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II
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 Representa-
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tives of the United States of America in Congress assembled,
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SECTION 1. SHORT TITLE.
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This Act may be cited as the ‘‘Safety Over Arbitra-
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tion Act of 2019’’.
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SEC. 2. ARBITRATION OF DISPUTES INVOLVING HAZARDS
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TO PUBLIC HEALTH AND SAFETY.
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(a) IN GENERAL.—Title 9, United States Code, is
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amended by adding at the end the following:
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•S 620 IS
‘‘CHAPTER 4—ARBITRATION OF DISPUTES
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INVOLVING
HAZARDS
TO
PUBLIC
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HEALTH AND SAFETY
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‘‘Sec.
‘‘401. Definition.
‘‘402. Election of arbitration.
‘‘§ 401. Definition
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‘‘In this chapter, the term ‘hazard to public health
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or safety’ means an activity, substance, or condition that
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has a potential to cause harm to the health or safety of
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the public.
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‘‘§ 402. Election of arbitration
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‘‘(a) CONSENT REQUIRED.—Notwithstanding any
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other provision of law, whenever a contract between an
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individual and another party requires the use of arbitra-
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tion to resolve a claim or controversy alleging facts rel-
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evant to a hazard to public health or safety, arbitration
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may be used to resolve the claim or controversy only if,
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after the claim or controversy arises, all parties to the
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claim or controversy consent in writing to use arbitration.
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‘‘(b) EXPLANATION
REQUIRED.—Notwithstanding
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any other provision of law, whenever arbitration is elected
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to resolve a claim or controversy pursuant to subsection
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(a), the arbitrator shall provide the parties to the contract
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with a written explanation of the factual and legal basis
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for any award or other outcome, which shall not be made
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under seal by the arbitrator or a court.
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•S 620 IS
‘‘(c) APPLICATION.—This section shall apply to any
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contract entered into after the date of enactment of this
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chapter.’’.
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(b) TECHNICAL AND CONFORMING AMENDMENT.—
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The table of chapters for title 9, United States Code, is
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amended by adding at the end the following:
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‘‘4. Arbitration of disputes involving hazards to public
health and safety ...................................................
401’’.
Æ
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