Justice for Ser­vice­mem­bers Act of 2020

I 116TH CONGRESS 2D SESSION H. R. 8207 To amend title 38, United States Code, to clarify the scope of procedural rights of members of the uniformed services with respect to their employ- ment and reemployment rights, and for other purposes. IN THE HOUSE OF REPRESENTATIVES SEPTEMBER 11, 2020 Mr. CICILLINE (for himself, Mr. TAKANO, Mr. RESCHENTHALER, Mr. GOLD- EN, Mrs. DAVIS of California, Mr. WILSON of South Carolina, and Mr. JOHNSON of Georgia) 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 serv- ices with respect to their employment and reemployment rights, and for other purposes. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Justice for Service- 4 members Act of 2020’’. 5 VerDate Sep 11 2014 03:47 Sep 15, 2020 Jkt 099200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H8207.IH H8207 SSpencer on DSK126QN23PROD with BILLS 2 •HR 8207 IH SEC. 2. CLARIFICATIONS REGARDING SCOPE OF EMPLOY- 1 MENT AND REEMPLOYMENT RIGHTS OF MEM- 2 BERS OF THE UNIFORMED SERVICES. 3 (a) CLARIFICATION REGARDING DEFINITION OF 4 RIGHTS AND BENEFITS.—Section 4303(2) of title 38, 5 United States Code, is amended— 6 (1) by inserting ‘‘(A)’’ before ‘‘The term’’; and 7 (2) by adding at the end the following new sub- 8 paragraph: 9 ‘‘(B) Any procedural protections or provisions 10 set forth in this chapter shall also be considered a 11 right or benefit subject to the protection of this 12 chapter.’’. 13 (b) CLARIFICATION REGARDING RELATION TO 14 OTHER LAW AND PLANS FOR AGREEMENTS.—Section 15 4302 of such title is amended by adding at the end the 16 following: 17 ‘‘(c)(1) Pursuant to this section and the procedural 18 rights afforded by subchapter III of this chapter, any 19 agreement to arbitrate a claim under this chapter is unen- 20 forceable, unless all parties consent to arbitration after a 21 complaint on the specific claim has been filed in court or 22 with the Merit Systems Protection Board and all parties 23 knowingly and voluntarily consent to have that particular 24 claim subjected to arbitration. 25 VerDate Sep 11 2014 03:47 Sep 15, 2020 Jkt 099200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H8207.IH H8207 SSpencer on DSK126QN23PROD with BILLS 3 •HR 8207 IH ‘‘(2) For purposes of this subsection, consent shall 1 not be considered voluntary when a person is required to 2 agree to arbitrate an action, complaint, or claim alleging 3 a violation of this chapter as a condition of future or con- 4 tinued employment, advancement in employment, or re- 5 ceipt of any right or benefit of employment.’’. 6 Æ VerDate Sep 11 2014 03:47 Sep 15, 2020 Jkt 099200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6301 E:\BILLS\H8207.IH H8207 SSpencer on DSK126QN23PROD with BILLS