[Congressional Record Volume 169, Number 175 (Tuesday, October 24, 2023)]
[Senate]
[Page S5146]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




          STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS

      By Mr. DURBIN (for himself, Mr. Blumenthal, Mr. Booker, Mr. 
        Fetterman, Ms. Hirono, Mr. Markey, Mr. Reed, Ms. Warren, and 
        Mr. Whitehouse):

  S. 3107. A bill to provide that chapter 1 of title 9 of the United 
States Code, relating to the enforcement of arbitration agreements, 
shall not apply to enrollment agreements made between students and 
certain institutions of higher education, and to prohibit limitations 
on the ability of students to pursue claims against certain 
institutions of higher education; to the Committee on Health, 
Education, Labor, and Pensions.
  Mr. DURBIN. Madam President, I ask unanimous consent that the text of 
the bill be printed in the Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                S. 3107

       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 ``Court Legal Access and 
     Student Support Act of 2023'' or the ``CLASS Act of 2023''.

     SEC. 2. INAPPLICABILITY OF CHAPTER 1 OF TITLE 9, UNITED 
                   STATES CODE, TO ENROLLMENT AGREEMENTS MADE 
                   BETWEEN STUDENTS AND CERTAIN INSTITUTIONS OF 
                   HIGHER EDUCATION.

       (a) In General.--Chapter 1 of title 9 of the United States 
     Code (relating to the enforcement of arbitration agreements) 
     shall not apply to an enrollment agreement made between a 
     student and an institution of higher education.
       (b) Definitions.--In this section:
       (1) Enrollment agreement.--The term ``enrollment 
     agreement'' means any contract or agreement between a student 
     and an institution of higher education under which the 
     student makes a financial commitment to the institution in 
     exchange for enrollment in a program of study at the 
     institution.
       (2) Institution of higher education.--The term 
     ``institution of higher education'' has the meaning given 
     such term in section 102 of the Higher Education Act of 1965 
     (20 U.S.C. 1002).

     SEC. 3. PROHIBITION ON LIMITATIONS ON ABILITY OF STUDENTS TO 
                   PURSUE CLAIMS AGAINST CERTAIN INSTITUTIONS OF 
                   HIGHER EDUCATION.

       Section 487(a) of the Higher Education Act of 1965 (20 
     U.S.C. 1094(a)) is amended by adding at the end the 
     following:
       ``(30) The institution will not require any student to 
     agree to, and will not enforce, any limitation or restriction 
     (including a limitation or restriction on any available 
     choice of applicable law, a jury trial, or venue) on the 
     ability of a student to pursue a claim, individually or with 
     others, against an institution in court.''.

     SEC. 4. EFFECTIVE DATE.

       This Act and the amendments made by this Act shall take 
     effect 1 year after the date of enactment of this Act.

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