II 

116TH CONGRESS 

1ST SESSION S. 2459 

To amend title 9, United States Code, to prohibit predispute arbitration 

agreements that force arbitration of certain disputes arising from claims 

of servicemembers and veterans. 

IN THE SENATE OF THE UNITED STATES 

llllllllll 

Ms. MURKOWSKI (for herself, Mr. REED, and Mr. GRAHAM) introduced the 

following bill; which was read twice and referred to the Committee on 

Veterans’ Affairs 

A BILL 

To amend title 9, 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 Service5 members Act’’. 

6 SEC. 2. PURPOSES. 

7 The purposes of this Act are— 


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1 (1) to prohibit predispute arbitration agree2 ments that force arbitration of disputes arising from 

3 claims brought under chapter 43 of title 38, United 

4 States Code, and the Servicemembers Civil Relief 

5 Act (50 U.S.C. 3901 et seq.); and 

6 (2) to prohibit agreements and practices that 

7 interfere with the right of persons to participate in 

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

9 arising from claims brought under the provisions of 

10 the laws described in paragraph (1). 

11 SEC. 3. ARBITRATION OF DISPUTES INVOLVING THE 

12 RIGHTS OF SERVICEMEMBERS AND VET13 ERANS. 

14 (a) IN GENERAL.—Title 9, United States Code, is 

15 amended by adding at the end the following: 

16 ‘‘CHAPTER 4—ARBITRATION OF SERVICE17 MEMBER AND VETERAN DISPUTES 

‘‘Sec. 

‘‘401. Definitions. 

‘‘402. No validity or enforceability. 

18 ‘‘§ 401. Definitions 

19 ‘‘In this chapter— 

20 ‘‘(1) the term ‘predispute arbitration agree21 ment’ means an agreement to arbitrate a dispute 

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

23 of the agreement; and 


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

2 means an agreement, whether or not part of a 

3 predispute arbitration agreement, that would pro4 hibit, or waive the right of, one of the parties to the 

5 agreement to participate in a joint, class, or collec6 tive action in a judicial, arbitral, administrative, or 

7 other forum, concerning a dispute that has not yet 

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

9 ‘‘§ 402. No validity or enforceability 

10 ‘‘(a) IN GENERAL.—Notwithstanding any other pro11 vision of this title, no predispute arbitration agreement or 

12 predispute joint-action waiver shall be valid or enforceable 

13 with respect to a dispute relating to disputes arising under 

14 chapter 43 of title 38 or the Servicemembers Civil Relief 

15 Act (50 U.S.C. 3901 et seq.). 

16 ‘‘(b) APPLICABILITY.— 

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

18 chapter applies with respect to a dispute shall be de19 termined under Federal law. The applicability of this 

20 chapter to an agreement to arbitrate and the validity 

21 and enforceability of an agreement to which this 

22 chapter applies shall be determined by a court, rath23 er than an arbitrator, irrespective of whether the 

24 party resisting arbitration challenges the arbitration 

25 agreement specifically or in conjunction with other 


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1 terms of the contract containing such agreement, 

2 and irrespective of whether the agreement purports 

3 to delegate such determinations to an arbitrator. 

4 ‘‘(2) COLLECTIVE BARGAINING AGREEMENTS.— 

5 Nothing in this chapter shall apply to any arbitra6 tion provision in a contract between an employer and 

7 a labor organization or between labor organizations, 

8 except that no such arbitration provision shall have 

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

10 judicial enforcement of a right arising under a provi11 sion of the Constitution of the United States, a 

12 State constitution, or a Federal or State statute, or 

13 public policy arising therefrom.’’. 

14 (b) TECHNICAL AND CONFORMING AMENDMENTS.— 

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

16 Code is amended— 

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

18 and all that follows through ‘‘interstate com19 merce’’ and inserting ‘‘persons and causes of 

20 action under chapter 43 of title 38 or the 

21 Servicemembers Civil Relief Act (50 U.S.C. 

22 3901 et seq.)’’; 

23 (B) in section 2 by inserting ‘‘or as other24 wise provided in chapter 4’’ before the period at 

25 the end; 


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1 (C) in section 208— 

2 (i) in the section heading, by striking 

3 ‘‘Chapter 1; residual application’’ 

4 and inserting ‘‘Application’’; and 

5 (ii) by adding at the end the fol6 lowing: ‘‘This chapter applies to the extent 

7 that this chapter is not in conflict with 

8 chapter 4.’’; and 

9 (D) in section 307— 

10 (i) in the section heading, by striking 

11 ‘‘Chapter 1; residual application’’ 

12 and inserting ‘‘Application’’; and 

13 (ii) by adding at the end the fol14 lowing: ‘‘This chapter applies to the extent 

15 that this chapter is not in conflict with 

16 chapter 4.’’. 

17 (2) TABLE OF SECTIONS.— 

18 (A) CHAPTER 2.—The table of sections for 

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

20 amended by striking the item relating to section 

21 208 and inserting the following: 

‘‘208. Application.’’. 

22 (B) CHAPTER 3.—The table of sections for 

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


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1 amended by striking the item relating to section 

2 307 and inserting the following: 

‘‘307. Application.’’. 

3 (3) TABLE OF CHAPTERS.—The table of chap4 ters of title 9, United States Code, is amended by 

5 adding at the end the following: 

‘‘4. Arbitration of servicemember and veteran disputes ... 401’’. 

6 SEC. 4. LIMITATION ON WAIVER OF RIGHTS AND PROTEC7 TIONS UNDER SERVICEMEMBERS CIVIL RE8 LIEF ACT. 

9 (a) AMENDMENTS.—Section 107(a) of the 

10 Servicemembers Civil Relief Act (50 U.S.C. 3918(a)) is 

11 amended— 

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

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

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

15 at the end; and 

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

17 is made after a specific dispute has arisen and the 

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

19 at the end. 

20 (b) APPLICATION OF AMENDMENTS.—The amend21 ments made by subsection (a) shall apply with respect to 

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

23 this Act. 


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1 SEC. 5. APPLICABILITY. 

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

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

4 or accrues on or after the date of enactment of this Act. 

Æ 


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