Text: S.3042 — 114th Congress (2015-2016)All Bill Information (Except Text)

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Introduced in Senate (06/09/2016)


114th CONGRESS
2d Session
S. 3042


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.


IN THE SENATE OF THE UNITED STATES

June 9, 2016

Mr. Blumenthal (for himself, Mr. Leahy, Mr. Franken, and Mr. Durbin) introduced the following bill; which was read twice and 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.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. Short title.

This Act may be cited as the “Justice for Ser­vice­mem­bers Act of 2016”.

SEC. 2. 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.”.