S.Amdt. 3216

1. Adds TITLE XVIII--SERVICEMEMBERS CIVIL RELIEF 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--SERVICEMEMBERS CIVIL RELIEF ACT

   Inserted: SEC. 1801. PROHIBITION ON DENIAL OF CREDIT BECAUSE OF ELIGIBILITY FOR PROTECTION.

   Inserted: Section 108 of the Servicemembers Civil Relief Act (50 U.S.C. App. 518) is amended--

   Inserted: (1) by striking "Application by" and inserting "(a) Application or Receipt.--Application by"; and

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

   Inserted: "(b) Eligibility.--

   Inserted: "(1) In general.--In addition to the protections under subsection (a), an individual who is entitled to any right or protection provided under this Act may not be denied or refused credit or be subject to any other action described under paragraphs (1) through (6) of subsection (a) solely by reason of such entitlement.

   Inserted: "(2) Construction.--Nothing in this subsection shall be construed to prohibit a lender from considering all relevant factors, other than the entitlement of an individual to a right or protection provided under this Act, in making a determination as to whether it is appropriate to extend credit.".

   Inserted: SEC. 1802. MORTGAGE PROTECTION FOR CERTAIN DEPLOYED MEMBERS OF ARMED FORCES, DISABLED VETERANS, AND SURVIVING SPOUSES.

   Inserted: (a) In General.--Title III of the Servicemembers Civil Relief Act (50 U.S.C. App. 501 et seq.) is amended by inserting after section 303 the following new section:

   Inserted: "SEC. 303A. MORTGAGES AND TRUST DEEDS OF CERTAIN SERVICEMEMBERS, DISABLED VETERANS, AND SURVIVING SPOUSES.

   Inserted: "(a) Mortgage as Security.--This section applies only to an obligation on real or personal property owned by a covered individual that--

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   Inserted: "(1) originated at any time and for which the covered individual is still obligated; and

   Inserted: "(2) is secured by a mortgage, trust deed, or other security in the nature of a mortgage.

   Inserted: "(b) Covered Individuals.--For purposes of this section, a covered individual is any individual who--

   Inserted: "(1) is a servicemember who is or was eligible for hostile fire or imminent danger special pay under section 310 of title 37, United States Code, during a period of military service;

   Inserted: "(2) is a veteran who retired under chapter 61 of title 10, United States Code, and has a service-connected disability or disabilities (as defined in section 101 of title 38, United States Code) rated by the Secretary of Veterans Affairs as total for purposes of compensation under chapter 11 of title 38, United States Code; or

   Inserted: "(3) is a surviving spouse of a servicemember who died while in military service if such spouse is the successor in interest to property covered under subsection (a).

   Inserted: "(c) Stay of Proceedings.--

   Inserted: "(1) In general.--In an action pending during a covered period to enforce an obligation described in subsection (a), the court may after a hearing and on its own motion and shall upon application by a covered individual, including notice to the court in accordance with paragraphs (2) and (4) of subsection (f), stay the proceedings until the end of the covered period.

   Inserted: "(2) Obligation to stop proceedings.--Upon receipt of notice provided under subsection (f)(1), a mortgagee, trustee, or other creditor seeking to foreclose on real property secured by an obligation described in subsection (a) using any judicial or nonjudicial proceedings shall immediately stop any such proceeding until the end of the covered period.

   Inserted: "(d) Covered Period.--For purposes of this section, a covered period--

   Inserted: "(1) with respect to a servicemember who is or was eligible for hostile fire or imminent danger special pay under section 310 of title 37, United States Code, during a period of military service, is the period beginning on the first day on which the servicemember is or was eligible for such special pay during such period of military service and ending on the date that is one year after the last day of such period of military service;

   Inserted: "(2) with respect to a veteran described in subsection (b)(2), is the period beginning on the date of the veteran's retirement under chapter 61 of title 10, United States Code, and ending on the date that is one year after the date of such retirement; and

   Inserted: "(3) with respect to a surviving spouse of a servicemember as described in subsection (b)(3), is the one-year period beginning on the date on which the spouse receives notice of the death of the servicemember.

   Inserted: "(e) Sale or Foreclosure.--A sale, foreclosure, or seizure of property for a breach of an obligation described in subsection (a) shall not be valid during a covered period except if made pursuant to an agreement as provided in section 107.

   Inserted: "(f) Notice Required.--

   Inserted: "(1) In general.--To be covered under this section, a covered individual shall provide to the mortgagee, trustee, or other creditor written notice that such individual is so covered.

   Inserted: "(2) Time.--Notice provided under paragraph (1) shall be provided--

   Inserted: "(A) with respect to a servicemember who is or was eligible for hostile fire or imminent danger special pay described in subsection (b)(1), anytime during the covered period described in subsection (d)(1);

   Inserted: "(B) with respect to a veteran described in subsection (b)(2), anytime during the covered period described in subsection (d)(2); and

   Inserted: "(C) with respect to a surviving spouse described in subsection (b)(3), anytime during the covered period described in subsection (d)(3).

   Inserted: "(3) Address.--Notice provided under paragraph (1) shall be provided via e-mail, facsimile, standard post, or express mail to facsimile numbers and addresses, as the case may be, designated by the servicer of the mortgage.

   Inserted: "(4) Manner.--Notice provided under paragraph (1) shall be provided in writing by using a form designed under paragraph (5) or submitting a copy of a Department of Defense or Department of Veterans Affairs document evidencing the hostile fire or imminent danger special pay, the service-related total disability, or the military service-related death of a spouse while in military service.

   Inserted: "(5) Official forms.--The Secretary of Defense shall design and distribute an official Department of Defense form that can be used by an individual to give notice under paragraph (1).

   Inserted: "(g) Misdemeanor.--A person who knowingly makes or causes to be made a sale, foreclosure, or seizure of property that is prohibited by subsection (e), or who knowingly attempts to do so, shall be fined as provided in title 18, United States Code, or imprisoned for not more than one year, or both.".

   Inserted: (b) Clerical Amendment.--The table of contents in section 1(b) of such Act is amended by inserting after the item relating to section 303 the following new item:

   Inserted: "Sec. 303A. Mortgages and trust deeds of certain servicemembers, disabled veterans, and surviving spouses.".

   Inserted: (c) Conforming Amendment.--Section 107(d) of such Act (50 U.S.C. App. 517) is amended to read as follows:

   Inserted: "(d) Coverage Periods.--For purposes of this section--

   Inserted: "(1) in the case of a person to whom section 106 applies--

   Inserted: "(A) such person shall be considered to be a servicemember; and

   Inserted: "(B) the period with respect to such a person specified in subsection (a) or (b), as the case may be, of section 106 shall be considered to be a period of military service; and

   Inserted: "(2) in the case of a covered individual described in subsection (b) of section 303A--

   Inserted: "(A) such individual shall be considered to be a servicemember; and

   Inserted: "(B) the covered period with respect to such individual specified in section 303A(d) shall be considered to be a period of military service.".

   Inserted: SEC. 1803. EXPANSION OF PROTECTION FOR TERMINATION OF RESIDENTIAL LEASES.

   Inserted: (1) In general.--Section 305 of the Servicemembers Civil Relief Act (50 U.S.C. App. 535) is amended--

   Inserted: (A) in subsection (a)(1)--

   Inserted: (i) in subparagraph (A), by striking "or" at the end;

   Inserted: (ii) in subparagraph (B), by striking the period at the end and inserting "; or"; and

   Inserted: (iii) by adding at the end the following new subparagraph:

   Inserted: "(C) in the case of a lease described in subsection (b)(1) and subparagraph (C) of such subsection, the date the lessee is assigned to or otherwise relocates to quarters or a housing facility as described in such subparagraph."; and

   Inserted: (B) in subsection (b)(1)--

   Inserted: (i) in subparagraph (A), by striking "or" at the end;

   Inserted: (ii) in subparagraph (B), by striking the period at the end and inserting "; or"; and

   Inserted: (iii) by adding at the end the following new subparagraph:

   Inserted: "(C) the lease is executed by or on behalf of a servicemember 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 (as defined in section 101 of title 10, United States Code), including housing provided under the Military Housing Privatization Initiative under subchapter IV of chapter 169 of title 10, United States Code.".

   Inserted: (2) Manner of termination.--Subsection (c)(1) of such section is amended--

   Inserted: (A) in subparagraph (A)--

   Inserted: (i) by inserting "in the case of a lease described in subsection (b)(1) and subparagraph (A) or (B) of such subsection," before "by delivery"; and

   Inserted: (ii) by striking "and" at the end;

   Inserted: (B) by redesignating subparagraph (B) as subparagraph (C); and

   Inserted: (C) by inserting after subparagraph (A) the following new subparagraph (B):

   Inserted: "(B) in the case of a lease described in subsection (b)(1) and subparagraph (C) of such subsection, by delivery by the lessee of written notice of such termination, and a letter from the servicemember's commanding officer or other competent authority indicating that the servicemember has been assigned to or is otherwise relocating to quarters or housing described in such subparagraph, to the lessor (or the lessor's grantee), or to the lessor's agent (or the agent's grantee); and".

   Inserted: SEC. 1804. MODIFICATION OF PLAINTIFF AFFIDAVIT FILING REQUIREMENT FOR DEFAULT JUDGMENTS AGAINST SERVICEMEMBERS.

   Inserted: 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:

   Inserted: "(1) Plaintiff to file affidavit.--

   Inserted: "(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--

   Inserted: "(i) stating whether or not the defendant is in military service and showing necessary facts to support the affidavit; or

   Inserted: "(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.

   Inserted: "(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 reasonably available to the plaintiff. The affidavit shall set forth all steps taken to determine the defendant's military status.".

   Inserted: SEC. 1805. INCREASE IN CIVIL PENALTIES.

   Inserted: (a) In General.--Section 801(b)(3) of the Servicemembers Civil Relief Act (50 U.S.C. App. 597(b)(3)) is amended--

   Inserted: (1) in subparagraph (A), by striking "$55,000" and inserting "$110,000"; and

   Inserted: (2) in subparagraph (B), by striking "$110,000" and inserting "$220,000".

   Inserted: (b) Effective Date.--The amendments made by subsection (a) shall take effect on the date that is 180 days after the date of the enactment of this Act and shall apply with respect to violations of the Servicemembers Civil Relief Act (50 U.S.C. App. 501 et seq.) that occur on or after such date.

   Inserted: SEC. 1806. CLARIFICATION REGARDING APPLICATION OF ENFORCEMENT AUTHORITY OF ATTORNEY GENERAL AND PRIVATE RIGHT OF ACTION.

   Inserted: Sections 801 and 802 of the Servicemembers Civil Relief Act (50 U.S.C. App. 597 and 597a) shall apply as if such sections 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.

   Inserted: SEC. 1807. ISSUANCE AND SERVICE OF CIVIL INVESTIGATIVE DEMANDS BY ATTORNEY GENERAL.

   Inserted: (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:

   Inserted: "(d) Issuance and Service of Civil Investigative Demands.--

   Inserted: "(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--

   Inserted: "(A) the production of such documentary material for inspection and copying;

   Inserted: "(B) that the custodian of such documentary material answer in writing written questions with respect to such documentary material; or

   Inserted: "(C) the production of any combination of such documentary material or answers.

   Inserted: "(2) False claims.--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--

   Inserted: "(A) references to false claims law investigators or investigations shall be considered references to investigators or investigations under this Act;

   Inserted: "(B) references to interrogatories shall be considered references to written questions, and answers to such need not be under oath;

   Inserted: "(C) the definitions relating to 'false claims law' shall not apply; and

   Inserted: "(D) provisions relating to qui tam relators shall not apply.

   Inserted: "(3) Annual report.--

   Inserted: "(A) In general.--Not later than one year after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2013 and not less frequently than once each year thereafter, the Attorney General shall submit to the Committee on Veterans' Affairs of the Senate and the Committee on Veterans' Affairs of the House of Representatives a report on the issuance of civil investigative demands under this subsection during the previous one-year period.

   Inserted: "(B) Elements.--Each report submitted under subparagraph (A) shall include the following for the year covered by the report:

   Inserted: "(i) The number of times that a civil investigative demand was issued under this subsection.

   Inserted: "(ii) For each civil investigative demand issued under this subsection with respect to an investigation, whether such investigation resulted in a settlement or conviction.".

   Inserted: (b) Effective Date.--Subsection (d) of such section, as added by subsection (a), shall take effect on the date of the enactment of this Act and shall apply with respect to violations of the Servicemembers Civil Relief Act (50 U.S.C. App. 501 et seq.) alleged to have occurred on or after such date.

   Inserted: SEC. 1808. DEFINITION OF MILITARY ORDERS AND CONTINENTAL UNITED STATES.

   Inserted: (a) Transfer of Definition.--The Servicemembers Civil Relief Act (50 U.S.C. App. 501 et seq.) is amended by transferring paragraphs (1) and (2) of section 305(i) (50 U.S.C. App. 535(i)) to the end of section 101 (50 U.S.C. App. 511) and redesignating those paragraphs as paragraphs (10) and (11).

   Inserted: (b) Conforming Amendments.--Such Act is further amended--

   Inserted: (1) in section 305 (50 U.S.C. App. 535), as amended by subsection (a), by striking subsection (i); and

   Inserted: (2) in section 705 (50 U.S.C. App. 595) by striking "or naval" both places it appears.

   Inserted: TITLE XIX--EMPLOYMENT AND REEMPLOYMENT RIGHTS OF MEMBERS OF THE UNIFORMED SERVICES

   Inserted: SEC. 1901. ENFORCEMENT OF RIGHTS OF MEMBERS OF UNIFORMED SERVICES WITH RESPECT TO STATES AND PRIVATE EMPLOYERS.

   Inserted: (a) Action for Relief.--Subsection (a) of section 4323 of title 38, United States Code, is amended--

   Inserted: (1) in paragraph (1)--

   Inserted: (A) by striking "appear on behalf of, and act as attorney for, the person on whose behalf the complaint is submitted and";

   Inserted: (B) by striking "for such person";

   Inserted: (C) by striking the fourth sentence; and

   Inserted: (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).";

   Inserted: (2) by striking paragraph (2) and inserting the following new paragraph (2):

   Inserted: "(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--

   Inserted: "(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

   Inserted: "(ii) if the Attorney General has not made such a decision, notice of when the Attorney General expects to make such a decision.

   Inserted: "(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.";

   Inserted: (3) by redesignating paragraph (3) as paragraph (4);

   Inserted: (4) by inserting after paragraph (2) the following new paragraph (3):

   Inserted: "(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 is intended to deny the full exercise of such rights and benefits, the Attorney General may commence an action for relief under this chapter."; and

   Inserted: (5) in paragraph (4), as redesignated by paragraph (3), by striking subparagraph (C) and inserting the following new subparagraph (C):

   Inserted: "(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.".

   Inserted: (b) Standing.--Subsection (f) of such section is amended to read as follows:

   Inserted: "(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).".

   Inserted: (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)".

   Inserted: SEC. 1902. UNENFORCEABILITY OF AGREEMENTS TO ARBITRATE DISPUTES ARISING UNDER CHAPTER 43 OF TITLE 38, UNITED STATES CODE.

   Inserted: (a) In General.--Subchapter III of chapter 43 of title 38, United States Code, is amended by adding at the end the following new section:

   Inserted: "Sec. 4328. Unenforceability of agreements to arbitrate disputes

   Inserted: "(a) Protection of Employee Rights.--Notwithstanding any other provision of law, any provision of any agreement between an employer and an employee that requires arbitration of a dispute arising under this chapter shall not be enforceable.

   Inserted: "(b) Exception.--Subsection (a) shall not apply with respect to any dispute if, after such dispute arises, the parties involved knowingly and voluntarily agree to submit such dispute to arbitration.

   Inserted: "(c) Validity and Enforcement.--Any issue as to whether this section applies to an arbitration clause shall be determined by Federal law. Except as otherwise provided in chapter 1 of title 9, the validity or enforceability of an agreement to arbitrate referred to in subsection (a) or (b) shall be determined by a court, rather than the arbitrator, regardless of whether the party resisting arbitration challenges the agreement to arbitrate specifically or in conjunction with other terms of the agreement.

   Inserted: "(d) Application.--This section shall apply with respect to all contracts and agreements between an employer and an employee in force before, on, or after the date of the enactment of this section.".

   Inserted: (b) Clerical Amendment.--The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 4327 the following new item:

   Inserted: "4328. Unenforceability of agreements to arbitrate disputes.".

   Inserted: (c) Application.--The provisions of section 4328 of title 38, United States Code, as added by subsection (a), shall apply to--

   Inserted: (1) any failure to comply with a provision of or any violation of chapter 43 of title 38, United States Code, that occurs before, on, or after the date of the enactment of this Act; and

   Inserted: (2) all actions or complaints filed under such chapter 43 that are pending on or after the date of the enactment of this Act.

   Inserted: SEC. 1903. SUSPENSION, TERMINATION, OR DEBARMENT OF CONTRACTORS FOR REPEATED VIOLATIONS OF EMPLOYMENT OR REEMPLOYMENT RIGHTS OF MEMBERS OF UNIFORMED SERVICES.

   Inserted: (a) In General.--Subchapter III of chapter 43 of title 38, United States Code, as amended by section 1902, is further amended by adding at the end the following new section:

   Inserted: "Sec. 4329. Suspension, termination, or debarment of contractors

   Inserted: "(a) Grounds for Suspension, Termination, or Debarment.--Payment under a contract awarded by a Federal executive agency may be suspended and the contract may be terminated, and the contractor who made the contract with the agency may be suspended or debarred in accordance with the requirements of this section, if the head of the agency determines that the contractor as an employer has repeatedly been convicted of failing or refusing to comply with one or more provisions of this chapter.

   Inserted: "(b) Effect of Debarment.--A contractor debarred by a final decision under this section is ineligible for award of a contract by a Federal executive agency, and for participation in a future procurement by a Federal executive agency, for a period specified in the decision, not to exceed 5 years.".

   Inserted: (b) Clerical Amendment.--The table of sections at the beginning of chapter 43 of such title, as amended by section 1902, is further amended by inserting after the item relating to section 4328, as added by section 1902, the following new item:

   Inserted: "4329. Suspension, termination, or debarment of contractor.".

   Inserted: (c) Regulations.--Not later than 180 days after the date of the enactment of this Act, the Federal Acquisition Regulatory Council shall amend the Federal Acquisition Regulation to carry out section 4329 of title 38, United States Code, as added by subsection (a).

   Inserted: (d) Effective Date.--Section 4329 of title 38, United States Code, as added by subsection (a), shall apply with respect to failures and refusals to comply with provisions of chapter 43 of such title occurring on or after the date of the enactment of this Act.

   Inserted: (e) Annual Report.--Section 4332(a) of such title is amended--

   Inserted: (1) by redesignating paragraph (10) as paragraph (11); and

   Inserted: (2) by inserting after paragraph (9) the following new paragraph (10):

   Inserted: "(10) The number of suspensions, terminations, and debarments under section 4329 of this title, disaggregated by the agency or department imposing the suspension or debarment.".

   Inserted: SEC. 1904. SUBPOENA POWER FOR SPECIAL COUNSEL IN ENFORCEMENT OF EMPLOYMENT AND REEMPLOYMENT RIGHTS OF MEMBERS OF UNIFORMED SERVICES WITH RESPECT TO FEDERAL EXECUTIVE AGENCIES.

   Inserted: Section 4324 of title 38, United States Code, is amended by adding at the end the following new subsection:

   Inserted: "(e)(1) In order to carry out the Special Counsel's responsibilities under this section, the Special Counsel may require by subpoena the attendance and testimony of Federal employees and the production of documents from Federal employees and Federal executive agencies.

   Inserted: "(2) In the case of contumacy or failure to obey a subpoena issued under paragraph (1), upon application by the Special Counsel, the Merit Systems Protection Board may issue an order requiring a Federal employee or Federal executive agency to comply with a subpoena of the Special Counsel.

   Inserted: "(3) An order issued under paragraph (2) may be enforced by the Merit Systems Protection Board in the same manner as any order issued under section 1204 of title 5.".

   Inserted: SEC. 1905. ISSUANCE AND SERVICE OF CIVIL INVESTIGATIVE DEMANDS BY ATTORNEY GENERAL.

   Inserted: (a) In General.--Section 4323 of title 38, United States Code, is amended--

   Inserted: (1) by redesignating subsection (i) as subsection (j); and

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

   Inserted: "(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--

   Inserted: "(A) the production of such documentary material for inspection and copying;

   Inserted: "(B) that the custodian of such documentary material answer in writing written questions with respect to such documentary material; or

   Inserted: "(C) the production of any combination of such documentary material or answers.

   Inserted: "(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--

   Inserted: "(A) references to false claims law investigators or investigations shall be considered references to investigators or investigations under this subchapter;

   Inserted: "(B) references to interrogatories shall be considered references to written questions, and answers to such need not be under oath;

   Inserted: "(C) the definitions relating to 'false claims law' shall not apply; and

   Inserted: "(D) provisions relating to qui tam relators shall not apply.".

   Inserted: (b) Effective Date.--Subsection (i) of such section, as added by subsection (a)(2), shall take effect on the date of the enactment of this Act and shall apply with respect to violations of chapter 43 of such title alleged to have occurred on or after such date.

   Inserted: (c) Annual Reports.--Section 4332(b)(2) of such title is amended--

   Inserted: (1) by striking "Not later than" and inserting the following:

   Inserted: "(A) In general.--Not later than"; and

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

   Inserted: "(B) Annual supplement on civil investigative demands.--

   Inserted: "(i) In general.--The Attorney General shall include with each report submitted under subparagraph (A) for the last quarter of each fiscal year a report on the issuance of civil investigative demands under section 4323(i) of this title during the most recently completed fiscal year.

   Inserted: "(ii) Elements.--Each report submitted under clause (i) shall include the following for the fiscal year covered by the report:

   Inserted: "(I) The number of times that a civil investigative demand was issued under section 4323(i) of this title.

   Inserted: "(II) For each civil investigative demand issued under such section with respect to an investigation, whether such investigation resulted in a settlement, order, or judgment.".

   Inserted: SEC. 1906. ADMINISTRATIVE AND JUDICIAL REDRESS AND REMEDIES FOR PREFERENCE ELIGIBLES UNDER TITLE 5, UNITED STATES CODE.

   Inserted: Section 3330a of title 5, United States Code, is amended by adding at the end the following:

   Inserted: "(f) For purposes of this section and sections 3330b and 3330c, the Federal Aviation Administration and the Transportation Security Administration are agencies. This section and sections 3330b and 3330c shall apply to any individual who is a preference eligible with respect to the Federal Aviation Administration and the Transportation Security Administration.".

   Original wording

   At the end of division A, add the following:

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As printed