S.Amdt. 3389

1. Adds SEC. 605. ROLE FOR DEPARTMENT OF JUSTICE UNDER MILITARY LENDING ACT at the end of subtitle A of title VI

   Adds a section

   In S. 2410 · Placed on Calendar Senate

   Section 403(b)(7)(E) of title 37, United States Code, is amended by striking "December 31, 2014" and inserting "December 31, 2015".

   Inserted: SEC. 605. ROLE FOR DEPARTMENT OF JUSTICE UNDER MILITARY LENDING ACT.

   Inserted: (a) Enforcement by the Attorney General.--Subsection (f) of section 987 of title 10, United States Code, is amended by adding at the end the following new paragraph:

   Inserted: "(7) Enforcement by the attorney general.--

   Inserted: "(A) In general.--The Attorney General may commence a civil action in any appropriate district court of the United States against any person who--

   Inserted: "(i) engages in a pattern or practice of violating this section; or

   Inserted: "(ii) engages in a violation of this section that raises an issue of general public importance.

   Inserted: "(B) Relief.--In a civil action commenced under subparagraph (A), the court--

   Inserted: "(i) may grant any appropriate equitable or declaratory relief with respect to the violation of this section;

   Inserted: "(ii) may award all other appropriate relief, including monetary damages, to any person aggrieved by the violation; and

   Inserted: "(iii) may, to vindicate the public interest, assess a civil penalty--

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

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

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   Inserted: "(C) Intervention.--Upon timely application, a person aggrieved by a violation of this section with respect to which the civil action is commenced may intervene in such action, and may obtain such appropriate relief as the person could obtain in a civil action under paragraph (5) with respect to that violation, along with costs and a reasonable attorney fee.

   Inserted: "(D) Issuance and service of civil investigative demands.--Whenever the Attorney General, or a designee, has reason to believe that any person may be in possession, custody, or control of any documentary material relevant to an investigation under this section, the Attorney General, or a designee, may, before commencing a civil action under subparagraph (A), issue in writing and cause to be served upon such person, a civil investigative demand requiring--

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

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

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

   Inserted: "(E) Relationship to false claims act.--The statutory provisions governing the authority to issue, use, and enforce civil investigative demands under section 3733 of title 31 (known as the 'False Claims Act') shall govern the authority to issue, use, and enforce civil investigative demands under subparagraph (D), except that--

   Inserted: "(i) any reference in that section to false claims law investigators or investigations shall be applied for purposes of subparagraph (D) as referring to investigators or investigations under this section;

   Inserted: "(ii) any reference in that section to interrogatories shall be applied for purposes of subparagraph (D) as referring to written questions, and answers to such need not be under oath;

   Inserted: "(iii) the statutory definitions for purposes of that section relating to 'false claims law' shall not apply; and

   Inserted: "(iv) provisions of that section relating to qui tam relators shall not apply.".

   Inserted: (b) Consultation With Department of Justice in Prescription of Regulations.--Subsection (h)(3) of such section is amended by adding at the end the following new subparagraph:

   Inserted: "(H) The Department of Justice.".

   Original wording

   At the end of subtitle A of title VI, add the following:

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As printed