[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4445 Enrolled Bill (ENR)]

        H.R.4445

                    One Hundred Seventeenth Congress

                                 of the

                        United States of America


                          AT THE SECOND SESSION

           Begun and held at the City of Washington on Monday,
          the third day of January, two thousand and twenty-two


                                 An Act


 
 To amend title 9 of the United States Code with respect to arbitration 
       of disputes involving sexual assault and sexual harassment.

    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 ``Ending Forced Arbitration of Sexual 
Assault and Sexual Harassment Act of 2021''.
SEC. 2. PREDISPUTE ARBITRATION OF DISPUTES INVOLVING SEXUAL ASSAULT AND 
SEXUAL HARASSMENT.
    (a) In General.--Title 9 of the United States Code is amended by 
adding at the end the following:

   ``CHAPTER 4--ARBITRATION OF DISPUTES INVOLVING SEXUAL ASSAULT AND 
                           SEXUAL HARASSMENT

``Sec.
``401. Definitions.
``402. No validity or enforceability.

``Sec. 401. Definitions
    ``In this chapter:
        ``(1) Predispute arbitration agreement.--The term `predispute 
    arbitration agreement' means any agreement to arbitrate a dispute 
    that had not yet arisen at the time of the making of the agreement.
        ``(2) Predispute joint-action waiver.--The term `predispute 
    joint-action waiver' means an agreement, whether or not part of a 
    predispute arbitration agreement, that would prohibit, or waive the 
    right of, one of the parties to the agreement to participate in a 
    joint, class, or collective action in a judicial, arbitral, 
    administrative, or other forum, concerning a dispute that has not 
    yet arisen at the time of the making of the agreement.
        ``(3) Sexual assault dispute.--The term `sexual assault 
    dispute' means a dispute involving a nonconsensual sexual act or 
    sexual contact, as such terms are defined in section 2246 of title 
    18 or similar applicable Tribal or State law, including when the 
    victim lacks capacity to consent.
        ``(4) Sexual harassment dispute.--The term `sexual harassment 
    dispute' means a dispute relating to conduct that is alleged to 
    constitute sexual harassment under applicable Federal, Tribal, or 
    State law.
``Sec. 402. No validity or enforceability
    ``(a) In General.--Notwithstanding any other provision of this 
title, at the election of the person alleging conduct constituting a 
sexual harassment dispute or sexual assault dispute, or the named 
representative of a class or in a collective action alleging such 
conduct, no predispute arbitration agreement or predispute joint-action 
waiver shall be valid or enforceable with respect to a case which is 
filed under Federal, Tribal, or State law and relates to the sexual 
assault dispute or the sexual harassment dispute.
    ``(b) Determination of Applicability.--An issue as to whether this 
chapter applies with respect to a dispute shall be determined under 
Federal law. The applicability of this chapter to an agreement to 
arbitrate and the validity and enforceability of an agreement to which 
this chapter applies shall be determined by a court, rather than 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, and 
irrespective of whether the agreement purports to delegate such 
determinations to an arbitrator.''.
    (b) Technical and Conforming Amendments.--
        (1) In general.--Title 9 of the United States Code is amended--
            (A) in section 2, by inserting ``or as otherwise provided 
        in chapter 4'' before the period at the end;
            (B) in section 208--
                (i) in the section heading, by striking ``Chapter 1; 
            residual application'' and inserting ``Application''; and
                (ii) by adding at the end the following: ``This chapter 
            applies to the extent that this chapter is not in conflict 
            with chapter 4.''; and
            (C) in section 307--
                (i) in the section heading, by striking ``Chapter 1; 
            residual application'' and inserting ``Application''; and
                (ii) by adding at the end the following: ``This chapter 
            applies to the extent that this chapter is not in conflict 
            with chapter 4.''.
        (2) Table of sections.--
            (A) Chapter 2.--The table of sections for chapter 2 of 
        title 9, United States Code, is amended by striking the item 
        relating to section 208 and inserting the following:
``208. Application.''.

            (B) Chapter 3.--The table of sections for chapter 3 of 
        title 9, United States Code, is amended by striking the item 
        relating to section 307 and inserting the following:
``307. Application.''.

        (3) Table of chapters.--The table of chapters for title 9, 
    United States Code, is amended by adding at the end the following:
``4. Arbitration of disputes involving sexual assault and sexual 
harassment........................................................401''.

SEC. 3. APPLICABILITY.
    This Act, and the amendments made by this Act, shall apply with 
respect to any dispute or claim that arises or accrues on or after the 
date of enactment of this Act.

                               Speaker of the House of Representatives.

                            Vice President of the United States and    
                                               President of the Senate.