,i  #aafth ,,congress  #ast ,session    
,h4 ,r4 #cgfd  ,,in ,,the ,,house ,,of  
,,representatives  ,july #ae1 #bjai,ms4 
,scanlon 7for herself1 ,mrs4 ,davis of  
,california1 ,mr4 ,cicilline1 and ,mr4  
,nadler7 introduced the following bill2 
which was referred to the ,committee on 
the ,judiciary  ,a ,,bill  ,to amend    
title #i of the ,united ,states ,code to
 prohibit predispute arbitration        
agreements that force arbitration of    
disputes arising from private education 
loans1 and for other purposes4  #a4     
,short title ,this ,act may be cited as 
the ,justice for ,student ,borrowers    
,act4  #b4 ,purpose ,the purpose of this
 ,act is to--  7#a7 prohibit private    
educational lenders from using          
predispute arbitration agreements in    
their private education loans2 and  7#b7
 to prohibit private educational lenders
 from using predispute joint-action     
waivers in their private education      
loans4  #c4 ,arbitration of private     
education loan disputes  7a7 ,in general

 ,title #i of the ,united ,states ,code 
is amended by adding at the end the     
following3  #d ,arbitration of ,private 
,education ,loan ,disputes  #dja4       
,definitions4 #djb4 ,no validity or     
enforceability4  #dja4 ,definitions ,in 
this chapter--  7#a7 the term private   
education loan has the meaning given    
that term under section #adj of the     
,truth in ,lending ,act2  7#b7 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 agreement2 and  7#c7 the  
term predispute joint-action waiver     
means an agreement1 whether or not part 
of a predispute arbitration agreement1  
that would prohibit1 or waive the right 
of1 one of the parties to the agreement 
to participate in a joint1 class1 or    
collective action in a judicial1        
arbitral1 administrative1 or other      
forum1 concerning a dispute that has not
 yet arisen at the time of the making of
 the agreement4  #djb4 ,no validity or  

enforceability  7a7 ,in general         
,notwithstanding any other provision of 
this title1 no predispute arbitration   
agreement or predispute joint-action    
waiver shall be valid or enforceable    
with respect to a dispute relating to a 
private education loan4  7b7            
,applicability  7#a7 ,in general ,an    
issue as to whether this chapter applies
 with respect to a dispute shall be     
determined under ,federal law4 ,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 court1 rather than an   
arbitrator1 irrespective of whether the 
party resisting arbitration challenges  
the arbitration agreement specifically  
or in conjunction with other terms of   
the contract containing such agreement1 
and irrespective of whether the         
agreement purports to delegate such     
determinations to an arbitrator4  7#b7  
,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           
organizations1 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 ,states1 a 
,state constitution1 or a ,federal or   
,state statute1 or public policy arising
 therefrom4  4  7b7 ,technical and      
conforming amendments  7#a7 ,in general 
,title #i of the ,united ,states ,code  
is amended-- 7,a7 in section #a by      
striking of seamen1 and all that follows
 through interstate commerce1 and       
inserting in its place of individuals1  
regardless of whether such individuals  
are designated as employees or          
independent contractors for other       
purposes2  7,b7 in section #b by        
inserting or as otherwise provided in   
chapter #d before the period at the end2

  7,c7 in section #bjh--  7i7 in the    
section heading by striking ,chapter #a2
 residual application and inserting     
,application2 and  7ii7 by adding at the
 end the following3 ,this chapter       
applies to the extent that this chapter 
is not in conflict with chapter #d42 and
  7,d7 in section #cjg-- 7i7 in the     
section heading by striking ,chapter #a2
 residual application and inserting     
,application2 and  7ii7 by adding at the
 end the following3 ,this chapter       
applies to the extent that this chapter 
is not in conflict with chapter #d44    
7#b7 ,table of sections  7,a7 ,chapter  
#b ,the table of sections of chapter #b 
of title #i1 ,united ,states ,code1 is  
amended by striking the item relating to
 section #bjh and inserting the         
following3  #bjh4 ,application4  4  7,b7
 ,chapter #c ,the table of sections of  
chapter #c of title #i1 ,united ,states 
,code1 is amended by striking the item  
relating to section #cjg and inserting  
the following3  #cjg4 ,application4  4  

7#c7 ,table of chapters ,the table of   
chapters of title #i1 ,united ,states   
,code1 is amended by adding at the end  
the following3  #d4 ,arbitration of     
private education loan disputes  4  #d4 
,effective date ,this ,act1 and the     
amendments made by this ,act1 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 date4