No official summary available for this bill.
[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 2799 Introduced in Senate (IS)]
<DOC>
119th CONGRESS
1st Session
S. 2799
To amend title 9 of the United States Code with respect to arbitration.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
September 15, 2025
Mr. Blumenthal (for himself, Ms. Baldwin, Mr. Bennet, Ms. Blunt
Rochester, Mr. Booker, Ms. Cantwell, Mr. Coons, Ms. Cortez Masto, Ms.
Duckworth, Mr. Durbin, Mrs. Gillibrand, Ms. Hassan, Mr. Heinrich, Ms.
Hirono, Mr. Kaine, Ms. Klobuchar, Mr. Lujan, Mr. Markey, Mr. Murphy,
Mrs. Murray, Mr. Padilla, Mr. Peters, Mr. Reed, Ms. Rosen, Mr. Sanders,
Mr. Schatz, Mr. Schiff, Mrs. Shaheen, Ms. Smith, Mr. Van Hollen, Mr.
Warnock, Ms. Warren, Mr. Welch, Mr. Whitehouse, and Mr. Wyden)
introduced the following bill; which was read twice and referred to the
Committee on the Judiciary
_______________________________________________________________________
A BILL
To amend title 9 of the United States Code with respect to arbitration.
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 ``Forced Arbitration Injustice Repeal
Act''.
SEC. 2. PURPOSES.
The purposes of this Act are to--
(1) prohibit predispute arbitration agreements that force
arbitration of future employment, consumer, antitrust, or civil
rights disputes; and
(2) prohibit agreements and practices that interfere with
the right of individuals, workers, and small businesses to
participate in a joint, class, or collective action related to
an employment, consumer, antitrust, or civil rights dispute.
SEC. 3. ARBITRATION OF EMPLOYMENT, CONSUMER, ANTITRUST, AND CIVIL
RIGHTS DISPUTES.
(a) In General.--Title 9 of the United States Code is amended by
adding at the end the following:
``CHAPTER 5--ARBITRATION OF EMPLOYMENT, CONSUMER, ANTITRUST, AND CIVIL
RIGHTS DISPUTES
``Sec.
``501. Definitions.
``502. No validity or enforceability.
``Sec. 501. Definitions
``In this chapter--
``(1) the term `antitrust dispute' means a dispute--
``(A) arising from an alleged violation of the
antitrust laws (as defined in subsection (a) of the
first section of the Clayton Act (15 U.S.C. 12(a))) or
State antitrust laws; and
``(B) in which the plaintiffs seek certification as
a class under rule 23 of the Federal Rules of Civil
Procedure or a comparable rule or provision of State
law;
``(2) the term `civil rights dispute' means a dispute--
``(A) arising from an alleged violation of--
``(i) the Constitution of the United States
or the constitution of a State; or
``(ii) any Federal, State, or local law
that prohibits discrimination on the basis of
race, sex, age, gender identity, sexual
orientation, disability, religion, national
origin, or any legally protected status in
education, employment, credit, housing, public
accommodations and facilities, voting, veterans
or servicemembers, health care, or a program
funded or conducted by the Federal Government
or a State government, including any law
referred to or described in section 62(e) of
the Internal Revenue Code of 1986, including
parts of such law not explicitly referenced in
such section but that relate to protecting
individuals on any such basis; and
``(B) in which at least 1 party alleging a
violation described in subparagraph (A) is an
individual (or an authorized representative of an
individual), including an individual seeking
certification as a class under rule 23 of the Federal
Rules of Civil Procedure or a comparable rule or
provision of State law;
``(3) the term `consumer dispute' means a dispute between--
``(A) 1 or more individuals, including an
individual who seeks certification as a class under
rule 23 of the Federal Rules of Civil Procedure or a
comparable rule or provision of State law, who seek or
acquire real or personal property, services (including
services related to digital technology), securities or
other investments, money, or credit for personal,
family, or household purposes; and
``(B)(i) the seller or provider of such property,
services, securities or other investments, money, or
credit; or
``(ii) a third party involved in the selling,
providing of, payment for, receipt or use of
information about, or other relationship to any such
property, services, securities or other investments,
money, or credit;
``(4) the term `employment dispute'--
``(A) means a dispute between 1 or more individuals
(or their authorized representative) and a person
arising out of or related to the work relationship or
prospective work relationship between them, including a
dispute regarding the terms of or payment for,
advertising of, recruiting for, referring of, arranging
for, or discipline or discharge in connection with,
such work, regardless of whether the individual is or
would be classified as an employee or an independent
contractor with respect to such work; and
``(B) includes--
``(i) a dispute arising under any law
referred to or described in section 62(e) of
the Internal Revenue Code of 1986, including
parts of such law not explicitly referenced in
such section but that relate to protecting
individuals on any such basis; and
``(ii) a dispute in which an individual
seeks certification as a class under rule 23 of
the Federal Rules of Civil Procedure or as a
collective action under section 16(b) of the
Fair Labor Standards Act (29 U.S.C. 216(b)), or
a comparable rule or provision of State law;
``(5) the term `predispute arbitration agreement' means an
agreement to arbitrate a dispute that has not yet arisen at the
time of the making of the agreement; and
``(6) 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.
``Sec. 502. No validity or enforceability
``(a) In General.--Notwithstanding any other provision of this
title, no predispute arbitration agreement or predispute joint-action
waiver shall be valid or enforceable with respect to an employment
dispute, consumer dispute, antitrust dispute, or civil rights dispute.
``(b) Applicability.--
``(1) In general.--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.
``(2) Collective bargaining agreements.--Nothing in this
chapter shall apply to any arbitration provision in a contract
between an employer and a labor organization or between labor
organizations, except that no such arbitration provision shall
have the effect of waiving the right of a worker to seek
judicial enforcement of a right arising under a provision of
the Constitution of the United States, a State constitution, or
a Federal or State statute, or public policy arising
therefrom.''.
(b) Technical and Conforming Amendments.--
(1) In general.--Title 9 of the United States Code is
amended--
(A) in section 1, by striking ``of seamen,'' and
all that follows through ``interstate commerce'' and
inserting ``of individuals, regardless of whether the
individuals are designated as employees or independent
contractors for other purposes'';
(B) in section 2, by inserting ``or 5'' before the
period at the end;
(C) in section 208, in the second sentence, by
inserting ``or 5'' before the period at the end; and
(D) 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 of title 9,
United States Code, is amended by adding at the end the
following:
``5. Arbitration of employment, consumer, antitrust, and 501''.
civil rights disputes.
SEC. 4. EFFECTIVE DATE.
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
dispute or claim that arises or accrues on or after such date.
<all>
Introduced in Senate
Read twice and referred to the Committee on the Judiciary.
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