need us. and that we shouldn't -- we wouldn't be standing here if that simple ancient value wasn't deeply engrained into our very existence. so, illinois, the state of our great state is strong, unbreakable and enduring. [applause] it is sustained every day by the deep, overwhelming kindness of its people, by the hopes of its leaders and by our common commitment to facing uncertain tomorrow with the strength built by surviving our yesterdays. thank you and god bless you. [applause] [captioning performed by the national captioning institute, which is responsible for its caption content and accuracy. visit ncicap.org] [captions copyright national cable satellite corp. 2022]

>> the u.s. house returning now for debate on forced arbitration of sexual assault and sexual harassment disputes in the workplace. as early as tomorrow members could take up a short-term spending bill to fund the federal government past the february 18 deadline. live coverage of the house here on c-span.

the speaker pro tempore: the house will be in order. the chairlogical receive a message. the messenger: madam speaker, a message from the president of the united states. the secretary: madam speaker. the speaker pro tempore: mr. secretary. the secretary: i am directed by the president of the united states to delivered to the house of representatives a message in writing. the speaker pro tempore: for what purpose does the gentleman from new york, mr. nadler, seek recognition? mr. nadler: madam speaker, pursuant to house resolution 900, i call up h.r. 4445, the

ending forced arbitration of sexual assault and sexual harassment act of 2021 and ask for its immediate consideration in the house. the speaker pro tempore: the clerk will report the title of the bill. the clerk: union calendar number 169, h.r. 4445, a bill title 9 of the united states code with respect to arbitration of disputes involving sexual assault and sexual harassment. the speaker pro tempore: pursuant to house resolution 900, in lieu of the amendment in the nature of a substitute recommended by the committee on the judiciary -- excuse me -- printed in the bill, an amendment in the nature of a substitute consisting of the text of the rules committee print 117-29, is adopted, and the bill, as amended, is considered as read. the bill, as amended, shall be debatable for one hour equally divided and controlled by the chair and ranking minority member of the committee on the judiciary or their respective designees. after one hour of debate, it shall be in order to consider

the further amendment printed in part b of house report 117-241 if offered by the member designated in the member, which shall be considered as read, shall be separately debatable for a time specified in the report equally divided and controlled by the proponent and an opponent, and shall not be subject to a demand for division of the question. the gentleman from new york, mr. nadler, and the gentlewoman from minnesota, mrs. fischbach, each will control 30 minutes. the chair recognizes the gentleman from new york, mr. nadler. mr. nadler: madam speaker, i ask unanimous consent that all members may have five legislative days to revise and extend and insert extraneous material on h.r. 4445. the speaker pro tempore: without objection. mr. nadler: madam speaker, i yield myself three minutes. the speaker pro tempore: the gentleman is recognized for three minutes. mr. nadler: madam speaker, h.r. 4445, the ending forced arbitration of sexual assault and sexual harassment act of 2021 will help those who were

forced to settle their disputes in arbitration that's often stacked against them. arbitration was originally developed as an alternative to the court system for parties of relatively equal bargaining power to enter into voluntarily. in recent decades, however, forced arbitration clauses have become ubiquitous in our lives, largely in take it or leave it contracts between very large companies and individual consumers. as a result, these clauses have rendered our court system in which plaintiffs have far stronger protections, inaccessible to far too many. none of is more problematic than in the workplace. it's projected that by 2024, 80% of private sector workers will be forced to sign an arbitration clause when accepting employment. and consider that over the past five years, employers prevailed over their employees in 98% of these arbitration cases. but these numbers cannot capture the full human toll of forced

arbitration. last november, the judiciary committee heard powerful committee from power survivors of sexual assault and sexual harassment about their haroing experiences and -- harrowing experiences and the deep wounds they have today. it's a hearing none of us will forget. and we appreciate these brave women coming forward and sharing their stories. each of these women were subject to horrific treatment by a person with power over their lives. then, when they sought to hold their assailants accountable in court, they were forced to relive the trauma of their harassment and assault to final their only recourse was a secret beive -- secretive arbitration process that was stacked against them. it's very deep in the fine print of paperwork. foreclose the possibility of ever having a day in court and in almost every day, taking away their right to even discuss their experience. the company gets to pick the

judge and the jury, truncate the discovery process, choose the law applied, and prevent all appeals. when the company wins, it can request that the victim pay its attorney's fees and can ensure that misconduct never sees the light of day. h.r. 4445 removes these barriers to justice for survivors of sexual assault or sexual half. of giving -- harassment of giving them a choice of going to court. this will end this unjust and frankly repulsive system in which american companies are better off retaliating against victims of sexual assault than taking responsibility and holding perpetrators responsible for their crimes -- actions. crimes, too. i thank my colleagues, representatives bustos, griffith, jayapal, and buck for their leadership on this issue. i urge my colleagues to support this bipartisan legislation, and i reserve the balance of my time. the speaker pro tempore: the gentlelady from minnesota.

mrs. fischbach: thank you, madam speaker. and i thank my colleague from new york for yielding me the customary 30 minutes. we are here today to discuss h.r. 4445, sexual harassment and sexual assault are despicable actions. victims of sexual harassment and assault should be heard and they should not be intimidated into silence. the judiciary committee heard important testimony from victims of sexual harassment and assault. it took real courage for those victims to tell their stories to us. what they've had to face are terrible, and sexual harassment should not be tolerated. this bill will not make victims better off. it raises real policy concerns. the committee received testimony

from experts explaining the bill's flaws. for example, this bill's supporters seem to assume all arbitration is secret, that arbitration automatically keeps victims from going to the authorities or publicizing their experiences. that's not accurate. arbitration is not intrinsically secret or otherwise confidential. put simply, agreeing to resolve a case outside of court is different than agreeing to silence. that distinction matters today because much of the argument for this bill comes from concerns about secrecy rather than whether justice can be served in the arbitration context. and despite that emphasis, h.r. 4445 does not actually address confidentiality or nondisclosure agreements. even if bill is enacted, it's possible that separate contract provisions can keep details about an employer under wraps.

but in all likelihood, this bill would effectively end most arbitration in these contexts, even when arbitration would benefit a victim. because the bill fundamentally changes an arbitration clause from a mutual commitment to use an alternative dispute resolution into a one-sided election for an injured party. if h.r. 4445 becomes law, contracts will be far less likely to include the option to arbitrate. if parties cannot agree in advance to arbitrate, the plaintiffs may never have access to arbitration. this unintended consequence will have real-world implications, especially for victims who lack deep pockets or do not have the possibility for a high-dollar settlement that some high-profile cases can obtain. lawsuits are often long and expensive and big corporations have more resources to will he

gait -- litigate most victims. this is harrowing for victims. they could be subject to depositions or even a public trial and it may even be harder for victims to tell their stories in litigation and get justice given the rules of evidence that may apply. democrats cast aside these concerns and they ignore how arbitration is generally a good way to resolve disputes. why are some in congress so intent on taking this legislation forward today? for years, democrats have tried to put -- to gut arbitration agreements for all kinds of different claims and plaintiffs. if democrats have their way, everyone from consumers to civil rights plaintiffs to those with antitrust claims to individuals using financial service products and others would not be able to contract in advance to resolve disputes through arbitration.

instead, they would be forced into the courts. congress should stand ready to improve the legal system, but we must make sure that whatever congress does will actually be an improvement. what we have before us today is congress changing existing and agreed-to contracts. i have real concerns about government retroactively nullifying existing contractual agreements no matter how well-intentioned it is. and i urge you to all carefully consider the ramifications of h.r. 4445. i reserve. the speaker pro tempore: the gentleman from new york. mr. nadler: madam speaker, i now yield four minutes to the sponsor of this bill, the distinguished gentlelady from illinois, mrs. bustos. the speaker pro tempore: the chair recognizes the gentlelady from illinois is recognized for four minutes. mrs. bustos: i rise in

enthusiastic of my bill, enepidemicing forced arbitration of sexual assault and sexual harassment act. 69,000 women were suing sterling, incorporated, for sexual harassment, sexual assault, and sexual discrimination. sterling is the parent company of kay and jared jewelers and, yes, i did say 69,000. i had to double check that over and over. not 69, 6,900, but 69,000 women. if you didn't do what he wanted with him, you wouldn't get your preferred store or raise. that's what sonya douglas, a former employee, testified. a boozy, no spouses allowed sex fest where attendance was mandatory and women were aggressively pursued, groped, and harassed. that's how meetings at the

company were described. you were meat being shopped. that's how a former employee described her workplace. each story was more disturbing than the story before it. managers demanding sexual acts in exchange for employee benefits. company events where women were expected to undress publicly. in one story, a former employee attended an overnight meeting where she woke up with her underwear pushed down to her ankles, a manager raping her. this type of sexual perverseness in the workplace went on for years, and it all stayed secret. and the reason for that secrecy? because of one single legal clause hidden deep down in these women's employment paperwork. a clause that says, if a claim

arises between an employer and an employee, it must go to arbitration. and taking a case like this to court is prohibited. my bill would make it illegal to enforce agreements that mandate third-party arbitration, which is a type of legal dispute resolution that is conducted behind closed doors and often favors the employer. seems simple, right? well, that one tiny clause protected a company of abusers and silenced those 69,000 women, just at sterling, incorporated. that's just one single company we're talking about. the stories go on and the bad actors aren't just at workplaces. while 60 million -- that's 60 million americans are working under these forced arbitration clauses through their employers,

the real number of people impacted by this incredibly common pitfall is huge. many more millions of americans have signed away their rights through property leases, rideshare applications, moving companies, nursing homes, grocery deliveries, that terms and conditions box that we've all simply checked off after downloading an app or hiring a service that might just have an arbitration clause hiding in it ready to strip away your right to go to court if you have been sexual leija rased or -- while e eliminated these practices, it is time to do away with these legal traps for good. this will invalidate any forced arbitration clause in any contract or agreement in the case of sexual assault or

harassment and my bill has widespread support among republicans and democrats over in the senate and here in the house. i wan to thank those who helped us get here today. representatives, ken buck, david cicilline, senators and our champion, gretchen carlson. i look forward when our sexual assault survivors can have their day in court. mrs.fischbach: i yield two minutes to the gentleman from virginia. the speaker pro tempore: the gentleman is recognized for two minutes. >> i rise in support of h. r. 4445 the ending forced arbitration of sexual assault. i believe previous agreements are useful and can allow

disagreements to be resolved, but we must acknowledge in the case of sexual assault and sexual harassment no one signs says i'm going to be sexually harassed or risk sexual abuse. they don't sign up for that. and most of these contracts, you have to accept it and there will be a couple of pages that have the big items, term of the employment, salary, promotion, vacation, and then they will incorporate a handbook and will have language that says all dispute must go to mandatory arbitration and the people who are doing the arbitration aren't lawyers, the rules of law aren't applied but how they feel. this has created a situation relating to sexual assault is unconscionable and shocks the

conscience and it is a violation of public policy and should be eliminated. i'm surprised courts haven't come to that conclusion. this act will do it once and for all and done or jobs to make sure in these egregious situations the individual who is making the claim and probably been assaulted or ha rayed will have an opportunity to go to court or have the opportunity to go to binding arbitration but they will have a choice instead of arbiters that will make an outcome that will affect them for the rest of their lives. it is important and looks like things are going well. but you never know. but there has been an allege that is retroactive and that is

not accurate as to cases that are currently pending but to cases that are currently signed. i yield back. the speaker pro tempore: the gentleman from new york. mr. nadler: i now yield two minutes to the distinguished gentlelady from washington, ms. jayapal. ms. jayapal: this is a landmark day. h. r. 4445 will ensure that tens of millions of people are no longer silent in instances where there is sexual harassment and sexual assault. these agreements require that people with dispute against companies use a one-sided mediation process. sexual assault and survivors with claims against a company are stripped how to pursue

accountability for their perpetrator. it is a lose-lose scenario. he people have to sign these agreements and face retaliation and backlash. this bipartisan bill is essential for survivors like one of my constituents who testified at a house judiciary. she needed protection because forced arbitration took away her rights to speak about the severe harassment she endured from her boss and former c.e.o. at the hearing, she testified that quote, the person who changed my life forever continues to abuse me because forced arbitration gives him the power to do it in secrete. her freedom to discuss her experiences publicly had real

impact. the c.e.o. was finally fired and another re-signed. her story and countless stories show why this bill is so critical. i am so proud to co-lead this bill with representative bustos and i thank them for their leadership as well. no one should have to endure what happened to and others like her. we have the opportunity in the house of representatives to fix this right for millions of brave survivors. vote yes on h. r. 4445. the speaker pro tempore: the gentleman from new york. mr. nadler: madam speaker, i now yield 1:30 to distinguished the gentleman from new york,

mr. jeffries. the speaker pro tempore: the gentleman is recognized for 90 seconds. mr. jeffries: i thank my good friend and colleague representative bustos. the people of america, the women of america have a right to be free of sexual harassment and the women of america have a right to be free of sexual assault and the women of america have a right to be free of a hostile work environment and deserve their day in court. the process of forced arbitration undermines these rights without providing an adequate remedy. the america people are being hood-winked and led astray by forced arbitration. this practice of forced

arbitration is unjust, unconscionable and unable. and it will make it unlawful and i urge strong support for that liberty and justice for all can prevail. i yield back. the speaker pro tempore: the gentlelady from minnesota. mrs.fischbach: i reserve. the speaker pro tempore: the gentleman from new york. mr. nadler: i yield to the gentleman from georgia, mr. johnson, one minute. the speaker pro tempore: the gentleman is recognized for one minute. mr. johnson: i thank the chairman for allowing me to speak and i commend my colleague, representative bustos for introducing this legislation. it is a travesty for a woman to

be subjected to sexual harassment and sexual assault on the job. often it takes place in a job setting where there is a culture of sexual harassment and sexual assault and when these women find after they have been assaulted that they are barred from going to court because they have been hoodwinked into a forced arbitration agreement with their employer, they are surprised because at that point, they have been assaulted for a second time because when they go into arbitration, you find the deck is stacked against the victim in favor of the perpetrator. this legislator gets at that problem by making those kinds of agreements unenforceable. i fully support this legislation and i ask my colleagues to support this good common sense

legislation. justice is all that is asked for. mrs.fischbach: i yield two minutes to the gentleman from florida. the speaker pro tempore: the gentleman is recognized for two minutes. >> i thank the gentlelady for yielding and for the fourth consecutive year i rise as one of the knew republicans in strong support of this good legislation. here is the presented, should sexual harassers get to pick their juries in advance? mr. gaetz: the article 3 courts we have set up for any and all function as the proper venue, but for tens of millions of american workers, that courthouse door is closed and locked and inaccessible and the system exists for justice, private sector justice and big business wins more cases and

shuts down more awards and able to reduce awards as opposed to the setting that anybody else would be able to enter in a taxpayer-funded. that is wrong. no one reads the fine print and someone has to environs teur sexual harassment in the workplace or to evade consequence. i thank the majority for incorporating a number of the minority's views to make this become law and i hope i'm not here for a fifth year advocating for its passage again. the speaker pro tempore: the chair will eve receive amessage. the messenger: a ceaseage from the senate. the secretary: the senate has agreed to h. r. 1281 and ask that the department of veteran

affairs outpatient clinic in gayrecord clinic as the department of veteran affairs clinic. the speaker pro tempore: the gentleman from new york. mr. nadler: i yield three minutes to a distinguished member of the judiciary committee, ms. jackson lee. the speaker pro tempore: the gentlelady is recognized. ms. jackson lee: i thank my distinguished friend, congresswoman bustos for her determination. h. r. 4445 is restoring freedom and justice to women. it is a bipartisan piece of legislation that will not allow any predispute joint action waiver to be valid or enforceable with respect to a case which is filed under

federal, tribal or state law and relates to a sexual harassment dispute. this is a bipartisan bill and acknowledges that this is an absolute injustice and falls in certain segment of the population. stephanie and many witnesses came before us, witness after witness after witness gave us horror stories of isolation and fear and the inability because of the fine print to do anything about it. what about stephanie, alleged she worked in a sexually charged and hostile work environment being subjected to sexually explicit language and groping. let me say that again, touching in her space from her employer,

sexual advances and groping and images, how can you work as a professional? think of the levels of work that women are in to domestic to scientists and c.e.o.'s. but yet, they are subjected to this kind of behavior. and according to her petition she complained to human resources and guess what her relief was and empathy was shown and guess what comfort and reforming the system, it was her being fired. that's right. she was fired. how many stories of women that are not yet told who were fired. and so this agreement of which my colleague has worked on and pleased in the judiciary committee of moving this legislation, this will end these arbitration agreements that snuck in into a pact of

materials that you sign. it is imperative that we pass it. but more important that it is pass dollars in the senate and signed by the president and becomes law. i thank all of the witnesses who came before us and they sacrificed and suffered and hopefully today will be a freedom and pronouncement of freedom for women who struggled for this. this is relief that is long in coming and should remove from lying silent agreement. freedom and justice for women in the work force today. mrs. fischbach: madam speaker, i reserve. the speaker pro tempore: the gentleman from new york. mr. nadler: i yield two minutes to another distinguished member of the judiciary committee, the gentleman from rhode island, mr. cicilline.

the speaker pro tempore: the gentleman is recognized for two minutes. mr. cicilline: thank you, madam speaker. i thank the gentleman for yielding. you know, i heard some of my friends on the other side of the aisle saying no one wants this legislation. nothing could be further from the truth. the survivors of sexual assault and harassment want this and we should listen to them. h.r. 4445 will restore access to justice for victims of sexual assault or harassment who are currently locked out of the court system due to forced arbitration clauses. these clauses are everywhere. they block survivors from making their stories known, having their day in court, and prevents them from holding their abusers accountable. some of the stories we heard in this hearing were horrific of the kind of abuse and assault and demeaning behavior and those predators knew they were protected from being held accountable because they were forced arbitration clauses often

accompanied with provisions that kept those provisions -- those proceedings private. and so this legislation -- this private system forces survivors into a process, this forced arbitration that's not like a court system. there is no discovery, no judge or jury. and when you -- as i say, combine that with nonclosure -- nondisclosure agreements, it silences the survivors of sexual harassment and assault. predators are free to act with impunity. we heard testimony that's what they do over and over again. this bill will end that. i want to thank congresswoman bus oes who has made -- bustos who has made this her life's work since she came to congress.

this will help those kept quiet and end that practice. we heard testimony about the founder of infinity who actually started an arbitration and invoked the clause because he knew that would keep the proceedings secret and his abuse would be go unaccounted for. this is disgraceful. this should be a unanimous vote. everyone should want to put an end to this practice. and i urge you to vote yes on h.r. 4445. the speaker pro tempore: the gentlelady from minnesota. mrs. fischbach: madam speaker, i reserve. the speaker pro tempore: the gentleman from new york. mr. nadler: maments, i now -- madam speaker, i now yield a minute and 30 seconds to another member of the judiciary committee, the gentlelady from pennsylvania, ms. scanlon. the speaker pro tempore: the gentlelady is recognized for 90 seconds. ms. scanlon: thank you very much, mr. chairman. sexual violence and harassment in the workplace is a threat to dignity of all workers, particularly women, and forced arbitration clauses in employment contracts have played an important role in thwarting

efforts to hold accountable the predators who engage in such conduct and the companies that allow it to continue. the widespread use of these clauses in employment contracts forces many americans to agree to a form of dispute resolution that silences victims of sexual harassment and assault and allows those employers to escape accountability. they overwhelmingly benefit the employer, which drafts the nonnegotiable clauses, which dictates the venues, the arbitrators themselves. and also to rule in favor of employers less they not be hired again. in addition to denying survivors a public forum to expose sexual abuse which can deter future misconduct, these arbitration clauses preclude class actions which is often the only way employees can afford to bring successful claims. h.r. 4445 would ban the use the

forced arbitration in employment contracts in cases of sexual assault and harassment. in addition to protecting survivors of such harassment, that is just good public policy. with that, i yield back. the speaker pro tempore: the gentlelady from minnesota. mrs. fischbach: madam speaker, i reserve. the speaker pro tempore: the gentleman from new york. mr. nadler: madam speaker, i now yield a minute and 30 seconds to another member of the judiciary committee, the distinguished gentleman from maryland, mr. raskin. the speaker pro tempore: the gentleman is recognized for 90 seconds. mr. raskin: madam speaker, thank you. thank you, mr. chairman, for yielding. i want to salute our colleague, congresswoman bustos, for introducing what will certainly be the most important piece of pro-labor legislation to pass out of the 117th congress. our constitution guarantees our people the right to a jury trial but forced arbitration in the workplace brutally cheats victims of sexual harassment and assault in the workplace out of their right to a trial before a

jury of their peers. and by stripping women of this right, forced arbitration is creating corporate cultures of pervasive and severe sexual harassment all across the country, like the one eliza objected to -- to constantly degrading and humiliating treatment in the workplace. and repeat offenders had been made proud and contempt with us because their -- contemptuous because their actions are buried in coerced arbitration. we created monsters out of repeat offenders, sexual harassers across the country. let's throw the doors open and let's let the sunshine in. let's restore the full constitutional rights of women in the workplace. let's pass this legislation.

i yield back, mr. chairman. the speaker pro tempore: the gentlelady from minnesota. mrs. fischbach: madam speaker, i yield three minutes to the gentleman from colorado. the speaker pro tempore: the gentleman is recognized for three minutes. >> i thank the gentlelady from minnesota. madam speaker, i rise in support of h.r. 4445. this is the way the legislative process should work. this started with a victim of sexual harassment, gretchen carlson, who stepped forward and brought a cancer with an organization -- within an organization to light and did it in a courageous manner. then, my colleague, congresswoman cheri bustos, took on this cause and wrote a good piece of legislation. mr. buck: but what she did was even more important. she was open to suggestions and often adopted suggestions to make this the very best

legislation that it could be. and my friends, congressman matt gaetz and morgan griffith, work alongside her and worked on our side of the aisle to make folks aware of the need for this legislation. i urge my colleagues to support h.r. 4445 because, one, it empowers rape victims to make a choice between arbitration and going to court. it also makes sure that sexual predators are held accountable. and finally, it puts corporations on notice that if they don't clean up their act, they're going to have a big problem. there's no more sweeping an issue like this under the carpet. this is something that corporations are going to take seriously, and they are going to change their conduct as a result of the possible change to their bottom line. this gives -- this bill gives members a choice to support rape

victims or rapists. i choose to support the rape victims, the survivors of a terrible ordeal. and i urge my colleagues to do the same. i yield back. the speaker pro tempore: the gentleman from new york. mr. nadler: madam speaker, i now yield a minute and 30 seconds to another member of the judiciary committee, distinguished gentlelady from texas, ms. garcia. the speaker pro tempore: the gentlelady is recognized for 90 seconds. ms. garcia: thank you, madam speaker. thank you, chairman nadler. thank you to the author of this bill for her hard work. i rise today to express my strong support for this bill, h.r. 4445. as a former judge, i have deeply held beliefs that everybody should have their day in court. it's a simple, simple principle. everybody should have their day in court. that is the essence of justice

for all in our country. every time we say the pledge and we end, justice for all, we have to demonstrate we mean it, that survivors of sexual harassment and discrimination in the workplace deserve to have their voices heard. by ending forced arbitration and lawsuits involving swalt or -- sexual assault or sexual harassment claims, we ensure that survivors are given a choice of whether to go to court or to arbitrate their claim. abusers will no longer be able to misuse arbitration law with dubious agreements and fine print clauses to hide their violence and silence their victims. i am proud that we are taking firm bipartisan action to ensure justice for sexual harassment and sexual assault victims. i'm proud that we're making sure that when little kids across

america say, justice for all, that it truly means for all. i urge my colleagues to vote yes on h.r. 4445. and i yield back the remained are of my -- remainder of my time. the speaker pro tempore: the gentlelady from minnesota. mrs. fischbach: madam speaker, i reserve. the speaker pro tempore: the gentleman from new york. mr. nadler: madam speaker, i now yield a minute and 30 seconds to another member of the judiciary committee, the distinguished gentlelady from north carolina, ms. ross. the speaker pro tempore: the gentlelady is recognized for 90 seconds. ms. ross: thank you, madam speaker. and thank you very much, mr. chairman, and especially thank you to our colleague, cheri bustos, for bringing this important legislation to us. i rise today in support of h.r. 4445, the ending forced arbitration of sexual assault and sexual harassment act. in 2017, our country experienced a dramatic and needed shift. women in a variety of industries responded to news of allegations

against powerful men with the #metoo. banding together in solidarity to expose predatory behavior that has been overlooked and excused for generations. but some women are still not able to speak out against their abusers because forced arbitration agreements prevent them from doing so. last year, the house judiciary committee heard testimony from women from a variety of backgrounds and political parties who have suffered the injustices of sexual abuse and forced silence through arbitration. their stories illuminate how forced arbitration agreements are too often used to protect assailants and their companies at the expense of working women. it's past time for congress to enable these wome to reclaim

their voices and take control of their own lives. i ask my colleagues to support h.r. 445. thank you and i -- h.r. 4445. thank you and i yield back. the speaker pro tempore: the gentlelady from minnesota. mrs. fischbach: madam speaker, i reserve. the speaker pro tempore: the gentleman from new york. mr. nadler: madam speaker, i now yield a minute and a half to the gentlelady from connecticut, ms. delauro. the speaker pro tempore: the gentlelady is recognized for 90 seconds. ms. delauro: the ending forced arbitration of swalt and -- sexual assault and sexual harassment act is bipartisan, it's legislation that provides survivors with the resources they need to seek the justice that they deserve and empower them by giving them a choice to go to court instead of being forced into arbitration. survirus, like susan fowler, who in -- survivors, like susan fowler, when she worked for uber, her supervisor assaulted

her. since uber employees are forced to sign arbitration agreements when they are hired, preventing them from bringing sexual harassment claims to courts. susan was forced into a confidential dispute forum without the right to appeal. three years later, susan had had enough and she spoke out, writing in an op-ed for "the new york times" and i quote, from the systemic culture of sexual harassment and discrimination at uber, to the ubiquitous stories of women taken advantage of in industries ranging from professional football to restaurants, we have seen one company after another publicly outed and shamed for illegal treatment of employees. and susan rightly asks, and i quote, the question is no longer whether mistreatment actually occurs but what can we do to ensure that it never happens

again? the answer is simple. we can pass this bipartisan legislation, end the practice of forced arbitration, and with that, i urge my colleagues to vote in favor of this bill. thank you and i yield back. the speaker pro tempore: the gentlelady from minnesota. mrs. fischbach: madam speaker, . the speaker pro tempore: the gentleman from new york. mr. nadler: we are prepared to close. the speaker pro tempore: the gentlelady from minnesota. mrs.fischbach: thank you, madam speaker, i yield four minutes to the gentleman from ohio. mr. jordan: i want to thank the gentlelady from minnesota and for yielding time. i rise in opposition to this legislation. we know that sexual harassment and assault is as wrong as wrong can be. they should never be silenced but the outrage that we feel does not mean we should pass a

bill that would be worst off. why this bill approach is misguided. the bill supporters say they stop going to law enforcement. but arbitration is not secret or otherwise confidential. and arbitration does not prevent anyone from speaking out and they may go to authorities and law enforcement to report the wrongdoing and while they should. there is a distimpg shonn. much of the push for this legislation comes from concerns of secrecy whether arbitration advances justice. the text of this bill never addresses confidentiality or nondisclose sorb you are

agreements. it gives plaintiffs more choice how to resolve dispute. giving one party to cancel an agreement will take the function to arbitrate off the table. contracts will be far less likely to arbitrate. we know that parties can't advance in advance to arbitrate and unlikely to arbitrate after there has been a dispute. the plaintiff may never get to arbitration. victims do not have deep pockets or large-sum setment setments and women will lose the benefits of arbitration benefits. and companies have enough money to defend these claims. these lawsuits are an ordeal for victims who in must undergo discovery and give public

testimony. the rules of litigation may make it difficult for them to get the relief they deserve. this is rigorous trauma. if democrats to pretend this won't limit it. in reality. it is more than limiting the trial bar. it gives trial lawyers to craft complaints to get whole cases out of arbitration and into courts. this bill will empower the plaintiffs' bar that democrats and trial lawyers will want. four years they have tried to gut all different claims. everyone from consumer of financial services to civil rights' plaintiffs and those with antitrust claims would be

forced into court even if they would agree to arbitrate. don't be fooled. what is best for plaintiffs' lawyers is not best for plaintiffs. whatever vehicle we use actually makes things better. i'm concerned about this legislation of how it will play out for victims and adverse consequences it could have. and i would urge we oppose the bill. the speaker pro tempore: the gentleman from new york. mr. nadler: i reserve. mrs.fischbach: i am prepared to close. we must consider the unintended consequences of h. r. 4445. this bill has good intentions and we want to help victims of sexual harassment but this bill

isn't going to accomplish that. i want to say again, what we have before us today is that congress is changing existing and agreed-to contracts. i have concerns about government nullifying contractual agreements. h. r. 4445, if h. r. 4445 becomes law, contracts will have less option to arbitrate. this is a concern tore victims who do not have the resources. and sometimes arbitration is the best way to solve dispute. arbitration does not void an individual's constitutional right under the 7th amendment. this is one of the many, many aspects of this bill that needs to be considered before we can move forward.

i oppose this bill and i encourage my colleagues to do the same until we address the concerns surrounding this bill. i yield back. the speaker pro tempore: the gentleman from new york. mr. nadler: i yield myself such time as i may consume. madam speaker, h. r. 4445 removes barriers to justice for survivors of sexual assault or harassment by giving a real choice whether to go to court or arbitrate their court. mr. jordan is right, many such victims, if given the choice will choose to go to court. why shouldn't they? in arbitration, they lose 98% of the cases. the employer wins 98% of the cases in arbitration.

why? well, for one thing, employer picks the arbitrator and the arbitrator is paid and the arbitrator wants to rule in such a way that she is likely to get hired again. 98% of the cases brought by women who have been sexually harassed which are in forced arbitration are lost by them. that's why this bill is necessary. if we want to get women who have been sexually harassed a fair chance at justice, pass this bill. if you want to win against their employer who did the sexual harassment or allowed the sexual harassment, we must pass this bill. this is supported by the national alliance to end sexual

alliance. national coalition against sexual and many others and no one single group that deals with sexual violence opposes this bill. only employer organizations oppose this bill because it stabbings the deck in their favor. i thank my colleagues for their leadership on this issue. i urge my colleagues to support this bipartisan legislation. i yield back. the speaker pro tempore: the gentleman yields back the balance of his time all time for debate on the bill has expired. the speaker pro tempore: for what purpose does the gentleman from colorado seek recognition?

mr. buck: i have an amendment at the desk. the clerk: amendment number 1 printed in house report 117-offered by mr. buck of colorado. the speaker pro tempore: the gentleman from colorado, mr. buck, and a member opposed will each control five minutes. the chair recognizes the gentleman from colorado. mr. buck: this amendment is very simple. it changes a somewhat convoluted definition. the term sexual harassment means a dispute relating to conduct to conduct sexual harassment. simple, straight-forward, understandable. the issue arose here because there was a question whether the definition that was contained in this law would supersede federal, state or tribal law. it doesn't. this clarifies that and i would

ask my colleagues to support this and i reserve. the speaker pro tempore: does the gentleman reserve or yield back? mr. buck: reserve. the speaker pro tempore: the gentleman from new york. for what purpose does the gentleman from new york rise? mr. nadler: i claim time in opposition to the amendment although i am not opposed. the speaker pro tempore: the gentleman is recognized. mr. nadler: i yield myself 45 seconds. i rise in support of the amendment offered by the gentleman from colorado. the ranking member of the subcommittee in antitrust and administrative law. this amendment clarifies that h. r. 4445 does not amend current law. it reflects the bipartisan input of several of my colleagues including the bill's sponsor. this will amendment would protect the rights of victims to relate to the conduct under

applicable law and makes clear that anything relating to sexual assault is covered by this bill. this would include retaliation or any others misconduct that alleges a violation of these laws and important. i urge my colleagues to support this amendment and i reserve. the speaker pro tempore: the gentleman from colorado. mr. buck: i yield one minute to the gentleman from north carolina, mr. bishop. the speaker pro tempore: the gentleman is recognized. mr. bishop: i'm pleased with this will amendment by the gentleman from colorado, it has my full support in the judiciary and i appreciate the chairman's nonopposition to the amendment. it makes the bill better and one that i'm going to be eager and pleased to support. the problem before was that the bill possibly took -- made

unenforceable arbitration agreements going well beyond for sexual harassment dispute. the victim in every case should have the opportunity not to arbitrate. therefore, this amendment succeeds. i'm going to be supporting the bill as well and with that, i yield back. the speaker pro tempore: the gentleman from new york. mr. nadler: i am pleased to yield 1:30 to mrs. bustos. mrs.bustos: i am a proud co-leader of the amendment with ken buck. this is on an issue raised by republicans on the house judiciary committee of ending. we promised them we would work

to address those issues and we addressed those issues of state and local laws. this is a testament of what we can accomplish when we listen to each other and working toward a common goal. that goal is protecting survivors and giving them a choice of how to pursue justice. i thank congressman buck. i urge my colleagues og both sides of the aisle to support this amendment and i yield back. the speaker pro tempore: the gentleman from colorado. mr. buck: i yield to the co-sponsor of this bill, mr. griffith of virginia. the speaker pro tempore: the gentleman is recognized. mr.griffith: as we just heard this was the majority party taking into account the views of the minority party which is why we have support for this

amendment and this amendment will bring more members onto the bill as one of the co-sponsors of the bill. i think that is a good thing and appropriate amendment and does clarify and i commend mrs. bustos and mr. buck for their hard work and i ask that everyone vote for the amendment. the speaker pro tempore: the gentleman from new york. mr. nadler: i yield to the gentleman from new york, mr. could roar's for one minute. mr. correa: sex crimes including sexual harassment are the most brutal crimes causing damage to their victims. beyond the physical pain, the psychological pain scars the victim for life and they these

crimes go unreported. i thank mrs. bustos for this bill and the amendment to prohibit forced arbitration when it comes to sexual assault. i say to you, this is not enough. we must address we must also address nondisclosure agreements that allow predators to victimize others for a long, long time. to remedy this loophole i'll be introducing legislation to prohibit secret settlements when it comes to sexual crimes. with that, madam speaker, i yield. the speaker pro tempore: the gentleman from colorado. mr. buck: i reserve and i'm prepared to close. the speaker pro tempore: the gentleman from new york. mr. nadler: i yield to the gentlelady, ms. speier. the speaker pro tempore: the

gentlelady is recognized. ms. speier: the impact this will have on 60 million americans who don't even know they have agreed to forced arbitration and the fact that in 98% of the cases of sexual assault and sexual harassment in the workplace, the employer wins. we had a hearing last week in which nfl staffers at the washington commanders talked ability the sexual harassment and sexual assault they endured. one said in the year and a half she worked there, she was sexually harassed every single day. let me speak to loretta lee of california who was fired from google after complaining about co-workers making lewd remarks, hiding under her desk and showing up at her apartment. in addition to losing her right

to file suit, she was also forced to meet with her perpetrators. resulting in retaliation. representative bustos has done a great service to men and women who are sexually harassed and sexually assaulted in the workplace. i commend her. i applaud her. i urge all my colleagues to vote for this amendment and for the legislation. i yield back. the speaker pro tempore: the gentleman from colorado. mr. buck: reserve. the speaker pro tempore: the gentleman from new york. mr. nadler: i'm prepared to close. the speaker pro tempore: the gentleman has 45 seconds remaining. the gentleman from colorado has the right to close. mr. nadler: i thank mr. buck for offering this helpful amendment. i thank all the people who have been so helpful on this bill. i yield back the balance of my time. the speaker pro tempore: the gentleman from colorado. mr. buck: i thank the gentleman. i appreciate mrs. bustos and her

willingness to consider this language. i don't know that there was a problem beforehand but whatever there was it has been cleared up and i very much think that this is a stronger bill as a result of this amendment. i urge my colleagues to vote for it and i yield back. the speaker pro tempore: pursuant to the rule, the previous question is ordered on the bill and the amendment ordered by the gentleman from colorado, mr. buck. the question is on the amendment by the gentleman from colorado, mr. buck. those in favor say aye. those opposed, no. the ayes have it. the amendment is agreed to. the gentleman from ohio. >> i ask for a roll call. the speaker pro tempore: pursuant to section 3-s of house resolution 8, the yeas and nays are ordered. pursuant to clause 8 of rule 20, further proceedings are postponed. pursuant to clause 1-c of rule 19, further consideration of h.r. 4445 is postponed. the chair lays before the house

a message. the clerk: to the congress of the united states. section 202-d of the national emergency pact 50 united states code provides for the automatic perm nation of national emergency unless within 90 days prior to the anniversary date of its declaration, the president publishes in the federal register and transmits to congress a notice saying the emergency is to continue in effect beyond the anniversary date. in accordance with this provision -- provision i have send to the federal register for publication the enclosed notice that the emergency situation in burma is to continue in effect beyond february 10, 2022. the situation in and in relation to burma and in particular the february 1, 2021, coup in which the military overthrew the

democratically elected government of burma and unjustly detained government leaders, politician, human rights defenders, journalists and religious leaders, thereby rejecting the will of the people, as expressed in elections held in 2020, and undermining the couldn'tries' democratic rule of law, continues to pose a threat to national security and foreign policy of the united states, there have i have determined it is necessary to continue the national emergency declared in order 1404. signed, joseph r. biden jr., the white house, february 7, 2022. the speaker pro tempore: referred to the committee on foreign affairs and ordered printed. pursuant to clause 12-a of rule 1, the chair declares the house in recess until approximately

as always, live coverage of the house is here on c-span. ♪ >> state department spokesman talked to reporters on russia's