[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5426 Introduced in House (IH)]

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114th CONGRESS
  2d Session
                                H. R. 5426

    To amend title 38, United States Code, to clarify the scope of 
procedural rights of members of the uniformed services with respect to 
   their employment and reemployment rights, and for other purposes.


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                    IN THE HOUSE OF REPRESENTATIVES

                              June 9, 2016

Mr. Cicilline (for himself, Mr. Jones, Ms. Gabbard, Mr. Wilson of South 
 Carolina, Mr. Cartwright, and Mrs. Walorski) introduced the following 
     bill; which was referred to the Committee on Veterans' Affairs

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                                 A BILL


 
    To amend title 38, United States Code, to clarify the scope of 
procedural rights of members of the uniformed services with respect to 
   their employment and reemployment rights, and for other purposes.

    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 of 
2016''.

SEC. 2. 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 ``(A)'' before ``The term''; and
            (2) by adding at the end the following new subparagraph:
            ``(B) Any procedural protections or provisions set forth in 
        this chapter shall also be considered a right or benefit 
        subject to the protection of 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.''.
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