S.Amdt. 3451

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.
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