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House Bill 8608
116th Congress(2019-2020)
Carrie’s Law
Introduced
Introduced
Introduced in House on Oct 16, 2020
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Introduced in House 
Oct 16, 2020
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Introduced in House(Oct 16, 2020)
Oct 16, 2020
No Linkage Found
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Multiple bills can contain the same text. This could be an identical bill in the opposite chamber or a smaller bill with a section embedded in a larger bill.
Bill Sponsor regularly scans bill texts to find sections that are contained in other bill texts. When a matching section is found, the bills containing that section can be viewed by clicking "View Bills" within the bill text section.
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H. R. 8608 (Introduced-in-House)


116th CONGRESS
2d Session
H. R. 8608


To amend title 9 of the United States Code to prohibit the enforcement of predispute arbitration agreements with respect to sexual assault claims.

IN THE HOUSE OF REPRESENTATIVES

October 16, 2020

Mrs. Lesko (for herself and Ms. Bass) introduced the following bill; which was referred to the Committee on the Judiciary

A BILL

To amend title 9 of the United States Code to prohibit the enforcement of predispute arbitration agreements with respect to sexual assault claims.

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 “Carrie’s Law”.

SEC. 2. Arbitration of sexual assault claims.

(a) In general.—Title 9 of the United States Code is amended by adding at the end the following:

“CHAPTER 4—ARBITRATION OF SEXUAL ASSAULT CLAIMS


“Sec.
“401. Definitions.
“402. Limit on validity and enforceability.

Ҥ 401. Definitions

“In this chapter—

“(1) the term ‘predispute arbitration agreement’ means any agreement to arbitrate a claim that had not yet arisen at the time of the making of the agreement; and

“(2) the term ‘sexual assault’ means a nonconsensual sexual act or sexual contact, as those terms are defined in section 2246 of title 18, or similar applicable State or Tribal law, including when the victim lacks capacity to consent.

Ҥ 402. Limit on validity and enforceability

“(a) In general.—Notwithstanding any other provision of this title, a predispute arbitration agreement shall have no force or effect with respect to a sexual assault claim.

“(b) Related claims.—

“(1) IN GENERAL.—Subject to paragraph (2), and notwithstanding any other provision of this title, a predispute arbitration agreement shall have no force or effect with respect to a claim asserted by a sexual assault victim that is based upon that sexual assault.

“(2) SEXUAL ASSAULT CLAIM DISMISSED.—

“(A) IN GENERAL.—If a court dismisses with prejudice a sexual assault claim that, but for subsection (a), would have been subject to a predispute arbitration agreement—

“(i) the court shall dismiss any other claim that, but for paragraph (1) of this subsection, would have been subject to a predispute arbitration agreement; and

“(ii) the relevant predispute arbitration agreement shall apply with respect to any claim dismissed under clause (i).

“(B) TOLLING.—Any time period under a predispute arbitration agreement that is applicable to a claim dismissed under subparagraph (A)(i) shall be tolled during the period during which the claim was pending before a Federal court.

“(c) Applicability.—An issue as to whether this chapter applies to an arbitration agreement or a claim shall be determined under Federal law. The applicability of this chapter to an agreement to arbitrate or a claim and the force or effect of an agreement to which this chapter applies shall be determined by a court, rather than an arbitrator, irrespective of whether the party resisting arbitration challenges the arbitration agreement specifically or in conjunction with other terms of the contract containing such agreement.”.

(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 otherwise 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.”.

(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 sexual assault claims 401”.




SEC. 3. Prospective effect.

This Act, and the amendments made by this Act, shall take effect on the date of enactment of this Act and shall apply with respect to any claim that arises on or after such date.