[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5516 Introduced in House (IH)]

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118th CONGRESS
  1st Session
                                H. R. 5516

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


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                    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.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 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.''.
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