less

   Inserted: "(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:

   Inserted: "(A) In general.--The State shall transmit the absentee ballot not later than 46 days before the election.

   Inserted: "(B) Special rules in case of failure to transmit on time.--

   Inserted: "(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.

   Inserted: "(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--

   Inserted: "(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

   Inserted: "(II) in any other case, provide, at the State's expense, for the return of such ballot by express delivery.

   Inserted: "(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.

   Inserted: "(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--

   Inserted: "(A) in accordance with State law; and

   Inserted: "(B) if practicable and as determined appropriate by the State, in a manner that expedites the transmission of such absentee ballot.".

   Inserted: SEC. 1803. CLARIFICATION OF STATE RESPONSIBILITY, CIVIL PENALTIES, AND PRIVATE RIGHT OF ACTION.

   Inserted: (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:

   Inserted: "SEC. 105. ENFORCEMENT.

   Inserted: "(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.

   Inserted: "(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--

   Inserted: "(1) in an amount not exceeding $110,000, for a first violation; and

   Inserted: "(2) in an amount not exceeding $220,000, for any subsequent violation.

   Inserted: "(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.

   Inserted: "(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.

   Inserted: "(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.".

   Inserted: (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.

   Inserted: SEC. 1804. TREATMENT OF EARLY BALLOT REQUESTS.

   Inserted: (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--

   Inserted: (1) by inserting "or overseas voter" after "submitted by an absent uniformed services voter"; and

   Inserted: (2) by inserting "or who do not reside outside the United States" after "who are not members of the uniformed services".

   Inserted: (b) Use of Single Application for Subsequent Elections.--

   Inserted: (1) In general.--Section 104 of the Uniformed and Overseas Citizens Absentee Voting Act (42 U.S.C. 1973ff-3) is amended--

   Inserted: (A) by striking "A State" and inserting the following:

   Inserted: "(a) Prohibition of Refusal of Applications on Grounds of Early Submission.--A State", and

   Inserted: (B) by adding at the end the following new subsections:

   Inserted: "(b) Application Treated as Valid for Subsequent Elections.--

   Inserted: "(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.

   Inserted: "(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.".

   Inserted: (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".

   Inserted: SEC. 1805. APPLICABILITY TO COMMONWEALTH OF THE NORTHERN MARIANA ISLANDS.

   Inserted: 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".

   Inserted: SEC. 1806. RELATED CHANGES TO TITLE VI OF THE CIVIL RIGHTS ACT OF 1964--CLARIFICATION OF PROHIBITED DISCRIMINATION, PRIVATE RIGHT OF ACTION, AND AVAILABLE RELIEF.

   Inserted: (a) Clarification of Prohibited Discrimination.--Section 601 of the Civil Rights Act of 1964 (42 U.S.C. 2000d) is amended--

   Inserted: (1) by striking "No" and inserting "(a) No"; and

   Inserted: (2) by adding at the end the following new subsection:

   Inserted: "(b)(1) Discrimination based on disparate impact with respect to a program or activity is established under this section only if--

   Inserted: "(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

   Inserted: "(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

   Inserted: "(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.

   Inserted: "(2) In this subsection, the term 'demonstrates' means meets the burdens of production and persuasion.".

   Inserted: (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--

   Inserted: (1) by striking "Each" and inserting "(a) Each"; and

   Inserted: (2) by adding at the end the following new subsection:

   Inserted: "(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.

   Inserted: "(c) Nothing in subsection (b) limits the authority of a Federal department or agency to enforce section 601.".

   Inserted: SEC. 1807. RELATED CHANGES TO TITLE IX OF THE EDUCATION AMENDMENTS OF 1972--CLARIFICATION OF PROHIBITED DISCRIMINATION, PRIVATE RIGHT OF ACTION, AND AVAILABLE RELIEF.

   Inserted: (a) Clarification of Prohibited Discrimination.--Section 901 of the Education Amendments of 1972 (20 U.S.C. 1681) is amended--

   Inserted: (1) by redesignating subsection (c) as subsection (d); and

   Inserted: (2) by inserting after subsection (b) the following new subsection:

   Inserted: "(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--

   Inserted: "(A) a Federal department of 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

   Inserted: "(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

   Inserted: "(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.

   Inserted: "(2) In this subsection, the term 'demonstrates' means meets the burdens of production and persuasion.".

   Inserted: (b) Private Right of Action and Available Relief.--Section 902 of the Education Amendments of 1972 (20 U.S.C. 1682) is amended--

   Inserted: (1) in the section heading, by adding at the end the following: "; private right of action and available relief";

   Inserted: (2) by striking "Each" and inserting "(a) Each"; and

   Inserted: (3) by adding at the end the following new subsection:

   Inserted: "(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.

   Inserted: "(c) Nothing in subsection (b) limits the authority of a Federal department or agency to enforce section 901.".

   Original wording

   At the end of division A, add the following:

Read automatically from the Congressional Record. Check the original before relying on it.

As printed