I 
115TH CONGRESS 
1ST SESSION H. R. 1396 
To restore statutory rights to the people of the United States from forced 
arbitration. 
IN THE HOUSE OF REPRESENTATIVES 
MARCH 7, 2017 
Mr. CICILLINE (for himself, Mr. CONYERS, Ms. MAXINE WATERS of Cali-
fornia, Mr. JOHNSON of Georgia, Ms. JACKSON LEE, Ms. SCHAKOWSKY, 
Mr. COHEN, Ms. JAYAPAL, Mr. RASKIN, Mr. TED LIEU of California, Ms. 
HANABUSA, Ms. BONAMICI, Mr. SEAN PATRICK MALONEY of New York, 
and Mr. GRIJALVA) introduced the following bill; which was referred to 
the Committee on the Judiciary 
A BILL 
To restore statutory rights to the people of the United States 
from forced 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 ‘‘Restoring Statutory 
Rights and Interests of the States Act of 2017’’. 
SEC. 2. FINDINGS AND INTENT. 
(a) FINDINGS.—Congress finds the following: 
VerDate Sep 11 2014 
03:32 Mar 11, 2017
Jkt 069200
PO 00000
Frm 00001
Fmt 6652
Sfmt 6201
E:\BILLS\H1396.IH
H1396
SSpencer on DSK4SPTVN1PROD with BILLS
(1) Chapter 1 of title 9, United States Code 
(commonly known as the ‘‘Federal Arbitration 
Act’’), represented an exercise of legislative power 
that required courts to recognize private voluntary 
agreements to arbitrate commercial disputes at a 
time when the courts were refusing to do so on 
grounds that arbitration represented a usurpation of 
the authority of the courts to resolve legal disputes. 
(2) The Federal Arbitration Act did not, and 
should not have been interpreted to, supplant or nul-
lify the legislatively created rights and remedies 
which Congress, exercising its power under article I 
of the Constitution of the United States, has grant-
ed to the people of the United States for resolving 
disputes in State and Federal courts. 
(3) Recent court decisions, including AT&T Mo-
bility v. Concepcion, 563 U.S. 333 (2011) and 
American Express Co. v. Italian Colors Restaurant, 
133 S.Ct. 2304 (June 20, 2013), have interpreted 
the Federal Arbitration Act to broadly preempt 
rights and remedies established under substantive 
State and Federal law. As a result, these decisions 
have enabled business entities to avoid or nullify 
legal duties created by congressional enactment, re-
sulting in millions of people in the United States 
VerDate Sep 11 2014 
03:32 Mar 11, 2017
Jkt 069200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6201
E:\BILLS\H1396.IH
H1396
SSpencer on DSK4SPTVN1PROD with BILLS
being unable to vindicate their rights in State and 
Federal courts. 
(4) States have a compelling interest in enact-
ing rights and remedies to protect the welfare of 
their citizens, and the Federal Arbitration Act 
should not be, and should not have been, interpreted 
to preempt State legislation that enacted rights and 
remedies to protect the welfare of their citizens. 
(b) INTENT OF CONGRESS.—In enacting this Act, it 
is the intent of Congress— 
(1) to restate and reinstitute the primacy of 
congressional and State legislative bodies as the cre-
ators of the rights and remedies available to all the 
people of the United States; 
(2) to clarify that congressionally established 
rights and remedies may not be waived prior to the 
institution of a dispute by the party intended to be 
protected by such statute; and 
(3) to reinstate and reaffirm existing rights and 
remedies of the people of the United States enacted 
since the enactment of the Federal Arbitration Act 
regarding access to the courts that have, or may 
have been, abrogated or diminished. 
VerDate Sep 11 2014 
03:32 Mar 11, 2017
Jkt 069200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6201
E:\BILLS\H1396.IH
H1396
SSpencer on DSK4SPTVN1PROD with BILLS
SEC. 3. ARBITRATION OF FEDERAL STATUTORY CAUSES OF 
ACTION. 
(a) ADJUDICATION OF FEDERAL STATUTORY RIGHTS 
OF ACTION.—Section 2 of title 9, United States Code, is 
amended— 
(1) by striking ‘‘A written’’ and inserting ‘‘(a) 
IN GENERAL.—Except as provided in subsection (b), 
a written’’; and 
(2) by adding at the end the following: 
‘‘(b) EXCEPTION.—Subsection (a) shall not apply to 
a written provision that requires arbitration of a claim for 
damages or injunctive relief brought by an individual or 
small business concern (as defined in section 3 of the 
Small Business Act (15 U.S.C. 632)), in either an indi-
vidual or representative capacity, arising from the alleged 
violation of a Federal or State statute, the Constitution 
of the United States, or a constitution of a State, unless 
the written agreement to arbitrate is entered into by both 
parties after the claim has arisen and pertains solely to 
an existing claim. 
‘‘(c) INTERACTION WITH STATE LAW.—For pur-
poses of subsection (a), the phrase ‘grounds as exist at 
law or in equity for the revocation of a contract’ shall in-
clude a Federal or State statute, or the finding of a Fed-
eral or State court, that prohibits the agreement to arbi-
trate on grounds that the agreement is unconscionable, in-
VerDate Sep 11 2014 
03:32 Mar 11, 2017
Jkt 069200
PO 00000
Frm 00004
Fmt 6652
Sfmt 6201
E:\BILLS\H1396.IH
H1396
SSpencer on DSK4SPTVN1PROD with BILLS
valid because there was no meeting of the minds, or other-
wise unenforceable as a matter of contract law or public 
policy. 
‘‘(d) VALIDITY AND ENFORCEABILITY.—A determi-
nation as to whether this chapter applies to an agreement 
to arbitrate shall be made by a court, rather than an arbi-
trator, irrespective of whether the party resisting arbitra-
tion challenges the agreement to arbitrate specifically or 
in conjunction with other terms of the contract containing 
such agreement.’’. 
SEC. 4. VACATING AN AWARD MADE IN VIOLATION OF SEC-
TION 2 OF TITLE 9, UNITED STATES CODE. 
Section 10(a) of title 9, United States Code, is 
amended— 
(1) in paragraph (3), by striking ‘‘or’’ at the 
end; 
(2) in paragraph (4), by striking the period at 
the end and inserting ‘‘; or’’; and 
(3) by adding at the end the following: 
‘‘(5) where the arbitration took place in viola-
tion of section 2.’’. 
SEC. 5. EFFECTIVE DATE. 
This Act, and the amendments made by this Act, 
shall take effect on the date of enactment of this Act and 
VerDate Sep 11 2014 
03:32 Mar 11, 2017
Jkt 069200
PO 00000
Frm 00005
Fmt 6652
Sfmt 6201
E:\BILLS\H1396.IH
H1396
SSpencer on DSK4SPTVN1PROD with BILLS
shall apply with respect to any dispute or claim that arises 
on or after such date of enactment. 
Æ 
VerDate Sep 11 2014 
03:32 Mar 11, 2017
Jkt 069200
PO 00000
Frm 00006
Fmt 6652
Sfmt 6301
E:\BILLS\H1396.IH
H1396
SSpencer on DSK4SPTVN1PROD with BILLS