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.
[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2196 Introduced in House (IH)]
<DOC>
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
Committee 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 jurisdiction 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 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.
<all>
Introduced in House
Introduced in House
Referred to the Committee 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 jurisdiction of the committee concerned.
Referred to the Committee 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 jurisdiction of the committee concerned.
Referred to the Subcommittee on Economic Opportunity.
Referred to the Subcommittee on Antitrust, Commercial, and Administrative Law.
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