S.Amdt. 2600

SA 2600. Mrs. GILLIBRAND submitted an amendment intended to be
proposed by her to the bill S. 4638, to authorize appropriations for
fiscal year 2025 for military activities of the Department of Defense,
for military construction, and for defense activities of the Department
of Energy, to prescribe military personnel strengths for such fiscal
year, and for other purposes; which was ordered to lie on the table; as
follows:

At the end of subtitle H of title X, add the following:

SEC. 1095. PREDISPUTE ARBITRATION OF DISPUTES INVOLVING AGE
DISCRIMINATION.

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

``CHAPTER 5--ARBITRATION OF DISPUTES INVOLVING AGE DISCRIMINATION

``Sec.
``501. Definitions.
``502. No validity or enforceability.

``Sec. 501. Definitions

``In this chapter:
``(1) Age discrimination dispute.--The term `age
discrimination dispute' means a dispute relating to conduct
that is alleged to constitute age discrimination against a
person who is not less than 40 years of age in any form,
including disparate treatment, disparate impact, harassment,
and retaliation, that is prohibited under applicable Federal,
Tribal, or State law (including local law).
``(2) Predispute arbitration agreement; predispute joint-
action waiver.--The terms `predispute arbitration agreement'
and `predispute joint-action waiver' have the meanings given
the terms in section 401.

``Sec. 502. No validity or enforceability

``(a) In General.--Notwithstanding any other provision of
this title, at the election of the person alleging conduct
constituting an age discrimination dispute, or the named
representative of a class or in a collective action alleging
such conduct, no predispute arbitration agreement or
predispute joint-action waiver shall be valid or enforceable
with respect to a case which is filed under Federal, Tribal,
or State law and relates to the age discrimination dispute.
``(b) Determination of Applicability.--An issue as to
whether this chapter applies with respect to a dispute shall
be determined under Federal law. The applicability of this
chapter to an agreement to arbitrate and the validity and
enforceability 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, and irrespective of whether the agreement purports
to delegate such determinations to an arbitrator.''.
(b) Technical and Conforming Amendments.--
(1) In general.--Title 9 of the United States Code is
amended--
(A) in section 2, by inserting ``or 5'' before the period
at the end;
(B) in section 208, in the second sentence, by inserting
``or 5'' before the period at the end; and
(C) in section 307, in the second sentence, by inserting
``or 5'' before the period at the end.
(2) Table of chapters.--The table of chapters for title 9,
United States Code, is amended by adding at the end the
following:

``5. Arbitration  of disputes involving age discrimination..501.''.....

(c) Applicability.--This section, and the amendments made
by this section, shall apply with respect to any dispute or
claim that arises or accrues on or after the date of
enactment of this Act.
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