[Congressional Record Volume 167, Number 199 (Tuesday, November 16, 2021)]
[Senate]
[Page S8247]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 4663. Mr. BLUMENTHAL (for himself and Ms. Murkowski) submitted an 
amendment intended to be proposed to amendment SA 3867 submitted by Mr. 
Reed and intended to be proposed to the bill H.R. 4350, to authorize 
appropriations for fiscal year 2022 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 appropriate place in title VI, insert the 
     following:

  Subtitle __--Arbitration Rights of Members of the Armed Forces and 
                                Veterans

     SEC. 6___. SHORT TITLE.

       This subtitle may be cited as the ``Justice for 
     Servicemembers Act of 2021''.

     SEC. 6___. PURPOSES.

       The purposes of this subtitle 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, or 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. 6___. 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) Predispute arbitration agreement.--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.
       ``(2) Predispute joint-action waiver.--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, 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. 6___. 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. 6___. APPLICABILITY.

       This subtitle, and the amendments made by this subtitle, 
     shall apply with respect to any dispute or claim that arises 
     or accrues on or after the date of the enactment of this Act.
                                 ______