S.Amdt. 2164

SA 2164. Ms. CORTEZ MASTO submitted an amendment intended to be
proposed by her to the bill S. 2155, to promote economic growth,
provide tailored regulatory relief, and enhance consumer protections,
and for other purposes; which was ordered to lie on the table; as
follows:

At the appropriate place, insert the following:

SEC. ___. INVESTOR CHOICE.

(a) Arbitration Agreements in the Securities Exchange Act
of 1934.--Section 15(o) of the Securities Exchange Act of
1934 (15 U.S.C. 78o(o)) is amended to read as follows:
``(o) Limitations on Pre-Dispute Agreements.--
Notwithstanding any other provision of law, it shall be
unlawful for any broker, dealer, funding portal, or municipal
securities dealer to enter into, modify, or extend an
agreement with customers or clients of such entity with
respect to a future dispute between the parties to such
agreement that--
``(1) mandates arbitration for such dispute;
``(2) restricts, limits, or conditions the ability of a
customer or client of such entity to select or designate a
forum for resolution of such dispute; or
``(3) restricts, limits, or conditions the ability of a
customer or client to pursue a claim relating to such dispute
in an individual or representative capacity or on a class
action or consolidated basis.''.
(b) Arbitration Agreements in the Investment Advisers Act
of 1940.--Section 205(f) of the Investment Advisers Act of
1940 (15 U.S.C. 80b-5(f)) is amended to read as follows:
``(f) Notwithstanding any other provision of law, it shall
be unlawful for any investment adviser to enter into, modify,
or extend an agreement with customers or clients of such
entity with respect to a future dispute between the parties
to such agreement that--
``(1) mandates arbitration for such dispute;
``(2) restricts, limits, or conditions the ability of a
customer or client of such entity to select or designate a
forum for resolution of such dispute; or
``(3) restricts, limits, or conditions the ability of a
customer or client to pursue a claim relating to such dispute
in an individual or representative capacity or on a class
action or consolidated basis.''.
(c) Application.--The amendments made by this section shall
apply with respect to any agreement entered into, modified,
or extended after the date of the enactment of this Act.
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