S.Amdt. 4180

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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