skip to main content

H.R. 963 (117th): FAIR Act of 2022


The text of the bill below is as of Mar 8, 2022 (Preprint (Rule)).


IB

Union Calendar No. 198

117th CONGRESS

2d Session

H. R. 963

[Report No. 117–270]

IN THE HOUSE OF REPRESENTATIVES

February 11, 2021

(for himself, Mr. Nadler, Mr. Cicilline, Mr. Cartwright, Mr. Aguilar, Mr. Auchincloss, Ms. Barragán, Ms. Bass, Mr. Beyer, Mr. Blumenauer, Ms. Blunt Rochester, Ms. Bonamici, Mr. Bowman, Mr. Brendan F. Boyle of Pennsylvania, Mr. Brown of Maryland, Ms. Brownley, Mr. Butterfield, Mr. Carbajal, Mr. Cárdenas, Mr. Carson, Mr. Casten, Mr. Castro of Texas, Ms. Clark of Massachusetts, Ms. Clarke of New York, Mr. Cohen, Mr. Connolly, Mr. Courtney, Mr. Crist, Mr. Danny K. Davis of Illinois, Ms. Dean, Mr. DeFazio, Ms. DeGette, Ms. DeLauro, Ms. DelBene, Mr. Delgado, Mrs. Demings, Mr. DeSaulnier, Mr. Deutch, Mrs. Dingell, Mr. Doggett, Ms. Escobar, Mr. Espaillat, Mr. Evans, Mrs. Fletcher, Mr. Foster, Ms. Lois Frankel of Florida, Mr. Gallego, Mr. Garamendi, Mr. García of Illinois, Ms. Garcia of Texas, Mr. Gomez, Mr. Vicente Gonzalez of Texas, Mr. Green of Texas, Mr. Grijalva, Mr. Hastings, Mrs. Hayes, Mr. Higgins of New York, Mr. Huffman, Ms. Jackson Lee, Ms. Jayapal, Mr. Jeffries, Ms. Johnson of Texas, Mr. Jones, Ms. Kaptur, Mr. Keating, Mr. Khanna, Mr. Kildee, Mr. Kim of New Jersey, Mrs. Kirkpatrick, Mr. Krishnamoorthi, Ms. Kuster, Mr. Langevin, Mr. Larsen of Washington, Mr. Larson of Connecticut, Mrs. Lawrence, Mr. Lawson of Florida, Ms. Lee of California, Mr. Levin of Michigan, Mr. Levin of California, Mr. Lieu, Mr. Lowenthal, Mrs. Luria, Mr. Lynch, Mr. Malinowski, Mrs. Carolyn B. Maloney of New York, Ms. Matsui, Mrs. McBath, Ms. McCollum, Mr. McEachin, Mr. McNerney, Mr. Meeks, Ms. Meng, Ms. Moore of Wisconsin, Mrs. Napolitano, Mr. Neguse, Ms. Newman, Ms. Norton, Mr. O'Halleran, Ms. Ocasio-Cortez, Mr. Pallone, Mr. Panetta, Mr. Pappas, Mr. Pascrell, Mr. Payne, Mr. Perlmutter, Mr. Peters, Mr. Phillips, Ms. Pingree, Mr. Pocan, Ms. Porter, Ms. Pressley, Mr. Price of North Carolina, Mr. Quigley, Mr. Raskin, Miss Rice of New York, Ms. Ross, Mr. Rush, Mr. Ryan, Ms. Sánchez, Mr. Sarbanes, Ms. Scanlon, Ms. Schakowsky, Mr. Schiff, Mr. Schrader, Mr. Scott of Virginia, Mr. Sherman, Mr. Sires, Mr. Smith of Washington, Mr. Soto, Ms. Spanberger, Ms. Speier, Mr. Stanton, Ms. Stevens, Ms. Strickland, Mr. Suozzi, Mr. Swalwell, Mr. Takano, Mr. Thompson of Mississippi, Mr. Thompson of California, Ms. Titus, Ms. Tlaib, Mr. Tonko, Mr. Torres of New York, Mrs. Torres of California, Mrs. Trahan, Mr. Trone, Mr. Veasey, Mr. Vela, Ms. Velázquez, Ms. Wasserman Schultz, Mrs. Watson Coleman, Mr. Welch, Ms. Wild, Ms. Williams of Georgia, Mr. Yarmuth, and Ms. Bush) introduced the following bill; which was referred to the Committee on the Judiciary

March 11, 2022

Additional sponsors: Ms. Eshoo, Mr. Crow, Mr. Allred, Mr. Kahele, Ms. Lofgren, Ms. Roybal-Allard, Mr. McGovern, Ms. Omar, Mr. Ruiz, Ms. Houlahan, Ms. Underwood, Mr. Lamb, Ms. Manning, Mrs. Lee of Nevada, Ms. Waters, Mrs. Axne, Mr. Ruppersberger, Mr. Morelle, Mr. Vargas, Ms. Kelly of Illinois, Mr. Kilmer, Mr. Moulton, Mr. Kind, Ms. Slotkin, Ms. Wexton, Ms. Sherrill, Ms. Schrier, Ms. Castor of Florida, Mr. Cleaver, Ms. Chu, Mr. Mfume, Mr. Sean Patrick Maloney of New York, Mr. Mrvan, Mr. Gottheimer, Mr. Schneider, Ms. Leger Fernandez, Mr. Sablan, Mr. Golden, Mr. Norcross, Mr. Bishop of Georgia, Mr. Cooper, Mr. Costa, Mr. Gaetz, Mr. Michael F. Doyle of Pennsylvania, Ms. Wilson of Florida, Ms. Adams, Mr. Horsford, and Mrs. Bustos

March 11, 2022

Reported with an amendment, committed to the Committee of the Whole House on the State of the Union, and ordered to be printed

Strike out all after the enacting clause and insert the part printed in italic

For text of introduced bill, see copy of bill as introduced on February 11, 2021

A BILL

To amend title 9 of the United States Code with respect to arbitration.


1.

Short title

This Act may be cited as the Forced Arbitration Injustice Repeal Act of 2022 or the FAIR Act of 2022.

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.

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:

5

Arbitration of Employment, Consumer, Antitrust, and Civil Rights Disputes

Sec.

501. Definitions.

502. No validity or enforceability.

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) 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;

(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 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 one party alleging a violation described in subparagraph (A) is one or more individuals (or their authorized representative), including one or more individuals 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)

one or more individuals 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 including an individual or individuals who seek certification as a class under rule 23 of the Federal Rules of Civil Procedure or a comparable rule or provision of State law; 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 means a dispute between one 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 including 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 including a dispute in which an individual or individuals seek 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, 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.

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 in its place of individuals, regardless of whether such individuals are designated as employees or independent contractors for other purposes;

(B)

in section 2 by striking chapter 4 and inserting chapter 4 or 5;

(C)

in section 208 by striking chapter 4 and inserting chapter 4 or 5; and

(D)

in section 307 by striking chapter 4 and inserting chapter 4 or 5.

(2)

Table of chapters

The table of chapters of title 9 of the United States Code is amended by adding at the end the following:

5.Arbitration of Employment, Consumer, Antitrust, and Civil Rights Disputes501

.

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.

5.

Rule of construction

Nothing in this Act, or the amendments made by this Act, shall be construed to prohibit the use of arbitration on a voluntary basis after the dispute arises.

March 11, 2022

Reported with an amendment, committed to the Committee of the Whole House on the State of the Union, and ordered to be printed