H.R. 2195House117th Congress (2021-2023)In Committee

Protecting the Employment Rights of Servicemembers Act

AI-Generated Summary

Updated February 8, 2026 at 1:07 AM UTC

The Protecting the Employment Rights of Servicemembers Act updates Title 38 of the U.S. Code to make clear that servicemembers’ procedural protections are treated as enforceable rights and benefits. It also limits the use of forced arbitration for employment‑related claims, ensuring any arbitration must be truly voluntary. The changes affect uniformed service members and their civilian employers.

Key Provisions

Amends 38 U.S.C. § 4303(2) to state that any procedural protections in the chapter are considered a right or benefit subject to protection.
Adds language to 38 U.S.C. § 4302 stating that arbitration agreements for claims under this chapter are unenforceable unless all parties voluntarily consent after a complaint is filed, and consent is not voluntary if tied to employment conditions.

Legislative Activity

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6 earlier actions

HouseCommittee Latest Action

Committee Consideration and Mark-up Session Held.

Veterans' Affairs Committee

May 4, 2021

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HouseIntro Referral

Introduced in House

March 26, 2021

HouseIntro Referral

Referred to the House Committee on Veterans' Affairs.

Veterans' Affairs Committee

March 26, 2021

HouseCommittee

Referred to the Subcommittee on Economic Opportunity.

Economic Opportunity Subcommittee

April 13, 2021

HouseCommittee

Subcommittee Hearings Held.

Economic Opportunity Subcommittee

April 14, 2021

HouseCommittee

Ordered to be Reported by the Yeas and Nays: 16 - 11.

Veterans' Affairs Committee

May 4, 2021

HouseCommittee

Subcommittee on Economic Opportunity Discharged.

Veterans' Affairs Committee

May 4, 2021

HouseCommittee

Committee Consideration and Mark-up Session Held.

Veterans' Affairs Committee

May 4, 2021

Bill Text

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Introduced in HouseIssued March 26, 2021

117th CONGRESS

1st Session

H. R. 2195

IN THE HOUSE OF REPRESENTATIVES

March 26, 2021

Mr. Cicilline (for himself, Mr. Takano, Mr. Reschenthaler, and Mr. Golden) introduced the following bill; which was referred to the Committee on Veterans' Affairs

A BILL

To amend title 38, United States Code, to clarify the scope of procedural rights of members of the uniformed services with respect to their employment and reemployment rights, and for other purposes.

Short title

This Act may be cited as the Protecting the Employment Rights of Servicemembers Act.

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.