To amend title 38, United States Code, to clarify the employment and reemployment rights of members of the uniformed services to other law.

Bill: 118-hr-5516
Sponsor: full_name: Rep. Takano, Mark [D-CA-39]
Introduced: 2023-09-14
Policy area: Armed Forces and National Security
Subjects: Administrative remedies

Alternative dispute resolution, mediation, arbitration

Employment discrimination and employee rights

Merit Systems Protection Board

Military personnel and dependents

National Guard and reserves
Latest action: action_date: 2023-09-19
text: Referred to the Subcommittee on Economic Opportunity.

Summaries:

tv_txt: I 118th CONGRESS 1st Session H. R. 5516 IN THE HOUSE OF REPRESENTATIVES September 14, 2023 Mr. Takano introduced the following bill; which was referred to the Committee on Veterans' Affairs A BILL To amend title 38, United States Code, to clarify the employment and reemployment rights of members of the uniformed services to other law.

1. Clarifications regarding scope of employment and reemployment rights of members of the uniformed services (a) Clarification regarding definition of rights and benefits Section 4303(2) of title 38, United States Code, is amended— (1) by inserting — after rights and benefits ; (2) by redesignating the text beginning with means and ending with employment. as a subparagraph (A); (3) in such subparagraph (A), as so redesignated, by striking the period at the end and inserting ; and ; and (4) by adding at the end the following new subparagraph: (B) includes any procedural protections or provisions set forth in this chapter. . (b) Clarification regarding relation to other law and plans for agreements Section 4302 of such title is amended by adding at the end the following: (c) (1) Pursuant to this section and the procedural rights afforded by subchapter III of this chapter, any agreement to arbitrate a claim under this chapter is unenforceable, unless all parties consent to arbitration after a complaint on the specific claim has been filed in court or with the Merit Systems Protection Board and all parties knowingly and voluntarily consent to have that particular claim subjected to arbitration. (2) For purposes of this subsection, consent shall not be considered voluntary when a person is required to agree to arbitrate an action, complaint, or claim alleging a violation of this chapter as a condition of future or continued employment, advancement in employment, or receipt of any right or benefit of employment. .