,,ii ,calendar ,no4 #bfd #aagth         
,,congress  #b;d ,session  ,h4 ,r4 #ddde
  ,,in ,,the ,,senate ,,of ,,the        
,,united ,,states  ,february #h         
7legislative day1 ,february #c71        
#bjbb,received2 read twice and placed on
 the calendar  ,,an ,,act  ,to amend    
title #i of the ,united ,states ,code   
with respect to arbitration of disputes 
involving sexual assault and sexual     
harassment4  #a4 ,short title ,this ,act
 may be cited as the ,ending ,forced    
,arbitration of ,sexual ,assault and    
,sexual ,harassment ,act of #bjba4  #b4 
,predispute arbitration of disputes     
involving sexual assault and sexual     
harassment  7a7 ,in general ,title #i of
 the ,united ,states ,code is amended by
 adding at the end the following3  #d   
,arbitration of disputes involving      
sexual assault and sexual harassment    
,sec4 #dja4 ,definitions4 #djb4 ,no     
validity or enforceability4  #dja4      
,definitions ,in this chapter3 7#a7     
,predispute arbitration agreement ,the  

term predispute arbitration agreement   
means any agreement to arbitrate a      
dispute that had not yet arisen at the  
time of the making of the agreement4    
7#b7 ,predispute joint-action waiver    
,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  7#c7 ,sexual assault   
dispute ,the term sexual assault dispute
 means a dispute involving a            
nonconsensual sexual act or sexual      
contact1 as such terms are defined in   
section #bbdf of title #ah or similar   
applicable ,tribal or ,state law1       
including when the victim lacks capacity
 to consent4  7#d7 ,sexual harassment   
dispute ,the term sexual harassment     

dispute means a dispute relating to     
conduct that is alleged to constitute   
sexual harassment under applicable      
,federal1 ,tribal1 or ,state law4  #djb4
 ,no validity or enforceability  7a7 ,in
 general ,notwithstanding any other     
provision of this title1 at the election
 of the person alleging conduct         
constituting a sexual harassment dispute
 or sexual assault dispute1 or the named
 representative of a class or in a      
collective action alleging such conduct1
 no predispute arbitration agreement or 
predispute joint-action waiver shall be 
valid or enforceable with respect to a  
case which is filed under ,federal1     
,tribal1 or ,state law and relates to   
the sexual assault dispute or the sexual
 harassment dispute4  7b7 ,determination
 of applicability ,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  4  7b7 ,technical   
and conforming amendments  7#a7 ,in     
general ,title #i of the ,united ,states
 ,code is amended-- 7,a7 in section #b1 
by inserting or as otherwise provided in
 chapter #d before the period at the    
end2  7,b7 in section #bjh-- 7i7 in the 
section heading1 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,c7 in section #cjg-- 7i7 in the     
section heading1 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 for 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 for 
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 for title #i1 ,united ,states  
,code1 is amended by adding at the end  
the following3  #d4 ,arbitration of     
disputes involving sexual assault and   
sexual harassment#dja  4  #c4           
,applicability ,this ,act1 and the      
amendments made by this ,act1 shall     
apply with respect to any dispute or    

claim that arises or accrues on or after
 the date of enactment of this ,act4    
,passed the ,house of ,representatives  
,february #g1 #bjbb4;,cheryl ,l4        
,johnson1,clerk4,kevin                  
,mc,cumber1,deputy ,clerk  ,february #h 
7legislative day1 ,february #c71        
#bjbb,received2 read twice and placed on
 the calendar