IB 
Union Calendar No. 169 
117TH CONGRESS 
2D SESSION 
H. R. 4445 
[Report No. 117–234] 
To amend title 9 of the United States Code with respect to arbitration 
of disputes involving sexual assault and sexual harassment. 
IN THE HOUSE OF REPRESENTATIVES 
JULY 16, 2021 
Mrs. BUSTOS (for herself, Mr. GRIFFITH, Ms. JAYAPAL, and Mr. CICILLINE) 
introduced the following bill; which was referred to the Committee on the 
Judiciary 
JANUARY 28, 2022 
Additional sponsors: Mr. SMITH of New Jersey, Ms. WEXTON, Ms. NEWMAN, 
Mr. FITZPATRICK, Mr. BUCK, Mr. VAN DREW, Ms. LEE of California, 
Ms. LOIS FRANKEL of Florida, Mrs. BEATTY, Ms. PINGREE, Ms. JACK-
SON LEE, Ms. KUSTER, Mr. COOPER, Ms. GARCIA of Texas, Ms. BASS, 
Mrs. MURPHY of Florida, Mr. GARBARINO, Mr. OWENS, Mrs. TORRES of 
California, Ms. WILLIAMS of Georgia, Ms. ADAMS, and Ms. SALAZAR 
JANUARY 28, 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 July 16, 2021] 
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A BILL 
To amend title 9 of the United States Code with respect 
to arbitration of disputes involving sexual assault and 
sexual harassment. 
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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 ‘‘Ending Forced Arbitra-
tion 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 agreement. 
‘‘(2) PREDISPUTE
JOINT-ACTION
WAIVER.—The 
term ‘predispute joint-action waiver’ means an agree-
ment, whether or not part of a predispute arbitration 
agreement, that would prohibit, or waive the right of, 
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one of the parties to the agreement to participate in 
a joint, class, or collective action in a judicial, arbi-
tral, administrative, or other forum, concerning a dis-
pute that has not yet arisen at the time of the making 
of the agreement. 
‘‘(3) SEXUAL ASSAULT DISPUTE.—The term ‘sex-
ual assault dispute’ means a dispute involving a non-
consensual sexual act or sexual contact, as such terms 
are defined in section 2246 of title 18 or similar ap-
plicable Tribal or State law, including when the vic-
tim lacks capacity to consent. 
‘‘(4) SEXUAL HARASSMENT DISPUTE.—The term 
‘sexual harassment dispute’ means a dispute relating 
to the any of the following conduct directed at an in-
dividual or a group of individuals: 
‘‘(A) Unwelcome sexual advances. 
‘‘(B) Unwanted physical contact that is sex-
ual in nature, including assault. 
‘‘(C) Unwanted sexual attention, including 
unwanted sexual comments and propositions for 
sexual activity. 
‘‘(D) 
Conditioning 
professional, 
edu-
cational, consumer, health care or long-term care 
benefits on sexual activity. 
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‘‘(E) Retaliation for rejecting unwanted sex-
ual attention. 
‘‘§ 402. No validity or enforceability 
‘‘(a) IN GENERAL.—Notwithstanding any other provi-
sion of this title, at the election of the person alleging con-
duct constituting a sexual harassment dispute or sexual as-
sault dispute, or the named representative of a class or in 
a collective action alleging such conduct, no predispute ar-
bitration agreement or predispute joint-action 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 harassment 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 validity 
and enforceability of an agreement to which this chapter 
applies shall be determined by a court, rather than an arbi-
trator, irrespective of whether the party resisting arbitra-
tion 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.’’. 
(b) TECHNICAL AND CONFORMING AMENDMENTS.— 
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(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 following: 
‘‘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 following: 
‘‘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.’’. 
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(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 chapters 
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. 
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Union Calendar No. 169 
117TH CONGRESS 
2D SESSION 
H. R. 4445 
[Report No. 117–234] 
A BILL 
To amend title 9 of the United States Code with 
respect to arbitration of disputes involving sexual 
assault and sexual harassment. 
JANUARY 28, 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 
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