[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 2459 Introduced in Senate (IS)]
<DOC>
116th CONGRESS
1st Session
S. 2459
To amend title 9, United States Code, to prohibit predispute
arbitration agreements that force arbitration of certain disputes
arising from claims of servicemembers and veterans.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
__________
Ms. Murkowski (for herself, Mr. Reed, and Mr. Graham) introduced the
following bill; which was read twice and referred to the Committee on
Veterans' Affairs
_______________________________________________________________________
A BILL
To amend title 9, 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, United States Code, and the
Servicemembers Civil Relief Act (50 U.S.C. 3901 et seq.); 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 the laws described in paragraph
(1).
SEC. 3. ARBITRATION OF DISPUTES INVOLVING THE RIGHTS OF SERVICEMEMBERS
AND VETERANS.
(a) In General.--Title 9, 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 (50 U.S.C. 3901 et seq.).
``(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
(50 U.S.C. 3901 et seq.)'';
(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 for 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 for 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...... 401''.
SEC. 4. LIMITATION ON WAIVER OF RIGHTS AND PROTECTIONS UNDER
SERVICEMEMBERS CIVIL RELIEF ACT.
(a) Amendments.--Section 107(a) of the Servicemembers 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. APPLICABILITY.
This Act, and the amendments made by this Act, shall apply with
respect to any dispute or claim that arises or accrues on or after the
date of enactment of this Act.
<all>
Justice for Servicemembers Act
#2459 | S Congress #116
Policy Area: Law
Last Action: Read twice and referred to the Committee on Veterans' Affairs. (9/10/2019)
Bill Text Source: Congress.gov
Summary and Impacts
Original Text