3.0.0 4130 2023-01-11T13:38:22Z 2023-01-11T13:38:22Z House HR 2017-10-25 115 [Congressional Record Volume 163, Number 172 (Wednesday, October 25, 2017)]From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]By Mr. O'ROURKE:H.R. 4130.Congress has the power to enact this legislation pursuantto the following:Article I, Section 8, clause 18[Page H8226]]]> hsju00 Judiciary Committee House Standing hsju05 Administrative State, Regulatory Reform, and Antitrust Subcommittee Referred to 2017-11-14T15:56:46Z Referred to 2017-10-25T14:01:25Z hsif00 Energy and Commerce Committee House Standing hsif17 Innovation, Data, and Commerce Subcommittee Referred to 2017-10-27T20:26:02Z Referred to 2017-10-25T14:01:30Z Mandatory Arbitration Transparency Act of 2017 115 647 S 2017-03-15 Read twice and referred to the Committee on the Judiciary. Identical bill CRS 2017-11-14 hsju05 Administrative State, Regulatory Reform, and Antitrust Subcommittee 1 House committee actions Referred to the Subcommittee on Regulatory Reform, Commercial And Antitrust Law. Committee 2017-10-27 hsif17 Innovation, Data, and Commerce Subcommittee 1 House committee actions Referred to the Subcommittee on Digital Commerce and Consumer Protection. Committee 2017-10-25 Referred to the Committee on the Judiciary, and in addition to the Committee on Energy and Commerce, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned. IntroReferral H11100 2 House floor actions hsif00 Energy and Commerce Committee 2017-10-25 Referred to the Committee on the Judiciary, and in addition to the Committee on Energy and Commerce, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned. IntroReferral H11100 2 House floor actions hsju00 Judiciary Committee 2017-10-25 Introduced in House IntroReferral Intro-H 9 Library of Congress 2017-10-25 Introduced in House IntroReferral 1000 9 Library of Congress O000170 Rep. O'Rourke, Beto [D-TX-16] Beto O'Rourke D TX 16 N Law Alternative dispute resolution, mediation, arbitration Civil actions and liability Consumer affairs Contracts and agency Employment discrimination and employee rights Law 00 2017-10-25 Introduced in House 2018-01-17T16:50:10Z Mandatory Arbitration Transparency Act of 2017

This bill prohibits predispute arbitration agreements from containing a confidentiality clause regarding an employment, consumer, or civil rights dispute that could be interpreted to prohibit a party from: (1) making a communication in a manner such that the prohibition would violate a whistle-blower statute; or (2) reporting or making a communication about tortious conduct, unlawful conduct, or issues of public policy or public concern. But the prohibition shall not apply if a party can demonstrate a confidentiality interest that significantly outweighs the private and public interest in disclosure.

The validity or enforceability of such an agreement to arbitrate shall be determined by a court, under federal law, rather than by an arbitrator, irrespective of whether the party resisting arbitration challenges the arbitration agreement specifically or in conjunction with other terms of the contract containing such agreement.

The bill does not apply to contracts between an employer and a labor organization or between labor organizations, except that no such arbitration provision shall waive the right of an employee to seek judicial enforcement of a right arising under the U.S. Constitution, a state constitution, a federal or state statute, or related public policy.

The Federal Trade Commission shall enforce against violations by persons offering such agreements, which shall be treated as unfair or deceptive acts or practices under Federal Trade Commission Act. The bill also allows private rights of action by any persons aggrieved by a violation.

]]> Mandatory Arbitration Transparency Act of 2017 Display Title Mandatory Arbitration Transparency Act of 2017 Short Titles as Introduced Mandatory Arbitration Transparency Act of 2017 Official Title as Introduced To amend title 9, United States Code, with respect to arbitration. Introduced in House 2017-10-25T04:00:00Z https://www.govinfo.gov/content/pkg/BILLS-115hr4130ih/xml/BILLS-115hr4130ih.xml 2017-11-14 Referred to the Subcommittee on Regulatory Reform, Commercial And Antitrust Law. text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Congressional Research Service, Library of Congress This file contains bill summaries and statuses for federal legislation. A bill summary describes the most significant provisions of a piece of legislation and details the effects the legislative text may have on current law and federal programs. Bill summaries are authored by the Congressional Research Service (CRS) of the Library of Congress. As stated in Public Law 91-510 (2 USC 166 (d)(6)), one of the duties of CRS is "to prepare summaries and digests of bills and resolutions of a public general nature introduced in the Senate or House of Representatives". For more information, refer to the User Guide that accompanies this file.