Carrie's Law
This bill makes a pre-dispute arbitration agreement unenforceable with respect to a sexual assault claim.
[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 8608 Introduced in House (IH)]
<DOC>
116th CONGRESS
2d Session
H. R. 8608
To amend title 9 of the United States Code to prohibit the enforcement
of predispute arbitration agreements with respect to sexual assault
claims.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
October 16, 2020
Mrs. Lesko (for herself and Ms. Bass) introduced the following bill;
which was referred to the Committee on the Judiciary
_______________________________________________________________________
A BILL
To amend title 9 of the United States Code to prohibit the enforcement
of predispute arbitration agreements with respect to sexual assault
claims.
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 ``Carrie's Law''.
SEC. 2. ARBITRATION OF SEXUAL ASSAULT CLAIMS.
(a) In General.--Title 9 of the United States Code is amended by
adding at the end the following:
``CHAPTER 4--ARBITRATION OF SEXUAL ASSAULT CLAIMS
``Sec.
``401. Definitions.
``402. Limit on validity and enforceability.
``Sec. 401. Definitions
``In this chapter--
``(1) the term `predispute arbitration agreement' means any
agreement to arbitrate a claim that had not yet arisen at the
time of the making of the agreement; and
``(2) the term `sexual assault' means a nonconsensual
sexual act or sexual contact, as those terms are defined in
section 2246 of title 18, or similar applicable State or Tribal
law, including when the victim lacks capacity to consent.
``Sec. 402. Limit on validity and enforceability
``(a) In General.--Notwithstanding any other provision of this
title, a predispute arbitration agreement shall have no force or effect
with respect to a sexual assault claim.
``(b) Related Claims.--
``(1) In general.--Subject to paragraph (2), and
notwithstanding any other provision of this title, a predispute
arbitration agreement shall have no force or effect with
respect to a claim asserted by a sexual assault victim that is
based upon that sexual assault.
``(2) Sexual assault claim dismissed.--
``(A) In general.--If a court dismisses with
prejudice a sexual assault claim that, but for
subsection (a), would have been subject to a predispute
arbitration agreement--
``(i) the court shall dismiss any other
claim that, but for paragraph (1) of this
subsection, would have been subject to a
predispute arbitration agreement; and
``(ii) the relevant predispute arbitration
agreement shall apply with respect to any claim
dismissed under clause (i).
``(B) Tolling.--Any time period under a predispute
arbitration agreement that is applicable to a claim
dismissed under subparagraph (A)(i) shall be tolled
during the period during which the claim was pending
before a Federal court.
``(c) Applicability.--An issue as to whether this chapter applies
to an arbitration agreement or a claim shall be determined under
Federal law. The applicability of this chapter to an agreement to
arbitrate or a claim and the force or effect 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.''.
(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 sexual assault claims................... 401''.
SEC. 3. PROSPECTIVE EFFECT.
This Act, and the amendments made by this Act, shall take effect on
the date of enactment of this Act and shall apply with respect to any
claim that arises on or after such date.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on the Judiciary.
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