I 
115TH CONGRESS 
1ST SESSION H. R. 4130 
To amend title 9, United States Code, with respect to arbitration. 
IN THE HOUSE OF REPRESENTATIVES 
OCTOBER 25, 2017 
Mr. O’ROURKE introduced the following bill; which was referred to the Com-
mittee on the Judiciary, and in addition to the Committee on Energy and 
Commerce, for a period to be subsequently determined by the Speaker, 
in each case for consideration of such provisions as fall within the juris-
diction of the committee concerned 
A BILL 
To amend title 9, United States Code, with respect to 
arbitration. 
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 ‘‘Mandatory Arbitration 
Transparency Act of 2017’’. 
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SEC. 2. VALIDITY AND ENFORCEABILITY OF PREDISPUTE 
ARBITRATION 
AGREEMENTS 
CONTAINING 
CONFIDENTIALITY CLAUSES. 
(a) IN GENERAL.—Title 9, United States Code, is 
amended by adding at the end the following: 
‘‘CHAPTER 4—PREDISPUTE ARBITRATION 
AGREEMENTS 
CONTAINING 
CON-
FIDENTIALITY CLAUSES 
‘‘401. Definitions. 
‘‘402. Validity and enforceability. 
‘‘§ 401. Definitions 
‘‘(a) In this chapter— 
‘‘(1) the term ‘civil rights dispute’ means a dis-
pute— 
‘‘(A) arising under— 
‘‘(i) the Constitution of the United 
States or the constitution of a State; or 
‘‘(ii) a Federal or State statute that 
prohibits discrimination on the basis of 
race, sex, disability, religion, national ori-
gin, or any invidious basis in education, 
employment, credit, housing, public accom-
modations and facilities, voting, or any 
program funded or conducted by the Fed-
eral Government or a State government, 
including any statute enforced by the Civil 
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Rights Division of the Department of Jus-
tice and any statute enumerated in section 
62(e) of the Internal Revenue Code of 
1986 (relating to unlawful discrimination); 
and 
‘‘(B) in which at least 1 party alleging a 
violation of the Constitution of the United 
States, a State constitution, or a statute pro-
hibiting discrimination is an individual; 
‘‘(2) the term ‘consumer dispute’ means a dis-
pute between an individual who seeks or acquires 
real or personal property, services, securities or 
other investments, money, or credit for personal, 
family, or household purposes and the seller or pro-
vider of such property, services, securities or other 
investments, money, or credit; 
‘‘(3) the term ‘covered confidentiality clause’ 
means a provision of a predispute arbitration agree-
ment that, with respect to an employment dispute, 
consumer dispute, or civil rights dispute, purports 
to, or could be interpreted by a reasonable person to, 
prohibit a party to the dispute from— 
‘‘(A) making a communication in a manner 
such that the prohibition would violate a State 
or Federal whistleblower statute; or 
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