[Congressional Record Volume 170, Number 115 (Thursday, July 11, 2024)]
[Senate]
[Page S4938]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 2600. Mrs. GILLIBRAND submitted an amendment intended to be 
proposed by her to the bill S. 4638, to authorize appropriations for 
fiscal year 2025 for military activities of the Department of Defense, 
for military construction, and for defense activities of the Department 
of Energy, to prescribe military personnel strengths for such fiscal 
year, and for other purposes; which was ordered to lie on the table; as 
follows:

       At the end of subtitle H of title X, add the following:

     SEC. 1095. PREDISPUTE ARBITRATION OF DISPUTES INVOLVING AGE 
                   DISCRIMINATION.

       (a) In General.--Title 9 of the United States Code is 
     amended by adding at the end the following:

   ``CHAPTER 5--ARBITRATION OF DISPUTES INVOLVING AGE DISCRIMINATION

``Sec.
``501. Definitions.
``502. No validity or enforceability.

     ``Sec. 501. Definitions

       ``In this chapter:
       ``(1) Age discrimination dispute.--The term `age 
     discrimination dispute' means a dispute relating to conduct 
     that is alleged to constitute age discrimination against a 
     person who is not less than 40 years of age in any form, 
     including disparate treatment, disparate impact, harassment, 
     and retaliation, that is prohibited under applicable Federal, 
     Tribal, or State law (including local law).
       ``(2) Predispute arbitration agreement; predispute joint-
     action waiver.--The terms `predispute arbitration agreement' 
     and `predispute joint-action waiver' have the meanings given 
     the terms in section 401.

     ``Sec. 502. No validity or enforceability

       ``(a) In General.--Notwithstanding any other provision of 
     this title, at the election of the person alleging conduct 
     constituting an age discrimination 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 age discrimination 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 5'' before the period 
     at the end;
       (B) in section 208, in the second sentence, by inserting 
     ``or 5'' before the period at the end; and
       (C) in section 307, in the second sentence, by inserting 
     ``or 5'' before the period at the end.
       (2) Table of chapters.--The table of chapters for title 9, 
     United States Code, is amended by adding at the end the 
     following:

``5. Arbitration  of disputes involving age discrimination..501.''.....

       (c) Applicability.--This section, and the amendments made 
     by this section, shall apply with respect to any dispute or 
     claim that arises or accrues on or after the date of 
     enactment of this Act.
                                 ______