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 Com-
mittee 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 jurisdic-
tion 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. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Justice for 
Servicemembers Act’’. 
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SEC. 2. PURPOSES. 
The purposes of this Act are— 
(1) to prohibit predispute arbitration agree-
ments that force arbitration of disputes arising from 
claims brought under chapter 43 of title 38 of the 
United States Code (relating to employment and re-
employment rights of members of the uniformed 
services) and the Servicemembers Civil Relief Act 
(50 U.S.C. 3901–4043); and 
(2) to prohibit agreements and practices that 
interfere with the right of persons to participate in 
a joint, class, or collective action related to disputes 
arising from claims brought under the provisions of 
such laws. 
SEC. 3. ARBITRATION OF DISPUTES INVOLVING THE 
RIGHTS 
OF 
SERVICEMEMBERS 
AND 
VET-
ERANS. 
(a) IN GENERAL.—Title 9 of the United States Code 
is amended by adding at the end the following: 
‘‘CHAPTER 4—ARBITRATION OF SERVICE-
MEMBER AND VETERAN DISPUTES 
‘‘Sec. 
‘‘401. Definitions. 
‘‘402. No validity or enforceability. 
‘‘§ 401. Definitions 
‘‘In this chapter— 
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‘‘(1) the term ‘predispute arbitration agree-
ment’ means an agreement to arbitrate a dispute 
that has not yet arisen at the time of the making 
of the agreement; and 
‘‘(2) the term ‘predispute joint-action waiver’ 
means an agreement, whether or not part of a 
predispute arbitration agreement, that would pro-
hibit, or waive the right of, one of the parties to the 
agreement to participate in a joint, class, or collec-
tive action in a judicial, arbitral, administrative, or 
other forum, concerning a dispute that has not yet 
arisen at the time of the making of the agreement. 
‘‘§ 402. No validity or enforceability 
‘‘(a) IN GENERAL.—Notwithstanding any other pro-
vision of this title, no predispute arbitration agreement or 
predispute joint-action waiver shall be valid or enforceable 
with respect to a dispute relating to disputes arising under 
chapter 43 of title 38 or the Servicemembers Civil Relief 
Act. 
‘‘(b) APPLICABILITY.— 
‘‘(1) IN GENERAL.—An issue as to whether this 
chapter applies with respect to a dispute shall be de-
termined under Federal law. The applicability of this 
chapter to an agreement to arbitrate and the validity 
and enforceability of an agreement to which this 
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chapter applies shall be determined by a court, rath-
er than an arbitrator, irrespective of whether the 
party resisting arbitration challenges the arbitration 
agreement specifically or in conjunction with other 
terms of the contract containing such agreement, 
and irrespective of whether the agreement purports 
to delegate such determinations to an arbitrator. 
‘‘(2) COLLECTIVE BARGAINING AGREEMENTS.— 
Nothing in this chapter shall apply to any arbitra-
tion provision in a contract between an employer and 
a labor organization or between labor organizations, 
except that no such arbitration provision shall have 
the effect of waiving the right of a worker to seek 
judicial enforcement of a right arising under a provi-
sion of the Constitution of the United States, a 
State constitution, or a Federal or State statute, or 
public policy arising therefrom.’’. 
(b) TECHNICAL AND CONFORMING AMENDMENTS.— 
(1) IN GENERAL.—Title 9 of the United States 
Code is amended— 
(A) in section 1 by striking ‘‘of seamen,’’ 
and all that follows through ‘‘interstate com-
merce’’ and inserting ‘‘persons and causes of 
action under chapter 43 of title 38 or the 
Servicemembers Civil Relief Act’’; 
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(B) in section 2 by inserting ‘‘or as other-
wise provided in chapter 4’’ before the period at 
the end; 
(C) in section 208— 
(i) in the section heading by striking 
‘‘Chapter 1; residual application’’ 
and inserting ‘‘Application’’; and 
(ii) by adding at the end the fol-
lowing: ‘‘This chapter applies to the extent 
that this chapter is not in conflict with 
chapter 4.’’; and 
(D) in section 307— 
(i) in the section heading, by striking 
‘‘Chapter 1; residual application’’ 
and inserting ‘‘Application’’; and 
(ii) by adding at the end the fol-
lowing: ‘‘This chapter applies to the extent 
that this chapter is not in conflict with 
chapter 4.’’. 
(2) TABLE OF SECTIONS.— 
(A) CHAPTER 2.—The table of sections of 
chapter 2 of title 9, United States Code, is 
amended by striking the item relating to section 
208 and inserting the following: 
‘‘208. Application.’’. 
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