Title: Safety Over Arbitration Act of 2019
Policy area: Law

Summary:
Safety Over Arbitration Act of 2019
This bill limits the use of mandatory arbitration agreements in disputes involving a hazard to public health or safety.
Specifically, the bill prohibits the use of arbitration to resolve such a dispute unless all parties agree to arbitration in writing after the dispute arises.

[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 620 Introduced in Senate (IS)]

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116th CONGRESS
  1st Session
                                 S. 620

   To amend title 9, United States Code, with respect to arbitration.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           February 28, 2019

 Mr. Whitehouse (for himself, Mr. Leahy, Mrs. Murray, Mr. Durbin, Mr. 
  Merkley, Ms. Hirono, and Mr. Markey) introduced the following bill; 
  which was read twice and referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
   To amend title 9, United States Code, with respect to arbitration.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Safety Over Arbitration Act of 
2019''.

SEC. 2. ARBITRATION OF DISPUTES INVOLVING HAZARDS TO PUBLIC HEALTH AND 
              SAFETY.

    (a) In General.--Title 9, United States Code, is amended by adding 
at the end the following:

``CHAPTER 4--ARBITRATION OF DISPUTES INVOLVING HAZARDS TO PUBLIC HEALTH 
                               AND SAFETY

``Sec.
``401. Definition.
``402. Election of arbitration.
``Sec. 401. Definition
    ``In this chapter, the term `hazard to public health or safety' 
means an activity, substance, or condition that has a potential to 
cause harm to the health or safety of the public.
``Sec. 402. Election of arbitration
    ``(a) Consent Required.--Notwithstanding any other provision of 
law, whenever a contract between an individual and another party 
requires the use of arbitration to resolve a claim or controversy 
alleging facts relevant to a hazard to public health or safety, 
arbitration may be used to resolve the claim or controversy only if, 
after the claim or controversy arises, all parties to the claim or 
controversy consent in writing to use arbitration.
    ``(b) Explanation Required.--Notwithstanding any other provision of 
law, whenever arbitration is elected to resolve a claim or controversy 
pursuant to subsection (a), the arbitrator shall provide the parties to 
the contract with a written explanation of the factual and legal basis 
for any award or other outcome, which shall not be made under seal by 
the arbitrator or a court.
    ``(c) Application.--This section shall apply to any contract 
entered into after the date of enactment of this chapter.''.
    (b) Technical and Conforming Amendment.--The table of chapters for 
title 9, United States Code, is amended by adding at the end the 
following:

``4. Arbitration of disputes involving hazards to public         401''.
                            health and safety.
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