I 
116TH CONGRESS 
1ST SESSION H. R. 3764 
To amend title 9 of the United States Code to prohibit predispute arbitration 
agreements that force arbitration of disputes arising from private edu-
cation loans, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
JULY 15, 2019 
Ms. SCANLON (for herself, Mrs. DAVIS of California, Mr. CICILLINE, and Mr. 
NADLER) introduced the following bill; which was referred to the Com-
mittee on the Judiciary 
A BILL 
To amend title 9 of the United States Code to prohibit 
predispute arbitration agreements that force arbitration 
of disputes arising from private education loans, and 
for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Justice for Student 
Borrowers Act’’. 
SEC. 2. PURPOSE. 
The purpose of this Act is to— 
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(1) prohibit private educational lenders from 
using predispute arbitration agreements in their pri-
vate education loans; and 
(2) to prohibit private educational lenders from 
using predispute joint-action waivers in their private 
education loans. 
SEC. 3. ARBITRATION OF PRIVATE EDUCATION LOAN DIS-
PUTES. 
(a) IN GENERAL.—Title 9 of the United States Code 
is amended by adding at the end the following: 
‘‘CHAPTER 4—ARBITRATION OF PRIVATE 
EDUCATION LOAN DISPUTES 
‘‘401. Definitions. 
‘‘402. No validity or enforceability. 
‘‘§ 401. Definitions 
‘‘In this chapter— 
‘‘(1) the term ‘private education loan’ has the 
meaning given that term under section 140 of the 
Truth in Lending Act; 
‘‘(2) the term ‘predispute arbitration agree-
ment’ means an agreement to arbitrate a dispute 
that has not yet arisen at the time of the making 
of the agreement; and 
‘‘(3) the term ‘predispute joint-action waiver’ 
means an agreement, whether or not part of a 
predispute arbitration agreement, that would pro-
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hibit, or waive the right of, one of the parties to the 
agreement to participate in a joint, class, or collec-
tive 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. 
‘‘§ 402. No validity or enforceability 
‘‘(a) IN GENERAL.—Notwithstanding any other pro-
vision of this title, no predispute arbitration agreement or 
predispute joint-action waiver shall be valid or enforceable 
with respect to a dispute relating to a private education 
loan. 
‘‘(b) APPLICABILITY.— 
‘‘(1) IN GENERAL.—An issue as to whether this 
chapter applies with respect to a dispute shall be de-
termined 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, rath-
er 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. 
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‘‘(2) COLLECTIVE BARGAINING AGREEMENTS.— 
Nothing in this chapter shall apply to any arbitra-
tion 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 provi-
sion 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 com-
merce,’’ and inserting in its place ‘‘of individ-
uals, regardless of whether such individuals are 
designated as employees or independent con-
tractors for other purposes’’; 
(B) in section 2 by inserting ‘‘or as other-
wise provided in chapter 4’’ before the period at 
the end; 
(C) in section 208— 
(i) in the section heading by striking 
‘‘CHAPTER
1; 
RESIDUAL
APPLICA-
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TION’’ and inserting ‘‘APPLICATION’’; 
and 
(ii) by adding at the end the fol-
lowing: ‘‘This chapter applies to the extent 
that this chapter is not in conflict with 
chapter 4.’’; and 
(D) in section 307— 
(i) in the section heading by striking 
‘‘CHAPTER
1; 
RESIDUAL
APPLICA-
TION’’ and inserting ‘‘APPLICATION’’; 
and 
(ii) by adding at the end the fol-
lowing: ‘‘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 of 
chapter 2 of title 9, United States Code, is 
amended by striking the item relating to section 
208 and inserting the following: 
‘‘208. Application.’’. 
(B) CHAPTER 3.—The table of sections of 
chapter 3 of title 9, United States Code, is 
amended by striking the item relating to section 
307 and inserting the following: 
‘‘307. Application.’’. 
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(3) TABLE OF CHAPTERS.—The table of chap-
ters of title 9, United States Code, is amended by 
adding at the end the following: 
‘‘4. Arbitration of private education loan disputes’’. 
SEC. 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. 
Æ 
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