Instructions: In this task, you are given text for US Congressional and California state bills, your task is to generate a summary for this bill.
Input: SECTION 1. SHORT TITLE.

This Act may be cited as the ''Servicemember Employment Protection
Act of 2012''.

SEC. 2. UNENFORCEABILITY OF AGREEMENTS TO ARBITRATE DISPUTES ARISING
UNDER USERRA.

(a) In General.--Subchapter III of chapter 43 of title 38, United
States Code, is amended by adding at the end the following new section:
''Sec. 4328. Unenforceability of agreements to arbitrate disputes
''(a) Protection of Employee Rights.--Notwithstanding any other
provision of law, any clause of any agreement between an employer and
an employee that requires arbitration of a dispute arising under this
chapter shall not be enforceable.
''(b) Exceptions.--(1) Subsection (a) shall not apply with respect
to any dispute if, after such dispute arises, the parties involved
knowingly and voluntarily agree to submit such dispute to arbitration.
''(2) Subsection (a) shall not preclude the enforcement of any of
the rights or terms of a valid collective bargaining agreement.
''(c) Validity and Enforcement.--Any issue as to whether this
section applies to an arbitration clause shall be determined by Federal
law. Except as otherwise provided in chapter 1 of title 9, the validity
or enforceability of an agreement to arbitrate referred to in
subsection (a) or (b)(1) shall be determined by a court, rather than
the arbitrator, regardless of whether the party resisting arbitration
challenges the agreement to arbitrate specifically or in conjunction
with other terms of the agreement.
''(d) Application.--This section shall apply with respect to all
contracts and agreements between an employer and an employee in force
before, on, or after the date of the enactment of this section.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by inserting after the item relating to section
4327 the following new item:

''4328. Unenforceability of agreements to arbitrate disputes.''.
(c) Application.--The provisions of section 4328 of title 38,
United States Code, as added by subsection (a), shall apply to--
(1) any failure to comply with a provision of or any
violation of chapter 43 of title 38, United States Code, that
occurs before, on, or after the date of the enactment of this
Act; and
(2) to all actions or complaints filed under such chapter
43 that are pending on or after the date of the enactment of
this Act.

SEC. 3. EXPANSION OF EMPLOYMENT AND REEMPLOYMENT RIGHTS OF MEMBERS OF
UNIFORMED SERVICES TO INCLUDE PROTECTION FOR ABSENCES
FROM EMPLOYMENT FOR MEDICAL TREATMENT RELATING TO
SERVICE-CONNECTED INJURIES AND ILLNESSES.

(a) In General.--Section 4303(13) of title 38, United States Code,
is amended by inserting ''a period for which a person is absent from a
position of employment for the purpose of medical or dental treatment
for an injury or illness incurred or aggravated in line of duty during
a period of service in the uniformed services,'' after ''for any such
duty,''.
(b) FMLA.--
(1) Rule of construction.--For purposes of that section
4303(13) and each covered provision--
(A) the reference in that section 4303(13) to a
period for which a person is absent from a position of
employment for the purpose of medical or dental
treatment shall not be considered to be a reference to
a period of leave under a covered provision; and
(B) the person's employer shall not designate the
period of absence as such a period of leave,
unless the person requests and obtains the leave under the
corresponding covered provision.
(2) Definition.--In this subsection, the term ''covered
provision'' means--
(A) title I of the Family and Medical Leave Act of
1993 (29 U.S.C. 2601 et seq.), including the
application of that title under the Congressional
Accountability Act of 1995 (2 U.S.C. 1301 et seq.) and
chapter 5 of title 3, United States Code; and
(B) subchapter V of chapter 63 of title 5, United
States Code.

SEC. 4. SUSPENSION, TERMINATION, OR DEBARMENT OF CONTRACTORS FOR
REPEATED VIOLATIONS OF EMPLOYMENT OR REEMPLOYMENT RIGHTS
OF MEMBERS OF UNIFORMED SERVICES.

(a) In General.--Subchapter III of chapter 43 of title 38, United
States Code, as amended by section 2, is further amended by adding at
the end the following new section:
''Sec. 4329. Suspension, termination, or debarment of contractors
''(a) Grounds for Suspension, Termination, or Debarment.--Payment
under a contract awarded by a Federal executive agency may be suspended
and the contract may be terminated, and the contractor who made the
contract with the agency may be suspended or debarred in accordance
with the requirements of this section, if the head of the agency
determines that the contractor as an employer has repeatedly failed or
refused to comply with a provision of this chapter.
''(b) Conduct of Suspension, Termination, and Debarment
Proceedings.--A contracting officer who determines in writing that
cause for suspension of payments, termination, or suspension or
debarment exists shall initiate an appropriate action, to be conducted
by the agency concerned in accordance with applicable law, including
Executive Order 12549 or any superseding executive order, the Federal
Acquisition Regulation, and any other regulations prescribed to
implement the law or executive order.
''(c) Effect of Debarment.--A contractor debarred by a final
decision under this section is ineligible for award of a contract by a
Federal executive agency, and for participation in a future procurement
by a Federal executive agency, for a period specified in the decision,
not to exceed 5 years.''.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 43 of such title, as amended by section 2, is further amended
by inserting after the item relating to section 4328, as added by such
section, the following new item:

''4329. Suspension, termination, or debarment of contractor.''.
(c) Regulations.--Not later than 180 days after the date of the
enactment of this Act, the Federal Acquisition Regulatory Council shall
amend the Federal Acquisition Regulation to carry out section 4329 of
title 38, United States Code, as added by subsection (a).
(d) Effective Date.--Section 4329 of title 38, United States Code,
as added by subsection (a), shall apply with respect to failures and
refusals to comply with provisions of chapter 43 of such title
occurring on or after the date of the enactment of this Act.
Output:
Servicemember Employment Protection Act of 2012 - Makes unenforceable any clause of an agreement between an employer and employee requiring arbitration of a dispute arising under the Uniformed Services Employment and Reemployment Rights Act (USERRA). Provides an exception when both parties voluntarily agree to arbitration. Requires any issue as to whether such requirement applies to an arbitration clause to be determined by federal law and the validity or enforceability of an agreement to arbitrate to be determined by a court rather than an arbitrator.

Protects under USERRA an individual who is absent from employment in order to receive medical or dental treatment for an injury or illness incurred or aggravated in the line of duty.

Authorizes the suspension, termination, or debarment of federal contractors for repeated failures or refusals to comply with USERRA protections.