Justice for Servicemembers Act
Bill: H.R.2196 | Sponsor: Rep. Cicilline, David N. (D-RI)
Policy area: Law

Summary:
Justice for Servicemembars [sic] Act
This bill prohibits a predispute arbitration agreement from being valid or enforceable if it requires arbitration of a dispute related to the employment or reemployment rights of a uniformed service member.

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 Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Justice for Servicemembers Act''.

SEC. 2. PURPOSES.

    The purposes of this Act are--
            (1) to prohibit predispute arbitration agreements that 
        force arbitration of disputes arising from claims brought under 
        chapter 43 of title 38 of the United States Code (relating to 
        employment and reemployment 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 VETERANS.

    (a) In General.--Title 9 of the United States Code is amended by 
adding at the end the following:

     ``CHAPTER 4--ARBITRATION OF SERVICEMEMBER AND VETERAN DISPUTES

``Sec.
``401. Definitions.
``402. No validity or enforceability.
``Sec. 401. Definitions
    ``In this chapter--
            ``(1) the term `predispute arbitration agreement' 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 prohibit, or waive the right of, one of 
        the parties to the agreement to participate in a joint, class, 
        or collective 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.
``Sec. 402. No validity or enforceability
    ``(a) In General.--Notwithstanding any other provision 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 determined under 
        Federal law. The applicability of this chapter to an agreement 
        to arbitrate and the validity and enforceability of an 
        agreement to which this chapter applies shall be determined by 
        a court, rather 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 arbitration 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 provision 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 commerce'' and 
                inserting ``persons and causes of action under chapter 
                43 of title 38 or the Servicemembers Civil Relief 
                Act'';
                    (B) in section 2 by inserting ``or as otherwise 
                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 following: 
                        ``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 following: 
                        ``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.''.
                    (B) Chapter 3.--The table of sections of chapter 3 
                of title 9, United States Code, is amended by striking 
                the item relating to section 307 and inserting the 
                following:

``307. Application.''.
            (3) Table of chapters.--The table of chapters of title 9, 
        United States Code, is amended by adding at the end the 
        following:

``4. Arbitration of servicemember and veteran disputes''.

SEC. 4. LIMITATION ON WAIVER OF RIGHTS AND PROTECTIONS UNDER 
              SERVICEMEMBERS CIVIL RELIEF ACT.

    (a) Amendments.--Section 107(a) of the Servicemembars Civil Relief 
Act (50 U.S.C. 3918(a)) is amended--
            (1) in the second sentence by inserting ``and if it is made 
        after a specific dispute has arisen and the dispute is 
        identified in the waiver'' before the period at the end; and
            (2) in the third sentence by inserting ``and if it is made 
        after a specific dispute has arisen and the dispute is 
        identified in the waiver'' before the period at the end.
    (b) Application of Amendments.--The amendments made by subsection 
(a) shall apply with respect to waivers made on or after the date of 
the enactment of this Act.

SEC. 5. EFFECTIVE DATE.

    This Act, and the amendments made by this Act, shall take effect on 
the date of enactment of this Act and shall apply with respect to any 
dispute or claim that arises or accrues on or after such date.
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