{"format":1,"id":"117-hr-963","congress":117,"number":"H.R. 963","kind":"bill","group":"bills","title":"FAIR Act of 2022","title_source":"Short Title(s) as Passed House","official_title":"To amend title 9 of the United States Code with respect to arbitration.","titles":[{"type":"Official Title as Introduced","title":"To amend title 9 of the United States Code with respect to arbitration."},{"type":"Short Titles from RFS (Referred to Senate) bill text","title":"Forced Arbitration Injustice Repeal Act of 2022"},{"type":"Short Titles from RFS (Referred to Senate) bill text","title":"FAIR Act of 2022"},{"type":"Display Title","title":"FAIR Act of 2022"},{"type":"Short Title(s) as Passed House","title":"FAIR Act of 2022"},{"type":"Short Title(s) as Passed House","title":"Forced Arbitration Injustice Repeal Act of 2022"},{"type":"Short Title(s) as Reported to House","title":"Forced Arbitration Injustice Repeal Act of 2022"},{"type":"Short Title(s) as Reported to House","title":"FAIR Act of 2022"},{"type":"Short Title(s) as Introduced","title":"Forced Arbitration Injustice Repeal Act"},{"type":"Short Title(s) as Introduced","title":"FAIR Act"}],"outcome":"passed_house","law_number":null,"introduced":"2021-02-11","chambers":{"house":{"status":"roll_call","date":"2022-03-17","vote":{"id":"117-2022-h81","question":"On Passage","title":"FAIR Act","result":"Passed","yea":222,"nay":209,"present":0,"not_voting":1,"source":"https://clerk.house.gov/evs/2022/roll081.xml"}},"senate":{"status":"na","date":null,"vote":null}},"president":{"status":"na","date":null},"vice_president_tie_breaker":null,"latest_action":{"text":"Received in the Senate and Read twice and referred to the Committee on the Judiciary.","date":"2022-03-21"},"nominees":null,"amendments":[{"number":"H.Amdt. 184","sponsor":"Rep. Fitzgerald, Scott [R-WI-5]","purpose":"Amendment sought to strike the carve out for unions.","result":"Failed","date":"2022-03-17","yea":184,"nay":246,"present":0,"not_voting":2,"source":"https://clerk.house.gov/evs/2022/roll079.xml"}],"other_votes":[{"chamber":"house","date":"2022-03-17","question":"On Agreeing to the Amendment","title":"","result":"Failed","yea":184,"nay":246,"present":0,"not_voting":2,"kind":"amendment","source":"https://clerk.house.gov/evs/2022/roll079.xml"},{"chamber":"house","date":"2022-03-17","question":"On Motion to Recommit","title":"FAIR Act","result":"Failed","yea":208,"nay":222,"present":0,"not_voting":2,"kind":"procedural","source":"https://clerk.house.gov/evs/2022/roll080.xml"}],"crs_summary":{"date":"2022-03-17","stage":"Passed House","blocks":[{"k":"h","t":"Forced Arbitration Injustice Repeal Act of 2022 or the FAIR Act of 2022"},{"k":"p","t":"This bill prohibits a predispute arbitration agreement from being valid or enforceable if it requires arbitration of an employment, consumer, antitrust, or civil rights dispute."}],"words":38},"summary":{"main_subject":{"text":"Amends title 9 of the United States Code (the arbitration chapters) so that predispute arbitration agreements and predispute joint-action waivers are not valid or enforceable for employment, consumer, antitrust, and civil rights disputes.","cites":[{"label":"Sec. 3","href":"https://www.congress.gov/bill/117th-congress/house-bill/963/text/eh#H08E6EEB12FB24A4C920C7AD73200512A"},{"label":"Sec. 2","href":"https://www.congress.gov/bill/117th-congress/house-bill/963/text/eh#H504A948F4C4448E1A36B9C621981936A"}]},"core_areas":["Predispute arbitration agreements in employment, consumer, antitrust, and civil rights disputes","Predispute waivers of joint, class, or collective actions","Court determination of whether the arbitration chapter applies"],"what_it_does":[{"text":"Adds a new chapter 5 to title 9 of the United States Code providing that no predispute arbitration agreement or predispute joint-action waiver is valid or enforceable for an employment, consumer, antitrust, or civil rights dispute.","cite":{"label":"Sec. 3","href":"https://www.congress.gov/bill/117th-congress/house-bill/963/text/eh#H08E6EEB12FB24A4C920C7AD73200512A"}},{"text":"Defines \"employment dispute\" to cover a dispute between individuals and a person arising out of or related to a work relationship or prospective work relationship, whether the individual is classified as an employee or an independent contractor.","cite":{"label":"Sec. 3","href":"https://www.congress.gov/bill/117th-congress/house-bill/963/text/eh#H08E6EEB12FB24A4C920C7AD73200512A"}},{"text":"Requires that a court, rather than an arbitrator, decide whether the new chapter applies to an agreement and whether the agreement is valid and enforceable, even if the agreement delegates those questions to an arbitrator.","cite":{"label":"Sec. 3","href":"https://www.congress.gov/bill/117th-congress/house-bill/963/text/eh#H08E6EEB12FB24A4C920C7AD73200512A"}},{"text":"Provides that the new chapter does not apply to an arbitration provision in a contract between an employer and a labor organization or between labor organizations, but such a provision cannot waive a worker's right to seek judicial enforcement of a right under the Constitution or a Federal or State statute.","cite":{"label":"Sec. 3","href":"https://www.congress.gov/bill/117th-congress/house-bill/963/text/eh#H08E6EEB12FB24A4C920C7AD73200512A"}},{"text":"Makes the Act effective on the date of enactment and applies it to any dispute or claim that arises or accrues on or after that date.","cite":{"label":"Sec. 4","href":"https://www.congress.gov/bill/117th-congress/house-bill/963/text/eh#HC82C248F8FF243E59ED221E7B470CC82"}},{"text":"States that nothing in the Act is to be construed to prohibit the use of arbitration on a voluntary basis after the dispute arises.","cite":{"label":"Sec. 5","href":"https://www.congress.gov/bill/117th-congress/house-bill/963/text/eh#H36A1CE7505FE40DDAD6B825D0CABBAE5"}}],"unexpected":[{"category":"selective_carve_out","items":[{"cite":{"label":"Sec. 3","href":"https://www.congress.gov/bill/117th-congress/house-bill/963/text/eh#H08E6EEB12FB24A4C920C7AD73200512A"},"heading":"Arbitration of employment, consumer, antitrust, and civil rights disputes","effect":"Adds a chapter to title 9 that makes predispute arbitration agreements and joint-action waivers unenforceable for employment, consumer, antitrust, and civil rights disputes, and excludes arbitration provisions in contracts between an employer and a labor organization or between labor organizations, with a limit on waiving a worker's right to seek judicial enforcement.","amount":null,"quote":"Nothing in this chapter shall apply to any arbitration provision in a contract between an employer and a labor organization or between labor organizations"}]}],"version":{"type":"Engrossed in House","date":"2022-03-17","rule":"passed","href":"https://www.congress.gov/bill/117th-congress/house-bill/963/text/eh"},"current":true,"model":"claude-sonnet-5-5","approved":"2026-10-15","approved_by":"checks"},"sources":{"congress_gov":"https://www.congress.gov/bill/117th-congress/house-bill/963","text":"https://www.congress.gov/bill/117th-congress/house-bill/963/text"},"card":{"image":"card/item/117-hr-963.png","v":"bb42eb4c92df","alt":"Votes on Record. H.R. 963, 117th Congress: FAIR Act of 2022. House: 222 Yea, 209 Nay. Outcome: Passed House, 17 Mar 2022."}}