,,ii  #aafth ,,congress  #ast ,session  
,s4 #fce  ,,in ,,the ,,senate ,,of ,,the
 ,,united ,,states  ,february #bh1      
#bjai,mr4 ,leahy 7for himself1 ,mr4     
,blumenthal1 ,mr4 ,durbin1 ,mr4         
,whitehouse1 ,mr4 ,markey1 ,ms4 ,hirono1
 and ,mr4 ,coons7 introduced the        
following bill2 which was read twice and
 referred to the ,committee on the      
,judiciary  ,a ,,bill  ,to restore      
statutory rights to the people of the   
,united ,states from forced arbitration4
  #a4 ,short title ,this ,act may be    
cited as the ,restoring ,statutory      
,rights and ,interests of the ,states   
,act of #bjai4  #b4 ,findings and intent
  7a7 ,findings ,congress finds the     
following3  7#a7 ,chapter #a of title   
#i1 ,united ,states ,code 7commonly     
known as the ,federal ,arbitration      
,act71 represented an exercise of       
legislative power that required courts  
to recognize private voluntary          
agreements to arbitrate commercial      
disputes at a time when the courts were 

refusing to do so on grounds that       
arbitration represented a usurpation of 
the authority of the courts to resolve  
legal disputes4  7#b7 ,the ,federal     
,arbitration ,act did not1 and should   
not have been interpreted to1 supplant  
or nullify the legislatively created    
rights and remedies that ,congress1     
exercising its power under article ,i of
 the ,constitution of the ,united       
,states1 has granted to the people of   
the ,united ,states for resolving       
disputes in ,state and ,federal courts4 
7#c7 ,recent court decisions1 including 
,,at,t ,mobility ,,llc v4 ,concepcion1  
#efc ,u4,s4 #ccc 7#bjaa7 and ,american  
,express ,co4 v4 ,italian ,colors       
,restaurant1 #acc ,s4 ,ct4 #bcjd        
7#bjac71 have interpreted the ,federal  
,arbitration ,act to broadly preempt    
rights and remedies established under   
substantive ,state and ,federal law4 ,as
 a result1 these decisions have enabled 
business entities to avoid or nullify   
legal duties created by congressional   

enactment1 resulting in millions of     
people in the ,united ,states being     
unable to vindicate their rights in     
,state and ,federal courts4  7#d7       
,states have a compelling interest in   
enacting rights and remedies to protect 
the welfare of their citizens1 and the  
,federal ,arbitration ,act should not   
be1 and should not have been1           
interpreted to preempt ,state           
legislation that enacted rights and     
remedies to protect the welfare of their
 citizens4  7b7 ,intent of ,congress ,in
 enacting this ,act1 it is the intent of
 ,congress-- 7#a7 to restate and        
reinstitute the primacy of congressional
 and ,state legislative bodies as the   
creators of the rights and remedies     
available to all the people of the      
,united ,states2  7#b7 to clarify that  
congressionally established rights and  
remedies may not be waived prior to the 
institution of a dispute by the party   
intended to be protected by such        
statute2 and  7#c7 to reinstate and     

reaffirm existing rights and remedies of
 the people of the ,united ,states      
enacted since the enactment of the      
,federal ,arbitration ,act regarding    
access to the courts that have1 or may  
have been1 abrogated or diminished4  #c4
 ,arbitration of ,federal statutory     
causes of action  7a7 ,adjudication of  
,federal statutory rights of action     
,section #b of title #i1 ,united ,states
 ,code1 is amended-- 7#a7 by striking ,a
 written and inserting 7a7 ,in          
general4--,except as provided in        
subsection 7b71 a written2 and  7#b7 by 
adding at the end the following3  7b7   
,exception ,subsection 7a7 shall not    
apply to a written provision that       
requires arbitration of a claim for     
damages or injunctive relief brought by 
an individual or small business concern 
7as defined in section #c of the ,small 
,business ,act 7#ae ,u4,s4,c4 #fcb771 in
 either an individual or representative 
capacity1 arising from the alleged      
violation of a ,federal or ,state       

statute1 the ,constitution of the       
,united ,states1 or a constitution of a 
,state1 unless the written agreement to 
arbitrate is entered into by both       
parties after the claim has arisen and  
pertains solely to an existing claim4   
7c7 ,interaction with ,state law ,in    
subsection 7a71 the term grounds as     
exist at law or in equity for the       
revocation of a contract includes a     
,federal or ,state statute1 or the      
finding of a ,federal or ,state court1  
that prohibits the agreement to         
arbitrate on grounds that the agreement 
is unconscionable1 invalid because there
 was no meeting of the minds1 or        
otherwise unenforceable as a matter of  
contract law or public policy4  7d7     
,validity and enforceability ,a         
determination as to whether this chapter
 applies to an agreement to arbitrate   
shall be made by a court1 rather than an
 arbitrator1 irrespective of whether the
 party resisting arbitration challenges 
the agreement to arbitrate specifically 

or in conjunction with other terms of   
the contract containing such agreement4 
4  #d4 ,vacating an award made in       
violation of section #b of title #i1    
,united ,states ,code ,section #aj7;a7  
of title #i1 ,united ,states ,code1 is  
amended-- 7#a7 in paragraph 7#c71 by    
striking or at the end2  7#b7 in        
paragraph 7#d71 by striking the period  
at the end and inserting 2 or2 and  7#c7
 by adding at the end the following3    
7#e7 where the arbitration took place in
 violation of section #b4  4  #e4       
,applicability ,this ,act1 and the      
amendments made by this ,act1 shall     
apply with respect to any dispute or    
claim that arises on or after the date  
of enactment of this ,act4