IB 
Union Calendar No. 198 
117TH CONGRESS 
2D SESSION 
H. R. 963 
[Report No. 117–270] 
To amend title 9 of the United States Code with respect to arbitration. 
IN THE HOUSE OF REPRESENTATIVES 
FEBRUARY 11, 2021 
Mr. JOHNSON of Georgia (for himself, Mr. NADLER, Mr. CICILLINE, Mr. 
CARTWRIGHT, Mr. AGUILAR, Mr. AUCHINCLOSS, Ms. BARRAGA´N, 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. CA´RDENAS, 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. 
GARCI´A of Illinois, Ms. GARCIA of Texas, Mr. GOMEZ, Mr. VICENTE GON-
ZALEZ 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. NOR-
TON, Mr. O’HALLERAN, Ms. OCASIO-CORTEZ, Mr. PALLONE, Mr. PA-
NETTA, Mr. PAPPAS, Mr. PASCRELL, Mr. PAYNE, Mr. PERLMUTTER, Mr. 
PETERS, Mr. PHILLIPS, Ms. PINGREE, Mr. POCAN, Ms. PORTER, Ms. 
VerDate Sep 11 2014 
17:30 Mar 11, 2022
Jkt 029200
PO 00000
Frm 00001
Fmt 6652
Sfmt 6652
E:\BILLS\H963.RH
H963
pamtmann on DSKBC07HB2PROD with BILLS
PRESSLEY, Mr. PRICE of North Carolina, Mr. QUIGLEY, Mr. RASKIN, 
Miss RICE of New York, Ms. ROSS, Mr. RUSH, Mr. RYAN, Ms. SA´NCHEZ, 
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 Cali-
fornia, Ms. TITUS, Ms. TLAIB, Mr. TONKO, Mr. TORRES of New York, 
Mrs. TORRES of California, Mrs. TRAHAN, Mr. TRONE, Mr. VEASEY, Mr. 
VELA, Ms. VELA´ZQUEZ, Ms. WASSERMAN SCHULTZ, Mrs. WATSON COLE-
MAN, 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. WIL-
SON 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. 
VerDate Sep 11 2014 
17:30 Mar 11, 2022
Jkt 029200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6652
E:\BILLS\H963.RH
H963
pamtmann on DSKBC07HB2PROD with BILLS
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 ‘‘Forced Arbitration In-
justice Repeal Act of 2022’’ or the ‘‘FAIR Act of 2022’’. 
SEC. 2. PURPOSES. 
The purposes of this Act are to— 
(1) prohibit predispute arbitration agreements 
that force arbitration of future employment, con-
sumer, antitrust, or civil rights disputes; and 
(2) prohibit agreements and practices that inter-
fere 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. 
SEC. 3. ARBITRATION OF EMPLOYMENT, CONSUMER, ANTI-
TRUST, AND CIVIL RIGHTS DISPUTES. 
(a) IN GENERAL.—Title 9 of the United States Code 
is amended by adding at the end the following: 
‘‘CHAPTER 5—ARBITRATION OF EMPLOY-
MENT, CONSUMER, ANTITRUST, AND 
CIVIL RIGHTS DISPUTES 
‘‘Sec. 
‘‘501. Definitions. 
‘‘502. No validity or enforceability. 
‘‘§ 501. Definitions 
‘‘In this chapter— 
VerDate Sep 11 2014 
17:30 Mar 11, 2022
Jkt 029200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6203
E:\BILLS\H963.RH
H963
pamtmann on DSKBC07HB2PROD with BILLS
‘‘(1) the term ‘antitrust dispute’ means a dis-
pute— 
‘‘(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 certifi-
cation 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 dis-
pute— 
‘‘(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 ori-
entation, disability, religion, national ori-
gin, or any legally protected status in edu-
cation, employment, credit, housing, public 
accommodations and facilities, voting, vet-
erans or servicemembers, health care, or a 
program funded or conducted by the Federal 
Government or State government, including 
VerDate Sep 11 2014 
17:30 Mar 11, 2022
Jkt 029200
PO 00000
Frm 00004
Fmt 6652
Sfmt 6203
E:\BILLS\H963.RH
H963
pamtmann on DSKBC07HB2PROD with BILLS
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 rep-
resentative), including one or more individuals 
seeking certification as a class under rule 23 of 
the Federal Rules of Civil Procedure or a com-
parable rule or provision of State law; 
‘‘(3) the term ‘consumer dispute’ means a dis-
pute between— 
‘‘(A) one or more individuals who seek or 
acquire real or personal property, services (in-
cluding services related to digital technology), se-
curities or other investments, money, or credit 
for personal, family, or household purposes in-
cluding an individual or individuals who seek 
certification as a class under rule 23 of the Fed-
eral Rules of Civil Procedure or a comparable 
rule or provision of State law; and 
VerDate Sep 11 2014 
17:30 Mar 11, 2022
Jkt 029200
PO 00000
Frm 00005
Fmt 6652
Sfmt 6203
E:\BILLS\H963.RH
H963
pamtmann on DSKBC07HB2PROD with BILLS
‘‘(B)(i) the seller or provider of such prop-
erty, 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 in-
formation about, or other relationship to any 
such property, services, securities or other invest-
ments, money, or credit; 
‘‘(4) the term ‘employment dispute’ means a dis-
pute between one or more individuals (or their au-
thorized 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 dis-
cipline or discharge in connection with, such work, 
regardless of whether the individual is or would be 
classified as an employee or an independent con-
tractor 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 individ-
uals on any such basis, and including a dispute in 
which an individual or individuals seek certification 
VerDate Sep 11 2014 
17:30 Mar 11, 2022
Jkt 029200
PO 00000
Frm 00006
Fmt 6652
Sfmt 6203
E:\BILLS\H963.RH
H963
pamtmann on DSKBC07HB2PROD with BILLS
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 agree-
ment; and 
‘‘(6) the term ‘predispute joint-action waiver’ 
means an agreement, whether or not part of a 
predispute arbitration agreement, that would pro-
hibit, 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 provi-
sion 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 de-
VerDate Sep 11 2014 
17:30 Mar 11, 2022
Jkt 029200
PO 00000
Frm 00007
Fmt 6652
Sfmt 6203
E:\BILLS\H963.RH
H963
pamtmann on DSKBC07HB2PROD with BILLS
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, rather 
than an arbitrator, irrespective of whether the party 
resisting arbitration challenges the arbitration agree-
ment specifically or in conjunction with other terms 
of the contract containing such agreement, and irre-
spective of whether the agreement purports to delegate 
such determinations to an arbitrator. 
‘‘(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 judi-
cial enforcement of a right arising under a provision 
of the Constitution of the United States, a State con-
stitution, or a Federal or State statute, or public pol-
icy 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-
VerDate Sep 11 2014 
17:30 Mar 11, 2022
Jkt 029200
PO 00000
Frm 00008
Fmt 6652
Sfmt 6203
E:\BILLS\H963.RH
H963
pamtmann on DSKBC07HB2PROD with BILLS
merce’’ and inserting in its place ‘‘of individ-
uals, regardless of whether such individuals are 
designated as employees or independent contrac-
tors 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 
Disputes ..............................................................................
501’’. 
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. 
SEC. 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. 
VerDate Sep 11 2014 
17:30 Mar 11, 2022
Jkt 029200
PO 00000
Frm 00009
Fmt 6652
Sfmt 6203
E:\BILLS\H963.RH
H963
pamtmann on DSKBC07HB2PROD with BILLS
Union Calendar No. 198 
117TH CONGRESS 
2D SESSION 
H. R. 963 
[Report No. 117–270] 
A BILL 
To amend title 9 of the United States Code with 
respect to arbitration. 
MARCH 11, 2022 
Reported with an amendment, committed to the Com-
mittee of the Whole House on the State of the Union, 
and ordered to be printed 
VerDate Sep 11 2014 
17:30 Mar 11, 2022
Jkt 029200
PO 00000
Frm 00010
Fmt 6651
Sfmt 6651
E:\BILLS\H963.RH
H963
pamtmann on DSKBC07HB2PROD with BILLS