,i  #aacth ,,congress  #b;d ,session    
,h4 ,r4 #ecge  ,,in ,,the ,,house ,,of  
,,representatives  ,july #ca1 #bjad ,ms4
 ,schwartz 7for herself1 ,mr4 ,doyle1   
,mr4 ,connolly1 ,mr4 ,cartwright1 ,mr4  
,brady of ,pennsylvania1 ,mr4 ,fattah1  
,mr4 ,courtney1 and ,ms4 ,bonamici7     
introduced the following bill2 which was
 referred to the ,committee on          
,veterans' ,affairs1 and in addition to 
the ,committees on ,armed ,services and 
,oversight and ,government ,reform1 for 
a period to be subsequently determined  
by the ,speaker1 in each case for       
consideration of such provisions as fall
 within the jurisdiction of the         
committee concerned  ,a ,,bill  ,to     
amend title #ch1 ,united ,states ,code1 
to improve the enforcement of employment
 and reemployment rights of members of  
the uniformed services1 and for other   
purposes4  #a4 ,short title ,this ,act  
may be cited as the ,servicemembers     
,access to ,justice ,act of #bjad4  #b4 
,waiver of sovereign immunity under the 

eleventh ,amendment with respect to     
enforcement of employment and           
reemployment rights of members of the   
uniformed services  7a7 ,in general     
,section #dcbc of title #ch1 ,united    
,states ,code1 is amended--  7#a7 in    
subsection 7b71 by striking paragraph   
7#b7 and inserting the following new    
paragraph3  7#b7 ,in the case of an     
action against a ,state 7as an employer7
 by a person1 the action may be brought 
in the appropriate district court of the
 ,united ,states or ,state court of     
competent jurisdiction4  2  7#b7 by     
redesignating subsection 7i7 as         
subsection 7j72 and  7#c7 by inserting  
after subsection 7h7 the following new  
subsection3  7i7 ,waiver of ,state      
sovereign immunity  7#a7 ,a ,state's    
receipt or use of ,federal financial    
assistance for any program or activity  
of a ,state shall constitute a waiver of
 sovereign immunity1 under the eleventh 
amendment to the ,constitution or       
otherwise1 to a suit brought by--  7,a7 

a person who is or was an employee in   
that program or activity for the rights 
or benefits authorized the person by    
this chapter2  7,b7 a person applying to
 be such an employee in that program or 
activity for the rights or benefits     
authorized the person by this chapter2  
or  7,c7 a person seeking reemployment  
as an employee in that program or       
activity for the rights or benefits     
authorized the person by this chapter4  
7#b7 ,in this subsection1 the term      
program or activity has the meaning     
given that term in section #cji of the  
,age ,discrimination ,act of #aige 7#db 
,u4,s4,c4 #fajg74  4  7b7 ,application  
,the amendments made by subsection 7a7  
shall apply to--  7#a7 any failure to   
comply with a provision of or any       
violation of chapter #dc of title #ch1  
,united ,states ,code1 that occurs      
before1 on1 or after the date of the    
enactment of this ,act2 and  7#b7 to all
 actions or complaints filed under such 
chapter #dc that are commenced after the

 date of the enactment of this ,act4    
#c4 ,unenforceability of agreements to  
arbitrate disputes regarding employment 
and reemployment rights of members of   
the uniformed services  7a7 ,in general 
,subchapter ,,iii of chapter #dc of     
title #ch1 ,united ,states ,code1 is    
amended by adding at the end the        
following new section3  #dcbh4          
,unenforceability of agreements to      
arbitrate disputes  7a7 ,protection of  
employee rights ,notwithstanding any    
other provision of law1 any clause of   
any agreement between an employer and an
 employee that requires arbitration of a
 dispute arising under this chapter     
shall not be enforceable4  7b7          
,exceptions  7#a7 ,subsection 7a7 shall 
not apply with respect to any dispute   
if1 after such dispute arises1 the      
parties involved knowingly and          
voluntarily agree to submit such dispute
 to arbitration4  7#b7 ,subsection 7a7  
shall not preclude the enforcement of   
any of the rights or terms of a valid   

collective bargaining agreement4  7c7   
,validity and enforcement ,any issue as 
to whether this section applies to an   
arbitration clause shall be determined  
by ,federal law4 ,except as otherwise   
provided in chapter #a of title #i1 the 
validity or enforceability of an        
agreement to arbitrate referred to in   
subsection 7a7 or 7b77#a71 shall be     
determined by a court1 rather than the  
arbitrator1 irrespective of whether the 
party resisting arbitration challenges  
the agreement to arbitrate specifically 
or in conjunction with other terms of   
the agreement4  7d7 ,application ,this  
section shall apply with respect to all 
contracts and agreements between an     
employer and an employee in force       
before1 on1 or after the date of the    
enactment of this section4  4  7b7      
,clerical amendment ,the table of       
sections for such chapter is amended by 
inserting after the item relating to    
section #dcbf the following new item3   
#dcbh4 ,unenforceability of agreements  

to arbitrate disputes4  4  7c7          
,application ,the provisions of section 
#dcbh of title #ch1 ,united ,states     
,code1 as added by subsection 7a71 shall
 apply to--  7#a7 any failure to comply 
with a provision of or any violation of 
chapter #dc of title #ch1 ,united       
,states ,code1 that occurs before1 on1  
or after the date of the enactment of   
this ,act2 and  7#b7 to all actions or  
complaints filed under such chapter #dc 
that are pending on or after the date of
 the enactment of this ,act4  #d4       
,enhanced remedies for enforcement of   
employment and reemployment rights of   
members of the uniformed services  7a7  
,state and private employers ,section   
#dcbc7;d7 of title #ch1 ,united ,states 
,code1 is amended--  7#a7 by            
redesignating paragraphs 7#b7 and 7#c7  
as paragraphs 7#d7 and 7#e71            
respectively2  7#b7 in paragraph 7#d7   
7as so redesignated7--  7,a7 by         
inserting or damages after compensation 
each place it appears2  7,b7 by striking

 subparagraph 7,b7 or 7,c7 of paragraph 
7#a7 the first place it appears and     
inserting paragraph 7#a7 or 7#c72 and   
7,c7 by striking subparagraph 7,b7 or   
7,c7 of paragraph 7#a7 the second place 
it appears and inserting paragraph 7#a7 
or 7#c72 and  7#c7 by striking the      
subsection enumerator and heading and   
paragraph 7#a7 and inserting the        
following3  7d7 ,remedies  7#a7 ,a      
,state or private employer who violates 
the provisions of this chapter shall be 
liable to any person affected--  7,a7   
for damages in the amount of--  7i7 any 
wages1 salary1 benefits1 or other       
compensation denied or lost by such     
person by reason of the violation2 or   
7ii7 in a case in which wages1 salary1  
benefits1 or other compensation have not
 been denied or lost to the person1 any 
actual monetary losses sustained by the 
person as a result of the violation2    
7,b7 the interest on the amount         
described in subparagraph 7,a7          
calculated at the prevailing interest   

rates over the period of time for which 
the damages are due2 and  7,c7 an       
additional amount as liquidated damages 
equal to the sum of the amount described
 in subparagraph 7,a7 and the interest  
described in subparagraph 7,b71 or      
#aj1jjj1 whichever is greater except    
that1 if the employer proves to the     
satisfaction of the court that the act  
or omission giving rise to the person's 
action was in good faith and that the   
employer had reasonable grounds for     
believing the act or omission was not a 
violation of the provisions of this     
chapter1 the court may award1 in its    
discretion1 no liquidated damages or    
award any amount of liquidated damages  
not to exceed #ajj percent of the       
compensation or damages awarded under   
subparagraph 7,a7 and the interest      
described in subparagraph 7,b74  7#b7   
,in any action under this section1 the  
court may require the employer to comply
 with the provisions of this chapter4  4
  7b7 ,punitive damages ,section        

#dcbc7;d7 of such title is further      
amended by inserting after paragraph    
7#b7 7as inserted by subsection 7a77#c7 
of this section7 the following new      
paragraph3  7#c7 ,in the case of a      
violation of this chapter by a ,state or
 private employer with #be or more      
employees1 the court shall require the  
employer to pay the person affected     
punitive damages if the court determines
 that the employer's violation of this  
chapter was done with malice or reckless
 indifference to the rights of the      
person under this chapter4  4  7c7      
,right to jury trial ,section #dcbc7;d7 
of such title is further amended by     
adding at the end the following3  7#f7  
,a person who commences an action under 
this section shall be entitled to a     
trial by jury4  4  7d7 ,federal         
,government employers ,paragraph 7#b7 of
 section #dcbd7;c7 of such title is     
amended to read as follows3  7#b7 ,if   
the ,board determines that a ,federal   
executive agency or the ,office of      

,personnel ,management has violated the 
provisions of this chapter relating to  
the employment or reemployment of a     
person by the agency1 the ,board shall  
enter an order requiring the agency or  
,office to comply with such provisions  
and to compensate such person--  7,a7   
for damages in the amount of--  7i7 any 
wages1 salary1 benefits1 or other       
compensation denied or lost by such     
person by reason of the violation2 or   
7ii7 in a case in which wages1 salary1  
benefits1 or other compensation has not 
been denied or lost to the person1 any  
actual monetary losses sustained by the 
person as a result of the violation2    
7,b7 the interest on the amount         
described in subparagraph 7,a7          
calculated at the prevailing interest   
rates over the period of time for which 
the damages are due2 and  7,c7 an       
additional amount as liquidated damages 
equal to the sum of the amount described
 in subparagraph 7,a7 and the interest  
described in subparagraph 7,b71 or      

#aj1jjj1 whichever is greater2 except   
that1 if the ,federal executive agency  
or the ,office of ,personnel ,management
 proves to the satisfaction of the      
,board that the act or omission giving  
rise to such person's complaint was in  
good faith and that the agency or       
,office had reasonable grounds for      
believing that the act or omission was  
not a violation of the provisions of    
this chapter1 the ,board may award1 in  
the discretion of the ,board1 no        
liquidated damages or award any amount  
of liquidated damages not to exceed #ajj
 percent of the compensation or damages 
awarded under subparagraph 7,a7 and the 
interest described in subparagraph 7,b74
  4  7e7 ,application ,the amendments   
made by this section shall apply to--   
7#a7 any failure to comply with a       
provision of or any violation of chapter
 #dc of title #ch1 ,united ,states      
,code1 that occurs before1 on1 or after 
the date of the enactment of this ,act2 
and  7#b7 to all actions or complaints  

filed under such chapter #dc that are   
commenced after the date of the         
enactment of this ,act4  #e4 ,required  
award of attorney fees in actions to    
enforce employment and reemployment     
rights of members of the uniformed      
services  7a7 ,enforcement of rights    
with respect to a ,state or private     
employer ,section #dcbc7;h77#b7 of title
 #ch1 ,united ,states ,code1 is amended 
by striking may and inserting shall4    
7b7 ,enforcement of rights with respect 
to ,federal executive agencies ,section 
#dcbd7;c77#d7 of such title is amended  
by striking the ,board may1 in its      
discretion1 award and inserting the     
,board shall award4  7c7 ,application   
,the amendments made by subsections 7a7 
and 7b7 shall apply to--  7#a7 any      
failure to comply with a provision of or
 any violation of chapter #dc of title  
#ch1 ,united ,states ,code1 that occurs 
before1 on1 or after the date of the    
enactment of this ,act2 and  7#b7 all   
actions or complaints filed under such  

chapter #dc that are pending on or after
 the date of the enactment of this ,act4
  #f4 ,requiring equitable relief when  
appropriate  7a7 ,in general ,section   
#dcbc7;e7 of title #ch1 ,united ,states 
,code1 is amended--  7#a7 by striking   
,the court shall use1 and inserting 7#a7
 ,the court shall use12 and  7#b7 by    
adding at the end the following new     
paragraph3  7#b7 ,notwithstanding rule  
#fe of the ,federal ,rules of ,civil    
,procedure or any other provision of    
law1 for purposes of determining whether
 to issue an injunction or restraining  
order pursuant to paragraph 7#a7--  7,a7
 an employer's denial of reemployment or
 retention in employment shall          
constitute irreparable harm to a person 
who is denied reemployment or retention 
in employment if an injunction to       
reinstate such person is not issued1 and
 such person shall be considered to have
 no adequate remedy at law2  7,b7 if the
 court balances the hardships between   
the parties1 there shall be a rebuttable

 presumption that the balance of harm to
 a person who is denied reemployment or 
retention in employment if an injunction
 to reinstate such person is not issued 
outweighs the harm to such person's     
employer or former employer if an       
injunction is issued to reinstate such  
person2 and  7,c7 if the court considers
 the public interest or public policy1  
there shall be a rebuttable presumption 
that the issuance of an injunction to   
reinstate a person who is denied        
reemployment or retention in employment 
is in the public interest and advances  
public policy4  4  7b7 ,application ,the
 amendments made by subsection 7a7 shall
 apply to--  7#a7 any failure to comply 
with a provision of or any violation of 
chapter #dc of title #ch1 ,united       
,states ,code1 that occurs before1 on1  
or after the date of the enactment of   
this ,act2 and  7#b7 to all actions or  
complaints filed under such chapter #dc 
that are pending on or after the date of
 the enactment of this ,act4  #g4       

,requirement that ,federal agencies     
provide notice to contractors of        
potential obligations relating to       
employment and reemployment rights of   
members of the uniformed services  7a7  
,civilian agencies  7#a7 ,in general    
,chapter #dg of title #da1 ,united      
,states ,code1 is amended by adding at  
the end the following new section3      
#dgac4 ,notice to contractors of        
potential obligations relating to       
employment and reemployment rights of   
members of the uniformed services ,each 
contract for the procurement of property
 or services that is entered into by the
 head of an executive agency shall      
include a notice to the contractor that 
the contractor may have obligations     
under chapter #dc of title #ch1 ,united 
,states ,code4  4  7#b7 ,clerical       
amendment ,the table of sections at the 
beginning of chapter #dg of such title  
is amended by inserting after the item  
relating to section #dgab the following 
new item3  #dgac4 ,notice to contractors

 of potential obligations relating to   
employment and reemployment rights of   
members of the uniformed services4  4   
7b7 ,armed ,forces  7#a7 ,in general    
,chapter #acg of title #aj1 ,united     
,states ,code1 is amended by adding at  
the end the following new section3      
#bcch4 ,notice to contractors of        
potential obligations relating to       
employment and reemployment rights of   
members of the uniformed services ,each 
contract for the procurement of property
 or services that is entered into by the
 head of an executive agency shall      
include a notice to the contractor that 
the contractor may have obligations     
under chapter #dc of title #ch4  4  7#b7
 ,clerical amendment ,the table of      
sections for such chapter is amended by 
adding at the end the following new     
item3  #bcch4 ,notice to contractors of 
potential obligations relating to       
employment and reemployment rights of   
members of the uniformed services4  4   
#h4 ,clarifying that provisions of      

section #dcjb of title #ch1 ,united     
,states ,code1 apply to both substantive
 and procedural rights ,section #dcjb of
 title #ch1 ,united ,states ,code1 is   
amended by inserting substantive or     
procedural before right or benefit each 
place it occurs4  #i4 ,comptroller      
,general of the ,united ,states study on
 effectiveness of ,federal programs of  
education and outreach on employer      
obligations regarding employment and    
reemployment rights of members of the   
uniformed services  7a7 ,study required 
,the ,comptroller ,general of the       
,united ,states shall conduct a study on
 the effectiveness of ,federal programs 
of education and outreach on employer   
obligations under chapter #dc of title  
#ch1 ,united ,states ,code4  7b7        
,contents of study ,in carrying out the 
study required by subsection 7a71 the   
,comptroller ,general shall--  7#a7     
assess current practices and procedures 
of ,federal agencies for educating      
employers about their obligations under 

chapter #dc of title #ch1 ,united       
,states ,code2  7#b7 identify best      
practices for bringing the employment   
practices of small businesses into      
compliance with such chapter2  7#c7     
determine whether the ,employer ,support
 for the ,guard and ,reserve1 the ,small
 ,business ,administration1 or other    
agencies could collaborate to develop a 
program to educate employers regarding  
their obligations under such chapter2   
and  7#d7 determine the effect on       
recruitment and retention in the        
,national ,guard and ,reserves of the   
failure of employers to meet their      
reemployment obligations under such     
chapter4  7c7 ,report to ,congress ,not 
later than ,december #ca1 #bjae1 the    
,comptroller ,general shall submit to   
,congress a report on the study         
conducted under subsection 7a71         
including the following3  7#a7 ,the     
findings of the ,comptroller ,general   
with respect to such study4  7#b7 ,the  
recommendations of the ,comptroller     

,general for the improvement of         
education and outreach for employers    
with respect to their obligations under 
chapter #dc of title #ch1 ,united       
,states ,code4