,,ii  #aacth ,,congress  #b;d ,session  
,s4 #bcic  ,,in ,,the ,,senate ,,of     
,,the ,,united ,,states  ,may #bb1 #bjad
 ,mr4 ,pryor 7for himself and ,ms4      
,murkowski7 introduced the following    
bill2 which was read twice and referred 
to the ,committee on ,veterans' ,affairs
  ,a ,,bill  ,to amend title #ch1       
,united ,states ,code1 to improve the   
protection and 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 ,servicemember     
,employment ,protection ,act of #bjad4  
#b4  ,unenforceability of agreements to 
arbitrate disputes arising under        
,,userra  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#a7 shall be determined by a     
court1 rather than the arbitrator1      
regardless 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 at the beginning of such       
chapter is amended by inserting after   
the item relating to section #dcbg 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  #c4       
,expansion of employment and            
reemployment rights of members of       
uniformed services to include protection
 for absences from employment for       
medical treatment relating to           
service-connected injuries and illnesses
  7a7  ,in general  ,section #dcjc7ac7  
of title #ch1 ,united ,states ,code1 is 
amended by inserting a period for which 
a person is absent from a position of   
employment for the purpose of medical or
 dental treatment for an injury or      
illness incurred or aggravated in line  
of duty during a period of service in   
the uniformed services1 after any such  
duty14  7b7  ,,fmla  7#a7  ,rule of     
construction  ,for purposes of that     
section #dcjc7ac7 and each covered      
provision--  7,a7 the reference in that 
section #dcjc7ac7 to a period for which 
a person is absent from a position of   
employment for the purpose of medical or
 dental treatment shall not be          

considered to be a reference to a period
 of leave under a covered provision2 and
  7,b7 the person's employer shall not  
designate the period of absence as such 
a period of leave1  unless the person   
requests and obtains the leave under the
 corresponding covered provision4  7#b7 
,definition  ,in this subsection1 the   
term covered provision means--  7,a7    
title ,i of the ,family and ,medical    
,leave ,act of #aiic 7#bi ,u4,s4,c4     
#bfja et seq471 including the           
application of that title under the     
,congressional ,accountability ,act of  
#aiie 7#b ,u4,s4,c4 #acja et seq47 and  
chapter #e of title #c1 ,united ,states 
,code2 and  7,b7 subchapter ,v of       
chapter #fc of title #e1 ,united ,states
 ,code4  #d4  ,suspension1 termination1 
or debarment of contractors for repeated
 violations of employment or            
reemployment rights of members of       
uniformed services  7a7  ,in general    
,subchapter ,,iii of chapter #dc of     
title #ch1 ,united ,states ,code1 as    

amended by section #b1 is further       
amended by adding at the end the        
following new section3  #dcbi4          
,suspension1 termination1 or debarment  
of contractors  7a7  ,grounds for       
suspension1 termination1 or debarment   
,payment under a contract awarded by a  
,federal executive agency may be        
suspended and the contract may be       
terminated1 and the contractor who made 
the contract with the agency may be     
suspended or debarred in accordance with
 the requirements of this section1 if   
the head of the agency determines that  
the contractor as an employer has       
repeatedly failed or refused to comply  
with a provision of this chapter4  7b7  
,conduct of suspension1 termination1 and
 debarment proceedings  ,a contracting  
officer who determines in writing that  
cause for suspension of payments1       
termination1 or suspension or debarment 
exists shall initiate an appropriate    
action1 to be conducted by the agency   
concerned in accordance with applicable 

law1 including ,executive ,order #abedi 
or any superseding ,executive order1 the
 ,federal ,acquisition ,regulation1 and 
any other regulations prescribed to     
implement the law or ,executive order4  
7c7  ,effect of debarment  ,a contractor
 debarred by a final decision under this
 section is ineligible for award of a   
contract by a ,federal executive agency1
 and for participation in a future      
procurement by a ,federal executive     
agency1 for a period specified in the   
decision1 not to exceed #e years4  4    
7b7  ,clerical amendment  ,the table of 
sections at the beginning of chapter #dc
 of such title1 as amended by section   
#b1 is further amended by inserting     
after the item relating to section      
#dcbh1 as added by such section1 the    
following new item3  #dcbi4 ,suspension1
 termination1 or debarment of           
contractor4  4  7c7  ,regulations  ,not 
later than #ahj days after the date of  
the enactment of this ,act1 the ,federal
 ,acquisition ,regulatory ,council shall

 amend the ,federal ,acquisition        
,regulation to carry out section #dcbi  
of title #ch1 ,united ,states ,code1 as 
added by subsection 7a74  7d7           
,effective date  ,section #dcbi of title
 #ch1 ,united ,states ,code1 as added by
 subsection 7a71 shall apply with       
respect to failures and refusals to     
comply with provisions of chapter #dc of
 such title occurring on or after the   
date of the enactment of this ,act4