Carrie’s Law

To amend title 9 of the United States Code to prohibit the enforcement of predispute arbitration agreements with respect to sexual assault claims. 1. Short title This Act may be cited as Carrie’s Law 2. Arbitration of sexual assault claims (a) In general Title 9 of the United States Code is amended by adding at the end the following: 4 Arbitration of sexual assault claims Sec. 401. Definitions. 402. Limit on validity and enforceability. 401. Definitions In this chapter— (1) the term predispute arbitration agreement (2) the term sexual assault 402. Limit on validity and enforceability (a) In general Notwithstanding any other provision of this title, a predispute arbitration agreement shall have no force or effect with respect to a sexual assault claim. (b) Related claims (1) In general Subject to paragraph (2), and notwithstanding any other provision of this title, a predispute arbitration agreement shall have no force or effect with respect to a claim asserted by a sexual assault victim that is based upon that sexual assault. (2) Sexual assault claim dismissed (A) In general If a court dismisses with prejudice a sexual assault claim that, but for subsection (a), would have been subject to a predispute arbitration agreement— (i) the court shall dismiss any other claim that, but for paragraph (1) of this subsection, would have been subject to a predispute arbitration agreement; and (ii) the relevant predispute arbitration agreement shall apply with respect to any claim dismissed under clause (i). (B) Tolling Any time period under a predispute arbitration agreement that is applicable to a claim dismissed under subparagraph (A)(i) shall be tolled during the period during which the claim was pending before a Federal court. (c) Applicability An issue as to whether this chapter applies to an arbitration agreement or a claim shall be determined under Federal law. The applicability of this chapter to an agreement to arbitrate or a claim and the force or effect 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. . (b) Technical and conforming amendments (1) In general Title 9 of the United States Code is amended— (A) in section 2, by inserting or as otherwise provided in chapter 4 (B) in section 208— (i) in the section heading, by striking Chapter 1; residual application Application (ii) by adding at the end the following: This chapter applies to the extent that this chapter is not in conflict with chapter 4. (C) in section 307— (i) in the section heading, by striking Chapter 1; residual application Application (ii) by adding at the end the following: This chapter applies to the extent that this chapter is not in conflict with chapter 4. (2) Table of sections (A) Chapter 2 The table of sections for chapter 2 208. Application. . (B) Chapter 3 The table of sections for chapter 3 307. Application. . (3) Table of chapters The table of chapters for title 9, United States Code, is amended by adding at the end the following: 4. Arbitration of sexual assault claims 401 . 3. Prospective effect 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 claim that arises on or after such date.

Summary: Carrie's Law This bill makes a pre-dispute arbitration agreement unenforceable with respect to a sexual assault claim.