SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Ending Forced Arbi-
tration of Sexual Assault and Sexual Harassment Act of 
2021’’. 
SEC. 2. PREDISPUTE ARBITRATION OF DISPUTES INVOLV-
ING SEXUAL ASSAULT AND SEXUAL HARASS-
MENT. 
(a) IN GENERAL.—Title 9 of the United States Code 
is amended by adding at the end the following: 
‘‘CHAPTER 4—ARBITRATION OF DISPUTES 
INVOLVING 
SEXUAL 
ASSAULT 
AND 
SEXUAL HARASSMENT 
‘‘Sec. 
‘‘401. Definitions. 
‘‘402. No validity or enforceability. 
‘‘§ 401. Definitions 
‘‘In this chapter: 
‘‘(1) PREDISPUTE ARBITRATION AGREEMENT.— 
The term ‘predispute arbitration agreement’ means 
any agreement to arbitrate a dispute that had not 
yet arisen at the time of the making of the agree-
ment. 
‘‘(2) PREDISPUTE JOINT-ACTION WAIVER.—The 
term ‘predispute joint-action waiver’ means an 
agreement, whether or not part of a predispute arbi-
tration agreement, that would prohibit, or waive the 
right of, one of the parties to the agreement to par-
ticipate in a joint, class, or collective action in a ju-
dicial, arbitral, administrative, or other forum, con-
cerning a dispute that has not yet arisen at the time 
of the making of the agreement. 
‘‘(3) SEXUAL
ASSAULT
DISPUTE.—The term 
‘sexual assault dispute’ means a dispute involving a 
nonconsensual sexual act or sexual contact, as such 
terms are defined in section 2246 of title 18 or simi-
lar applicable Tribal or State law, including when 
the victim lacks capacity to consent. 
‘‘(4) SEXUAL
HARASSMENT
DISPUTE.—The 
term ‘sexual harassment dispute’ means a dispute 
relating to conduct that is alleged to constitute sex-
ual harassment under applicable Federal, Tribal, or 
State law. 
‘‘§ 402. No validity or enforceability 
‘‘(a) IN GENERAL.—Notwithstanding any other pro-
vision of this title, at the election of the person alleging 
conduct constituting a sexual harassment dispute or sex-
ual assault dispute, or the named representative of a class 
or in a collective action alleging such conduct, no 
predispute arbitration agreement or predispute joint-ac-
tion waiver shall be valid or enforceable with respect to 
a case which is filed under Federal, Tribal, or State law
and relates to the sexual assault dispute or the sexual har-
assment dispute. 
‘‘(b) DETERMINATION OF APPLICABILITY.—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 valid-
ity and enforceability of an agreement to which this chap-
ter applies shall be determined by a court, rather than 
an arbitrator, irrespective of whether the party resisting 
arbitration challenges the arbitration agreement specifi-
cally 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.’’. 
(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 other-
wise provided in chapter 4’’ before the period at 
the end; 
(B) in section 208— 
(i) in the section heading, by striking 
‘‘Chapter 1; residual application’’ 
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 
(C) in section 307— 
(i) in the section heading, by striking 
‘‘Chapter 1; residual application’’ 
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 for 
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 for 
chapter 3 of title 9, United States Code, is 
amended by striking the item relating to section 
307 and inserting the following: 
‘‘307. Application.’’. 
(3) TABLE OF CHAPTERS.—The table of chap-
ters for title 9, United States Code, is amended by 
adding at the end the following:
‘‘4. Arbitration of disputes involving sexual assault and 
sexual harassment .................................................
401’’. 
SEC. 3. APPLICABILITY. 
This Act, and the amendments made by this Act, 
shall apply with respect to any dispute or claim that arises 
or accrues on or after the date of enactment of this Act. 
Passed the House of Representatives February 7, 
2022. 
Attest: 
Clerk.
117TH CONGRESS 
2D SESSION 
H. R. 4445 
AN ACT 
To amend title 9 of the United States Code with 
respect to arbitration of disputes involving sexual 
assault and sexual harassment.