[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5312 Introduced in House (IH)]







110th CONGRESS
  2d Session
                                H. R. 5312

To amend chapter 1 of title 9 of the United States Code with respect to 
                 arbitration of certain controversies.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            February 7, 2008

   Ms. Linda T. Sanchez of California (for herself, Mr. Conyers, Mr. 
Cohen, Mr. Watt, Ms. Zoe Lofgren of California, Mr. Johnson of Georgia, 
  Mr. Kucinich, Ms. Wasserman Schultz, Mr. Wexler, and Mr. Delahunt) 
 introduced the following bill; which was referred to the Committee on 
                             the Judiciary

_______________________________________________________________________

                                 A BILL


 
To amend chapter 1 of title 9 of the United States Code with respect to 
                 arbitration of certain controversies.

    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 ``Automobile Arbitration Fairness Act 
of 2008''.

SEC. 2. AMENDMENTS.

    (a) Requirements for Arbitration of Certain Controversies.--Chapter 
1 of title 9, United States Code, is amended by adding at the end the 
following:
``Sec. 17. Requirements applicable to certain controversies
    ``(a) Definitions.--For purposes of this section--
            ``(1) the term `motor vehicle' has the meaning given such 
        term in section 30102 of title 49; and
            ``(2) the term `motor vehicle consumer sales or lease 
        contract' means a contract under which a person regularly 
        engaged in the business of selling motor vehicles sells or 
        leases a motor vehicle to an individual.
    ``(b) Requirements.--
            ``(1) Required consent.--Notwithstanding any other 
        provision of this chapter or of any other law (excluding 
        chapters 2 and 3 of this title), a controversy described in 
        subsection (c) may not be settled by arbitration unless, after 
        such controversy arises, all the parties to such controversy 
        agree in writing to settle such controversy by arbitration.
            ``(2) Required explanation of arbitration award.--
        Notwithstanding any other provision of this chapter or of any 
        other law (excluding chapters 2 and 3 of this title), at the 
        request of any of such parties made after such controversy 
        arises and before an award is made in an arbitration agreed to 
        in accordance with paragraph (1), such award shall include a 
        brief, informal discussion of the factual and legal basis for 
        the award, but formal findings of fact or conclusions of law 
        shall not be required.
    ``(c)  Controversy Described.--Subsection (b) shall apply with 
respect to a controversy arising out of a motor vehicle consumer sales 
or lease contract as entered into, amended, altered, modified, renewed, 
or extended on or after the date of the enactment of the Automobile 
Arbitration Fairness Act of 2008, or out of a refusal to perform the 
whole or any part of such contract.''.
    (b) Conforming Amendment.--The table of sections in chapter 1 of 
title 9, United States Code, is amended by adding at the end the 
following:

``17. Requirements applicable to certain controversies.''.
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