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Senate Bill 542
115th Congress(2017-2018)
Safety Over Arbitration Act of 2017
Introduced
Introduced
Introduced in Senate on Mar 7, 2017
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Introduced in Senate 
Mar 7, 2017
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Introduced in Senate(Mar 7, 2017)
Mar 7, 2017
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S. 542 (Introduced-in-Senate)


115th CONGRESS
1st Session
S. 542


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

IN THE SENATE OF THE UNITED STATES

March 7, 2017

Mr. Whitehouse (for himself, Mr. Leahy, Mrs. Murray, Mr. Durbin, Mr. Franken, Ms. Hirono, Mr. Markey, and Mr. Merkley) 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 2017”.

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 such claim or controversy only if, after such controversy arises, all parties to such 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 such 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 health and safety 401”.