[Congressional Record Volume 171, Number 133 (Friday, August 1, 2025)]
[Senate]
[Page S5234]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 3451. Mr. BLUMENTHAL submitted an amendment intended to be 
proposed by him to the bill S. 2296, to authorize appropriations for 
fiscal year 2026 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 X, insert the following:

     SEC. 10__. 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 5--ARBITRATION OF SERVICEMEMBER AND VETERAN DISPUTES

``Sec.
``501. Definitions.
``502. No validity or enforceability.

     ``Sec. 501. 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. 502. 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.
       ``(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'';
       (B) in section 2, by inserting ``or 5'' before the period 
     at the end;
       (C) in section 208, in the second sentence, by inserting 
     ``or 5'' before the period at the end; and
       (D) in section 307, in the second sentence, by inserting 
     ``or 5'' before the period at the end.
       (2) Table of chapters.--The table of chapters of title 9, 
     United States Code, is amended by adding at the end the 
     following:

``5. Arbitration of servicemember and veteran disputes.......501''.....

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