S.Amdt. 832

SA 832. Ms. MURKOWSKI (for herself and Mr. Blumenthal) submitted an
amendment intended to be proposed by her to the bill S. 1790, to
authorize appropriations for fiscal year 2020 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, insert the following:

SEC. _____. JUSTICE FOR SERVICEMEMBERS.

(a) Short Title.--This section may be cited as the
``Justice for Servicemembers Act''.
(b) Purposes.--The purposes of this section 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, and 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).
(c) Arbitration of Disputes Involving the Rights of
Servicemembers and Veterans.--
(1) 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) 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; and
``(2) 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,

[[Page S4191]]

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.''.
(2) Technical and conforming amendments.--
(A) In general.--Title 9 of the United States Code is
amended--
(i) 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.)'';
(ii) in section 2 by inserting ``or as otherwise provided
in chapter 4'' before the period at the end;
(iii) 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

(iv) 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.''.

(B) Table of sections.--
(i) 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.''.

(ii) 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.''.

(C) 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''.....

(d) Limitation on Waiver of Rights and Protections Under
Servicemembers Civil Relief Act.--
(1) Amendments.--Section 107(a) of the Servicemembers Civil
Relief Act (50 U.S.C. 3918(a)) is amended--
(A) 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
(B) 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.
(2) Application of amendments.--The amendments made by
paragraph (1) shall apply with respect to waivers made on or
after the date of the enactment of this Act.
(e) 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
enactment of this Act.
______