I 

★

117TH CONGRESS 

1ST SESSION H. R. 2196 

To amend title 9 of the United States Code to prohibit predispute arbitration 

agreements that force arbitration of certain disputes arising from claims 

of servicemembers and veterans. 

IN THE HOUSE OF REPRESENTATIVES 

MARCH 26, 2021 

Mr. CICILLINE (for himself, Mr. TAKANO, Mr. RESCHENTHALER, and Mr. 

GOLDEN) introduced the following bill; which was referred to the Committee on the Judiciary, and in addition to the Committee on Veterans’ 

Affairs, for a period to be subsequently determined by the Speaker, in 

each case for consideration of such provisions as fall within the jurisdiction of the committee concerned 

A BILL 

To amend title 9 of the United States Code to prohibit 

predispute arbitration agreements that force arbitration 

of certain disputes arising from claims of servicemembers 

and veterans. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Justice for 

5 Servicemembers Act’’. 


pamtmann on DSKBC07HB2PROD with BILLS
2 

HR 2196 IH1S 

1 SEC. 2. PURPOSES. 

2 The purposes of this Act are— 

3 (1) to prohibit predispute arbitration agree4 ments that force arbitration of disputes arising from 

5 claims brought under chapter 43 of title 38 of the 

6 United States Code (relating to employment and re7 employment rights of members of the uniformed 

8 services) and the Servicemembers Civil Relief Act 

9 (50 U.S.C. 3901–4043); and 

10 (2) to prohibit agreements and practices that 

11 interfere with the right of persons to participate in 

12 a joint, class, or collective action related to disputes 

13 arising from claims brought under the provisions of 

14 such laws. 

15 SEC. 3. ARBITRATION OF DISPUTES INVOLVING THE 

16 RIGHTS OF SERVICEMEMBERS AND VET17 ERANS. 

18 (a) IN GENERAL.—Title 9 of the United States Code 

19 is amended by adding at the end the following: 

20 ‘‘CHAPTER 4—ARBITRATION OF SERVICE21 MEMBER AND VETERAN DISPUTES 

‘‘Sec. 

‘‘401. Definitions. 

‘‘402. No validity or enforceability. 

22 ‘‘§ 401. Definitions 

23 ‘‘In this chapter— 


pamtmann on DSKBC07HB2PROD with BILLS
3 

HR 2196 IH1S 

1 ‘‘(1) the term ‘predispute arbitration agree2 ment’ means an agreement to arbitrate a dispute 

3 that has not yet arisen at the time of the making 

4 of the agreement; and 

5 ‘‘(2) the term ‘predispute joint-action waiver’ 

6 means an agreement, whether or not part of a 

7 predispute arbitration agreement, that would pro8 hibit, or waive the right of, one of the parties to the 

9 agreement to participate in a joint, class, or collec10 tive action in a judicial, arbitral, administrative, or 

11 other forum, concerning a dispute that has not yet 

12 arisen at the time of the making of the agreement. 

13 ‘‘§ 402. No validity or enforceability 

14 ‘‘(a) IN GENERAL.—Notwithstanding any other pro15 vision of this title, no predispute arbitration agreement or 

16 predispute joint-action waiver shall be valid or enforceable 

17 with respect to a dispute relating to disputes arising under 

18 chapter 43 of title 38 or the Servicemembers Civil Relief 

19 Act. 

20 ‘‘(b) APPLICABILITY.— 

21 ‘‘(1) IN GENERAL.—An issue as to whether this 

22 chapter applies with respect to a dispute shall be de23 termined under Federal law. The applicability of this 

24 chapter to an agreement to arbitrate and the validity 

25 and enforceability of an agreement to which this 


pamtmann on DSKBC07HB2PROD with BILLS
4 

HR 2196 IH1S 

1 chapter applies shall be determined by a court, rath2 er than an arbitrator, irrespective of whether the 

3 party resisting arbitration challenges the arbitration 

4 agreement specifically or in conjunction with other 

5 terms of the contract containing such agreement, 

6 and irrespective of whether the agreement purports 

7 to delegate such determinations to an arbitrator. 

8 ‘‘(2) COLLECTIVE BARGAINING AGREEMENTS.— 

9 Nothing in this chapter shall apply to any arbitra10 tion provision in a contract between an employer and 

11 a labor organization or between labor organizations, 

12 except that no such arbitration provision shall have 

13 the effect of waiving the right of a worker to seek 

14 judicial enforcement of a right arising under a provi15 sion of the Constitution of the United States, a 

16 State constitution, or a Federal or State statute, or 

17 public policy arising therefrom.’’. 

18 (b) TECHNICAL AND CONFORMING AMENDMENTS.— 

19 (1) IN GENERAL.—Title 9 of the United States 

20 Code is amended— 

21 (A) in section 1 by striking ‘‘of seamen,’’ 

22 and all that follows through ‘‘interstate com23 merce’’ and inserting ‘‘persons and causes of 

24 action under chapter 43 of title 38 or the 

25 Servicemembers Civil Relief Act’’; 


pamtmann on DSKBC07HB2PROD with BILLS
5 

HR 2196 IH1S 

1 (B) in section 2 by inserting ‘‘or as other2 wise provided in chapter 4’’ before the period at 

3 the end; 

4 (C) in section 208— 

5 (i) in the section heading by striking 

6 ‘‘Chapter 1; residual application’’ 

7 and inserting ‘‘Application’’; and 

8 (ii) by adding at the end the fol9 lowing: ‘‘This chapter applies to the extent 

10 that this chapter is not in conflict with 

11 chapter 4.’’; and 

12 (D) in section 307— 

13 (i) in the section heading, by striking 

14 ‘‘Chapter 1; residual application’’ 

15 and inserting ‘‘Application’’; and 

16 (ii) by adding at the end the fol17 lowing: ‘‘This chapter applies to the extent 

18 that this chapter is not in conflict with 

19 chapter 4.’’. 

20 (2) TABLE OF SECTIONS.— 

21 (A) CHAPTER 2.—The table of sections of 

22 chapter 2 of title 9, United States Code, is 

23 amended by striking the item relating to section 

24 208 and inserting the following: 

‘‘208. Application.’’. 


pamtmann on DSKBC07HB2PROD with BILLS
6 

HR 2196 IH1S 

1 (B) CHAPTER 3.—The table of sections of 

2 chapter 3 of title 9, United States Code, is 

3 amended by striking the item relating to section 

4 307 and inserting the following: 

‘‘307. Application.’’. 

5 (3) TABLE OF CHAPTERS.—The table of chap6 ters of title 9, United States Code, is amended by 

7 adding at the end the following: 

‘‘4. Arbitration of servicemember and veteran disputes’’. 

8 SEC. 4. LIMITATION ON WAIVER OF RIGHTS AND PROTEC9 TIONS UNDER SERVICEMEMBERS CIVIL RE10 LIEF ACT. 

11 (a) AMENDMENTS.—Section 107(a) of the Service12 membars Civil Relief Act (50 U.S.C. 3918(a)) is amend13 ed— 

14 (1) in the second sentence by inserting ‘‘and if 

15 it is made after a specific dispute has arisen and the 

16 dispute is identified in the waiver’’ before the period 

17 at the end; and 

18 (2) in the third sentence by inserting ‘‘and if it 

19 is made after a specific dispute has arisen and the 

20 dispute is identified in the waiver’’ before the period 

21 at the end. 

22 (b) APPLICATION OF AMENDMENTS.—The amend23 ments made by subsection (a) shall apply with respect to 


pamtmann on DSKBC07HB2PROD with BILLS
7 

HR 2196 IH1S 

1 waivers made on or after the date of the enactment of 

2 this Act. 

3 SEC. 5. EFFECTIVE DATE. 

4 This Act, and the amendments made by this Act, 

5 shall take effect on the date of enactment of this Act and 

6 shall apply with respect to any dispute or claim that arises 

7 or accrues on or after such date. 

Æ 


pamtmann on DSKBC07HB2PROD with BILLS