[Congressional Record Volume 162, Number 83 (Wednesday, May 25, 2016)]
[Senate]
[Page S3205]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 4180. Mr. BLUMENTHAL (for himself, Mr. Leahy, and Mr. Franken) 
submitted an amendment intended to be proposed by him to the bill S. 
2943, to authorize appropriations for fiscal year 2017 for military 
activities of the Department of Defense, for military construction, and 
for defense activities of the Department of Energy, to prescribe 
military personnel strengths for such fiscal year, and for other 
purposes; which was ordered to lie on the table; as follows:

       At the end of subtitle I of title X, add the following:

     SEC. ____. 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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